HomeMy WebLinkAboutpitkin.planning.264316102010 (2012)DOCUMENT LAYO FTI� INFORMATION ALL
THIS FILE MAY OR MAY NOT CONTAIN
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)
Parcel ID: 2643- 16 -1 -02 -010 Application Date: 6/11/12 Case No: P056 -12
Description: Elam Construction Inc Minor Amendment to Development Permit
Planner: Mike Kraemer
# Copies: 7
Allocated Hours: 5
% Over Hours: 6
Project Address: 7943 UPPER RIVER RD, WOODY CREEK, CO 81656
Property Owner: ELAM CONSTRUCTION INC Address: 556 STRUTHERS AVE Owner Phone:
GRAND JUNCTION, CO 81501
Owner's REP: GAYLE LYMAN Address: 556 STRUTHERS AVE REP's Phone: (970) 242 -5390
GRAND JUNCTION, CO 81501
REP's Email: gayle .lyman @elamconstruction.com
Referrals: ALL OTHER REFERRALS Other Referrals: Woody Creek Caucus 6/30/12
W/J HOA 6/28/12
Comments Due Date:
Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting:
Meeting Date: 07/11/2012
Review Body: bocc
Public Hearing? no
Notice Date:
Meeting Notes:
Approvals:
BOCC Resolution #: 066 -2012 #591220 P &Z Determination #:
BOCC Ordinance #: HO Determination #:
Admin Determination #:
Other Information:
VR Approval Date:
VR Expires Date:
Remarks:
Plat Recorded Date:
Plat (Bk, PG):
Application Type: Minor Amendment to a Development Permit
RECEPTION #: 591220, 08/08/2012 at
01:55:23 PM,
1 OF 4, 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 APPROVAL FOR THE ELAM GRAVEL PIT MINOR
AMENDMENT TO A DEVELOPMENT PERMIT
Resolution No. * 4 -2012
RECITALS
1. Elam Construction Inc. ( "Applicant "), has applied to the Board of County Commissioners of Pitkin
County, CBOCC "), for a Minor Amendment to a Development Permit to amend conditions 16A
and 16B in BOCC Resolution 052 -2009. The Applicant has proposed to increase the number of
nighttime operations from 10 nighttime operations to 20 nighttime operations. Also proposed is
to increase the number of nighttime truckloads from 40 truckloads to 60 truckloads. Finally, the
Applicant requests the concrete batch plant be added as a use during nighttime operations.
2. The property is located in Woody Creek across from the Woody Creek Mobile Home Park and is
more specifically described in Attachment A.
3. The Elam operation was granted Special Review approval by BOCC pursuant to Resolution
Nos.88 -47 and 99 -69. BOCC Resolution No. 129 -2006 approved the Phase 2 expansion request
however, District Court Order Case Number P06 CV 230 vacated Resolution No. 129 -2006. The
Order remanded the matter back to the BOCC for further proceedings consistent with the order. The
BOCC heard the Phase 2 expansion request again in 2009 and approved the request pursuant to
BOCC Resolution No. 052 -2009 with specific findings consistent with the District Court Case
identified above. Most recently, the BOCC granted approval for a Minor Amendment to a
Development Permit to amend the approved mining sequence for the Phase 2 expansion area
pursuant to BOCC Resolution No. 036 -2012.
4. The BOCC reviewed the application at a duly noticed public meeting on July 110x, 2012, at which
time evidence and testimony were presented with respect to this application.
5. The BOCC finds that the application meets the criteria in Section 2- 20- 150(b) of the Pitkin County
Land Use Code.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners
that it hereby grants approval for the Elam Construction Inc. Minor Amendment to a Development Permit
subject to the following conditions, which shall run with the land and be binding on all successors in
interest:
1. The Applicant shall adhere to all material representations made in the application and public meetings
and hearings.
2. Conditions 16A of BOCC 052 -2009 shall be amended and include the following language:
"For the 2012 mining season, the Elam Gravel Pit may be allowed
a maximum of 20 nighttime operations at the Asphalt/Hot Mix and
concrete batch plants. "
3. Condition 16B of BOCC 052 -2009 shall be amended and include the following
language:
"For the 2012 mining season, the maximum number of nighttime
truckloads shall be 60 truckloads per night. "
4. Failure to comply with these conditions of approval shall result in revocation of the approvals and
permits.
APPROVED AND ADOPTED ON THE 11th DAY OF JULY, 2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
- "b -
'
By -Y `
Michael Owsley, Chairman
Date 70/ :2--
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
C Qtll
Jo ly Cindy Houben
Attorney Community Development Director
Pm# 264316102010
P056 -12
BOCC Resolution No. (lam 2012
Page 2 of 2
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 L/ 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 ° 18'3 8" E 409.3 6 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 034'00" W 756.58', N 30 000'00" W 75.42', N34 °50'00" W 284.00', N28 028'40" 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 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
250.00', 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: N 15'04'14" 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 Area)
A parcel of land situated in the SW '/ NE '/ of Section 16, Township 9S, Range 85W of the 61h
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'/ corner of said Section 16 bears N 20 °10'08" 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 are 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 2012 2 2643 - 161 -02 -010
MEMORANDUM
DATE: July 11 "', 2012
TO: Board of County C mmiss. ers
CW
THROUGH: Cindy Houbz"-- Commumty Development Director
FROM: Mike Kraemer, Plannerx%
SUBJECT: Minor Amendment to a Development Permit
SUMMARY:
The Applicant is requesting to amend a previous BOCC Resolution to allow for an increase in permitted
night operations at the gravel pit. Also requested is the use of the existing concrete batch plant and to
increase the maximum number of truck loads per night from 40 truck loads to 60 truck loads.
The reason for this request is because the Applicant has been awarded the contract for improvements to
the Aspen/Pitkin County Airport south deice pad apron and service road improvements, connector
taxiway "A3", and runway safety improvements and drainage on the north and south portions of the
runway. It is stated that the majority of improvements to the airport are needed to be performed during
nighttime hours and the current maximums are requested to be increased.
APPLICANT: Elam Construction, Incorporated.
APPLICANT'S REPRESENTATIVE: Gayle Lyman
LOCATION: Elam Construction Sand and Gravel Pit and Asphalt/Hot Mix/ Concrete Plant, 7911
Upper River Road, Woody Creek.
ZONING: RS -20.
PROCESS: The Applicant has requested to amend BOCC Resolution No. 0052 -2009. This request will
be reviewed under Code Section 2 -20 -150. Pursuant to Section 2- 30- 20(i), the Community Development
Director has referred the application to the BOCC.
REFERRAL COMMENTS: Woody Creek Caucus and the W/J Homeowners Association.
MINOR AMENDMENT TO A DEVELOPMENT PERMIT:
Background
On October 11, 2006, the Board of County Commissioners approved a 16 acre expansion and a 20 year
extension of the Special Use Permit for the Elam Construction, Sand and Gravel Pit and Asphalt/ Hot
Mix/ Concrete Plant pursuant to BOCC Resolution No 129 -2006 (Rec. No. 530725). This expansion
area is called Phase 2.
0 uc0oi d-(' 10
This 2006 approval was subsequently vacated by a judicial proceeding and remanded to the BOCC for
further findings due to the presence and unaddressed impact to a nearby residence that exists 480' from the
expansion area (District Court Order Case Number P06 CV 230).
On June 24 and August 12 of 2009, the BOCC heard the request for an expansion of the Vagneur Pit and
to maintain the terms of the operation for 20 years. These two hearings resulted in BOCC Resolution
No. 052 -2009 (Rec. No. 563795). BOCC Resolution No. 052 -2009 included a number of conditions that
set thresholds for decibels levels emanating from the pit, heavy equipment, and dust.
Most recently, on March 10, 2012 the BOCC heard a request from the Applicant to amend its approved
mining method in BOCC Resolution No. 052 -2009 in effort to extract gravel at a faster rate from the
Phase 2 expansion area. The amendment was approved pursuant to BOCC Resolution No. 036 -2012.
Specific Proposal
BOCC Resolution No. 052 -2009 includes two specific conditions that limit the number of nighttime
operations at the pit, the number of truck loads that can be hauled to /from the pit, and use of the
Asphalt/Hot Mix Plant.
Conditions 16A and 16B of BOCC Resolution No. 052 -2009 read:
16 Night time operations beyond the standard allowed operating
hours shall 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.
The Applicant is requesting to amend conditions 16A and 16B of BOCC 052 -2009 in the following fashion:
Condition 16A is proposed in the following language:
"For the 2012 mining season, the Elam Gravel Pit may be allowed a
maximum of 20 nighttime operations at the Asphalt /Hot Mix and concrete
batch plants. "
Condition 16B is proposed in the following language:
"For the 2012 mining season, the maximum number of nighttime
truckloads shall be 60 truckloads per night. "
Page 2 of 4
00'00u2
STAFF DISCUSSION:
The requested number of truckloads per night and number of nighttime operations may have an impact to
the surrounding neighborhoods. Staff referred the request to the W/J Homeowners Association and the
Woody Creek Caucus.
The W/J Homeowners Association did not have any objections to the proposal. The Woody Creek Caucus
has commented and states that the application was also referred to the Woody Creek HOA, White Star
HOA, and the W/J Metro District and there are no objections.
It should be noted that BOCC Resolution 052 -2009 specifically prohibits the Applicant from mining and
crushing material during nighttime hours. This proposal does not request either of these uses during
nighttime operations. The Applicant does request the use of the concrete batch plant during nighttime
operations. The concrete batch plant exists within the pit currently and is used during normal operations at
the pit.
Pursuant to Section 2- 20- 150(b) of the 2006 Land Use Code, a Minor Amendment to a Development
application or permit is one that meets the following criteria:
1. Is consistent with action(s) taken during previous development approvals for the property; and
Response: BOCC Resolution 052 -2009 is the applicable approval and the Applicant has shown
consistency with previous development approvals.
2. Does not change the use of the proposed development between residential, commercial, and tourist
accommodation uses; and
Response: The request does not change the use at the Elam gravel pit.
3. Does not change the basic character of the approved use of land on which the activity occurs,
including basic visual appearance and method of operation, and
Response: The proposed amendments do not change the basic character of land at the pit. All
conditions in BOCC Resolution No. 052 -2009 will required to be adhered to.
4. Does not constitute a new land development activity; and
Response: The request does not constitute a new land development activity.
5. Does not increase off -site impacts in the surrounding neighborhood; and
Response: Because the Woody Creek Caucus and W/J Homeowners are the two entities that may
possibly receive impact from the proposal, Staff referred the request to the two entities. Neither entities
objected to the proposal.
6 Does not endanger the public health, safety or welfare, and
Response: The request does not endanger the public health, safety or welfare.
7. Does not violate any Land Use Code standard; and
Page 3 of 4
UG�u)
Response: This request does not violate any Land Use Code standard
8. Does not substantially increase the need for on -site parking or utilities, or affect affordable housing
generation; and
Response: The request will not result in any impacts mentioned in No. S.
9. Does not increase the floor area of the use by more than five (S) percent or decrease the open space
on the site by more the five (S) percent.
Response: The request will not violate this.
RECOMMENDATION:
Staff recommends that the Board adopt a motion approving the Elam Construction, Inc. Minor Amendment
to a Development permit subject to the attached draft resolution.
ATTACHMENTS:
A. W/J Metro District comments
B. Woody Creek Caucus comments
Page 4 of 4
�t�' "u4
Michael Kraemer 147F,44grft &T q
From:
Paul Jones [paulgjones @comcast.net]
Sent:
Thursday, June 28, 2012 10:31 PM
To:
janetkayes @gmail.com; dave. heiberger@elamconstruction. com-, Michael Kraemer
Cc:
Gilbert, Becky; Jeff Pendarvis; Steve Marolt; Vhrin, Bob; Vhrin, Bob; Bob McDonough; Bob
McDonough; Bob Starodoj; Bradley Everhart; Campbell, Michael & Rhoda; Chris and Brandy
Keleher; Holloway, Christina & Binnie; Person, Christina; Cindy Herndon; Courtney Clark;
Covington, Amy; Dangler, Dan; Dangler, Dan & Meg; David and Lara Deyerarmond; David
Richie; Finger, Paul; Foss, Marilyn; Freckleton, Peter; Gette Vhrin; Hansi Brenninger;
Hearndon, Will; Hilary Stunda; Homburg, Shaun; John Allard; Julie Garside; Karen Lutz; Kathy
Homburg; Katie Kissane; Lorenzo Semple; Mallory Pisano; Marc Mandelbaum; Mark & Ellie
Roberts; Mark Gamrat forward; Marni Mitchell; Mathieu Rosinsky; Michael Sailor; Younger,
Michael; Mike Marolt; Olivier Mottier; Parker Lathrop; Paul Viola; Reese; John & Susan; Roger
Haneman; Smith, Anthony & Beth; Stephanie and Chris Durham; Stephen, Dave; Stephen,
Lisa; Susan Reese; Terngeriova, Lucy; Thurber, Tammy & Mark; True, Nina; Tschappat,
Rocky; Twigg, Sue; Vardy, Itzhak; Whittingham, Phil; Wilson, Garth; Zell, John; Debbie
Braucht; Thomas Zancanella
Subject:
FW: minor amendment request
Attachments:
Elam Minor Amendment Submittal Full. PDF
Dear Janet Schoeberlein and the Woody Creek Caucus,
Dave Heiberger phoned to let me know that Elam has applied to the County for permission to work more nights than
originally permitted to accomplish their paving project at the airport. I, in turn, have sent the attached submittal to my
fellow members of the WJ Metro District Board and to the rest of the District members for whom we have email
addresses. As I have received no objections or concerns, I would like to give our blessing to Elam's request and our
hopes that the project might be completed with expediency. We very much appreciate your involving us in the process.
Paul Jones
Secretary
W/J Metro District
PO Box 231
Woody Creek CO 81656
C: 970.948.8014
- - - -- Original Message---- -
From: Paul Jones [ma ilto: paulgjones@comcast. net]
Sent: Monday, June 25, 2012 5:57 PM
To: Gilbert, Becky (beckyg il bert@comcast. net); Jeff Pendarvis Oeff.pendarvis @ci.aspen.co.us); Steve Marolt
(steve @maroltllp.com); Vhrin, Bob (bob @friasproperties.com); Vhrin, Bob (vhrin @comcast.net); Bob McDonough
(aspenfamily @comcast.net); Bob McDonough ( mcdonoughconstruction @ comcast.net); Bob Starodoj
(star @masonmorse.com); Bradley Everhart (everhart@rof.net); Campbell, Michael & Rhoda (sscp @rof.net); Chris and
Brandy Keleher (bvweissenstein @aspenk12.net); Holloway, Christina & Binnie (binchris63 @gmail.com); Person, Christina
(christinaper @comcast.net); Cindy Herndon (cndy_ aspen @yahoo.com); Courtney Clark (clark.cic @gmail.com);
Covington, Amy (amycov @comcast.net); Dangler, Dan (dan @aspen.younglife.org); Dangler, Dan & Meg
(mdangler @comcast.net); David and Lara Deyerarmond (laraanddavid @comcast.net); David Richie
(davidc.richie @gmail.com); Finger, Paul (col umbinela nd@sopris. net); Foss, Marilyn (mtnmtg @sopris.net); Freckleton,
Peter (freckleton @comcast.net); Gette Vhrin (gettev @comcast.net); Hansi Brenninger (h.brenninger @comcast.net);
Hearndon, Will (will @masonmorse.com); Hilary Stunda (hstunda @gmail.com); Homburg, Shaun
(hydrosca pe@comcast. net); John Allard (elriocolorado @aol.com); Julie Garside (juliegars @aol.com); Karen Lutz
(servesk717 @aol.com); Kathy Hornburg (highlandergirl @ comcast.net); Katie Kissane (katie @kissaneviola.com); Lorenzo
Semple (suityourself @sopris.net); Mallory Pisano (pisa no. mallory@comcast. net); Marc Mandelbaum
(marcmandel baum@comcast. net); Mark & Ellie Roberts (Esca peLLC@comcast. net); Mark Gamrat (apcccl @gmail.com);
Marni Mitchell (marnz @comcast.net); Michael Sailor (msailorpri @aol.com); Younger, Michael
(myounger81612 @yahoo.com); Mike Marolt (marolt @rof.net); Olivier Mottier (lesmottiers @aol.com); Parker Lathrop
(parker.lathrop @ gmail.com); Paul Viola (paul @kissaneviola.com); Reese; John & Susan (lcdrreese @yahoo.com); Roger
Haneman (rogerhaneman @hotmail.com); Smith, Anthony & Beth (antnbeth @rof.net); Stephanie and Chris Durham
UUU��5
Michael Kraemer
From: W -C Caucus [caucus81656 @gmail.com]
Sent: Saturday, June 30, 2012 12:05 PM
To: Michael Kraemer
Subject: Elam Construction Inc. Minor Amendment
TO: Michael Kraemer
The Woody Creek Caucus District Planning Commission has met with Elam
representatives in regard to the subject application, and we have the following comments:
As in the past, we note that Elam has worked hard to be a good neighbor in the Woody
Creek community.
