HomeMy WebLinkAboutbocc.res.018.2011 RECEPTION #: 577533, 02/10/2011 at
09:13:05 AM,
1 OF 3, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION OF THE PITKIN COUNTY, COLORADO, BOARD OF COUNTY
COMMISSIONERS APPROVING THE NEW SMUGGLER MINE CORPORATION SPECIAL
REVIEW FOR COMMERCIAL SNOW TRUCKING/DUMPING /STORAGE
BOCC Resolution O 2011
RECITALS
1. The New Smuggler Mine Corporation, Inc. (hereafter, the "Applicant "), has applied to the Pitkin
County Board of County Commissioners ( "BOCC ") for a Special Review for Commercial Snow
Trucking/Dumping /Storage in an existing retention pond. The Applicant has requested a 10 year
permit with this application.
2. The parcel is located at 100 Smuggler Mountain Road. PID #: 2737 - 074 -28 -002 (Legal Description,
Attachment A).
3. Snow Trucking/Dumping/Storage is a necessary community service that must be accommodated
within the County. Pursuant to Subsection 4 -30 -50(1) 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. Because the future is uncertain for how the Code will be amended for snow dumps, the BOCC finds that
a 5 year permit is more appropriate as long as annual soil testing is conducted each spring and results
provided to the Community Development Department.
5. Pursuant to condition 4- 30- 50(1X13Xb), the proposed site is within 50' from a property line. The BOCC
finds that the because the 50' standard was implemented to address runoff onto an adjacent property, and
because the proposed snow dump site has been sited within an existing retention pond, there is very
limited chance for the run -off to reach an adjacent property. Therefore, the BOCC finds that siting the
proposed snow dump in this location is acceptable.
6. The BOCC heard the request at a regularly scheduled and duly noticed public hearing on January 26,
2011 at which time evidence and testimony were presented with respect to this application.
NOW THEREFORE BE TT RESOLVED by the BOCC that it hereby approves the New Smuggler Mine
Corporation, Special Review for Commercial Snow Trucking/Dumping /Storage subject to the conditions
outlined below:
1. The Applicant shall adhere to all material representations made in, or in connection with, the
application.
2. Debris shall not be allowed to accumulate on the snow storage /dumping site. All debris
remaining after the melt out will be treated as waste and removed.
3. This approval shall expire after the 2015/2016 winter.
4. The Applicant shall provide the Community Development Director with soil test results each
year, no later than by the end of September, in accordance with the Land Use Code that
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establishes soil testing parameters in effect each September 1st. If soil testing results do not meet
the thresholds established in effect at the time of testing, the Applicant shall not dump snow at
this site.
5. The Applicant shall comply with all other reporting requirements as may be subsequently
adopted.
6. Snow storage operations shall only be conducted between the hours of 7:00 AM to 7:00 PM,
Monday through Saturday.
7. Trucking to the site shall not disrupt recreationalists on Smuggler Mountain Road.
8. Dust from trucking shall be kept to a minimum. Mud shall not be tracked onto City streets.
9. The Applicant shall revegetate the storage areas in accordance with Community Development
Department standards, if necessary. Weeds shall be managed appropriately under Pitkin County
Land Management guidelines.
10. There shall be no surface runoff from storage /dumping sites unless best management practices are
utilized to remove sediment and other contaminants from melt water and promote infiltration
rather than runoff.
11. Failure to comply with the conditions of approval may result in revocation of this permit.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 26 day of December,
2011.
APPROVED this 26 day of January, 2011.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
TE' T:
/ By > II
// _ / . / , // Rachel E. • 'chards, Chairwoman
Cler to the BOCC Date e I
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
. 1 VGA
John Ely, Cindy Houben,
County Attorney Community Development Director
Case: P106-I 0 PID#2737 -074 -28 -002
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Attachment A
Legal Description
!Subdivision: SMUGGLER MINE Lot: SMUG SMUGGLER
MINE PARCEL AS DESC AT REC
J #483278