Chapter 17.172 REGULATIONS FOR EFFICIENT UTILIZATION OF MUNICIPAL AND INDUSTRIAL WATER PROJECTS

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17.172.010 Designation.

The “Efficient Utilization of Municipal and Industrial Water Projects” is a designated matter of state and local interest in Pueblo County.  No person may engage in development, including construction, expansion, reoperation, or other significant change in use, of a municipal and/or industrial water project wholly or partially within unincorporated Pueblo County, without first obtaining a permit pursuant to these Regulations.

17.172.020 Authority.

These Regulations are adopted pursuant to §§24-65.1-101, et seq., 7 C.R.S. (2004) (“HB 1041”), and §§29-20-101, et seq., 9 C.R.S. (2004) (“HB 1034”), and pursuant to other applicable land use and regulatory powers of Pueblo County. 

17.172.030 Purpose and Findings.

A.  Purposes.  Pueblo County is situated midway along the Arkansas River as it flows through Colorado. The County encompasses the confluences with the Arkansas River of such tributaries as the Fountain River, St. Charles River, and Huerfano River; and it is the site for Pueblo Reservoir, a large in-channel storage project on the Arkansas River. By reason of its unique geography, Pueblo County has become the location of many water supply projects, which impact the County, the Arkansas Valley and the State of Colorado in important and enduring ways.  These Regulations are adopted:

(1)  To protect the public health, safety, convenience, order, property or welfare of present and future inhabitants of Pueblo County and the State of Colorado.

(2)  To ensure planned, orderly, efficient and economical land use development.  

(3)  To provide for the needs of agriculture, existing businesses, residential communities, and recreation now and in the future in Pueblo County and adjacent areas which are integral to the economy of Pueblo County. 

(4)  To ensure that water projects are located to avoid conflict with County land use plans.

(5)  To regulate municipal and industrial water projects that could cause extensive water and air pollution or that would otherwise degrade or threaten the environmental quality within the County or the beauty of its landscape and the integrity of its rivers.

(6)  To ensure that municipal and industrial water projects emphasize the most efficient use of water, including to the extent permissible under existing law, and when appropriate, the recycling, reuse, and conservation of water.

(7)  To ensure that urban development, population densities, and site layout of storm water and sanitation systems be accomplished in a manner that will prevent the pollution of aquifer recharge areas.

(8)  To ensure that new municipal and industrial water and sewage treatment systems be concentrated in areas which would result in the proper utilization of existing treatment plants and the orderly distribution of water and sewage systems of adjacent communities.

(9)  To ensure that major extensions of municipal and industrial water and sewage treatment systems be permitted only in areas in which the anticipated growth and development that may occur as a result of such extensions can be accomplished within the financial and environmental capacity of the area to sustain such growth and development.

(10) To protect lands from development which would cause immediate or foreseeable material danger to significant wildlife habitat or endanger a wildlife species.

(11) To preserve areas of historical and archaeological importance.

(12) To regulate location of activities and developments which may result in significant changes in population density.

(13) To provide for planned development of services and facilities.

(14) To regulate use of land and water resources on the basis of impact thereof on the community or surrounding areas.

(15) To provide planned and orderly use of land and water resources and protection of the environment in a manner consistent with constitutional rights and private property rights.

(16) To ensure that new development will pay for itself to the maximum extent practicable and to ensure that the present residents of Pueblo County will not have to unduly subsidize new development through increased cost of public services or degradation of the quality of life.

B. Findings.  The Board of County Commissioners finds that:

(1)  All applicable notice and public hearing requirements have been followed for the designation of this activity as a matter of state and local interest;

(2)  Based on duly noticed public hearings the Board has considered the applicable guidelines for designation issued by the Colorado Land Use Commission as part of its HB. 1041 Model Land Use regulations;

(3)  These Regulations are necessary because of the current and foreseeable development pressures on and within the County; and

(4)  These Regulations are necessary to fulfill the purposes and intentions specified above.

17.172.040 Definitions.

A.  Administrator:  The person responsible for the administration of designated matters of State and local interest within the County of Pueblo as set forth in Chapter 17.148.100.

B.  Aquifer recharge area: Any area where surface waters may infiltrate to a water bearing structure of permeable rock, sand or gravel. This definition also includes areas affected by wells used for disposal of wastewater or other toxic pollutants. 

C.  Board or Board of County Commissioners:  Board of County Commissioners of Pueblo County, State of Colorado.  (See also Permit Authority). 

D.  County:  Pueblo County, Colorado. 

E.  Determination:  The Administrator’s decision whether a Project qualifies for a Finding of No Significant Impact (FONSI) or requires a permit. 

F.  Development: Any construction or activity which in any way changes or modifies the basic character or use of the land on which the construction or activity occurs. 

G.  Efficient utilization of water: The employment of methods, procedures, techniques and controls to encourage use of water that will yield the greatest possible benefits including social, economic, environmental, aesthetic, agricultural, commercial and recreational benefits, and that will promote, where feasible and appropriate, the conservation of water in particular uses, and that emphasizes, to the extent permissible under law, the recycling and reuse of water.  

H.  FONSI:  A Finding of No Significant Impact. 

I.  Industrial:  Any development of natural resources, business or trade, commercial activity, processing, fabrication, alteration or manufacture of raw or semi-processed materials, manufactured goods or any components thereof, and commercial feedlots.  “Industrial” includes the provision of water directly or indirectly by a private entity or individual for domestic, municipal or industrial uses.  “Industrial” does not include agricultural crop production or livestock watering. 

