HomeMy WebLinkAboutbocc.res.069.1999RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO, GRANTING A MAJOR AMENDMENT TO
THE SPECIAL REVIEW APPROVAL OF THE ELAM CONSTRUCTION
INCORPORATED, SAND AND GRAVEL PIT AND ASPHALT/HOT MIX/
CONCRETE PLANT TO ALLOW A 10 YEAR EXTENSION OF
OPERATIONS
Resolution No. 99- (e g
WHEREAS, Elam Construction Incorporated (Applicant) submitted an application to the
Pitkin County Board of County Commissioners (BOCC) to extend the terms of operation for 10
years for the sand and gravel extraction and asphalt/hot mix/concrete plant which was granted
special review approval by BOCC Resolution No. 88-47; and
WHEREAS, the original 10 year permit approval expired May 24, 1998; and
WHEREAS, the BOCC granted a one year extension permit, until May 24, 1999, in
order to allow the Applicant time to prepare and submit a request for a new long term permit;
and
WHEREAS, the BOCC determined that an entire new application would not be required
for the long term extension request; and
WHEREAS, the Pitkin County Planning and Zoning Commission considered the
Applicant's request on March 2, 1999, and has forwarded a recommendation of approval to the
BOCC; and
WHEREAS, the BOCC considered Elam's application at a duly noticed public
hearing held on April 14, 1999; and
WHEREAS, the Board has considered all of the above and has determined that the
special use permit and a sand and gravel operation permit should be extended for 10 years
subject to the establishment of and compliance with stringent protective conditions and annual
monitoring of the operations to guarantee that the operations being extended hereby respect the
residential character of the Woody Creek area and reasonably mitigate the impacts of the Elam
Gravel Pit on the neighborhood.
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Resolution No. 99- 6 !
Page 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
that it does hereby approve the Elam Sand and Gravel Pit and Asphalt/Hot Mix/Concrete plant
request for a 10 extension of the special review approval of their operations until April 14, 2009,
subject to the following conditions:
1. Material Representations: Representations made by the Applicant (hereafter referred to
as the "Operator") within its application and as amplified or expanded by the Operator's
representations during the processing thereof, will be adhered to by the Operator unless
otherwise expressly provided in this resolution.
2. Areas Covered by the Permit: The gravel permit agreement shall apply to those areas in
the legal description attached hereto as Exhibit 1.
3. Cessation of Activities: The operator agrees to remove all stockpiled gravel and all
facilities necessary for such removal within 360 (three -hundred sixty) days of the
termination of this permit and to remove, within one -hundred eighty (180) days after
termination, the hot -mix asphalt plant and concrete batch plant and all other building
improvements, equipment and materials created, constructed or installed pursuant to this
permit, or pursuant to or prior to subsequent permits or approvals.
4. Hours of Operation: The permitted operations, and facilities, specifically including the
asphalt hot -mix plant, concrete batch plant, mining, equipment mobilization, and rock
crushing may commence no earlier than 7:00 A.M. and shall cease no later than 7:00
P.M. However, deliveries to the site may occur after 6:00 A.M.
5. Required Performance Standards: The Operator shall conduct its operations in
accordance with the following standards:
A. Drainage: Surface run-off shall be contained entirely within the site, including
run-off from storm or moisture situations, as more fully described.
B. Air Pollution: Smoke and dust originating from the operation of the asphalt plant,
concrete batch plant and gravel operation shall be controlled as follows:
1) County and State Air Pollution Regulations, whichever are most stringent
now or hereafter adopted shall be strictly observed. Violations shall be
subject to fines and/or orders to cease and desist operations.
2) Sprinkler systems for pollution control shall be kept in good repair and
function properly at all times.
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Resolution No. 99- 6 f
Page 3
3) Operations shall be conducted in such a manner as to prevent damage to
forest and agricultural resources by air pollutants resulting from such
operation.
4) The Operator shall utilize it best efforts to follow up and eliminate escape
of noxious and offensive odors and fumes from the site.
C. Water Pollution: Discharge of muddy water, resulting from dust and smoke
suppression measures or otherwise shall not be permitted, but the same shall be
drained to settling and percolation ponds. The water table or water quality thereof
shall not be degraded or altered without study and separate approval of the Board
of County Commissioners of Pitkin County, Colorado. Operations shall be
conducted sufficiently above the water table to prevent any contamination of
ground water.
D. Noise: Noise from the operation as measured at any point on the property line of
the property shall be governed by applicable Pitkin County noise abatement
ordinances.
E. Scenic Values: Operator shall harmonize operations with scenic values through
such measures as the design and location of operating facilities, including roads
and other means of access, vegetative screening of operations, and construction of
structures and improvements which blend with the landscape. Berms shall be
constructed to screen operations. Adequacy and diligence of such measures shall
be the subject of the Operator's report and annual hearing procedures.
