P r o c e d u r e s M a n u a l

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1 E l P a s o C o u n t y D e v e l o p m e n t S e r v i c e s D e p a r t m e n t P r o c e d u r e s M a n u a l Subject: DEVIATION REVIEW AND DECISION FORM Page 1 of 5 Date Issued: 12/31/07 Revision Issued: N/A Rescinded: N/A 1.1. PURPOSE The purpose of this resource is to provide a form for documenting the findings and decision by the ECM Administrator concerning a deviation request BACKGROUND A deviation is a critical aspect of the review process and needs to be documented to ensure that the deviations granted are applied to a specific development application in conformance with the criteria for approval and that the action is documented as such requests can point to potential needed revisions to the ECM APPLICABLE STATUTES AND REGULATIONS Section 5.9 of the ECM establishes a mechanism whereby an engineering design standard can be modified when if strictly adhered to, would cause unnecessary hardship or unsafe design because of topographical or other conditions particular to the site, and that a departure may be made without destroying the intent of such provision APPLICABILITY All provisions of the ECM are subject to deviation by the ECM Administrator provided that one of the following conditions is met: The ECM standard is inapplicable to a particular situation. Topography, right-of-way, or other geographical conditions or impediments impose an undue hardship on the applicant, and an equivalent alternative that can accomplish the same design objective is available and does not compromise public safety or accessibility. A change to a standard is required to address a specific design or construction problem, and if not modified, the standard will impose an undue hardship on the applicant with little or no material benefit to the public TECHNICAL GUIDANCE The review shall ensure all criteria for approval are adequately considered and that justification for the deviation is properly documented RELATED PROCEDURES Governing Procedures P-AR Deviation Other Related Procedures P-AR Administrative Relief E l P a s o C o u n t y D e v e l o p m e n t S e r v i c e s D e p a r t m e n t P r o c e d u r e s M a n u a l

2 1.7. RESOURCE El Paso County Development Services Department Subject: DEVIATION REVIEW AND DECISION FORM Attached is the Deviation Review and Decision Form that is used by the applicant/engineer for requesting and justifying a deviation. The form is reviewed by the ECM Administrator and approved or denied. The form is used to document the review and decision concerning a requested deviation. The request and decision concerning each deviation from a specific section of the ECM shall be recorded on a separate form. El Paso County Development Services Department Procedures Manual Page 2 of 5

3 Development Services Department 2880 International Circle Colorado Springs, Colorado Phone: Fax: Website D E V I A T I O N R E V I E W A N D D E C I S I O N F O R M DSD FILE NO.: General Property Information: Address of Subject Property (Street Number/Name): Maltese Point Tax Schedule ID(s) #: , Legal Description of Property: Lots 9&10 Rolling Thunder Business Park, Fil. No. 1 Subdivision or Project Name: Lots 9&10, Rolling Thunder Business Park, Fil. No. 1 Provide the title of this section Section of ECM from Which Deviation is Sought: _ Appendix I Section B Specific Criteria from Which a Deviation is Sought: _ Providing Water Quality for Entire Development Applicant Information: Applicant: _ M&S Civil Consultants, Inc. Address: virgils@mscivil.com Applicant is: Owner _X Consultant Contractor Mailing Address: _PO Box 1360 State: _CO Postal Code: _80901 Telephone Number: Fax Number: Engineer Information: Engineer: Virgil A. Sanchez, P.E. Address: virgils@mscivil.com Company Name: M&S Civil Consultants, Inc. Mailing Address: PO Box 1360 State: _CO Postal Code: _80901 Registration Number: State of Registration: CO Telephone Number: Fax Number: Explanation of Request (Attached diagrams, figures and other documentation to clarify request): Section of ECM from Which Deviation is Sought: Appendix I Section B Specific Criteria from Which a Deviation is Sought:: Providing Water Quality for Entire Development Proposed Nature and Extent of Deviation: _ Approximately 9.5% (0.16 acres of acres) of the proposed development will not reach the existing EDB designated for this area. The flows generated by Basin D is a proposed landscaped area that flows shall drain directly to Golden Sage Road and will eventually outfall to an existing storm sewer collection system at the Southwest corner of Lot 9 and ultimately discharges to the East Fork Sand Creek. The Rolling Thunder Business Park Owners Association is responsible for the maintenance of the existing EDB. The proposed develop shall not adversely affect the downstream infrastructure. Reference the MS4 permit Section 4.a.iv.(A) as justification for the deviation. 2 Provide documentation showing the basin area which is not treated for WQCV.

4 DEVIATION REVIEW AND DECISION Page 2 of 3 Application Consideration: CHECK IF APPLICATION MEETS CRITERIA FOR CONSIDERATION The ECM standard is inapplicable to a particular situation. JUSTIFICATION Topography, right-of-way, or other geographical conditions or impediments impose an undue hardship on the applicant, and an equivalent alternative that can accomplish the same design objective is available and does not compromise public safety or accessibility. A change to a standard is required to address a specific design or construction problem, and if not modified, the standard will impose an undue hardship on the applicant with little or no material benefit to the public. The flows from the portions of the project site that will not reach the WQF are due to the nature of the natural slope of the site, and directing these flows to the existing EDB is unobtainable. Provide further information here. Explain further why it is not practicable to grade the stormwater towards the proposed swale. Give supplemental documents to support your justification. If at least one of the criteria listed above is not met, this application for deviation cannot be considered. Criteria for Approval: PLEASE EXPLAIN HOW EACH OF THE FOLLOWING CRITERIA HAVE BEEN SATISFIED BY THIS REQUEST The request for a deviation is not based exclusively on financial considerations. The deviation will achieve the intended result with a comparable or superior design and quality of improvement. adversely affect safety or operations. adversely affect maintenance and its associated cost. adversely affect aesthetic appearance. Does not relate to financial considerations _ The design meets the intent for drainage, and does not create a safety concern, operation concern or maintenance issue. Provide more detail in these sections. Explain further how each criteria has been _N/A satisfied. N/A Don't leave these sections blank. You have to provide a detailed explanation for each section. Owner, Applicant and Engineer Declaration: El Paso County Procedures Manual DSD File No.

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