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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)
RECEPTION#: 667088, 02/18/2010 at
10:04:31 AM,
t of 3, R 30.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION OF THE PITIQN COUNTY, COLORADO, BOARD OF COUNTY
COMIVIISSIONERS APPROVING THE ELAM SPECIAL REVIEW FOR COMMERCLIL
SNOW TRUCKING/DUMPING/STORAGE
BOCC Resolution LY~S- 2010
RECTTALS
1. Elam Construction, Ina (hereafter, the "Applicant', has applied to the Pitkin County Board of County
Commissioners ("BOCC") for a Special Review for a Commercial Snow Trucking/Dumping/Storage
on two sites within the mining permit area of the gravel pit. The Applicant has requested a 20 year
permit.
2. The parcel is located at 7943 Upper River Road, Woody Creek. PID#: 2643-161-02-010 (Legal
Description, Attachment A)
3. Snow Trucking/Dumping/Storage is a necessary wmmunity service that must be accommodated
within the County. Pursuant to Subsection 4-30-50(I) of the 2006 Pitkin County Land Use Code,
standards have been developed to address the impacts of snow storage areas. The BOCC finds that
the Applicant has shown compliance with these standards.
4. The BOCC further fmds that to more adequately address the potential impacts of snow storage on the
site, the Land Use Code will need to be amended. Therefore, the BOCC fmds that a one (1) year
permit is an acceptable permitting duration at this time.
5. This application was referred to the Woody Creek Caucus and comments were provided. A letter of
concern was submitted by neighboring property owners of the subject parcel.
6. The BOCC heard the request at a regularly scheduled and duly noticed public hearing on January 13,
2010 at which time evidence and testimony were presented with respect to this application.
NOW THEREFORE BE 1T RESOLVED by the BOCC that it hereby approves the Elam Construction,
Inc. Special Review for a Commercial Snow Trucking/Dumping/Storage subject to the conditions
outlined below:
1. The Applicant shall adhere to all material representations made in, or in wnnection with, the
application.
2. This approval is for the duration of the 2009/2010 winter. For operations to continue next year, a
permit will need to be attained for the 2010/2011 winter season.
3. Snow storage operations shall only be conducted between the hours of 7:00 AM to 7:00 PM,
Monday through Saturday.
4. Revegetation of the snow storage sites shall be in accordance with the plan already. approved for
the gravel mining operation.
5. Failure to comply with the conditions of approval may result in revocation of this permit.
Page J oj2
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
ATTEST:
R Dean
CI to the BOCC
By ~l ~^
George Newman, C it
Date ~j U
APPROVED AS TO FORM:
~,~.
]obn Ely, ~~
CountyA __
Case: PI1409
PIDp2643-161-02-0IO
APPROVED AS TO CONTENT:
~rt . -~ o ~c M
C' ouben,
Community Development Dvector
/yy rOHelr' ~jy TlCI /~.rrtl Dy ~U[[~/ (.I71~1~o'/SYO.YF,~S OJ-l.
/~C~~t-va-r y // /3/ ~ o/O
Page l oft
PARCEL DESCRIPTION
The site is approximately 10 miles northwest of downtown Aspen. The total permit area is
104.72 acres, consisting of two parcels: one is 98.33 acres and the other is 6.39 acres.
LEGAL DESCRIPTION
A tract of land located within Section 16, Township 9 South, Range 85 West of the 6`h Principal
Meridian, County of Pitkin, State of Colorado and being more particularly described as follows:
PARCEL 1 beginning at the Northwest Corner of the Northeast Quarter of Section 16, Township
9 South, Range 85 West, S 18°00'06" E a distance of 164.84' to the Point of Beginning; thence 5
70°55'12" E a distance of 393.66'; thence S 68°39'07" E a distance of 527.45'; thence 5
56°33'16" E a distance of 538.74'; thence S 53°21'46" E a distance of 434.89'; thence N
81°18'38" E a distance of 409.36'; thence N 63°51'28" E a distance of 218.35'; thence S
84°47'32" E a distance of 369.63'; thence S 00°24'36" E a distance of 2411.08'; thence S
85°34'00" W a distance of 756.58'; thence N 30°00'00" W a distance of 75.42'; thence N
34°50'00" W a distance of 284.00'; thence N 28°28'40" W a distance of 443.00'; thence with a
curve turning to the right with an arc length of 99.32', with a radius of 349.24'; thence N
12°11'00" W a distance of 150.00'; thence with a curve turning to the left with an arc length of
161.97'. with a radius of 243.31'; thence N 50°19'30" W a distance of 250.00'; thence with a
curve turning to the right with an arc length of 103.50', with a radius of 600.00', thence N
40°26'30" W a distance of 359.94', thence with a curve turning to the left with an arc length of
62.06', with a radius of 484.85'; thence N 47°46'30" W a distance of 260.94'; thence with a
curve turning to the left with an arc length of 77.71', with a radius of 114.69'; thence N
15°04'14" W a distance of 610.19'; thence with a turve turning to the left with an arc length of
200.35', with a radius of 1095.00'; thence N 25°33'14" W a distance of 694.44'; which is the
Point of Beginning, having an area of 4283097 square feet, 98.326 acres.
PARCEL 2 beginning at the Southwest Corner of the Northeast Quarter of Section 16, Township
9 South, Range 85 West, N 70°42'24" E a distance of 842.64' to the Point of Beginning; thence N
80°03'00" E a distance of 634.37'; thence N 50°19'30" W a distance of 250.00'; thence with a
curve turning to the right with an arc length of 108.67', with a radius of 630.00'; thence N
40°26'30" W a distance of 359.94'; thence with a curve turning to the left with an arc length of
58.23', with a radius of 453.82'; thence N 47°46'30" W a distance of 260.94'; thence with a
curve turning to the left with an arc length of 46.92', with a radius of 84.69'; thence S 10°09'30"
E a distance of 870.74'; which is the point of beginning, having an area of 278519.21 square
feet, 6.394 acres.
Parcel ID: 1643-161-02-010 Page 6 Vogneur Pit
0~~3°?13
MEMORANDUM
TO: Pitkin County Board of County Commissioners
~~~~~
THRU: Cindy Ho n, Community/D/evelopment Director
FROM: Mike Kraemer, Planner ~,/~
RE: Elam Special Review for a Commercial Snow Trucking/Dumping/Storage
DATE: January 13, 2010
SUMMARY: The Applicant requests Special Review approval for commercial trucking and storage of snow at
the Elam gravel pit. The Applicant is requesting a 20 year permit for this operation.
APPLICANT: Elam Construction, Inc
REPRESENTATIVE: Gayle Lyman
LOCATION: 7943 Upper River Road, Woody Creek. PID#:2643-161-02-010
ZONING/LOT SIZE: RS-20/Approximately 105 acres
2009 AERIAL PHOTOGRAPHY: The parcel is highlighted in green with proposed storage areas in red.
Page I of 6
OOiJ001 ~ZLI
BACKGROUND and REQUEST: This application is a result of the recent adoption of Ordinance 25-2009
(Attachment A) which requires commercial snow storage areas to receive special review approval to conduct
this type of activity. Previously, snow storage areas were permitted administratively through a Temporary
Commercial Use permit and subject to policy standards developed by the former Natural Resource Specialist.
Each winter, applications were submitted to permit the activity for the duration of the winter. The attached
ordinance now establishes codified standards for reviewing areas proposed for storage. The adopted ordinance
requires aone-step review by the BOCC.
The Applicant has an existing gravel pit on the parcel which is subject to numerous previous BOCC resolutions.
The Applicant's submittal has outlined the gravel pit's permitting history and appears on Page 1 of the
application. Two snow storage areas are proposed within the existing pit. The map shows these areas on a
2009 aerial photograph.
that has been partially
The southern storage area is within the existing pit area and is approximately 40' below the northern site.
The Applicant is requesting a 20 year permit for the snow storage areas that will run concurrently with the permit
life of the gravel pit. Historically, the Applicant has obtained permits for the snow storage area in the form of
Administrative Decisions.
REFERRAL COMMENTS: Woody Creek Caucus (Attachment B).
STAFF COMMENTS:
Special Review for a Snow Storage Area
Page 2 of 6
OQiJ~02
A snow storage area/dump is listed as a special review use in the RS-20 zone district and therefore must comply
with the following standards (see Subsection 2-30-30):
A. The special review use shall consider the applicable County Master Plan.
Staff Response: A snow storage site/dump is a not use prohibited in the Woody Creek Caucus Master Plan.
B. The special review use shall not conflict with any applicable sections of the Pitkin County Land Use Code,
including the County Land Use Policies in Chapter 1.
Staff Response: The use is consistent with the Pitkin County Land Use Code and the Land Use Policies.
C. The proposed development must not materially endanger the public health, safety or we fare..
Staff Response: With the adoption of Ordinance 25-2009, standards were developed in order to safely and
effectively site these storage areas. Impacts, including off-site impacts, were considered and Staff has no reason to
believe that the proposed development will endanger the public health, safety or welfare.
D. The proposed development must not substantially injure the value of adjoining or abutting property.
Staff Response: If standazds and conditions in the attached drafr resolution aze adhered to, a snow storage area
should not substantially injure adjoining or abutting property.
E. The special review use shall be consistent with the intent of the zone district in which it is proposed to
be located.
Staff Response: A snow storage area is consistent and is a special review use in the RS-20 zone district.
F The special review use shall be compatible with the character of the immediate vicinity of the parcel
proposed for development and surrounding land uses, or shall enhance the mixture of complimentary
uses and activities in the immediate vicinity of the parcel proposed for development.
Staff Response: The snow storage area to the north is located on a higher reclaimed area of the mine and the
lower site is located in the pit area. Both sites are within the existing gravel pit permit area and commercial
trucking of snow would not be out of character with the current uses on the parcel that have already been
approved.
G. The location, size, design and operating characteristics of the proposed special review use must be in
harmony with the surrounding area and minimize adverse effects, including visual impacts, impacts on
pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, air/water
pollution or other impacts on natural resources, noise, vibrations and odor on surrounding properties.
Staff Response: With compliance with the use specific standards outlined below, adverse impacts should be
minimal for this use.
K There must be adequate public facilities and services to serve the special review use, including but not
limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical
services, hospital and medical services, drainage systems, and schools.
Page 3 of 6
00!)~J03
Staff Response: Staff has no reason to believe that public facilities and services will be compromised and
existing facilities and services can accommodate the use.
I. The proposed special review use must comply with any additional standards or requirements stated for
such use in Sec. 4-30 and/or 2-40-20.
Staff Response: Code Section 4-30-50(1) will be addressed below.
Use Specific Standards for Snow Storage Areas/Dumps
Section 4-30-50(1) is the applicable section of the Code for review of snow storage azeas. The applicant shall
comply with the following conditions:
(1) Setbacks
a. Setbacks shall be regulated by Section 7-20-80 and Chapter 5.
Staff Response: Section 7-20-80 regulates development within setbacks of creeks, streams, and rivers.
There are none of these waterways located on this parcel.
(2) Slopes
a Slopes in excess of 10% shall be avoided.
Staff Response: The proposed sites have not been located on slopes in excess of 10%.
(3) Groundwater
a. Snow storage and/or dumps shall not be located in areas of high groundwater
b. It must be demonstrated that the groundwater high water mark is 4 feet or more below snow
storage area.
Staff Response: The Applicant has indicated that through a previous hydrology study, ground water is
from 18' to 40'below the existing grade of the mining excavation area where the southern storage area is
proposed. The northern mining area is stated to be approximately 60' to 80' above groundwater.
(4) Floodplain
a. Snow storage areas shall not be located within the 100- year,Jlaodplain
Staff Response: The snow storage area is not located within the 100-year floodplain.
(5) Surface Runojj
a. Snow storage shall not result in surface runoff unless best management practices are utilized to
remove sediment and other contaminants from melt water and promote infiltration vs. runoff.
Staff Response: Because the snow storage area is proposed in a disturbed mining area within a depression
in the land, surface run-off is not an issue.
(6) Dumping into waterway or water-body
a. Snow storage areas shall comply with section 7-20-80(dJ(12).
b. Snow shall not be pushed or dumped into any waterway ar water -body at any time.
Page 4 oJ6
~v~)~~rs
Staff Response: The Applicant has committed to not dumping into a waterway or water-body.
(7) Refuse removaUdisposal
a. It will be a condition of approval that at the end of each winter season (when all snowmelt is
complete) that documented cleanup occurs at the site to remove non-snow refuse from the
storage site.
Staff Response: The Applicant commits to removal of debris.
(8) Scenic Impact Consideration
a. Potential scenic impacts of the location of proposed snow storage areas shall be addressed in
the application.
Staff Response: The snow storage areas will not be visible from any County Roads.
(9) Revegetation
a. If a snow storage area is abandoned for more than two years, revegetation of the site (where
necessary) is required.
Staff Response: The snow storage areas will be required to be revegetated with the termination and
reclamation of the gravel pit operation.
(10) Trips
a The Applicant shall present a dumping schedule for consideration that includes hours of
operation and estimated number of trucks per hour/day.
Staff Response: The Applicant is proposing coinciding hours of operation for dumping snow as the
approved hours of operation for the gravel pit. These hours are 7:OOAM to 7:00 PM, Monday through
Saturday. It has been stated that approximately 40 dump trucks per day will enter the site during average
snowfall. During heavy snow periods, this number of trucks per day can increase to 100.
(11) Noxious Weed Control
a. The Applicant is required to control for noxious weeds.
Staff Response: A weed management plan has been approved as part of the gravel pit operation. The
Applicant will be held to the same weed management plan.
