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Home My WebLink AboutR05-015 Frost and Salt Crteek PUD File No. 1041-0057 1I1111111111111~ 1111111 ~~~~~~159/NC- Teak J Simonton Eagle, CO 370 R 0.00 00.00 Commissioner moved adoption BOARD OF COUNTY C01\fMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2005- 0/;;:; APPROV AL OF A PERMIT AiVIEl\H)MENT FOR SITE SELECTION AND CONSTRUCTION OF MAJOR NEW DOMESTIC WATER AND SEW AGE TREATMENT SYSTEM Ai'ID TO CONSTRUCT MAJOR EXTENSIONS OF EXISTING DOMESTIC WATER AND SEW AGE TREATMENT SYSTEMS AND FOR THE EFFICIENT UTILIZATION OF A MlJNICIP AL WATER PROJECT IN ORDER TO SERVE THE FROST AND SALT CREEKPUD. File Number 1041-0057 \VHEREAS, the Adam's Rib, (hereinafter "Applicant"), submitted to the Eagle County Department of Community Development an application to amend Permit No. 1041-0044 which was originally approved for major extensions of the Town of Eagle's existing domestic water treatment system to serve the Frost Creek and Salt Creek Planned Unit Development (PUD). Permit No. 1041-0044 also approved the use of individual sewage disposal systems with pressure-dosed leach fields and de-nitrification treatment capability to serve the Frost Creek and Salt Creek PUD WHEREAS, the Board of County Commissioners (lithe Board"), in its capacity as the Eagle County Permit Authority, conducted a public hearing on December 14, 2004 to consider the Application; and " WHEREAS, the Board, acting as the Permit Authority, has considered all the evidence, exhibits and arguments presented at and prior to the hearings. \VHEREFORE, based on the evidence presented, the Permit Authority makes the following findings with regard to the Application as it pertains to Section 6.04 Permit Application Approval Criteria for Matters of State Interest of the County Land Use Regulations: An application was submitted in compliance with section 6.03.12 Permit Amendment of the Eagle County Land Use Regulations. The Board makes the following findings as required by 6.04 Permit Application Approval Criteria for Matters of State Interest which are supported by the evidence and application: [+] FINDING: (1) Rif[hts. Permits and Approvals The Applicant HAS provided the necessary documentation to assure that all necessary property rights, permits and approvals will be in place prior to site disturbance. [+] FINDING: (2) Propertv rif[hts of others As proposed, the project \VILL NOT impair property rights held by others. 1 [+] FINDING: (3) Consistencv with plans The project IS consistent with relevant provisions of applicable land use and water quality plans. [+] FINDING: (4) Expertise and financial capabilitv The applicant and the Town of Eagle DOES HAVE the necessary expertise and financial capability to develop and operate the Project consistent with all requirements and conditions. [+] FINDING: (5) Feasibilitv The Project IS technically and financially feasible. [+] FINDING: (6) Risk from Hazards As proposed and mitigated, the project IS NOT subject to significant risk from natural hazard. [+] FINDING: (7) Land use Patterns The project \VILL NOT have a significant adverse effect on land use pattems. [+] FINDING: (8) Service capacities The Project WILL NOT have a significant adverse effect on the capability of local governments affected by the project to provide services, NOR WILL it exceed the capacity of service delivery systems. [+] FINDING: (9) Financial Burden The operation and maintenance of a private sewer system WILL NOT create an undue financial burden on future residents. [+] FINDING: (10) Protection of Local Economv The project WILL NOT significantly degrade any current or foreseeable future sector of the local economy. [+] FINDING: (11) Protection of recreational opportunities The Project WILL NOT have a significant adverse effect on the quality of recreational opportunities and expenence. [+] FINDING: (12) Resource Conservation The planning, design and operation of the Project SHALL reflect principals of resource conservation, energy efficiency and recycling or reuse. [+] FINDING: (13) Air Qualitv The Project WILL NOT significantly degrade air quality. [+] FINDING: (14) Visual Qualitv The Project WILL NOT significantly degrade existing visual quality. [+] FINDING: (15) Surface Water Oualitv The project WILL NOT significantly degrade surface water quality. [+] FINDING: (16) Ground Water Qualitv The Project WILL NOT significantly degrade ground water quality. [+] FINDING: (17) Wetlands and Riparian Areas As conditioned, the Project WILL NOT significantly degrade wetlands and riparian areas. 