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Minutes 03/18/14 PUBLIC HEARING March 18, 2014 Present: Jill Ryan Chairman Sara Fisher Commissioner Kathy Chandler-Henry Commissioner Keith Montag County Manager Bryan Treu County Attorney Teak Simonton Clerk to the Board This being a scheduled Public Hearing,the following items were presented to the Board of County Commissioners for their consideration: 1. Resolution 2014-015 Promoting One Book One Valley 2014 Lori Ann Barnes, Director of the Vail Library Ms. Barnes spoke to the board about the countywide reading initiative. They want books that were interesting to men and women in the county. She had presented the initiative in Vail and Eagle and would be presenting to other groups later this month. BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO RESOLUTION No. 2014- RESOLUTION PROMOTING ONE BOOK ONE VALLEY 2014 WHEREAS, community-read programs have united and uplifted hundreds of cities and counties throughout the United States of America; and WHEREAS,the book"Finders Keepers: A Tale of Archaeological Plunder and Obsession"by Craig Childs,renowned naturalist and Colorado author, is a ghost story and an intense, impassioned investigation into the nature of the past and the things we leave behind; and WHEREAS,this Eagle Valley community-read will feature book talks and discussions, film showings, special related programs hosted by Walking Mountains Science Center and a special guest appearance by the author; and WHEREAS,the Town of Vail Public Library, in collaboration with the Eagle Valley Library District, Colorado Mountain College,the Bookworm of Edwards and Walking Mountains Science Center have resolved to bring this valley wide reading project to the citizens of Eagle County; and WHEREAS,the One Book One Valley initiative will encourage literacy and shared enjoyment of reading throughout Eagle County. NOW,THEREFORE,be it resolved by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT,the Eagle County Commissioners do hereby promote the One Book, One Valley initiative and officially announce and promote the novel"Finders Keepers: A Tale of Archaeological Plunder and Obsession"to all Eagle County residents for their enjoyment. 1 03/18/2014 MOVED,READ and ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 18`"day of March 2014. Commissioner Fisher moved to approve the resolution promoting One Book One Valley 2014 Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Consent Agenda Chairman Ryan stated the first item before the Board was the Consent Agenda as follows: 2. Approval of Bill Paying for the Week of March 17, 2014 (Subject to Review by the Finance Director) John Lewis,Finance 3. Approval of the Minutes of the Eagle County Commissioner Meeting for February 4,February 11 and February 18, 2014 Teak Simonton, Clerk and Recorder 4. Resolution 2014-016 Concerning Appointments to the Eagle County Regional Transportation Authority Tracy Stowell,ECO Transit 5. Options Award Contract between Eagle County and Gillig LLC for Two Transit Vehicles Kelley Collier, ECO Transit 6. Resolution 2014-017 Regarding Order of Cancellation of Certain Uncollectible Taxes Karen Sheaffer, Treasurer 7. 2014 Investment Policy Karen Sheaffer,Treasurer 8. Agreement for Services between Eagle County and Community Health Services for a Roaring Fork Valley Public Health Planner Jennifer Ludwig,Health&Human Services 9. Fourth Amendment to Agreement between Eagle County and Skyline Mechanical,Inc. for On-call HVAC Services Ron Siebert,Facilities Management 10. Agreement for Professional Services between Eagle County and Eagle Valley Events, Inc. for 2014 Promotion and Coordination of the Eagle County Fair and Rodeo and Marketing of the Fairgrounds Facility Tanya Dahlseid,Fair and Rodeo Chairman Ryan asked Karen Shaeffer for an explanation about the Order of Cancellation of Certain Uncollectible Taxes. Ms. Shaeffer stated that any delinquent personal property taxes that could not be collected must be written off. Once a mobile home had left the county there was no means of collecting taxes from it. When a real property went from private to exempt there was a valuation made and certain taxes were written off by law. Commissioner Fisher moved to approve the Consent Agenda for March 18,2014, excluding item 7 Commissioner Chandler Henry seconded the motion. The vote was declared unanimous. 2014 Investment Policy Karen Sheaffer,Treasurer 2 03/18/2014 Karen Sheaffer, Eagle County Treasurer presented her office's investment policy and it was used as a tool for the investment advisor. She believed in safety, liquidity and then yield. She spoke about the delegation of authority. The investment advisor had been the same since 1998. The Treasurer could not invest out more than 5 years and her office used a 2.5 year benchmark to maintain solid liquidity. She was not looking to change any policies,but would look at diversifying investment advisors and determine whether better yielding investments could be achieved. She believed in competition. Commissioner Fisher moved to approve the investment policies provided by Karen Sheaffer. Commissioner Chandler—Henry seconded the motion. The vote was declared unanimous. Citizen Input Chairman Ryan opened citizen input. Barbara Allen spoke to the board. She explained that she recently discovered 80%of the voters did not realize that marijuana could cause impaired driving. She presented a chart showing traffic on Highway 6 in 2011. There were 4 million vehicles per year on Highway 6 and on I-70 there were 14 million trips. There was the possibility of 6 recreational marijuana stores which could be very dangerous. She spoke about car fatalities associated with marijuana use. She believed that public safety should not be political. She understood that the county was not home rule. She asked that THC not be sold on Highway 6 and wondered how many signatures would be required to put this question on the ballot. Chairman Ryan closed citizen input. Commissioner Fisher moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Local Liquor Licensing Authority. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals 11. Joy's Bella Mia,Inc. d/b/a Bella Mia #05-43100-0000 Renewal of a Hotel and Restaurant License in El Jebel. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. 12. Eagle Springs Golf Club d/b/a Eagle Springs Golf Club #12-17983-0000 Renewal of a Hotel and Restaurant License with 3-Opt.Premises in Wolcott. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. 13. El Jebowl,Inc. d/b/a El Jebowl #12-06730-0000 Renewal of a Tavern License in El Jebel. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. 3 03/18/2014 14. Harvey Wang,Inc. d/b/a Gobi Restaurant #42-96278-0000 Renewal of a Hotel and Restaurant License in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. 15. Rink Productions,Inc. d/b/a Rink Productions #26-65945-0000 Renewal of an Optional Premise License in Beaver Creek. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. Other 16. Harvey Wang,Inc.d/b/a Gobi Restaurant #I5-37869-0000 Report of Changes—The applicant has reported that Hsiu F.Wang will own 100%of the business replacing Suzan Wang. However, Suzan Wang will remain the registered manager. Commissioner Chandler-Henry moved that the Board approve the Liquor Consent Agenda for March 18, 2014, as presented. Commissioner Fisher seconded the motion. The vote was declared unanimous. Other Liquor 17. Special Event Permit-Colorado Mountain College Foundation,Inc. APPLICANT: Colorado Mountain College Foundation, Inc. REQUEST: Special Events Permit EVENT: Women in Philanthropy Distinguished Lecture Series DATE OF EVENTS: April 8, 2014 and June 26,2014 from 4-8 PM. REPRESENTATIVE: Crystal Schiller,Event Coordinator LOCATION: Colorado Mountain College Edwards Campus 150 Miller Ranch Road-Edwards, CO 81632 STAFF REPRESENTATIVE: Kathy Scriver STAFF CONCERNS/ISSUES: None DESCRIPTION: The applicant has requested permit(s) for two upcoming events being held at the CMC campus in Edwards. Wine and appetizers will be offered during each private reception. The applicant hopes to attract 85 attendees to each event. STAFF FINDINGS: 1. The applicant has submitted all the required documents and associated fees. 2. Public notice was given by posting a sign in a conspicuous place on the premises on March 7, 2014, at least 10 days prior to the hearing. 