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CM0001517 <br />(4) The Project shall be permitted in those areas in which the anticipated growth and <br />development that may occur as a result of such extension can be accommodated <br />within the financial and environmental capacity of the area to sustain such growth <br />and development. <br />Special Use Permit Waiver: In accordance with Chapter II, Article 3, Section 3.310.1.2, <br />Waiver Provision, of the Eagle County Land Use Regulations, the Special Review Use <br />Permit application for water and sewer projects may be waived in whole or in part by the <br />Board of County Commissioners upon a written petition by the applicant showing that: <br />3.310.I.2.a. A permit application pursuant to Chapter 6, Sections one through five of the <br />Eagle County Guidelines and Regulations for Matters of State Interest has <br />been submitted to the Eagle County Permit Authority relative to this land use <br />which would be the subject of a special use permit application. <br />3.310.I.2.b. Compliance with the Special Use Review Permit requirements would be <br />unreasonably burdensome for the applicant. <br />The applicant has requested a waiver of the Special Use Review Permit requirements as such <br />application would serve no further legitimate planning, zoning or other land use objective. <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: <br />THAT, the Applicant's request for waiver of the Special Use Permit requirements in • <br />accordance with Section 3-31012 of the Eagle County Land Use regulations is hereby granted. <br />THAT, the Board of County Commissioners hereby directs the Department of <br />Community Development to provide a copy of this Resolution to the Applicant. <br />THAT, the permit for Major Extension of Existing Water and Sewage treatment Systems <br />and for Efficient Utilization of a Municipal Water Project be and is hereby conditionally granted <br />subject to the following conditions of approval: <br />1. That except as otherwise modified by the Permit, all material representations of <br />the Applicant in this permit application, correspondence, and public meetings <br />shall be adhered to and considered conditions of approval, unless otherwise <br />amended by other conditions. <br />2. The Applicant agrees to annually certify the proper operation of the collection <br />system designed to intercept seepage from Robinson Lake by Dec. 31 each year <br />and present certification to the Eagle County Environmental Health Director. <br />3. No findings or approvals in File No. 1041-0072 shall preclude Eagle County from <br />bringing, joining or defending against any pending or future water court, <br />administrative, or judicial matter associated with the climax mine operations, nor <br />4