12-30-60 Application Submittal Requirements

The Director may waive one or more of the submittal requirements when the submittal information would not be relevant to whether the Project complies with the approval criteria. Additional materials may be required under Sections 12.30.70 for a particular type of Project.

1. Information describing the applicant.

(a) The names, addresses, including email address and fax number, organizational form, and business of the applicant and, if different, the owner of the Project.
(b) The names, addresses and qualifications, including those areas of expertise and experience with projects directly related or similar to that proposed in the application package, of individuals who are or will be responsible for constructing and operating the Project.
(c) Authorization of the application package by the Project owner, if different than the applicant.
(d) Documentation of the applicant’s financial and technical capability to develop and operate the Project, including a description of the applicant’s experience developing and operating similar projects.
(e) Written qualifications of report preparers.

2. Information describing the Project.

(a) Plans and specifications of the Project in sufficient detail to evaluate the application against the Permit Application Approval Criteria in Section 12.40.
(b) Descriptions of alternatives to the Project considered by the applicant.
(c) Schedules for designing, permitting, constructing and operating the Project, including the estimated life of the Project.
(d) The need for the Project, including a discussion of alternatives to the Project that were considered and rejected; existing/proposed facilities that perform the same or related function; and population projections or growth trends that form the basis of demand projections justifying the Project.
(e) Description of all conservation techniques to be used in the construction and operation of the Project.
(f) List of Adjacent property owners and their mailing addresses.

3. Property rights, other permits and approvals.

(a) A list of all other federal, state and local permits and approvals that will be required for the Project, together with any proposal for coordinating these approvals with the County permitting process. Copies of any permits or approvals that have been granted.
(b) Copies of all official federal and state consultation correspondence prepared for the Project; a description of all mitigation required by federal, state and local authorities; and copies of any draft or final environmental assessments or impact statements required for the Project.
(c) Description of the water to be used by the Project and alternatives, including: the source, amount, the quality of such water; the applicant’s right to use the water, including adjudicated decrees, applications for decrees; proposed points of diversion and changes in the points of diversion; qualitative and quantitative description of the impact to the source water supply; and the existing uses of the water. If an augmentation plan for the Project has been decreed or an application for such plan has been filed in the court, the applicant must submit a copy of that plan.
(d) Description of property rights that are necessary for or that will be affected by the Project.
(e) Describe the relationship, if any, of the Project to formally adopted regulations and policies of federal, state, regional or county governments, which regulations or policies would govern the use of land or water resources impacted by the Project.

4. Description of the technical and financial feasibility of the Project.

(a) The estimated construction costs and period of construction for each development component and the total mitigation costs for the Project.
(b) Revenues and operating expenses for the Project.
(c) The amount of any proposed debt and the method and estimated cost of debt service.
(d) Details of any contract or agreement for revenues or services in connection with the Project.
(e) Description of the persons or entity(ies) who will pay for or use the Project and/or services produced by the development and those who will benefit from any and all revenues generated by it.
(f) Provide a description and detailed engineering plans and specifications of the proposed construction of structures, buildings, and improvements associated with the project and the financial and environmental impacts thereof.
(g) Increased domestic and/or municipal water treatment costs and/or wastewater treatment costs:
- The applicant shall submit a plan to offset increased domestic and/or municipal water treatment and/or wastewater treatment necessary to meet water quality standards and determined to be a direct result of flow modification through changes in the transport of nutrients, total dissolved solids, hardness, minerals or other pollutants due to the operation or reoperation of any Project facilities proposed by the applicant. This may be accomplished either by construction and operation of additional domestic and/or municipal water treatment facilities made necessary by the reduction in flow, or the applicant may elect to pay a fee in lieu of those mitigation measures. This fee will be based upon the additional costs of domestic and/or municipal treatment and/or wastewater treatment (capital, operation and maintenance); and it will be used exclusively for meeting the costs of such additional domestic and/or municipal treatment and/or wastewater treatment.

