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HomeMy WebLinkAboutpitkin.planning.264316102010 (2008)(2)DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING ANNUAL REVIEW APPROVAL TO THE ELAM GRAVEL PIT SPECIAL REVIEW PERMIT Resolution No.~-2008 RECITALS 1. By Resolution No. 88-47, the Board of County Commissioners of Pitkin County, Colorado (BOCC), granted a special review use permit to Elam Construction, Incorporated (Applicant) for the Elam Sand and Gravel Pit and Asphalt /Hot Mix/Concrete plant pursuant to Section 3-210.10 (formerly Section 3-6) of the Pitkin County Land Use Code. 2. By Resolution No. 99-69, the BOCC extended the special review approval for ] 0 years, until April 14, 2009. 3. By Resolution No. 129 -2006, the BOCC permitted an expansion of the pit and an extension of the permit for 20 years, until 2026. 4. Resolution No. 129-2006 requires an annual review of the Elam operations at a public heazing for compliance with all terms and conditions of the resolution and subsequent resolutions. 5. On May 14, 2008, the BOCC held the annual review of the Elam Sand and Gravel Pit special review permit for the operation year of 2007 where members of the public had opportunity to voice their comments. 6. The BOCC determined that the Applicant has been operating in compliance with the terms of Resolution No. 129-2006. NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Pitkin County, Colorado, hereby accepts the Elam Construction, Incorporated Annual Review Report and requires the following measures in order to find Elam in compliance with terms and conditions of approval. 1. All material representations made by the applicant in the application, in subsequent correspondence, and at the public hearing shall be adhered to and considered conditions of approval. 2. The applicant shall continue to be bound by all conditions of Res. No. 129-2006. 3. The septic system absorption area for the employee RV pazk shall be reseeded with native grasses by October 31, 2008, and a permanent barrier shall be installed that will preclude vehicle traffic over the absorption area. RECEPTION#: 550140, 08/09/2008 at 01:01:14 PM, t of 2, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO Resolution No.~-2008 Page 2 4. The "Baseline Vegetation Assessment" and revegetation proposals will be reviewed by the Pitkin County Land Manager for adequacy and appropriateness. Any concerns will be discussed at the next annual review. 5. Continued efforts will be made to explore the feasibility of vegetative screening between the subject parcel and the Braun property. This will be discussed again at the 2008 Annual Review (January 2009). 6. Additional signage shall be placed on the Elam property alerting truckers to safety concerns and reminding them of sanctions for unsafe activities. Location and wording of such signage shall be coordinated with Community Development. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON APRIL 13, 2008. APPROVED AND ADOPTED ON THE 14th DAY OF MAY, 2008. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO i / Jones By i~ ~~ ; ' ~.l`r.:.u , . Clerk and ecorder ~ck Hatfield, ~ airman ,- Date G ~~..:, % < Z'' APPROVED AS TO FORM: John Ely .~unty_Attomey home\Iancecklemre508. doc APPROVED AS TO CONTENT: Cindy Houben Community Development Director 264316102010 P032-08 MEMORANDUM DATE: May 14, 2008 TO: Board of County Commissioners THROUGH: Cindy Houben, Community Development Director FROM: Lance Cl ~e Assistant Director SUBJECT: Elam Construction, Incorporated, Special Use Permit Annual Review for 2007 Operating Season (Vagneur Pit) REQUEST: On October 11, 2006, the Board of County Commissioners approved an expansion and a 20 year extension of the Special Use Permit for the Elam Construction, Sand and Gravel Pit and Asphalt/ Hot Mix/ Concrete Plant. As a condition of this permit, the County required an annual public hearing for the operator to demonstrate compliance with the conditions of the permit, for the County to require corrective measures or to impose new conditions, and to provide an opportunity for citizen comment on the operations. APPLICANT: Elam Construction, Incorporated. APPLICANT'S REPRESENTATIVE: Gayle Lyman, Elam Property Manager LOCATION: Elam Construction Sand and Gravel Pit and Asphalt/Hot Mix/ Concrete Plant, 7911 Upper River Road, Woody Creek. ZONING: RS-20. PROCESS: This current review is to assess Elam's yeaz 2007 compliance with the standards set in Resolution No. 129-2006 (attached). REFERRAL COMMENTS: This item was referred to Environmental Health/ Natural Resources and the Woody Creek Caucus. The Caucus referral mentions specific concerns, including independent truckers' driving habits, road resurfacing, and monitoring of the "trailer camp". Elam has provided a written response to the Woody Creek comments. The EH/NRD performed a site visit on April 14 and found nothing untowazd. RECOMMENDATION: Staff recommends that the Board approve the following motion, "to accept the Elam annual report for 2007 operations subject to the attached resolution." nnn ATTACHMENTS: 1) Draft Resolution for Annual Review 2) EH/NRD Referral 3) Woody Creek Caucus Referral 4) Elam Response to WCC 4) Res. No. 129-2006 5) Application lancec/elmanrv08memo.doc 00000? RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITHIN COUNTY, COLORADO, GRANTING ANNUAL REVIEW APPROVAL TO THE ELAM GRAVEL PIT SPECIAL REVIEW PERMIT Resolution No. -2008 RECITALS 1. By Resolution No. 88-47, the Board of County Commissioners of Pitkin County, Colorado (BOCC), granted a special review use permit to Elam Construction, Incorporated (Applicant) for the Elam Sand and Gravel Pit and Asphalt /Hot Mix/Concrete plant pursuant to Section 3-210.10 (formerly Section 3-6) of the Pitkin County Land Use Code. 2. By Resolution No. 99-69, the BOCC extended the special review approval for 10 yeazs, until April 14, 2009. 3. By Resolution No. 129 -2006, the BOCC permitted an expansion of the pit and an extension of the permit for 20 years, unti12026. 3. Resolution No. 129-2006 requires an annual review of the Elam operations at a public hearing for compliance with all terms and conditions of the resolution and subsequent resolutions. 4. On May 14, 2008, the BOCC held the annual review of the Elam Sand and Gravel Pit special review permit for the operation year of 2007 where members of the public had opportunity to voice their comments. 5. The BOCC determined that the Applicant has been operating in compliance with the terms of Resolution No. 129-2006. NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Pitkin County, Colorado, hereby accepts the Elam Construction, Incorporated Annual Review Report and requires the following measures in order to find Elam in compliance with terms and conditions of approval. 1. All material representations made by the applicant in the application, in subsequent correspondence, and at the public hearing shall be adhered to and considered conditions of approval. 2. The applicant shall continue to be bound by all conditions of Res. No. 129-2006. 3. The septic system absorption azea for the employee RV park shall be reseeded with native grasses by October 31, 2008, and a permanent barrier shall be installed that will preclude vehicle traffic over the absorption azea. 000003 Resolution No. _-2008 Page 2 4. The "Baseline Vegetation Assessment" and revegetation proposals will be reviewed by the Pitkin County Land Manager for adequacy and appropriateness. Any concerns will be discussed at the next annual review. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON APRIL 13, 2008. APPROVED AND ADOPTED ON THE 14th DAY OF MAY, 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Jeanette Jones Deputy Clerk and Recorder APPROVED AS TO FORM: John Ely County Attorney home\lancec\elamres08. doc 264316102010 P032-08 By. Jack Hatfield, Chairman APPROVED AS TO CONTENT: ~ ~~..r c~,~.Q ~,~~- Ci do y Houben Community Development Director 000004 MEMORANDUM To: Lance Clark, Community Development Department From: Warren Rider and Nancy MacKenzie, Pitkin County Environmental Health & Natural Resources Department Date: May 1, 2008 Re: ElamNagneur Gravel Pit Annual Review Parcel ID # 2843-181-02-010; Case P032-08 ------------------------------------------------- ------------------------------------------------- SUMMARY OF RELEVANT PARTS OF APPLICATION: Annual review of the operation at the Elam site for compliance or non-compliance with the conditions of the permit and the County Land Use Code. A visit to the site was conducted on April 14, 2008, by Nancy MacKenzie, Warren Rider, Lance Clark, and Cari Ann Holcomb of the Pitkin County Community Development Department. David Heiberger, manager of the Elam operation was on site for the visit. There was limited activity in the pit at the time of the visit. The Pitkin County Environmental Health & Natural Resources Department (EH/NR) has reviewed the details of the Elam/Vagneur Gravel Pit permit application under the authority of the Pitkin County Land Use Code and has the following comments: WATER SUPPLY Potable drinking water is provided to staff and the RV Park in bottled form SEWAGE TREATMENT AND COLLECTION The office and the RV Park are each served by onsite wastewater treatment systems (OWTSs) Heiberger stated that the tanks are pumped more frequently than the frequency defined in County OWTS regulations. An invoice was provided that indicated both tanks were pumped on 4/7/08. In 2006 the earthmoving contractor for the Woody Creek Trailer Park had stockpiled earth on top of the absorption area component of the RV Park OWTS. The contractor has removed the earth and the absorption area has been barricaded, but the area must be reseeded. This area is adjacent to the new water tank that will serve the Park. When the water tank area is completed, but no later than this fall, the absorption area of the OWTS must be reseeded with native grasses and a permanent type barrier installed so there can be no vehicle traffic over the absorption