3. No protests have been received in the Clerk's Office. 4. The applicant has provided an alcohol management plan,proof of server training and properly notified the Eagle County Sheriffs Department per the requirements of the Eagle County Local Licensing Authority. 4 03/18/2014 DISCUSSION: Crystal Schiller from Colorado Mountain College was present on behalf of the college. She explained that there would be a reception for the lectures. Tickets were available online at the CMC foundation website. The funds would go towards new teacher education programs. Ms. Scriver stated that staff had no concerns with the request for the special event permit. Commissioner Fisher moved that the Local Liquor Licensing Authority approve the permits for the Colorado Mountain College Foundation events being held at the CMC Edwards campus on Tuesday,April 8 and Thursday, June 26,2014 from 4-8 pm. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. *The hours approved in the motion are the hours requested on the application and are not necessarily the hours of the event. 18. Special Event Permit-Taste of Vail,Inc. APPLICANT: Taste of Vail,Inc. REQUEST: Special Event Permit EVENT: Annual Taste of Vail Mountaintop Picnic DATE: Friday,April 4, 2014 REPRESENTATIVE: Angela Mueller LOCATION: Vail Mountain—Section 18, T 5 South,R 80,West of the 6th principal meridian. 1600 feet west of the Eagle's Nest gondola STAFF REPRESENTATIVE: Kathy Scriver CONCERNS/ISSUES: None DESCRIPTION: The applicant has requested a permit for the annual Taste of Vail,Mountaintop Picnic being held on Vail Mountain,April 4,2014 from 8:00 am to 5:00 pm—Actual event hours are 12:30-3:30 pm. The event will feature wine sampling from participating wineries and food prepared and served by a number of Vail Valley restaurants. A man-made snow wall will create the boundary. This is a ticketed event and a professional security firm(Lone Star Security)will patrol the boundary. STAFF FINDINGS: 1. This application is in order,all application requirements have been met, all necessary documents have been received, and all fees have been paid. 2. Staff has had no problems in the past with events held by the applicant. 3. Public notice has been given by the posting of a sign in a conspicuous place on the premises March 7, 2014, at least 10 days prior to the hearing. 4. There have been no protests filed with the Clerk and Recorder's Office. 5. The applicant has provided an alcohol management plan. 6. Eagle County Sheriff's Office has been notified. 7. Proof of Server Training is pending. DISCUSSION: 5 03/18/2014 Angela Mueller stated that the event was from 12—2:30 just west of the Lionshead Gondola. Commissioner Fisher moved that the Local Liquor Licensing Authority approve the permit for the Taste of Vail event being held on Vail Mountain,April 4,2014, *8:00 a.m.to 5:00 p.m. Commissioner Chandler Henry seconded the motion. The vote was declared. *The hours approved in the motion are the hours requested on the application and are not necessarily the hours of the event. Commissioner Chandler Henry moved to adjourn as the Eagle County Liquor Licensing Authority and re- convene as the Board of County Commissioners. Commissioner Fisher seconded the motion. The vote was declared unanimous. Work Session (recorded) 19. Fair and Rodeo Rachel Oys,Fair&Rodeo Planning Files 20. Edwards Wastewater Treatment Facility Expansion Bob Narracci, Planning Ray Merry,Environmental Health Ben Gerdes, Engineering Linn Brooks: Eagle River Water Sanitation District,Applicant Jeffrey Schneider: Eagle River Water Sanitation District, Project Engineer Siri Roman: Eagle River Water Sanitation District,Wastewater Division Manager Bob Weaver: Leonard Rice Engineers, Engineer Action: The purpose of this 1041 Permit is for improvements to the Edwards Wastewater Treatment Facility to accommodate the regional consolidation,handling and treatment of all solids from the Vail,Avon and Edwards Wastewater Treatment Facilities. The existing Edwards Wastewater Treatment Facility does not presently have the capacity to receive and treat future solids from the Vail and Avon Wastewater Treatment Facilities. Improvements to the solids handling system will be required; including expansion/improvements to the headworks,primary clarification,thickening, waste activated sludge storage, autothermophilic aerobic digestion, dewatering, and odor control systems. The existing Edwards Wastewater Treatment Facility `campus' has a total building footprint of approximately 54,000 square feet and is located on a 4.5 acre parcel. The proposed project will add approximately 11,680 square feet for a total of 65,680 square feet. Location: 3101 Lake Creek Village Drive, West Edwards FILE NO.: 1041-4648 TITLE: Edwards Wastewater Treatment Facility Expansion LOCATION: West Edwards/3101 Lake Creek Village Drive APPLICANT: Eagle River Water and Sanitation District REPRESENTATIVE: Jeffrey Schneider,P.E./ERWSD STAFF CONTACT: Ray Merry,Director of Environmental Health Bob Narracci,Planning Director REQUEST: 1041 Permit to allow expansion of the Edwards Wastewater Treatment Facility 6 03/18/2014 1. EXECUTIVE SUMMARY Quoting directly from the Executive Summary, set forth in the application: "The Eagle River Water and Sanitation District(ERWSD) is responsible for treating wastewater within its service boundaries which include Minturn and communities between East Vail and Cordillera. The ERWSD's three wastewater treatment facilities (Vail, Avon, and Edwards)are required to comply with discharge permits that regulate effluent quality. The Colorado Discharge Permit System permits are issued and enforced by the Water Quality Control Division of the Colorado Department of Public Health & Environment. The Water Quality Control Commission recently adopted nutrient regulations that will require the ERWSD to alter the treatment processes and operations of their facilities to reduce the levels of phosphorus and nitrogen (nutrients) in effluent discharged to Gore Creek and the Eagle River. The nutrient regulations are intended to benefit the water quality and biological health of the receiving waters and will require the ERWSD to make significant wastewater treatment facility capital improvement investments. Improvement to source water quality will also benefit downstream drinking water facilities. In anticipation of the nutrient regulations, the ERWSD completed a Wastewater Master Plan Update in June of 2012 which established a preferred capital improvement plan and schedule to meet the new regulations and accommodate future growth through 2025. It is possible that all three plants would have to comply with the new regulations as early as 2020, which would require significant capital improvements' at each facility. Eight alternatives that include operational changes and capital improvements were evaluated based on a number of criteria including, cost, water rights issues, land availability, maintenance, staffing, sustainability,permitting, wastewater treatment facility layout, and scheduling. The preferred alternative accomplishes the aforementioned goals and prioritizes the sequence of capital improvements. The first phase of the plan is to consolidate the treatment of the wastewater solids from all three plants at the Edwards wastewater treatment facility. Currently, solids are conveyed from the Vail facility to the Avon facility and are treated there, or conveyed to the Edwards facility, depending on the most efficient operational need. Advantages of consolidating the treatment of all solids at the Edwards wastewater treatment facility include increased operational efficiencies, an opportunity to install state-of-the-art odor control