5.Socioeconomic impacts

A comprehensive socioeconomic impact analysis that addresses the manner in which the applicant will comply with the relevant Permit Application Approval Criteria in Sections 12.40.10, 12.40.20, and 12.40.30. The impact analysis shall be limited to the impact area and shall include the following information:
- (a) Land Use
  1. Description of existing land uses within and adjacent to the impact area.
  2. Description of provisions from local land use plans that are applicable to the Project and an assessment of whether the Project will comply with those provisions.
  3. Description of impacts and net effect that the Project would have on land use patterns.
- (b) Local Government Services
  1. (i) Description of existing capacity of and demand for local government services including but not limited to roads, schools, water and wastewater treatment, water supply, emergency services, transportation, infrastructure, and other services necessary to accommodate development within Pitkin County.
  2. Description of the impacts and net effect of the Project to the capability of local governments that are affected by the Project to provide services.
- (c) Housing
  1. Description of existing seasonal and permanent housing including number, condition and cost of dwelling units.
  2. Description of the impact and net effect of the Project on housing during construction and operation stages of the Project

(d) Financial Burden on County Residents
1. Description of the existing tax burden and fee structure for government services including but not limited to assessed valuation, mill levy, rates for water and wastewater treatment, and costs of water supply.
2. Description of impacts and net effect of the Project on financial burdens of residents.
(e) Local Economy
1. Description of the local economy including but not limited to revenues generated by the different economic sectors, and the value or productivity of different lands.
2. Description of impacts and net effect of the Project on the local economy and opportunities for economic diversification.
(f) Recreational Opportunities
1. Description of present and potential recreational uses, including but not limited to the number of recreational visitor days for different recreational uses and the revenue generated by types of recreational uses.
2. Map depicting the location of recreational uses such as fishery stream segments, access points to recreational resources, hiking and biking trails, and wilderness areas.
3. Description of the impacts and net effect of the Project on present and potential recreational opportunities and revenues to the local economy derived from those uses.
4. If a Water and Sewer Project, description of the net effect of the Project on downstream present and potential recreational opportunities and revenues to the local economy derived from those uses, if any.
(g) Areas of Paleontological, Historic or Archaeological Importance
1. Map and/or description of all sites of paleontological, historic or archaeological interest.
2. Description of the impacts and net effect of the Project on sites of paleontological, historic or archaeological interest.
(h) Nuisance
- Descriptions of noise, glare, dust, fumes, vibration, and odor levels caused by the Project.

6. Environmental impacts.

Description of the existing natural environment and an analysis of the impacts of the Project to the natural environment. Descriptions in this Section shall be limited to the impact area, and shall include an analysis of existing conditions, supported with data, and a projection of the impacts of the Project in comparison to existing conditions. The analysis shall include a description of how the applicant will comply with the applicable Permit Application Approval Criteria in Sections 12.40.10, 12.40.20 and 12.40.30.
- (a) Air Quality
  1. Description of the airsheds to be affected by the Project, including the seasonal pattern of air circulation and microclimates.
  2. Map and/or description of the ambient air quality and state air quality standards of the airsheds to be affected by the Project, including particulate matter and aerosols, oxides, hydrocarbons, oxidants, and other chemicals, temperature effects and atmospheric interactions.
  3. Descriptions of the impacts and net effect that the Project would have on air quality during both construction and operation, and under both average and worst case conditions.
- (b) Visual Quality
  1. Map and/or description of ground cover and vegetation, forest canopies, waterfalls and streams or other natural features.
  2. Description of viewsheds, scenic vistas, unique landscapes or land formations.
  3. Map and/or description of buildings and structure design and materials to be used for the Project.
  4. Descriptions of the impacts and net effect that the Project would have on visual quality.