NEIGHBOR and CAUCUS CONCERNS: A letter was submitted on behalf of a number of property owners
who have wells in the vicinity of the gravel pit (Attachment C). The letter offers a vaziety of recommendations to
prevent the possibility of groundwater contamination and urges that additional standards be adopted beyond
Ordinance 25-2009 for review of this application.
The Caucus, in Attachment B, echoed some of the same concerns provided in the neighbor letter. The Caucus
states that it would approve snow dumping only on the northern site that has already been reclaimed.
ADDTTIONAL STAFF COMMENTS: Staff feels that given the request fora 20 year permit from the Applicant,
it would be appropriate to annually review the snow storage operation. Staff feels that this annual review can also
be reviewed during the Elam annual review of the mining operation. At that time, the Applicant should address
neighborhood concerns and show continual compliance with section 4-30-50(1) or other adopted standards of the
Code.
Page 5 of 6
OflU~?05
RECOMA-IENDATION: Staff recommends the BOCC adopt a motion to approve the Elam Special Review for a
Snow Storage Area subject to the conditions of the attached Resolution.
ATTACHII~NTS:
A. Ordinance 25-2008
B. Woody Creek Caucus Comments
C. Neighbor letter
Page 6 of 6
~~u~OG
RESOLUTION OF THE PTPKIN COUNTY, COLORADO, BOARD OF COUNTY
VIMISSIONERS APPROVING THE ELAM SPECIAL REVIEW FOR COMMERCIAL
SNOW TRUCKING/DiJMPING/STORAGE
BOCC Resolution - 2010
RECITALS
1. Elam Construction, Inc. (hereafter, the "Applicant"), has applied to the Pitkin County Boazd of County
Commissioners ("BOCC") for a Special Review for a Commercial Snow Trucking/Dumping/Storage
on two sites within the mining permit area of the gravel pit. The Applicant has requested a 20 yeaz
permit.
2. The parcel is located at 7943 Upper River Road, Woody Creek. PID#: 2643-161-02-010 (Legal
Description, Attachment A)
3. Pursuant to Subsection 4-30-50(I) of the 2006 Pitkin County Land Use Code, standards have been
developed to address the impacts of snow storage areas. The BOCC finds that the Applicant has
shown compliance with these standards.
4. This application was referred to the Woody Creek Caucus and comments were provided. A letter of
concern was submitted by neighboring property owners of the subject parcel.
5. The BOCC heazd the request at a regularly scheduled and duly noticed public heazing on January 13,
2010 at which time evidence and testimony were presented with respect to this application.
NOW THEREFORE BE IT RESOLVED by the BOCC that it hereby approves the Elam Construction,
Inc. Special Review for a Commercial Snow Trncking/Dumping/Storage subject to the conditions
outlined below:
1. Applicant shall adhere to all material representations made in, or in connection with, the
application.
2. This approval shall coincide with the duration of the gavel mining permit, 20 years, but shall
cease if mining operations cease before that time.
3. During the time of the Elam gravel pit annual review, the Applicant shall also submit an annual
review for the snow storage area. The annual review shall outline if any neighbor concerns were
expressed during the storage operation and if the concern was addressed. The applicant shall also
outline continual compliance with section 4-30-50(1) at the time of the annual review and address
any new standards in the Code, if applicable.
4. Snow storage operations shall only be conducted between the hours of 7:00 AM to 7:00 PM,
Monday through Saturday.
5. The Applicant shall revegetate the storage aeeas when the use is discontinued in accordance with
Community Development Department standards at the time. If commercial snow storage
operations cease prior to mining activities, the revegetation plan already approved for the gravel
mining operation shall prevail.
6. Failure to comply with the conditions of approval may result in revocation of this permit.
Page 1 oj2
0~;~~:~07
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
ATTEST:
Lyndee R. Dean
Clerk to the BOCC
George Newman, Chair
Date
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
//l~u'~l~ ~~ul~ ~~ C1~
John Ely, Cin y Houben,
County Attorney Community Development Dvector
Case: PIl4-09
PIDg2643-161-02-010
Page 2 of 2
t~~~~~O8
R£CEPTIONit: 564651, 11%19/21109 at
12:29:53 PNI,
1 Of 8, R SD_Oll floc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
ORDINANCE OF THE BOARD OF COI.
COLORADO, AMENDING TITLE 8 OF THE YiTKTN COUNTY CODE, SPECIFICALLY
THE 2M16 LAND USE CODE FOR COMMERCIAL SNOW DIJMPING/STORAGE
Ordinance No. ~ 2009
RECITALS
Pitkin County Community Development Staff has initiated a Land Use Code amendment to
amend the Pitkin County band Use Code (PCLUC) in effort to establish standards for commercial
snow storagc/dumping. Amendments will need to be made to Chapter 4.
EXHIBIT A: Section 4-20: Permitted use table
EXHIBI"I' B: Section 4-30-50: Inclusion of subsection (1}
EXHIBIT C: Definition of Snow Dump/Trucking/Storage
2. The Planning and 'Coning Commission reviewed the proposed amendments at a regularly
scheduled meeting on June 16, 2009. The Commission voted 4-0 to recommend approval to the
BOCC in favor of the proposed code amendments.
3. The BOCC reviewed the application at 1" Reading at a duly noticed public hearing on September
23, 2009 and at a duly noticed public meeting on October 14; 2009. Evidence and testimony
were presented with respeca to this application.
4, "Ihe BOCC finds that this Code Amendment is consistent with Pitkin County's goals and policies
regarding land use and development in the County.
5. fhc BOCC further finds that the amendments to Chapters 4 of the Code fur commercial snow
storage/dumping are consistent with the County Comprehensive Plans and in compliance with
Section 2-40-10.
NOW, THEREFORE, BE IT ORDAllVED by the Pitkin County Board of County
Commissioners that it hereby amends the above-referenced Sections of the of the 2006 Pitkin County
Land Use Cude, as set forth in Exhibits A and B.
NOTICF, OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 23`d day of August,
2009.
INTRODUCED ON FIRST READING AT A PUBLIC 11EARING on the 23rd day of September, 2009.
APPROVEll AND ADOPTED ON SECOND READING AT A PUBLIC MF,ETING nn the ]4d' day
of October, 2009
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the day of ~ l' ~a ' 2009.
A .S'I': BOARD OP COUNTY COMMISSIONERS !~
OFf 7diTK[N COUNTY'; COLORADO
:Jones ~ ram~ay-~.~appcr,
Clerk Chair ~.,, ~~
Date: / ~ ~ ° I ~ ~ ~
-- ~ -
liJ!~t~~J
Urdinunce Nn.~7 _ - ?009
Page 1 of 8
APPROVED AS "FO FORM:
~-..
John Ely,--'
,,E6unty Attomcy
I
APPROV ED AS 'f0 CONTGNT:
C?nd oubcn, C
Community Devclopmenl Director
~J~.y~l~
Ordinance No. ~~-5 - 2009
Page 3 of R
EXHIBIT A
Intended for Rural Alas InUerrded for Urban Areas
TABLE 4-1: Rural Districts Urban t Sutrurba a.
~
PERMITTED USES Residential Dis
' Y
-5. P'
RS RR RS RS lJ TR TR RS A A S B R R R' VR MH AH
G t 35 - 1 2 30 - - I 1 3D 15 fi P: Use-
Use Category! 6 35 8 10 2 - . b,",' U - Specific
Use Type 0 20 R `: i5 - 0 Regulations
E a §
c 1s
B
..
Residential
Household Livin
Duplex Dwelling Uni S M S A S S S S M A §4-30-010(a)
Mobile Hom A A §43D-010{c)
Mobile Home Park A
Mufti-family Dwelling M S S S S S M A §430-010(d)
Uni
Single Family Dwelling A A A A A A A A A M A A A A A A A A M A §4-30-010(1)
Um
Grou Livin
Dormitory Housing M S S S S M S
Group Hom S S S §4-30-010(b)
Nursing, Convalescent,
S
S
S
S
S
S
M
-
§430-010(e)
Rest, or Retiremen
Hom
A rieultural & Resource
Unlisted Agricultural A A A A
Us
Blacksmithin S S S S
Farm Building S S A A S A A A M S M 5 §4-30-020(a)
Farming S A A A A A A A M M A §4-30-020(b)
Firewood Splitting, S 5 S S S M A A §4-30-020(c)
Commercial
Horse Boarding, A A A A S §430-020(1)
Prima
Kennel or Veterinary S S S S S S M - §430-020(e)
Ciini
Logging S S S S S M M - §4-30-020(1)
Mineral and Gravel
Extraction (former)
S
S
S
S
S
M M §430-020(g)
Mineral & Gravel S S S
Exploration /Mining,
Concrete, Batch Plants)
§4-30 020(h)
Oil and Gas 6rtradion S S S
Ranching (former)
Animal Production
Husbandry Services,
Ocher Fann and
A
A
A
A
A
A
A
A
M
M
§4-30-020(1),
Agricultural uses (no
including Commercia l
Feed lots
Silvicuttur A A A A M
tJiit~®1t
(hclincmce Nn. ~)'~ 7 - 2009
Page 4 oj8
Intended for Rural Areas Intend~r Urban Areas'.
Y .":'dit:.
~
~
'
`
,.
f
iT
TABLE 4-1: Rural Districts ' d.':
UrWn I Suburban:"'
PERMITTED USES "'~ Residential District
?
, #; .
~~
RS RR RS R5 LI TR TR RS A A 5 B R R R VR MH AH. AH -
G 1 35 - 1 2 30 - - I 1 30 iS, ~~'• : - ~ P ~~ Use-
Use Category! 6 35 8 10 2 - 8r ` U ; Specific
`
Use T e
YP o 20 R i5 =faF Regulations
D
`
E ~
,, A §
C 15
~g,
a` 1w
B tt `'
Civic & InstiWtional
Airpo M §4-30-030(a)
Cemete S S S S S M -
Day Care Cente S S S M S S S S S S S S S S M S
Educational Class S S S §4-30.030(b)
HospitaS M §4-30.D30(c)
Institute M S S S M - §4-30.030(d)
Park, Playground o S S S S M A A A A A A A A A A S
PW field
Public Facilities, Majo
(FOrmedy Essential
M
S
S
M
§430-03D{e)
Government and Publi
Utility Uses, Facliles
and Services
Public Utilities, Majo S S S S S S S S S S S S S S S S S M S
Public Utilities, Mino A A A A A A A A S A A A A A A A A A A M A 4-30 03D(t)
Religious Institution S S S S S M S S S S S M S §4-30-030(g)
formed Church
School or Universi S S M S S S M §4-30-030(h)
Sewage Disposal Area S S S S S S M S S S S S S S S M S
or Water Plan
Transit Facilit M S S M
Commercial & Industriak
Enterfainment 8 Recreation
Adult Entertainment g S S §430.04D(a)
Establishmen
Alpine Ski Area 8 M
Suppo
Amusement o
M
S
S
S
§4-30-440(b)
Entertainmen
Establishmen
Campground
(formerly Commercial
S
S
S
S
M S §4-30-040(f)
Cam ~ Areas)
Golf Course M M
Nordic Ski Area and S S S S M M S
Su ort Fadlitie
Outdoor Recreational, S S S S S S S M M S §4-30-040(q)
Othe
Riding Stable o
3
Academy (formed S S S S M S 04p
w
( )
Commerdal Riding
Stables
Eat`in Meetin & Lod in
Bed and Breakfas A A A S S M S S S S §4-30-040(d)
Country Inn, Gues S S S S M S S §430-040(i)
O~j~;~12
Chdinunce Nu. ~~7 - 20(19
Page 5 oJ8
Intended for Rural Areas Intended for Urban Areas
i~.
TABLE 4-1: Rural Districts Urban! Suburban
PERMf7TED USES Residential Districl~,:` ~ "•.
'
'
r
t
~
RS RR RS RS V TR TR RS A A S B R R R AH AH ' 1 (C
G 1 35 - 30 - - f 1 15 8 ~ ~
Use Category!
6
35 1 2
&
10
2
-
""
$ ~ ,: _ Specific
Use Type 6 20 R 15 D Regulations
§
E A ,,
B. >:-
Ranch, and Reso
Cabins
S S §4-30-040(1)
Holels, Motel or Lodge
Meeting Hall
Conierence Cenle
S
S
S
M
S S §4-30-046(0)
(formerly Reception
Halls and Meeting
Facilities
M
A
A
A S §434040(u)
Restaurant andlor Ba
Timeshadng M S §4-30-040(x)
Fractional Ownership
Office and Clinic Uses
S S §4-30-640')
Finanaallrstitutlon M
A §4-30-040(n)
Medical or Dental Clini M
M A A A M §4-30-040(p)
Offic
S M §4-30.040(1)
Research Fadli
Sales and Service Uses
Arts and Cratt Studio, A A A A §4-30-040(h)
Prima
Building Mateda4s and
Landscaping (formed
5
S
S
A
§4-30-D40(e)
Equipment Supplies and
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A
§4-30-040(k)
General Services M A A A §4-30-040(r)
Personal Service Outle
Retail Sale of Good A A §430-040(v)
M A
(formedy Places fo
Relailin of Goods)
Vehfcle and E' u! meet Uses
Automobile Parking Lot, M S S M S
Commercial
Automobile Service S A S §4-30-040(c)
Station
Vehicle and Aircraft
Sales and Service S M
(formedy Vehicle and
Aircraft Related
Business
Other Princi al Uses
30-
Cellular Telephone S S S S S S S S M S S M S ~
a )
Facili
Junk Yar S S S 040 m
Radio or S S S S S S S M S S S S S S S S S S M §4-30-040(r)
Transmittin Statio
C~i;313
Ordinance No.~ -1009
Page 6 of 8
Intended for Rural Areas Intended for.UrbarcAreas _*;
_.