systems at the Edwards facility, reduced truck transport of biosolids through the communities, and the opportunity to make wastewater treatment facility liquid stream improvements at the Avon facility within its existing building footprint since space will be created by decommissioning the solids treatment. This 1041 Permit(and Location and Extent) is to allow the Edwards facility to increase its capacity to treat solids from the Vail and Avon facilities, and make improvements to the facility's processes and systems including the headworks,primary clarification, solids thickening, waste activated sludge storage, autothermal thermophilic aerobic digestion, solids dewatering, and odor control; and to authorize the associated civil, electrical, and control work. The Project will also include the installation of one of the most advanced odor control systems in the industry. This is the result of recommendations made in the Odor Control Master Plan which was developed during design. The Odor Control Master Plan includes a detailed assessment of current system conditions based on foul air sampling and analysis, and recommendations for improvements. Existing combined systems are also being decoupled and isolated for more reliable treatment. A tertiary, or 'polishing', step is being added to the existing odor systems to provide both polishing and system redundancy in the event of a plant process upset. It is the goal of the District to minimize odor excursions at the Edwards facility. The consolidation of solids treatment at the Edwards facility will not change the quality of water being discharged from the Edwards facility to the Eagle River. Consolidating solids treatment at Edwards allows for the decommissioning of solids treatment at the Avon facility which allows for expansion and improvements to liquid stream processes in Avon. Liquid stream process improvements in Avon will have a greater impact to improving stream health. The solids treatment process requires plant effluent water to be 7 03/18/2014 utilized for sludge cooling, and modeling results indicate a negligible amount of temperature rise in the plant effluent. This slightly increased effluent temperature is expected to have a negligible effect on the Eagle River. The Project will be funded by a$28 million bond issuance, resulting in a debt service rate increase of $6.11 per month per Single Family Equivalent(SFE). This increased rate will be applied to all ratepayers within the ERWSD service area,from East Vail to Cordillera including Minturn effective in 2015. No increase in operational expenditures is expected since system automation and reallocation of resources enables existing manpower to be utilized more efficiently. The proposed Project greatly benefits residents of Eagle County within the District by allowing for the most efficient and lowest cost treatment of District-wide wastewater solids. The fiscal impacts of the Project will be spread throughout the entire District via a slight rate increase. The Project enables the construction and operation of a state-of-the-art odor control system to eliminate odor excursions and has a negligible effect on water quality. The proposed Project is the first in the implementation of a long-term capital plan to meet increasingly stringent regulatory requirements and increases in capacity". 2. BACKGROUND & CHRONOLOGY 1985: Per the Eagle County Assessor's Records, 1985 is the effective year when the subject property was first utilized for a wastewater treatment facility. July 1996: The Eagle River Water and Sanitation District was formed with the consolidation of the Upper Eagle Valley Consolidated Sanitation District,and the Vail Valley Consolidated Water District. The ERWSD's service area encompasses approximately 54,000 acres in Eagle County. October 1997: Eagle County Commissioners(the Permit Authority) approved a 1041 Permit(File No. 1041- 0008)to expand the Squaw Creek Wastewater Treatment Plant. The Squaw Creek Wastewater Treatment Plant is now known as the Edwards Wastewater Treatment Facility. November 2013: Initial application for this 1041 Permit and the companion Location and Extent were received by Eagle County. January 2014: Formal application for public referral process received by Eagle County. February 5, 2014: The Eagle County Planning Commission unanimously approved the companion Location and Extent Application(File No. LEA-4654) 3. REFERRAL RESPONSES This 1041 Permit application was referred to the following departments and agencies with request for comment: • Eagle County Engineering Department • Eagle County Attorney's Office • Eagle County Planning Commission • Colorado State Department of Environmental Health(Air Quality and Water Quality Divisions) • Colorado Parks and Wildlife • Colorado Geological Survey • Colorado Division of Water Resources • Colorado River District • Water Conservation Board 8 03/18/2014 • State Historical Society • United States Forest Service • Army Corps of Engineers • Natural Resource Conservation Service • Eagle Park Reservoir Company • Eagle River Water and Sanitation District • Eagle River Watershed Council • Northwest Colorado Council of Governments As of this writing,the following responses have been received: Eagle County Engineering Department: In the attached memorandum, dated January 28, 2014,the Engineering Department has requested a summary of the number of vehicle trips that the proposed expansion will generate and how these additional trips will impact the intersections of Hillcrest Drive/Lake Creek Village Blvd and Hillcrest Drive/U.S. Highway 6. Also,that detail is provided on how the fill area east of the treatment facility will be re- vegetated or if it will be surfaced and used for parking. Eagle River Fire Protection District: In the attached email from Gail McFarland, dated January 21, 2014,the District is requesting information regarding the ERWSD's intentions to apply to the Eagle River FPD for either a fire alarm permit, or a fire sprinkler permit(as applicable by code). The FPD needs to verify whether or not the existing structures are sprinkled, and the water flow,number of fire hydrants available for use during fire incidents, and that access to the buildings will be provided from all sides. Also,the FPD is requesting an updated inventory of all chemicals and amounts that are stored at the wastewater treatment plant facility. Colorado Division of Water Resources: In the attached email dated February 3, 2014,the State offered no comment at this time. Colorado Geological Survey: In the attached letter dated February 7, 2014,the State indicated concurrence with the recommendations set forth in the HP Geotech Engineering Study provided by the applicant. The referral response concludes,"The site presents no geotechnical constraints or geologic hazards that would preclude approval of the proposed improvements. CGS therefore has no objection to approval of the 1041 permit and location and extent requests". State Historic Preservation Officer: In the attached letter dated January 23, 2014,the State determined that no historic values exist on the subject property and that additional cultural resources inventorying is unnecessary. Town of Avon: In the attached letter dated January 28, 2014,the Town acknowledges that decommissioning the outdated solids treatment facility in Avon will allow make room for improvements to the ERWSD's liquid stream treatment processes; which will have a measurable affect to water quality in the Eagle River in Avon and the remainder of the watershed. This will benefit Avon and the rest of Eagle County in improving the aquatic health of the Eagle River, which is an important fishery and an attraction for both visitors and residents of Eagle County. The Town supports the proposal and encourages the Board of County Commissioners to review the application favorably. Northwest Colorado Council of Governments: In the attached memorandum dated February 3, 2014,NWCCOG evaluated the 1041 Permit proposal against policies one through six of the