The subject application was discussed at a meeting of the Woody Creek Caucus on June
28; we have contacted the Woody Creek HOA, The W/J Metro District, and the White Star
Ranch HOA, and there have been no complaints or objections voiced to the current
application.
Janet K. Schoeberlein
For the Woody Creek Caucus District Planning Commission:
Janet K. Schoeberlein
7274 Upper River Rd.
PO Box 423
Woody Creek, CO 81656
970 - 923 -0040, fx970- 922 -7295
Email secured by Check Point
GOGJ36
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PTTKIN COUNTY,
COLORADO, GRANTING APPROVAL FOR THE ELAM GRAVEL PIT MINOR
AMENDMENT TO A DEVELOPMENT PERMIT
Resolution No. -2012
RECITALS
Elam Construction Inc. ( "Applicant "), has applied to the Board of County Commissioners of Pitkin
County, ( "BOCC "), for a Minor Amendment to a Development Permit to amend conditions 16A
and 16B in BOCC Resolution 052 -2009. The Applicant has proposed to increase the number of
nighttime operations from 10 nighttime operations to 20 nighttime operations. Also proposed is
to increase the number of nighttime truckloads from 40 truckloads to 60 truckloads. Finally, the
Applicant requests the concrete batch plant be added as a use during nighttime operations.
2. The property is located in Woody Creek across from the Woody Creek Mobile Home Park and is
more specifically described in Attachment A.
The Elam operation was granted Special Review approval by BOCC pursuant to Resolution
Nos.88 -47 and 99 -69. BOCC Resolution No. 129 -2006 approved the Phase 2 expansion request
however, District Court Order Case Number P06 CV 230 vacated Resolution No. 129 -2006. The
Order remanded the matter back to the BOCC for further proceedings consistent with the order. The
BOCC heard the Phase 2 expansion request again in 2009 and approved the request pursuant to
BOCC Resolution No. 052 -2009 with specific findings consistent with the District Court Case
identified above. Most recently, the BOCC granted approval for a Minor Amendment to a
Development Permit to amend the approved mining sequence for the Phase 2 expansion area
pursuant to BOCC Resolution No. 036 -2012.
4. The BOCC reviewed the application at a duly noticed public meeting on July 11`h, 2012, at which
time evidence and testimony were presented with respect to this application.
The BOCC finds that the application meets the criteria in Section 2- 20- 150(b) of the Pitkin County
Land Use Code.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners
that it hereby grants approval for the Elam Construction Inc. Minor Amendment to a Development Permit
subject to the following conditions, which shall run with the land and be binding on all successors in
interest:
1. The Applicant shall adhere to all material representations made in the application and public meetings
and hearings.
2. Conditions 16A of BOCC 052 -2009 shall be amended and include the following language:
"For the 2012 mining season, the Elam Gravel Pit may be allowed
a maximum of 20 nighttime operations at the Asphalt/Hot Mir and
concrete batch plants. "
UU UT
3. Condition 16B of BOCC 052 -2009 shall be amended and include the following
language:
"For the 2012 mining season, the maximum number of nighttime
truckloads shall be 60 truckloads per night. "
4. Failure to comply with these conditions of approval shall result in revocation of the approvals and
permits.
APPROVED AND ADOPTED ON THE 11th DAY OF JULY, 2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By
Jeanette Jones
Deputy Clerk and Recorder
APPROVED AS TO FORM:
John Ely
County Attorney
PIN 264316102010
P056 -12
BOCC Resolution No.
Page 2 of 2
060008
Michael Owsley, Chairman
Date
APPROVED AS TO CONTENT:
{ CLI-��a
Cindy Houben
Community Development Director
2012
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 '/ 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 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 034'00" W 756.58', N 30 000'00" W 75.42', N34 050'00" 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 12'1 l'OO" W
Vagneur Pit June 2012 1 2643 - 161 -02 -010
000009
150.00, 161.97' along the are of a curve to the left having a radius of 243.31', N 50 °19'30" W
250.00', 103.50' along the are 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 Area)
A parcel of land situated in the SW '/ NE '/ of Section 16, Township 9S, Range 85W of the 6'h
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'/ corner of said Section 16 bears N 20 °10'08" 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 634.37' 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 2012 2 2643 - 161 -02 -010
U
- - - �
Michael Kraemer
From: Gayle Lyman [Gayle .Lyman @elamconstruction.com]
Sent: Friday, April 06, 2012 1:13 PM
To: Michael Kraemer
Cc: Dave Heiberger
Subject: RE: April 5th Elam visual
Mike
I am in receipt of Gail Braun's email of April 5, 2012 in which she confirmed a conversation with you earlier
that day regarding two visual complaints associated with Elam's Vagneur Gravel Pit. Following is my response
to Gail's email.
During Elam's request to the County in 2009 to expand the mining area into Phase II, and again in 2012 during
our request to use different equipment to mine the gravel, Elam was tasked with demonstrating the impact to an
occupied dwelling located within 1000 feet of the Phase II mining limits would be substantially the same or less
than if that dwelling were located at 1000 feet from the Phase II boundary. Elam identified in their submittals
and the County accepted the documentation that the only occupied dwelling of concern is the Braun residence
located 480 feet from the Phase II boundary.
Gail pointed out in her email that she saw the arm and bucket of the new track hoe from her horse paddock and
their brown barn, which is also a residence. First I must again point out that Elam was tasked with protecting the
Braun's residence located 480 feet from the Phase II boundary. The brown barn, which Gail also identifies as a
residence, is located more than 1000 feet from the Phase II boundary. As discussed in Elam's above referenced
submittals, and Per the County Code, Elam is not required to provide mitigation to this structure for visual
impact. The horse paddock, although located on the Braun property and is approximately 900 feet from the
Phase II boundary, is not considered an occupied dwelling and therefore is not required to be part of Elam's
mitigation plan for the Phase II area. I also want to point out both the brown barn and the horse paddock are
located approximately 2000 feet from Elam's current Phase II operations and in particular the location of which
the track hoe was operating on April 5.
In conclusion, it is unfortunate that Gail appears to be stressed over the two visual sightings of the track hoe arm
and bucket on April 5. However, I must point out that Elam is in compliance with the approved visual, noise
and dust mitigation plan approved by the County, with the condition that Elam mitigate against these impacts to
the 480 foot dwelling.
If you have any questions regarding this response, please don't hesitate to contact me.
Gayle 1�yman
Resource Development
Elam Construction, Inc.
556 Struthers Ave
Grand Junction, CO 81501
Phone: 970 - 242 -5370
Mobile: 970 - 260 -9902
Fax: 970 - 245 -,7716
Email: eavle .lvman0elamconstruction.com
W ebsite: www.elamconstruction.com
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Michael Kraemer
From: Gayle Lyman [Gayle .Lyman @elamconstruction.com]
Sent: Tuesday, May 29, 2012 2:31 PM
To: Michael Kraemer
Cc: Dave Heiberger; Todd Bauer; Gayle Lyman
Subject: Response to complaints
Mike
Recently, on May 16 and 17, 2012 you forwarded several emails you received from Gail Braun that included numerous
complaints and comments. Unfortunately, those emails date back to April 18, and we did not receive notice of those
complaints until May 16. This lag in timely notification makes it difficult for Elam to conduct a thorough investigation to
identify the cause of, and provide resolution to, the matter. A response to Mrs Braun's complaints is provided below.
The complaints, which are copied directly from the emails, are identified by date of the original email sent by Mrs Braun.
Wednesday April 18, 2012; 5:48 PM
Complaint:
First two dump trucks around 10:00, at old berm line across from our hay barn. Again, another dump truck, around
1:00, myself and my son saw as we came out of our mud room door, main residence, we could see dump truck bed (
raising and lowering). Also, again with the visuals the some scraping loud noise. This evening, around 5:15, this rumbling
noise coming from just over the hill off main house. Disturbing in sound.
Response:
The trucks referenced herein were dumping their load of import material in the designated area of the northern part of
Phase 1 of the Vagneur Pit. The Phase 1 area of the gravel pit does not have visual restrictions place on it as it was an
approved operation prior to the Braun's building and occupying their current residence. This activity is also located
approximately 1,300 feet from their residence. The scrapping sound was probably due to material sliding from the raised
truck bed. The rumbling noise referenced is also difficult to identify due to the time lapse. However, on April 18, Elam
was assembling the crusher in preparation for the current year of mining and crushing. It is possible, that a piece of
equipment such as a conveyor belt was raised into position which may have resulted in the equipment being dragged a
short distance across the floor of the pit, creating the rumbling noise referenced.
Wednesday April 25, 2012; 8:22 PM
Complaint:
This is a follow up email on the phone messages I left you on Monday and Tuesday.
Monday 4/23/12 -1 was gardening on the back side of main house -again that loud, long dragging noise (about 1:00).
Tuesday 4124112 -1 was again doing gardening /yard work. Again, that loud, long scraping noise, from garden ( about
12:30). Walking around to the creek side of house, off main living room patio, I could see (about by new berm) the entire
bed of a dump truck in the air. It's seems that is the loud dragging, scraping noise, as it dumps it's load. Therefore, are
they too close? As I could see the entire bed rising and lowering. Also, on Tuesday, there was a watering truck, watering
trees and maybe some new planting. That is all good. However, there was a person on a four - wheeler driving (crashing -
loud enough for me to leave my garden to see if a tree had fallen). He was down in creek bed area. 1 believe he may have
been doing weed control from the items on the back of four wheeler. 1 was just wondering if walking would have been
more effective, than crashing through fallen timber, 1 was quite startled by the noise, and came quick to look, as my
dogs were the yard. As, 1 said it sounded like a large tree falling. So we appreciate the effort in weed control! Our ranch
hands do use a backpack spray, that they can walk in difficult areas. There are a large number of fallen trees, which also
make for worry of fire, in this
dry season.
Response:
Although unable to positively identify the "dragging noise' referenced in this email, it is assumed the noise is a result of
material sliding out of a truck bed as it dumps it's load. Mrs Braun also came to this conclusion in her email. Mrs Braun
did make reference to a dump truck by the new berm, and asked if it was too close. The new berm area (which was
constructed and seeded in 2011) is within the Phase 1 mining permit boundary. Limited activity is allowed in this area.
After interviewing Elam personnel, there was no evidence supporting Mrs Braun's claim that a dump truck was dumping
material by the new berm area. A water truck was watering Elam's landscape plantings, which was noted in the email.
Elam did have a contract weed sprayer on site April 24th. He was working down by the creek where he drove his 8 -wheel
ATV. Upon interviewing the applicator, I was informed that while on site he utilized both the AN with an attached tank
along with a backpack to apply the spray. This AN vehicle does not utilize a conventional method to steer, as there are 4
tires on each side of the vehicle. This particular style of AN uses a steering transmission that varies the amount of
power to each wheel. This method of steering may have created more noise than a more traditional four - wheeler while
executing turning maneuvers. Even driving over branches that have fallen down, it is hard to imagine this vehicle
creating noise similar to a large Cottonwood tree falling.
Thursday May 10, 2012; 7:36 PM
Complaint:
Not to add a problem, but was just outside and seems the crusher, soft rumble was still
going on at 7:20 ish tonite ... do they have longer days, since not working Fri. /Sat. But are
their hours still 7 a. m. to 7p.m. ? Just wondering...
Response:
An interview with Elam's Crushing Manager regarding this complaint was conducted along with reviewing the daily
production report and time cards for May 10. The daily production report states the crusher operated for 10 hours
beginning at 7:30 am, ending at 5:30. Employee time cards show the employees beginning their shift at 7:00 am and
ending at either 6:00 or 6:30 pm, depending on the employee. Unfortunately, I am unable to identify the source of the
soft rumbling noise occurring around 7:20 PM. I am confident in stating that the soft rumble noise is not associated to
Elam's mining or crushing activities as implied by Mrs Braun.
Tuesday May 15, 2012; 2:34 PM
Complaint:
Just a heads up on Elam's berm. Today, was quite windy, and was a bit of a dust bowl coming
off the berm. It seems not to have been reseeded and 1 have not seen any water trucks up on the
berm, for several weeks. So, maybe check to see when they will reseed and water. Did you find out
if they are enlarging the berm, seem maybe so. Let me when you can.
Response:
The new berm was reseeded the week of April 9, 2012. A straw mulch was also applied on top of the seed. The berm is
not being enlarged. The water truck has been up by the berm and landscape area approximately two times per week.
Thursday May 17,2012; 9:05 AM
Complaint:
Just, two more complaints.
On Tues. 1 was coming home from bike ride, very windy. The new berm had dust blowing like crazy, towards our brown
barn, River Rd. and down valley. 1 would imagine they should get it reseeded and
water, timely as it will only continue in these dry conditions. 1 also, left you a phone message yesterday evening (Wed.),
regarding crusher noise. It was incredibly loud, the worst I've heard. It did let up, to more "normal ", but about 10
minutes of the very loud. This was sometime, after 4 p.m
Response:
. 000003 z
The Tuesday comment appears to be a duplicate of the complaint in the May 15 email. See response for May 15. With
regards to the loud noise that was about 10- minutes in duration that occurred on May 16, a determination could not be
made as to what generated this noise.
Don't hesitate to contact me if you have any additional questions.
!<'ayl Lyman
Resource Development
Elam Construction, Inc.
556 Struthers Ave
Grand Junction, CO 81501
Phone: 970 - 242 -5370
Mobile: 970 - 260 -9902
Fax: 970 - 245 -7716
Email: gayle.lyman@elamconstruction.com
Website: www.elamconstruction.com
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000004
Michael Kraemer
From:
Gayle Lyman [Gayle .Lyman @elamconstruction.com]
Sent:
Friday, June 08, 2012 1:43 PM
To:
Michael Kraemer
Cc:
Dave Heiberger; Todd Bauer; Gayle Lyman
Subject:
RE: Saturday 6 -2 -2012 Wind / Elam dust storm
Mike
Following is a response to Gail Braun's email and confirming our conversation earlier this week in which we
discussed her concerns.
Dust from pit — The time referenced by Mrs Braun for the wind storm was around 3 in the afternoon on
Saturday June 2. Elam's pit was closed Saturday. There was no personnel on site. I do not argue that
Mrs Braun experienced dusty conditions Saturday afternoon. However, with the conditions being
described as a "wind storm ", it's very likely some dust experienced by Mrs Braun originated from our
pit, but it is just as likely other outside sources contributed to the dusty condition. Mrs Braun is correct
that Elam committed to watering 3 to 4 -times per day, however this was in conjunction with mining
activities and normal pit operations. This watering sequence did not include times for when the gravel
pit is closed to operations.
Seeding of berm — The new berm which was part of the originally approved Phase 1 mining plan was
constructed and seeded in the fall of 2011. The berm was again seeded in early April 2012. There is
grass beginning growing on berm. Mrs Braun made reference to a sprinkler system on the berm. In a
discussion with Dave Heiberger, he stated that did not say there was a sprinkler system as indicated by
Mrs Braun in her email. The berm is watered along with Elam's required landscape with the water truck.
• Seed plan for berm — Upon reviewing the minutes for the March 14 BOCC hearing, there was no
discussion that required Elam to submit a seeding plan for the berm. I'm wondering if she may been
thinking of the weed plan required for thistle on the Phase 1 berm, which has been submitted and
approved by staff.
Mrs Braun also requested that you conduct a site visit to inspect the new berm. Let me know what date and time
works for you and/or Carrington and I can arrange to meet you on site.
-gayk Hyman
Resource Development
Elam Construction, Inc.
556 Struthers Ave
Grand Junction, CO 81501
Phone: 970 - 242 -5370
Mobile: 970 - 260 -9902
Fax: 970 - 245 -7716
Email: gayle.lyman @elamconstruction.com
Website: www.elamconstruction.com
FJ�l
Michael Kraemer
From: Bill and Gail Braun [braunranch @gmail.com]
Sent: Friday, March 30, 2012 3:58 PM
To: Michael Kraemer
Subject: Noise and visual complaint
Hello Michael,
As per our 3:00, March 30th, 2012 conversation, I'm following up on a Elam complaint of noise and visual.
I left a message for both Carla and Carringtion, both were out of their offices. Therefore, following up with
you.
