The URL can be used to link to this page

Home My WebLink Aboutbocc.res.039.2011 ... .:.__ _mv_ RECEPTION#: 599495, 05/14/2013 at 11:57:36 AM, 1 OF 5, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE.BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING ANNUAL REVIEW APPROVAL TO TFIE ELAM GRAVEL PIT SPECIAL REVIEW PERMIT Resolution No.037-2011 RECITALS 1. By Resolution No. 88-47, the Board.of County Commissioners of Pitkin County, Colorado (BOCC), granted a special review use permit to Elam Construction, Incorporated (Applicant) for the Elam Sand and Gravel Pit and Asphalt /Hot Mix/Concrete plain pursuant to Section 3- 210.10 (formerly Section 3-6) of the Pitkin County Land Use Code. 2. By Resolution No. 99-69, the BOCC extended the special review approval for 10 years, until April 14, 2009. 3. By Resolution No. 129 -2006, the BOCC permitted an expansion of the pit and an extension of the permit for 20 years, until 2026. This Resolution was subsequently vacated by judicial proceeding pursuant to District Court Order Case Number P06 CV 230 and remanded to the BOCC for further findings. 4. On March 25, 2009, the BOCC amended Resolution No. 99-69 to extend its expiration date to allow Elam operations to continue. 5. Resolution No. 99-69 requires an annual review of the Elam operations at a public hearing for compliance with all terms and conditions of the resolution and subsequent resolutions. • 6. Resolution No. 052-2009 approved the Phase 2 expansion and an extension of the permit for 20 years. • 6. On April 27, 2011: the BOCC held the annual review of the Elam Sand and Gravel Pit special review permit for the operation year of 2010 where members of the public had opportunity to voice their comments. 7. The BOCC determined that the Applicant has been operating in compliance with the terms of Resolution No. 99-69 and Resolution No 052-2009. NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Pitkin County, Colorado, hereby accepts the Elam Construction, Incorporated 2010 Annual Review Report and requires the following measures in order to find Elam in compliance with terms and conditions of approval. BOCC Ra.olution No. 039 20i 1 Page 1 43 ;. C31L_em.se i.�[w[�T N-s'.!--"'+ 1:rlw�e J+irV..+� F ti. _.u:e:n�yrv� � 3�J'....F6.�.'.ua::.�.. rxs � T. All material representations made by the applicant in the application, in subsequent correspondence, and at the public hearing shall he adhered to and considered conditions of approval. 2. The applicant shall continue to be bound by all conditions of Res. No. 99-69 and Resolution No. 052-2009, as amended. 3. The Applicant shall replant dead and/or dying vegetation in conformance with the approved landscape plan pursuant to BOCC Resolution No. 52-2009. 4. The truck parking area adjacent to the RV parking area shall have no more than 12'trucks parked on site, at one time, and there shall be no more than 12 plug-in block heaters. Idle time shall be limited to the length of time necessary to properly prepare the vehicle for use. 5. Both onsite wastewater treatment systerns shall be inspected by a Pitkin County Licensed inspector by July 1, 2011. An effluent filter should be installed on the outlet tee of the primary tank (Is` tank in series) and checked and cleaned, if necessary, as part of an •■ inspection by a Pitkin County Licensed Systems htspector. 6. The Applicant shall prepare a noise mitigation plan to address noise from back up beepers on Elam vehicles and noise emanating from the crusher. This plan shall be submitted with the 2012 annual review submission. • 7. The distribution box on the RV Park system should be located, if possible, and brought to • grade with risers to allow for inspections and access. 