Regional Water Quality Management Plan(208 Plan)and has found the proposal to be in compliance with each applicable 208 Plan policy. Brett Ranch Home Owner's Association: In the attached email dated January 27,2014,the Brett Ranch HOA indicated no issues with the expansion of the Treatment Facility. Eagle County Planning Commission: On February 5,2014,the Eagle County Planning Commission(ECPC) heard the Location and Extent application,which is companion to this 1041 Permit application. The ECPC unanimously approved the Location and Extent application with conditions. The ECPC also requested that their 9 03/18/2014 comments relative to the Location and Extent likewise be included as their formal response to this 1041 Permit application. In the context of the 1041 Permit Criteria,the ECPC found as follows: a) That the proposed Project to be consistent with all relevant provisions of the applicable land use and water quality plans. The proposed improvements are consistent with the relevant provisions of the Eagle County Comprehensive Plan, the Edwards Area Community Plan, the Eagle River Watershed Plan, and the Regional Water Quality Management Plan (the 208 Plan). b) That the Project will not have a significant adverse effect on land use patterns. The ECPC determined that the existing(and proposed) use of the subject property is appropriate and will not have a significant adverse effect on land use patterns; in that the subject property has been utilized for a wastewater. treatment facility since 1985 and that the community of Edwards grew-up'around the facility. c) That the Project will not significantly degrade any current or foreseeable future sector of the local economy. The ECPC determined that the proposed Project will not significantly degrade any current or foreseeable future sector of the local economy, and that the proposal will assist in maintaining the health of the Eagle River, which is an economic driver in the Eagle Valley. d) That the Project will not have a significant adverse effect on the quality or quantity of recreational opportunities and experience. The ECPC determined that the Project will aid in protection of the Eagle River, and will not adversely impact the quality or quantity of recreational opportunities and experience. Also, the ECPC noted that improvement and protection of the adjacent wetland parcel will be beneficial for wildlife and offer an opportunity for residents and visitors to view wildlife. e) That the planning, design and operation of the Project shall reflect principals of resource conservation, energy efficiency and recycling or reuse. The ECPC determined that the Project is consistent with this criterion. f) That the Project will not significantly degrade existing visual quality. The ECPC determined that the Project will not significantly degrade existing visual quality, with the condition (placed upon the companion Location and Extent application) that a landscape plan be developed, reviewed and approved by county staff. Specifically, the ECPC has requested that the ERWSD install substantive landscaping that will mature in 10 to 15 years and establish a nice visual buffer between the subject property and Interstate- 70, along the south side of the site, and on the east side to aid in screening the facility from Lake Creek Village. g) That the Project will not cause a nuisance. The ECPC determined that with the state-of-the-art, redundant odor control systems proposed as part of the facility expansion will help to noticeably mitigate foul odor excursions from the subject property as are presently experienced from time to time. h) That 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. The ECPC determined that no natural, agricultural, recreational, grazing, commercial or industrial resources within the county will be lost as a result of the proposed Project. Improved protection of the Eagle River will aid an important recreational resource. The ECPC also noted that removal of the existing modular building and reclaiming the land where the existing modular building is presently situated is another positive outcome of the Project. i) That the Project shall emphasize the most efficient use of water, including the recycling,reuse and conservation of water. The ECPC determined that the Project is consistent with this criterion. j) That the Project shall be necessary to meet community development and population demands in the areas to be served by the Project. The ECPC concurs with the population demands set forth by the ERWSD. k) That 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. The ECPC concurs with the population demands set forth by the ERWSD, and that the ERWSD is pursuing this Project in an effort to comply with new regulatory requirements. 10 03/18/2014 1) That 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. The ECPC determined that the Project is necessary to address existing growth and future development within the financial and environmental capacity of the area to sustain such growth and development. 4. FINDINGS AND RECOMMENDATIONS A. 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,the following analysis is provided. The Approval Criteria is numbered and indicated in bold font. A summary response is provided with the recommendation indicated in the findings box. A Permit to conduct a designated activity of state interest or to engage in development in a designated area of state interest shall be approved if the Project complies with the following general criteria and any additional applicable criteria in Sections 6.04.02 or 6.04.03. If the Project does not comply with any one or more of these criteria,the Permit shall be denied or approved with conditions. In determining whether the Project complies with these criteria, or if conditions should be imposed,the Permit Authority may utilize the considerations in Appendix `A'. (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. Per the application: Prior to site disturbance for the Project,the ERWSD will obtain all necessary permits for construction of the proposed Project. Following are the permits required: Federal Permits and Approvals: None required. State Permits and Approvals: • Colorado Department of Public Health and Environment(CDPHE)re-rating approval for increase in organic loading to the wastewater treatment facility—this is part of the Site Application to the State. • CDPHE Site Application review approval for the wastewater treatment facility—the Regulation 22 Site Application for increasing or decreasing the design capacity of an existing wastewater treatment facility has been submitted to CDPHE. Approval is imminent due to close coordination between the ERWSD and the CDPHE. • CDPHE approval of the Process Design Report for the wastewater treatment facility. • CDPHE Streamlined Self-certification Approval for the wastewater treatment facility. • CDPHE review of the final plans and approval for construction of the wastewater treatment facility. Eagle County Permits and Approvals: • Approval of this 1041 Permit application. • Approval of the companion Location and Extent application—the Eagle County Planning Commission approved unanimously on February 5, 2014. • Building Permits and Peripheral Permits for Electrical,Plumbing, and Mechanical. • Grading Permit Staff concurs that the above itemized permits and approvals is all encompassing. (2) The Project will not impair property rights held by others. 