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.