area. PrWed on Re yrkd Paper I ~~ 000005 AIR QUALITY One complaint was received in May 2007 of a large amount of dust blowing over the berm and towards a house on the Woody Creek Road. MacKenzie was told by Gayle Lyman of Elam that a LaFarge employee error caused a hose to become disconnected and spill dry cement. At about the same time a 'dust devil' crossed the property. Lyman said that they will commit to checking all hoses and replacing safety pins if necessary. NOISE During the site visit there was no noise since minimal activity was occurring at the site. Elam has developed a protocol for conducting their own noise monitoring. The protocol includes noise measurements at the various locations along the property boundary during all mining operations. The results are documented in a field logbook and maintained in company files for review by the County and the public. These files were reviewed by MacKenzie and Clark at the time of the site visit. The reports indicate that Elam is in compliance with the County Code's Noise Abatement regulations. CONFORMANCE WITH RESPECT TO OTHER ISSUES Fuel Storage Areas: Containment tanks were properly positioned and in good condition. No stained soil was observed. One fuel storage tank is not being used and will be removed. Contaminated water in the containment structure will be pumped out and taken to an approved sight for disposal. WATER RESOURCES Sample reports were on-site and in good order. No contaminants had been identified in the water samples or the soil samples tested during the permit period. Snow storage areas were well maintained away from the low-lying areas of the gravel operations. Future operations for snow storage will be exclusively located at the highest portions of the pit and will be graded to ensure infiltration of snow melt waters. Recommendation: The EH/NR Department recommends approval of the application with the stated staff conditions and commitments from the applicant noted above. PMled on RecYCled Peper Z. ooooos 1 ~_or 22 08 12:22p Janet K. Schoeberlein 970-922-7295 "'~~ ^ ~ Woody Creek Caucus District Planning Commission P. O. Box 297 Woody Creek, Colorado 81656 April 21, 2008 TO: Pitkin County Community Development Dept_ 130 S. Galena St. Aspen, CO. 81611 Attn: Lance Clarke Re: ElamNagneur Gravel Permit Annual Review (Case P032-08;PID 2643-161-02-010) The Woody Creek Caucus District Planrting Commission has reviewed the subject application, and makes the following recommendations and comments in regard to the "Baseline Vegetation Assessment and Revegetation PIan" only. Other aspects of the Annual Report will be separately addressed. We approve the effort to obtain a baseline vegetation assessment and guidelines for post mining revegetation. We will be following these efforts closely, and will request a tour later this spring so as to assess current vegetation, and also another tour later in the year so that we may note any efforts at revegetation. The Woody Creek Caucus District Pl g Commission By ~ ~~. J .Schoeberlein g Secretary p.l i ~,Z 000007 WOODY CREEK CAUCUS and WOODY CREEK DISTRICT PLANNING COMMISSION Box 299 * Woody Creek, CO 81656 Aspen/Pitkin Community Development Department April 25, 2008 Lance Clarke 130 South Galena Street Aspen, CO 81611 Dear Suzanne: RE: Elam Vagneur Gravel Permit Annual Review (CASE P032-08; 2643-161-02-010) Dear Lance: The Woody Creek Caucus District Planning Commission recently visited Elam. The following questions and concerns have come to our attention: 1. Has Elam received State approval for the amended mining and reclamation pennit from the first quarter of 2008? What is the dust and noise mitigation program for the 2008 season? 3. There are major concerns for independent truckers driving habits (too fast, not stopping, over the lines) on Jaffe Hill, Smith Hill, Smith Way and the Highway 82 Intersection with conflicts of other vehicles. Could more signage and sheriffs be added for enforcement? Dave at Elam noted that he had a zero tolerance for reported truckers. 4. Would Elam be willing to resurface county roads (damage to and from the Elam Pit over the Smith Hill Way Bridge +) caused by traffic to the Elam Pit? 5. Could the County Environmental Health Department monitor the 18 or so trailers for the seasonal workers? 6. The Woody Creek Caucus unanimously supported the renewal of the Elam Vagneur Gravel Pit at the Apri124, 2008 Caucus Meeting with the concerns stated above. Thapk you. ~¢r~ ackie Lothian, oody Creek Caucus District Planning Commission h:j acki e\~ acki e\wccelam2008.doc OODU08 Z ®' CONSTRUCTION, INC. {• 556 Struthers Avenue Grand Junction, Colorado 8 7 501-3826 (970)242-5370 FAX (970)245-7716 April 28, 2008 Mr. Lance Clark Pitkin County Community Development 130 South Galena St. Aspen, CO 81611 RE: Response to Woody Creek Caucus/Planning Commission Annual Review Comments Case P032-08; PID 2643-161-02-010 Lance, This letter is in response to questions and concerns outlined in a letter dated April 25, 2008 by the Woody Creek Caucus and Woody Creek District Planning Commission. The numbering system is the same format as in the afore mentioned letter: 1. Has Elam received State approval for the amended mining and reclamation permit from the first quarter of 2008? Yes, on February 8, 2008 the State Division of Reclamation, Mining and Safety approved the Amendment application to add 16+/- acres to the affected mining area. A Financial Warranty (Reclamation/Performance Bond) in the amount of $804,529.00 has been calculated by the State. This bond amount includes both the Phase 1 mining area as well as the expansion or Phase 2 area. A Bond in the amount of $804,529.00 has been submitted to and accepted by the State. 2. What is the dust and noise mitigation program for the 2008 season? Dust and noise mitigation will be provided as in the past. There is a water truck dedicated for use within the Vagneur Pit. Haul roads will be watered as needed. The crushing operation has water spray bars, which add water to the aggregate as it is introduced into the crushing unit to minimize dust during the crushing operations. In cases of extreme windy conditions where water has a limited impact to control dust, pit activities will cease until the wind subsides and dust can again be controlled during normal operations. For noise mitigation, the crusher is located in the floor area of the excavated area to utilize the excavated walls to buffer some of the noise. Discriminating backup alarms have also been installed on pit equipment to lessen the impact of the "beeping' when equipment is in reverse. As has been discussed in previous meetings, the "beeping" in reverse is not only regulated by MSHA and OSHA, but it is a safety alert for any personnel in the general vicinity of the operating equipment. U~Q4U~ , Pitkin County Community Development Case P032-O8 Page 2 3. There ore major concerns for independent truckers driving habits (too fast not stopping, over the lines) on Joffe Hill, Smith Hill Woy and the Highway 82 /ntersedion with conflicts of other vehicles. Could more signoge and sheriffs be added for enforcement? Dave at Elam noted that he had o zero tolerance for reported truckers. The request for more signage and increased Sherriff presence for enforcement of traffic regulations is an issue more suited for the County to address. As stated in the comment above, the vehicle concern has to do with independent truckers. Unfortunately, once the truckers leave Elam's pit property, Elam has little control over the driving habits of independent truckers. With that said, the residents of the Woody Creek community are encouraged to contact Elam's Aspen Area Manager and report any observed unsafe driving habits. When making a report, the resident should provide as much information as possible to properly identify the truck and driver. This information should include, time of day, location, observed driving infraction, description of truck, name of trucking company (this is usually noted on the truck's doors) truck number and/or license plate number. Once a report is received, the Area Manager will contact the driver and/or their employer and discuss the alleged violation. Depending on the seriousness of the driving complaint, the Area Manager, at his discretion, will issue a verbal or written warning. If the complaint is determined to be of a serious nature, banning the driver from using the pit facilities for a set period of time is enforced. Elam's Area Manager has had a zero tolerance for serious traffic infractions in the past, and will maintain the same policy in the future. 4. Would Elam be willing to resurface county roads (damage to and from the Elom Pit over the Smith Hill Woy Bridge+J caused by traffic to the Elom Pit? As in the past, Elam will repair damage to roads in the immediate vicinity of the Vagneur Gravel Pit that has been caused by traffic to and from the gravel pit. In 2006, Elam resurfaced the Smith Hill Way bridge and approaches at no expense to Pitkin County or its residents. Elam is currently coordinating with CDOT to resurface the section of Smith Hill Way between the east and west bound lanes of State Highway 82. This again is being done at Elam's expense. 5. Would the County Environmental Health Department monitor the 18 or so trailers for the seasonal workers? This question is directed towards Pitkin County and requires no response from Elam. However, I want to point out that condition 10 of the Use Permit, Resolution 129-2006 states that camper spaces shall be provided for a maximum of 20 campers (not 18). One mobile home is allowed to provide for year round security. .~ .~ . 