11 03/18/2014 Per the application: The Project will not impair property rights held by others. The Project facilities will be constructed on land owned by the ERWSD and all necessary permit approvals are in process and will be finalized prior to construction. The Project will be constructed as an addition to the existing wastewater treatment facility; no new wastewater treatment facilities are proposed as part of this Project. Staff concurs that 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. Per the application: The Project is consistent with the relevant provisions of the Eagle County Comprehensive Plan, the Edwards Area Community Plan,the Eagle River Watershed Plan, and the Regional Water Quality Management Plan(the 208 Plan). The proposed wastewater treatment facility improvements are consistent with the water quality; land use and disturbance, and domestic wastewater treatment facilities goals that are outlined in the 208 Plan. The proposed improvements are also consistent with the current and historic, since 1985, land use of the subject property. Staff concurs that the Project is consistent with the relevant provisions of the 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 requirements and conditions. Per the application: The applicant has the necessary expertise and financial capabilities to develop and operate the Project in a manner consistent with all requirements and conditions. The ERWSD has retained a team of planning, design, and technical experts to ensure that the Project will be developed and operated in a manner consistent with all applicable requirements and conditions. HDR, Inc. is designing the wastewater treatment system improvements to meet all state and federal water quality standards and ERWSD wastewater treatment facility discharge permit requirements. The ERWSD is the primary water and wastewater treatment service provider for the region, operating an extensive system of water treatment facilities,wastewater treatment facilities,transmission lines,water storage tanks, and related appurtenances. The Project improvements and operating expenses will be funded with$28,000,000 in revenue bonds. Repayment of the bonds will begin in 2015 with a new monthly debt service base rate of$6.11 per single family equivalent(SFE). One SFE equates to one residential dwelling unit up to 3,000 square feet. SFE's for commercial properties are generally determined by service line size;the more intense the commercial water use,the larger the tap size needs to be, and therefore,the higher the SFE rate will be. The rate increase will be applied to all customers within the entire ERWSD service area, and residential customers with larger dwelling units and commercial customers with higher water demand pay proportionately higher base rates. Wastewater treatment service rates are adequate to cover the operations and debt service for the Project. Staff concurs that the ERWSD has the necessary expertise and financial capability to develop and operate the Project consistent with all requirements and conditions. (5) The Project is technically and financially feasible. Per the application: The design and financial plans for the Edwards wastewater treatment facility are technically and financially sufficient to ensure successful Project completion. The Project will be funded by revenue bonds. Repayment of these bonds begins in 2015 with a new monthly debt service base rate of$6.11 per single family equivalent,and continued operation will be funded by wastewater service user fees. The ERWSD has retained an experienced design and consulting team for the design and permitting of the Project. The ERWSD also retained a separate consulting firm for a specific review session focused on constructability and feasibility. There are no known historical, cultural, or environmental factors which would impede implementation of the Project. Staff concurs that the Project is technically and financially feasible. (6) The Project is not subject to significant risk from natural hazards. 12 03/18/2014 Per the application: The proposed Project is not subject to significant risk from natural hazards. A deep foundation system will be constructed for the Project to mitigate the risk associated with development of sinkholes. The Project is not subject to significant risks from faults, fissures,unstable or unsuitable soils, landslides, avalanches, or seismically hazardous areas. The Project is an expansion of the existing facility on a previously disturbed and developed site. A deep foundation system is proposed for the Project which minimizes any risk of settlement due to the presence of evaporite soils. In the attached letter from the Colorado Geological Survey dated February 7, 2014,the State indicated concurrence with the recommendations set forth in the HP Geotech Engineering Study provided by the applicant. The referral response concludes, "The site presents no geotechnical constraints or geologic hazards that would preclude approval of the proposed improvements. CGS therefore has no objection to approval of the 1041 permit and location and extent requests". Staff concurs that the Project is not subject to significant risk from natural hazards. The Colorado Geological Survey has indicated the same. (7) The Project will not have a significant adverse effect on land use patterns. Per the application: The Project will not have a significant adverse effect on land use patterns. The Project does conform to all relevant provisions of the County's Comprehensive Plan documents,and the Regional Water Quality Plan(the 208 Plan). The District's service boundaries will not be changed and no new wastewater sources will be added to the ERWSD service area as part of the Project. The subject property has been utilized since 1985 for a wastewater treatment facility. The slight increase in impervious surface area associated with the Project will not cause any significant increase in stormwater runoff and therefore potential water quality impacts are negligible. Stormwater from the building roofs and paved areas will be conveyed across the site by sheet flow toward landscaped and grass areas and will not concentrate the flow to a single point source. The proposed improvements will amount to less than one acre of disturbance. Best Management Practices for stormwater management will be continued on the site. Staff concurs that the Project will not have a significant adverse effect on land use patterns. The Eagle County Planning Commission likewise agrees that land use patterns in the vicinity of the subject property have been long established, and that the Project will not adversely affect 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. Per the application: The Project will not have a significant adverse effect on the capability of:local governments affected by the Project to provide services. A revenue bond issued on December 1,2012, and revenues generated from property tax via mill levy and user rates will be sufficient to fund operating and capital costs incurred by the Project. There are no current or projected costs for roads, schools,infrastructure,transportation,housing, or other services associated with this Project, and are not applicable to this Project. Staff concurs that 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. Per the application: The Project will not create an undue financial burden on the existing or future residents of Eagle County. The Project will be funded through wastewater user fees established pursuant to a long-range financial plan that poses normal rates for rate-payers and will not create an undue financial burden on local residents. Repayment of the bonds begins in 2015 with a new monthly debt service base rate of$6.11 per single family equivalent(SFE), and continued operation will be funded by wastewater user fees. By providing the regional consolidation of solids treatment, existing 13 03/18/2014 and future residents will benefit by a reduction of long-term treatment costs and associated environmental benefits. Staff concurs that 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. Per the application: The Project will have no adverse impacts on any current or foreseeable future sector of the local economy. Construction of the wastewater treatment facility building expansion will provide a temporary local economic benefit by providing construction related jobs. Once the expansion is complete and operational,no additional ERWSD employees,beyond its current staffing levels, are required to operate the wastewater treatment facility. Staff concurs that 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. Per