-
TABLE 4-1: Rural Districts Udsan 1 Suburban
~~ -`~ .
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PERMITTED USES -
Residential District .
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RS RR RS RS LI TR TR RS A A S B R R R VR MH AH A~1
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G 1 35 - 1 p 30 - - I 1 30 15 6 ' n : .•: p Use-
Use Category! 6 35 & 10 2 -
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(formerly Uses,
Activities 8 Facilities S S S S S S S S M S S S S S S S S S S M S
Permitted by Special
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Federal A enc
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Accessory StruUures A A A A A ~-~-050(a)
with Bafhi Facili
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Agdcuttural Stan A A A
Arts and Crafts Studio, A A A A A A A A A A A A A A A A A A A M A
Access
Building-Mounted
S
S
S
S
S
S
S
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§4-30-050(c)
CellularTelephon S S
Antennae
Bus Stop
A
A
A
A
A
A
A
S
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A
A
A
A
A
A
A
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Camping Area A A A M §430- d)
Caretaker Dwelling Uni S S S S S S S S S S S S M S §4-30-050(e)
Club House o S S S S S M S S S S S S M
Recreational Buildin
Day Care Home
A
A
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M
A
A
A
A
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A
A
A
Employee Dwelling Uni S 5 S S S S S S S S M S
Home Occupation A A A A A A A A A A A A A A A A A A A M A §4-30-050(f)
Horse Boarding, A A A A S
Accesso
Satellite Receptlon S A A A S S A A A M A A A A A A A A A A M A §4-30-050(g)
Devic
Solar Energy Collecto
A
A
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A
A
A
A
A
A
M
A
A
A
A
A
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M
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§4-30-050(h)
Temporary Commercia A A A A A A A A A A M A A A A A A A A A A M A §4-30-050(i)
Us
Trail
A
A
A
A
A
A
A
A
A
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M
A
A
A
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A
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A
A
A
A
M
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Water Crossing S S S S S S S S S S M S S S S S S S S S S M S
Diversio
Wind Powered EI S S S S S S S M S M §4-30-050G)
General
Micro Hydro Eledri S S S S S S S S S S S S S S S S S S S S S S S §4-30-050(k)
Ener S ste
Snow Stora e S S S S S S S S S S S S S S S S S S S S S 64-30-050(1)
S - - - - - - - -
Dum in ITruckin - - -
Ut lj i/~/i
Ordinance No. (. / 5 - 2009
Pvgc 7 of 8
EXHIBIT B
4 30-5U(I) Snow DumpinralTrucking/Storage
(1) Setbacks
a. Setbacks shall be regulated 6t/ Section 7-20-80 and Chanter 5.
(2) Slopes
a- Sb es in excess of 10% shall be avoided.
(3) Groundwater.
a. Snow storage and/or dumps shall ngt be located in areas of higt
b. It must be demonstrated That the groundwater high water mark i
snow storage area-
(¢) Flonriolain
(5)
(6) Dumpino into waterway or water-boot/
a. Snow storage areas shall comply with section 7-20-BO(dl(12?.
b. Snow shall not be pushed or dumped into ant/ waterway or water -
(7) Refuse removalldisposal
a. It will tie a condition of approval that at the end of each winter seas
(8)
(9) Reve
a. I
1
(i p) Trinc
(i i)
a. The Applicant is required to con[roi ror noxious weeus.
lju~J15
Chdinance No. LJ.~ - 2009
Page R oj8
EXHIBIT C
The following shall be added to definitions in Chapter 11:
Snow L7umping/I'rucking/Storage shall be defined as follows:
An activity in which a ~rop~, owner accepts snow from off site The use of dump trucks and other
heary equipment is involved with the movin of the snow.
~~'~~1~
~~c~ ~~ ~
Woody Creek Caucus District Planning Commission
P. O. Box 297
Woody Creek, Colorado 81656
January 5, 2010
Pitkin County
Community Development Department
130 S. Galena Street
Aspen, Colo. 81611
Attn: Mike Kraemer
Re: Elam Construction, Inc., Special Review for Snow Storage
The Woody Creek Caucus District Planning Commission has reviewed the appIicant's
request for a special review to establish a snow storage operation. We have met with
representatives from Elam Construction, and with neighbors with property located in
close proximity to the existing gravel pit, and the proposed snow storage azea.
We have been furnished with copies of the U.S, Environmental Protection Agency
document entitled "Controlling Nonpoint Source Runoff Pollution from Roads,
Highways and Bridges", and the State of Alaska "Snow Disposal Area Siting Guidance"
document, copies of which are attached hereto.
We invite your attention to Page 3 of the Alaska guidelines, Section 3c, as follows:
"Avoid dumping snow in sanitazy landfills and gravel pits. Snow meltwater will create
more contaminated leachate in landfills posing a greater risk to groundwater, and in
gravel pits there is little opporhmity for pollutants to be filtered out of the meltwater
because groundwater is close to the land surface."
We note that the snow storage is in the gravel pit without vegetation or soil uptake, and
that permeability may thus be very high with rapid down-gradient movement of polluted
groundwater. We aze informed that the snow may contain significant chlorides
(magnesium chloride), inorganics and hydro-cazbon oils, and that once the groundwater
becomes contaminated, it cannot be contained or cleaned, which would mean significant
damage to our health and property values. The safety of our local wells is a matter of
great concern to us. If there is well contamination, it would cost the County millions of
dollars to set up a community water system.
We are very concerned about the snow dumping in the gravel pit. We have reviewed the
county ordinance and find it lacking. We would recommend adoption of guidelines
similaz to those used by Alaska.
1+3'iJl
The planning commission would approve another yeaz of snow dumping in the Elam site
only at the site that is being reclaimed. Testing of samples for contamination should be
done by the County as well as by the applicant. Lack of contamination should be
established before the permit is granted for another yeaz of operation. We would not
approve another year of snow dumping unless the County can demonstrate there is no
danger.
The Caucus still has to meet on this issue at the end of the month, and there aze several
neighbors with wells who have a diverse opinion.
We note that not all properties within the 300-foot boundary have been listed on the
applicant's list. We also bring to your attention that the applicant has proposed no
requirements for groundwater monitoring or pollution control. Such measures already
being taken, such as soil and water sampling, should be specified.
Rob Pew
For The Woody Creek Caucus
District Planning Commission
Enclosed or attached: State of Alaska Snow Disposal Area Siting Guidance
EPA -Controlling Nonpoint Source Runoff Pollution
PATRICK ! MILLER i KROPF
ABorneysatLaw wwwwaterlawcom
January 5, 2010
~~~ ~~ ~~
Kevin L. Patrick*
shareholder
patrickC>wate rlaw. com
rcplc to ~Uprn o[iice
Board of County Commissioners
Pitkin County
530 East Main Street
Aspen, CO 81611
Pitkin County Community Development
Attn: Mike Kraemer
City Hall
130 S. Galena Street
Aspen, CO 81611
i~~~~~~„~t ~~, co, oi<, t-~
RE:
Main Office:
730 E. Duran[ Avenue
Suite 200
Elam Construction, Inc., Special Review Application for Commercial Snow Storage Facility
(our file #0179-OOK)
Deaz Commissioners and Mr. Kraemer:
This correspondence is sent on behalf of William Dinsmoor, Jane Dinsmoor, Terry
Hart Caine, Andrea Lewin Wendel and the undersigned, being individual well
owners and citizens which take and use ground water for drinking water supplies in
Woody Creek. These parties own land immediately adjacent to or in extremely close
proximity of the proposed commercial storage site. In addition each of the party's
wells aze located immediately down-gradient of the point of dischazge of the
commercial snow storage site. In some instances, the proposed storage and dischazge
site is located less than 300 feet from water supply wells, immediately up-gradient
from multiple drinking water supply wells.
Aspen, co s1611 While the Applicant, Elam, has historically been a good neighbor and responsible
'(:970.920.1028
'
commercial operator, the proposed commercial storage site is poorly conceived,
f
. 970.925.6847 being located immediately uphill of neighboring wells, on an alluvial terrace, in a
D<m~ur orri«: gravel pit that affords little or no soil or vegetative uptake and assimilation of
999 18th Street melting and dischazged waters. Snow storage contains significant concentrations of
30th Floor street solids, hydro-carbons (vehicle oils), chlorides, such as magnesium chloride,
Denvey co sozoz polycyclic azomatic hydrocarbons, and heavy metals, such as cadmium, lead, zinc
'C. 303.893.9700 and mercury. EPA-841-F-008a; Alaska Dept. Environmental Guidelines for Snow
I'. 303.893.7900
Disposal Area Siting (2007). Snow storage sites concentrate loading of chlorides,
Phoenix orh«: hydrocazbons and heavy metals, which ordinarily are a byproduct of vehiculaz
2415 E. Camelback carbon emissions in relatively low concentrations but become concentrated, or
su;te 700 loaded, by acres of road surface runoff being disposed of in snow disposal sites.
Phoenix, AZ 85016
'f. 480.921.4044 The extremely high permeability of a gravel pit (and the glaciated-alluvial bench)
F~. 480.921.8688 will cause these pollutants to enter groundwater immediately up-gradient of these
'rnlsa orr~e: parties' wells. Even if a layer of soil is placed upon the gravel pit base, snowmelt
7633 E. 63rd Place will contact the highly permeable soils providing direct contact with groundwater. A
Suite 300-18 map depicting these wells, their surface casing elevations and the location and
Tulsa, ox 74133 surface elevation of the commercial snow storage site is attached as Exhibit "A" to
"I'. 918.459.4634 th1S letter.
F. 970.925.6847
a professional corporation '
i~ ~ u ~ 19 ~.,,le~
~~ 1~9--
~'" PATh'ICK'~ MILLE[2'~; KE~OPF
Name
Page 2
January 5, 2010
Studies prepared by the EPA reveal that ground water contamination in highly permeable
gravels/spoils should be avoided. EPA-841-F-008a; Center for Environmental Excellence by
ASSHTO, Project 25-25(04), Section 3.10.04; Alaska Dept Environmental Guidelines for Snow
Disposal Area Siting (2007). Once the pollutant plume contaminates the cones of depressions of
these wells, all use of the properties could be lost with the resulting economic and social
disruption that could lead to the loss of Woody Creek as a neighborhood. Water treatment to
remove chlorides, hydro-cazbons, and heavy metals is extremely costly, and in many instances
impossible. If ground water monitoring were to reveal a pollutant plume from this activity, it is
very likely that a community central system water system would need to be developed for the
100+ residences and businesses in the affected area. The costs associated with development of a
municipal or special district supply system, collection, treatment, storage and distribution could
easily exceed $10,000,000.00. These costs would need to be recouped from the polluter and/or
entity authorizing such siting and discharge.
A review of the application reveals that absolutely no pollutant safeguards are proposed by the
applicant. No ground water monitoring plan with down-gradient wells is proposed. Sampling
surface melt is inadequate, groundwater sampling should be required. No impervious lining of
the disposal site and treatment of discharge is proposed. No hydrocazbon absorbent oil pads are
proposed. The location of the storage and discharge site is as at the far westerly edge of the site,
as close to the drinking water supply wells as possible. The disposal and discharge site is located
in highly permeable soils (gravels), with no little or no sediment or vegetative filtration. The
proposed activity fails to provide means for the retention, collection and treatment of snowmelt
contaminants.
While the Colorado Water Quality Control Division has turned a relatively blind eye toward
snow storage sited (arguably in violation of the mandates of the Clean Water Act), the EPA and
more environmentally sensitive states and communities have recognized the need to protect the
environment and water users.
The State of Alaska has addressed snow storage sites acknowledging that such sites
concentrate loading of heavy metals such as cadmium, lead, zinc and mercury, and
establishing comprehensive best management practices (BMPs) to avoid pollution.
The Department of Environmental Quality of the State of Alaska has promulgated best
management practices (BMPs) for selecting snow storage sites which include:
• Engineered sites away from areas where groundwater is used for drinking water;
• Avoidance of depositing snow in areas with highly permeable soils such as gravel
pits, where groundwater contamination could occur;
• Avoidance of areas without sufficient soils and vegetative cover to aid in the
filtration of snow melt.
The Southeast Michigan Council of Governments has established BMPs that seek to:
~ WQCD Low Risk Discharge Guidance Discharges from Snow Melt Machines, June 2008, and WQCD Policy No. WQP-27, acknowledging that all
discharges require permitting but acknowledging administrative infeasibi]iTy of budget and personnel to petmi[ such discharges).
WaP M K\K L PW W-KP WaterWings Property\Elam Snow S[orage\Draft Comment Ih.doc
PATRICK' MILLFE'. KRO1'F
Name
Page 3
January 5, 2010
Avoid snow storage sites in or neaz gravel pits due to the high probability for
groundwater contamination by lack of filtration of snow melt;
Avoid snow storage sites which aze located in proximity to groundwater supply
wells; and
Require sites selected to have impervious bamers aze low permeable soils.
The Council on Environmental Excellence by ASSHTO sets forth BMPs for snow
storage sites which:
• Avoid sites with medium to high soil permeability to avoid contamination to
groundwater and
• Avoid sites in close proximity to azeas of ground water recharge or water supply
wells.
The Connecticut River Joint Commission between New Hampshire and Connecticut
established BMPs respecting snow storage which seek to:
• Avoid sites with low permeability suggesting impervious sites or membranes be
implemented wherever possible; and
• Avoiding sites in close proximity to water supply wells.
The Minnesota Urban Small Sites Manual establishes BMPs for snow storage in the Twin
Cities which:
• Avoid areas of medium to high permeability; and
• Avoid azeas in close proximity to water supply intakes and wells.