000010 Pitkin County Community Development Case P032-08 Page 3 6. The Woody Creek Caucus unanimously supported the renewal of the Elam Vagneur Gravel Pit at the April24, 2008 Coucus meeting with the concerns stated above. Elam has enjoyed our cordial relationship with the Woody Creek Caucus and appreciate their support. On a final note, the Caucus and Planning Commission also voted to approve Elam's county application for a snow dump/storage site also located at the Vagneur Pit. Please contact me at (970) 242-5370 or eavle.IvmanCdelamconstruction.com if you have any questions. Submitted By: ~~~~~// ' Gayle man Prop y Division Manager Elam Construction, Inc. ooooii RESOLUTION OF THE BOARD OR COUNTY COMMISSIONERS OF PTTKIN COUNTY, COLORADO, APPROVING THE ELAM CONSTRUCTION, INC. SPECIAL REVIEW TO EXPAND THE VAGNEUR GRAVEL PTT Resolution No.~,~-2006 RECITALS 1. E]am Construction Inc. (Applicant) submitted an application to the Pitkin County Board of County Commissioners (BOCC) to expand the Vagneur gravel pit from the west to the east and maintain the terms of operation for 20 years (plus one year for reclamation) for the sand and gravel extraction operation and the asphalt hot mix/concrete operation. 2. The property is located in Woody Creek across from the Woody Creek Mobile Home Perk and is more specifically described in Exhibit A. 3. The Elam operation was granted Special Review approval by BOCC pursuant to Resolution Nos. Sg-4T and 99-69. 4. The BOCC reviewed the application at a duly noticed public heazing on June 14, 2006, at which time evidence and testimony were presented with respect to this application. The application was then continued to October 11, 2006, in order to obtain more information about [he visual impacts of mining operation. 5. The BOCC finds that the application meets the provisions of Section 3-250 of the Pitkin County Land Use Code. NOW THEREFORE BE TI RESOLVED by the Pitkin County Board of County Commissioners that it does hereby approve the Elam Sand and Gravel Pit and Asphalt/Hot Mix/Concrcte plant request for expansion and a 20 year extension of the Special Review approval of their operations, subject to the following conditions: I. Material Representations: Representations made by the Applicant thereafter rcfetred to as the ("Operator")within its application and as amplified or expanded by the Operator's representations during the processing thereof, will be adhered to by the Operator unless otherwise expressly provided in this resolution. 2. Areas Covered by the Permit: The gravel permit agreement shall apply to those areas in the legal description attached hereto as Exhibit A. 3. Cessation of Activities: The operator agrees to remove all stockpiled gravel and all facilities necessary for such removal within 360 (three-hundred sixty) days of the termination of this permit and to remove, wfthin one-hundred eighty (180) days after termination, the hot-mix asphalt plant and concrete batch plant and all other building improvements, equipment and materials created, constructed or installed pursuant to this permit, or pursuant to or prior to subsequent permits or approvals. 4. Hours of Operation: The permitted operations, and facilities, specifically including the asphalt hot-mix plant, concrete batch plant, mining, equipment mobiliTation, and rock crushing may commence no earlier than 7:00 A.M. and shall cease no later than 7:00 P.M. However, deliveries to the site may occur after 6:00 A.M. Operations shall be limited to Monday through Saturday. III~IIII~~IIl~~~I~II~~~II~~UI~IIIIlItll~ 590 zee ii:<~ JRNICE K VOS CBUDILL PITKIN COUNTY CO R 0.00 0 0.00 000006 000012 5. Required Performance Standards: The Operator shall conduct its operations in accordance with the following standards: A. Drainage: Surface nut-off shall be contained entirely within the site, including run-off from storm or moisture situations, as more fully described. Prior to the initiation of Phase II, the Applicant shall provide a specific drainage plan for the eastern edgc of the operation as it relates to the drainage into Woody Creek The plan shall be submitted for review and approval to the County Land Use Engineer and Environmental Health and Natural Resources. B. Air Pollution: Smoke and dust originating from the operation of the asphalt plant, concrete batch plant and gravel operation shall be controlled as follows: 1) County and State Air Pollution Regulations, whichever ere most stringent now or hereafter adopted shall be strictly observed. Violations shall be subject to Ernes and/or orders to cease and desist operations. 2) Sprialcler systems for pollution control shall be kept in goad repair and function properly at all times 3) Operations shall be conducted in such a manner es to prevent damage to forest and agricultural resources by air pollutants resulting from such operation. 4) The Operator shall utilize it best efforts to follow up and eliminate escape of noxious and offensive odors and fumes from the site. C. Water Pollution; Dischazge of muddy water, resulting from dust aad smoke suppression measures or otherwise sha13 not be permitted, but the same shall be drained to settling and percolation ponds. The water table or water quality thereof shall not be degraded or altered without study and separate approval of the Boazd of County Commissioners of Pitkin County, Colorado. Operations shall be conducted sufficiently above the water table to prevent any contamination of ground water. D. Noise: Noise from the operation as measured at any point on the property line of the property shall be governed by applicable Pitkin County noise abatement ordinances. Additionally, the Sound Level Monitoring Protocol (Exhibit C) shall be adhered to, and discruninating back-up signals shall be utilized by the Operator's equipmem and trucks. E. Sonic Values: Operator shall halmonize operations with scenic values through such measures as the design and location of operating facilities, including roads and other means of access, vegetative screening of operations, and constmction of structures and improvements which blend with the landscape. Berms shall be constructed to screen operations. Adequacy and diligence of such measures shall be the subject ofthe Operator's report and annual hearing procedures. F. General Environmental Requirements: At all times the Operator shall take such measures as will prevent or control on-site and off-site damage to the environment including, but not limited to: 1) Control of erosion and prevention of landslides; 2) Prevention of water runoff; 3) As part of the annual report the Operator shall provide a detailed report inventorying toxic materials and disposal thereof as required by fedelal regulations. 4) Elimination of hazards to public health and safety; 5) Restoration of fisheries and wildlife habitat in surface water bodies; 6) Stabilization of access roads by proper grading, drainage control, surface treatment and vegetation G. Water Supply: Adequate water supply will be provided to mcet Pitkin County Land Use Regulations. II ++ uuI~ ii ~~uu ++ IIII~~ I~I~I~~IfI~lIt~11UI~III~~~~ll~~~~llll s e0ioae5;z:,, .1RNJLE K VO6 CRUaILL f+ITKIN COUNTY CO R 0.09 n 0.90 000007 000013 6. Revegetation and Reclamation: A. Reclamation for Phase 1 shall be in accordance with the proposed reclamation plan as described in the text of the application submitted to the Planning Office on December I5, 1987 and consistent with Exhibit 3 of BOCC Resolution No. 88.47. Such plan shall be amended to include permanent noxious weed prevention and suppression measures approved by the County official responsible for weed control. In addition to the aforementioned requirement, the Applicant shall provide a third patty baseline report of the existing vegetation, as well as a revegetation plan as part of the Annual Report for 2007 (which will be submitted in January of 2008). This report will be compiled by a certified biologist. B. Revegetation must be accomplished as soon as practicable after work has been completed • in an area where the Operator has concluded its work. The intent of this provision is that exposed slopes shall be rehabilitated and revegetated at the earliest possible date. C. Pitkin County recognizes that the State of Colorado's Mined Land Reclamation Board will require a bond for revegetation. So as not to duplicate said bonding Pitkin County will not require a bond at this time. However, Pitkin County shall review bonding and reclamation provisions and progress thereunder at each of its annual hearings, and reserves the power to impose additional reclamation provisions or require additional security to assure proper reclamation and revegetation. Should reclamation plans or the bonding provisions prove to be unsatisfactory, the County may require a bond of an amount per acre of Land to be disturbed which is reasonable to cover the costs of reclamation and revegetation. This permit shall be null and void if the bond is not furnished and the permittee shall cease all work hereunder. Designated Pit Site: As additional consideration for and condition of the permit herein granted: A. The Operator shall make its unmined sand and gravel reserves available for public works projects as a designated pit site which includes the rights to quarry sand and gravel, and to process the same into asphalt, hot-mix, concrete and other products herein approved for the Operator, end ingress and egress to, from and within the site provided that: 1) A royalty for the sand or gravel extracted shall be paid to the Operator at the prevailing market rate; 2) The designated pit activities and the activities of the Operator can be managed so as to avoid significant interference with [he Operator's normal operations; 3) This right applies only to parties responding to, and/or award recipients pursuant to invitations to bid for public works projects; 4) A suitable bond as set by the Board shall be posted with the Operator and/or the County as to each such designated pit project to ensure operations in compliance witfi this permit, the designated pit permit, cleanup and revegetation; end 5) Separate special review and sand and grave! permits shall be obtained by the public entity proposing to permit its successful bidders to use the designated pit site, which permits shall specify the extent and the nature of extractive and processing operations to occur on the she and