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CM0001507 <br />STAFF REPORT: Climax Mine File No. 1041-0072 <br />BoCC Hearing Date: June 24, 2008 <br />(2) The Project will not result in excess capacity in existing water or wastewater treatment <br />services or create duplicate services. <br />Not applicable; the Project does not provide water or wastewater treatment services. <br />[N/A] FINDING: (2) Excess capacity/ duplicate services, The Project SHALL NOT result in excess <br />capacity in existing water or wastewater treatment services or create duplicate services. <br />(3) The Project shall be necessary to meet community development and population <br />demands in the areas to be served by the Project. <br />Not applicable; the Project is not intended to meet community development or population demands. <br />[N/A] FINDING: (3) Necessity. The Project IS NOT necessary to meet community development and <br />population demands in the areas to be served by the project. <br />(4) Urban development, population densities and site layout and design of storm water and <br />sanitation systems shall be accomplished in a manner that will prevent the pollution of <br />aquifer recharge areas. <br />The Project will not affect any areas of groundwater recharge, nor will it change storm water management <br />operations at the Project site. <br />[+] FINDING: (4) Protection of Aquifer Recharge Areas. Urban development, population densities <br />and site layout and design of storm water and sanitation systems SHALL BE accomplished in a <br />manner that will prevent the pollution of aquifer recharge areas. <br />C. Special Use Permit Waiver: In accordance with Chapter II, Article 3, Section 3.310.1.2, Waiver <br />Provision, of the Eagle County Land Use Regulations, the Special Review Use Permit application <br />for water and sewer projects may be waived in whole or in part by the Board of County <br />Commissioners upon a written petition by the applicant showing that: <br />3.310.1.2.a. A permit application pursuant to Chapter 6, Sections one through five of the Eagle <br />County Guidelines and Regulations for Matters of State Interest has been submitted <br />to the Eagle County Permit Authority relative to this land use which would be the <br />subject of a special use permit application. <br />3.310.1.2.b. Compliance with the Special Use Review Permit requirements would be <br />unreasonably burdensome for the applicant. <br />The applicant requests a waiver of the Special Use Review Permit requirements as such application <br />would serve no further legitimate planning, zoning or other land use objective. <br />Staff Report Date: 06.24.08 Eagle County Community Development <br />Page 10 of 11 <br />• <br /> <br />