The Nevada Division of State Lands, Nevada Tahoe Resource Area established BMP's
for snow storage and disposal that:
• Avoid azeas near aze near water supply wells; and
• Avoid azeas with high permeability for groundwater contamination.
The Wyoming Department of Environmental Quality set forth BMPs for snow storage
that:
• Recommend the full detention and treatment of snowmelt contaminants; and
• Avoidance of sites which allow for infiltration of pollutants to ground water.
The list goes on. In short, environmentally responsible communities have addressed the potential
for pollution from concentrated snow storage sites. These jurisdictions have universally sought to
avoid sites in close proximity to water supply wells and sites with high permeability soils. The
Elam gravel pit, located in aglacial-cobble terrace, immediately adjacent and up-gradient from
the water supply wells of hundreds of citizens is an example of precisely the type of site which
should be avoided due to site chazacteristics.
The State Engineer's Office well spacing policy provides an assumption that wells located within
six hundred feet of each other have the potential for well to well interference. Gravel pits that
influence or interface with groundwater aze considered wells in Colorado. While the Elam site
W:\P M K\K L P\AW-KP WaterWings Property\Elam Snow Storage\Draft Comment Itr.doc
x I'ATlaCK' NIILEER'; KROFF
Name
Page 4
January 5, 2010
does not interface with groundwater, rapid percolation due to the permeability of gravels will
almost certainly influence or contact groundwater. Groundwater discharges in highly permeable
soils should therefore be expected to have direct contact with wells having cones of depression
within six hundred feet. Any approval of a site at the Elam location should ensure, at a minimum,
that the following conditions are imposed:
1. The snow storage site should have imported clay compacted soils that aze engineered to
be impervious; alternatively, an impervious membrane liner should be required to ensure
that all snowmelt is captured, contained and disposed of by evaporation with remaining
sludge deposed of in accordance with sludge standards;
2. Not less than two down gradient water quality monitoring wells should be required with
water samples provided to the County at least monthly; if chlorides, heavy metals or
hydrocarbons aze detected, suspension of deliveries to the site should be curtailed; and
3. The site should be moved to location which is greater than 600' from the nearest water
supply well. If the condition number 1, above is not required, than the setback should be
increased to 1,200 feet from the neazest water supply well.
As a result of this application, our clients have already had to expend funds to develop a
comprehensive water quality testing and monitoring plan for their wells to establish baseline
water quality. We fully anticipate that if the application is approved, that water quality
degradation will occur constituting a subsurface trespass compelling litigation.
We respectfully request the County adopt the best management practices/standazds imposed by
many responsible jurisdictions and either deny the application based on the particular site
chazacteristics of the Elam site and proximity of existing water supply wells or impose the
conditions set forth above to prevent contamination of water supplies in the Woody Creek area.
Very truly yours,
By:
Kevin_L. Patrick
patrick(a waterlaw. com
cc: Woody Creek Community Center
Woody Creek Tavern
Woody Creek Caucus
Bill and Jane Dinsmoor
Gene Alder, Esq.
Woody Creek Trailer Park Homeowners' Assn.
Terry Hart Caine
Gayle L. Lyman, Elam Construction, Inc.
U ii , , ~ r n W:\P M K\K L P\AW-KP WaterWings Property\Elam Snow Storage\Draft Comment Itr doc
lJl 4
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U Ci~J L J ___
Well Owners of Record
1. W. W. McDonough
2. Jon-Paul Toppino and Stephanie Howe
3. Charles Ho
4. Charles Ho
5. Gene S. and Eva J. Krill
6. Dr. Robert and Sonny Karp
7. Ernest L. and Virginia S. Jones
8. Neligh C. Coates, Jr.
9. Aspen Pitkin County Housing Authority
10. Ted Berkland
11. Paula Kadison
12. Bill and Jane Dinsmoor
13. Kevin Patrick and Andrea Wendel
14. Kevin Patrick and Andrea Wendel
15. James C. Kempner Trust
16. Terri Hart
17. Terri Hart
18. Sunnie Richer and Roger Brooks
19. Leora Pate-Andrew
20. Richard and Katherine Kaplan
21. Howard and Carol Ross
22. Jack McLaughlin
INC.
556 Struthers Avenue
Grand Junction, CO 81501-3826
(970)242-5370 Fax (970)245-7716
January 12, 2010
Board of County Commissioners
Pitkin County
530 East Main St.
Mr. Mike Kraemer
Pitkin County Community Development
130 S. Galena St.
Aspen, CO 81611 Aspen, CO 81611
RE: Elam Construction, Inc. Special Review Application for Commercial Snow Storage Facility,
Pi14-0$
Dear Commissioners and Mr. Kraemer,
This letter is in response to two letters Community Development received regarding the above
referenced Special Review Application. The Letter from Patrick, Miller & Kropf was forwarded to Elam
late Tuesday January 5. The letter from the Woody Creek Caucus District Planning Commission was
forwarded to Elam Wednesday Morning, January 6. The attachments referenced in the Caucus letter
were not provided to Elam until Thursday Morning, January 7. Planning Staff asked if Elam could
provide a response to the letters to include with the Staff report due out on Wednesday. This short time
did not afford Elam adegii~te time to review the letters and research the documents referenced in the
letters. Therefore Elam's written response was not provided for the Staff report.
,Both letters make reference to various pollutants that may be contained within the snow; magnesium
chloride, inorganics, oils, and heavy metals. Although we acknowledge snow removed from various
surfaces potentially contain some type of contaminates, the heaviest concentration of these substances
are encountered when removing snow from public roads. Elam receives snow at this facility from
construction sites and private parking lots which typically do not receive surface treatments.
Following are comments in response to the letter from the Woody Creek Caucus District Planning
Commission dated January 5, 2010:
• Paragraph 3 states: We invite your attention to Page 3 of the Alaska guidelines, Section 3c, as
follows: Avoid dumping snow insanitary landfills and gravel pits. Snow melt water will create
more contaminated leachote in landfills posing a greater risk to groundwater, and in grave! pits
there is little opportunity for pollutants to be filtered out of the melt water because groundwater
is close to the Jond surface."This point is very well taken if the gravel pit has exposed ground
water, or ground water very near the surface. What is not mentioned here is Elam has proposed
Pitkin County Commissioners
Commercial Snow Storage Facility, P314-09
January 12, 2010
Page 2
to store the imported snow in the western part of the pit which has been under reclamation by
importing inert soil. The surface of the imported soil is at a depth of approximately 60 to 80 feet
above ground water. It should also be pointed out that the County Code 4-30-SO(I)-(3)b requires
a 4foot distance between the snow storage area ground water high water mark.
• The Caucus noted that not all properties within the 300-foot boundary have been listed on the.
applicants list. As recommended by Planning Staff, Elam contacted the Aspen/Pitkin GIS
Department to have this list generated. This list, as produced by the GIS Department, was
utilized for the mailings.
Following are comments in response to the letter from Patrick, Miller & Kropf, PC dated January 5, 2010:
• The Patrick letter make numerous references to agencies including, but not limited to, the
Environmental Protection Agency (EPA), Alaska Department of Environmental Conservation
(ADEC), the Center for Environmental Excellence by AASHTO, and several state agencies outside
the state of Colorado. We find it interesting that the Patrick letter makes no mention or
reference to the recently adopted Pitkin County Ordinance that establishes the guidelines that
potential operators of snow dump/storage facilities must comply with.
• Several references were made with regards to the high permeability of a gravel pit which allows
pollutants to easily enter ground water. For this reason, Mr. Patrick states snow storage should
not be allowed in a gravel pit. As discussed above in the Caucus letter the snow storage placed
within the reclamation area is approximately 60 to 80 feet above ground water. This includes
approximately 30 to 40 feet of inert soil to ad as a fiRering medium. Again the County
requirements are a minimum of 4-feet between snow storage and ground water.
• The Patrick letter references the State of Colorado requirement for spacing of wells within 600-
feet. That spacing within 600-feet assumes the potential of well to well interference. The Patrick
letter goes on to recommend that the snow storage be between 600 to 1200 feet up gradient
from the domestic wells. Using the documents referenced in the Patrick letter the ADEC Snow
Disposal Siting Guidance recommends that snow disposal sites be to ted at least 150-feet
upgradient of private wells and 200-feet from public water systems.~he proposed snow storage
sites are at least 200-feet from any of the private wells listed in the Patrick letter.
Pitkin County Commissioners
Commercial Snow Storage Facility, P114-09
January 12, 2010
Page 3
In conclusion it should be noted that the Community Development Staff Report did not indicate any
concerns with Elam's application for Special Review of a Commercial Snow Storage site.
Sincere) ,
Gayle Ly n
Elam Construction, Inc.
Woody Creek Caucus District Planning Commission
P. O. Box 297
Woody Creek, Colorado 81656
January 5, 2010
Pitkin County
Community Development Department
130 S. Galena Street
Aspen, Colo. 81611
Attn: Mike Kraemer
Re: Elam Construction, Inc., Special Review for Snow Storage
The Woody Creek Caucus District Plamung Commission has reviewed the applicant's
request for a special review to establish a snow storage operation. We have met with
representatives. from Elam Construction, and with neighbors with property located in
close proximity to the existing gravel pit, and the proposed snow storage area.
We have been fiunished with copies of the U.S, Environmental Protection Agency
document entitled "Controlling Nonpoint Source Runoff Pollution from Roads,
Highways and Bridges", and the State of Alaska "Snow Disposal Area Siting Guidance"
document, copies of which are attached hereto.
We invite your attention to Page 3 of the Alaska guidelines, Section 3c, as follows:
"Avoid dumping snow in sanitary landfills and gravel pits. Snow meltwater will create
more contaminated leachate in landfills posing a greater risk to groundwater, and in
gravel pits there is little opportunity for pollutants to be filtered out of the meltwater
because groundwater is close to the land surface."
We note that the snow storage is in the gravel pit without vegetation or soil uptake, and
that permeability may thus be very high with rapid down-gradient movement of polluted
groundwater. We are informed that the snow may contain significant chlorides
(magnesium chloride), inorganics and hydro-cazbon oils, and that once the groundwater
becomes contaminated, it cannot be contained or cleaned, which would mean significant
damage to our health and property values. The safety of our local wells is a matter of
great concern to us. If there is well contamination, it would cost the County millions of
dollars to set up a community water system.
We are very concerned about the snow dumping in the gravel pit. We have reviewed the
county ordinance and find it lacking. We would recommend adoption of guidelines
similaz to those used by Alaska
'C7~' Z
x The planning commission would approve another yeaz of snow dumping in the Elam site
only at the site that is being reclaim„ Testing of samples for contamination should be
done by the County as well as by the applicant. Lack of contamination should be
established before the permit is granted for another year of operation. We would not
approve another yeaz of snow dumping unless the County can demonstrate there is no
danger.
The Caucus still has to meet on this issue at the end of the month, and there are several
neighbors with wells who have a diverse opinion.
We note that not all properties within the 300-foot boundary have been listed on the
applicant's list. We also bring to your attention that the applicant has proposed no
requirements for groundwater monitoring or pollution control. Such measures ah~eady
being taken, such as soil and water sampling, should be specified.
Rob Pew
For The Woody Creek Caucus
District Planning Commission
Enclosed or attached: State of Alaska Snow Disposal Area Siting Guidance
EPA -Controlling Nonpoint Source Runoff Pollution
Michael Kraemer
From: Michael Kraemer
Sent: Wednesday, October 28, 2009 10:59 AM
To: 'Gayle Lyman'
Subject: RE: Snow Dump Request
Gayle - Spoke with Lance and. as you know we now do not have the authority to approve a snow
dump permit. However given the circumstances, if you operate within the standards of your
BS-09 permit we won't enforce the issue unless we hear concerns from the public.
Given the timing of the notice requirement for the ordinance and the fact that a snow dump
application requires a public hearing, submit your application as soon as possible and we
will schedule it for a hearing before the BOCC.
Mike
-----Original Message-----
From: Gayle Lyman [mailto:Gayle.Lyman~elamconstruction.com]
Sent: Tuesday, October 27, 2009 3:25 PM
To: Michael Kraemer
Cc: Dave Heiberger
Subject: Snow Dump Request
Mike
Please consider the attached letter for Elam to accept snow under the same conditions as the
2008-2009 resolution.
Let me know if you have any questions.
Gayle L. Lyman
Property Division Manager
Elam Construction, Inc.
Phone 970-242-5370
Mobile 970-260-9902
Fax 970-245-7716
sayle.lymanpelamconstruction.com
1
INC.
556 Struthers Avenue
Grand Junction, CO 81501-3826
(970)242-5370 Fax (970)245-7716
October 27, 2009
Mr. Mike Kraemer
Pitkin County Community Development
130 South Galena St.
Aspen, CO 81611
RE: Snow Dumping. Parcel I.D. 2643-161-02-010.
Mike,
Elam Construction is requesting continued snow dumping at their Vagneur Gravel Pit located in Woody
Creek for the 2009-2010 snow season. Elam will continue to operate under the same conditions listed in
Administrative Decision No. 2-2009 (2008-2009 snow season).
I underrtand the BoCC has recently approved a Special Review process for snow dumping. Although I am
currently working on an application to comply with the new requirements, the review and notice period
required prior to a public hearing could easily take 45 to 60 days from submittal. As you can guess, the
need for snow dumping facilities is now with snow forecasted for this week.
Please contact me at (970) 242-5370 or eavle.IVmanCdelamconstruction.com if you have any questions.
Submitted By:
"~~i~
Gayle yman
Property Division Manager
Elam Construction, Inc.