any mitigation procedures necessary, end shall contain conditions no less restrictive than those contained herein. I~II~IIIIII~~~~III~II~~~I~IIIIIlI~III~~~I 530 z ea iz:,-n JRNICE K V0E CRUDILL PITKIN COUNTY CO R 0.00 a 0.00 3 000004 O ®n 0 8. Control of River Road Traffic: The Operator shall use its best efforts to minimize the impacts of tntck traf£c on the River Road access to the subject property. The operator agrees that truck traffic entering and leaving the Elam site shall exclusively utilize the new access road rather than the old River Road access road, The operator shall control access within the permit site to discourage use of the old River Road access road by trucks entering and leaving the site. These provisions shall be evaluated at the annual hearing, and may be modified by the Board 9. Rights of Enforcement: The County or any member of the public who is aggrieved by a failure by Operator to comply with the terms and conditions hereof shall have standing to enforce the terms of applicable permits or any amendments hereto as provided by law. 10. Camper Area: Camper spaces shell be provided for a maximum of 20 campers. Campers shall only be on site from April 1 ° to December 1" of each year. Use shall be restricted to temporary, short-term, seasonal use by employees of the Operator only using campers, and no[ for longer- term housing, mobile homes or other forms of habitation, except for the mobile home utilized to provide year-round security, which may be occupied by the Security employee and his family. Camper use is accessory only and shall be terminated in accordance with paragraph 3 of this resolution 11. Weed Control: Operator shall abido by the weed control program described in Exhibit 5 of Resolution No, 88-47 which may be emended as provided by peregrephs 6 A, B and C hereof, or operation of law. 12. Term of Permit: Operator's long-term Sand anti Gravel and AsphalUHot Mix Concrete Plant permit, and special use approvals thereof, shall expire twenty (20) years after the approval of this resolution, unless sooner terminated or extended pursuant to Code. 13. Non-Discrimination: Operator agrees that no discrimination shall be shown to any purchaser within the County, but this provision shall not prevent the Operator from giving quantity discounts or refusing to sell grovel to operators who access or leave the gravel pit via the River Road access road or refusing to sell gravel to Operators with poor curent credit standing. 14. The W star Resource Protection Plan dated September 1, 2006, shall he adhered [o (attached as Exhibit B). 15. Crusher operations shall be limited to the dates of April 1 through November 25 ofeach yeaz. Any required extensions beyond these dates must be approved by the BOCC in consuitation with the Woody Creek Caucus. 16. Any asphalt plants and/or rock crushers must be permitted by the Colorado Department of Public Health and environment and stay in compliance with conditions of the permit. 17. Fugitive dust from the pit operations must be contained to maintain compliance with applicable state standards. I8. Night time operations beyond the standard allowed operating hours shall be permitted under the following parameters: 11„111 ~~I~ ~I~ ~I~ I~~ 11111,1 I~ I~I,I I~ II,1 5 0~ 2006 12:47 ] / JRNICE K Y00 CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 ~'/ 000009 000015 A There may be a maximum of 10 nighttime operations in anyone calendar year at the Elam Asphalt/f-tot Mix Plant in which operational hours may be extended to include 7:00 p.m. until 7:00 a.m. as well as normal daytime operating hours. These l0 nights can only be to accommodate publicly owned projects. The Operator shall notify Pitkin County, the W/] Homeowners Association, and the Woody Creek Caucus, in writing, as to approximately when and how long the operations will be conducted at least 7Z hours prior to commencement of the nighttime operations. B. This approval shall be limited to a maximum of 40 [ruck loads per night. C. A traffic control plan shall be submitted to the County Engineer which will include suitable methods for providing warnings, information, and signage (including lighted warning signs) to persons using County roads and bike trails in the vicinity of the truck activity area D. The Operator, in conjunction with the public project owner shall implement a public informationlnotification plan utilizing et least the follow mediums of communication: public service announcements, newspaper notices, and neighborhood newsletters to alert affected residents and other travelers of potential delays and hazards. E. There shell be no gravel extraction, crushing, processing, nor stockpiling during the extended nighttime hours. F. The Operator must comply with all noise and air quality standards at the plant. G. Trucks shell not use "Jake" brakes during nighttime operations except in an emergency situation 19. Annual Heazings: A. During January of each year, but no later than January 31, the Operator shall file a written report with the Planning Director demonstrating compliance or non-compliance with conditions of the sand and gravel permit and other provisions of the County Land Use Coda. The required annual report will include an updated estimate of gravel reserves remaining at the site, The Planning Office shall review the operator annual written report to determine compliance with the permit and prepare a report to the $oard to be reviewed at a duly noticed public hearing. The purpose ofthe hearing shall be tD review the annual written report of the permittee and to provide an opportunity for the citizens of Pitkin County to comment on the sand and gravel operation. B. Based upon the annual hearing, the Board shall have the power upon good cause being shown, to modify the permit to require certain corrective measures to be taken or to direct the County staffer its agents to enter upon the premises and to take corrective measures required by the Board; impose new or additional conditions, standards or restrictions to address environmental concerns required by considerations of public health safety and welfare or to achieve the objectives and purposes of the original permit or to bring the permit into compliance with other laws or regulations regulating permits to or uses of the site; the cost to be assessed against the Operator and its sureties. 20. The Applicant shall construct a wildlife friendly fence along the northern property line near the road to the well. If the road is on the adjacent property (Braun), it shall be removed and located on the subject property. 21. The Appiicant shell explore the feasibility of vegetation screening between the subject parcel and the Braun property. The issue ofthis vegetation screening shall be further discussed at the Annual Review for 2007 (January 2008). II~~ ~II IItlN 11fi ~II ~ ~~111 ~II 1111 II11 ~11 ~3ee ieofa iz: ~~ 5 ]nN[Ca K VOS CRUDiLL P3TKIN COUNTY Co R 0.00 D 0.00 000010 22. The Applicant shall provide a rcpoR discussing different housing options for the seasonal workforce that utilius the camping area from April 1"through December 1" of oath year. The report shall explore options for more permanent housing that could include sharing housing with winter season employees oFother companies, agencies, etc. The report shall be available for review and discussion by the BOCC no later than the annual hearing scheduled for January of 2010. 23. Revocation. The County shall have the power to revoke the special use permit, upon showing of good cause, after a public hearing on the same. II~IIIIIIIII~I~~I~I~~~II~~~~~IIIN 530 em s iz:s~ JRNICE K V06 CpJOILI pITKIN COUNTY CO R 0.00 0 0.00 O0O (U)~~ 000(;17 NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEIQ,Y ON THE Stb DAY OF February 2006. APPROVED AND ADOPTED on thel }'" day of October, 2006. PUBLISHED AFTER OPTIO FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIMES WEEIQ,Y ON ls+t 1 ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLO~ By /„I/~ Mick Ireland / Chair i, 26 06 De[e APPROV ED AS TO CONTENT: -.___~Iy John Ely, County Attorney _~~ ~/ ~( C d ouben, Community Development Director PID# 264316102010 P048-06 Il,.lu~ntl~~llll~ Nt~~itlll on l~„~~II„~~~05?D5®12:47 000012 000018 AP,J'ROVED AS TO FORM: CONSTRUCTION, INC. 556 Struthers Avenue Grand Junction, Colorado 81507-3826 (970) 242-5370 FAX (970) 245-7716 February 4, 2008 Mr. Lance Clark Pitkin County Community Development 130 S. Galena St. Aspen, CO 81611 RE: Resolution 129-2006, Annual Report Dear Lance, Please find enclosed the required annual report and attachments for the above referenced Resolution. If you have any questions, please don't hesitate to contact me at 970-242-5370. Sincerely, Gayl .Lyman Pro erty Division Manager enclosure -flooooz ~' -~ Pitkin County, Colorado 2007 ANNUAL REPORT FOR: VAGNEUR GRAVEL PIT January, 2008 INTRODUCTION - On October 11, 2006 the Pitkin County Commissioners granted Elam Construction, Inc. a 20-year extension to the permit allowing continued operation at the Vagneur Gravel Pit, with the approval of Resolution 129-2006. One of the conditions contained within the operational permit requires the filing of a written report with the County demonstrating compliance or non- compliance with the conditions of the permit and the County Land Use Code. The report is required to contain an estimate of gravel reserves remaining on the site and an inventory of petroleum products contained on site. Major activities, which occurred during 2007 within the existing permitted site, remain unchanged, and include: • Extraction of gravel deposits. • Crushing and processing of gravel deposits. Crushing began on April 1, 2006 and ceased before Thanksgiving Day. • Stockpiling of extracted and processed gravel. • Operation of an asphalt plant. • Operation of a concrete batch plant. • Scale and portable office facilities. • Re-cycling of soil, asphalt and concrete rubble. RECLAMATION - Backfilling and sloping efforts began during the summer of 2000 and continue as of this