Article 3. Permit Applications  

2.301.   Permit Application

(1)

If an Administratively Approved Permit is not granted, then any person desiring to engage in development in a designated area of state interest or to conduct a designated activity of state interest shall first apply for and obtain a Permit from the Permit Authority, in the form attached hereto as Exhibit B or such form(s) as shall be approved by the Director, and maintained in the office of the Development Services Department. Applications for Permits shall be submitted to the Development Services Department. In the event a development or activity is proposed as an integral part of a subdivision or planned unit development, it shall be the responsibility of the service provider and/or developer to comply with these Regulations.

(2)

A Permit application shall not be accepted unless it is complete. A request for waiver of submission requirements shall not render the application incomplete. If the application is determined to be incomplete by the Development Services Director, the Director shall specify what additional information is required. An application need not meet the submission requirements for other than the particular development alternative for which a Permit is being sought in order to be considered complete. When a submitted application is determined to be complete by the Development Services Director, the Director shall note upon the application the date and hour of its receipt.

(3)

The Permit Authority shall approve an application for a Permit to develop within an area or conduct activity of state interest if the proposed development or activity complies with the applicable criteria in these Regulations. If the proposed development or activity does not comply with these criteria, the Permit shall be denied or it may be approved with conditions.

(4)

When an applicant seeks a Permit to engage in development in more than one area of state interest and/or to conduct more than one activity of state interest, a single application may be completed for all such developments or activities and may be reviewed by the Permit Authority in one consolidated hearing, and, if approved, a single Permit for all requested areas/activities may be granted.

2.302.   Permit Application Fee and Costs

(1)

Within ten (10) days following receipt of a completed application for a Permit, the Development Services Department shall determine and set an estimated fee in an amount necessary to cover the costs incurred in the review and action upon the Permit application, including costs of copying, mailings, publications, labor, overhead and retention of consultants, experts and attorneys that the Department deems necessary to advise it on the application package, all hearings conducted therefor, and shall notify the applicant in writing of the fee. Not later than ten (10) days following receipt of such notice, the applicant shall present to the Department cash, or a cashier's or certified check in the amount set. Until the fee is paid to the Development Services Department, the application shall not be further processed. The Department will determine the final fee at the conclusion of the Permit hearing, which must be paid by the applicant before the Permit is issued.

(2)

The actual costs incurred by the County to process the application shall be deducted from the application fee. The Department 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 Department, 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. Any portion of the application fee which is not necessary to cover the cost of processing the application will be reimbursed to the applicant at the conclusion of all actions necessary to process the application. Any interest earned shall be refunded to the applicant.

(3)

The Development Services Director reserves the right to waive all or a portion of the fees and costs imposed by this Section if determined to be reasonably justified by the Director.

(4)

In the event of any litigation challenging a Permit or the Permit Authority's action on the same, each party shall bear its own attorney fees and costs and such shall automatically become a condition of any issued Permit.

2.303.   Submission Requirements for All Permit Applications; Waivers

In addition to specific submission requirements listed at Sections 3.201, 4.201, 5.201, 6.201, 7.201, 8.201, and 9.201, all applications for a Permit under these Regulations shall be accompanied by copies of the following materials in the number required by the Director. Additional materials may be required by the Director for a particular type of Project. To the extent an applicant has prepared or submitted materials for a federal, state or local Permit, which are substantially the same as required herein, a copy of those materials may be submitted to satisfy the corresponding submission required below. The Development Services Director may waive any part, but not all, of the submission requirements imposed by these Regulations upon petition of the applicant that full compliance with the submission requirements would be irrelevant or insignificant and that the submission requirements so waived would not address or disclose a substantial impact on the County or its residents. A waiver of submission requirements may be granted by the Development Services Director 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. In the event the waiver request is denied, the applicant may file a written appeal of the same within five (5) days with the County Administrator, whose decision on the same shall be final and non-appealable. Thereafter, the applicant shall provide the required additional information before a hearing date will be scheduled.