the application: The Project will not have a significant adverse effect on the quality or quantity of recreational opportunities and experience. This section of the Eagle River has maintained popularity among anglers for consistently excellent year-round fishing. The quality and quantity of fisheries are protected by State and Federal water quality regulations. Staff concurs that 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. Per the application: The Project has been planned, designed, and will be operated to reflect principles of resource conservation, energy efficiency and recycling or reuse. The ERWSD's Water Conservation Plan has been recently updated and will apply to the Edwards wastewater treatment facility. Staff concurs that 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. Per the application: The Project will not significantly degrade air quality. It is expected that air quality will improve substantially through improvements to the Edwards wastewater treatment facility odor control system. During Project design, a comprehensive study of existing odor control systems which included air sampling and atmospheric modeling was conducted. The study was used to develop the Edwards wastewater treatment facility Odor Control Master Plan which provides several recommendations for odor control. The Project includes installation of a tertiary, or "polishing",photoionization process that effectively scrubs nuisance odor compounds from the autothermal thermophilic aerobic digestion process airstream before release to the environment. Additionally,two"biofilters"(tanks that use a biological process for reducing odors)will be installed to further treat air from the headworks and solids handling/truck bay areas, and two small photoionization units are proposed for the autothermal thermophilic aerobic digestion sludge thickening tanks. Post-Project atmospheric odor levels have been modeled and the results show that odor levels at the Edwards wastewater treatment facility property boundary will be significantly improved. 14 03/18/2014 There is the potential for temporary air quality disturbances due to dust from construction; which will be mitigated through implementation of dust control Best Management Practices. All construction impacts are temporary and will not significantly degrade air quality. Completion of the Project will improve ambient air quality associated with odors. Staff concurs that the Project will not significantly degrade air quality, and in fact, will improve upon existing air quality conditions. (14) The Project will not significantly degrade existing visual quality. Per the application: The Project will not significantly degrade existing visual quality. The proposed expansion will maintain consistency with the existing architecture,building heights, and colors. The Edwards wastewater treatment facility is located on the south side of Interstate-70, and construction activity will be seen for a short time by passers-by on the highway, and will not significantly impair views of the Eagle River or surrounding areas. Aesthetic improvements are planned to occur as part of the expansion including painting, landscaping, and replacement of outdoor lighting. Landscaping and re-vegetation of the development area will mitigate visual quality impacts associated with the Project. The Project is not located in a designated scenic vista or unique landscape and will not affect any unique land formation. Staff concurs that the Project will not significantly degrade visual quality. Given proposed site improvements, landscaping, and removal of the existing modular structure presently situated adjacent to the wetland portion of the ERWSD property will improve visual quality. (15) The Project will not significantly degrade surface water quality. Per the application: The State of Colorado Water Quality Control Commission has classified the uses for Eagle River Segment 9a(includes the main stem of the Eagle River from the confluence with Gore Creek to a point immediately above the confluence with Rube Creek) as Class 1 Cold Water Aquatic Life,Class 1 Recreation,Domestic Water Supply and Agriculture. Water quality standards have been adopted by the Water Quality Control Commission to protect these classified uses. The Edwards wastewater treatment facility discharges into Eagle River Segment 9a and operates under a Colorado Discharge Permit System permit that was renewed,and became effective, in December of 2010. The Colorado Discharge Permit System permit requires dischargers to comply with assigned water quality-based effluent limitations to ensure that Colorado water quality standards are met to protect classified uses. The Project has been designed to operate within the existing effluent discharge limits assigned in the current Colorado Discharge Permit System permit for the Edwards facility. The Project will not change the existing effluent quality in any manner that would cause a breach of compliance with current(or future expected)permit limits. Compliance with permit limits ensures that the wastewater treatment facility will not exceed the surface water quality standards. Therefore,the Project will not degrade surface water quality. Renewal of the Edwards wastewater treatment facility Colorado Discharge Permit System permit in 2016 will include an evaluation to determine whether effluent temperature limits should be included in the discharge permit. Based on an evaluation of current conditions,the extreme dilution ratio of 10:1 has been satisfied and temperature limits should not be included into the Edwards facility Colorado Discharge Permit System permit. The Project is also in compliance with the Regional Water Quality Management Plan(the 208 Plan). Staff concurs that the Project will not significantly degrade surface water quality. (16) The Project will not significantly degrade groundwater quality. Per the application: The Project will not significantly degrade groundwater quality. The groundwater table on the property will be temporarily lowered through construction activities during which compliance with all applicable permit conditions for construction dewatering and surface 15 03/18/2014 water discharge will be maintained. Once dewatering is completed,the groundwater table will return to normal. The proposed Project does not involve the development of new water supply facilities or water rights,therefore groundwater quality will not be affected by the Project. Staff concurs that the Project will not significantly degrade groundwater quality. (17) The Project will not significantly degrade wetlands,and riparian areas. Per the application: The Project will not significantly degrade wetlands and/or riparian areas. A wetland area is located along the eastern boundary of the Edwards wastewater treatment facility site. • The Project will have no additional impact to the wetland beyond that which occurred when the site was filled with material prior to construction of the Edwards facility. The Project will include tree planting and riparian restoration work in the area between the construction site and the wetland to the east. This will help provide shading and improve riparian buffer water quality functions. Additionally, a strict program of stormwater management during construction will eliminate the possibility of temporary impacts. Staff concurs that the Project will not significantly degrade wetlands, and riparian areas. In fact, improvements proposed as part of the Project will be beneficial and improve adjacent wetlands and riparian areas. (18) The Project will not significantly degrade terrestrial or aquatic animal life or its habitats. Per the application: The Project will not result in a change to the Edwards wastewater treatment facility's current Colorado Discharge Permit System permit effluent limits nor will it significantly degrade terrestrial or aquatic animal life or its habitats. Best Management Practices will be implemented throughout the construction and development of the Project to ensure that