XC: Dave Hieberger, Aspen Area Manager
l off' I
Alaska Department of
Environmental
Conservation
Division of Water
Nonpoint Source
Pollution Control
w,Nw.dec.atate.ak_us.M+ztE
rr wnosos%ind°x.htm
Anchorage Offtee:
555 Cordova Street
Anchorage, AK 99501
907-269-7692
FAX 907342415
DEC Stomrwater
Information
MInJ/www.dec.state.ak.ushv
aterMmnsodstonnwatedstor
mwater.tam
Snow Disposal Area Siting Guidance
PURPOSE: To provide guidelines regarding snow disposal site
selection, site preparation and maintenance.
APPLICABILITY: These Guidelines aze issued by the
Department of Euvn~onmental Conservation, Division of Water.
They apply to public agencies and private businesses disposing
of snow in the State of Alaska.
BACKGROUND
Finding a place to dispose of collected snow poses a challenge to
communities, municipalities and businesses as they clear roads,
parking lots, bridges, and sidewalks. Snow removed from roads
and parking lots has been shown to contain various pollutants,
including road salt, sand, litter, animal waste, and automotive
pollutants such as metals and oil. For instance, a 2006 study of
firsh fallen snow collected from roads in Juneau and Anchorage
exhibited a visual sheen, indicating the presence of oil or grease.
These samples also showed exceedences of slate water quality
standazds for cadmium, lead, zinc, and mercury (ADEC 2006).
These substances aze not normally characteristic of freshly fallen
snow but are a result of particular land uses related to
urbanization and human activities. As snow melts, these
pollutants can be transported into surface water or groundwater.
The purpose of these guidelines is to help DEC respond to
inquiries about snow disposal requirements and to assist
communities, municipalities and businesses select, prepare, and
maintain appropriate snow disposal sites.
RECOMMENDED GUIDELINES
These guidelines address: (1) community planning for snow
management, (2) disposal site selection; (3) disposal site
characteristics; and (4) disposal site preparation and maintenance
in order to minimize the potential for negative environmental
impacts.
1. COMMUNITY SNOW MANAGEMENT PLANNING
a. Evaluate snow removal and disposal for the community or
site. Adopt snow removal and disposal goals and objectives
for the community. Translate the goals and objectives into
an action plan that clearly delineates steps that will be taken
trader different strove and ice scenarios; target problem areas
(such as aufiesing that leads to overflows).
l o-~' y
b. Develop plowing and retnovaU redistribution plans so citizens know what to expect under
certain conditions. Determine if snow storage capacity adjacent to sites that are routinely
cleared are adequate. If not, estimate the additional needed capacity.
c. Map surface water drainage system of the community. Examine existing drainage maps to
determine where meltwater mnoff will go; identify sensitive water bodies. Identify any
shvcfires (berms, settling basins or ponds) that are in place to control or handle snowmelt
runoff. Evaluate the effectiveness of crurent structural attd maintenance practices in treating
snowmelt runoff.
d. Assess cunent practices used in your cornntuttiry. Identify problem areas that could be
prevented by providing adequate runoff treatment. Develop an action plan to manage them
better.
2. SITE SELECTION PROCEDURES
If community or site planning identifies a need for show storage or disposal areas, sites should be
selected through a comprehensive process. The following steps should be taken:
a. Estimate how much show disposal capacity is needed for dte season so that an adequate
number of disposal sites can be selected and prepazed.
b. Identify sites that could potentially be used for snow disposal such as community or
municipal open space (e.g., parking lots) based on mapphig and knowledge of soils,
slopes, flaw patterns and receiving waters.
c. Prioritize the identified sites with the least environmental impact (using the site selection
criteria, and local or GIS maps as a guide).
d. Consider acquisition of sites to be dedicated to snow storage. It is preferable to have
permanent sites used solely for snow disposal. Permanent sites can be engineered to
tuiniutize environmental impacts and may also be less costly in the long nm than having
a munber of temporary sites not specifically designed for the purpose of snow disposal.
3. DISPOSAL SITE SELECTION CRITERIA
The key to selecting effective snow disposal sites is to locate them adjacent to or on pervious
surfaces in upland areas away from water resoruroes and wells. At these locations, the snow
meltwater can filter in to the soil, leaving behind sand and debris which can be removed in the
springtime. Site characteristics that shotdd be considered:
a. Choose sites located in upland locations that are not likely to impact sensitive
environmental resources fust.
b. Choose site that have a flat slope, are well away from surface water bodies, outside of the
floodplain and well above the grotmdwater table.
c. Choose sites with wetl-drained soil to allow filtration, adsorption and tnicrobia] activity.
Site characteristics and practices that should be avoided:
a. Avoid dumping of snow into any ice covered or open waterbody, including streams,
rivers, lakes, the ocean, reservoirs, ponds, or wetlands.- if areas near waterbodies are.
used, a vegetated buffer should be maintained between the site and the waterbody.
z
b. Do not dump snow within areas where groundwater is used for drhrking water. Select
your site so there is no danger of groundwater contamination by chlorides from road
salts. Where wellhead protection areas have been defined for public water supply wells,
snow disposal sites should not be located in the protection area. In areas where wellhead
protection areas are not designated, such as near private wells, it is recommended that
disposal sites be located at least 150 feet upgradietrt of private and class C wells and 200
feet from Class A or B public water systems.
c. Avoid dumping snow in sanitary landfills and gravel pile. Snow meltwater will create
more contaminated leachate in landfills posing a greater risk fo groundwater, and in
gravel pits, there is little opporhmity for pollutants to be filtered ottt of the meltwater
because groundwater is close [o the land surface.
d. Avoid disposing of snow on top of storm drain catch basins or ix stotmtvater drainage
swales or ditches- Snow combined with sazid and debris may block a storm drainage
system, causing localized flooding. A high volume of Baird, sediment, and litter released
from melting snow also maybe quickly transported through the system into surface
water.
e. Snow disposals sites should not be located in sections of pazks or playgrounds that will
be used for direct contact recreation after the snow season. Accidental ingestion of soils
contaminated with metals can be detrimental to human health, especially in children.
Areas in pazks, such as pazking lots, which arc not nscd for public recreation, can serve as
disposal sites.
4. STfE PREPARATION AND MAINTENANCE
In addition to carefully selecting disposal sites before the winter begins, it is important to prepaze
and maintain these sites to maximize their effectiveness. No matter where the site is located,
management measures need to be employed to reduce water quality impacts of meltwater on
surface and groundwaters and to reduce the amount of meltwater leaving the site. The following
maintenance measures should be undertaken for all snow dispos<11 sites:
a. A silt fence, earOren berm or equivalent barrier should be placed securely on the
downgradient side of the snow disposal site. '17rese types of structures can be used to
direct meltwater and surface runoff to settling ponds or detention basins acrd to minimize
the possrble seepage of contamirumts into groundwater. If earthen berms orchannels are
used to contain or direct the flow of melt water they should be stabilized to prevent soil
emsiou during high flows.
b. To filter pollutants out of the meltwater, a vegetative buffer ship should be maintained
during the growth season between the disposal site and adjacent waterbodies or storm
drains that discharge to surface water.
c. Debris/litter should be cleared from the site and prroperly disposed prior to and at the end
of the snow season.
d. Restore the soil if needed. Regrade if channcli~atiou from snowmelt or flowing water
has occurred. Reseed with appropriate vegetation.
e. Monitor the quality of snowmelt and the receiving water, especially if it is likely to
infiltrate into the local groundwater system.
13
Consult with your local community or municipality for technical guidelines on snow site
management and operaflons.
FOR MORE INFORMATION
If you need more information, please contact Greg Drzewiecki, (907) 269-7692.
References:
Alaska Department of Environmental Conservation (ADEC). 2006. Evaluation of Snow
Disposal into Near Shore Marine &ivironments. Prepared by CH2MHil1. June.
Carlson, Robert F., David L. Bazns, Nathanael Vaughan, Anna Forssh-om 2003. Synthesis of
Best Management Practices for Snow Stotage Areas. University of Alaska, Fairbanks.
Department of Civil and Environmental Engineering. Alaska Deparhnent of
Transportation and Public Facilities Research &'1'echnology Trzusfer. FHWA-AK-RD-
03-04. September.
Emmons and Olivier Resources & Center for Watershed Protcction. 2005. Issue Paper "G" -
Cold Climate Considerations for Surface Watcr Management. Prepared for Minnesota
Stormwater Manual Sub-Committee.
Massachusetts Department of Environmental Protcction. 2001. Bureau of Resource Protection -
Snow Disposal Guidance. Guideline No. BRPGOl-O1
http://www.mass.gov/dep/water/laws/snowdisp.htm
Mirmcsota Storm~vater Steering Comnrittce. 2005. The Minnesota Storniwater Manual Version
1.0 Novemberhttp://www.pca.state.urn.us/water/stormwatei/stormwater-manual.htnil
Municipality of Anchorage. 2005. Design (:riteria Manua]. Chapter 2 Drainage. June.
Wheaton, S.R. and W.J. Rice, 2003. Siling, design and operational conhrols for snow disposal
sites. In Praceedings -Urban Drainage and flighH~ay Runoff in Cold Climate, March 25-
27, 2003, Riksgransen, Sweden, pp.85-95.
fir.
C:ontrollmg KunotY trorn Koads, riighways and tindges ~ Polluted Kunolt (Nonpornt Jour... t'age 1 oY J
u~f"'H'S's V.S. ENVIROf+tMEf+J'fAt f'ROTECTfi?tV AG£MCT
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~ Polluted Runoff (Nonpoint Source
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Recftnt A4dido115I Contact Sts I Plintyetsieo search:
EPp Home > Water> yJ~tlarM~eens 8 Watersheds> Pdided Runoff jfVOnpdnl Source Pollution)
> Conltdling (NPS) Runoff from Roads, Highways and Bridges
What is NPS Controlling Nonpoint Source Runoff
Pollution
NPSGategaies Pollution from Roads, Highways and
Pabiications s Bridges
brio Resources
Education Resources EPA, Office of Weter, August 1995 (EPA-1341-F-95-OOBa)
Funding
Outreach
GWA 3eciion 399
CZARA 5action 6297
State-EPA NPS
Partnership
! - `~ Note: This information is provided for reference
purposes only. Although the information provided
fy- here was accurate and currentwhen first created,
it is now outdated.
Eve,MS Calendar Roads, highways, and bridges are a source of significant contributions of pollutants
• ~ to our nation's waters. Contaminants from vehicles and activities associated with
road and highway construction and maintenance are washed from roads and
roadsides when it rains or snow melts. A large amount of this runoff pollution is
_~ carried directly to water bodies.
Contaminants in Runoff Pollution
Runoff pollution is that assocated with rainwater or melting snow that washes off
roads, bridges, parking lots, rooftops, and other impermeable surfaces. As it flows
over these surtaces, the water picks up dirt and dust, rubber and metal deposits
from fire wear, antifreeze and engine oil that has dripped onto the pavement,
pesticides and fertilizers, and discarded cups, plastic bags, cigarette butts, pet
waste, and other litter. These contaminants are carried into our lakes, rivers,
streams, and oceans.
Contaminants in runoff pollution from roads, highways, and bridges include:
Sediment: Sediment is produced when soil particles are eroded from the land and
transported to surface waters. Natural erosion usually occurs gradually because
vegetation protects the ground. When land is cleared or disturbed to build a road or
bridge, however, the rate of erosion increases. The vegetation is removed and the
soil is left exposed, to be quickly washed away in the next rain. Erosion around
bridge structures, road pavements, and drainage ditches can damage and weaken
these structures.
Soil particles settle out of the water in a lake, stream, or bay onto aquatic plants,
rocks, and the bottom. This sediment prevents sunlight from reaching aquatic
plants, dogs fish gills, chokes other organisms, and can smother fish spawning and
nursery areas.
Other pollutants such as heavy metals and pesticides adhere to sediment and are
transported with it by wind and water. These pollutants degrade water quality and
can harm aquatic life by interfering with photosynthesis, respiration, growth, and
reproduction.
Oils and Grease: Oils and grease are leaked onto road surfaces from car and truck
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Controlling Runoff from Roads, Highways and Bridges ~ Polluted Runoff (Nonpoint Sonr... Page 2 of 5
engines, spilled at fueling stations, and discarded directly onto pavement or into
storm sewers instead of being taken to recycling stations. Rain and snowmelt
transport these pollutants directly tc surface waters.
Heavy Metals: Heavy metals come from some "natural" sources such as minerals
in rocks, vegetation, sand, and salt. But they also come from car and truck exhaust,
wom tires and engine parts, brake linings, weathered paint, and rust. Heavy metals
are toxic to aquatic life and can potentially contaminate ground water.
Debris: Grass and shrub clippings, pet waste, food containers, and other household
wastes and litter can lead to unsightty and polluted waters. Pet waste from urban
areas can add enough nutrients to estuaries to cause premature aging, or
"eutrophication:'
Road Salts: In the snowbelt, road salts can be a major pollutant in both urban and
rural areas. Snow runoff containing salt can produce high sodium and chloride
concentrations in ponds, lakes, and bays. This can cause unnecessary fish kills
and changes to water chemistry.
Fertilizers, Pesticides, and Herbicides: If these are applied excessively or
improperly, fertilizers, pesticides, and herbicides can be carried by rain waters from
the green parts of public rights-of-way. In rivers, streams, lakes, and bays,
fertilizers contribute to algal blooms and excessive plant growth, and can lead to
eutrophicetion. Pesticides and herbicides can be harmful to human and aquatic life.