J.  Material change:  Any change in the Project as approved by the Permit Authority which significantly changes the nature of impacts considered by the Permit Authority in approval of the original Permit or in the case of a development not previously issued a permit, a structural modification, change of use, change of operation, change of user, which significantly changes the nature of the development and its associated impacts. 

K.  Mitigation:  Avoiding an impact; minimizing impacts by limiting the degree or magnitude of the action or its implementation; rectifying the impact by repairing, rehabilitating or restoring the impact area, facility or service; or compensation for the impact by replacing or providing for the replacement of biological or physical conditions, services or facilities. 

L.  Municipal and industrial water project: A water supply system and all related components through which a water supply from either surface or subsurface sources is derived for municipal or industrial uses or both.  A water supply system includes wells, diversion facilities, pumps, conduits, canals, pipes, ditches, reservoirs or other impoundments, through which a water supply is obtained directly or by trade, substitution, augmentation or exchange, and also includes those components for returning unconsumed flows back to the stream system. The filing of an application in court to adjudicate the use of water and obtaining a decree, in and of itself, shall not constitute the development of a water project.

M.  Permit authority: The Board of County Commissioners, or its designee. 

N.  Person: Any individual, partnership, corporation, association, company or other public or corporate body, including the federal government, and includes any political subdivision, agency, instrumentality or corporation of the state or the United States government. 

O.  Project or proposed project: The site selection, construction, development, operation, reoperation, enlargement or expansion, conversion of an existing facility or structure to a municipal or industrial use, or material change of a development proposed under these Regulations throughout its life cycle including all ancillary structures, facilities, improvements, and activities, and all integrated components thereof, and any proposed land use directly related to such project if such project is to be located wholly or partially within the County. A project cannot be segmented to avoid the requirements of these Regulations. If a project is to be phased over time or is composed of distinguishable elements, the impacts of all phases or elements of the development must be considered together when reviewing the project hereunder and determining if it satisfies these Regulations.

17.172.050 Applicability.

A.  These regulations shall apply to development of municipal and industrial water projects, wholly or partially within unincorporated Pueblo County. 

B.  The provision of this Chapter shall not apply to or affect any development described in §17.148.050 of the Administrative Regulations adopted by this jurisdiction, to the extent these regulations were or are deemed authorized exclusively under §§24-65.1-101, et seq., 7 C.R.S. (2004). 

C.  Nothing in these regulations shall be construed as exempting an applicant for a permit from any other requirements of this jurisdiction or other state or federal laws and regulations. 

D.  To the extent that the requirements of these regulations differ from any other applicable requirements, the more restrictive requirements shall apply. 

E.  No grading permit, building permit, development permit, or permit for a permanent use in a County right-of-way or County-owned property shall be issued by the County for purposes of developing, construction or otherwise engaging in the conduct of a municipal or industrial water project without the applicant first having obtained a permit pursuant to these regulations. 

F.  Review or approval of a Project by a federal or state or local agency does not obviate and shall not substitute for, the need to obtain a Permit for that Project under these regulations. Any application for a permit under these Regulations that is also subject to the regulations of other agencies may request that the County application and review process be coordinated with that of the other agency. If practicable, and in its discretion, the County may attempt to eliminate redundant application submittal requests and may coordinate its review of the application with that of other agencies as appropriate. 

G.  Other exemptions:  A Municipal or Industrial Water Project is exempt from these Regulations if it falls into one of the following categories: 

(1)  The day-to-day operations of an existing project or facility, or a minor change in the operation of an existing project or facility, including retrofitting or updating technology, so long as the change in operation does not constitute a material change and does not cause negative impacts different from that of the existing facility or project or otherwise exacerbate existing impacts.

(2)  The maintenance, repair, replacement of an existing component or facility of a Project if it does not constitute a material change, does not cause negative impacts different from the existing Project, and does not otherwise exacerbate existing impacts.  

(3)  Replacement of an existing water diversion or storage structure without change in the point of diversion, type or place of use of the water, or yield.   

(4)  Irrigation facilities used for agricultural purposes.  

(5)  A proposed municipal water project with a new or increased diversion per year, or new or increased storage capacity, of less than 500 acre-feet.

(6)  A proposed industrial water project with a new or increased diversion per year, or a new or increased storage capacity, of less than 500 acre-feet.

17.172.060 Permit Application and Procedures.

 
The procedures concerning permit applications, notice and conduct of permit hearings, review of Permit Authority decisions, and the issuance and content of permits to engage in the designated activity of a municipal or industrial water project shall comply with the provisions set forth in Article 4 of the Administrative Regulations, §17.148.240, et seq., and the additional provisions of these Regulations.

17.172.070 Permit or Finding of No Significant Impact (FONSI) Required After Designation.

A.  No person may engage in development of, or conduct, this designated activity of state interest, not otherwise exempt, without first obtaining a Finding of No Significant Impact (FONSI), a Permit under these Regulations, or a Permit amendment under these Regulations. B.  When approval is sought to conduct more than one activity of state interest and/or engage in development in more than one area of state interest, the application may be completed for all such activities or developments and may be reviewed simultaneously.

17.172.080 Pre-Application Procedure.

A.  Before submitting an application for a Permit under these Regulations, the applicant shall meet with the Administrator. 

B.  At or before the pre-application meeting, the applicant shall provide the Administrator with: 

    (1)  A written summary of the Project including:                       

(a)  The applicant’s name, address and phone number. 