date. Approximately 15 acres in the northerly most portion of the pit are being backfilled and sloped in accordance with the approved reclamation plan. Reclamation efforts will continue intermittently thorough out 2008. FUEL STORAGE AREAS -Two primary fuel storage areas are currently located on the site. The first is a 1,200 square foot area adjacent to the main office. The other is near the concrete batch plant that has been designated as a fuel storage facility. An asphalt oil tank is located adjacent to the asphalt plant. Also a diesel fuel tank is located near the portable gravel-crushing unit. All fuel is stored in aboveground tanks and has lined containment dikes to prevent any discharges of fuel from leaving the site or percolating into the ground. An engineered Spill Prevention, Control and Counter Measure Plan (SPCC) is on file with the State of Colorado Labor and Employment's Oil Inspection Section. A key element of the SPCC plan includes annual training for all workers at the facility for spill containment and controls in the event that a spill should occur. Petroleum products stored on site are depicted on the following chart: OA0002 PETROLEUM PRODUCT STORAGE Type of Oil or Oil Product Stored Type of Tank or Storage Container Number of Tank(s) or Storage Containers Max. Storage Cap. of Ea. Tank/ Container (gal) Total Storage Capacity (gal) Diesel Fuel # 2 Steel one 5,900 5,900 Diesel Fuel # 2 Steel 3 10,000 30,000 Diesel Fuel # 2 Steel 1 16,000 16,000 Gasoline Steel one 4,000 4,000 Use Oil Plastic one 250 250 Lubricating Oil Steel 9 55 495 Asphalt Oil Steel one 25,000 25,000 LIFE OF MINING AREA -Several factors affect the life of most sand and gravel operations. Most notable are the surrounding communities' future gravel, asphalt and concrete needs. Other factors include: ^ Local, State, and Federal Economic Trends ^ Future Local Growth Trends ^ Major Public Improvement Projects - Highway & Roads Rail and Airport Major School Major Governmental Building ^ Major Commercial Buildings One method in determining the life of an operation is to evaluate the past demand for gravel resources. By using the last five years of production at the Vagneur Gravel Pit in conjunction with the remaining resource, it is forecasted that the gravel within the Phase 1 area will be depleted in about 1 to 2 years. The Phase 2 mining expansion area, which was the extension granted in Resolution 129-2006, will provide an additional 16 years of resource. It should be pointed out that forecasts are based on current and past information. Inherent with any forecast is a degree of uncertainty. STATE MINING AND RECLAMATION PERMIT -Elam applied to the State Division of Reclamation, Mining and Safety for an amendment to the current mining and reclamation permit that will reflect the amendment granted by the County under Resolution 129-2006. Approval of the State amended permit is expected during the first quarter of 2008. 000003 WOODY CREEK CAUCUS -Representatives from Elam continued to meet with members of the Caucus and Planning Commission on a regular basis during 2007. Elam will continue to meet with the Caucus and address concerns regarding pit operations throughout 2008. COMPLAINTS -Elam was notified of a complaint of dust originating from the Vagneur Pit in late May 2007. An internal investigation revealed that a large wind gust came through the area late in the afternoon of May 21. As a result of this wind gust, a "dust devil" was created that crossed the pit property and picked up fine particles into the air. Also that same day, a vendor delivering cement to Lafarge had an incident where a product hose became disconnected from a transport truck. Some dust was generated during the cleanup of the cement. The findings was discussed with Nancy Mackenzie on May 22 and followed up with a letter dated June 5, see attached. WATER RESOURCE PROTECTION - As part of Elam's revised Water Resource Protection Plan approved by the County, Elam had developed soil and water sampling/testing protocol to assure the protection of groundwater. Elam implemented the approved testing protocol for both water and imported soil upon approval of this plan and has continued that testing throughout 2007. SUPPLEMENTAL INFORMATION - Resolution 129-2006 required the Applicant" comply with certain conditions of approval during the 2007 calendar year. They are as follows: Condition 6.A required the Applicant provide a third party baseline vegetation report of the existing vegetation as well as a revegetation plan. This Study is to be submitted with the 2007 Annual Report, see attached. Condition 20 required the applicant to construct a wildlife friendly fence along the northern property line near the road to the well. This fence was constructed in early spring 2007. It should be noted that the property line was located in the field by a Professional Land Surveyor prior to erecting the fence. CONCLUSION -During 2007, Elam Construction, Inc. paved and provided materials for some major construction projects that took place in Pitkin County. Some of the major projects include, Snowmass Base Village and Red Mountain Road. Among the sources of imported soil to the Vagneur Pit is the Snowmass Base Village. By allowing acceptance of imported soil, the impact at the Pitkin County Landfill has been reduced, thus extending the life of the landfill. Elam Construction, Inc. continues to work hard to provide a quality service to Pitkin County and its residents while limiting the disturbance to neighbors and Woody Creek residents. 0000©4 BASELINE VEGETATION ASSESSMENT for ELAM CONSTRUCTION Prepared for: ELAM CONSTRUCTION 1225 South 7th Street Grand Junction, CO 81501-7791 Prepared by: ~WP Natural Resource Consultin Inc. g~ PO Box 520604 SLC, UT 84152 and Rocky Mountain Ecological Services 222 Bobcat Ln Redstone, CO 81623 oaoa~ Vagneur Gravel Pi[ INTRODUCTION Baseline Vegetation Assessment Elam Construction owns and operates the Vagneur Gravel Pit just outside Aspen, Colorado. Approximately 15 years of gravel reserves lie in the proposed expansion area just east of the existing gravel pit. Before mining operations begin, Pitkin County has asked for a baseline vegetation assessment to ascertain the vegetation composition of the area in order to have a goal for post mining revegetation. Elam Construction contacted Rocky Mountain Ecological Services, Inc. for a baseline vegetation assessment as well as guidelines and suggestions for post mining revegetation. METHODS The USDA Natural Resource Conservation Service (NRCS) level 3 soil survey for the area was referenced for differences in soil types and thus differences in vegetation types (Figure 2). Four vegetation types present within the expansion azea were mapped in order to adequately describe and quantify the vegetation in each type (see Figure 1). Point intercept transects were then placed in the vegetation types that will be most affected, and the subsequent transect data collected will serve as a reference for reclamation goals. Three transects were placed in sagebrush stands that have been somewhat degraded through historic grazing or other disturbances. Three more transects were placed in the oak/sagebrush vegetation type. This vegetation type was in relatively good condition as the collection of species in this vegetation type was diverse and consisted mostly of species native to the area. Vegetation cover and species diversity was noted in detail for the mountain brush community. RESULTS VEGETATION Figure 1 shows the different vegetation types in the proposed expansion azea as well as the physical locations of the six transects. There are approximately 7 acres of degraded sagebrush, 3 acres of oak/ sagebrush community type, 8 acres of mountain brash, 1 acre of reclaimed slopes for a total of approximately 20 acres. Tables 1 and 2 show the average, standard deviation, standard error, relative cover and frequency of each species found on the transects, as well as total vegetation cover and total ground cover for each vegetation type. Total vegetation cover for the degraded sagebrush areas was 43.3% +/- 2.5% (Appendix Table ] ). Total ground cover, which includes rock and plant litter was 75%. One quarter of the area was bare ground. Of the vegetation cover, over half (58%) was sagebrush. Native perennial grasses accounted for only about 7% ot'the cover. Introduced grasses accounted for almost 8% of the vegetation cover. Perennial fortis (wildflowers) only accounted for 1.5% of the vegetation cover. Total vegetation cover for the oak/ sagebrush vegetation type was similar at 45% +/- 4.5% (Appendix Table 2). Total ground cover was higher at 92%. Only 8% of the area was bare ground. Of the vegetation cover, only 24% was sagebrush. Other shmbs that contributed significantly to vegetation cover was Gambel oak (Quercus gambelii), at 9.6% and serviceberry (Arnelanchier alnifolia) at 4.4%. Native perennial grasses contributed 34% of the vegetation cover and perennial forb cover was 2%. The oak/ sagebrush vegetation type is a better representation of the native vegetation cover of these slopes of south facing aspect in the area than the degraded sagebrush type. Total vegetation cover for the mountain shrub communities was estimated at 75 - 80%. Vegetation cover in the shrub strata was dominated by serviceberry at approximately70% relative cover. Sagebrush accounted for approximately 10% of the shrub cover, rabbitbmsh (Chrvsothamnus nnuseosus and C. viscidiflorus) accounted for 7%, and Gambel oak was about 5% of the shrub cover. Native grasses such as prairie junegrass (Koeleria macrantha), Letterman's needlegrass (Achnutherum lettennannii), and mutton grass (Poa fendleriana) were common in this vegetation type. There was also a 10 ft X 10 ft patch of the noxious weed leafy spurge ,00006 WP IWRC/ RMES Vagneur Gravel Pit Baseline Vegetation Assessment (Euphorbia esula) directly adjacent to the road in this vegetation type. It would be advisable to control this noxious weed as soon as possible. SOILS Figure 2 shows the vazious soil types of the azea as mapped by the Natural Resource Conservation Service (1992). Two soil types are present on the expansion area. Soil types can often help explain differences in vegetation cover types, and this information can also help with revegetation efforts to better understand soil texture, water availability, and nutrient availability. 