Recognizing and Controlling Runoff Pollution
Erosion gullies on land cleared of vegetation at a road construction site are a sign
of sediment runoff. Iddescence (rainbow colors) in runoff water is a sign of spilled
petroleum products washing off roads. Other signs of runoff pollution during road
construction include obvious changes in streams or rivers downstream from the
construction, such as bank erosion and sloughing, muddy or oily water, and
sandbar relocation. Clumps of mud on roads leaving a construction site can lead to
sediment Flows heading for drainage ditches and storm inlets that empty into
nearby streams.
Rad projects should incorporate pollution prevention ,preferably by reducing the
amount of pollutants released, into an effective runoff pollution control plan.
Best management practices such as permanent stone water retentioNdetention
ponds, slope protection, or grass strips, and temporary sediment traps, silt fences,
diversion trenches, and provisions for washing vehicles before they leave the
construction site are all means to reduce runoff pollution.
Pollution Prevention and Control Programs and Regulations
The need to protect our environment has resulted in a number of pollution control
laws, regulations, and programs. The Implementation of these programs takes
place at all levels -federal, state, and local.
Clean Water Act
In 1987, Congress established the Nonpoint Source Management Program under
secbon 319 of the Clean Water Act (CWA), to help stales address nonpoint source,
or runoff pollution by identifying waters affected by such pollution and adopting and
implementing management programs to control it. These programs recommend
where and how to use best management practices (BMPs) to prevent runoff from
becoming polluted, and where it is polluted, to reduce the amount that reaches
surface waters.
Coastal Zone Management Act and Reauthorization
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Controlling Runoff from Roads, Highways and Bridges ~ Polluted Runoff (Nonpoint Sour... Page 3 of 5
The Coastal Zone Management Act of 1972 established a program for states and
territodes to voluntarily develop comprehensive programs to protect and manage
coastal water resource.
There are now 29 states and territories with federally approved coastal zone
management programs.
The Coastal Zone Act Reauthorization Amendments (CZARA) of 1990 specifically
charged the coastal states and territories with developing upgraded programs to
protect coastal waters from runoff pollution. This program is administered nationally
by the Environmental Protection Agency (EPA) and the National Oceanic and
Atmospheric Administration (IVOAA). CZARA applies to construction sites in 29
states and territories where less than 5 acres is disturbed. CZARA also applies to
storm water runoff from roads that is carried by munidpal separate storm sewer
systems that serve populations of less than 100,000.
National Pollution Discharge EliminatiomSystem
Construction sites where 5 or more acres are disturbed are considered point
sources of pollution and require a Natidnal Pollutant Discharge Elimination System
(NPDES) storm water permit under section 402 of the CWA. In eddltlon. the
following types of storm water discharges are regulated under the NPDES permit
program: discharges from municipal separate sewer systems serving populations of
100,000 or more; discharges associated with industrial activities, induding
construction sites of 5 acres or more; and other discharges identified by EPA or a
state as needing an NPDES permit because they contribute to a water quality
violation.
EPA is developing regulations for other storm water discharges, which may include
discharges from municipal separate stone sewer systems serving populations of
less than 100,000 and discharges assodated with commemial operations, light
industries, and construction sites of less than 5 acres. If and when construction
sites of less than 5 acres are regulated under the NPDES program, they will no
longer be subject to the requirements of CZARA.
Intermodal Surface Transportation Efficiency Act
A major piece of legislation designed to expand and improve the quality and
condition of our national highway and transportation systems is the Intermodal
Surface Transportation Efficiency Act (ISTEA) of 1991, better Imown as "ice tea."
This act contains provision for the planning and developing of highway systems and.
a host of transportation enhancements activities including the mitigation of water
pollution due to highway runoff.
Through ISTEA, states are able to use a portion of their federal funding allotment
for runoff pollution control devices and other BMPs to prevent polluted runoff from
reaching their lakes, rivers, and bays.
Other EPA Programs
Other EPA programs that help control roadway pollution include the National
Estuary Program (NEP) established by the CWA and the pesticides program under
the Federal Insecticide, Fungicide and Rodentidde Act. The NEP focuses on point
sources and runoff pollution in targeted, high-priority estuaries. The pesticides
program regulates pesticides that might threaten ground and surface waters.
Management Measures and Best Management Practices
CZARA established goals to be achieved in controlling ifie addition of pollutants to
out coastal waters. EPA developed a Guidance Specifying Management Measures
for Sources of Nonpoint Pollufwn in Coasial Waters. States with approved coastal
zone management programs are required to incorporate the Guidance
management measures, or more stringent management measures, into their
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Controlling Runoff from Roads, I-Iighways and Bridges ~ Pallnted Runoff (Nonpoint Sour... Page 4 of 5
Coastal Zone Nonpoint Source Control Programs. CWA section 319 programs
assist states in the development of nonpoint source controls.
Key management measures for roads, highways, and bddges include the fallowing:
. Protect areas that provide important water quality benefits or are particularly
susceptible to erosion or sediment loss.
. Limit land disturbance such as dearing and grading and cut fill to reduce
erosion and sediment loss.
. Limit disturbance of natural drainage features and vegetation.
. Place bddge structures so that sensitive and valuahle aquatic ecosystems
are protected.
. Prepare and implement an approved erosion control plan.
• Ensure proper storage and disposal of toxic material.
. Incorporate pollution prevention into operation and maintenance procedures
to reduce.pollutant loadings to surtace runoff.
. Develop and implement runoff pollution controls for existing road systems to
reduce pollutant concentrations and volumes.
Consult the Guidance for detailed information on the management measures.
Management measures, as a practical matter, can often be achieved by applying
best management practices appropriate to the source of runoff, runoff location, and
Gimate. The Guidance suggests a number of best management pradices that are
options for states to use In successfully achieving management measures for
bridges, road construction, road maintenance, and operation.
Examples of best management practices for roads, highways, and bridges indude:
Avoid highway locations that require numerous river or wetland crossings (to
achieve the Management Measure for Bddges).
Coordinate erosion and sediment controls with the Federal Highway
Administration (FHWA}, the American Association of State Transportation
Offidals (AASHTO), and state guidelines (to achieve the Management
Measure for Construction Projects).
Collect and remove road debris and repair potholes (to achieve the
Management Measure for Operation and Maintenance).
For More Information
To obtain more information on the Clean Water Act, runoff (nonpoint source)
pollution control programs, CZARA, storm water regulations and contrpl, ISTEA, or
management measures and BMPs for roads, highways, and bridges, contact the
appropriate offices listed below.
United States Environmental Protection Agency Nonpoint Source and NPDES
Siorrn Water Coordinators:
. U.S. EPA Region 1 (Connecticut, Maine, Massachusetts, New Hampshire,
Rhode Island, Vermont) NPS (617) 565-3513 NPDES Storm Water (617)
565-3580
. U.S. EPA Region II (New Jersey, New York, Puerto Rico, Virgin Islands)
NPS (212) 63T-3701 NPAES Storm Water (212) 637-3724
. U.S. EPA Region III (Delaware, Maryland, Pennsylvania, Virginia, West
Virginia) NPS (215) 597-3429 NPDES Storm Water (215) 597-0547
. U.S. EPA Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi,
North Carolina, South Carolina, Tennessee) NPS (404)346-2126 NPDES
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Storm Water (404) 347-3012
• U.S. EPA Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin)
NPS (312) 686-0209 NPDES Storm Water (312) 686-6100
. U.S. EPA Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas)
NPS (214) 665-7140 NPDES Storm Water (214) 665-7175
• U.S. EPA Region VII (Iowa, Kansas, Missouri, Nebraska) NPS (913) 551-
7475 NPDES Storm Waier (913) 551-7418
• U.S. EPA Region VIII (Colorado, Montana, North Dakota, South Dakota,
Utah, Wyoming) NPS (303) 293-173 NPDES Storm Water (303) 293-1630
• U.S. EPA Region IX (Arizona, California, Hawaii, Nevada) NPS (415) 744-
2011 NPDES Storm Water (415) 744-1906
• U.S. EPA Region X (Alaska, Idaho, Oregon, Washington) NPS (206) 553-
4181 NPDES Storm Water (206) 553-8399
• U.S. EPA Headquarters NPS (202) 260-7100 NPDES Storm Water (202)
260-9541
• Chesapeake Bay Program (800) 968-7229
• Gulf of Mexico Program (601) 688-7940
Federal Highway Administration Local Transportation Assistance Program (LTAP)
Technology Transfer(T2) Centers:
The LTAP program provides training and technical assistance to IocaUiribal
government transportation agencies on roads and bridges. For the location of the
LTAP T2 center in your state, contact the T2 Clearinghouse at (202) 347.7267.
Wafer I Wetlands, Oceans & Watersheds I Watershed Protection
EPA Hpme I Privacy and $ftardty Nolipg I Contact Us
Last updated on Friday, Mardi 7di, 2008
URL: ht~:!lwww.epa.govlOWOWMPSIroads.html
http://www.epa.gov/OWOW/NP5/roads.html
12/28/2009
cJ
INC.
V - 556 Struthers Avenue
Grand Junction, CO 81501-3826
(970) 242-5370 Fax (970) 245-7716
November 3, 2009
Mr. Mike Kraemer
Pitkin County Community Development
130 South Galena St.
Aspen, CO 81611
RE: Special Review for Commercial Snow Storage. Parcel I.D. 2643-161-02-010.
Mike,
Please find attached 7 copies of an application for Special Review for Commercial Snow Storage. This
application complies with Land Use Cade Section 2-30-30(h) "One-Step Review Procedure; Criteria for
Approval" and addresses criteria outlined in Land Use Code Section 4-30-SO(I)
"Snow/Dumping/Storage'.
Also enclosed is an executed Agreement for Payment of Land Use Application Fees along with a check in
the amount of $1,207.00 for the associated application fees. Finally, a list of all property owners and
mineral estate owners within 300' of the subject property is included. This list was generated by the City
of Aspen and Pitkin County GIS Department.
Please contact me at (970) 242-5370 or gavle.Ivman@elamconstruction.com if you have any questions.
Submitted By:
Gayle L. man `~
Prope Division Manager
Elam Construction, Inc.
enclosure
r,e,, ,~1
PITKIN COUNTY PRE-APPLICATION
SUMMARY
LOCATION: 7911 Uoper River Road
OWNER(S): Elam Construction. Inc.
PID# 2643-161-02-010
PHONE and EMAIL: 970-242-5370
gayle.lyman @ e lamconstruction.com
REPRESENTATIVE: Gavle Lvman
DATE: October 23, 2009 PLANNER: Mike Kraemer, 920.5482
Type of Application: Special Review for Commercial Snow Storage
Description of ProjecUDevelopment: The Applicant is requesting Special Review to establish a snow storage operation.
Sec. 2-30-30(h): Special Review
Sec. 4-30-50(>): Use Specific Standards for Snow Dumping/Trncking/Storage (see attachment)
Staff will refer the application to the following agencies:
Review by: BOCC.
Public Hearing: Yes. The Applicant shall post a public notice sign on the property at least 15 days prior to the hearing
and shall mail notice to all property owners within 300' of the subject property at least 30 prior to the hearing with the
return address of the Community Development Department (copy of the notice to be obtained from the Community
Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they
appear no more than 60 days prior to the date of the public hearing.
FEES: $1,207
• Planning Office flat fee: $998 non-refundable; based on 4 hours of staff time If staff review time exceeds 4.8 hours, the Applicant
will be chazged for additional time above 4 hours at a rate of $249/hour)
o Public Notice Fee: $54
o Web Technology Fee: $25
o Clerk Fee: $130
To apply, submit 7 (2 unbound] copies of the following information, unless noted otherwise:
1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing
compliance with the Code sections listed above.
2. 24" by 36" and 11" by 17" Site Plan showing compliance with Section 4-30-50(I)
3. Previous Land Use Approvals (if applicable);
4. Proof of ownership of subject property;
5. Parcel description, including legal description and vicinity map;
6. Total fee for review of the application;
7. Signed fee agreement (1 copy);
8. Consent from owner(s) w process application and authorizing the representative (1 copy)
9. List of all property owners and mineral estate owners within 300' of the subject property (1 copy)
10. Copies of this pre-app form
vi~i~ '
~,
NOTES:
- PLEASE SUBMlT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE.9PPL/CAT/ON. PLEASE SUBM/T TWO-S/DED COPIES
OFALL REMAIN/NG COPIES OF YOUR APPLICATION (lF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ONALL
DOCUMENTS INCLUDED INYOUR APPLICATTON.
- ALL MAPS SHALL BE FOLDED.
- This pre-application conference summary is advisory in nature and not binding on the County. The information provided in this summary is
based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional information may be
required upon a complete review of the application.
- The Land Use Code is available on-line at httn://www.asnennitkin.com/dents/71/
- The Land Use Application manual is av¢t7abk on-line at
httn://www.asnennitkin.com/ndfs/dents/7/Land Use Anntication Manual.odf
~~` 03
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter "COUNTY") and Elam Construction. Inc.
(hereinafter "APPLICANT") AGREE AS FOLLOWS:
APPLICANT has submitted to COUNTY an application for Commercial Snow Storage
(hereinafter, the "PROJECT").
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 32-2002 establishes a fee
structure for land use applications and the payment of all processing fees is a condition precedent to a determination of
application completeness. The fee structure is based on the COUNTY'S policy that development shall pay, in full, the
cost of development review in the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the
expense incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed PROJECT, it
may not be possible at the time of application to ascertain the full extent of the costs involved in processing the
application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall
accumulate if an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete
processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable
the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval,
unless current billings aze paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full
fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $1,207.00
which is based on 4 hours of staff time, and if actual time spent by staff to process the application exceeds the average
number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent.
Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay
such accmed costs shall be grounds for suspension of processing.
PITKIN COUNTY Elam Construction, Inc.
("APPLICANT")
Cindy Aouben
Community Development Director
Bye
Ga/ ]e L ma Pro ert Division Mana er
Print Name and Title (if applicable)
Date•
Mailing Address: 556 Struthers Ave.
Grand .function, CO 81501
ASPEN FIRE PROTECTION DISTRICT ASPEN SPORTS CAR CLUB LLC B WILLSON ENTERPRISES INC
420 E HOPKINS AVE PO BOX 549 PO BOX 82
ASPEN, CO 81611 WOODY CREEK, CO 81656 WOODY CREEK, CO 81656
BATINKOFF RANDALL M 1/3 BOWERS THOMAS J BRAUN WILLIAM
516 CROSS RIVER RD 408 S HUNTER ST PO BOX 337
KATONAH, NY 10536 ASPEN, CO 81611 WOODY CREEK, CO 81656
BROWN COLLEEN M COLANERI JUDITH LUCIA CRAIG KATHLEEN
405 D AABC PO BOX 8653 49 MCGEE RD
ASPEN, CO 81611 ASPEN, CO 81612 GREAT BARRINGTON, MA 01230
DEYOUNG MARK R DINSMOOR W ILLIAM P J& JANE K A ECKARDT DAVID W
PO BOX 333 PO BOX 121 PO BOX 457
WOODY CREEK, CO 81656 WOODY CREEK, CO 81656 WOODY CREEK, CO 81656
HALL ANDREW D KRILL GARY G & DORIS AUDREY LIEBMANN LEE M
PO BOX 194 PO BOX 143 PO BOX 10
WOODY CREEK, CO 81656 WOODY CREEK, CO 81656 WOODY CREEK, CO 81656
MANAUS FUND MOONEY MAUREEN JULIENNE PATRICK KEVEN L
PO BOX 2026 BOX 401 WENDEL ANDREA M
CARBONDALE, CO 81623 WOODY CREEK, CO 81656 730 E DURANT AVE #200
ASPEN, CO 81611
PITKIN COUNTY PRINCE CLIFTON H RICHMOND ROBERT L & JUDITH L
530 E MAIN ST #302 PO BOX 234 PO BOX 6875
ASPEN, CO 81611 WOODY CREEK, CO 81656 SNOW MASS VILLAGE, CO 81615
ROLAND ANNE S SAUCEDO JOSE HUGO SCHLEIN RICHARD
PO 8OX 9968 PO BOX 1991 PO BOX 44
ASPEN, CO 81612 BASALT, CO 81621 WOODY CREEK, CO 81656
SLOEZEN ROBERT THUILLIER ROBERT P TOPPING JON PAUL
PO BOX 284 PO BOX 392 11150 SANTA MONICA BLVD
WOODY CREEK, CO 81656 WOODY CREEK, CO 81656 LOS ANGELES, CA 90025
VILLALOBOS JUAN ANTONI VOLCKHAUSEN WILLIAM WAGNER MONA LISA
PO BOX 342 PO BOX 7046 156 WOODY CREEK PLAZA
WOODYCREEK, CO 81656 SNOW MASS VILLAGE, CO 81615 WOODY CREEK, CO 81656
~~~)~~5
WELLS KAREN E WESTERN MOBILE NORTHERN INC WINSTON GORDON R 1/3
3470 RIDGEWOOD RD C/O LAFARGE CORPORATION 516 CROSS RIVER RD
ATLANTA, GA 30327 10170 CHURCH RANCH WAY STE 200 KATONAH, NY 10536
WESTMINSTER, CO 80021
WOLKOFF STEPHANIE WINSTON 1/3
791 PARK AVE #2A
NEW YORK, NY 10021
WOODY CREEK CENTER CONDO
ASSOC
0002 WOODY CRK PLAZA
WOODYCREEK,CO 81656
WOODY CREEK DEVELOPMENT CO
6804 2ND ST/FRED HARTMEISTER
LUBBOCK, TX 79416
WOODY CREEK MOBILE HOA
PO BOX 95
WOODY CREEK, CO 81656
~~~~~06
ELAM CONSTRUCTION, INC
SPECIAL REVIEW
FOR
COMMERCIAL SNOW STORAGE
NOVEMBER, 2009
~~~~007
INTRODUCTION
The Elam Construction, Inc. property, commonly known as the Vagneur Gravel Pit, is located
near Woody Creek, approximately 8 miles westerly of Aspen. See Vicinity Map. The Vagneur Pit
is being proposed by Elam to be used as a Commercial Snow Dump and Storage Facility during
winter months. This Commercial Snow Storage facility will accept of snow removed from both
public and private entities. This request to allow acceptance of snow, will not alter the
conditions for gravel extraction, processing, asphalt plant and concrete plant operations.
Elam proposes two locations for snow dumping/storage within the Vagneur pit. The first is
located in the northwestern portion of the pit. This area has been previously been mined out
and partially reclaimed using imported material. This area is approximately 40 feet above the
floor of the gravel pit. The second area is located within the excavated floor of the pit along the
western edge. See Site Map for location of snow dumping/storage areas.
Elam is requesting the Use Permit for snow dumping/storage to run concurrently with the
recently approved mining permit. As stated in the recently approved County Resolution to
expand the Vagneur Gravel Pit, the terms of operation are for 20 years, plus 1 year for
reclamation. Therefore, Elam respectfully requests the length of the snow dumping/storage
permit of 20 years or such time that final reclamation has commenced, whichever is sooner.
Following is a brief discussion of the permitting history of the Elam Construction property.
GRAVEL PIT PERMITTING HISTORY
The Vagneur Pit was originally permitted by Pitkin County in the late 1970's as a small gravel pit
operation with a 5 year permit, and subsequent renewals. The operation was then permitted by
the Colorado Division of Reclamation, Mining and Safety (formerly Division of Minerals and
Geology) in 1980 for the entire property acreage of 104.7 acres.
Pursuant to the BOCC Resolution 88-47, the County then permitted the operation as a 10-year
Special Review Use for the Elam Construction gravel pit, asphalt plant and concrete plant. This
original Resolution/approval was the guiding approval for the operation, and as a condition, the
County required an annual public hearing and continued approval.
The 10-year Special Use permit (88-47) expired May 24, 1998 and the BOCC granted a one-year
extension permit in order to allow Elam time to prepare and submit a request for a long term
extension. On April 14, 1999, the BOCC granted a 10-year extension for the operations pursuant
to BOCC resolution 99-69, which carried over and updated many of the conditions from the
1988 permit.
The 10-year extension of the Special Use permit (99-69) was set to expire on April 14, 2009. In
2006, Elam submitted an amendment to the County requesting an extension to the Use Permit
Parcel ID: 2643-161-02-010 Page 1 Vogneur Pit
~~~~~?08
and an expansion to the mining area within the original permit boundary to add approximately
19 acres. On October 11, 2006 the BOCC granted a 20-year extension for the operations (plus 1
year for reclamation), Resolution 129-2006 pursuant to BOCC resolution Numbers 88-47 and99-
69 was issued.
On November 10, 2006, a complaint against the Board of County Commissioners of the County
of Pitkin and Elam Construction, Inc. alleging violations of Pitkin County Land Use Code
regulations was filed in District Court. On September 8th, 2008, District Court Judge Gail H.
Nichols ordered Resolution 129-2006 be vacated and remanded back to the Pitkin County
Board of County Commissioners for further proceedings. On August 12, 2009, The BOCC heard
additional testimony during a public hearing and again approved a 20-year extension for
operations associated with the gravel pit.
SNOW STORAGE PERMIT HISTORY
The requirement for obtaining a Use Permit for Commercial Snow Dump/Storage Facility first
became a County Requirement in January 2008. Elam made application to the County for snow
dumping/storage for the 2008/2009 winter season. Administrative Decision No. 2-2009 was
issued for the snow storage site.
Porcel ID: 2643-161-02-010 Page 2 Vagneur Pit
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VICINITY MAP
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Parce! ID: 2643-161-02-010 Page 3 Vagneur Pit
~~!~~10
SITE MAP
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ParcellD:2643-161-02-010 Page 4 VagneurPit
v ~ ~~ ~ l .!
APPLICANT'S BACKGROUND INFORMATION
October 28, 2009
To Whom It May Concern:
Elam Construction, Inc. is the owner of parcels on which the Vagneur Pit is situated. The Representatives
from Elam Construction which will be working on this project are:
Gayle Lyman, Property Division Manager
Dave Heiberger, Aspen Area Manager
Elam Construction, Inc.
SS6 Struthers Ave.
Grand Junction, CO 81501-3826
If you have any questions regarding the authorized representatives for permitting of the Vagneur Pit for
Commercial Snow Dumping/Storage, please feel free call myself at (970)-242-5370.
Sincerely,
~~~
Gayle L. man
Property Division Manager
Parce11D:2643-161-02-010 Page 5 VogneurPit
~~!j~'12
PARCEL DESCRIPTION
The site is approximately 10 miles northwest of downtown Aspen. The total permit area is
104.72 acres, consisting of two parcels: one is 98.33 acres and the other is 6.39 acres.
LEGAL DESCRIPTION
A tract of land located within Section 16, Township 9 South, Range 85 West of the 6`h Principal
Meridian, County of Pitkin, State of Colorado and being more particularly described as follows:
PARCEL 1 beginning at the Northwest Corner of the Northeast Quarter of Section 16, Township
9 South, Range 85 West, S 18°00'06" E a distance of 164.84' to the Point of Beginning; thence S
70°55'12" E a distance of 393.66'; thence S 68°39'07" E a distance of 527.45'; thence S
56°33'16" E a distance of 538.74'; thence 5 53°21'46" E a distance of 434.89'; thence N
81°18'38" E a distance of 409.36'; thence N 63°51'28" E a distance of 218.35'; thence S
84°47'32" E a distance of 369.63'; thence 5 00°24'36" E a distance of 2411.08'; thence S
85°34'00" W a distance of 756.58'; thence N 30°00'00" W a distance of 75.42'; thence N
34°50'00" W a distance of 284.00'; thence N 28°28'40" W a distance of 443.00'; thence with a
curve turning to the right with an arc length of 99.32', with a radius of 349.24'; thence N
12°11'00" W a distance of 150.00'; thence with a curve turning to the left with an arc length of
161.97'. with a radius of 243.31'; thence N 50°19'30" W a distance of 250.00'; thence with a
curve turning to the right with an arc length of 103.50', with a radius of 600.00', thence N
40°26'30" W a distance of 359.94', thence with a curve turning to the left with an arc length of
62.06', with a radius of 484.85'; thence N 47°46'30" W a distance of 260.94'; thence with a
curve turning to the left with an arc length of 77.71', with a radius of 114.69'; thence N
15°04'14" W a distance of 610.19'; thence with a curve turning to the left with an arc length of
200.35', with a radius of 1095.00'; thence N 25°33'14" W a distance of 694.44'; which is the
Point of Beginning, having an area of 4283097 square feet, 98.326 acres.
PARCEL 2 beginning at the Southwest Corner of the Northeast Quarter of Section 16, Township
9 South, Range 85 West, N 70°42'24" E a distance of 842.64' to the Point of Beginning; thence N
80°03'00" E a distance of 634.37'; thence N 50°19'30" W a distance of 250.00'; thence with a
curve turning to the right with an arc length of 108.67', with a radius of 630.00'; thence N
40°26'30" W a distance of 359.94'; thence with a curve turning to the left with an arc length of
58.23', with a radius of 453.82'; thence N 47°46'30" W a distance of 260.94'; thence with a
curve turning to the left with an arc length of 46.92', with a radius of 84.69'; thence S 10°09'30"
E a distance of 870.74'; which is the point of beginning, having an area of 278519.21 square
feet, 6.394 acres.
ParcellD:2643-161-02-010 Poge 6 VagneurPit
~€~3'? 13
DISCLOSURE OF PROOF OF OWNERSHIP
The surface and mineral rights owner of the property is:
Elam Construction, Inc.
556 Struthers Ave.
Grand Junction, CO 81501-3826
The following attached documentation supports the legal ownership as well as the legal
creation of the property:
• A copy of the Trustee's Deed, which conveys the property described to Elam
Construction.
• Resolution No. 82-10 of the Board of County Commissioners of Pitkin County granting
final plat approval for the creation of the described property.
Parce11D:2643-161-02-010 Page 7 VagneurPit
~~Vi3~l2
TRUSTEE'S DEED
d~~K g~J'1 race 147
THIS TRUSTEE'S DEED, made this 18th day of September,
1985, between CLAYTON L. VAGNEUR, AS SOLE TRUSTEE OF THE
CLARICE J. VAGNEUR TRUST created under the Will of Sullivan
Vaqneur, deceased, as duly admitted to probate in the District
Court in and for Pitkin County, Colorado, No. P-1071, on March
12, 1971, Grantor, and ELAM CONSTRUCTION, INC., a Colorado
Corporation, Grantee,
WITNESSETH, Grantor, for and in consideration of the sum
of Ten Dollars and other valuable consideration hereby grants,
bargains, sells and conveys to Grantee, all of the followin
described teal es [a to situate in the County of Pitkin ~'~
Colorado, to-wit: ~ ,.__ .