          (b)  Map prepared at an easily readable scale showing: 

          i.   Boundary of the proposed activity.

ii.  Relationship of the proposed activity to surrounding topographic and cultural features such as roads, streams and existing structures. 

          iii.  Proposed buildings, improvements and infrastructure. 

(c)  Information that is sufficient for determining the nature of the Project and the degree of impacts associated with the Project. 

C.  Within thirty (30) days after the pre-application meeting, the Administrator shall establish an estimated fee in an amount reasonable and necessary to cover costs of determining whether a Finding of No Significant Impact (FONSI) or a Permit is required. The estimate will include the costs of copying, mailing, publications, labor, overhead and retention of consultants, experts and attorneys that the County deems necessary to advise it in making the Determination.  Once the estimate is established, the administrator shall notify the applicant in writing of said fee and its amount.  Following receipt of such notice, the applicant shall present to the Permit Authority certified funds in the amount set.  Until the fee is paid, no further action shall be taken in the pre-application process.

17.172.090 Determination

Based upon review of the pre-application submittals and the information obtained at the pre-application meeting, and after receipt of the pre-application fee, the Administrator may determine that a Finding of No Significant Impact (FONSI) is warranted or that a Permit is required. Such determination may be made by the Administrator at such time as sufficient information is provided by the applicant after the pre-application meeting.

A.  Finding of No Significant Impact (FONSI). The Administrator may determine that a Finding of No Significant Impact (FONSI) should be issued if the construction or operation of the Project, without mitigation, in its proposed location is unlikely to have any significant adverse impact to the County in consideration of the Permit Application Approval Criteria in Section 17.172.130 of these Regulations. If the Administrator makes a FONSI, the applicant does not need to submit a permit application, unless the Permit Authority deems that a Permit is necessary, following reconsideration as set forth below. 

B.   Permit Required. If the Administrator determines that a Finding of No Significant Impact (FONSI) is not appropriate based upon review of the pre-application submittals and the information obtained at the pre-application meeting, then the applicant must obtain a Permit.  

C.  Notice of Administrator’s Determination on a FONSI. 

     (1) Upon the Administrator’s Determination on a FONSI, the Administrator shall notify the applicant by mail, and shall notify the Board and the County Attorney of the Determination by e-mail or memorandum. 

     (2)  The Notice of Administrator’s Determination on the FONSI shall be published once in the County legal newspaper not more than fourteen (14) days following the Determination. The notice shall describe the Project and the procedure for requesting reconsideration as set forth below. 

D.  Reconsideration of Administrator’s Determination on a FONSI. 

     (1)  Call-up by the Board. Within fourteen (14) days after publication of the Administrator’s Determination on a FONSI, the Board may decide to reconsider the Determination. Such reconsideration shall be made at the next regularly scheduled meeting of the Board for which proper notice can be accomplished. 

     (2)  Any affected party seeking a reconsideration of the Administrator’s Determination on a FONSI shall file a written request with the Board within fourteen (14) days of the date of publication in the newspaper of the Notice of the Administrator’s Determination on the FONSI. The Board shall reconsider the Administrator’s Determination on the FONSI at the next regularly scheduled meeting for which proper notice can be accomplished. The affected party may request a reasonable extension if necessary.

17.172.100 Application Fee.

As forth herein, the County shall determine and establish a reasonable fee sufficient to cover the costs of processing the application including the cost of holding the necessary hearings. 

A.  If a Permit is required, then within thirty (30) days the Administrator shall establish an estimate in an amount necessary to cover costs of reviewing and processing the application, including costs of copying, mailings, publications, labor, overhead and retention of consultants, experts and attorneys that the County deems necessary to advise it on the application package. 

B.  Once the estimate is established, the Administrator shall notify the applicant in writing of said fee and its amount.  Following receipt of such notice, the applicant shall present to the Permit Authority certified funds in the amount set. Until the fee is paid, the application for Permit shall not be further processed. 

C.  The actual costs incurred by the County to process the application shall be deducted from the application fee.  The Administrator shall keep an accurate record of the actual time, and other costs, required for processing the application.  If the balance of fees falls below a minimum balance established by the Administrator, additional billings shall be made to the Applicant commensurate with the additional costs incurred by the County.  The County may cease processing the application pending receipt of additional installments.

D.  The County will deposit in an interest-bearing account that portion of the fee which is not necessary to cover current costs and expenses.  Interest earned on the account shall belong to the Applicant and will be applied by the County toward costs and expenses in processing the Application.  Any portion of the fee, which is not necessary to cover the cost of processing the application, will be reimbursed to the Applicant.

E.  The Permit Authority may in its sole discretion waive all or a portion of the fees if the applicant demonstrates a special need or such waiver of fees is found to be in the best interests of the citizens of Pueblo County.

17.172.110 Permit Application Procedure.

If a Permit is required, then the following permit application procedure shall apply: 

A.  Following the pre-application meeting and/or the Administrator’s Determination, the applicant shall submit application materials to the Administrator. The application submittal requirements are described below in Section 17.172.120. 

B.  An application will not be considered unless it is complete. If the Administrator determines that the application is incomplete, the Administrator shall specify in writing the additional information that is required. An application is not complete unless the fee requirements have been met. The Administrator shall note on the application the date the application is determined to be complete. 

C.  The Administrator shall determine the number of copies of the application required and the applicant shall provide such copies prior to the permit being formally scheduled for hearing. 

D.  The Administrator may send a copy of the complete application to any local, state or federal agency that may have expertise or an interest in impacts that may be associated with the Project. 

