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HomeMy WebLinkAboutR05-117 FONSI for Dotsero Mobile Home Park Commissioner moved adoption BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2005- ACKNOWLEDGING A FINDING OF NO SIGNIFICANT IMPACT (FONSI) to allow construction of upgrades to the Water and Wastewater Treatment Systems currently serving the Dotsero Mobile Home Park. File Number 1041-0062 WHEREAS, on or about March 1,2005, the Dotsero Mobile Home Park, LLC (hereinafter "Applicant"), proposed to the Eagle County Department of Community Development at a pre-application meeting, a project to allow construction of upgrades to the Water and Wastewater Treatment Systems currently serving the Dotsero Mobile Home Park; and WHEREAS, the Applicant provided plans which would allow for construction as follows: Water Treatment System Modifications ./ Installation of a Reverse Osmosis treatment system sized to deliver 22.5 gpm of treated water (permeate) with 8000 gpd concentrate; ./ Permeated disinfection system (chlorine dosing system and contact tankage); ./ 30 gpm booster pump system station, and; ./ Concentration disposal to the existing infiltration pond. The system is designed and will be constructed to meet and exceed Drinking Water Standards and to conform to the Colorado Department of Health and Environment Design Criteria for potable Water Systems. Wastewater Treatment Facility Modifications ./ No change in the mobile home park population or rated capacity of 21,300 GPD or the rated organic capacity of 42.6 pound per day is proposed; ------ ./ Upgrade the existing Rotating Biological Contactor process to a Sequencing Batch Reactor activated sludge process; ./ Influent coarse manual barscreen; ./ Influent flow metering; ./ Sequencing batch reactor activated sludge package system; 1 ./ Effluent disinfection system; ./ Six-inch outfall pipe to percolation pond; ./ Stand-by power generator. WHEREAS, in accordance with Section 6.03.01 of the Eagle County Land Use Regulations, an Applicant is required to obtain a Finding of No Significant Impact (FONSI) or a Permit prior to engaging in development in an area or an activity that has been determined to be of State interest; and WHEREAS, in accordance with Sections 6.03.03(1) and 6.04 of the Eagle County Land Use Regulations, the Director of Community Development (hereinafter "Director"), has reviewed the Applicant's proposal, and all relevant support materials, and, having considered applicable Permit Application Approval Criteria, has determined that the construction of the proposed project, without mitigation, is unlikely to have any significant adverse impact to the County (see Determination ofa Finding of No Significant Im-pact, ATTACHED AS EXHillIT "C"); and WHEREAS, notice of the Director's Determination of a Finding of No Significant Impact (FONSI) was given to all proper agencies, departments and the County's legal newspaper as required by Section 6.03.03(3) of Eagle County's Land Use Regulations; and WHEREAS, in accordance with Section 6.03.03(4)(a) of Eagle County's Land Use Regulations, the 14 day period during which a Request for Reconsideration of the Director's Determination of a Finding of No Significant Impact (FONSI), by the Board of County Commissioners or any affected party, elapsed on September 1,2005; and WHEREAS, in accordance with Chapter II, Article 3, Section 3.310.1.2, Waiver Provision ofthe Eagle County Land Use Regulations, the Applicant also requested a waiver from the requirement for a Special Use Permit by the Board of County Commissioners, as such application for Special Use would serve no further legitimate planning, zoning or other land use objective. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, a Finding of No Significant Impact (FONSI) for the Dotsero Mobile Home Park Water and Wastewater Treatment System upgrades has been granted by the Director of Community Development. 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 Applicant's request for waiver of the Special Use Permit requirements in accordance with Section 3-310.1.2 of the Eagle County Land Use regulations is also hereby granted. 2 MOVED, READ AND ADOPTED by the Board of County County of Eagle, State of Colorado, at its regular meeting held the 2005. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: Clerk to the Board of County Commissioners ~~~ Tom . Stone, mmissioner Commissioner ~ seconded adoption ofthe foregoing resolution. The roll having been called, the vote was as follows: Commissioner, Am M. Menconi Commissioner, Tom C. Stone Commissioner, Peter F. Runyon This Resolution passed by ~?J vote of the Board of County Commissioners of !,/ () , the County of Eagle, State of Colorado. 3 . COMMUNITY DEVELOPMENT DEPARTMENT (970) 328-8730 FAX: (970) 328-7185 Email: comdev@eaglecounty.us ~.e~ecounty.us EAGLE COUN1Y DETERMINATION OF A FINDING OF NO SIGNIFICANT IMP ACT (FONSI) Regarding Guidelines and Regulations for Matters of State Interest, and more specifically pursuant to Section 6.03.01 of Eagle County's Land Use Regulations, an Applicant is required to obtain a Finding of No Significant Impact (FONSI) or a Permit prior to engaging in development in an area or an activity that has been designated of state interest. The Director may determine that a Finding of No Significant Impact should be issued ifthe construction or operation of the proposed project requires no mitigation in its anticipated location, and is unlikely to have any significant adverse impact to the County given consideration of the Permit Application Approval Criteria as delineated in Section 6.04 of the Eagle County Land Use Regulations. FILE NO. / NAME: 1041-0062/ Dotsero Mobile Home Park (a.k.a. Malpais Mobile Home Park) Upgrade of Water Treatment Facility and Wastewater Treatment Facility. APPLICANT: Dotsero Mobile Home Park, LLC / Jim Condit and Steve Okeson PLANNER: Bob N arracci PRE-APPLICATION MEETING PROCESS INITIATED ON: May 2005. DATE OF THIS REPORT: August 8,2005 PROJECT DESCRIPTION: Pursuant to correspondence received from Michael Liuzzi of the Colorado Department of Public Health and Environment, "The wastewater treatmentfacility at Dotsero has reached its "life-expectancy". It is time to replace the treatment plant. The few samples taken at the effluent demonstrate that the plant is not producing ejJ1uent quality to meet the existing permit limits. The monitoring well that was drilled at the facility has not been able to obtain samples due to the lava fan that the well encountered. Hence, there have been no demonstrated violations for the Division to point to as a logical reason for treatment plant upgrade. The previous district engineer, Jim Chubrilo, for the Water Quality Control Division (WQCD) and I have been requesting Mr. Jim Condit to make the necessary plans to replace the treatment facility for a number of years. We requested that he do this due to the age of the plant and experience of knowing that an aged plant could not produce the effluent quality to meet the Eagle County Building. 500 Broadway, P.O. Box 179, Eagle. Colorado 81631-0179 current permit limits. Mr. Condit has made contact with an engineer (Mr. Bob Frachetti) who has found an affordable solution to replace the plant The WQCD requested Mr. Frachetti to perform a cost analysis to connect Dotsero MHP to Two Rivers. This solution proved cost prohibitive. Compounding the problem at Dotsero is the drinking water has elevated chlorides in it. The treatment process will need to address this issue, also. The context of Mr. Condit's approach to updating the treatment facility does not indicate any attempt to improve the facility, in order to eliminate low-income housing and to raise the rental charge sufficiently to attract different residents. However, I imagine that he will need to raise the fees at the MHP. It is my understanding that his current fees are well below the average wastewater treatment fees assessed by similar communities. It only seems prudent and appropriate that he be allowed to raise the fees by a modest increase, in order to help amortize his investment in the treatment facility. Furthermore, it seems appropriate to provide the MHP residents a treatment facility that will provide adequate treatment and not become a health threat for them due to breakdowns of the current treatment facility, as a result of age. I urge you to consider the request of Mr. Condit to improve his treatment facility and view this as a conscientious decision to address a potential problem before it becomes a local environmental disaster. This is an excellent opportunity for Mr. Condit and Eagle County to provide the same level of wastewater treatment for the Dotsero residents that you and I would expect for our own