terrestrial and aquatic plant life and habitat are not impacted by the Project. In 2009, a restoration project was completed in the reach of the Eagle River from just below the Edwards wastewater treatment facility, at the Hillcrest Drive Bridge,to a point approximately 1.6 miles upstream. The Eagle River Watershed Council managed the$4 M restoration project which was funded mainly from Natural resource Damage Fund monies. The ERWSD partnered with the Eagle River Watershed Council on this project and contributed funding and project management support to improve the wastewater treatment facility mixing zone located at the lower end of the restoration reach just below the Edwards facility. The project involved a program of bank stabilization, stream channel improvements,vegetation establishment, and improved land use management to improve habitat function in the Eagle River reach and its floodplain. Following is a summary of the improvement goals: • Increase velocity to positively affect temperature and dissolved oxygen concentrations; • Reduce fine sediment accumulations thereby reducing the risk of whirling disease exposure; • Improve channel function and aquatic habitat conditions; • Provide managed recreational and education opportunities for the river corridor; • Expand angling opportunities for senior, small children and handicapped persons via ADA river access trails; • Make progress toward increasing the number of fisherman days in this stretch of the river. Eagle River stakeholders, including Eagle County,the ERWSD, and others, have consistently monitored aquatic macro invertebrate health conditions in the Eagle River since the 1990's. Monitoring results show that the Eagle River Segment 9a is in attainment of all applicable aquatic 16 03/18/2014 life use criteria. The Project is the first phase of the ERWSD's long-term Master Plan to address nutrient regulations affecting wastewater treatment facility effluent; the completion of which is expected to lead to improved water quality and biological health in the Eagle River. Staff concurs that the Project will not significantly degrade terrestrial or aquatic animal life or its habitats, and that the proposed improvements will lead to improved water quality and biological health in the Eagle River. (19) The Project will not significantly deteriorate terrestrial plant life or plant habitat. Per the application: The Project will not significantly deteriorate terrestrial plant life or plant habitat. The Project site and land in the Project area have previously experienced site disturbance and clearing as a result of land use activities. The ground cover and vegetation is sparse and includes sagebrush shrubland, grasses, lawns and ornamental landscaping. Best Management Practices will be implemented throughout the construction and development of the Project to ensure that terrestrial plant life and habitat that does exist is not significantly degraded by the Project. Trees and other vegetation will be planted along the east perimeter of the Edwards facility site adjacent to the wetlands to provide shading for the wetland area. Staff concurs that the Project will not significantly deteriorate terrestrial plant life or plant habitat. (20) The Project will not significantly deteriorate soils and geologic conditions. Per the application: The Project will not significantly deteriorate soils and geologic conditions. No severe geological conditions or associated natural hazards that would render the development infeasible were identified on the Project site. To mitigate the risk of soluble soils, settlement, and possible sinkholes, a driven pile deep foundation system is planned for the Project. Staff concurs that the Project will not significantly deteriorate soils and geologic conditions. (21) The Project will not cause a nuisance. Per the application: The Project will not cause a nuisance. One of the most advanced odor control systems in the industry is being proposed for the Project to greatly reduce the potential for odor excursions and improve existing air quality conditions associated with the Edwards facility. During construction of the wastewater systems improvements and building expansion,there may be temporary nuisance factors typical of construction activities including noise, exhaust, and traffic associated with the movement of equipment. Best Management Practices, such as dust control and scheduling of construction activities to minimize disturbances to the resident population,will be implemented to mitigate these potential nuisance factors. Disturbed areas will be restored to expected native conditions. As part of the site and facility improvements, all exterior light fixtures will be retrofitted with new and updated fittings. All light fixtures will be dark sky compliant to minimize light trespass. Staff concurs that the Project will not cause a nuisance, and that improvement of the odor control systems at the Edwards wastewater treatment facility represent a welcome improvement for property owners and residents located in proximity to the subject property. (22) The Project will not significantly degrade areas of paleontological,historic,or archaeological importance. Per the application: The Project will not significantly degrade areas of paleontological,historic, or archaeological importance. 17 03/18/2014 Staff concurs that the Project will not significantly degrade areas of paleontological, historic, or archaeological importance. The State Historic Preservation Officer, in their referral response, confirms that no paleontological, historic or archaeological values are present on the subject property. (23) The Project will not result in unreasonable risk of releases of hazardous materials. Per the application: The Project will not result in unreasonable risk of releases of hazardous materials. During construction of the Project, a variety of heavy equipment vehicles will access the site. These vehicles will have standard capacities for fuel,motor oil,and hydraulic fluids. Vehicle refueling will likely occur on-site. Vehicles will be properly maintained to avoid accidental release of, or exposure to,chemicals from construction equipment. Staff concurs that the Project will not result in unreasonable risk of releases of hazardous materials. It must be noted that storage of fuel on the site during construction shall be provided proper secondary containment in accordance with a Spill Prevention Control and Countermeasures Plan as conditioned. (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. Per the application: The benefits accruing to Eagle County and its citizens from the Project outweigh the losses of any natural,agricultural,recreational, grazing, commercial or industrial resources within the County. The Project will not result in any natural, agricultural, commercial or industrial losses of any type. Recreational use of the river for rafting and fishing will not be impeded or diminished as a result of the Project. The Project is the first phase of a long-term plan that includes eventual upstream wastewater treatment facility liquid processing improvements. Eagle River water quality is expected to improve as the ERWSD Wastewater Treatment Facility Master Plan is implemented. The Project will not result in the loss of opportunities to develop natural or recreational resources. Staff concurs that 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. B. 6.04.03 Additional Criteria Applicable to Major New Domestic Water and Wastewater Treatment Systems and Major Extensions of Existing Domestic Water and Wastewater Treatment Systems. In addition to the general criteria set forth in section 6.04.01,the following additional criteria apply to any development of major new domestic water and wastewater treatment systems or major extensions of existing domestic water and wastewater treatment systems: (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. Per the application: The Project is necessary to meet projected community development and population demands in the ERWSD service area and will comply with regulatory and technological requirements. Conservative growth projections were utilized in sizing new equipment and processes, and the Project will support both the anticipated growth and the regional consolidation of solids handling through the year 2025. Similar growth projections were utilized for the 2012 Wastewater Master Plan update to ensure consistency throughout the system. Growth projections utilized for the Project are believed to be reasonable and accurate. The system has been designated to provide service consistent with reasonable growth projections and local land use plans. Staff concurs that 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. 