The El Paso County Board of Commissioners approved the final plat for the Eagle Forest subdivision in Black Forest with an amendment.
The meeting was continued on May 28 from May 14 and during the initial meeting the BOCC questioned a clearance letter needed from the U.S. Fish and Wildlife Service as a condition of approval.
Before the final plat went before the BOCC, the planning commission approved it subject to conditions and notions. Condition number one states, “The developer shall comply with federal and state laws, regulations, ordinances, review and permit requirements and other agency requirements, if any, of applicable agencies including, but not limited to, the Colorado Division of Wildlife, Colorado Department of Transportation, U.S. Army Corps of Engineers and the U.S. Fish and Wildlife Service regarding the Endangered Species Act, particularly as it relates to the Preble's Meadow Jumping Mouse as a listed threatened species.”
Condition three states, “Prior to issuance of a construction permit, the applicant and / or developer shall provide a clearance letter from the U.S. Fish and Wildlife Service.”
During the May 28 meeting commissioners said they do not support condition three because the applicant is already complying with the law in condition one.
“Condition one covers exactly what we need to cover under the law,” Commissioner Amy Lathen said.
Commissioner Darryl Glenn made a motion to approve the final plat excluding condition three.
“I believe that if we did not have condition one that we would be required to have condition three. I believe that we are on actual notice. I believe that condition one satisfies those requirements by incorporating that into our approval,” Glenn said. “I think we have satisfied those requirements.”
The BOCC unanimously approved the final plat excluding condition three. The subdivision is to have nine single-family lots on a little more than 44 acres with the lot sizes three to five acres and five acres of open space.