F. General Environmental Requirements: At all times the Operator shall take such
measures as will prevent or control on -site and off -site damage to the environment
including, but not limited to:
1) Control of erosion and prevention of landslides;
2) Prevention of water run-off;
3) As part of the annual report the Operator shall provide a detailed report
inventorying toxic materials and disposal thereof as required by federal
regulations.
4) Reshaping and revegetation of all disturbed areas as soon as feasible to the
specifications shown on Exhibit 3 of BOCC Resolution No.88-47 and
revegetation of disturbed areas;
5) Elimination of hazards to public health and safety;
6) Restoration of fisheries and wildlife habitat in surface water bodies;
7) Stabilization of access roads by proper grading, drainage control, surface
treatment and vegetation.
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Resolution No. 99-b f
Page 4
G. Water Supply: Adequate water supply will be provided to meet Pitkin County
Land Use Regulations.
Revegetation and Reclamation:
A. Reclamation shall be in accordance with the proposed reclamation plan as
described in the text of the application submitted to the Planning Office on
December 15, 1987 and consistent with Exhibit 3 of BOCC Resolution No. 88-47.
Such plan shall be amended to include permanent noxious weed prevention and
suppression measures approved by the County official responsible for weed control,
or by the Board.
B. Revegetation must be accomplished as soon as practicable after work has been
completed in an area where the Operator has concluded its work. The intent of this
provision is that exposed slopes shall be rehabilitated and revegetated at the earliest
possible date.
C. Pitkin County recognizes that the State of Colorado's Mined Land Reclamation
Board will require a bond for revegetation. So as not to duplicate said bonding
Pitkin County will not require a bond at this time. However, Pitkin County shall
review bonding and reclamation provisions and progress thereunder at each of its
annual hearings, and reserves the power to impose additional reclamation
provisions or require additional security to assure proper reclamation and
revegetation. Should reclamation plans or the bonding provisions prove to be
unsatisfactory, the County may require a bond of an amount per acre of land to be
disturbed which is reasonable to cover the costs of reclamation and revegetation.
This permit shall be null and void if the bond is not furnished and the permittee
shall cease all work hereunder.
7. Designated Pit Site: As additional consideration for and condition of the permit herein
granted:
A. The Operator shall make its unmined sand and gravel reserves available for public
works projects as a designated pit site which includes the rights to quarry sand
and gravel, and to process the same into asphalt, hot -mix, concrete and other
products herein approved for the Operator, and ingress and egress to, from and
within the site provided that:
1) A royalty for the sand or gravel extracted shall be paid to the Operator at the
prevailing market rate;
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Resolution No. 99- 19
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2) The designated pit activities and the activities of the Operator can be
managed so as to avoid significant interference with the Operator's normal
operations;
3) This right applies only to parties responding to, and/or award recipients
pursuant to invitations to bid for public works projects;
4) A suitable bond as set by the Board shall be posted with the Operator and/or
the County as to each such designated pit project to ensure operations in
compliance with this permit, the designated pit permit, cleanup and
revegetation; and
5) Separate special review and sand and gravel permits shall be obtained by the
public entity proposing to permit its successful bidders to use the designated
pit site, which permits shall specify the extent and the nature of extractive
and processing operations to occur on the site and any mitigation procedures
necessary, and shall contain conditions no less restrictive than those
contained herein.
8. Control of River Road Traffic: The Operator shall use its best efforts to minimize the
impacts of truck traffic on the River Road access to the subject property. The operator
agrees that truck traffic entering and leaving the Elam site shall exclusively utilize the
new access road rather than the old River Road access road. The operator shall control
access within the permit site to discourage use of the old River Road access road by
trucks entering and leaving the site. These provisions shall be evaluated at the annual
hearing, and may be modified by the Board.
9. Rights of Enforcement: The County or any member of the public who is aggrieved by a
failure by Operator to comply with the terms and conditions hereof shall have standing to
enforce the terms of applicable permits or any amendments hereto as provided by law.
10. Camper Area: The existing Operator employee camper area may be expanded from 13 to
20 spaces for the term of this extension subject to approval and installation of an ISDS
suitable to serve 20 RV/trailer units. Camper spaces shall be provided for a maximum of
20 campers. Campers shall only be on site from April 1 sc to December 15t of each year.
Use shall be restricted to temporary, short-term, seasonal use by employees of the
Operator only using campers, and not for longer -term housing, mobile homes or other
forms of habitation, except for the mobile home utilized to provide year-round security,
which may be occupied by the Security employee and his family. Camper use is
accessory only and shall be terminated in accordance with paragraph 3 of this resolution.