At, 1:00 ish on March 30th, I was talking with my ranch hand. We both heard a very LOUD scraping noise
coming
from Elam's old pit, then we saw the top of a dump truck as it seemed to be unloading , and then lowering its
truck bed.
This was up high, at the old berm. I believe the noise was too loud, as well as we are not to see equipment.
Thank you for your time and logging this . Yours , Gail
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Michael Kraemer
From: Bill and Gail Braun [braunranch @g mail .com]
Sent: Wednesday, April 18, 2012 5:48 PM
To: Michael Kraemer
Subject: April 18, visuals
Hi Michael,
Sorry , I missed you by phone several times today. Just to touch base on several visuals today. First two dump
trucks around
10:00 , at old berm nine across from our hay barn. Again, another dump truck, around 1:00,myself and my son
saw as we came out of our mud room door,
main residence , we could see dump truck bed ( raising and lowering). Also, again with the visuals the same
scraping loud noise.
This evening, around 5:15 , this rumbling noise coming from just over the hill off main house. Disturbing in
sound.
If you can please give a call in the morning.
Thank you, Gail
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Michael Kraemer
From:
Bill and Gail Braun [braun ranch @gmail.com]
Sent:
Wednesday, April 25, 2012 8:22 AM
To:
Michael Kraemer; Jody Edwards
Subject:
Elam noise and visuals
Good Morning Michael,
This is a follow up email on the phone messages I left you on Monday and Tuesday.
Monday 4/23/12- I was gardening on the back side of main house -again that loud, long dragging noise (about
1:00).
Tuesday 4/24/12- I was again doing gardening /yard work. Again, that loud, long scraping noise, from garden
about 12:30).
Walking around to the creek side of house, off main living room patio, I could see (about by new berm) the
entire bed of
a dump truck in the air. It's seems that is the loud dragging, scraping noise, as it dumps it's load. Therefore, are
they too close?
As I could see the entire bed rising and lowering.
Also, on Tuesday, there was a watering truck, watering trees and maybe some new planting. That is all good.
However,
there was a person on a four - wheeler driving ( crashing - loud enough for me to leave my garden to see if a tree
had fallen). He was down in creek bed area. I
believe he may have been doing weed control from the items on the back of four wheeler. I was just wondering
if walking would
have been more effective, than crashing through fallen timber, I was quite startled by the noise , and came quick
to look, as my dogs
were the yard. As, I said it sounded like a large tree falling. So we appreciate the effort in weed control! Our
ranch hands do use
a backpack spray, that they can walk in difficult areas. There are a large number of fallen trees, which also
make for worry of fire, in this
dry season.
I appreciate your time. Gail
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Michael Kraemer
From:
Bill and Gail Braun [braunranch @gmail.com]
Sent:
Thursday, May 10, 2012 7:36 PM
To:
Michael Kraemer
Subject:
Thanks for today
Hi Michael,
Next Friday at 10:30 will work ... we appreciate yours and Carrington's time today.
Not to add a problem, but was just outside and seems the crusher, soft rumble was still
going on at 7:20 ish tonite ... do they have longer days , since not working Fri. /Sat. But are
their hours still 7 a. m. to 7p.m.? Just wondering...
Talk soon, thank you again, Gail
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Michael Kraemer
From: Bill and Gail Braun [braunranch @gmail.com]
Sent: Tuesday, May 15, 2012 2:34 PM
To: Michael Kraemer
Subject: Dust and Friday meeting
Hi Mike,
Just a heads up on Elam's berm. Today, was quite windy, and was a bit of a dust bowl coming
off the berm. It seems not to have been reseeded and I have not seen any water trucks up on the
berm, for several weeks. So , maybe check to see when they will reseed and water. Did you find out
if they are enlarging the berm, seem maybe so. Let me when you can.
Also, about the meeting this Friday the 18th, last Friday the crusher ran all day. So if we want a day
of non - working noise ( as ya'll thought they did not work on Friday's), maybe we need to check with them
on their work schedule. We are good for the meeting if it still works out. Just let us know.
Thank you, Gail
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Michael Kraemer
From:
Bill and Gail Braun [braunranch @gmail.com]
Sent:
Thursday, May 17, 2012 7:08 AM
To:
Michael Kraemer
Subject:
6:30 a.m. visit
Good Morning Mike,
Sorry I missed your email, got it yesterday. Thank you for all the follow up on site concerns.
Yes, we can arrange a early a.m. meeting, or also a after 7 p.m. , if that would work into schedules. Either
way we will work with you to get the normal noise reading.
Just, two more complaints. On Tues. I was coming home from bike ride, very windy. The new berm had dust
blowing like crazy, towards our brown barn, River Rd. and down valley. I would imagine they should get it
reseeded and
water, timely as it will only continue in these dry conditions.
I also , left you a phone message yesterday evening (Wed.), regarding crusher noise. It was incredibly loud, the
worst
I've heard. It did let up, to more " normal ", but about 10 minutes of the very loud. This was sometime, after 4
p.m.
Thank you again for listening, again. Let me know when yours and Carrington's schedule will work, a.m. or p.
M.
Yours, Gail
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Michael Kraemer
From: Bill and Gail Braun [braunranch @gmail.com]
Sent: Sunday, June 03, 2012 7:16 AM
To: Michael Kraemer
Subject: Saturday 6 -2 -2012 Wind / Elam dust storm
Hello Michael,
It is Sunday morning. I left you a voice mail on Sat. 6-2-2-12, around 3:00 -3:15. This was regarding
the wind storm , which resulted in huge amounts of dust coming from Elam's un- planted berm!! However, we
also had EXTREME amount of dust coming from the "NEW PIT MINING ". It was extremely bad, it seemed to
be
almost smoke like, you could see it coming in from pit and berm, from kitchen,living room, all windows in
that direction.
We had just washed all patios from , last weekends fire- ash (New Mexico). Now, we have to do it ALL
AGAIN,
because of Elam's lack of responsibility to seed, water the berm, as well as water the new mining area! I can
only
feel that the berm was to have been seeded last year after they created it! If that was done properly , there
should
be plantings growing at this time. If they were watering the new mining area three -four times a day, I'm sure the
dust
would not have been so incredibly bad! Luckily, only one window was open and the dust in the house from that
window, very
unnecessary! ! !
I did call Dave, at Elam and speak to him regarding this problem after calling you. He seemed to listen.
However, also
stated that the berm has plantings growing and that is watered by sprinklers ( which is why we do not see
watering trucks).
I would request for you to please make a visit to see if this is true. From different areas on our property we are
rather close,
and I see no planting or watering! As for the pit expansion area, are they watering the REQUIRE number of
time, especially
in these DRY AND WINDY conditions.
I apologize for the length of this email. I'm very disturbed by yesterday's dust storm!!!
Thank you, Gail ( P. S. I remember you said Elam was to submit their seed plan for the berm in May, have
they? It seems
it should have been submitted last year and completed now.) Thank you again!!!! Gail
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Michael Kraemer
From: Gayle Lyman [Gayle .Lyman @elamconstruction.com]
Sent: Wednesday, June 20, 2012 3:41 PM
To: Michael Kraemer
Cc: Dave Heiberger; Todd Bauer; Gayle Lyman
Subject: Vagneur Pit
Mike
Elam had an on -site meeting at the Vagneur Pit with Holy Cross Electric yesterday. In short, Elam has been directed by
Holy Cross to reduce the height of the berm in several areas around the perimeter of our property. One area in
particular, is a portion of the recently constructed berm near the road leading to the pump house near the Braun
property line. This work is expected to be performed within the next week and should take approximately one half a day
to complete. Once the berm height is modified, it will be reseeded. I am providing you with this information in case you
receive an inquiry regarding our activity from Mrs Braun.
Let me know if you have any questions.
Gayle 1.yman
Environmental Manager
Elam Construction, Inc.
556 Struthers Ave
Grand Junction, CO 81501
Phone: 970 - 242 -5370
Mobile: 970 - 260 -9902
Fax: 970 - 245 -7716
Email: gayle.lyman@elamconstruction.com
Website: www.elamconstruction.com
T
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Michael Kraemer
From:
Michael Kraemer
Sent:
Tuesday, July 03, 2012 9:12 AM
To:
'Bill and Gail Braun'
Subject:
RE: Elam - Berm noise
Hi Gail — Happy 4th of July!
We inspected the berm a few weeks ago which was sparsely vegetated. We told Gayle that the berm needed to be
vegetated.
Coincidently, Gayle provided us with an email last week indicating he had a meeting with Holy Cross Electric. Holy Cross
Electric is requiring that, in several areas, the height of the berm be lowered around the perimeter of the pit near your
house. In doing this, it sounds that front end loaders are being used. After the berm height is lowered Gayle stated that
the berm will then again be reseeded. Gayle has indicated to us the work will take approximately % day to complete.
Thanks for the email and concern.
Also, did you have any comments or would you like to meet regarding the most recent Elam amendment for night time
work?
Let me know.
Thanks, Mike
From: Bill and Gail Braun [mailto:braunranch @gmail.com]
Sent: Tuesday, July 03, 2012 8:33 AM
To: Michael Kraemer
Subject: Elam - Berm noise
Good Morning Mike,
Happy almost 4th!! I'm sure this will be a busy week, but if you have time for a unannounced
site visit to Elam , we would appreciate your time.
This morning they have a very large front end loader ( ?), making very loud and odd noises. It is
pushing some type of material, making a loud grating sound, followed ( when they back up) , by a
long loud whistling/humming sound. I went out to see what the noise is as it is audible from INSIDE
our house. I watch this machine, ( also visible from my kitchen window), from our drive way. It is
working on the old berm, but closer to our house than the middle. I have heard this noise before, but
did not see the source.
Could you please see what it is they are doing, and I believe it is certainly above the decibel levels!
Thank you for your time. Gail
P.S. This noise started early...
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000014
WILDERNESS WEEDS, INC.
UP
PO BOX 408
RIFLE, CO 81650
(970)216-6151
WILDERNESSWEEDS.COM
Elam Construction
Attn: Dave Heiberger
7911 Upper River Road
Woody Creek, CO 81656
Weed Management Plan 2012
Wilderness Weeds sets forth plan to remove thistle and all other noxious weeds from Elam Construction,
Woody Creek CO (Vaguer pit) as follows:
1. Early spring treatment of herbicide application before 5/1/12. Thistles and other noxious weeds will be targeted.
2. Evaluation and re- treatment within 45 days of first application.
3. Additionally there will be a fall herbicide treatment in August /September (dependent upon the weather). All
thistles will be treated before development of seed.
Note: Physical removal of past years dead plants is unnecessary; all seeds have been dispersed. The plants will
biodegrade into top soil.
Thank you,
Cade Pickering
(970) 216 -6151
000015
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PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter "COUNTY ") and �' �a- v✓r s �-r c Z�.� o •� - h C
(hereinafter "APPLICANT ") AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for &';,'p a r' .,/,
6e. De y e /g,a --y " n t ,Pk-r m : t (hereinafter, the "PROJECT ").
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30 -2009 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 are 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 $ /
which is based on ours 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 accrued costs shall be grounds for suspension of processing.
PITKIN COUNTY
Cindy Houben
Community Development Director
�;�0001 ��
( "APPLICANT ")
u G co vi
Print Nafne and Title (if applicable) 1
Date: v -c- / l aZ U/,�—
Mailing Address: S 6 S7e"-tti ,,-r .,,:O'V e .
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June 11, 2012
Mr. Michael Kraemer
CONSTRUCTION, INC.
PPPP 556 Struthers Avenue
Grand Junction, CO 81501 -3826
(970) 242 -5370 Fax (970) 245 -7716
www.elamconstruction.com
Pitkin County Community Development
130 South Galena St.
Aspen, CO 81611
RE: Vagneur Gravel Pit, Parcel ID 2643 - 161 -02 -010. Minor Amendment to Development Permit
Resolution 052 -2009.
Mike,
Elam Construction, Inc. was recently the successful low bidder and subsequently awarded the contract
for improvements to the Aspen - Pitkin County Airport, AIP Project No. 3 -08- 0003 -46. Work is expected to
commence around July 10, 2012 and continue through October 31, 2012. In general, the scope of work
includes
• Construct south deice pad apron and west vehicle service road improvements
• Construct connector taxiway "A3"
• Runway safety area improvements including west side drainage (north)
• Runway safety area improvements including west side drainage (south)
In order for the airport to continue normal flight operations, Elam is required to perform the majority of
the work during nighttime hours. However, Elam is restricted by Condition 16 of Resolution 052 -2009 to
the amount of nighttime operations allowed at the Vagneur Pit. Condition 16 contains 7 parameters (A —
G) for nighttime operations. Elam is requesting a minor amendment to 16A and 16B. The remaining
parameters of Condition 16 (C — G) will remain as originally stated in Resolution 052 -2009. Below is
Condition 16 with parameters A and B as originally stated in the Resolution 052 -2009:
16. Nighttime operations beyond the standard allowed operating hours shall 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.
X002
Pitkin County Community Development
PID 2643 - 161 -02 -010
June 1, 2012
Page 2
B. This approval shall be limited to a maximum of 40 truck loads per night.
This Minor Amendment requests the following changes to 16A and 16B.
• 16A — Increase the number of nighttime operations from 10 to 20. Include the operation of the
concrete batch plant with Elam's Asphalt /Hot Mix Plant.
• 16B — Increase the maximum number of truck loads per night from 40 to 60.
Background on prior Permit Approval
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 under Permit M- 1980 -085.
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 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. The BOCC approved,
by Resolution 052 -2009, the expansion of the Vagneur Pit.
In January 2012, Elam submitted for a Minor Amendment to the Development Permit (052 -2009) to
amend the mining method. In particular, a track hoe and haul trucks were presented as a variation to
1i Uuu3
Pitkin County Community Development
PID 2643 - 161 -02 -010
June 1, 2012
Page 3
the originally approved D -8 dozer to mine material. The BOCC approved this Minor Amendment by
Resolution 036 -2012.
Compliance with Land Use Code
In order to gain approval of this Minor Amendment request, Elam must demonstrate compliance with
Section 2 -20 -150 of the Pitkin County Land Use Code. Following is the Land Use Code with responses.
A minor amendment to any development application or permit is one that meets the following criteria,
as determined by the Community Development Director:
1) Is Consistent with action(s) taken during previous development approvals for the property, and
The BOCC has previously approved nighttime operations at Elam's Vagneur Pit. As evidenced by
Resolutions 99 -69 and 052 -2009. The scope of this project, however, exceeds the currently
approved 10 nighttime operations. The project for which this minor amendment is requested is
considered a publically owned project, which is a stipulation of Resolution 052 -2009.
2) Does not change the use of the proposed development between residential, commercial and
tourist accommodation uses, and
The previous approvals by the BOCC have been for mining and processing of gravel and the
production of asphalt and concrete. This request does not change the approved use of the
property. The approved nighttime operations excluded mining and processing activities. This
request does not impact this condition.
3) Does not change the basic character of the approved use of land on which the activity occurs,
including basic visual appearance and method of operation; and
As stated above, the approved land use includes mining and processing of gravel and the
production of asphalt and concrete. The minor amendment request does not change the
character of the approved use of the land.
4) Does not constitute a new land development activity, and
The minor amendment request does not constitute a new land development activity since the
request is for an increase of an already approved use.
U `ild U
Pitkin County Community Development
PID 2643 - 161 -02 -010
June 1, 2012
Page 4
5) Does not increase off -site impacts in the surrounding neighborhood, and
The requested minor amendment is a temporary extension of previously approved activities. If
allowed, this work would normally take place during daytime hours. Since the airport must
remain operational to incoming and outgoing aircraft, the work has been directed to be
completed at night. Therefore there is not an overall increase to off -site impacts in the
surrounding neighborhood.
6) Does not endanger the public health, safety or welfare, and
This request does not endanger public health, safety or welfare.
7) Does not violate any Land Use Code standard, and
This request does not violate any Land Use Code
8) Does not substantially increase the need for on -site parking or utilities, or affect affordable
housing generation; and
This request does not require an increased need for on -site parking or utilities. There is also no
affect on affordable housing generation.
9) Does not increase the floor area of the use by more than five (5) percent or decrease the open
space on the site by more than five (5) percent.
This request does not impact floor area or open space at this site.
Along with this summary letter, attached are the following:
• BOCC Resolution 052 -2009
• Proof of Ownership of subject property
• Parcel Description, including legal description and Vicinity Map
• Total fee for application in the amount of $1,960.00 (Check No. 3733)
• Signed Fee Agreement
• Pitkin County Pre - Application Form
'.)U U5
Pitkin County Community Development
PID 2643 - 161 -02 -010
June 1, 2012
Page 5
Please let me know if you have any questions or comments regarding this Minor Amendment request.