35- Empedrado loam 6 to 12% slopes This soil is limited in extent to the top of the proposed expansion area. This soil is deep and well drained and is on the geologic formations of old fans and also on upland hills. The soil formed in erosive material from water (alluvium) as well as wind (eolian material). The surface layer is a loam about S inches thick, and the subsoil is a clay loam to about 60 inches below the surface. Permeability is moderate and available water capacity is high. These soils generally host a vegetation community consisting of mountain big sagebrush (Artemisia tridentata var. vuseyanu), prairie junegrass (Koeleriu macrantha), needle and thread grass (Heterostipa tomato) and Utah serviceberry (Amekuzchier utahensis). 110- Uracca, moist Mergel complex 25-65% slopes This soil is on the side slopes of the expansion area. It is generally found on the geologic formation of alluvial fans and also on valley slope sides. The soil type consists of 45%- Uracca and 40% Mergel throughout the soil survey area, but were mapped together because they are often intermixed with one another. The Uracca soil is deep and well drained, and it formed from sediments and cobble carried and sorted by water erosion. The surface layer is a cobbly sandy loam that is only about 2 inches thick. The remainder of the soil profile to 5 feet deep is stony, cobbly to extremely stony loam. The permeability of this soil is moderately rapid and available water capacity is low. The Mergel soil is deep and well drained and formed when glaciers were displacing the rocks and earth in the azea. The surface layer is a cobbly loam about 7 inches thick. The remainder of the soil profile to 5 feet deep is becomes more cobbly and stony further into the earth. Permeability is moderate and available water capacity is generally low. The vegetation on this soil type often consists of Saskatoon servicebetry (Amelanchier alnifolia), Bluebunch wheatgrass (Pseudoroegneria spicata) and antelope bitterbrush (Purshia tridentata). DISCUSSION As per the state of Colorado Division of Minerals and Geology, mine vegetation bond release can occur when reclaimed vegetation cover reaches 70% of the reference azeas. As the topography of the expansion area will be removed with mining, the north facing slopes upon which the mountain brush community is adapted will no longer be available habitat. Therefore, a logical reference azea to use would be the oak/ sagebrush community type as this is adapted to south facing slopes. Therefore, a revegetation goal of this reference azea would be 31.5% cover (70% of the baseline 45% vegetation cover). The final revegetation of the area will strive for a similaz species assemblage (% grasses, forbs, shrubs) as the reference azea. However, it should be noted that native ~shmb species are extremely slow growing and a creating a vegetation community that closely resembles the existing conditions may take decades. Options for improved revegetation success are available, although none are guaranteed. One of the best ways to get improved revegetation success is to direct haul topsoil from a site that is about to be mined to a site that has just been prepazed for reclamation. This topsoil layer is ideally the top 2-4 inches of soil, as much of the live seed propagules will serve as a 'free' seed bank for the new site. If only the top 2 to 4 inches are spread, the likelihood of live seeds being buried too deep for successful germination is significantly less. Additionally, it may be desirable to seed only monocots for the first couple of years of reclamation. This will allow for effective weed control of broadleaf weeds. Once the weeds aze under control, forbs and shrubs can be interseeded into the area. On the other hand, if weed control is a consistent practice throughout the life of the + WP NRC/RMES ooooo~ Vagneur Gravel Pit Baseline Vegetation Assessment mine and screening and/or knowing the origin of fill coming into the mine could potentially keep the mine relatively weed free. If the area were weed free at the time of seeding, it would be possible to seed grasses, forbs and shrubs at one time. Thirdly, since the life of the mine is projected azound 20 years, this may give time for the mine operators to `experiment' with revegeta[ion techniques, seed mixes, seeding techniques, possible soil amendments and/or mulches to determine what the best option for final reclamation would be. POTENTIAL SEED MIX The following seed mix (Table 1) assumes weed control is not an issue and that all species can be seeded at one time. Seeding should take place in late fall to allow for better seed to soil contact, higher moisture content for when the seed does germinate, as well as allow for cold stratification some seeds require for germination. It is important to note that native seed mixes often take up to three years to fully determine the level of success of the seeding. The species in this mix should allow for relatively quick germination for ground cover, as well as provide long term ground cover. Mountain brome and bottlebrush squirreltail are good early sera] species that will eventually relinquish dominance to make way for the longer lived perennial grasses (such as bluebunch wheatgrass, thickspike wheatgrass and Indian ricegrass). It is believed that the addition of forbs into seed mixes is more important than originally thought, as this is the life form that competes best against the introduced perennial forbs such as knapweeds and Canada thistle. The Rocky Mountain penstemon should serve this purpose and is generally commercially available and usually shows good germination and establishment rates. The sagebrush should likely be seeded separately unless the seeding technique involves an effective seed mixer. Since sagebrush seed is so light, often these seeds are not well interspersed within the other seeds in the mixer. Spreading the sagebmsh seed separately is the easiest way to avoid irregular seed spread. Table 1. Proposed seed mix for post mining reclamation at the Vagneur gravel pit. Scientific Name Variety Seeds per ound # of ounds # of seeds Percent of mix Grasses Mountain brome Bromus mar inatus 90,000 5 450,000 17 Thickspike wheatgrass Elyrnus lanceolatus ss lanceolatus Critana 154,000 3 462,000 18 Bottlebrush s uirreltail El mus el moides 192,000 2 384,000 15 Indian rice rass Oryzo sis hymenoides 141,000 3 423,000 16 Bluebunch wheatgrass Pseudoroegneria s icata 130,000 4 560,000 21 Forbs Rocky Mountain enstemon Perzstenzon strictus 592,000 0.15 88,800 3 Shrubs Mountain big sagebrush Arehnisia tridentata var vaseyuna 2,500,000 0.25 625,000 10 17.25 PLS lbs 60 seeds per square foot l WP NRC/ RMES oooo©~ Vagneur Gravel Pit Baseline Vegetation Assessment Figure 1. Location of gravel pit, mapped vegetation types and transect locations _ ~-~ ~,,~~c. , ~;:.p . 1 ~' ' ~n :~~ ~. • Transacts Expansion Area Vegetation Types Mountain brush Oak/sage Reclaimed area Sage r ~ ~ +, Vagno ur Gravel Pit ~~~~ ~ ., t ~ r ~~~ .. -. a '" ~ ~ ;r r .M+. sHOw~ASS Viii ~ .. . ~~~ . ~• ,.„. ' t i~~ ti's K..~~ .'~ .-, ;,~. . J* ~ {~ J ~r ~_~."~ ~ v _.t n- ~~ ~ ~',Y . ~ .: . ~ -}~ ;' ,f t ~, j1 ~~ _ ~' H ~ y ~.. ..tip t' y.1. Vagneur Gravel Pit September 79, 2007 ~WP NRC/RMES ovou~ s :w :~ • ~ ~ a~ 6 '~ Kti'~t . ,, ~~\NP~ 1~ a i \_ ~~ Mapped Vegetation Types and Vegetation Transact Locations y -- ~'A a • ~" ;tc 4 •3 ~. • ~~ 5 ''~ e, ~`ti 1 .: ~~ .. "~~;', O 125 250 500 Feet 5 Vagneur Gravel Pit Baseline Vegetation Assessment Figure 2. Soil Types Present at the Vagneur Gravel Pit Proposed Expansion Area ,. I, ~ m..,R x~` fio ~,~.' Legend ito ~ Expansion Area .~ Soil Types ' . ' .y. y.,~ .~ ~ C ..~: 1D7 Vagneur Gravel Pit September 19, 2007 '~ \ 1~ ~ ~;;.1 \ y4,~. --- __ N Soil Types o tso s2o sao Feet WP NRC/RMES 000 U ~ U 6 APPENDIX TRANSECT DATA AND PHOTOS OOOU.1,1 Table 1. Transect data for degraded sagebrush vegetation type. (`Q' means present) Total Ve elation Cover 43.333 zsn ,A53 4,.000 4s.o00 Bare Soil z6ooo ,4.000 e.o63 1s.ooo 41 600 Total Ground Cover ]5.000 ,4.000 e.o63 s9.ooo e6.ooo Litter 31.333 12.220 ].055 18000 42.000 Rock 1.000 1000 1.000 Cool season erennial rasses Achnalhemm lettermanii Lederman's needle roes <1 <t <t c1 <1 <1 33.33 E mus moides BoNebmsh5 uirreltail 2.333 3215 1.856 0.000 6.OOD 5.30 to0-00 Pms Blu roes 0.66] 1.155 0.66] 0.000 2.000 1.54 33.33 SUb-tOtel 9.000 0.386 2.61] 6.000 8.62 Introduced erennial rasses A r ron cdstatum Crestetl Wheat roes 2.000 3.464 2.000 O.WO 6.000 4.62 66.6] Bromo is Smooth brome 0.333 0.5]] 0.333 0.000 1.000 O.T/ 66.6] Ox is lanerata Orchartl roes c1 <1 <1 <1 ct c1 33.33 Poe re(ensis KenWCk Blue roes 1.000 1.000 0.5A 0.000 2.000 2.31 66.6] SUb-10te1 3.330 2.61] 1.463 1.000 6.000 ].66 Perennial (orbs Arenada con eta Balihead sandwotl c1 <1 <1 ct <t <t 3133 Aslra lus convallarius Lesser msh milkve[ch 066] 1.155 066] 0.000 2000 L54 100.00 Asha hiss Milkvetch <1 <t d c1 <t d 33.33 Castille'a chromose Intlian paint rush 0.333 0.5]] 0.333 0.000 1.000 OJ] 33.33 bi anum /Wvum Vellow SUlfudlower 1000 1.000 0.5]] 0.000 2.000 2.31 100.00 Gnndelia s uarrosa Curl cu Gumvreed <t <1 d <t <1 <1 33.33 Heliomeris mutti(lom Shan ddene a <1 c1 c1 <1 <1 c1 66.6] LRhos rmum ruderale Puxoon <1 <1 <t <1 c1 <t 33.33 Lu roue ar enfeus SJVe Lu ine <1 <t <1 <1 <1 <t 33.33 Medk olu ulina Black Medic 2.66] 4.619 2.66] 0.000 6.000 6.15 33.33 Medic o saliva Alfalfa 0 333 0.5T/ 0.333 0.000 1.000 O A 33 33 Pensfemon Pere[emon 2.66] 2309 1333 Q006 4000 6.15 66.6] S haeralcea coax-nee Scarlet Globe Mallow <t <t <1 <1 <t <t 66.6] SUb-rO[el ].66] 1.156 0.66] 2.000 1.54 Annual and biennial fortis Maohaerenfhera canescens SiNe Aster <1 <t <t <1 <t ct 33.33 MelibNS OlI'pnalis Yellow Swaetclover 0.333 0.5]] 0.333 0.000 1.000 0.]] 