(c) Surface Water Quality
1. Map and/or description of all surface waters to be affected by the Project, including:
  - a. Description of provisions of the applicable regional water quality management plan that applies to the Project and assessment of whether the Project would comply with those provisions.
  - b. Description of applicable state water quality standards for water bodies that will be affected by the Project.
  - c. Map and description of existing points at diversion for municipal, agricultural, industrial and recreational uses of water within the County that may be impacted by the Project.
2. Descriptions of the immediate and long-term impact and net effects that the Project would have on the quantity and quality of surface water under both average and worst case conditions.
3. Provide assurance that the proposed Water and Sewer Project is capable of supplying water of a quality acceptable to the Colorado Department of Public Health & Environment.
4. Describe and indicate on an appropriate map surface water bodies (streams, lakes, reservoirs (existing or proposed), etc.) in the source development area and their uses. Describe the effects of the diversion of water for the Water and Sewer Project on the above-described water feature(s) including the effects on present water quality, current and foreseeable uses. Include a detailed statement of the impacts of the proposed project upon water quality standards including, but not limited to antidegredation standards, and all applicable basic or numeric standards for physical, biological, organic, inorganic, and metals pollutants.

(d) Groundwater Quality
1. Map and/or description of all groundwater, including any aquifers. At a minimum, the description should include:
  - a. Seasonal water levels in each subdivision of the aquifer affected by the Project.
  - b. Artesian pressure in aquifers.
  - c. Groundwater flow directions and levels.
  - d. Existing aquifer recharge rates and methodology used to calculate recharge to the aquifer from any recharge sources.
  - e. For aquifers to be used as part of a water storage system, methodology and results of tests used to determine the ability of aquifer to impound groundwater and aquifer storage capacity.
  - f. Seepage losses expected at any subsurface dam and at stream-aquifer interfaces and methodology used to calculate seepage losses in the affected streams, including description and location of measuring devices.
  - g. Existing groundwater quality and classification.
  - h. Location of all water wells and their uses.
2. Description of the impacts and net effect of the Project on groundwater.
3. Describe and indicate on an appropriate map groundwater aquifers in the source development area and their uses. Describe the effects of the diversion of water for the Water and Sewer Project on the above-described water feature(s) including the effects on present water quality, current and foreseeable uses. Include a detailed statement of the impacts of the proposed project upon water quality standards including, but not limited to antidegredation standards, and all applicable basic or numeric standards for physical, biological, organic, inorganic, and metals pollutants.
(e) Water Quantity
1. Map and/or description of existing and historical stream flows and reservoir levels.
2. Map and/or description of existing Colorado Water Conservation Board held minimum instream flows.
3. Descriptions of the impacts and net effect that the Project would have on water quantity, including but not limited to, a description of the impact and net effect that the Project would have on seasonal stream flows under both average and worst case conditions.
4. Statement of methods for efficient utilization of water.
5. Description of demands that the Project expects to meet and basis for projection of that demand.
6. Existing water utilization, including historic yields from rights and use by category; supply obligations to other systems.
(f) Floodplains, Wetlands and Riparian Areas
1. Map and/or description of all floodplains, wetlands, and riparian areas to be affected by the Project, including a description of the types of wetlands, species composition, and biomass.
2. Description of the source of water interacting with the surface systems to create each wetland (i.e., side-slope runoff, over-bank flooding, groundwater seepage, etc.).
3. Description of the impacts (including seasonal impacts) and net effect that the Project would have on the floodplains, wetlands and riparian areas.