Sincerely,
Gayle Lym
Property Division Manager
Elam Construction, Inc.
if. V�
PITKIN COUNTY PRE- APPLICATION CONFERENCE SUMMARY
LOCATION: Elam Gravel Pit, 7943 Upper River Road PID# 264316102010
OWNER: Elam Construction Inc. ZONING: RS -20 ACRES: 107
REPRESENTATIVE: Gayle Lyman PHONE: 970 - 260 -9902 EMAIL: Gavle .Lyman(d�elamconstruction.com
DATE: March 23, 2012 (updated June 5, 2012) PLANNER: Mike Kraemer, 920.5482
Type of Application: Minor Amendment to a Development Permit
Description of Project/Development: The Applicant is requesting approval for a Minor Amendment to a Development
Permit to amend BOCC Resolution No. 052- 2009which stipulates a total of 10 night time operations are allowed at the Elam
Gravel Pit. The proposal will request to increase the number of night time operations for a certain duration of time and also
propose to increase the limitation on the maximum number of trucks that can be used during night time operations. The
current maximum limitation is 40 trucks per night.
The Applicant is also seeking clarification on condition #16A of BOCC Resolution No. 052 -2009 which allows for night
time use of the asphalt/hot mix plant . The Applicant has stated that there may be a need to also use concrete operations
during the night time work.
Land Use Code Sections to be addressed in letter of request (application):
Sec. 2 -20 -150: Minor Amendments to a Development Permit
Staff will refer the application to the following agencies: Woody Creek Caucus, W/J HOA,
Review by: Community Development Director refer to BOCC pursuant to Section 2- 30 -20(i) of the Code.
Public Hearing: No.
FEES: $1,960 (make check payable to "Pitkin County Treasurer ")
■ Planning Office flat fee: $1,560 (non - refundable; based on 5 hours of staff time for review); if staff review time
exceeds 6 hours, the Applicant will be charged for additional time above 5 hours at a rate of $312 /hour)
o Web Technology Fee: $25
o BOCC Clerk Fee: $375
To apply, submit 8 copies (1 unbound) 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 section listed above.
2. BOCC Resolution No. 052 -2009
3. Proof of ownership of subject property;
4. Parcel description, including legal description and vicinity map;
5. Total fee for review of the application;
6. Signed fee agreement (1 copy);
7. Consent from owner(s) to process application and authorizing the representative (1 copy)
8. Copy of this pre -app form
NOTES.
➢ PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE
SUBMIT TWO -SIDED COPIES OFALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE
PARCEL IDs SHOULD BE INCLUDED ONALL DOCUMENTS INCLUDED IN YOUR APPLICATION.
➢ ALL MAPS SHALL BE FOLDED.
IU,J.0 Jl
PREVIOUS EXPANSION APPROVAL VAGNEUR PIT
ELAM CONSTRUCTION, INC.
Attached is Resolution No. 052 -2009, a Resolution of the Board of County Commissioners of
Pitkin County, Colorado, Approving the Elam Construction, Inc. Special Review to Expand the
Vagneur Gravel Pit.
v' , U
Vagneur Pit June 2012 1 2643- 161 -02 -010
RECEPTION#: 563795, 10/21/2009 at 02:31:25 PM, 1 OF 47, R $0.00
Janice K. Vos Caudill, Pitkin County, CO
RECEPTION #: 563795,1012112009 at
02:31:25 PM,
I OF 47, R $0.00 Doc Code RESOLUTION
Janice K. vos Caudill, Pitkin County, CO
RESOLUTION OF 7'1�L BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, APPROVING THE ELAM CONSTRUCTION, INC. SPECIAL REVIEW TO
EXPAND THE VAGNEUR GRAVEL PIT
Resolution No.Kf -2009
RECITALS
1. Elam Construction Inc. (Applicant) submitted an application to the Pitkin County Board of County
Commissioners (BOCC) to expand the Vagneur gravel pit from the west to the east and maintain the
terms of operation for 20 years (plus one year for reclamation) for the sand and gravel extraction
operation and the asphalt hot mix/concrete operation.
2. The property is located in Woody Creek across from the Woody Creek Mobile Home Park and is more
specifically described in Exhibit A.
3. The Elam operation was granted Special Review approval by BOCC pursuant to Resolution Nos.88-
47 and 99-69. BOCC Resolution No. 129 -2006 approved an identical expansion request described
above however, District Court Order Case Number P06 CV 230 vacated Resolution No. 129 -2006. The
Order remanded the matter back to the BOCC for further proceedings consistent with the order.
4. The BOCC reviewed the application at a duly noticed public hearing on June 24, 2009 and a
continued public hearing on August 12, 2009, at which time evidence and testimony were presented
with respect to this application.
5. The BOCC finds that the application meets the provisions of Section 3 -250 of the Pitkin County Land
Use Code.
6. The BOCC fiather finds that the 1000' setback requirement for a gravel pit from a residence can be
reduced to 480' and will result in substantially the same or less impact due to unique site features, the
nature of the equipment that will be utilized, and mitigation efforts employed.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners
that it does hereby approve the Elam Sand and Gravel Pit and Asphalt/Hot M ix/Concrete plant request for
expansion and a 20 year extension of the Special Review approval of their operations, subject to the
following conditions:
1. Material Representations: Representations made by the Applicant thereafter 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 A.
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
bot -mix plant, concrete batch plant, mining, equipment mobilization, and rock crushing may
RECEPTION#: 563795, 10/21/2009 at 02:31:25 PM, 2 OF 47,
Janice K. Vos Caudill, Pitkin County, CO
BOCC Rarolarton Noo!57J- 2!109
Page 2 qf6
oommem no earlier than 7:00 A.M. and shall cc= no later than 7:00 P.M. However, deliveries
to the site may occur after 6:00 A.M. Operations shall be limited to Monday through Saturday.
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. Prior to the initiation of
Phase 11, the Applicant shall provide a specific drainage plan for the eastern edge of the
operation as it relates to the drainage into Woody Creek. The plan shall be submitted for
review and approval to the County Land Use Engineer and Environmental Health and
Natural Resources.
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:
I a 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
3) Operation 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 its 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 setding 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.
Additionally, the Sound Level Monitoring Protocol (Exhibit C) shall be adhered to, and
discriminating back -up signals shall be utilized by the Operator's equipment and trucks.
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 seeress, vegetative screening of operations, and construction of structures and
improvements which bland with the landscape. Berms shall be
constructed to screw 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) Elimination of hazards to public health and safety;
5) Restoration of fisheries and wildlife habitat in surface water bodies;
RECEPTION#: 563795, 10/21/2009 at 02:31:25 PH, 3 OF 47,
Janice K. Vos Caudill, Pitkin County, CO
BOCC Rer hWM No. e:rl- 2W9
Page 3 of 6
6) Stabilization of access roads by proper goading. drainage control, surface
treatment and vegetation
G. Water Supply: Adequate water supply will be provided to meet Pitkin County Land Use
Regulations.
6. Revegetation and Reclamation:
A. Reclamation for Phase I shall be in accordance with the approved reclamation plan as
described in the text of the application submitted to the Plarming Office on December 15,
1987 and consistent with Exhibit 3 of BOCC Resolution No. 8847. Reclamation for
Phase 2 shall be in accordance with the approved reclamation plan as submitted in 2006
and approved in 2009.
B. Revegmation must be accomplished as soon as practicable after work has been completed
in an area where the Operator has concluded its worir. The intent of this provision is that
exposed slopes shall be rotwbilkated and revegetated at the earliest possible date.
C. Pitkin County recognizes that the State of Colorado's Mined Land Rechimation 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, Piddn 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 sere of land to be disturbed which is reasonable to cover the costs of
reclamation and mvegetation. This permit shall be null and void if the bond is not
furnished and the permittee shall cease all work hereunder.
7. 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 thin
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
S. Camper Area: Camper spaces shall be provided for a maximum of 20 campers. Campers shall
only be on site from April 1' to December 1' of each year. Use shall be restricted to temporary,
short- tam, 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
9. 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.
10. Term of Permit. Operators long -term Sand and Gravel and Aspb&WHot Mix Concrete Plant
permit, and special use approvals thereof, shall expire twenty (20) years after the approval of this
resolution, unless sooner terminated or extended pursuant to Code.
0 UG"JI .
RECEPTION#: 563795, 10/21/2009 at 02:31:25 PM, 4 OF 47,
Janice K. Vos Caudill, Pitkin County, CO
BOCC Rerandim WaOfr 2009
Pogo 4 off
11. 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.
12. The Water Resource Protection Plan dated September 1, 2006, shall be adhered to (attached as
Exhibit B).
13. Crusher operations shall be limited to the dates of April 1 through November 25 of each year.
Any required extensions beyond these dates must be approved by the BOCC in consultation with
the Woody Credo Caucus.
14. 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.
15. Fugitive dust from the pit operations must be contained to maintain compliance with applicable
state standards.
16. Night time operations beyond the standard al lowed operating hours shall be permitted under the
following parameters:
A Then: may be a maximum of 10 nighttime operations in any one calendar year at the
Elam Asphalt/Hot Mix Plant in which operational hags may be extended to include 7:00
p.m. until 7 :00 am. as well as normal daytime operating hours. These 10 nights can only
be to accommodate publicly owned projects. The Operator shall notify Pitldn County, the
W/J Homeowners Association, and the Woody Creek Caucus, in writing, as to
approximately when and law 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 track 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
D. The Operator, in conjunction with the public project owner shall implement a public
informatior/notifxxtion plan utilizing at least the follow mediums of communication:
public service announcements, newspaper notices, and neighborhood newsletters to alert
affoded residents and other travelers of potential delays and hazards.
E. Thee 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. Tricks shall not use "Jake" brakes during nighttime operations except in an emergency
situation
Ill. The Applicant shall control dust to be substantially the same or less than 14.0 pg/cu. meter of
dust at the 490' residence under normal operating conditions. To ensure this, the Applicant shall
water haul roads 4 times per day during dry conditions and water the northern portion of Phase 2
within 1000' of the residence, as needed during mining operations.
19. To mitigate additional noise impact, the Applicant shall maintain a 15' — 25' natural berm along
the eastern facing slope isolating the mining area from the 480' residence to reduce noise. The
RECEPTION #: 563795, 10/21/2009 at 02:31:25 PM, 5 OF 47,
Janice K. Vos Caudill, Pitkin County, CO
&XCjh.* &=Nor 6T2- 2W
Pugs S of 6
Applicant shall also limit the use of the Cat 966 loader or similar machine to at or below the 7403
elevation in the northern aces of Phase 2, where the former topsoil stockpile was to be located, or
whatever elevation is necessary to ensure the raise at the 490' residence does not exceed
48dB(A).
20. To mitigate additional noise impact the Applicant shall mine the expansion area Gom south to north
and always push materials down to the existing pit area leaving the east facing slope intact until the
end of the life of the expansion area.
21. To mitigate the additional noise and visual impact the Applicant shall mine the expansion area from
west to east leaving the east facing slope intact until the end of the life of the expansion area
22. To mitigate the visual impact of removal of the hillside, the Applicant sball employ landscaping
in the form of tree plantings and/or landfbnns to the satisfaction of Staff to better screen the
expansion area from the 480' residence as illustrated in attachment D.
23. Annual Hearings:
A. During January of each year, but no later than January 31, the Operator shall file a written
report with the Plarming 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 Oftice shall review the operator annual written report
to determine compliance with the permit and pupate 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 cmective 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.
24. The Applicant shall provide a report discussing different housing options for the seasonal
workforce that utilizes the camping area from April 10 through December 1' of each year. The
report shall explore options for more permanent housing that could include sharing housing with
winter season employees of other companies, agencies, etc. The report shall be available for
review and discussion by the BOCC no later than the annual hearing scheduled for January of
2010.
25. 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 THE PUBLIC EmAR[NG PIIBLISHED IN THE AMEN IMM
WEEKLY ON THE 24th DAY OF May 2009.
uJu�.3
RECEPTION*: 563795, 10/21/2009 at 02:31:25 PM, 6 OF 47,
Janice K. Von Caudill, Pitkin County, CO
ROCCRad —N-05-1- 2009
Pape 6 ofd
APPROVED AND ADOPTED on the le day of August, 2009.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE
TnM WEEKLY ON 9- l0 ' Q s
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
j
By
Jones
Patti Kay - Clapper, Chaff
Clark
Date
AS TO FORM:
John Ely,
Coulrty A
PMN 2643- 161-02 -010 and Case P017-09
APPROVED AS TO CONTENT:
�2.Ir C4
Cindy Houbal,4
Community Development Director
RECEPTION#: 563795, 10/21/2009 at 02:31:25 PM, 7 OF 47,
Janice K. Vos Caudill, Pitkin County, CO
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RECEPTION#: 563795, 10/21/2009 at 02:31:25 PM, 8 OF 47,
Janica K. Vos Caudill, Pitkin County, CO
060012
UL) "ji6
WATER RESOURCE PROTECTION PLAN
Vagneur Gravel Pit — Woody cr"k, Colorado
HgMW SWembW 1, 2006
Prepared for
M&
12225 south 71h Siregi
t wcI ,lu woon, Colorado 81501
(070)242 -5370
pMered by
ttwe Ewa Selenco, U4
Poet ofte BOX 4523
Grand Junc*M, Colorado 81502
(970)241 -1762
M
I
RECEPTION #: 563795, 10/21/2009 at 02:31:25 PM, 9 OF 47,
Janico K. Von Caudill, Pitkin County, CO
ajvU l� 1
TABLE OF CONTENTS
ACRONYMS AND ABBREVIAT04S ........ ... .................................... ........... ................ ...... fi
1.0
INTRODUCTION AND BACKGROUND ... ................._........._....... ........_.....................1
2.0
ENVIRONMENTAL PERMITS & CONTROL MEASURES ..... .. ....... .. ..........
__ .............. 4
2.1
ENVIRONMENTAL PERMITS ........ _ ................................ ......._... ................4
2.2
FUEL STORAGE AND SPILL PREVENTION....__ ............._.... _........................._.._5
2.3
CONCRETE WASHOUT FACILITY .....................»...................... ..............................7
2.4
IMPORTED SOIL ACCEPTANCE CRITERIA ...... _ ....... .. ........ . . .............................
7
2.5
EROSION AND SEDIMENT CONTROL ......... ...... ... _.._ .... _ ... _ .......... .._........
......... e
18
OTHER ENVIRONMENTAL ISSUES ... ..... ... ....... .. ............... . ....................
........ ..... 6
3.0
PROTECTION OF WATER RESOURCES ...... ................ .......... ... .. .........
.............. ... 9
3.1
POTENTIAL SOU RCES OF CONTAMINATION .......... ..... ........ .. ...........................
9
3.2
LOCAL GROUNDWATER AND SURFACE WATER HYDROLO GY._ ...................11
3.3
SURFACE WATER PROTECTION ..........................»............... .............................12
3.4
GROUNDWATER PROTECTION ................................. .... .............................
.. ..... ..13
4.0
SUMMARY..._.. ..... .._ ................................. _ .................... .............. _ ........................ 14
5.0
REFERENCES .......................................... ............. ........ ................. . .................... .... 15
Piaui ES
1 SITE LOCATION MAP ..... ....... .......»......._............................_.............. ............._................2
2 SITE AERIAL.. PHOTOORAPH.. ... _............. .................................... ............................ 2
APPENDICES
A Cerfflm i o of 0swl Afthw d
B &p WOd SON Awdpb w ftft of
C Sol! Snmpnv Prolocd
D Wafwl P�docof
K vM C •. o
Uyti„17., wp I ,.,,....r,..m. /V
RECEPTION!: 563795, 10/21/2009 at 02:31:25 PM, 10 OF 47,
Janica K. Vos Caudill, Pitkin County, CO
vao fur Pt. WMP
- 000914
U,UJ6
ACKoHV" AND ANSKLevuTwNs
APCD
Ak PolNitlon Cor" Owls
asi
Above Ms sea WM
AST
Aboveground atonape tank
8MP
gent marmWmeM pradcS
STEX
Sensna, WkWW a gbgnxarrs, and xylorm
CokxadO Depw1mis t d public Hsam and Envkaxaant
CDPHE
Colorado D"W of Ractamado% irtkikrp and Safety
ORMS
Elm
Elam CoWAhuCOM lrrc
EPA
U.B. Envko Wwto Protection ApMxy
LUST
L*W*q undwWou nd alwa®e tank
MLRB
Mined Land Redematlon Board
otS
Oil lnapecwn Servke
PR
vowmw aravN PR
POL
pouchmn, ant, and lubricant
Remuree Corrtarvaticn and Raoovery Ad
SCRA
SPCC
SpAI Pr mndon Control and COeartar<aaaeurm Pin
SWMP
swmvmw Maro9smsrt Plan
ToW extracWbM Pewm hy*omwb"
TEPH
TPH
Tow pabdam hrhombons
TVPH
TOW voWU pstrdarm hydrocarbons
UST
Underground storage tank
WRPP
Water Resaxoa pmuclion Plan
vao fur Pt. WMP
- 000914
U,UJ6
RECEPTION #: 563795, 10/21/2009 at 02:31:25 PM, 11 OF 47,
Janice K. Vos Caudill, Pitkin County, CO
FIGUM t - UM LOCATION MAP
Ct R Y0r CRWILL R1M
VgrVA -wpm Q 1.810{ /I-
0 OU 0 15
U6'�I�
RECEPTION#: 563795, 10/21/2009 at 02:31:25 PM, 12 OF 47,
Janicw K. Vos Caudill, Pitirin County, CO
1 !1
1.0 INTRODUCTION AND sACMRMND
This Water Resource Protection Plan (WRPP) has been revised end updated for Elam
Conatrvotion Inc.'s (Elam's) VaWwr Caravel Pit (Pit) boated near woody Creak Colorado
ftm 1). The origind W RPP was prepared In August 2000 by OASIS Erridkonmental. Inc.