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Resolution No. 99- tP/
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11. Weed Control: Operator shall abide by the weed control program described in Exhibit 5
of Resolution No. 88-47 which may be amended as provided by paragraphs 6 A, B and C
hereof, or operation of law.
12. Term of Permit: Operator's long-term Sand and Gravel and Asphalt/Hot Mix Concrete
Plant permit, and special use approvals thereof, shall expire ten (10) years after the
approval of this resolution, unless sooner terminated or extended pursuant to Code.
13. Non -Discrimination: Operator agrees that no discrimination shall be shown to any
purchaser within the County, but this provision shall not prevent the Operator from
giving quantity discounts or refusing to sell gravel to operators who access or leave the
gravel pit via the River Road access road or refusing to sell gravel to Operators with poor
current credit standing.
14. Potable water in sufficient quantity and quality must continue to be provided at all times
to support the amount of people on site on any given day.
15. The area drain line that travels through the containment basin shall be repaired to not
allow spilled fuel to enter the pipe. Fuel dispensing nozzles shall be serviced so they do
not drip, and a method to contain spilled fuel from this source shall be instituted. These
measures shall be accomplished to the satisfaction of the EHD prior to BOCC approval of
any extension of the permit.
16. Any asphalt plants and/or rock crushers must be permitted by the Colorado Department
of Public Health and environment and stay in compliance with conditions of the permit.
17. Fugitive dust from the pit operations must be contained to maintain compliance with
applicable state standards.
18. Night time operations beyond the standard allowed operating hours will be permitted
under the following parameters:
A. There may be a maximum of 10 nighttime operations in any one calendar year at
the Elam Asphalt/Hot Mix Plant in which operational hours may be extended to
include 7:00 p.m. until 7:00 a.m. as well as normal daytime operating hours.
These 10 nights can only be to accommodate publicly owned projects. The
Operator shall notify Pitkin County, the W/J Homeowners Association, and the
Woody Creek Caucus, in writing, as to approximately when and how long the
operations will be conducted at least 72 hours prior to commencement of the
nighttime operations.
B. This approval shall be limited to a maximum of 40 truck loads per night.
C. A traffic control plan shall be submitted to the County Engineer which will
include suitable methods for providing warnings, information, and signage
(including lighted warning signs) to persons using County roads and bike trails in
the vicinity of the truck activity area.
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Resolution No. 99-111
Page 7
D. The Operator, in conjunction with the public project owner shall implement a
public information/notification plan utilizing at least the follow mediums of
communication: public service announcements, newspaper notices, and
neighborhood newsletters to alert affected residents and other travelers of
potential delays and hazards.
E. There shall be no gravel extraction, crushing, processing, nor stockpiling during
the extended nighttime hours.
F. The Operator must comply with all noise and air quality standards at the plant.
G. Trucks shall not use "Jake" brakes during nighttime operations except in an
emergency situation.
19. Annual Hearings:
A. During November of each year, but no later than November 30, the Operator shall
file a written report with the Planning Director demonstrating compliance or non-
compliance with conditions of the sand and gravel permit and other provisions of
the County Land Use Code. The required annual report will include an updated
estimate of gravel reserves remaining at the site. The Planning Office shall
review the operator annual written report to determine compliance with the permit
and prepare a report to the Board to be reviewed at a duly noticed public hearing.
The purpose of the hearing shall be to review the annual written report of the
permittee and to provide an opportunity for the citizens of Pitkin County to
comment on the sand and gravel operation.
B. Based upon the annual hearing, the Board shall have the power upon good cause
being shown, to modify the permit to require certain corrective measures to be
taken or to direct the County staff or its agents to enter upon the premises and to
take corrective measures required by the Board; impose new or additional
conditions, standards or restrictions to address environmental concerns required
by considerations of public health safety and welfare or to achieve the objectives
and purposes of the original permit or to bring the permit into compliance with
other laws or regulations regulating permits to or uses of the site; the cost to be
assessed against the Operator and its sureties.
20. Revocation. The County shall have the power to revoke the special use permit, upon
showing of good cause, after a public hearing on the same.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON
THE 13Tn DAY OF MARCH, 1999.
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Resolution No. 99- 69
Page 8
APPROVED AND ADOPTED ON THE 14TH DAY OF APRIL, 1999.
ATTEST:
dee R. Dean
eputy County Clerk
APPROVED AS TO FORM
2643-161-02-010
P162-98
G:planning/pitkin/lance/doc elamreso88-47
carevm104/15/99
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
APPROVED AS TO CONTENT
i.ao.9q
Cindy Houben, Community Development
Director
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