E.  Notice of the permit hearing shall be given as provided in Chapter 17.148.260 of these regulations.

17.172.120 Application Submittal Requirements.

The Administrator 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 for a particular type of Project. 

A.  Information describing the applicant

(1)  The names, addresses, including email address and fax number, organizational form, and business of the applicant and, if different, the owner of the Project. 

(2)  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. 

(3)  Authorization of the application package by the Project owner, if different than the applicant. 

(4)  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. 

(5)  Written qualifications of report preparers. 

B.  Information describing the Project

(1)  Plans and specifications of the Project in sufficient detail to evaluate the application against the Permit Application Approval Criteria. 

(2)  Descriptions of alternatives to the Project considered by the applicant.  If the Administrator determines that the nature or extent of the proposal involves the potential for significant damage and warrants examination of other specific, less damaging alternatives, the Administrator may require the Applicant to evaluate and present information on such additional alternatives as part of the application. 

(3)  Schedules for designing, permitting, constructing and operating the Project, including the estimated life of the Project. 

(4)  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. 

(5)  Description of all conservation techniques to be used in the construction and operation of the Project. 

(6)  Description of efficient water use, recycling and reuse technology the Project intends to use.  Such description shall include estimated stream transit losses of water, reservoir evaporation losses, and power and energy requirements of the Project and alternatives to the Project. 

(7)  Map and description of other municipal and industrial water projects in the vicinity of the Project, including their capacity and existing service levels, location of intake and discharge points, service fees and rates, debt structure and service plan boundaries and reasons for and against hooking on to those facilities. 

(8)  Description of demands that this Project expects to meet and basis for projections of that demand. 

(9)  List of Adjacent property owners and their mailing addresses. 

C.  Property rights, other permits and approvals

(1)  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. 

(2)  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. 

(3)  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; 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. 

(4)  Description of property rights that are necessary for or that will be affected by the Project. 

(5)  Any application which requires compliance with §24-65.5-101, et seq. C.R.S. (Notification to Mineral Owners of Surface Development) shall not be considered to have been submitted as complete until the applicant has provided a certification signed by the applicant confirming that the applicant or its agent has examined the records of the Pueblo County Clerk and Recorder for the existence of any mineral estate owners or lessees that own less than full fee title in the property which is the subject of the application, and stating whether or not any such mineral estate owners or lessees exist.  In addition, for purposes of the County convening its initial public hearing on any application involving property which mineral estate owners or lessees owning less than full fee title in the property have been certified by the applicant to exist, the application shall not be considered to have been submitted as complete until the applicant has provided an additional signed certification confirming that the applicant has, at least 30 days prior to the initial public hearing, transmitted to the County and to the affected mineral estate owners and lessees the notices required by §24-65.5-101, et seq. C.R.S.

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

(1)  The estimated construction costs and period of construction for each development component and the total mitigation costs for the Project.

(2)  Revenues and operating expenses for the Project. 

(3)  The amount of any proposed debt and the method and estimated cost of debt service. 

(4)  Details of any contract or agreement for revenues or services in connection with the Project. 

(5)  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. 

E.  Socioeconomic impacts.   

A comprehensive socioeconomic impact analysis that addresses the manner in which the applicant will comply with the relevant Permit Application Approval Criteria. The impact analysis shall be limited to the impact area and shall include the following information: 

(1)  Land Use

     (a)  Description of existing land uses within and adjacent to the impact area. 

     (b)  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.

     (c)  Description of impacts and net effect that the Project would have on land use patterns.

(2) Local Government Services 

     (a)  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 Pueblo County. 

     (b) 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. 

(3)  Housing. 

     (a)  Description of existing seasonal and permanent housing including number, condition and cost of dwelling units. 

     (b)  Description of the impact and net effect of the Project on housing during construction and operation stages of the Project. 

(4)  Financial Burden on County Residents 

     (a)  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.  

     (b)  Description of impacts and net effect of the Project on financial burdens of residents.

(5)  Local Economy 

     (a)  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.

     (b)  Description of impacts and net effect of the Project on the local economy and opportunities for economic diversification. 

(6)  Recreational Opportunities 

     (a)  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. 

     (b)  Map depicting the location of recreational uses such as fishery stream segments, access points to recreational resources, hiking and biking trails, and wilderness areas. 

     (c)  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. 

(7)  Areas of Paleontological, Historic or Archaeological Importance. 

     (a)  Map and/or description of all sites of paleontological, historic or archaeological interest. 

     (b)  Description of the impacts and net effect of the Project on sites of paleontological, historic or archaeological interest. 

(8)  Nuisance.   

Descriptions of noise, glare, dust, fumes, vibration, and odor levels caused by the Project. 

 (9)  Loss of Agricultural Productivity. 

     (a)  Information on any agricultural water rights in the region converted to provide water for the Project, now or in the future. 

    (b)  Information on the amount of irrigated agricultural lands taken out of production, and a description of revegetation plans. 

     (c) Economic consequences of any loss of irrigated agriculture, including loss of tax base, in the region.

     (d) Information as to loss of wildlife habitat, loss of topsoil, or noxious weed invasion, as a result of the transfer of water rights and subsequent dry-up of lands. 

F.  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 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.  

(1)  Air Quality. 

     (a)  Description of the airsheds to be affected by the Project, including the seasonal pattern of air circulation and microclimates. 

     (b)  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.

     (c)  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. 

(2)  Visual Quality. 