8. The Applicant shall continue to monitor soil and water pursuant to Resolution No. 52-2009, however, monthly tests shall be conducted on the standing water in the pit through October 2011, and the results shall be submitted with the 2012 annual review. NOTICE OF PUBLIC REARING PUBLISHED IN TILE ASPEN TIMES WEEKLY ON MARCH 13, 2011. APPROVED AND ADOPTED ON_THE 27th DAY OF APRIL,2011. QOCC Resolution No. d39 2011 Page 2 of 3 , • r ■ t I ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO / bit By <1A-4 _d 41111111 ie. fctte Jones Rachel F Richards Chairwo an Dc tv Clerk and ecorder Date APPROVED AS TO FORM: APPROVED AS TO CONTENT: •A • ct John Ely Cindy I louben County-At • ey Community Development Director 131134:264316102010 0005-11 BOCC Resolution No _439 2011 Page 3 of 3 • • ,4-FA C N m MMT A PARCEL AND LEGAL DESCRIPTION VAGNEUR PIT ELAM CONSTRUCTION,INC. The site is approximately 11 miles northwest of Aspen,Colorado. The total permit area is 104.7 • acres consisting of 2 separate areas.There is no change to the legal description from the 2009 Amendment to the 2012 Amendment to the Special Use Permit. LEGAL DESCRIPTION • Parcel#1—Mine Area • A tract of land located within Section 16,Township 9S,Range 85W of the 6th Principal Meridian,Pitkin County,State of Colorado and being more particularly described as follows: Beginning at a point on the easterly edge of the abandoned Denver and Rio Grande Railroad' Right of Way whence the N'A corner of said Section 16 bears N 18°00'06"W 164.84 feet; • Thence S 70°55'12"E 393.66 feet; Thence S 68°39'07"E 527.45 feet; Thende S 56°33'16"E 538.74 feet; Thence S 53°21'46"E 434.89 feet; Thence N 81°18'38"E 409.36 feet; Thence N 63°51'28"E 218.35 feet; Thence S 84°47'32"E 369.63 feet to the point of intersection with the easterly Boundary Line of said Section 16; • Thence S 00°24'36"E 2411.08 feet along said easterly section line to the northeasterly corner of a tract of land described in Book 199 at page 162 of the Pitkin County Records; Thence the following courses and distances along the northerly boundaries of those tracts of • lands described in Book 199 at page 162 and Book 250 at page 355 of the Pitkin County Records: S85°34'00"W 756.58',N 30°00'00"W 75.42',N34°50'00 W 284.00',N28°28'40"W 443.00',99.32'along the arc of a curve to the right having a radius of 349.24',N 12°11'00"W Vagneur Pit June 2012 I 2643-161-02-010 • • • • • • • • 150.00,161.97'along the arc of a curve to the left having a radius of 24331',N 50°19'30"W 250.00',103.50'along the arc of a curve to the right having a radius of 600.00',N 40°26'30"W • 359.94',62.06'along the arc of a curve to the left having a radius of 484.85',N 47°46'30"W • 260.94',77.17'along the arc of a curve to the left having a radius of 114.69'to the point of the intersection with easterly edge of said abandoned Railroad ROW; Thence the following courses and distance along said easterly edge:N15°04'14"W 610.19', 200.35'along the arc of a curve to the left,having a radius of 1095.00',N 25°33'14"W 694.44' to the point of beginning containing 98.326 acres more or less. • Parcel#2(Employee Housing Areal A parcel of land situated in the SW'A NE'k of Section 16,Township 9S,Range 85W of the 6a' PM,Pitkin County,Colorado,said parcel being more fully described as follows: Beginning at a point on the easterly edge of the abandoned Denver and Rio Grande Railroad ROW whence the north'k corner of said Section 16 bears N 20°l0'O8"W 1693.50': • • Thence 47.42'along the arc of a curve to the right having a radius of 84.69': • Thence S47°46'30"E 260.94'; • Thence 58.22 feet along the arc of a curve to the right having a radius of 454.85'; • Thence S40°26'30"E 359.94'; Thence 108.67 feet along the arc of a curve to the left having a radius of 630.00'; Thence S50°19'30"E 249.27; Thence S80°03'00"W 634.3T to the point of intersection with said easterly ROW line; Thence N 10°09'30"W 870.74'along said easterly ROW line to the point of beginning containing 6.394 acres more or less. The total permit area of 104.72 acres is owned by Elam Construction,Inc.,who is also the perrnittee. • Vagneur Pit June 2012 2 2643-161-02-010 • • • • • • RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITI[NN COUNTY, COLORADO, GRANTING ANNUAL REVIEW APPROVAL TO THE ELAM GRAVEL PIT SPECIAL REVIEW PERMIT Resolution No.031 -2011 RECITALS 1. By Resolution No. 88 -47, the Board of County Commissioners of Pitkin County, Colorado (BOCC), granted a special review use permit to Elam Construction, Incorporated (Applicant) for the Elam Sand and Gravel Pit and Asphalt /Hot Mix/Concrete plant pursuant to Section 3- 210.10 (formerly Section 3 -6) of the Pitkin County Land Use Code. 2. By Resolution No. 99 -69, the BOCC extended the special review approval for 10 years, until April 14, 2009. 