(1)

Completed application form in the format attached as Exhibit B and approved by the Development Services Director.

(2)

The Director may require submission of any plan, study, survey or other information, in addition to the information required by this Section, at the applicant's expense, as in the Director's judgment is necessary to enable it to review and act upon the application.

(3)

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 El Paso 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 C.R.S. § 24-65.5-101, et seq.

(4)

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)

Written 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.

(5)

Information describing the Project.

(a)

Vicinity map showing the proposed site and the surrounding area.

(b)

Executive summary of the proposal indicating the scope and need for the Project.

(c)

Plans and specifications of the Project in sufficient detail to evaluate the application against the applicable Review Criteria.

(d)

Descriptions of alternatives to the Project considered by the applicant. If the Director 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 Director may require the applicant to evaluate and present information on such additional alternatives as part of the application.

(e)

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

(f)

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.

(g)

Description of relevant conservation techniques to be used in the construction and operation of the Project.

(h)

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

(i)

List of adjacent property owners and their mailing addresses.

(6)

Property rights, other permits and approvals.

(a)

Description of property rights that are necessary for or that will be affected by the Project, including easements and property rights proposed to be acquired through negotiation or condemnation.

(b)

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 related to the Project that have been granted.

(c)

Copies of relevant 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.

(7)

Land Use.

(a)

Provide a map at a scale relevant to the Project and acceptable to the Department describing existing land uses and existing zoning of the proposed Project area and the Project service area, including peripheral lands which may be impacted. The land use map shall include but need not necessarily be limited to the following categories: residential, commercial, industrial, extractive, transportation, communication and utility, institutional, open space, outdoor recreation, agricultural, forest land and water bodies. Show all special districts (school, fire, water, sanitation, etc.) within the Project area.

(b)

All immediately affected public land boundaries should be indicated on the map. Potential impacts of the proposed development upon public lands will be visually illustrated on the map as well as described in the text.

(c)

Specify whether and how the proposed Project conforms to the El Paso County Master Plan.

(d)

Specify whether and how the proposed Project conforms to applicable regional and state planning policies.

(e)

Specify whether and how the proposed Project conforms to applicable federal land management policies.

(f)

If relevant to the Project design, describe the agricultural productivity capability of the land in the Project area, using Soils Conservation Service soils classification data.

(g)

Describe the probability that the Project may be significantly affected by earthquakes, floods, fires, snow, slides, avalanches, rockslides or landslides and any measures that will be taken to reduce the impact of such events upon the Project.

(h)

Specify if excess service capabilities created by the proposed Project will prove likely to generate sprawl or strip development.

(i)

Specify whether the demand for the Project is associated with development within or contiguous to existing service areas.

(8)

The applicant shall supply a surface and subsurface drainage analysis.

(9)

Financial feasibility of the Project.

(a)

Relevant bond issue, loan and other financing approvals or certifications (ex: approved bond issues; bond counsel opinion).

(b)

Business plan that generally describes the financial feasibility of the Project.

(10)

Local infrastructure and services impacts. An impact analysis that addresses the manner in which the applicant will comply with the relevant Permit Application Review Criteria. The impact analysis shall include the following information: 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 the Project within El Paso County.

(11)

Recreational Opportunities. Description of the impacts and net effect of the Project on present and potential recreational opportunities.

(12)

Areas of Paleontological, Historic or Archaeological Importance. Description of the impacts and net effect of the Project on sites of paleontological, historic or archaeological interest.

(13)

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

(14)

Air Quality. Description 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, considering particulate matter and aerosols, oxides, hydrocarbons, oxidants, and other chemicals, temperature effects and atmospheric interactions.

(15)

Visual Quality. Description of the impacts and net effect that the Project would have on visual quality, considering viewsheds, scenic vistas, unique landscapes or land formations within view of the Project area.