33.33 T on dubius Selsi 0.333 0.5]] 0.333 0.000 1.000 0.]] 33.33 SUb-tOtBl 0.66] 1.155 0.66] 2.000 1.54 Shrubs Amalanchieralnilolia Servicebe 1.000 1.]32 1.000 0.000 3.000 2.31 66.6] Artemisia Mdentafa Bi Sa ebmsh 25.333 3.512 2028 22.000 29.000 56.46 100.00 Clu othamnus nauseasus flubber Rabbitbmsh 2.333 2.082 1.202 O.OO0 4.000 5.30 100.00 Ch othamnus viscidi/bms Rabbitbrush <t c1 <1 <t <1 <1 33.33 Pmshia tridentate Antelo bitteibrush <t d <t <1 <1 <1 33.33 Onerous Belli Gambel's oak <1 <t <1 <t <t <1 3333 S oron ore ilus Snaxber <1 <t <1 <1 <1 ct 66.6] $UbSOtal 26.66] 4.011 2.330 25.000 33.000 86.15 Cacti and succulents untie antha Plains Pdckl Pear d <1 <1 <t <1 <t 33.33 ~0U13 Table 2. Transect data for oak/ sagebrush vegetation type. (`<1' means present) Total Ve elation Cover 45.000 4.563 2.646 40.000 Os.ooo ,00.00 Bare Soil 6.000 ,.oo0 0.577 7.000 s.o6o ,00.00 Total Ground Cover 9z.ooo ,.ooo o.sn sl.ooo s3.ooo ,00.00 Litter 3z.oao a.35s 2sn zs.ooo 37.000 16o.ao ROCk 10.009 s.1ss 3.060 7.000 1s.ooo ,00.00 Gravel 4.667 2.517 ,.453 2.000 7.000 100.00 Cool season erennial rasses Pseudorc nedas icafa Bluebunch Wheat rass 7.333 2.517 1.453 5.000 10.000 16.30 100.00 El mus el moides Bottlabrush S uirteltail 2.000 2.000 1.155 0.000 4.000 4.44 100.00 Kcelena mac2nfha Prairie JUn rass 3.000 2.646 1.528 0.000 5.000 6.67 100.00 Oryzopsis hymenoidas Indian Ric rass 0.667 1.155 0.667 0.000 2.000 1.48 66 67 Poa /endleriana Mutton rays 2.000 1.732 1.000 ,.000 4.000 4.44 100.00 Poa s Blu rass 0.333 0.577 0.333 0.000 1.000 0.74 33.33 Sub-total 15.330 20.820 1.202 13.000 17.000 34.07 Annual rasses Bromus teclomm Cheat rass 6.000 3.000 1.732 3.000 9.000 13.33 100.00 Perennial fortis Andmsace se tentnonalis Fai candelabra < 1 < 1 < 1 < 1 c 1 < 1 33.33 Antennaria roses Puss oes < 1 < 1 < 1 < 1 < 1 < 1 66.67 Astra alus convallarius Lesser rush milkvetch 0.667 1.155 0.667 0.000 2.000 1.48 33.33 Balsamorhiza sa itfa[a Arrow leaf balsam root < 1 < 1 < 1 < 1 < 1 < 1 66.67 En onum llavum Vallow Sulfurtlower 0.333 0.577 0.333 0.000 1.000 0.74 33.33 Lu inus ar enfeus Silve Lu ine < 1 < 1 < 1 < 1 < t < 1 33.33 Medics saliva Alfa0a c 1 < 1 < 1 c 1 < 1 c t 33.33 Sphaerakga coccinea Scarlet Globe Mallow < 1 < 1 < 1 < 1 < 1 < 1 33.33 Sub-total 1.000 1.000 0.577 2.000 2.22 Sub-shrubs Artemisia /n io'a Frin ed Sa ewort 2.333 2.082 1.202 0.000 4.000 5.19 100.00 Artemisia lurbviciana Louisiana Sa wort 0.667 0.577 0.333 0.000 1.000 1.48 66.67 Mahonia repere Ore on ra < 1 <, < 1 < 1 < 1 < 1 33.33 Sub-total 3.000 1.732 1.000 1.000 4.000 6.67 Shrubs Amelanchier alni/olia Serviceber 2.000 3.464 2.000 0.000 6.000 4.44 66.67 Artemisia tndentata Bi Sa ebrush 10.667 3.512 2.026 7.000 14.000 23.70 100.00 Cercoc s monatnus Birch leaf mountain maho an 0.667 1.155 0.667 0.000 2.000 1.48 33.33 Ch somamnus visciditlorus Rabbitbrush 0.333 0.577 0.333 0.000 1.000 0.74 100.00 Purshia fndenfata Antelo bitterbrush 0.333 0.577 0.333 0.000 1.000 0.74 66.67 Quercus ambelli Gambel's oak 4.333 4.041 2.333 2.000 9.000 9.63 100.00 S m orcca s weo hilus Snowber 1.333 2.309 1.333 0.000 4.000 2.96 66.67 Tetra mia canescens Horsebrush < 1 < 1 < 1 < 1 < t < t 33.33 $ub-tOtal 19.667 7.371 4.256 14.000 26.000 43.70 Cacti and succulents untla 1 acantha Plains Prickl Pear < 1 < t < 1 < 1 < 1 < 1 66.67 flU00i3 Transect 1 - 128° heading 1 1 ~+ ~~, r ~ ~ 1i~Y ~ ~~~,a~ ~, . ~'~t ~ ~~ ;1!~ .. j{~jyy ,,~, 'r'~ a 1 ) „ ~A:~ 1 y t1 r f..~ ~ 'fie ~ ,~ ~ i~ d~ ~~;~ s ~ Transc;ct 3 - ~ ~~" hca~ling :- .,, i ~ y _ ~:~ A'`~~~' 3+t R . ~: •: Yi. _ v i ' .~. ` ,3 . .~ .. s- : ~~a.~ 4~ n~f • ~~M~~I~RM"dGi~lti S .aF~{# ..ti ?"K_'. ooou~~ ,. 5 °k, '",.x-~,r~;;:.:..;~" 'a'te"`" "" __ ~,.~ :~.. ~~ ~. z~ 7~ 9~ ~~: 1 l']A - 1 ~,:~ TP (2 '~'' 1 1.1~' F. ' 'r Transect 6 - no photo Mountain brush ;•,. ~ ~~~~ .. ~~ ,~:_ `~ J` ~~ ' ~> ~~ ~~ ~, ~ K w.:. v [. ~ ~: ~ '~ !Ft41 1~j'*, Mf,:'. .~ e. T.~ I.V.. ~~ le,E 4fN1.i<. '..'[ OQQ:v~ '~- ®" CONSTRUCTION, INC. 556 Struthers Avenue Grand Junction, Colorado 81501-3826 (970) 242-5370 FAX (970) 245-7716 June 5, 2007 Nancy MacKenzie Pitkin County Dept. of Environmental Health & Natural resources 0405 Castle Creek Road, Suite 10 Aspen, CO 81611 RE: Vagneur Gravel Pit Dear Nancy, This letter is a follow up to a complaint your office received on May 21, 2007 (approximately 4:15 P.M.) regarding excessive dust leaving the property at Elam Construction's Vagneur Pit near Woody Creek. This letter also serves as a follow up to our telephone conversation regarding this issue on May 22"d. Upon receiving notification of this complaint, I immediately conducted an investigation as to the cause and validity of the dust at the pit. Following is a summary of findings based upon interviews: Dave Heiberger, Aspen Area Manager for Elam Construction -Two items were noted as occurring in the time between 4:00 and 4:30 P.M. The first being a large gust of wind (assumed to be the result of a storm front coming into the area). This wind gust created a large "dust devil", which crossed the property and picked up fine particas into the air. Although the road system in the pit was being watered for dust control, there were areas of inactivity, which had little moisture. It is assumed that these areas provided a source of dust for the "dust devil". The second item noted is an incident at the LaFarge concrete operation, which created a spill of cement onto the ground. Cleanup of the cement (quantity unknown) created a brief, but dusty condition. Adam Montover, LaFarge N.A. -Confirmed wind gust creating "dust devil" lasting 3 to 4-minutes. Dust particles went very high into the atmosphere. Mr. Montover also confirmed that a product hose became disconnected from a transport truck offloading cement into a storage silo. Although the discharge of cement was noticed and stopped in a timely fashion, there was an unknown volume of cement discharged onto the ground which required cleanup. This discharge of cement also occurred between 4:00 and 4:30 P.M. on May 21St. During the cleanup of the cement, which is a very fine power-like material, there was some dust created. Mr. Montover also indicated that the product hoses were inspected after the incident and new pins were installed on the hose couplings, which should prevent the incident from occurring again in the future. oooo~~ In summary, there were two possible causes that could have triggered the complaint filed on May 21St. Neither cause reflects normal operating procedures at the Vagneur Pit. However, both Elam and LaFarge have taken steps to prevent a repeat occurrence. If you have any additional questions, please don't hesitate to call me at 970-242-5370. Sincerely, ~~~ Gayle .Lyman Property division Manager. Xc: Dave Heiberger, Aspen Area Manager, Elam Construction. 400~~-n PUBLIC NOTICE RE: Elam/Vagneur Gravel Permit Annual Review (2008) (CASE# P032-08) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, May 14, 2008 at a regulaz meeting to begin at 2:00 PM or as soon thereafter as the conduct of business allows, before the Boazd of County Commissioners, Plaza One Conference Room, 530 East Main St., Aspen to consider an application submitted by Elam Construction, Ina(1225 South 7s' Street, Grand Junction, CO 81501-3826), for annual review of the special use permit for the Elam/Vagneur Gravel Pit located at 7911 Upper River Road, Woody Creek. The State Parcel Identification for this property is 2643-161- 02-010. The application resolution aze available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. For further information, contact Lance Clarke at (970) 920-5452. Jeanette Jones, Deputy County Clerk Boazd of County Commissioners Published in the Aspen Times Weekly on April 13, 2008. Attention Applicant/Representative: It is your responsibility to do the following: L Mail this Public Notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing 2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO (970) 920-5526 4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date PITION COUNTY COM111LINITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX # (970) 920-5439 March 10, 2008 John Elam 1225 South 7`~ Street Grand Junction, CO 81501-7791 Re: Elam/Vagueur Gravel Permit Aunual Review (2008) (PID 2643-161-02-010; Case P032-08) Dear Mr. Elam: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. We have scheduled this application for review at a public hearing by the Board of County Commissioners on Wednesday, May 14, 2008 at a meeting to begin at 12:00 P.M, in the Plaza One Meeting Room at 530 East Main St., Aspen. Should this date be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to post a public notice sign on the property at least fifteen days prior to the hearing (and remove it within one week after) and to mail notice to all adjacent property owners and mineral estate owners at least 30 days prior to the heazing with the return address of the Community Development Department (copy of notice will be sent to you by the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public' hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code at the hearing. If you have any questions, please call Lance Clarke, the planner assigned to your case, at 920-5452 Sincerely, Bonnie Waechtler Administrative Assistant EncL Affidavit of Notice (Code Section 2-20-100) PITIQN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galeua Street Aspen, Colorado 81611 Phoue (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: Woody Creek Caucus Environmental Health and Natural Resources FROM: Lance Clarke, Community Development Departrnent RE: ElamNagneur Gravel Permit Annual Review, (CASE P032-08;PID 2643-161-02-010) DATE: March 10, 2008 Attached for your review are materials for an application submitted by Elam Construction Inc. The Board of County Commissioners will review the application on Wednesday, May 14, 2008. Please return your comments to me by Friday, April 25, 2008. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. MEMORANDUM To: Lance Clark, Community Development Department From: Warren Rider and Nancy MacKenzie, Pitkin County Environmental Health & Natural Resources Department Date: May 1, 2008 Re: EIamlVagneur Gravel Pit Annual Review Parcel ID # 2843-181-02-010; Case P032-08 ------------------------------------------------- ------------------------------------------------- SUMMARY OF RELEVANT PARTS OF APPLICATION: Annual review of the operation at the Elam site for compliance or non-compliance with the conditions of the permit and the County Land Use Code. A visit to the site was conducted on April 14, 2008, by Nancy MacKenzie, Warren Rider, Lance Clark, and Cari Ann Holcomb of the Pitkin County Community Development Department. David Heiberger, manager of the Elam operation was on site for the visit. There was limited activity in the pit at the time of the visit. The Pitkin County Environmental Health & Natural Resources Department (EH/NR) has reviewed the details of the ElamNagneur Gravel Pit permit application under the authority of the Pitkin Countv Land Use Code and has the following comments: WATER SUPPLY Potable drinking water is provided to staff and the RV Park in bottled form SEWAGE TREATMENT AND COLLECTION The office and the RV Park are each served by onsite wastewater treatment systems (OWTSs) Heiberger stated that the tanks are pumped more frequently than the frequency defined in County OWTS regulations. An invoice was provided that indicated both tanks were pumped on 4/7/08. In 2006 the earthmoving contractor for the Woody Creek Trailer Park had stockpiled earth on top of the absorption area component of the RV Park OWTS. The contractor has removed the earth and the absorption area has been barricaded, but the area must be reseeded. This area is adjacent to the new water tank that will serve the Park. When the water tank area is completed, but no later than this fall, the absorption area of the OWTS must be reseeded with native grasses and a permanent type barrier installed so there can be no vehicle traffic over the absorption area. 7 PNxed an ftxyckd Pape I ~` AIR QUALITY One complaint was received in May 2007 of a large amount of dust blowing over the berm and towards a house on the Woody Creek Road. MacKenzie was told by Gayle Lyman of Elam that a LaFarge employee error caused a hose to become disconnected and spill dry cement. At about the same time a 'dust devil' crossed the property. Lyman said that they will commit to checking all hoses and replacing safety pins if necessary. NOISE During the site visit there was no noise since minimal activity was occurring at the site. Elam has developed a protocol for conducting their own noise monitoring. The protocol includes noise measurements at the various locations along the property boundary during all mining operations. The results are documented in a field logbook and maintained in company files for review by the County and the public. These files were reviewed by MacKenzie and Clark at the time of the site visit. The reports indicate that Elam is in compliance with the County Code's Noise Abatement regulations. CONFORMANCE WITH RESPECT TO OTHER ISSUES Fuel Storage Areas: Containment tanks were properly positioned and in good condition. No stained soil was observed. One fuel storage tank is not being used and will be removed. Contaminated water in the containment structure will be pumped out and taken to an approved sight for disposal. WATER RESOURCES Sample reports were on-site and in good order. No contaminants had been identified in the water samples or the soil samples tested during the permit period. Snow storage areas were well maintained away from the low-lying areas of the gravel operations. Future operations for snow storage will be exclusively located at the highest portions of the pit and will be graded to ensure infiltration of snow melt waters. Recommendation: The EH/NR Department recommends approval of the application with the stated staff conditions and commitments from the applicant noted above. Primed on RwY<IeJ Popr Z . . or ^ 22 08 12:22p Janet K. Schoeberlein 970-922-7295 Woody Creek Caucus District Planning Commission P. O. Box 297 Woody Creek, Colorado 81656 Apri121, 2008 TO: Pitkin County Community Development Dept 130 S. Galena St. Aspen, CO. 81611 Attn: Lance Clarke Re: ElanrNagneur Gravel Permit Annual Review (Case P032-08; PID 2643-161-02-010) The Woody Creek Caucus District Planning Commission has reviewed the subject application, and makes the following recommendations and comments in regazd to the "Baseline Vegetation Assessment and Revegetation Plan" only. Other aspects of the Annual Report will be separately addressed. We approve the effort to obtain a baseline vegetation assessment and guidelines for post mining revegetation. We will be following these efforts closely, and will request a tour later this spring so as to assess current vegetation, and also another tour later in the yeaz so that we may note any efforts at revegetation. The Woody Creek Caucus District Pl g Commission By j j~~_ ~, i J _Schoeberlein g Secretary p.l ~ U/'2 WOODY CREEK CAUCUS and WOODY CREEK DISTRICT PLANNING COMMISSION Box 299 * Woody Creek, CO 81656 Aspen/Pitkin Community Development Department April 25, 2008 Lance Clarke 130 South Galena Street Aspen, CO 81611 Dear Suzanne: RE: Elam Vagneur Gravel Permit Annual Review (CASE P032-08; 2643-161-02-010) Dear Lance: The Woody Creek Caucus District Planning Commission recently visited Elam. The following questions and concerns have come to our attention: 1. Has Elam received State approval for the amended mining and reclamation permit from the first quarter of 2008? 2. What is the dust and noise mitigation program for the 2008 season? 3. There are major concerns for independent truckers driving habits (too fast, not stopping, over the lines) on Jaffe Hill, Smith Hill, Smith Way and the Highway 82 Intersection with conflicts of other vehicles. Could more signage and sheriffs be added for enforcement? Dave at Elam noted that he had a zero tolerance for reported truckers. 4. Would Elam be willing to resurface county roads (damage to and from the Elam Pit over the Smith Hill Way Bridge +) caused by traffic to the Elam Pit? 5. Could the County Environmental Health Department monitor the 18 or so trailers for the seasonal workers? 6. The Woody Creek Caucus unanimously supported the renewal of the Elam Vagneur Gravel Pit at the Apri124, 2008 Caucus Meeting with the concerns stated above. Thapk you. ackie Lothian, oody Creek Caucus District Planning Commission h:jack~eyackieAwccelam2008.doc Z County of Pitkin } AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITHIN COUNTY LAND USE CODE SECTION 2-20-100 I,~j a y ~t ~ • ~.~ s..,cc ,2 ,being or representing an Applicant to th~tkin County Development Pemut, personally certify that I have complied with the public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to all owners of property adjacent to the subject property, as indicated on the attached list, on the !~ day of ~, 200 $(which isy ~ days prior to the public hearing date of 5-/ y• 0~. The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeazed no more than 60 days prior to the public hearing. 2. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to the owner(s) of the mineral estate underneath the subject property, as indicated on the attached list, on the day of , 200_ (which is _ days prior to the public hearing date of ~. The names and addresses of the mineral estate owners shall be those on the current tax records of Pitkin County as they appeazed no more than 60 days prior to the public hearing. 3. By posting a sign in a conspicuous place on the subject property (as it could be seen from the neazest public way) on the ,L day of /9~~.' / , 200 which is at least fifteen (15) days prior to the public hearing. A photograph of the posted sign is attached hereto. ~~ Signa Signed before me this~day of F{'~y~, I , 200~by -~"~- WITNESS MY HAND AND OFFICIAL SEAL My commission1 expires: ~ I zl ~ Zo\ o ~~~o~q 1~r1 `rtiV~/t Public's Signature My Commis~on~i~ita OU111lOfA E~a..•, L~e,sftrr4cTian ?.+L ~-, ^ PCJBLIC NOTICE RE: Elam/Vagneur Gravel Permit Annual Review (2008) (CASE# P03Z-OS) NOTICE 1S HERESY GI"~EN that a public hearing will be held on Wednesday, May 14, 2008 at a regular meeting to begin at IZ: ~M or as soon thereafter a9 the conduct of business allows, before the Board of County Commissioners, Plaza One Conference Room, 530 East Main St., Aspen to consider an application submitted by Elam Construction, lnc.(1225 South 7t° Street, Grand Junction, CO 81501-3826), for annual review of the special use permit for the Elam/Vagruur Gravel Pit located at 7911 Upper River Road, Woody Creek. The State Parcel Identification for this property is 2643-161- 02-010. The application/resolution are available for public inspection in the Community Development Department, City Ball, 130 S. Galena St., Aspen GO 81611. k'or further information, contact Lance Clarke at (970) 920-5452. Jeanette Jones, Deputy County Glerk Board of County Commissioners Published in the Aspen Times Weekly on April 13, 2008. ~/~ 1 ,..~rY1 ~_ INC. 556 Struthers Avenue Grand Junction, Colorado 81501-3826 (970) 242-5370 FAX (970) 245-7716 PROPERTY OWNERS ADJACENT TO VAGNEUR GRAVEL PIT April 2008 William Braun P.O. Box 337 Woody Creek, CO 81656 DJ LLC 408 Hunter St. Aspen, CO 81611 Kathleen Craig P.O. Box 94 Woody Creek, CO 81656 Aspen Sports Car Club, LLC P.O. Box 549 Woody Creek, CO 81656 Woody Creek Development Co. c/o J. Sterling Baxter P.O. Box C Aspen, CO 81612 Woody Creek Caucus P.O. Box 299 Woody Creek, CO 81656 PITKIN COUNTY COMMUNITY DEVELOPMENT Permit Receipt RECEIPT NUMBER 00026164 Name: ELAM CONSTRUCTION INC Date:6/16/2008 Project Address: 7943 UPPER RIVER RD Type: check # 71672 Permit Number Fee Description 0032.2008.PLAN PP- Flat Fee 0032.2008.PLAN PP- Public Notice Fee 0032.2008.PLAN PP- EHBNR Referral Fee Total: Amount 942.00 50.00 400.00 ,392.00