HomeMy WebLinkAboutR08-081 Robinson Lake Pump Station 1041 Permit Approval J COUNTY 200815988
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R 07/28/2008
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Commissioner moved adoption
of the following Resolution: LI
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2008- °
APPROVAL OF A 1041 PERMIT TO ALLOW THE REPLACEMENT OF THE
EXISTING ROBINSON LAKE PUMP STATION AND PIPELINE AND WAIVER OF
SPECIAL USE PERMIT REQUIREMENTS
File Number 1041 -0072
WHEREAS, on our about May 13, 2008, Climax Molybdenum Company submitted to
the Eagle County Department of Community Development an application for the replacement of
the existing Robinson Lake Pump Station and pipeline.
Climax Molybdenum
Com an is implementing Company p g a project to upgrade existing water
management, mining, and mineral processing systems, including the construction of a new
molybdenum processing facility in anticipation of re- starting active mining and milling
operations in 2010. The new pump station will replace the components which make up the
process water reclaim system used in the industrial mining process.
WHEREAS, the Board of County Commissioners " "the Board"), in its capacity ( ) p Y as the
Eagle County Permit Authority, conducted a public hearing on April 22, 2008 to consider the
Application; and
WHEREAS, the Board, acting as the Permit Authority, has considered all the evidence,
exhibits and arguments presented at the hearings.
WHEREFORE, based on the evidence presented, the Permit Authority makes the
following findings with regard to the Application as it pertains to Section 6.04.01, 6.04.02 and
6.04.03 of the County Land Use Regulations:
Pursuant to Eagle County Land Use Regulations, Section 6.04.01, Permit Application
Approval Criteria for Matters of State Interest, and as more specifically described in the
application materials.
(1) Documentation that prior to site disturbance for the Project, the applicant will have
obtained all necessary property rights, permits and approvals. The Board may, at
its discretion, defer making a final decision on the application until outstanding
property rights, permits and approvals are obtained.
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(2) The Project will not impair property rights held by others.
(3) The Project is consistent with relevant provisions of applicable land use and water
quality plans.
(4) The applicant has the necessary expertise and financial capability to develop and
operate the Project consistent with all the requirements and conditions.
(5) The Project is technically and financially feasible.
(6) The Project is not subject to significant risk from natural hazards.
(7) The Project will not have a significant adverse effect on land use patterns.
(8) The Project will not have a significant adverse effect on the capability of local
governments affected by the Project to provide services, or exceed the capacity of
service delivery systems.
(9) The Project will not create an undue financial burden on existing or future residents
of the County.
(10) The Project will not significantly degrade any current or foreseeable future sector
of the local economy.
(11) The Project will not have a significant adverse effect on the quality or quantity of
recreational opportunities and experience.
(12) The planning, design and operation of the Project shall reflect principals of
resource conservation, energy efficiency and recycling or reuse.
(13) The Project will not significantly degrade air quality.
(14) The Project will not significantly degrade existing visual quality.
(15) The Project will not significantly degrade surface water quality.
(16) The Project will not significantly degrade groundwater quality.
(17) The Project will not significantly degrade wetlands and riparian areas.
(18) The Project will not significantly degrade terrestrial or aquatic animal life or its
habitats.
(19) The Project will not significantly deteriorate terrestrial plant life or plant habitat.
(20) The Project will not significantly deteriorate soils and geologic conditions.
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(21) The Project will not cause a nuisance.
(22) The Project will not significantly degrade areas of paleontological, historic, or
archaeological importance.
(23) The Project will not result in unreasonable risk of releases of hazardous materials.
(24) The benefits accruing to the County and its citizens from the Project 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
~plicable to Municipal and Industrial Water Projects, and as more specifically described in
the application materials.
(1) The Project shall emphasize the most efficient use of water, including the recycling,
reuse and conservation of water.
(2) The Project will not result in excess capacity in existing water or wastewater
treatment services or create duplicate services.
(3) The Project shall be necessary to meet community development and population
demands in the areas to be served by the Project.
(4) 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 Major New Domestic Water and Wastewater Treatment Svstems and MaL
Extensions o Existing Domestic Water and Wastewater Treatment Svstems, and as more
specifically described in the application materials.
(1) The Project shall be reasonably necessary to meet projected community
development and population demands in the areas to be served by the Project, or to
comply with regulatory or technological requirements.
(2) To the extent feasible, wastewater and water treatment facilities shall be
consolidated with existing facilities within the area.
(3) 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.
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(4) 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.
Special Use Permit Waiver: In accordance with Chapter II, Article 3, Section 3.310.I.2,
Waiver Provision, of the Eagle County Land Use Regulations, the Special Review Use
Permit application for water and sewer projects maybe waived in whole or in part by the
Board of County Commissioners upon a written petition by the applicant showing that:
3.310.I.2.a. A permit application pursuant to Chapter 6, Sections one through five of the
Eagle County Guidelines and Regulations for Matters of State Interest has
been submitted to the Eagle County Permit Authority relative to this land use
which would be the subject of a special use permit application.
3.310.I.2.b. Compliance with the Special Use Review Permit requirements would be
unreasonably burdensome for the applicant.
The applicant has requested a waiver of the Special Use Review Permit requirements as such
application 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, the Applicant's request for waiver of the Special Use Permit requirements in
accordance with Section 3-310.I.2 of the Eagle County Land Use regulations is hereby granted.
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 permit for Major Extension of Existing Water and Sewage treatment Systems
and for Efficient Utilization of a Municipal Water Project be and is hereby conditionally granted
subject to the following conditions of approval:
1. That except as otherwise modified by the Permit, all material representations of
the 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 Applicant agrees to annually certify the proper operation of the collection
system designed to intercept seepage from Robinson Lake by Dec. 31 each year
and present certification to the Eagle County Environmental Health Director.
3. No findings or approvals in File No. 1041-0072 shall preclude Eagle County from
bringing, joining or defending against any pending or future water court,
administrative, or judicial matter associated with the climax mine operations, nor
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shall any finding or approval have any evidentiary value or be deemed an
admittance, waiver, or estoppel of any facts or other issues in such matters.
THAT, the Board of County Commissioners hereby finds, determines and declares that
this Resolution is necessary for the health, safety and welfare of the citizens 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 this 29`h day of April, 2008, nunc
pro tunc to the 22nd day of April, 2008.
COUNTY OF EAGLE, STATE OF COLORADO, By and
Through Its BOARD OF COUNTY COMMISSIONERS
ATTEST: ~ ~~
By: - ~ ~
Teak J. Simonton o~~AaP Peter F. unyon, Chairman
Clerk to the Board of
County Commissioners
Sara J. Fisher, ommissioner
~;
A~rM. Menconi, Commissioner
Commissioner ~ seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner, Peter F. Runyon
Commissioner, Sara J. Fisher
Commissioner, Arn M. Menconi
This Resolution passed by _ ~~b vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
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