18 03/18/2014 (2) To the extent feasible,wastewater and water treatment facilities shall be consolidated with existing facilities within the area. Per the application: The Project consolidates solids handling of the existing wastewater treatment facilities. The Project is located on the ERWSD's Edwards wastewater treatment facility property and utilizes existing infrastructure,materials, and equipment. The 2010 Project,which upgraded the Edwards facility process from first generation to second generation autothermal thermophilic aerobic digestion, was designed and constructed to accommodate future expansion. A large portion of the Project includes improvements to existing facilities. No proliferation of wastewater or water treatment facilities is contemplated by this Project. Staff concurs that to the extent feasible, the wastewater treatment facilities will 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. Per the application: There are no new domestic water and/or sewage treatment systems associated with the Project. Staff concurs that no new domestic water and sewage treatment systems are proposed as part of this Project. (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. Per the application: The proposed Project does not involve a major extension of the existing regional wastewater treatment system that would result in new growth and development. The Project involves upgrades to the existing system processes and improvements to consolidate regional handling and treatments from the Vail,Avon and Edwards wastewater treatment facilities. Staff concurs. C. Special Use Permit Waiver: In accordance with Chapter II,Article 3, Section 3.310.1.2, Waiver Provision, of the Eagle County Land Use Regulations,the Special Review Use Permit application for water and sewer projects may be waived in whole or in part by the Board of County Commissioners upon a written petition by the applicant showing that: 3.310.2.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. 3.310.2.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 be redundant with this 1041 Permit process and would serve no further legitimate planning, zoning or other land use objective. DISCUSSION: Jeff Schneider'and Siri Roman from the Eagle River Water and Sanitation District spoke. They presented a PowerPoint slide show. Ms.Roman highlighted that all of their basins were covered. In this resort community the treatment quantity increased during peak periods. There were three facilities to maintain which provided great 19 03/18/2014 benefits to the stream. Raw sewage came into the plant. Solids and liquids were treated. There was a microscopic bug that helped the process. She showed a conceptual implementation plan. Bob Narracci provided a summary of the request. Basically it would allow the Edwards'facility to increase its capacity. Mr. Schneider stated that impact to the Eagle River would be negligible. The project satisfied all 28 approval criteria for a 1041 permit. The landscaping would take place at the end of the project. He could not get a certificate of occupancy until the landscaping was complete. He went through each of the approval criteria. Chairman Ryan wondered about a property tax increase and how it would relate to the fee increase. Ms. Roman stated that there were two bonds. The first would pay for most of the construction. The second bond was to keep the next part of the project, and the whole project is 95 million dollars over the next 16 years. Commissioner Chandler Henry confirmed that rate increases only needed approval from the board of directors. This was confirmed. Mr. Schneider continued with his review of the criteria for approval. Lyn Brooks, General Manager of the Eagle River Water and Sanitation District spoke. Historically they raised rates through the board approval process,and most of indebtedness came from bonds. Mr. Schneider indicated that there would be no additional positions created. Their goal was to significantly reduce odors from the plant. They conducted an odor study. Ms.Roman stated that the odor would be reduced and surrounding neighbors were excited about this prospect. Mr. Schneider stated that discharges were strictly regulated by Colorado Department of Public Health and Education. The project would not impact the Eagle River in a negative way. The project would have no impact on the ground water in the area. Mr.Narracci provided information about the referral responses. He also reviewed the comments provided by the Planning Commission. He read a letter from the Eagle River Watershed Council which included concern for the elevated stream temperatures anticipated. Mr. Schneider provided responses to referral concerns. Commissioner Chandler Henry asked Mr.Merry if he had any additional concerns. Mr. Merry indicated that he did not have any concerns. Chairman Ryan opened and closed public input as there was none. Commissioner Chandler—Henry stated that this was evidence of the good work the District always did. Commissioner Fisher was thankful for people smarter than her who understood these issues and conducted business in a progressive way. Commissioner Chandler—Henry moved that the Eagle County Permit Authority approve file no. 1041- 4648,waiving the requirement for Special Use Review Permit and incorporating the following conditions: 1) That except as otherwise modified by the Permit, all material representations of the Applicant in this permit application, correspondence,and all public meetings shall be adhered to and considered conditions of approval,unless otherwise amended by other conditions. 2) That all comments set forth in the January 21'`, 2014 emailed response from the Eagle River Fire Protection District be addressed and resolved prior to site disturbance. 3) That all comments set forth in the January 28`h,2014 memorandum from the Eagle County Engineering Department be addressed and resolved prior to site disturbance. 4) That prior to Certificate of Occupancy for the proposed expansion, a landscape plan be developed by the ERWSD for review and approval by county staff. Specifically,that the ERWSD install substantive landscaping that will mature in 10 to 15 years and establish an effective visual buffer between the subject property and Interstate-70, along the south side of the site, and on the east side to aid in screening the facility from Lake Creek Village. 20 03/18/2014 5) That the applicant prepares a Spill Prevention Control and Countermeasures Plan for review and approval by Eagle County staff to address containment and spill response to hazardous materials releases associated with onsite fuel storage during construction,prior to site disturbance. 6) That the ERWSD will work with County Staff to develop a stream temperature monitoring program following the Colorado Water Quality Control Commission rulemaking hearing in June 2014. Commissioner Fisher seconded the motion. The vote was declared unanimous. Work Sessions (recorded) 21. Capital Improvement Projects Requests Tom Hyatt,Finance 22. Colorado Department of Transportation Programs Update Eva Wilson,Engineering Kelley Collier,ECO Transit Martha Miller, CDOT Resident Engineer There being no further business before the .•:F - , . -ting was adjourned until March 25, 2014. • y : • Attest: •' � �� • .ter//ice QRAU� Clerk to he Bo= / Chairman 21 03/18/2014