     (a)  Map and/or description of ground cover and vegetation, forest canopies, waterfalls and streams or other natural features. 

      (b)  Description of viewsheds, scenic vistas, unique landscapes or land formations. 

     (c)  Map and/or description of buildings and structure design and materials to be used for the Project. 

     (d)  Descriptions of the impacts and net effect that the Project would have on visual quality. 

(3)  Surface Water Quality.

      (a)  Map and/or description of all surface waters to be affected by the Project, including:

  i.  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) Existing data monitoring sources. 

      (c) 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.

(4)  Groundwater Quality. 

     (a)  Map and/or description of all groundwater, including any aquifers. At a minimum, the description should include:

 i.    Seasonal water levels in each subdivision of the aquifer affected by the Project. 

           ii.   Artesian pressure in aquifers. 

           iii.  Groundwater flow directions and levels. 

           iv.  Existing aquifer recharge rates and methodology used to calculate recharge to the aquifer from any recharge sources. 

           v.  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. 

          vi.  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.

          vii.  Existing groundwater quality and classification. 

          viii. Location of all water wells and their uses.

     (b)  Description of the impacts and net effect of the Project on groundwater.

(5)  Water Quantity 

      (a)  Map and/or description of existing stream flows and reservoir levels. 

      (b)  Map and/or description of existing Colorado Water Conservation Board held minimum stream flows.

      (c)  Descriptions of the impacts and net effect that the Project would have on water quantity. 

      (d)  Statement of methods for efficient utilization of water, including recycling and reuse. 

(6)  Floodplains, Wetlands and Riparian Areas. 

     (a)  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. 

     (b)  Description of the source of water interacting with the surface systems to create each wetland (i.e., sideslope runoff, over-bank flooding, groundwater seepage, etc.). 

     (c)  Description of the impacts and net effect that the Project would have on the floodplains, wetlands and riparian areas. 

(7)  Terrestrial and Aquatic Animals and Habitat. 

     (a)  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. 

      (b)  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. 

     (c)  Description of the impacts and net effect that the Project would have on terrestrial and aquatic animals, habitat and food chain. 

(8)  Terrestrial and Aquatic Plant Life 

      (a)  Map and/or description of terrestrial and aquatic plant life including the type and density, and threatened or endangered plant species and habitat.

      (b)  Descriptions of the impacts and net effect that the Project would have on terrestrial and aquatic plant life. 

(9)  Soils, Geologic Conditions and Natural Hazards. 

     (a)  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. 

     (b)  Descriptions of the risks to the Project from natural hazards. 

     (c)  Descriptions of the impact and net effect of the Project on soil and geologic conditions in the area. 

G.  Hazardous materials description

(1)  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. 

(2)  Location of storage areas designated for equipment, fuel, lubricants, and chemical and waste storage with an explanation of spill containment structures. 

H.  Monitoring and Mitigation Plan

(1)  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. 

     (a)  Describe how and when mitigation will be implemented and financed. 

     (b)  Describe impacts that are unavoidable that cannot be mitigated. 

(2)  Description of methodology used to measure impacts of the Project and effectiveness of proposed mitigation measures. 

(3)  Description, location and intervals of proposed monitoring to ensure that mitigation will be effective. 

I.   Additional Information May Be Necessary.  

The Administrator 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 without the additional information.  Such additional information required by the Administrator may include Applicant’s written responses to comments by a referral agency. 

J.  Waiver of Submission Requirements

(1)  The permit authority may waive any part but not all of the submission requirements imposed by this regulation upon petition of the applicant that full compliance with the submission requirements would not be relevant or would be unreasonably burdensome for the applicant and that the proposed development will not have an impact on the surrounding area.  Such a waiver may be granted, after due consideration by the Permit Authority, upon a written determination that the information to be submitted is sufficient for the Permit Authority to arrive at a permit decision in full compliance with the law and these regulations and that the proposed development will have an insubstantial impact on the surrounding area. 

(2)  The petition shall be considered and the decision rendered by the Permit Authority at a public hearing held in compliance with the provision of the Administrative Regulations adopted by this jurisdiction.

17.172.130 Approval Criteria 

A.  A Permit to conduct the designated activity of a municipal or industrial water project shall be approved if the Project complies with the following general criteria and any additional applicable criteria in Section 17.164 (Domestic Water and Sewer Systems).  If the Project does not comply with any one or more of these criteria, the Permits shall be denied or may be approved with conditions. 

B.  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. 

     (2)  The Project will not impair property rights held by others.

     (3)  The Project is consistent with relevant provisions of applicable land use and water quality plans. 

     (4)  The applicant has the necessary expertise and financial capability to develop and operate the Project consistent with all requirements and conditions. 

     (5)  The Project is technically and financially feasible. 

     (6)  The Project is not subject to significant risk from natural hazards. 

      (7)  The Project will not have a significant adverse effect on land use patterns.

      (8)  The Project will not have a significant adverse effect on the capability of local governments affected by the Project to provide services, or exceed the capacity of service delivery systems. 

      (9)  The Project will not create an undue financial burden on existing or future residents of the County.  

     (10) The Project will not significantly degrade any current or foreseeable future sector of the local economy. 

     (11) The Project will not have a significant adverse effect on the quality or quantity of recreational opportunities and experience.  

     (12) The planning, design and operation of the Project shall reflect principals of resource conservation, energy efficiency and recycling or reuse. 

     (13) The Project will not significantly degrade air quality.  

     (14) The Project will not significantly degrade existing visual quality. 