Elam has been operating the Pk sing IM for the extraction of sand and gravel, and the
production of asphalt and concrels produ^ for road-b"ng and cc -b purposes in
the Roaring Fork Vshlsy.
DuMq Mim's application for St expersrion in May 2006 (Case No. P048 -M. PBMn County
determined that the original WRPP was over* restrictive for current and on -gcing operations
at the Pit. The following document and appendkcas have therefam been updated to serve a
dual purpoes of compM9 all wNfronmenld control measures camera* Wptsmenied at do
Pit, slmV with providng Mem and procedum for monitoring site oondltio+s and pr br*g
local water resources.
The Ph Is kneled in the northeast quarter of Secclieon 16, Township 8 South, Range 83 West
(SbZ PfWCW Merlon), approximately 10 mike northwest of Aspen, Cclorado. The 9&WW
elevedw at ft Pit entranos is appm*ftte* 7.450 fee above mean sea level (ael). The Pk
enoompap" a Stsb permitted area of 104.7 acres tar to +fig operation, of which about
48 sores encompass da active mining anew (known as Phase Q. Elam Is proposhg to expand
their mining operation by about 19 acres (Phase 2) ktlo the to" located directly east -
scutheast at the current Phew 1 gravel extraction area. The w pardon area is IN wititin the
origkW SMWpermltsd botxtda y and Phase 2 mining a 11VItI s are anticipated to last for
approximatety 18 yem
it is important io note that the Pit is not known to be a contaminated site. and mining &*Aft*
take place above the groust Nmw su dscs. The Pit is dry by nature and no doeunented
incidents of surface wralsr or Wourtdwwater contanukaoon have occurred at this kxation during
Sam's operation of the taciiNy.
4K
V.W. Pe -Warp t sq*-6w I.a" 11
RECEPTION#: 563795, 10/21/2009 at 02:31:25 PM, 13 OF 47,
Janice K. Vos Caudill, Pitkin County, CO
000021
RECEPTION#.- 563795, 10/21/2009 at 02:31:25 PM, 14 OF 47,
Janice K. Vos Caudill, Pitkin County, CO
• o0wAs
v G-in L
MUM Z - WM AMAL PMTOOR"M
r A-
i
vymr rw -wprp g s.owne. i, toe 5
RECEPTION$: 563795, 10/21/2009 at 02:31:25 PM, 15 OF 47,
Janice K. Vas Caudill, Pitkin County, CO
LC-O019
C." j 3
La OMM MiMXNTAL PMUMrfi a *0MrfiML MMASURM
P►ot4CVw of" Wk, water, And land Is a primary A st the Pk. To 2W and, Elam
mafnlslns aft reglrlrsd onvkorwnwft fwmlta; maintW4 the neco"" Corskols for PetroWm.
of, and lubritartt (P0�) a w"' and Ilan vokxlyrllp knplsnlar a varfaly of bssl
MNWwaww praasoas (BMPs) to avoid poterriai anvbon ntW fabWn at the fait. These
p►vwrMallve ft*a was era wed to mknfmi=a the potsnyaf for POL spills, to Prevent
sronnwatK polkftx and to pmmg stVAKM VW or growrwtw pow
A dtscuaslorf of the ex(stlnQ arwlrorwrwingf pannit: and the matNoda that are CUT&"
imPlenw*vd st lhs Ph tp oontrOf and mkrimko arnimr nwwef k^Pwt are dsaaibad h »>o
kjWfi sections.
Lt ENMROMMIfru PWWrM
ErwkonmsiW{ )sauce at tt►a PR are rapulshd, and enforced by to pMm Cojrtl
&rriivrll 111"1 f< Na" Resoltroea JEWNA) D,WWbnwo and the Colorado
DeparCllsrrt d Pubile H680 and Dwkwwnent (CDPHE)_ Swd and QmmW a* ft Vwaflom
are r4KMatsd by the Colorado Dtvf W d RlrciermWon, Wniq and S,isty (DRMS lWmXVty
Division d Mhsralr and G80k gyD and tfte Colorado Milood lane Rsdamauon Board (MLIV).
Water issues (irc "* well permit" and water d9ft) are r pWsd by the 0ffroa of the
Stets 610nssr and water DhIskm No. S k' Q*nwood SWVV. The Pft Is not In a Nook or
flood ey area and dose not contain weltands.
E4" Jam maintahs the "'aft permb for the Pff:
> �1Lii@ - Permit No. M- tgeopes (mining oPwst{on)
' t Rasoksfon No. 99-M
10 QOM (- 0 P N
L
eion*97POO (X-8 1 r ea k 9sp0046 emsos) asWs pert
' WMF (W9W MOY Control Dfvlsior) - Pwmtt Nos. COD - 300549 (sand and grays)
gworaf stornwjmw PWFWM and COR- 010941 (asomm Plant)
V....�_,. �G
RECEPTION *: 563795, 10/21/2009 at 02:31:25 PM, 16 OF 47,
Janice K. Vos Caudill, Pitkin County, CO
e6- U'20
Ou0024
RECEPTION#.' 563795, 10/21/2009 at 02:31:25 PM, 17 OF 47,
Janice K. Vos Caudill, Pitkin County, CO
- Permit No. 041824 -FR WwzWjprn W Q
LZ !4!!L STORWIll AND SPILL PIa1n MON
PCL Products d gle Pk are fwWbd and stand in a ray to prevent thwn iron, m WlltV
ow'" Meseta or mow. T)W We. and vWuw. of POI. waduas m m4 at the Pk are
lured In ra table bNow.
AN W Is stand in ebowag mmd tones (We), which are placed In owes- berthed and
lined cw4ffirwwt area. The A$Ts an hapecled arntatlly by the Colorado f3epmvw* of
LW" aria Erne WwWs ON IrApscom aacft (ols). Aq*ak ok Js stored in portabls,
hesied, tm* traflwa. Tarok UkW docxarm* are kept at the pR to dammim roe* Pot
usays and Elam mainwk* a cutterd spit Pmwrjm Control and Cou mnmasuns Plan
(SPCC) for the Pk (dated Augw 2002). Equfpmed {i.e., bsdms, hard toils). labo=rs, and
maNdeft P.O., atssorbeMa) for knpiwnntinp apN owtral me also moday av&Valrle at the PIL
AN Pft ope►aft" one aondixted and mwwi sd lin a manner Vial Ixsvwn Vie rWeaee of
poterrtfaf contmrr nwis or waste mafenWe 10 ttw invkwmenL Fueft of Pk eq*manf is
p formed Only in dssipneted meat away 110M &Owe water or drahepes Wadkq to silo=
water.
TO mkrkntte ins rfek Of a fuel $* the fdawk,o prmedwes an knpfemwrted:
V4~PB_VAUP 8 a.prr„�. foo� /5
030021
rot. STORAGE — Vap wx amm Pftt
POL Produd
t ontWim Number of
Type 7*ft or Capaefty {petlenp sft s mepep
Orris
DW W Fuel • Z
Steel Tank
f
8,000
&000
two
DUsN Ftnel err 2
f3NW Tarifa
2
10,000
Diesel Fuel A 2
f3" Ter;
t
S00
500
Lummiry Oifs
3tsel t7tums
6
s8
E330
Asphak Of
f3ttw Tank
t
25,000
25 A00
QasoRns
Steel Tw*
1
4,000
4.000
AN W Is stand in ebowag mmd tones (We), which are placed In owes- berthed and
lined cw4ffirwwt area. The A$Ts an hapecled arntatlly by the Colorado f3epmvw* of
LW" aria Erne WwWs ON IrApscom aacft (ols). Aq*ak ok Js stored in portabls,
hesied, tm* traflwa. Tarok UkW docxarm* are kept at the pR to dammim roe* Pot
usays and Elam mainwk* a cutterd spit Pmwrjm Control and Cou mnmasuns Plan
(SPCC) for the Pk (dated Augw 2002). Equfpmed {i.e., bsdms, hard toils). labo=rs, and
maNdeft P.O., atssorbeMa) for knpiwnntinp apN owtral me also moday av&Valrle at the PIL
AN Pft ope►aft" one aondixted and mwwi sd lin a manner Vial Ixsvwn Vie rWeaee of
poterrtfaf contmrr nwis or waste mafenWe 10 ttw invkwmenL Fueft of Pk eq*manf is
p formed Only in dssipneted meat away 110M &Owe water or drahepes Wadkq to silo=
water.
TO mkrkntte ins rfek Of a fuel $* the fdawk,o prmedwes an knpfemwrted:
V4~PB_VAUP 8 a.prr„�. foo� /5
030021
RECEPTION #: 563795, 10/21/2009 at 02:31:25 PM, 18 OF 47,
Janice K. Voe Caudill, Pitkin County, CO
ad"a022
0U j�%6
• no POL leaks ptfor Ensure that If tfas bas. property rnalntskted and there me
• Sups V"" a cantnd loeapb., away from ftisr b Wse or oktsr ser UV" areas.
• PosMon equr mwt so VW vak,4 tec piping. Wft or � op fust�aortt p
Proted 111r" dw"ape by MW vd4des or equMpt gr Pa►b are
' V" #W adequate Mandary oorkak mal and aMwbenfa are 0. site.
• Ensure >hat tttas ftsms have bsanO M hoses. . vahnss, eta
bohMsed. Prop" rn@k d and an mmectlons are pmp" semdwy Use • O*W of aprtlaga, USV y 00=%1 ' venti' °r a"y
• and �r pobw of qM jW t " Pmertt operator anyor a# s
s Never leave a fuel trartetsr unattended.
■ Maintain 0eoondary WMkww4 whft
Ag #IRnQ hoses.
• Maftfth drhr0-t M*cllm far art M tabta ASTa.
Shand a reuses be *Mcwd from an AST a drum. or from ovarflrttp, tb fopowing
proosdurea *0 be performed, et a n*jmum;
• fmmadatW nowy tfta Elam ftafty mwwW.
• wow U1*V P"" Psrswrm , to control and contain to
NOW V0 a PW14119 q agenda as r"&*W (Le.. GOPkE's 24 hour
Ord ft Aspen nt+fl Protacdort (MW tx pf pooW t am FtWJn r � E "R DE y
s 0"100 *0 be contested if a robe" of more than 25 paflons ocom from an
• lsalat0 the area w4 twp an uwteo m" We=* out 0t the erea.
• 00010 an Mxopd t0 contafrtar m p eMP the afr11ed nnrterME
• Ptartp or sooap up the Wiwi mmwW and Dry eddWartal contwn raW soli, and place ft in
a container.
• Keep iprtXm smwm and mnbusM*m away from the gAled mat0 W.
• Fhotopraph and dow"W* the spilt respm" aCtivltfa.
in additr% the pk Is a secuW area and net axesaibts 10 tde PutA In orde/ to prevent
amts and potentlat vandaetm. The ontlra Flt w" b bwm0d and the mat road %a0Utp to
Bto Flt is patod and tocdced arj ft nDn,*"**jN hours.
Vw—m -wwp
s o.A.a,.am
RECEPTION#: 563795, 10/21/2009 at 02:31:25 PM, 19 OF 47,
Janice K. Vos Caudill, Pitkin County, CO
COU023
U�j6J2
2.3 CONCKM WASMUr EAGUr1r
t.afarp. operetae a concrete belch plant, on a tamp basis with Elam. within the
bo*xrdary of the Pif. The ptrN has been in oparebw for apprgoc4rMh y 15 yam s. DW6V lea
Summer 2000, Warps oonWudod a f SCW tM provides c«uaMMOM and roue& d weaker
9enraMd from arobym wrmeh buck weshout
The Wft IS wishcad md" Nom concrete and consists of an sprion area for trud*
un"ft two SWWe basins. end it drying am for ft concrete waefwut The Ud ty was
Wneervatiwh des0lied In s00cr� wash -water usage of a rah of 250 gafta per bud*
0,500 ga*. per day, as Mft 30 Wudo per day) and kxrnorate waste at a rate of 0.25
cLbtc yards p w buci* (7.8 c%ft yards per day).
A dean- wafter atMW tank, poop ayShm, and buck4o@ ft rack shows for a dosed bap
$YStem with complete rem of the wash water. The Willing besfns can be aooeped
by a NonFend loader to romove ekx umukW concrete soft that are unkno* n cydac or
landlllted affeite. By using the woOK" %defy, (hare 1e no dher t dsdurys of oottiaste Uu*
washout to the Pit floor.
2.4 IMPONMO SOIL ACCKpTAWy CWMRIA
From time b time. Ham soospte inert soli gerwratad from boat area
*C*4ss. The" soft are SMd9W at ft felt and weI uldmatsly be used for redamalbn
pu►PM& M effort to avoid poterrlral M"NrWAM from fhis ma*dW- a company poky has
been eafabpetred for aoosplirq and samp*V the off_SW soils. Each canp" or tndi4&W
who deAvers sop to the Pit is requbed to Sign Elam's C.erNf➢c 0 far of teen Alfafrfa/(Appencib
A) acv*vwlsdgkV the orWh of said materia! and lack d contamfnatbn. Imported Sop wo not
be accepted at the Pp Unless this cergf aft tee been SOW by a responelble party.
Addtio". Elam has developed /ffPW ed Sa Aa mptrm prctocco and SON
ftlWof doc*enents (revised September 1, 2008 and Included in Appendices a mod C,
respectively). The lrr011md -qc*AcwpW a P+ ftW details which types of -0 mabxiats am
Spacifkxpy excluded from aoppw" at the PC for exwnpb, mintng waste, asbastoe
rrurierlals, solid -astq, hydrocrbon4npaw sods, etc. The Sol Um#M pmWd Wmides
"emal guidance for Elam -$ mu*w sarr* *v procedure for ffn Nnpww soy sbd*ppe(4),
Va~ P,1- WRPP ' �4
S�p�PMCrt t, 700r
RECEPTION#: 563795, 10/21/2009 at 02:31:25 PM, 20 OF 47,
Janice K. Vcs Caudill, Pitkin County, CO
Emm W d p � w4ft "'o"20,000 N* � d
mhn z» a hgno e m itl +Mqh t
of fuara� of OondMOns in ardor M
2-6 MWWK AID #M WnW eq" R
E* mV hpbmw* a & m0"M rr wntlon md. anM ,,, •r ns b
hft WKVW so *-We a. w gw wnw V. ar e.n�s dl ..
r died .,, Ran Pn "raMona
00M+ botch piW*) ter„ Py v ft ft �� M aa" d 8 yrauat mr,r,Q tnd asphaR a
fw tha n>gr/md flarrrai mad° Ols p �ulttlo� Elern WAAft
ads PM and OWNR Aft Annual reports y�sd a COPFi � ) h► aaea is
Dwfamrad of tf+a Pit AM stom�we�er rurroQ)s b'°'cxl°"'
mina yvaler '6 r�orNairMtd anaN� and rq prooaaa water Or
pad 4" pt fharaforo, np ftchVW morrlorfrg ft WOW for ow *ft.
Z* OTHDt OMMURAtNTA! M&AW
A* C4MEl'- Afr gm*wona from Pit OPOFOWns (apps mapha d Oonorab
(AICV)' and w duh from haw roads) oom* wMh CMM Air t]uagy Corarol Oidsbn
(APCD) ropuladp,a, Efant has the naeaaaary APCO p"ft and omfraf Duns in PWM for tlu
Pk *U9 w, and asphait pram
LAMM►ltt- Elam does not pwk m any o"" of aaw wash of to Plt
fairafom Waafa- No hm do w waab k 9wwrbfod Or storod at ft Pif.
