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Home My WebLink Aboutbocc.res.021.2012 RECEPTION#: 599494, 05/14/2013 at 11:57:35 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 THE ELAM GRAVEL PIT SPECIAL REVIEW PERMIT Resolution No.OW -2012 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. 7. On March 14, 2012, the BOCC held the annual review of the Elam Sand and Gravel Pit Special Review Permit for the operation year of 2011 where members of the public had opportunity to voice their comments. 8. The BOCC determined that the Applicant has been operating in compliance with the terms of Resolution No. 99-69 and Resolution No 052-2009. • 9. The BOCC further determines that the Applicant has satisfied the requirements of the previous annual review pursuant to BOCC Resolution No. 039-2011. NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Pitkin County, Colorado, hereby accepts the Elam Construction, Incorporated 2011 Annual BOCC Resolution No. 1 2012 Page 1 of3 Review Report and requires the following measures in order to fmd Elam in compliance with terms and conditions of approval. 1. All material representations made by the Applicant in the application, in subsequent correspondence, and at the public hearing shall be adhered to and considered conditions of approval. 2. The applicant shall continue to be bound by all conditions of Res. No. 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 Applicant shall develop a plan to eliminate the thistle and submit this for review by Community Development. The plan should include type of method for removal and frequency of application or implementation. This plan shall be submitted by June or sooner. 5. 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. 6. The two onsite wastewater treatment systems that have been inspected by a Pitkin County Licensed inspector shall have reports finalized for those inspections and submitted to EH/NR for review by August 31st,2012. 7. The Applicant shall continue to monitor soil and water pursuant to Resolution No. 52-2009 and Resolution No. 105-2000, however, monthly tests shall be conducted on the standing water in the pit through October 2012, and the results shall be submitted with the 2013 annual review. The Environmental Health Department shall review the sampling process. 8. The Applicant shall evaluate the feasibility to maintain a 30' berm between the residence that is 480' from the Phase 2 mining area. This evaluation shall be presented at the 2013 annual hearing. 9. The Applicant shall provide photographs of the landscaping that has been planted between 480' residence and the Phase 2 mining area. BOCC Resolution No.0/21 2012 Page 2 of3 • NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON FEBRUARY 911,2012. APPROVED AND ADOPTED ON THE 14t"DAY OF MARCH,2012. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO iiklis 0uni BY Ittwal /'' 1 o Jeaqftte Jones Michael Owsley,Chairman Deputy Clerk and Recorder Date 20/`L APPROVED AS TO FORM: APPROVED AS TO CONTENT: L John Ely Cindy nouben Co /• omey Community Development Director PIDM:264316102010 P007-12 BOCC Resolution No 2012 Page 3 of3 3 • ,4nACtl mPfr 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 6'"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'4 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; Thence 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 comer 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 Yagneur Pit June 2012 1 2643-161-02-010 • • • 150.00,161.97'along the arc of a curve to the left having a radius of 243.31',N 50°19'30"W 250.0D',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:NI5°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 42(Employee Housing Areal A parcel of land situated in the SW'ti NE''h of Section 16,Township 95,Range 85W of the 6w 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'A corner of said Section 16 bears N 20°10'08"W 1693.50': _ Thence-47:42'along-the-arc-ofa-curvcto-theright-having-a-radiustf-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 540°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 634.37.'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 permittee. • Vagneur Pit June 2072 2 2643-161-02-010 • • • • RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING ANNUAL REVIEW APPROVAL TO THE ELAM GRAVEL PIT SPECIAL REVIEW PERMIT Resolution No.OW -2012 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. II' 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. 7. On March 14, 2012, the BOCC held the annual review of the Elam Sand and Gravel Pit public had r of the u 1 where members Special Review Permit for the operation year of 2011 p opportunity to voice their comments. 8. The BOCC determined that the Applicant has been operating in compliance with the terms of Resolution No. 99-69 and Resolution No 052-2009. 9. The BOCC further determines that the Applicant has satisfied the requirements of the previous annual review pursuant to BOCC Resolution No. 039-2011. NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Pitkin County, Colorado, hereby accepts the Elam Construction, Incorporated 2011 Annual BOCC Resolution No.G9-f 2012 Page 1 of 3 Review Report and requires the following measures in order to fmd Elam in compliance with terms and conditions of approval. 1. All material representations made by the Applicant in the application, in subsequent correspondence, and at the public hearing shall be adhered to and considered conditions of approval. 2. The applicant shall continue to be bound by all conditions of Res. No. 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 Applicant shall develop a plan to eliminate the thistle and submit this for review by Community Development. The plan should include type of method for removal and frequency of application or implementation. This plan shall be submitted by June 1'or sooner. 5. 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. 6. The two onsite wastewater treatment systems that have been inspected by a Pitkin County Licensed inspector shall have reports finalized for those inspections and submitted to EH/NR for review by August 31St,2012. 7. The Applicant shall continue to monitor soil and water pursuant to Resolution No. 52-2009 and Resolution No. 105-2000, however, monthly tests shall be conducted on the standing water in the pit through October 2012, and the results shall be submitted with the 2013 annual review. The Environmental Health Department shall review the sampling process. 8. The Applicant shall evaluate the feasibility to maintain a 30' berm between the residence that is 480' from the Phase 2 mining area. This evaluation shall be presented at the 2013 annual hearing. 9. The Applicant licant shall provide photographs of the landscaping that has been planted between 480' residence and the Phase 2 mining area. BOCC Resolution No.(VI 2012 Page 2 of 3 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON FEBRUARY 9111,2012. APPROVED AND ADOPTED ON THE 14th DAY OF MARCH,2012. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO tj t,I✓tfU- By l fl b/ts Jea4te Jones 1 Michael Owsley, Chairman Deputy Clerk and Recorder Date "`� - 20/L APPROVED AS TO FORM: APPROVED AS TO CONTENT: LL-C14 John Ely Cin y ouben Co orney Community Development Director PID#:264316102010 P007-12 BOCC Resolution No. C -/ 2012 Page 3 of3 3