(g) Terrestrial and Aquatic Animals and Habitat
1. Map and/or description of terrestrial and aquatic animals including the status and relative importance of game and non-game wildlife, livestock and other animals; a description of streamflows and lake levels needed to protect the aquatic environment; description of threatened or endangered animal species and their habitat.
2. Map and description of critical wildlife habitat and livestock range to be affected by the Project including migration routes, calving areas, summer and winter range, and spawning beds.
3. Description of the impacts (including seasonal impacts) and net effect that the Project would have on terrestrial and aquatic animals, habitat and food chain.
4. Describe the potential adverse effects of the diversions of water, if any, upon plant and animal life dependent upon the water resources in question.
(h) Terrestrial and Aquatic Plant Life
1. Map and/or description of terrestrial and aquatic plant life including the type and density, and threatened or endangered plant species and habitat.
2. Descriptions of the impacts (including seasonal impacts) and net effect that the Project would have on terrestrial and aquatic plant life.
3. Describe the potential adverse effects of the diversions of water, if any, upon plant and animal life dependent upon the water resources in question.
(i) Soils, Geologic Conditions and Natural Hazards
1. Map and/or description of soils, geologic conditions, and natural hazards including but not limited to soil types, drainage areas, slopes, avalanche areas, debris fans, mud flows, rock slide areas, faults and fissures, seismic history, and wildfire hazard areas.
2. Descriptions of the risks to the Project from natural hazards.
3. Descriptions of the impact and net effect of the Project on soil and geologic conditions.

7. Hazardous materials description.

(a) Description of all hazardous, toxic, and explosive substances to be used, stored, transported, disturbed or produced in connection with the Project, including the type and amount of such substances, their location, and the practices and procedures to be implemented to avoid accidental release and exposure.
(b) Location of storage areas designated for equipment, fuel, lubricants, and chemical and waste storage with an explanation of spill containment structures.

8. Monitoring and Mitigation Plans.

(a) Description of all mitigation that is proposed to avoid, minimize or compensate for adverse impacts of the Project and to maximize positive impacts of the Project.
1. Describe how and when mitigation will be implemented and financed.
2. Describe impacts that are unavoidable that cannot be mitigated.
(b) Description of methodology used to measure impacts of the Project and effectiveness of proposed mitigation measures.
(c) Description, location and intervals of proposed monitoring to ensure that mitigation will be effective.
(d) Description of the applicant’s plan to comply with the County’s Scientific/Social Framework for Managing Impacts of Trans-Basin Water Diversions to Protect Stream Health in Pitkin County, Colorado, in accordance with the guidelines described therein.

(e) Description of the applicant’s detailed revegetation plan for all land areas in which vegetation will be impacted. Describe all revegetation plans or efforts proposed as part of the development, including any such plans required as a condition of any Water Court decree pertaining to the development. Such plan shall include, at a minimum:
1. Description of all lands included.
2. Plant and seed material to be used and the method and timing of their application.
3. Source, amount, timing and seasonal duration of irrigation water to be applied to establish the intended revegetation, for a period no less than two (2) growing seasons, or such longer or shorter period as the Permit Authority shall require.
4. Whether the plan is required as a part of any Water Court transfer decree, and if so, whether the plan has been approved by the Water Court (include a copy of the decree and plan as so approved).
5. As a part of the require security to guarantee implementation of the revegetation plan, including the costs of preparing the soil, seeding and planting vegetation and irrigating the same, costs of removal of noxious weeds, and revising and repeating the revegetation plan in the event the plan fails in whole or in part.
6. If the applicant believes that revegetation is not necessary, the applicant must present evidence from an appropriate source that revegetation is not necessary and that all other appropriate considerations as set forth herein will be satisfied. The Permit Authority shall make the final decision whether revegetation is necessary under these circumstances.
7. The Permit Authority may, but is not required to consider a Water Court approved revegetation plan as partial or full satisfaction of the requirements of this Section 12.30.60(8)(e).