Tr*k*W ~Arwrwr*a qowrwm . Every Elan employee racmt w annual
r k*V a+ oft*O manfaf isauas a'*JMp W1V n pmWMIM SpW Arays
'000d haeo.know Womm, and aralon ►aaporaa,
wrrr ns -wnvr
oUL;Oc-3
Gvw+w,, ze.
I
4
RECEPTION#: 563795, 10/21/2009 at 02:31:25 PM, 21 OF 47,
Janice K. Vos Caudill, Pitkin County, CO
000025
UU6UG i
e.d *ROTWTM OF WATMt MRSOalRMS
IM section addresses the enirkoramm cordamktation sourm that coM potentially impact
weber resources at the Pit and In the Woody Crook arse. The proatsst ooncarn is the impact
to "NdprWe ddnkkrg water suppips — tfroes hd vWLq s who rely on groundwater welt b
the area.
3.1 POTSNTML tti0l nmt OF CONTAmnaATm
6wMonrtrertfaf cws*uwft of cmroem at ttte Pit kukrde s variety of t idowbon wnpourxfs
cdgkraprtg from ft an -slkr sbraga and umpe of PM Products; WW musts (a.%, o0dmksn.
cFuarnium. Mad. and sliver) originaltrrg dom wad oft or other mkrhg opsrstloM akxrp+Mllh
ssdimanf and turbidity. water resources poMMtaNbr knpacted by PM cps rations ktckrde surtaos
water and groundwater. The Wonted rlek to Utsss water resources woukt be a siabie POL
(010800 at the Pt with Pamrrti0l petlrmays as grm dwahr hftatlon and overland Nam to
nearby surface waters. Forhmaly, these pathways art protected Rough:
> The ruff cf controls and ep>• prevenloNrosPonse msttrod0 (t.e., makrtenance of ails
security, Mftnmw t of POL. tuelrrg of equOrAM only in dssfg I areas,
adhsmr,m to wo am" prooeduras);
> 86M xxmun ft AST kxaftm and around routes of bevel (roadways) wm* the
Pit
• Contalnmerd of concrete washout
• Erosion prevention and sedkneM conw measums;
• StM morAorinp prograrrm and
• Emptoye0 trainkrg and awarermss programs.
Al of these 13MPs and sr* eeft controls (as dembed previously In Section 2-0) have
been bnOwnented at Elam's Pit In order to proven! or minimize POI, or other po10MW
a mronnrertW oontamkwrte, from waoft eudwo wets(or groundwater pathways. BoyoM
to permitted b=Wwy of darn's mkrirq opersttan, Bien an rnyried ammm of corrta nhdion
that haw the ability to affect aurface water and gromiwater suppwa in the vi aft of woody
Creek.
Vmgr Pft -wnPP a s.p..e.. 1. no o.
RECEPTION#: 563795, 10/21/2009 at 02:31:25 PM, 22 OF 47,
Janice K. Vos Caudill, Pitkin County, CO
"IJJ26
0 U&j'o
no temp I'm presents twAicarrt pobn" Sources of oorgamirw ou . and general
canPae+ds at corwwn, in Colorado (CDPK 2000).
" chornloai / Petroleum TtetraportaMon and Storage (pi Whw fuel tw* farms) -
' (F�s.)Tsrminala -
• FW / Thi rs�aind (orgarrk s, inaganles)
• tn)ecHon Waft. (orgarrtck irorpanics inorgenbs)
• tend Dovsbparont - (orgerriee, kwrgantaa, iurbidll)r)
Maohlno / Mainitrra m / gapeir Shope - (OrQAnloa, kwgwj xr mtftjo)
nkrp (40*6 and i1la*m) / Mlpnp - (orgw*@, kwpanlM mdwucldaa)
Staaga T� (( ix( ng / m ore"). c��. M&Vv x)
• Superfu d Sims - (orpenks, �)rn - (o►gr+bR lnorpenics)
• Arta- (mot, iIM)
• Goff Course and Parks (01WnkmDtwtl = appkm&n) . (orpnim +norganica)
• Lar4b / tau"m (w" and nbWO) - (oWfto, kwWnlc., mkxobiaq
• Wads Tramtfor Statimra and Rsoyeft FacW$s (W. munld m1 / obis) al !
hazardous watts) - (agarrica, kroMorks, mkmblel)
'
S" ft Systems - (mkrobW, inorganics)
" W) Corridors (Iranspon of hazardous matsrlelt) . (oryff, Mo►panics,
• UtWY Stabont (substations, poww Plants. alc.) - (agenlcs, kxwgw ce, radiorMcW")
• Wasiewalar Traahnent pleats - (mkxobad. kwgw*:s. orge W)
• CanVWc std) and Rat Aron (sepk sys" . (M&M*W, kKwgmm)
• Ani"wd Fasdkrg Opa►aft - (mfaobprl, kwrgw*x)
Cr (� appcan) - (orgwfs. inopa) •
Storage FsoNkft - (orMica, teorpanka)
It should be understood that most of thee. aftrdes occur for have oommed) topographicaity
upgradem ham the Woody Crook town slte and E ws pM.
Accordny to hkW madom obtained from ft 018 in 2000, More wan 180 ngismred tank
facil n (both AST and UST) In PM h County with 109 doamer4ed l mft UST (LUST)
silts. Of theta, tour LUST ttfa were rifled in Woody Croak (Le.. Coaatodt Ranoh. Jon
pelves nstdanoe, Pitkin Iron Corp., Rhrar Bond Apartments). These are doaunentad pr3L
rartatat wtlh 013. It Is mmwonebie to assume That numerous unroghtared USTs/ASTa also
v.rrwrr -wmw 10
P3
RECEPTION#: 563795, 10/21/2009 at 02:31:25 PM, 23 OF 47,
Janice K. vos Caudill, Pitkin County, CO
L..QAU27
ax* at bqd renchm and PdvMO MSWNIM, for storage of heating oq anal molorwahick
hrals, Skxv with un POL releases.
In addlbur, there are known septic system fafhsea (l.e., Woody Creak Tm&w Pak) in the area
(Dunlop, 21000). All of these exempts corttamkttttion awrm did 4bme haw the
P**ft m bnpast IOCSI water rammepe and p jb8Q*W * t r
3.2 LOCAL A110UNDWATIM AM SURpAC2 MAT" M1f MOWOY
The P1 IN wlftin a thick deposlt (ayproxk"M* W430 fast) of r @r 9avgb. formed as a
terrace durlrg Plele1ccerts.a9s oulwash, w kh le WIXOR ed On lop Of a bedrock layer of
UPpsr CretaOeous Mars Shale (t,`hen, t973). Groundwater is currently used as a drWckq
water scarce In the Woody creek area. However, water guaflty and guanAY clew tar Plddn
Co"' and the Roarin9"Valtay, Is 6*W antqualsd (in exom of 20 years), wwomPNAS.
or in it tam not easily understood (per 2000)_
The rtaerest PerennW surface tvelar body in the vigrlRy d gm Pk is Woody creep. tlowin9 in
a soulMaat to norfitwast direc5on, locsled add to Bte northern Pit boundary, "n9
aolivitNe are saperaled front Woody Creek by an undIambed Mp Wrmdmi* a0 feet
GbM the Greek flaw f rte. The Roarkp Fork Rhrer (fbwta9 In a eoulh to north direction) is
beatsd SPWQ*nueiy I AM teat WW d the Pit boundary. AddfBort*, en urmaned,
bttsrrriltlertt stream k tOCaled aforg the east bourxlary d the PVPOSW Phase 2 G*Grwbn
area, tk>wig to tits nGM into woody Creek.
Surface water is krlOMrt to omaeionaly pond In the lowsd patlon (lopo9rapfYoefly) of the
Phase 1 Pl. The Pond bottom elevation was measured at approxknsQeiy 7,345 feat awl durUg
Summer 2000- The source of the standing water has been determined b or4kU to from
precipks m and IM980m runoff. In 0atobar 19". Elam carrtrissloned a surface
warerfiydroWe study to turther Valuate ft stertdhtg water. inns study compared surfew
water inflow (praciplefim and iMgadm wastewater) 10 the loam due lo evaporation and eof
percofatbo rates at the Pit. The Pit receives eeasonM nrrtoff from brigated lands located
upgradmd (South and 499 Of Mte ells). The report findirgt Wgcels the free starxlrg water
may occur In the PIL w"h ft ShmWon varybtg depends upon the time of year (Af0.1 M).
The greatest aocumutnUm of surface wafer occurs In the lets SprfrWa" summa► month,
when trte PR mcsivee Aeak flow from te&nal artowmet and IrApo m runoff. In addidm tine
vwi— N -wrwp 11 a.ay.w..1.2M p f
RECEPTION #: 563795, 10/21/2009 at 02:31:25 PM, 24 OF 47,
Janice K. Vos Caudill, Pitkin County, CO
Pit In ft >� a Duane sard ertd praysi maronsi WW atx:euwutatlon of fins sedknent is m)nWW
Elam has an on.aha Wmn&vaw Map st Mu Pk, Pamrkled for ktdust W and won
Au►P�ea. The AN (48 feet 10W ) is bNAW in the norlFtaag Oon»r of the property, Haar
Woody Creek. at a aurfaa elevedm of 4PPn>sa DO* 7,384 tact eel.
s.a sutaAcE wam vR0T+aaTt0W
A$ dboueeed
ed in Seaton 2.6. arooM pmvanlfon and aedrrtartt M*,W me4euM wE be
k►
bM doy of the propotsd Pheee +Pp, to ttte ktlan MeM drainage found aforq the asst
to � *_"V m� �'MK Thee mesums wibe tbed Wxftn
in order to IN the Heard b add mioimizo
dskm Arm me � and . kwhxW 1* k� of . bemta. ardtr sa
water or mine water wig bee' aR wsler rurrodf b contained 0nWW and no pronss
oduvUld at the Pk. Ekm wR comply y ab terms d oortdttfOns
of Omh dory wAder Pern-ft and SwMPa.
EMM has W1006d several ""Pbs of Ponded water in fomw portion of Ste Phase t Aft
2000. The ear om were laDoredory, anaryrrd for Tow Petrokam Hydrocpr
) y (EPA) Malhod 4181, wd a ro�ctabe web Of PMMbU , hydmcWom in no ampbe. euRs i^^9
Elam Plane to cm tkwa monmwkv surface water at the Pk to ensure fast Pobmtiaf wrOw We SAw and bp"( *Oab o^1 OV metals) have not MOVed
Ws. Sampba elk be odbgad om s ,,, water la
ava0aple. on a monthly bash. Each temple wV be submiew bo a 9UWW
wry. The samPlae wkf be C0ft0c1ld either try an a" Offo" or thei
des WWod a nvkortrrterttaf ProTaaaionat. The surface water aampWV Procedure it ouUfrted in
V* attached Wdter$ Fh%0ocf (Appwxft D).
Yv.w -wwpp
Jot
12 •-
`J
RECEPTION#: 563795, 10/21/2009 at 02:31:25 PM, 25 OF 47,
Janice K. Vos Caudill, Pitkin County, CO
000029
- '.
U UUQ
— - J
i
3.4 MOUMMAIM PMTECTION
El m'a propcesd Phess 2 ngreneiort *M Ceti for Ihs boric' of Itw PYt exofwatton to 'M41"
st twat 2 teat aN"" uppermost, u , s tMW "ff diytr qWw wWgdft the
sits. This wit stsu' that yroun0,grpr is not strposW risk mirrlrtp and Med sV potgMW for
ad's" "'Idw-Qwi{tt► hPUM IS mom. Ths Pk k bUnded b be "dry': therefore, no
ttrm o "' Psnags have been VOW tor, or issued by Dte Stall.
In the ever* Ihst grourtdMrsyr is Ocposed, Gem hes a sys*n in Place b MW9M pMnttd
knpwm Gamy exonvemn Pwoonnsl wof be requked b roft the on-ab tw ty 014r>9sr of
ttw won lrrtd C"M rtat M nearby dill msesrlei WM b nsdta* be Lead to oaver (with a
fMelatsa of not Isse than 2"the exposed pr=Avder. Nemsery owmctt w b the Pit
Survey acrd Q'drtp Mate wN aft be made in order to avoid addtlmW sr>oounters whh ttn
groundwater surface.
go
VvW -wnrr
is
s-..a�,. nor
RECEPTION#: 563795, 10/21/2009 at 02:31:25 PM, 26 OF 47,
Janice K. Voa Caudill, Pitkin County, CO
4.0 SUMMARY
i=1am I$ confidant Meat its mtr" opSratgn at the Vag"m Gravel P1 posts a n*d throat to
walsr sources In Me Woody Creak area, The progdwu and =*ob implSrnantad at the
Pt to auold and prevent acddantd r bum at POI. and aim poyralai wwbonmww
caraaminanta are proven to be eflSCbve and meat (or axoe" au arrant feakbrY
requlransnb. Addlkwgdy. Sant has adopted prokwb for aoo"na and swakrfy Sous that
obroupt* to the Pit forme reuse h mkmmbm aglvSea. N a fwp�ar, v UV4y method
demcnetrattrp OnvIturvoonid compliance, Elam vA continue 10 rotgvwy monitor the
seasonal se water quality iR the Rwaa 1 PM a "wNh the on-eRa s..mon i0ita.
i 009rsft ft Pk In eocordwm wM aM aiRew OnWmrxrmmU pam+ys 8 "Aeons 04 by
'lion P'�e "Pkk Ad In Secadt 2.4 of this WR PP, 61am is
oonfldarl 1116 the toot surface and Vowldwabsr reewM wM be auffidw* p olgo W. Elam
VA C" in the ragr� �a Rspmt
may to PlOdrt
Va~ Fl - wwr
0009s'30
uJu�1J
Ila
14 ftow*& t' an 01
RECEPTION#: 563795, 10/21/2009 at 02:31:25 PM, 27 OF 47,
Janice K. Vos Caudill, Pitkin County, CO
0OUO3.1
v,i'�15
&A WOMWAMAS
AAled lndspendwt Co mdj& % JAI" 1009. Surface WaterlMydroiopic ftw for go
Lip" f Proparod for Elam ConstructIon. km Grand Jurrctiort. Co.
Bryant. Bnm 1 WM. G60AW of the Atprn 1t3-r kvb . pM, 4W Gt rdson
01009 Cabreds U.S. GeolVW Survey & Awn 1073.
Bryant Bruce and Mar ft PG W. 1970. 77w Geofoptc 9hry of the Aspen ifsgron - tiff
GAICAM and Abafar. U.S. G*0kV cql Survey B dim 1600.
Chen Inc 1973.GeWWGedbyan&,Mub4A OWy CM Pkh coa Lobado DeyW. COath 7poeMe
.
Cgober.
Colorado DsPwtm tof Public HeM and EmkanmsM (CDC. 2000. Sown" Wale►
md Rv>acarorr ProWarn Plan. water Ou ft Cwftd DMaion. Denuhr,
Cebraft Dunlop. T.S. 2000. Growth frnpacta on WaMr�
to to PAW County Board of Conmtlaslo , A�4 •mmrcttrandum
Grog L Mdd and Apocistea, 2005. Vagnaar A7 PsrMiy PNdn
Cdlornda Prepared for Elam Cmatrt dkh-. Ino. Parlrer. CO. drm
OASIS ErwkerhmerhK Irm 2000. Water Aesotras Protection plan; V8Www Gravel Pit -
GMk t:obada Propered for Elam ConeVucHon. tnc�. Grand JunoWn. CO.
13
aWW*Wt.sm �8'
RECEPTION #: 563795, 10/21/2009 at 02:31:25 PM, 28 OF 47,
Janice K. Voa Caudill, Pitkin County, CO
000332
CERTIFICATION OF CLEAN MATERIAL
RECEPTION#: 563795, 10/21/2009 at 02:31:25 PM, 29 OF 47,
Janice K. Vos Caudill, Pitkin County, CO
OCU1333
CERTIFICATION OF CLEAN MATU AL
EL AM CONSTRUCTION, INC.
VAt3NEUR MAVEL P1T
Piddn CO". Colorado
t,
(Name of Catapaay or jackvkhw
. do hereby catifp. dw to the best of
'Y knowledge, the itWOmd material being dellvetad to the V Vmw Oravel Pit is ckaa
and roman no known toxk or hanudous sabataacea (or waa m).7U imported taa'I..