     (15) The Project will not significantly degrade surface water quality. 

     (16) The Project will not significantly degrade groundwater quality.  

     (17) The Project will not significantly degrade wetlands and riparian areas.  

     (18) The Project will not significantly degrade terrestrial or aquatic animal life or their habitats.  

     (19) The Project will not significantly deteriorate terrestrial plant life or plant habitat.  

     (20) The Project will not significantly deteriorate soils and geologic conditions nor cause significant erosion, sedimentation, or flooding.  

     (21) The Project will not cause a nuisance.

     (22) The Project will not significantly degrade areas of paleontological, historic, or archaeological importance. 

     (23) The Project will not result in unreasonable risk of releases of hazardous materials. 

     (24) The benefits accruing to the County and its citizens from the Project outweigh the losses of any natural, agricultural, recreational, grazing, commercial or industrial resources within the County or within areas which impact the County, or the losses of opportunities to develop such resources. 

     (25) The Project shall emphasize the most efficient use of water, including the recycling, reuse and conservation of water. 

     (26) The Project will not result in excess capacity in existing water or wastewater treatment services or create duplicate services. 

     (27) The Project shall be necessary to meet community development and population demands in the areas to be served by the Project. 

     (28) Urban development, population densities, and site layout and design of storm water and sanitation systems shall be accomplished in a manner that will prevent the pollution of aquifer recharge areas. 

     (29) 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.

17.172.140 Financial Guarantee 

Before any Permit is issued, the Permit Authority may, at its discretion, require the Applicant to file a guarantee of financial security deemed adequate by the Permit Authority and payable to the County, as set forth in the Administrative Regulations, §17.148.310 Security Provisions.

17.172.150 Conduct of Permit Hearing 

The Permit Authority shall conduct the permit hearing in accordance with the provisions of Chapter 17.148.270 and the same is therefore incorporated herein by this reference as though fully set forth.

17.172.160 Approval or Denial of the Permit Application by the Permit Authority 

The permit shall be acted upon by the Permit Authority in accordance with the provisions of Chapter 17.148.280 and the same is therefore incorporated herein by this reference as though fully set forth.

17.172.170 Issuance of the Permit 

The provisions of these Regulations set forth at Chapter 17.148.300 are hereby incorporated by reference and restated as though fully set forth.

17.172.180 Term of Permit

The Permit may be issued for an indefinite term or for a specific period of time, depending upon the size and complexity of the Proposed Project.  Periodic progress reports may be required to be submitted to demonstrate that the applicant is completing the development with reasonable diligence.  If the applicant fails to take substantial steps to initiate the permitted development within twelve (12) months from the date of the permit or such other time period specified in the permit, if such steps have been taken, the applicant has failed to complete the development with reasonable diligence, then the permit may be revoked or suspended in accordance with the provisions of Chapter 17.148.320.

17.172.190 Renewal

Permits issued under these Regulations may be renewed following the same procedure for approval of new permits.  The Board may impose additional conditions at the time of renewal if necessary to ensure that the Project will comply with these Regulations.

17.172.200 Permit Amendment

A. Any material change in the construction, use, or operation of a Project from that approved by the Permit Authority shall require a permit amendment.  The amendment shall be processed in accordance with and subject to the same procedures and requirements set forth herein for a new permit.

17.172.210 Permit Administration and Enforcement and Inspection 

The provisions of these regulations and any permits issued hereunder shall be administered, enforced, and inspected in accordance with the provisions of Article 5 of the Administrative Regulations, §17.148.330 through §17.148.360. Such provisions are incorporated herein by this reference as though fully set forth.

17.172.220 Transfer of Permits

A Permit may be transferred only with the written consent of the Permit Authority. The Permit Authority must ensure, in approving any transfer, that the proposed transferee can and will comply with all the requirements, terms, and conditions contained in the Permit and these Regulations; that such requirements, terms, and conditions remain sufficient to protect the health, welfare, and safety of the public; and that an adequate guarantee of financial security can be made.

17.172.230 [RESERVED]

17.172.240 Judicial Review

Any action seeking judicial review of a final decision of the Permit Authority shall be initiated within thirty (30) days after the decision is made, in the District Court in and for the County of Pueblo, pursuant to Rule 106 of the Colorado Rules of Civil Procedure.

17.172.250 Severability

If any section, clause, provision, or portion of these regulations should be found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, the remainder of this regulation shall not be affected thereby and is hereby declared to be necessary for the public health, safety, and welfare.

17.172.260 Appendix A - Criteria Guidance

A.  Following are considerations to help the applicant understand the types of things that the Permit Authority may consider on balance in determining whether a Project complies with the Permit Application Approval Criteria.

B.  These considerations are not criteria that the Project must satisfy; they serve solely as guidance.  The considerations are in regular type and the actual criteria that the considerations relate to are in bold type and underlined. 

(1)          The Project is technically and financially feasible.  

The determination of technical and financial feasibility of the Project may include but is not limited to the following considerations: 

(a)        Amount of debt associated with the Project. 

(b)        Debt retirement schedule and sources of funding to retire the debt. 

(c)        Estimated construction costs and construction schedule. 

(d)        Estimated annual operation, maintenance and monitoring costs. 

(2)         The Project is not subject to significant risk from natural hazards.  

The determination of risk from natural hazards to the Project may include but is not limited to the following considerations. 

(a)        Faults and fissures. 

(b)        Unstable slopes including landslides, rock slides and avalanche areas. 

(c)        Expansive or evaporative soils and risk of subsidence. 