Lot 1, Elam Subdivision, according to the Plat ~ ~~~
[hereof cecorded June 2, 1982, in Plat Eook 13 a
Page 47 as Reception No. 241658, ~e L 5a~.39
Together with any and all easements, rights of way
and appurtenances thereunto belonging and all of the
right, title, interest, estate, claim and demand
whatsoever of the Grantor either in law or equity,
of, in and [o the above described property;
Except and subject to genecal property taxes for the
curcent yea[, V.S, patent reservations and exeep-
tions, any and all easements and rights of way of a
public or private nature, planning, zoning and other
gover nmental rules and regulations and prior oil, gas
and other mineral reservations and exceptions, if any;
TO HAVE AND HOLD the above-described property, with all
appurtenances, unto the Gran[e e, its successors and assigns;
and the Grantor, foc himself and his successor, warrants the
title thereto against all persons claiming under him.
IN WITNESS WHEREOF, Gtantot has executed this Trustees-'
Deed the day and yeac fits[ above written.
STATE OF COLORADO
Clayt p,4( L. Vaqneur ae.~ole Trustee
of the Clarice J. Vaqneur Trust
created under the Will of Sullivan
Vaqneur, Deceased
S6.
COUNTY OF GARFIELD )
The within an~ foregoing instrument was acknowledged
before me Chis i.)k~ day of September, 1985, by Clayton L.
~{dc~ N"'uk'. •.,as Sole Trustee of the Clarice J. Vaqneur Trust
~K~k~~'gd,:¢nder the Will of Sullivan Vaqneur, Deceased.
';. Fop IH7K'j?NE5,5, my hand and official seal.
*: -o-~tiy-commission expires: 7~~r.~;7
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~~~ Notary Public
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RESOLUTION OF 7HE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
GRANTING FINAL PLAT APPROVAL TO THE
ELAM CONSTRUCTION, INC. SUBDIVISION
Resolution No. 82 - 10
WHEREAS, the Vagneur Ranch Co., a limited partnership, is the owner of
certain lands in Pitkin County, Colorado, more specifically described in
Attachment A, and
WHEREAS, Elam Construction, Inc. is presently leasing and has an option
to purchase from the Vagneur Ranch Co., Lot 7 of the proposed subdivision, and
WHEREAS, the subdivision will divide the land into parcels of over
35 acres, and
WHEREAS, both parcels shown are part of Lot 1 with the narrow piece
separating them being a fee simple parcel sold over a decade ago, and
WHEREAS, the water plan is the remaining condition to 6e satisfied for
approval, and
WHEREAS, engineering studies have been submitted which verify the water
system capabilities to be adequate for operation of the pi.t, and
WHEREAS, ponds will be constructed to handle the water needs in the
event of a downstream call, and
WHEREAS, the applicable sections of the Pitkin County Land Use Code have
been addressed in this Final Plat submission to the satisfaction of the
Commission.
NOW, THEREFORE, BE IT RESOLVED that Final Plat Approval for subdivision
of the Vagneur Ranch property into two parcels, these being Lot 1 of 104.78
acres and Lot 2, the fathering parcel, be granted with the following conditions:
1. Prior to recordation, the Final Plat is approved by the County
Engineer and the County Attorney. Language shall be included on the
plat concerning the small parcel to indicate that it is not developable
or conveyable as a separate parcel.
2. Primary treatment of sewage disposal from the employee trailers be
instituted.
3. Any future wells be placed at minimum distance from any sewage
disposal systems.
4. The existing dry well bore be filled, grouted for the top 25 feet and
S~ properly capped or if the well is drilled deeper and found to 6e
i~U~~6
useful, the present sewage system will he relocated to the specifica-
tions of the Environmental Health Department.
Approved by the Board of County Cormiissioners at their regular meeting on
February 8, 1982.
ATf,EST:
Q~l~il,~l
Deputy County Clerk
APPROVED AS TO FORM:
~ _~ ~_;~,
ndra Stuller; County Attorney
G ~ ~.~"17
BOARO OF COUNTY COMMISSIONERS OF PITKIN
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Exhibit A
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LEGAL ACCESS
As described in the Proof of Ownership Section, the entire property is owned by Elam
Construction. The road which Elam Construction uses to access the pit is a county road. As Elam
Construction is the owner on the Trustee's Deed, they have sufficient legal access to the
property.
ParcellD:2643-161-02-010 Page 8 Vagneur Pit
,~~U~~19
STANDARDS REPORT
This report will address conditions outlined in the Pitkin County Land Use Code Section 4-30-
50(I)Snow Dumping/Trucking/Storage.
1) Setbacks: The proposed snow storage area is located within the northern portion of the
approved gravel pit. A minimum of 100-feet must be maintained between the snow
storage area and water courses. The setback for the northern storage area is
approximately 250 feet south of Woody Creek and 900-feet from the Roaring Fork. The
second proposed storage area is approximately 700-feet from Woody Creek and 1,300
feet from the Roaring Fork.
2) Slopes: The proposed snow storage area within a portion of the gravel pit that has been
previously mined and backfilled with clean inert material. The actual storage area is flat
in nature. Once the snow melts in the spring, the runoff will be contained within the
gravel pit.
3) Groundwater: As a condition of the mining Special Use permit, there is an existing
Water Resource Protection Plan (WRPP) in place. Previous hydrology studies conducted
for the original WRPP indicate the groundwater elevation varies from 18 to 40 feet
below the bottom of the mining excavation. The area designated for snow storage is
approximately 60 to 80 feet above the previously mentioned groundwater. In addition,
the WRPP also provides for monthly testing of ponded water, when present, to assure
there are no pollutants present. This testing protocol will include runoff generated
through the snow melt.
4) Floodplain: The gravel pit and snow dumping/storage area is not within a flood plain.
5) Surface Runoff.• Since the snow storage is within an excavated gravel pit, the area is
depressed and any runoff resulting from melting snow will be contained within the
excavated area.
6) Dumping into a waterway or water-body: The snow storage area is within an excavated
gravel pit. The snow will be contained within the excavated area of the gravel pit with
no danger of being pushed into a water way.
7) Refuse removal/disposal: Debris will not be allowed to accumulate on the snow
storage/dumping area. All debris remaining after the spring melt will be collected and
will be treated as, and disposed of as solid waste.
8) Scenic Impact Consideration: The area identified as snow storage is within the
excavated gravel pit and is bordered by a 10-foot high berm.
9) Revegetation: The recently approved expansion of the gravel pit provides fora 20-year
operation of sand and gravel extraction and processing along with asphalt/concrete
Parcel ID: 2643-161-02-010 Poge 9 Vagneur Pit
(,'u(»~Q
operations. Once these operations terminate, the proposed use of snow
dumping/storage will also terminate. The site will then be reclaimed, including grading
and seeding, per the reclamation plan that has been approved by both the State Division
of Reclamation, Mining and Safety and Pitkin County.
10)Trips: The proposed hours of operation for dumping snow at the proposed storage
facility will be the same hours approved for the gravel pit operations. Those hours of
operation are 7:00 AM to 7:00 PM, Monday through Saturday. The number of truck trips
can vary ad widely as the weather itself. buring an average snowfall, approximately 40
dump truck loads a day is expected. However, during an exceptionally heavy snow storm
the number of truck loads can be expected to more than double to approximately 100
loads per day. These truck trips are not considered in addition to the normal truck traffic
generated from the gravel pit operations. During the winter months, gravel pit
operations are very minimal.
11) Noxious Weed Control: The snow storage area is located within an approved permitted
gravel pit. The gravel pit has, as part of the County Use Permit, an approved Weed
Management Plan. This same Weed Management Plan encompasses the proposed
areas of snow storage.
Parcel ID: 2643-161-02-010 Page 10 Vagneur Pit
PRE-APPLICATION CONFERENCE 5UNIlVIARY
Attached is a copy of the Pre-Application Conference Summary.
Parce11D:2643-161-02-010 Page 11 Vagneur Pit
is~~1~22
PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY
LOCATION: 7911 Upper River Road
OWNER(S): Elam Construction, Inc.
PID# 2643-161-02-010
PHONE and EMAIL: 970-242-5370
gayle.lyman @elamconstruction.com
REPRESENTATIVE: Gaffe Lvman
DATE: October 23, 2009 PLANNER: Mike Kraemer, 920.5482
Type of Application: Special Review for Commercial Snow Storage
Description of Project/Development: The Applicant is requesting Special Review to establish a snow storage operation.
Land Use Code Sections to be addressed in letter of request (auulicationl:
Sec. 2-30-30(h): Special Review
Sec. 4-30-50(I): Use Specific Standazds for Snow Dumping/1'mcking/Storage (see attachment)
Staff will refer the application to the following agencies:
Review by: BOCC.
Public Hearing: Yes. The Applicant shall post a public notice sign on the property at least 15 days prior to the hearing
and shall mail notice to all property owners within 300' of the subject property at least 30 prior to the hearing with the
return address of the Community Development Department (copy of the notice to be obtained from the Community
Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they
appeaz no more than 60 days prior to the date of the public hearing.
FEES: $1,207
• Planning Office flat fee: $998 non-refundable; based on 4 hours of staff time. If staff review time exceeds 4.8 hours, the Applicant
will be chazged for additional time above 4 hours at a rate of $249/hour)
o Public Notice Fee: $54
o Web Technology Fee: $25
o Clerk Fee: $130
To apply, submit 7 (2 unbound) comes of the following information, unless noted otherwise:
1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing
compliance with the Code sections listed above.
2. 24" by 36" and 11" by 17" Site Plan showing compliance with Section 4-30-50(I)
3. Previous Land Use Approvals (if applicable);
4. Proof of ownership of subject property;
5. Parcel description, including legal description and vicinity map;
6. Total fee for review of the application;
7. Signed fee agreement (1 copy);
8. Consent from owner(s) to process application and authorizing the representative (1 copy)
9. List of all property owners and mineral estate owners within 300' of the subject property (1 copy)
10. Copies of this pre-app form
a.~ ;U4
NOTES:
- PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPYOF YOUR COMPLETE APPLICAT/ON. PLEASE SUBMTFTWO-SIDED COPIES
OFALL REMAINING COP/ES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ONALL
DOCUMENTS INCLUDED IN YOUR APPLICATION.
- ALL MAPS SHALL BE FOLDED.
- This pre-application conference summary is advisory in nature and not binding on the County. The information provided in this summary is
based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional information may be
required upon a complete review of the application.
- The Zand Use Code is available on-line at htta://www.asnennitkin.com/dentsl7l/
- The Land Use Application manual is available on-line at
ht1~://www.asnenoitkin.com/ndfs/dents/7/Land Use Aoplication ManuaGodf
PUBLIC NOTICE
RE: Elam Construction, Inc. Special Review for a Commercial Snow Storage
Area
(CASE# P114-09)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday,
January 13, 2009 at a regulaz meeting to begin at 12:00 PM or as soon thereafter as the
conduct of business allows, before the Boazd of County Commissioners, Plaza One
Conference Room, 530 East Main Street, Aspen to consider an application submitted by
Elam Construction Inc. (556 Struthers Ave, Grand Junction, CO 81501) for a commercial
snow storage operation. The property is located at 7943 Upper River Road and is legally
described as: Pazcel 1 - a tract of land in Section 16, Township 9 South, Range 85 West
of the 6a' P.M. and Pazce12 -beginning at the SW corner of the NE '/< of Section 16,
Township 9 South, Range 85. The State Pazcel Identifications for this property aze 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 Mike Kraemer at (970) 920-5482.
Jeanette Jones, Deputy County Clerk
Boazd of County Commissioners
Published in the Aspen Times Weekly on December 13, 2009.
Attention Applicant/Representative:
It is your responsibility to do the following:
1. Mail this Public Notice to all property owners and mineral estate owners within
300' of the subject property 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. Pickup Public Nofice 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
County of Pitkin } A>;FIDAVIT OF NOTICE &
} ss. MAILING PURSUANT TO
State of Colorado } PITKIN COUNTY LAND USE
CODE SECTION 2-20-100
I, u ~ ~ ~ a, H ,being or representing an
Applicant to the Pi County Development Permit, 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 is _ days prior to the public
hearing date of ~. The names and addresses of the adjacent property owners shall be those
on the current tax records of Pitkin County as they appeared 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 c C. 200{which is ~l days prior
to the public hearing date of -/3 - ~o . The names and addresses of the mineral estate owners shall
be those on the current tax records of Pitkin County as they appeared 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 nearest
public way) on the / S~day of Dec , 200 which is at least fifteen (15) days prior to the
public hearing. A photograph of the posted sign is attached hereto.
ignatur (~ ~~, /4 .L . ~ y,,,, li, ~
Signed before me this~day of~,4,tu ~
20~'~by
Applicant's name ~ "
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:. _ _1T~ ~ 1
PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 S. Galena Street
Aspen, Colorado 81611
PHONE# (970) 920-5526/FAX# (970) 920-5439
November 16, 2009
Gayle Lyman
556 Struthers Ave.
Grand Junction, CO 81501
Gayle.Ivman(c~elamconstruction.com
Re: Elam Construction Inc. 2009 Special Review for Commercial Snow Storage
(PID#2643-161-02-010; CASE# P114-09)
Dear Mr. Lyman:
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 by the Board of County Commissioners on
Wednesday, January 13, 2010, 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 Community Development Department.
If you have questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482
Sincerely,
Bonnie Waechtler
Administrative Assistant
,... ...
PITKIN C~,,,:UNTY COMMUNITY DEVE~t,.~MENT
Permit Receipt
RECEIPT NUMBER 00028497
Name: ELAM CONSTRUCTION Date:11/3/2009
Project Address: 7911 UPPER RIVER RD
Type: check # 80503
Permit Number Fee Description Amount
0114.2009.PLAN PP- Flat Fee 998.00
0114.2009.PLAN PP-Clerk Fee 130.00
0114.2009.PLAN PP-Clerk Tech Fee 25.00
0114.2009.PLAN PP- Public Notice Fee 54.00
Total: 1, 207.00