(Name or L.ocntfoa of J vidual Job )
i. also ac (Nam of that Should should nn
to* Or bmrdons y � 3ndividnal) Y
delivered to the V (or wafts) be discover6d eonotined w hW any material
agtteur GmWj Pit througb am operations, said
1intited to ble for a!1 activities cftomd butdwl
°gwpnmt mqubm d to perform mamw
aampliPSAw my and cleu * transporWim and proper deposal of contuaimod
matWW at as approved facility.
71" "11 thaw be mWeWd by the abo
oa a job or project- tpecifie bruit fa cm of tracki to �� Con War LKtiyi la
Coosu wdcm, lac. Rekr alto to 1114m's ImP01 ed Soil Aermontt s Pr P ®atrs
September 1. 2006 for addidospd information, prance Protocol dated
13Y:
Name of Compaay Date
SiYaature
Printed Name ,1,ide
36
RECEPTION#: 563795, 10/21/2009 at 02:31:25 PM, 30 OF 47,
Janice K. Vos Caudill, Pitkin County, CO
IMPORTED SOIL ACCEPTANCE PROTOCOL
U U'U; 0
RECEPTION#: 563795, 10/21/2009 at 02:31:25 PM, 31 OF 47,
Janice K. Vos Caudill, Pitkin County, CO
ELtM CONSTRUCTION, INC
IMPORTED SOIL ACCEPTANCE PROTOCOL
VAGiNEUR GRAVEL PIT
Pitidrr County, Colorado
Revised September 1, 2008
Elam Construction, Inc. has been accepting Inert soil from construction related activities
in the area of their Vagneur Gravel Pit operation at Woody Creek since 1987. In order to
assure the property remains free from contamination of materials deemed hazardous !o
the environment, Elam has developed this company policy that establishes acceptance
criteria for Imported eon:
Elam ConOuction, Inc. will not accept, under any condition, material that knowingly
contains:
• Hazardous substances or wastes (either Noted or characteristic).
• Free liquids or sludge.
• Solid wasto (e.g., tires, branches/logs, appliances, electronics, scrap
woodla". domestic rub)ish, construction debris other than steel tree
concrete and asphalt nibble suitable for recycling, etc.)
• Biomedical or infectious wastes.
• Petroleum hydrocarbon or antffreers contamination.
• Heavy metals (e.g., cadmium, chromium, lead) or miring -waste
cw taminntW above background levels.
• Radioactive materials or mill tailing$.
• PCBs (polychlorinated biphenyls) or pesticides.
• Asbestos or asbestos - containing building material (ACM).
'00035
UUU'J01'
To insure that all the material, delivered to the facility from outside areas Is clean and
inert from the above Noted items. Inert hftVrW, as defined by the State of Colorado
Division of Minerals and Geology Is `non- soluable and non- putreacible solids together
with such minor amounts and types of other materials, unless such materials are acid or
toxic producing, as will not significantly affect the Inart nature of such solids. The term
Includes, but is not limited to, earth, a", gravel, rock concrete which has been in a
39-
RECEPTION!: 563795, 10/21/2009 at 02:31:25 PM, 32 OF 47,
Janice K. Vos Caudill, Pitkin County, CO
000 "36
� X40
hardened stale for at least W4ays, masonry, asphalt paving tmgmw ts, and alher inert
acids. Therefore, the following procedure Is Implomented:
t. The Indvldud or company delivering material to the VaW*w Caravel Pit is regaled
to sign an of k avtt certifying that the material is: dean and inert, along with the
origins" source of the material. This affidavit shall be god out on a job- or project-
specific bads and submitted to Elam's Woody Creek ofAos prior to defivery approval
at ft Pit (rotor to @tam's OwMeadw of Clean MakwiM. For example, multiple
badddeilveriss may result from a single project or job sloe; however, only one
CertffiCation of Clean Material would be required for the project hauling duration.
2. During the sto"U ng process, to f dAW manager. and those Individuals who
operate the stockpwlg equipmwL wM conduct constant visual and olfactory analysis
of the deilvered material on a trucko-by4ruck baste. At a minirnurn, the visual
evaluatlon vAN be ufllized to Identify the presence of any dalned/dacolored sills (an
Indicator at potential hydrocarbon ooftmination), hazardous substances. or other
solid waste.
3. In the event that oontaminated material is suspected, all work In the Immediate area
will cases and a quaiffled Individual or company will be contacted by the Isciny
manger. The contncied qualified kWNkW vAI be responsible for developing and
Implementing a sampling procedure for the suspected matetlal. Mould the
preliminary tests show positive for contaminants of hazardous materials, the
quallfleed individual shall prepare, supervise and Implement a Remsdlation and
Disposal flan conducted In accordance with the requirements of the governing
regulatory agencies.
4. Elam reserves the right to reject Individual loads of material If contamination is
suspected, or P the squired CerttiliraHm of Clean Material has not bean properly
f0ed with SwWs Woody Creek office.
F7 0
RECEPTION #: 563795, 10/21/2009 at 02:31:25 PM, 33 OF 47,
Janice K. Von Caudill, Pitkin County, CO
000 01 37
J41
APPENDIX C
SOIL SAMPLING PROTOCOL
RECEPTION#: 563795, 10/21/2009 at 02:31:25 PM, 34 OF 47,
Janice K. Vos Caudill, Pitkin County, CO
) : .
UU'Ud .2
ELM CONS7111MON, INC
SM SAWPLM PWr=L.
VAGNIEUR GRAVEL PIT
Ptddn Co". Colorado
FWAsed September t, 2008
To insure that Vagneur Pit soil stockpile semplms are properly collected, handed
and ana"W' Elam Construcilon, im (Elam) has implemented the following
protocol, Composite samples will be collected from the Wl at00kpi1e Us"
decontaminated sampling tools and fowawtng sWawd protocd for envlronm"W
sample collection and hanOV, as described below.
t. Proper sampling equoment Includes: stainless -steel spoon and bowl,
latex (or NKft) gloves, laborotory-suPPlW pre4"AW'ampleJar*-
aarnple Jar labels, pen and tltld "book. laboratory k:haln- 01custady
(COC) lama. and pre -daw doter (uskl Brae ice. or swftw,
2. All non -d Vcmble sampling equipment wP be dscoMamk*W before
and aft sampling. Decontamination of samping equtprrbrq WIN
consist of washing with non- ptw'pheoe soap (such as equinox' or
Alconox*) and rinsing with darted water.
3. At least one oompostie sav*@ will be taken for each 20,000 Coble
yards of soil accepted at Elam's designated albs within the Vagneur
Gravel Pit At a minimum, one ckxnpasge son wangle shall be taken
quarterly from the imported soll stockpile. As an example, a compost
sampis will include collection of soil from at least three separate
locations within the stockpile (3 spots), collsettad in equal proportion
using ft stainiess -steal spoon and bowl. The kxrllscted moll should be
homogenized p.e., ardbciardy mixed) In the bowl prior to final
plaoement In the sample jar.
L6661�01
X71
RECEPTION#: 563795, 10/21/2009 at 02:31:25 PM, 3S OF 47,
Janice K. Vos Caudill, Pitkin County, CO
t :318-
4. The sample collection date and time. sampler Initials, and requested
laboratory analyses will be placed on the sample jar WW and chain -of-
custody (CoC) fomr.
S. All samples wM be placed in a coder Immediately after coNecdon and
the inside cooler tempsrattue shah be maintahW at or near 4° C (39'
F), until delivery to the analytical laboratory.
8. A field logbook vAN be maintained to document all sampling activities.
and all field rotes vAN be entered In permanent M. The log sheet shall
contain the following lnhxmatlon: collection date and time, sampler
InN9aia, and comments
7. Each soil sample will be submitted for laboratory analysis of the
following parameters, on a standard tum -around basis:
M LY M
METFf
Total Recxi+,ere petroleum HvdM=dms (MPH)
EPA 418.1
Benzene toluene ethylbenzene. and Werm BTEX
Total RCRA Metals
EPA 8021E
EPA
700 8000 &
7000 series
8. The soil samples will be submitted to a 4uaWfad testing laboratory via
hand deflvery or overnight courier (i.e., FedEx).
9. Records of each sampling event including the CoCs and laboratory
report forms, v a be maintained at either Elam's Grand Junction or
Vagneur Pit offices.
10. in the event that obviously contaminated soil (unusual dark staWng or
dscokwafbn, petrois m odor, or solid wastes) is Identified during the
sampling process. ail worlt In the tmmadiate area will cases and the
facility manager will be notified.
an 2 36
RECEPTION#: 563795, 10/21/2009 at 02:31:25 PM, 36 OF 47,
Janice K. Vos Caudill, Pitkin County, CO
Fu,40
11.Maly6cad laboratory results wIY be omparod to current State (or
Federal) standards for allowable petroleum hydrocarbon andlor metals
levels.
12.Questlons about this loll sampling protocol should be directed to the
Property ghrtsion Manager in Elam's Grand Junction ofte (970.242-
5370).
31
RECEPTION#: 563795, 10/21/2009 at 02:31:25 PM, 37 OF 47,
Janice K. Vos Caudill, Pitkin County, CO
M -041
t)Jv�J
APPENDIX D
WATER SAMPLING PROTOCOL
RECEPTION$: 563795, 10/21/2009 at 02:31:25 PM, 38 OF 47,
Janice K. Vos Caudill, Pitkin County, CO
000942
EL.All! CONSTRUCTION, INC
WATER SAMPLING PROTOCOL
VAGNEUR GRAVEL. PIT
Pititbl County, Colorado
Revised September 1. 2006
To insure that surface water in the Vagneur Gravel Pit has not been adversely
Impacted try mining operations, Elam Construction. Inc. (Elam) has Implemented
the following protocol for sampling surface water Impounded within the floor of
to gravel pit. Samples will be collected from the Impounded water by Elam
personnel utilizing the proce lure dsecrbed below.
1. New, disposable gbves (el9w latex or nitrite) witi be donned before
sarrolins
2. The water sample will be collected by slowly I rnersing laboratory-
supplied glass bottles andbr vials in the water column, approximately
4 to B inches below the suAace. If possible.
3. 0 the glass bottles and/or vials contain Iaborabrpaipplied sold
preservation, this material shall not be allowed to flow from the
container during sample collection.
4. At least one surface water sample will be collected monthly when
seasonally present In pit floor within the Vagneur Gravel Pit
S. The sample collection date and time, sampler Initials, and requested
laboratory analyses will be placed on the sample jar label and chain -of-
cuslody (CoC) form.
,• 0 ,
RECEPTION#: 563795, 10/21/2009 at 02:31:25 PM, 39 OF 47,
Janice K. Vos Caudill, Pitkin County, CO
MIN
vUGJ47
8. An samples will be placed In a pro- cMllad cooler Immediately after
collection, and transported immediately to the selected analytical
laboratory.
7. A field logbook will be maInWned to d=Hnent an sarnpllrrg aciivitles,
and &I field notes will be entered in permanent Ink- The by sheet shall
contain tie following intormallow collection data and time, sampler
Initials, and comments.
old. Each water sample wig be submitted for labrrapry analysis of the
following parameters, on a standard turn -around baslx
Y80
METHOD
TOW Pam' 12 PHI
EPA 418.1
Ben:ane plume and
EPA 80211VIRM
Total ACRA f, 09l
EPA 200 series
9. Tha water samples will be submitted to a qualified testing laboratory
via hand delivery or ovemight courier (t.s., FedEx).
10. Records of each sampling event, including the CoCs and laboratory
report tams, will be maintained at elther Elam'e Grand Junction or
Vagnsur Pit offices.
11.Ouseons about this water sampling protocol should be directed to the
Property Division Manager In Elam's Grand Junction office (970242-
5370).
2 �V
RECEPTION$: 563795, 10/21/2009 at 02:31:25 PM, 40 OF 47,
Janice K. Von Caudill, Pitkin County, CO
a agff 4 -
CxL-' .
SOUND LEVEL MONITORING PROTOCOL
ELM CONMUCTION, INC.
VAONEUR QRAVEL PIT
WOODY CREEK OOLORAW
JMY, 200(1
• Fill in name of peon Wfonning mooilaing aid date performed
♦ Describe wathar conditions — (cl ear, partly cloudy, ovwcm eta) loclude empgratum
wind speed and direction — This can be obtained from the internet ( Myr.weathefrorn)
for Aspen. CO. or from the Aspen -Pkldn County Airport automated wadw observation
at (970) 925 -9168.
♦ Description of pit activities. Describe thick activities — heavy. moderate. Light, or none;
operation status of crusher. asphalt and Comm plant - continuous, intermittent, or not
Ong.
• Confirm sound level meter calibration. This should be performed eacb time monitoring is
performed. Calibration shall be per manufacturer specification.
• Recording of sound levels
• Determine location to be reaped See Site Specific Map, or identify alternate
locations on monism tam Sound levels are messored as close as possible to
property line.
• Turn Sound Level Meter on LOW and 'A' seek
• Hold mown at chest fevd (this will allow ft noise level to be mSistered nearest
the monitor's ear and still be able to red the meter), point the ureter towards the
noise source within the pit. Allow noise reading to stabilize, this will usually
require 15 to 20 seconds, or longer depending on weather conditions.
• Record maximum sound level in dB(A) on form.
• Record time that each individual rat was performed.
• Include any additional comments that may be relevant (example: may be iocresae of
background noise that does ant originate from the Vagneur Pit. gusty wind, etc.)
• Frequency of monitoring:
• Initial startup or mkior adjustments to equipment and/or operations — monitoring
shell occur on a weekly basis for four (4) consecutive weeb.
• Normal operations (beyond initial s t" or adjustments) — monitoring shell
occur on a monddy basis.
• Sound level aaonitaing is not required during months on non- operation (winter)
♦ Noecompiiattce of maximum allowable sound levels
o 'the Special Use Permit for the Vagnor Gravel Pit states a maximum allowable
sound level of 55dB(A) at the property line.
• Determine basis for non-compliance. if soufce of sound originates from gravel
pit notify Aspen Area Manager or Sham Property Manager.
• Increased monitoring (daily for 5 consecutive working days) is implemented to
confirm possible noncompliana .
• If noncompliance is confirmed through daily reports, coravdve action must be
taken to bring operation into compliance with maximum allowable sound keels.
r '
RECEPTION$: 563795, 10/21/2009 at 02:31:25 PM, 41 OF 47,
Janice K. Vos Caudill, Pitkin County, CO
000045
SOUND LEVEL MONITORING REPORT
ELAM CONSTRUCTION, INC.
VAGNEUR GRAVEL PIT
WOODY CREEK, COLORADO
Monitored 8y
Weather Condillons:
Wind: Dkoction Speed
Description of Pk AcMes
Deb:
Temperature
Sound Level Meter Callbrativn Chocked: _ yea _no
General Comments:
RECEPTION#: 563795, 10/21/2009 at 02:31:25 PM, 42 OF 47,
Janice K. Vos Caudill, Pitkin County, CO
ELAM CONSTRUCTION, INC.
VAGNEUR PIT
WOODY CREEK, COLORADO
SOUND LEVEL MONITORING LOCATIONS
sm 11. C~
GQ0 46
��LJ5�
I
w�� prp 1
10
II
11-2
_ ._ _era oww naar a.lw
fwna rw.ai ra.
I
w�� prp 1
10
II
11-2
RECEPTION#: 563795, 10/21/2009 at 02:31:25 PM, 43 OF 47,
Janice K. Vos Caudill, Pitkin County, CO
A�81 CaHlsrrtucTW sic.
556 Strudlere Avenue
Grand Junttbn Colorado 81501.3828
(970) 242.5370 FAX (970) 245 -7716
August 27, 2009
Mr. Mike Kraemer
Pltkin County Community Development
130 South Galena SL
Aspen, CO 91611
RE: Landscape Design Map for the Vagneur Pit. Parcel I.D. 2643 - 161 - 02.010.
Mike,
As directed by the Board of County Commissioners during a hearing on August 12, and Incorporated into
Condition 22 of the recently adopted resolution, I have had a landscape pion prepared by a professional
landscape architect with the firm of 1BK Landscape, Inc. This plan provides for mitigation of the visual
impact due to removal of the hillside within the Phase 2 mining area. During the design of the landscape
map, careful consideration was given to gaps in the existing trees between the Braun residence and the
Phase 2 expansion, which were identified in the Lewicki and Associates report dated August 2009.
Attached, for your review, is a copy of the Landscape Design Map along with a plant list with a
description of the plantings, quantity, proposed size at planting, and the mature size of the plant
material.
Once approved, Elam will solicit bids for supplying and planting the material according to the plan.