3. By Resolution No. 129 -2006, the BOCC permitted an expansion of the pit and an extension of the permit for 20 years, until 2026. This Resolution was subsequently vacated by judicial proceeding pursuant to District Court Order Case Number P06 CV 230 and remanded to the BOCC for further findings. 4. On March 25, 2009, the BOCC amended Resolution No. 99 -69 to extend its expiration date to allow Elam operations to continue. 5. Resolution No. 99 -69 requires an annual review of the Elam operations at a public hearing for compliance with all terms and conditions of the resolution and subsequent resolutions. 6. Resolution No. 052 -2009 approved the Phase 2 expansion and an extension of the permit for 20 years. 6. On April 27, 2011, the BOCC held the annual review of the Elam Sand and Gravel Pit special review permit for the operation year of 2010 where members of the public had opportunity to voice their comments. 7. The BOCC determined that the Applicant has been operating in compliance with the terms of Resolution No. 99 -69 and Resolution No 052 -2009. NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Pitkin County, Colorado, hereby accepts the Elam Construction, Incorporated 2010 Annual Review Report and requires the following measures in order to find Elam in compliance with terms and conditions of approval. BOCC Resolution No. 639 2011 Pagel of3 1 1. All material representations made by the applicant in the application, in subsequent correspondence, and at the public hearing shall be adhered to and considered conditions of approval. 2. The applicant shall continue to be bound by all conditions of Res. No. 99 -69 and Resolution No. 052 -2009, as amended. 3. The Applicant shall replant dead and/or dying vegetation in conformance with the approved landscape plan pursuant to BOCC Resolution No. 52 -2009. 4. The truck parking area adjacent to the RV parking area shall have no more than 12 trucks parked on site, at one time, and there shall be no more than 12 plug -in block heaters. Idle time shall be limited to the length of time necessary to properly prepare the vehicle for use. 5. Both onsite wastewater treatment systems shall be inspected by a Pitkin County Licensed inspector by July 1, 2011. An effluent filter should be installed on the outlet tee of the primary tank (1 tank in series) and checked and cleaned, if necessary, as part of an inspection by a Pitkin County Licensed Systems Inspector. 6. The Applicant shall prepare a noise mitigation plan to address noise from back up beepers on Elam vehicles and noise emanating from the crusher. This plan shall be submitted with the 2012 annual review submission. 7. The distribution box on the RV Park system should be located, if possible, and brought to grade with risers to allow for inspections and access. 8. The Applicant shall continue to monitor soil and water pursuant to Resolution No. 52 -2009, however, monthly tests shall be conducted on the standing water in the pit through October 2011, and the results shall be submitted with the 2012 annual review. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON MARCH 13, 2011. APPROVED AND ADOPTED ON THE 27th DAY OF APRIL, 2011. BOCC Resolution No. 639 2011 Page 2 of3 ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO i, r ,# . i c By Je tte Jones Rachel E. chards, Chairwo an Deity Clerk and ' ecorder Date eX0/6/3/QC, 1 APPROVED AS TO FORM: APPROVED AS TO CONTENT: r∎.v -e CO,JAQ L c* John Ely - Cindy Houben Co . 1 ey Community Development Director PID#: 264316102010 P005 -11 BOCC Resolution No. 639 2011 Page 3 of3 3