(d)        Wildfire hazard areas. 

(e)        Floodplains. 

(3)        The Project will not have a significant adverse effect on land use patterns.  

The determination of effects of the Project on land use patterns may include but is not limited to the following considerations: 

(a)        Whether the Project complies with and is consistent with applicable plans. 

(b)        Likelihood that the Project will/will not cause or contribute to urban sprawl or “leapfrog” development. 

(c)        Significant changes in the amount of impervious surfaces. 

(d)        Contiguity of development associated with the Project to existing growth centers. 

(e)        Changes to unique land forms. 

(f)         Changes in the amount of character of open space. 

(g)        Changes to traffic patterns, road capacity and congestion. 

(4)        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.  

The determination of the effects of the Project on local government services may include but is not limited to the following considerations: 

(a)        Existing and potential financial capability of local governments to accommodate development related to the Project. 

(b)        Current and projected capacity of roads, schools, infrastructure, housing, and other services necessary to accommodate development, and the impact of the Project upon the current and projected capacity. 

(c)        Changes caused by the Project in the cost of providing education, transportation networks, water treatment and wastewater treatment, stormwater drainage, channel stabilization, bridges, emergency services, or other governmental services or facilities. 

(d)        Changes in short or long term housing availability, location, cost or condition. 

(e)        Need for temporary roads to access the construction of the Project. 

(f)         Change in demand for public transportation. 

(g)        Reduction in the amount of water available for future water supply in the County. 

(5)        The Project will not create an undue financial burden on existing or future residents of the County.  

The determination of the financial effects of the Project may include but is not limited to the following considerations: 

(a)        Changes in assessed valuation. 

(b)        Tax revenues and fees to local governments that will be generated by the Project. 

(c)        Changes in tax revenues caused by agricultural lands being removed from production. 

(d)        Changes in costs to water users to exercise their water rights. 

(e)        Changes in costs of water treatment or wastewater treatment. 

(f)         Effects on wastewater discharge permits. 

(g)        Changes in total property tax burden. 

(h)        Changes in costs to prevent stream channel erosion or sedimentation, or the costs of bridging streams. 

(6)        The Project will not significantly degrade any current or foreseeable future sector of the local economy.  

The determination of the effects of the Project on the economy may include but is not limited to the following considerations: 

(a)        Changes to projected revenues generated from each economic sector. 

(b)        Changes in the value or productivity of any lands.

(c)        Changes in opportunities for economic growth and diversification. 

(7)        The Project will not have a significant adverse effect on the quality or quantity of recreational opportunities and experience.  

The determination of effects of the Project on recreational opportunities and experience may include but is not limited to the following considerations: 

(a)        Changes to existing and projected visitor days. 

(b)        Changes to duration of kayaking and rafting seasons. 

(c)        Changes in quality and quantity of fisheries. 

(d)        Changes in instream flows or reservoir levels. 

(e)        Changes in access to recreational resources.

(f)         Changes to quality and quantity of hiking trails. 

(g)        Changes to the wilderness experience or other opportunity for solitude in the natural environment. 

(h)        Changes to hunting experiences. 

(8)        The Project will not significantly degrade air quality.  

The determination of effects of the Project on air quality may include but is not limited to the following considerations. 

(a)        Changes to seasonal ambient air quality. 

(b)        Changes in visibility and microclimates. 

(c)        Applicable air quality standards. 

(9)        The Project will not significantly degrade existing visual quality.  

The  determination of visual effects of the Project may include but is not limited to the following considerations: 

(a)        Visual changes to ground cover and vegetation, waterfalls and streams, or other natural features.

(b)        Interference with viewsheds and scenic vistas. 

(c)        Changes in appearances of forest canopies.

(d)        Changes in landscape character types of unique land formations. 

(e)        Compatibility of building and structure design and materials with surrounding land uses. 

(10)      The Project will not significantly degrade surface water quality.  

The determination of effects of the Project on surface water quality may include but is not limited to the following considerations: 

(a)        Changes to existing water quality, including patterns of water circulation, temperature, conditions of the substrate, extent and persistence of suspended particulates and clarity, odor, color or taste of water. 

(b)        Applicable narrative and numeric water quality standards. 

(c)        Changes in point and nonpoint source pollution loads. 

(d)        Increase in erosion.

(e)        Changes in sediment loading to waterbodies. 

(f)         Changes in stream channel or shoreline stability. 

(g)        Changes in stormwater runoff flows. 

(h)        Changes in trophic status or in eutrophication rates in lakes and reservoirs. 

(i)         Changes in the capacity or functioning of streams, lakes or reservoirs. 

(j)         Changes in flushing flows. 

(k)        Changes in dilution rates of mine waste, agricultural runoff and other unregulated sources of pollutants. 

(11)      The Project will not significantly degrade groundwater quality.  

The determination of effects of the Project on groundwater quality may include but is not limited to the following considerations: 

(a)        Changes in aquifer recharge rates, groundwater levels and aquifer capacity including seepage losses through aquifer boundaries and at aquifer-stream interfaces. 

(b)        Changes in capacity and function of wells within the impact area. 

(c)        Changes in quality of well water within the impact area.

(12)      The Project will not significantly degrade wetlands and riparian areas.  

The determination of effects of the Project on wetlands and riparian areas may include but is not limited to the following considerations: 

(a)        Changes in the structure and function of wetlands and riparian areas. 

(b)        Changes to the filtering and pollutant uptake capacities of wetlands and riparian areas. 