(f) Description of how the applicant will meet the applicable habitat needs listed below by the identified wildlife species and will avoid conflict with these needs. Where conflicts are unavoidable, the applicant shall present proposals to minimize the extent and degree of the conflict, including revegetation and/or compensation through replacement or enhancement of habitat on an alternative site.
1. Production Areas. These include areas necessary for prenuptial activities, breeding, young-bearing and rearing, i.e., spawning beds, nursery streams, and protected shoal areas for fish; permanent shallow water for amphibians; strutting, booming and dancing grounds and calling perches, nesting places, and protective young-rearing cover for birds; breeding grounds, calving and fawning areas, den trees, burrows, and young-rearing cover for mammals.
2. Principal Feeding Areas. These include areas containing the natural foods of a wildlife species of sufficient quantity and quality and readily available to sustain a normal population.
3. Summer Ranges. Summer ranges relatively free of human disturbance are highly important to the survival of some species, especially those requiring extended periods of time for young-rearing.
4. Winter Ranges. Winter ranges of sufficient quality and quantity are critical for two reasons: (1) they are frequently so restricted in area that they limit the size of an animal population over its entire range; and (2) these ranges are often in proximity to human populations and human activities so that the species involved are adversely affected, or the species may adversely affect real and personal property.
5. Concentration Areas. Areas where high density of wildlife species at certain times of the year makes them highly susceptible to developments and activities of man. Examples of concentration areas include staging areas for waterfowl, sandhill cranes and deer; roosting areas for a number of birds; colonies of such colonial species as swallows, herons and beaver; and mass dens of snakes.
6. Shelter Areas. Those physical or natural features in their habitats which provide escapement from their enemies and adverse weather conditions. Included here are such things as rough terrain for many species of wildlife; rocky bottoms and shorelines and aquatic vegetation in and adjacent to water for protection of fish, amphibians, and aquatic oriented species of terrestrial wildlife.
7. Water and Minerals. A permanent water supply in sufficient quantity and quality is necessary to support most wildlife species. In addition, some species have special mineral needs. Continuous stream flows and conservation pools in reservoirs are essential to the survival of fish. Stable water levels in lakes and reservoirs are highly desirable for fish, amphibians and many forms of terrestrial wildlife. High quality water, free of pollutants, is essential to the survival of fish, amphibians and many birds, as well as to the food organisms upon which they depend.
8. Movement Corridors. Many species of wildlife have daily and seasonal movement patterns along more or less established corridors. These may be between seasonal ranges; to reach spawning areas; or between nesting, resting, roosting, feeding and watering areas. Concentrations of animals along such corridors increase the likelihood of conflict between wildlife and humans. Many of these corridors offer the only means for wildlife movements, or their uses become so traditional that disruption or interference could be disastrous for the species involved.
9. Buffer Zones. Some species of wildlife are intolerant to disturbance from human activities during portions of the year. In order to protect these species, buffer zones with no, or limited, human related disturbances are necessary during those seasons when these species occupy specific areas.
10. Special Habitat Needs. Some wildlife species have very specific habitat needs, without which they cannot survive. Therefore, reduction of such needs beyond certain limits, or a complete destruction of these habitat features could cause a species to be reduced in number or perish. For example, sagebrush is essential to the survival of sage grouse; wild turkeys need roost trees meeting certain requirements; catfish will only spawn when water temperatures are within certain limits; and black footed ferrets are limited to ranges occupied by prairie dogs.
11. Shoreline Vegetation. Vegetation along stream banks and the shorelines of lakes is extremely important to aquatic wildlife and aquatic related forms of terrestrial wildlife. Such vegetation controls water temperatures, provides food and shelter and protects banks from excessive erosion which damages or destroys wildlife habitats.

9. Additional Information may be necessary. The applicant must supply any other additional information and documentation necessary for the Permit Authority to make a determination regarding whether the Project meets the applicable Approval Criteria in Section 12.40. In addition, the Director may request that the applicant supply additional information related to the Project if the Permit Authority will not be able to make a determination on one of the Permit Application Approval Criteria in Section 12.40 without the additional information.

10. For each alternative site or expansion area for which a permit is being sought by the applicant, if any, the information specified in subsections (1) through (9) of this Section. An application need not meet the identified submission requirements for other than the particular development alternative for which a permit is being sought in order for the application to be considered complete, but the description of alternative sites and expansion areas must be sufficiently detailed so as to adequately inform the Permit Authority.

Report abuse

12-30-60 Application Submittal Requirements

How To Documents

Return to Title 8 Directory