Although we would like to commence work yet this fall, the planting schedule will be driven somewhat
by availability of plants and scheduling to perform the work. Elam will commit to complete the approved
landscape plan by the end of 2010. Please keep in mind that the landscape contractor will have
equipment on she necessary to excavate areas to plant the trees. This equipment could include, but not
be limited to a backhoe, dump truck, water truck and a tree spade. Any excess material from planting
the trees will be removed from the new landscape area and placed within the Phase 1 mining area.
Finally, should any of the plants listed be unavailable, a similar plant may need to be substituted. This
substitution will be done with the recommendation and approval of the Landscape Architect, with
notification of such provided to Community Development. Any plant substitution will not decrease the
number of approved plantings.
Please contact me at (970) 242 -5370 or ¢ avle.lyman@elamconstruction.com if you have any questions.
Subm ed By:
Gayle L L an �� / %7 /•,��
Prope sion Manager
enclosure
UULiJ51
RECEPTION #: 563795, 10/21/2009 at 02:31:25 PM, 44 OF 47,
Janice K. Vas Caudill, Pitkin County, CO
00Nnn=4;114C.
556 Struthers Avenue
Grand Junction, GO 81501 -3826
(970) 242 -5370 Fox (970) 245 -7715
September 9, 2009
Mr. Mike Kraemer
Pitkin County Community Development
130 South Galena 5t.
Aspen, CO 81611
RE: landscape Design Map for the Vagneur PR. Parcel I.D. 2643- 161- 02 -010.
Mike,
Based on Staff comments, the proposed landscape Plan has been modified to remove the Saskatoon
Serviceberry and Native Chokecherry and replace them with Rocky Mountain Maple and Curlleaf
Mountain Mahogany respectively. Please find attached, a revised plant list and Landscape Design Map.
Please contact me at (970) 242-5370,1970) 260 -9902 or itavle.Yman elamconstruction.com if you have
any questions.
Subm' By:
Gayle L�' anGGj'�
Properfy Division Manager
enclosure
RECEPTION#: 563795, 10/21/2009 at 02:31:25 PM, 45 OF 47,
Janice K. Vos Caudill, Pitkin County, CO
Jbc
JBK I�tidtcape, ]nc.
12-50 South Chambers Road
Aurora, Cnlnrado 80017 Plant List
(303)751 -0192
Fax (303) 368 -1509 Elam Construction
Vapeur Pit Mitigation
911,
Cgranwal NEK Proposed Size
Mature Size
5
Narrowleaf Cottonwood #15 / I cal. (10 - 12')
Height Spread
- Slender branches form a dense, upright oval to a pyramidal tree.
30 - 50' 20 - 30'
Will sucker in most situations. Long narrow, willow -like leaves
are bright green becoming rich yellow during autumn.
12
Aspen #10/ (10')
- Slender, twiggy branches create an open oval tree that often suckers
25 - 50' 20 - 30'
to develop dense colonies. Waxy, white to greenish but is smooth
becoming brownish -black as it matures. Green, triangular leaves
rustle in the breeze. turning golden in the fall.
9
Ponderosa Pine B&B 5'
- Long, slender, light green, often yellowish needles are loosely arranged
60 - 80' 30 - 40'
on open, spreading branches to fora a large pyramidal crown. The
plated bark is cinnamon red to dark brown. Broad, ovoid cones are
shiny, reddish- brown. and prickly.
9
Colorado Spruce B&B 5'
- Deeply grooved, grayish -brown bark and stout horizontal brandies
40 - 60' 20 - 30'
clothed by short, stiff needles ranging from green to silvery blue create
a dense, broad pyramidal conifer. Oblong oval cones are pale green
ripening to light brown.
14
Rocky Mountain Juniper #15 / 51/2 - 8' 6' avg.
- A pyramidal to upright rounded juniper with stiff spreading brandies
20 - 30' 8 12'
and shredding, reddish -brown bark. Scaly foliage ranges from green to
gray. Globular, waxy, dark blue fruits consist of a sweep mating pulp.
7
Rocky Mountain Maple #5
- Smooth ashy -gray branched and five -lobed dark green leaves farm a
10 - 20' 10. 15'
a small tree or large shrub with an upright, oval crown. Fall foliage turns
rich yellow with rose highlights. Winged seeds turn green to rose during
late summer.
9
Curlleaf Mountain Mahogany #5
-A large shrub or small tree with a toose, rounded habit. Small, narrowly
10 - 25' 10 - 20'
oval leaves are a dark lustrous green, curling inward when extreme drought
conditions exist. Steak cream to yellowish flowers in early spring produce
seeds with curled, feathery tails.
=Mature sizes and descriptions based upon information provided by Little Valley Wholesale
Nursery.
PW 1229
6uG Jb3
Is
RECEPTION$: 563795, 10/21/2009 at 02:31:25 PM, 46 OF 47,
Janice K. Vos Caudill, Pitkin County, CO
0.
U054
RECEPTION #: 563795, 10/21/2009 at 02:31:25 PM, 47 OF 47,
Janice K. Vos Caudill, Pitkin County, CO
000055
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 1 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 '/ 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 ° 18'3 8" E 409.3 6 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 034'00" 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
ENNEENWA
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
250.00', 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
A parcel of land situated in the SW '/ NE y of Section 16, Township 9S, Range 85W of the 6th
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 1/ corner of said Section 16 bears N 20 °10'08" 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 634.37' 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 2012 2 2643- 161 -02 -010
INDEX MAP
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uu� Vagneur Pit June 2012 3 2643 - 161 -02 -010
��5B
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.
Vagneur Pit June 2012
U1J11A59
2643 - 161 -02 -010
TRUSTEE'S DEED youK 4J 7
THIS TRUSTEE'S DEED, made this 18th day of September,
1985, between CLAYTON L. VAGNEUR, AS SOLE TRUSTEE OF THE
CLARICE J. VAGNEUH 'TRUST created under the Will of Sullivan
Vagneur, 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 following_
described real estate situate in the County of Pitkin kqq¢t�Er�rn
Colorado, to -wit:
Lot 1, Elam Subdivision, according to the Plat Of
c
thereof recorded June 2, 1982, in Plat Book 13 a
Page 47 as Reception No. 241658,
K� �9
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 to the above described property;
Except and sub;ect to general property taxes for the
current year, U.S. patent reservations and excep-
tions, any and all easements and rights of way of a
public or private nature, planning, zoning and other
governmental 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 Grantee, its successors and assigns;
and the Grantor, for himself and his successor, war_ants the
title thereto against all persons claiming under him.
IN WITNESS WHEREOF, grantor has executed this 'Trusteeo-
Peed the day and yeAr first above written.
SrAUE _)F COLORADO
tiN C 'F -;ARF I E!,U
JL,J6d
of the Clarice J.
_"reated un,Ier
Jigneur, Deceased
;s.
r asuIe rrllstde
Vagneur 'Tr'lst
Will of 311iv.rn
RESOLUTION OF THE °O,ARD OF COUNTY CuMMISSI(-,-NERS
OF PITKIN COUNTY, COLORADO
GRANTING FINAL PLAT APPROVAL TO THE
ELAM CONSTRUCTION, ;NC. SUBDIVISION
Resolution No. 32 - 10
WHEREAS, the Vagneur Ranch Co., a limited partnership, is the -wrier 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 1 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 be satisfied `or
approval, and
WHEREAS, engineering studies have been submitted which verify the water
system capabilities to be adequate for operation of the pit, and
WHEREAS, ponds will be constructed to handle the water needs in the
event of a downstream call, and
1411ERFAS, the appli,']h,P sections of the Pitkin �-ujn`y Lind
aen aJrirr;,,rd in 'hi; Fi.ral Plat sr, i-;;.xi 'o `_ ,r`., .; i 'n
C- missi -,n.
,IOW, THEREFORE, 9E I( Rt:OLVED that Final PI.it.'.;pro;al for , :bdivi,i n
of the Vagneur Ranch property into two parcels, these being Lot 1 of 104.18
he fitherin parcel, be grint. -d with the fnPowing 1:ndi`.,� ",,
ar.rP_5 .and ! Ot �, � -
6u[AJ61
2. Pr:i:ary
useful, the present sewage system will be relecdted to the
tions of the Environmental Health Cepdrtnent.
Approved by the Board of County Ccrmissioners at 'heir regular —.,e'ing cn
February B, 1932.
ATT ST:
Deputy County Clerk
BOARD OF COUNTY COMM ISSIC)NERS OF PlFKIN
rInNTY _ (.nI nRAOn
APPROVED AS TO FORM:
Sin dra StuIIer,' County Attorney
IE
U GJ 02
oman
I]
Exhibit A
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.PdOrL e- r" pu
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 S. Galena Street
Aspen, Colorado 81611
PHONE# (970) 920- 5526/FAX# (970) 920 -5439
June 21, 2012
Gayle Lyman
556 Struthers Avenue
Grand Junction, CO 81601
Gam i� @elamconstruction.com
Re: Elam Construction Inc. Minor Amendment to Development Permit
(PID #2643 - 161 -02 -010; CASE# P056 -12)
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, July 11, 2012, at a meeting to begin at 12:00 P.M. in the Rio Grande Conference
Room at 455 Rio Grande Place, 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 COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920 -5526 FAX (970) 920 -5439
MEMORANDUM
TO: Woody Creek Caucus
W/J Homeowners Association
FROM: Mike Kraemer, Community Development Department
Michael. kraemern co.pitkin.co.us
RE: Elam Construction Inc Minor Amendment to Development Permit
(CASE P056 -12; PID 2643 - 161 -02 -010)
DATE: June 21, 2012
Attached for your review are materials for an application submitted by Elam Construction Inc. The Board of
County Commissioners will review the application on Wednesday, July 11, 2012.
Please return your comments to me by Friday, June 29, 2012.
http: / /www.aspenpitkin.com /Portals /0 /docs /county /Com %2ODev /Plannin /Land Use Applications/
P056_12_app.pdf
If you require a paper copy of this application contact Bonnie Waechtler at
bonnie.waechtlergco.pitkin.co.us or 920 -5109.
Thank you.
Michael Kraemer
From: W -C Caucus [caucus81656 @gmail.com]
Sent: Saturday, June 30, 2012 12:05 PM
To: Michael Kraemer
Subject: Elam Construction Inc. Minor Amendment
TO: Michael Kraemer
The Woody Creek Caucus District Planning Commission has met with Elam
representatives in regard to the subject application, and we have the following comments:
As in the past, we note that Elam has worked hard to be a good neighbor in the Woody
Creek community.
The subject application was discussed at a meeting of the Woody Creek Caucus on June
28; we have contacted the Woody Creek HOA, The W/J Metro District, and the White Star
Ranch HOA, and there have been no complaints or objections voiced to the current
application.
Janet K. Schoeberlein
For the Woody Creek Caucus District Planning Commission:
Janet K. Schoeberlein
7274 Upper River Rd.
PO Box 423
Woody Creek, CO 81656
970 - 923 -0040, fx970- 922 -7295
Email secured by Check Point
GOGJ36
Michael Kraemer 147F,44grft &T q
From:
Paul Jones [paulgjones @comcast.net]
Sent:
Thursday, June 28, 2012 10:31 PM
To:
janetkayes @gmail.com; dave. heiberger@elamconstruction. com-, Michael Kraemer
Cc:
Gilbert, Becky; Jeff Pendarvis; Steve Marolt; Vhrin, Bob; Vhrin, Bob; Bob McDonough; Bob
McDonough; Bob Starodoj; Bradley Everhart; Campbell, Michael & Rhoda; Chris and Brandy
Keleher; Holloway, Christina & Binnie; Person, Christina; Cindy Herndon; Courtney Clark;
Covington, Amy; Dangler, Dan; Dangler, Dan & Meg; David and Lara Deyerarmond; David
Richie; Finger, Paul; Foss, Marilyn; Freckleton, Peter; Gette Vhrin; Hansi Brenninger;
Hearndon, Will; Hilary Stunda; Homburg, Shaun; John Allard; Julie Garside; Karen Lutz; Kathy
Homburg; Katie Kissane; Lorenzo Semple; Mallory Pisano; Marc Mandelbaum; Mark & Ellie
Roberts; Mark Gamrat forward; Marni Mitchell; Mathieu Rosinsky; Michael Sailor; Younger,
Michael; Mike Marolt; Olivier Mottier; Parker Lathrop; Paul Viola; Reese; John & Susan; Roger
Haneman; Smith, Anthony & Beth; Stephanie and Chris Durham; Stephen, Dave; Stephen,
Lisa; Susan Reese; Terngeriova, Lucy; Thurber, Tammy & Mark; True, Nina; Tschappat,
Rocky; Twigg, Sue; Vardy, Itzhak; Whittingham, Phil; Wilson, Garth; Zell, John; Debbie
Braucht; Thomas Zancanella
Subject:
FW: minor amendment request
Attachments:
Elam Minor Amendment Submittal Full. PDF
Dear Janet Schoeberlein and the Woody Creek Caucus,
Dave Heiberger phoned to let me know that Elam has applied to the County for permission to work more nights than
originally permitted to accomplish their paving project at the airport. I, in turn, have sent the attached submittal to my
fellow members of the WJ Metro District Board and to the rest of the District members for whom we have email
addresses. As I have received no objections or concerns, I would like to give our blessing to Elam's request and our
hopes that the project might be completed with expediency. We very much appreciate your involving us in the process.
Paul Jones
Secretary
W/J Metro District
PO Box 231
Woody Creek CO 81656
C: 970.948.8014
- - - -- Original Message---- -
From: Paul Jones [ma ilto: paulgjones@comcast. net]
Sent: Monday, June 25, 2012 5:57 PM
To: Gilbert, Becky (beckyg il bert@comcast. net); Jeff Pendarvis Oeff.pendarvis @ci.aspen.co.us); Steve Marolt
(steve @maroltllp.com); Vhrin, Bob (bob @friasproperties.com); Vhrin, Bob (vhrin @comcast.net); Bob McDonough
(aspenfamily @comcast.net); Bob McDonough ( mcdonoughconstruction @ comcast.net); Bob Starodoj
(star @masonmorse.com); Bradley Everhart (everhart@rof.net); Campbell, Michael & Rhoda (sscp @rof.net); Chris and
Brandy Keleher (bvweissenstein @aspenk12.net); Holloway, Christina & Binnie (binchris63 @gmail.com); Person, Christina
(christinaper @comcast.net); Cindy Herndon (cndy_ aspen @yahoo.com); Courtney Clark (clark.cic @gmail.com);
Covington, Amy (amycov @comcast.net); Dangler, Dan (dan @aspen.younglife.org); Dangler, Dan & Meg
(mdangler @comcast.net); David and Lara Deyerarmond (laraanddavid @comcast.net); David Richie
(davidc.richie @gmail.com); Finger, Paul (col umbinela nd@sopris. net); Foss, Marilyn (mtnmtg @sopris.net); Freckleton,
Peter (freckleton @comcast.net); Gette Vhrin (gettev @comcast.net); Hansi Brenninger (h.brenninger @comcast.net);
Hearndon, Will (will @masonmorse.com); Hilary Stunda (hstunda @gmail.com); Homburg, Shaun
(hydrosca pe@comcast. net); John Allard (elriocolorado @aol.com); Julie Garside (juliegars @aol.com); Karen Lutz
(servesk717 @aol.com); Kathy Hornburg (highlandergirl @ comcast.net); Katie Kissane (katie @kissaneviola.com); Lorenzo
Semple (suityourself @sopris.net); Mallory Pisano (pisa no. mallory@comcast. net); Marc Mandelbaum
(marcmandel baum@comcast. net); Mark & Ellie Roberts (Esca peLLC@comcast. net); Mark Gamrat (apcccl @gmail.com);
Marni Mitchell (marnz @comcast.net); Michael Sailor (msailorpri @aol.com); Younger, Michael
(myounger81612 @yahoo.com); Mike Marolt (marolt @rof.net); Olivier Mottier (lesmottiers @aol.com); Parker Lathrop
(parker.lathrop @ gmail.com); Paul Viola (paul @kissaneviola.com); Reese; John & Susan (lcdrreese @yahoo.com); Roger
Haneman (rogerhaneman @hotmail.com); Smith, Anthony & Beth (antnbeth @rof.net); Stephanie and Chris Durham
UUU��5
PITKIN COUNTY COMMUNITY DEVELOPMENT
Permit Receipt
RECEIPT NUMBER 00032551
Name: ELAM CONSTRUCTION IN ELAM CONS
Project Address: 7943 UPPER RIVER RD
Type: check # 3733
Permit Number Fee Description
0056.2012.PLAN
0056.2012.PLAN
0056.2012.PLAN
PP- Flat Fee
PP- Clerk Fee
PP- Clerk Tech Fee
Total:
Date:6 /11 /2012
Amount
1,560.00
375.00
25.00
1,960.00