(c)        Changes to aerial extent of wetlands and riparian areas. 

(d)        Changes in species’ characteristics and diversity. 

(e)        Transition from wetland to upland species. 

(f)         Changes in function and aerial extent of floodplains. 

(13)      The Project will not significantly degrade terrestrial or aquatic animal life or its habitats.  

The determination of effects of the Project on terrestrial or aquatic life may include but is not limited to the following considerations: 

(a)        Changes that result in loss of oxygen for aquatic life. 

(b)        Changes in flushing flows. 

(c)        Changes in species composition or density.

(d)        Changes in number of threatened or endangered species. 

(e)        Changes to habitat and critical habitat, including calving grounds, mating grounds, nesting grounds, summer or winter range, migration routes, or any other habitat features necessary for the protection and propagation of any terrestrial animals. 

(f)         Changes to habitat and critical habitat including stream bed and banks, spawning grounds, riffle and side pool areas, flushing flows, nutrient accumulation and cycling, water temperature, depth and circulation, stratification, and any other conditions necessary for the protection and propagation of aquatic species. 

(g)        Changes to the aquatic and terrestrial food webs. 

(14)      The Project will not significantly deteriorate terrestrial plant life or plant habitat.

The determination of effects of the Project on terrestrial plant life or habitat may include but is not limited to the following considerations: 

(a)        Changes to habitat of threatened or endangered plant species. 

(b)        Changes to the structure and function of vegetation, including species composition, diversity, biomass, and productivity. 

(c)        Changes in advancement or succession of desirable and less desirable species, including noxious weeds. 

(d)        Changes in threatened or endangered species. 

(15)      The Project will not significantly deteriorate soils and geologic conditions

The determination of effects of the Project on soils and geologic conditions may include but is not limited to the following considerations: 

(a)        Changes to the topography, natural drainage patterns, soil morphology and productivity, soil erosion potential, and floodplains. 

(b)        Changes to stream sedimentation, geomorphology, and channel stability.

(c)        Changes to lake and reservoir bank stability and sedimentation, and safety of existing reservoirs. 

(d)        Changes to avalanche areas, mudflows and debris fans, and other unstable and potentially unstable slopes.

(e)        Exacerbation of seismic concerns and subsidence. 

(16)      The Project will not cause a nuisance.  

The determination of nuisance effects of the Project may include but is not limited to the following considerations:

(a)        Increase in odors. 

(b)        Increase in dust.

(c)        Increase in fumes. 

(d)        Increase in glare.

(e)        Increase in heat. 

(f)         Increase in noise.

(g)        Increase in vibration. 

(h)        Increase in artificial light. 

(i)         Increase in traffic impacts. 

(17)      The Project will not result in unreasonable risk of releases of hazardous materials.  

The determination of the risk of release of hazardous materials caused by Project may include but is not limited to the following considerations: 

(a)        Plans for compliance with federal and state handling, storage, disposal, and transportation requirements. 

(b)        Use of waste minimization techniques. 

(c)        Adequacy of spill prevention and response plans.

(18)      The Project shall emphasize the most efficient use of water, including the recycling, reuse and conservation of water.  

The determination of whether the Project emphasizes the most efficient use of water may include but is not limited to the following considerations: 

(a)        Whether the Project uses readily available conservation techniques.

(b)        Whether the Project recycles water to the greatest extent allowed by law. 

(19)      The Project will not result in excess capacity in existing water or wastewater treatment services or create duplicate services.  

The  determination of whether the Project will result in excess capacity or create duplicate services may include but is not limited to the following considerations: 

(a)        Whether the Project creates overlapping or competing service areas. 

(b)        Whether the Project differs significantly from the provider’s facility plan. 

(c)        Whether the Project impacts other water and wastewater permits. 

(20)      The Project shall be necessary to meet community development and population demands in the areas to be served by the Project.  

The determination of whether the Project meets community development and population demands may include but is not limited to the following considerations: 

(a)        Relationship to reasonable growth projections and local land use plans. 

(b)        Relationship to other water and wastewater provider’s service area. 

(21)      Urban development, population densities, and site layout and design of storm water and sanitation systems shall be accomplished in a manner that will prevent the pollution of aquifer recharge areas

The determination of potential for pollution of the aquifer recharge areas by the Project may include but is not limited to the following considerations: 

(a)        Proximity of urban development and population densities to aquifer recharge areas. 

(b)        Proximity of stormwater and sanitation systems to aquifer recharge areas. 

(c)        Changes in water quality in the aquifer recharge areas. 

(22)      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 determination of whether the Project is reasonably necessary may include but is not limited to the following considerations: 

(a)        Relationship to reasonable growth projections and local land use plans. 

(b)        Relationship to other water and wastewater provider’s service area. 

(c)        Whether the Project is not in compliance with regulatory or technological requirements or will not be in compliance in the near future. 

(23)      To the extent feasible, wastewater and water treatment facilities shall be consolidated with existing facilities within the area.  

The determination of whether consolidation is feasible shall include but is not limited to the following considerations: 

(a)        Whether there is an opportunity for consolidation. 

(b)        The environmental, financial and social feasibility of consolidation. 

(24)      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.  

The determination shall include but is not limited to the following considerations: 

(a)        Relationship to reasonable growth projections and local land use plans. 

(b)        Proximity to other water and wastewater provider’s service area. 

(25)      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 determination shall include but is not limited to the following considerations: 

(a)        Relationship of the Project to approved land use plans for the area. 

(b)        The environmental, financial and social impacts related to such development.