neighborhoods. It my understanding that Mr. Condit will maintain this "neighborhood" for low income families, which appear to be in short supply for the people who work not only in resort towns, but also in the larger communities throughout the State. The proposed project includes modifications and improvements to the existing water and wastewater treatment processes to upgrade their treatment capabilities. The project will not significantly alter the site nor pose any significant off-site concerns. " The proposed water treatment system modifications consist of the following: ./ Installation of a Reverse Osmosis treatment system sized to deliver 22.5 gpm of treated water (permeate) with 8000 gpd concentrate; ./ Permeated disinfection system (chlorine dosing system and con~act tankage); ./ 30 gpm booster pump system station, and; ./ Concentration disposal to the existing infiltration pond. The system is designed and will be constructed to meet and exceed Drinking Water Standards and to conform to the Colorado Department of Health and Environment Design Criteria for potable Water Systems. The proposed wastewater treatment facility modifications consist of the following: ./ No change in the mobile home park population or rated capacity of 21,300 GPD or the rated organic capacity of 42.6 pound per day is proposed; ./ Upgrade the existing Rotating Biological Contactor process to a Sequencing Batch Reactor activated sludge process; ./ Influent coarse manual barscreen; ./ Influent flow metering; ./ Sequencing batch reactor activated sludge package system; ./ Effluent disinfection system; ./ Six-inch outfall pipe to percolation pond; ./ Stand-by power generator. FEES TO DETERl\UNE WHETHER A FONSI IS REQUIRED: It has been estimated that the cost to cover the evaluation of file 1041-0062 for the purpose of determining whether a FONSI can be made will be $ 1224.00 as detailed below: Staff/administrative time of 16 hrs x $76.50/hr = $1224.00 Should a determination ofFONSI be made, said fee will be due and payable prior to the execution of a resolution granting permission to proceed with the proiect. Paid on ~.. H. - oS- Receipt # \3\3'\3 by YO\~E..1Z.o fV\, f!.\ \".'1. \J. c>"" '1:. ?,c~\d~ I LLC- REFERRALS / REFERRAL RESPONSES: Pursuant to Section 6.03.02, Pre-application Procedure, and the approval criteria listed in Section 6.04, Approval Criteria and Financial Assurance, the Applicant has provided written testimony (attached) to support their assertion that a FONSI should be granted. Reference Section 6.03, referrals of the application are not required, and based on the nature and scope of the work proposed, no referrals were deemed necessary. STAFF RECOMMENDATION: Based on a review of the pre-application submittals and the information obtained at the pre- application, Staff HAS found that the construction and/or operation of the proposed project requires no mitigation, and in its proposed location is unlikely to have any significant adverse impact to the County. Staff recommends that a Finding of No Significant Impact should be issued. DETERMINATION BY THE DIRECTOR OF COMMUNITY DEVELOPMENT Pursuant to Section 6.03.03(1), and based on the review of the application, relevant support materials and the recommendation of Staff, I have determined a Finding of No Significant Impact (FONSI) should be issued for File 1041-0062. Upon completion of the public notice process, and once the 14 day reconsideration period has elapsed without receipt of a request for call-up, Staffwill proceed, at my direction, to draft a resolution for the Board's signature indicating a Finding of No Significant Impact. ~h ~J- ~te/ RECONSIDERATION OF DIRECTOR'S DETERMINATION: (to be completed upon the Director's approval) Within 14 days following the publication ofthe Director's Determination ofa FONSI, the Board may decide to reconsider, or "call-up", the Determination. Within the same 14 days of the date of publication, any affected party may also seek Reconsideration through a written request to the Board. If a "call-up" occurs, Reconsideration of the Director's Determination of a FONSI shall be made at the next regularly scheduled meeting of the Board for which proper notice can be made. The period during which Reconsideration can be requested shall be 14 days from August 18,2005, which will be the first day of publication, and shall terminate on September 1,2005.