(16)

Surface Water Quality.

(a)

Map and/or description of all surface waters relevant to the Project, including description of provisions of the applicable regional water quality management plan, and NPDES Phase II Permit and necessary El Paso County Erosion and Stormwater Quality Control Permit ("ESQCP"), Section 404 Federal Clean Water Act Permit 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.

(17)

Groundwater Quality.

(a)

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

(i)

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

(ii)

Artesian pressure in said 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 the 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 potentially affected by the Project and their uses.

(b)

Description of the impacts and net effect of the Project on groundwater.

(18)

Water Quantity.

(a)

Map and/or description of existing stream flows and reservoir levels relevant to the Project.

(b)

Map and/or description of existing minimum stream flows held by the Colorado Water Conservation Board.

(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.

(19)

Floodplains, Wetlands and Riparian Areas; Terrestrial and Aquatic Animals, Plant Life and Habitat. Applicant shall only provide description of foregoing natural conditions, animal and plant life at, but not to exceed, the level of detail required by other federal or state Permits or reviews which are applicable to the Project.

(20)

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, all as relevant to the Project area.

(b)

Descriptions of the risks to the Project from natural hazards.

(c)

Descriptions of the impacts and net effect of the Project on soil and geologic conditions in the area.

(21)

Hazardous Materials.

(a)

Description of all solid waste, hazardous waste, petroleum products, 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 plans and structures.

(22)

Monitoring and Mitigation Plan.

(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.

(i)

Describe how and when mitigation will be implemented and financed.

(ii)

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.

(23)

Additional Information. The Director may request that the applicant supply additional information related to the Project if the Director and/or the Permit Authority will not be able to make a determination on any one of the applicable Review Criteria without the additional information. Such additional information may include applicant's written responses to comments by a referral agency.

2.304.   Simultaneous Processing of Other County Permits.

In the event a special use Permit, rezoning, or other land use Permit is required under the LDC for a proposed activity which is also governed by these Regulations, review of the required Permit under these Regulations may be combined with review of the other Permit application pursuant to the following procedure:

(1)

The submission requirements for a special use Permit, rezoning, or other land use Permit as established by the Director may be combined with those for the relevant Permit under these Regulations and duplication eliminated.

(2)

The Planning Commission hearing if required by the LDC for a special use permit, rezoning, or other land use Permit must precede the Board of County Commissioners' hearing on the relevant Permit under these Regulations.

(3)

The Board of County Commissioners' hearing on the special use Permit, rezoning, or other land use Permit may be combined with the Board's hearing on the relevant Permit under these Regulations.

(4)

At the close of the combined hearing, the Board shall act first on the special use Permit, rezoning, or other land use Permit application, and either approve, approve with conditions or deny the same, as contemplated by the LCD.

(5)

In the event the special use Permit, rezoning, or other land use Permit is denied, the Board shall not act upon the application for the relevant Permit under these Regulations, in recognition of the fact that no Permit under these Regulations may be issued if another required County Permit is not obtained or is denied.

(6)

In the event the Board approves the special use permit, rezoning, or other land use Permit application, with or without conditions, the Board then shall proceed to take action on the application for the relevant Permit under these Regulations.

(7)

Subsequent to approval of a special use Permit, rezoning, or other land use Permit under this combined procedure, the Permit holder shall, if required by the terms of the special use Permit, rezoning, or other land use Permit, apply for renewals of the same in the manner prescribed by the LDC.

2.305.   Referral Agencies

The Development Services Director may, in his or her discretion refer any pre-application and/or Permit application submittal to any outside review agency. Copies of any such referral agency comments received shall be promptly forwarded to the applicant for its response.

2.306.   Review by the County Engineer

The County Engineer, in consultation with the Development Services Director, shall provide review and approval of submitted engineering documents accompanying applications for Permits under these Regulations. The County Engineer will be signatory to review of all engineering design-related review documents and final Permit documents issued.