2 [+] FINDING: (18) Terrestrial or Aquatic Animal life The Project as proposed 'VILL NOT significantly degrade terrestrial or aquatic animal life or its habitats. [+] FINDING: (19) Terrestrial Plant Life The Project WILL NOT significantly deteriorate terrestrial plant life or plant habitat. [+] FINDING: (20) Soils and Geologic Conditions The Project 'VILL NOT significantly deteriorate soils and geologic conditions. [+] FINDING: (21) Nuisance The proposed project WILL NOT cause a nuisance. [+] FINDING: (22) Paleontological, Historic or Archaeological areas The project WILL NOT significantly degrade areas of paleontological, historic or archaeological importance. [+] FINDING: (23) Hazardous Materials The project WILL NOT result in umeasonable risk of releases of hazardous materials. [+] FINDING: (24) Benefits Outweigh Losses The benefits accruing to the County and its citizens from the project DO outweigh the losses of any natural, agricultural, recreational, grazing, commercial or industrial resources within the County, or the losses of opportunities to develop such resources. Pursuant to Eagle County Land Use Regulations Section 6.04.02, Additional Criteria Applicable to lvfunicipal and Industrial Water Pro;ects, the following additional analysis is provided. [+] FINDING: (1) Efficient Use The Project SHALL emphasize the most efficient use of water, including the recycling, reuse and conservation of water. [N/A] FINDING: (2) Excess Capacitv/Duplicate Services The Project SHALL NOT result in excess capacity in existing water or wastewater treatment services or create duplicate services. [+] FINDING: (3) Necessitv The Project SHALL BE necessary to meet community development and population demands in the areas to be served by the project. [+] FINDING: (4) Protection of Aquifer Recharge Areas Urban development, population densities, and site layout and design of storm water and sanitation systems SHALL BE accomplished in a manner that will prevent the pollution of aquifer recharge areas. Pursuant to Eagle County Land Use Regulations Section 6.04.03, Additional Criteria Applicable to Ma;or New Domestic Water and Wastewater Treatment Svstems and Ma;or Extensions of Existing Domestic Water and Wastewater Treatment Svstems, the following additional analysis is provided. 3 [+] FINDING: (1) Pro;ected communitv development and population demands. The Project SHALL BE reasonably necessary to meet the projected community development and population demands in the areas to be served by the Project or to comply with regulatory or technological requirements. [+] FINDING: (2) Consolidation with existinJt facilities. To the extent feasible, wastewater and water treatment facilities SHALL BE consolidated with existing facilities within the area. [+] FINDING: (3) Proper utilization of existinJt treatment plants. New domestic water and sewage treatment systems SHALL BE constructed in areas which will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities. [+] FINDING: (4) Financial and environmental capacitv. The Project SHALL BE permitted in those areas in which the anticipated growth and development that may occur as a result of such extension can be accommodated within the financial and environmental capacity of the area to sustain such growth and development. Now Therefore, be it resolved by the Board of County Commissioners of Eagle County, Colorado hereby APPROVE File No. 1041-0057 with the following conditions: 1. That except as otherwise modified by the Pennit, all material representations ofthe applicant in this permit application, correspondence, and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions; 2. The leach fields associated with the septic systems be pressure-dosed and include de- nitrification in the treatment process. 3. The water quality monitoring and mitigation plan must be revised to the satisfaction of the Department of Environmental Health prior to issuance of a Grading Permit; 4. The applicant must submit a Fugitive Dust Plan or Dust Suppression Plan for County approval with any grading permit application. THAT, the Board of County Commissioners hereby directs the Department of Community Development to provide a copy of this Resolution to the Applicant. THAT, the Board of County Commissioners hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the inhabitants of Eagle County. <MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the -L day of -2f~ ' 2005, nunc pro tunc to the 14th day of December 2004. 4 COUNTY of EAGLE, STATE of COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS: ATTEST: ~l;o~ . By: By: Am .~ enconi, Chairman Clerk to the Board of ~~ County Commissioners Tom . Stone, Commissioner Peter F. Runyon, Commissioner Commissioner 6~ seconded adoption of the foregoing resolution. The roll having been called, the votewas as follows: Commissioner, Am M. Menconi ~ Commissioner, Tom C. Stone Commissioner, Peter F. Runyon or This Resolution passed by ~(~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 5