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DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION 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 copies (11x1') PARCELID 2643-084-00-07 DATE PT5 CASE NAM eJl Concrete Special Review Permit CASE N( .------ m----- OVYN��P�HH��} Co puny r--= ------ ADR� u� �/� pMN:|- -------'-�N�� 1 '-------�---- n�p� � /----' ----- �DR . _ C/�Z� --'------- . � --------- ~ ^`1 ~ sm�|��uc [-------- --- --'- - --- ----' ALLocvqrED*ou*SI FEES DUE: -'--'---- � FEES RC�Di-- ---- , ,�Oy�F� F-'------ - � REFERRALS�----' ' ----� -^----------- ----- '------'---^---------- CASE TYP4: REF/------ BY[- -----^ DUE.— MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION: | | jNo O0CCReso:_��,;�z^ny�«o� -------- B0CC0rd: --- -------- me�p RE m2643-081-03-8009 R� | | *Raope i ^^O~E~! 7 | HO INDEX: / ADMIN: | puQ'RECORD p�g'(aKPG) --------- �ow|m|moBt[---------'------ T--------' - YR APPROVAL DATE: w��xp��o�� _ --------' CASETvP: c�3�TYP5 � � CA5ETfP2:' CASE T/P3: CA5sTYpo� CASE TYPT�--� CASE TYP4: Date Scanned: 8/30/12 Fi|eLocatinn: - $eporded a P.M. - ..._ ....::�:�s t 3:33 _ -• , April 6, 1977 Julie Nane, REcorder lY•; y- �h Reception Number: 13.3405 800K 326 PACE 929 PITKIN COUNTY COXNXSSIONERS RESOLUTION NO. 77.,(�a Re: Sall Concrete Company pecial Review Permit F AREAS, HALL CONCRETE COMPANY, j a Colorado corporation (Hall) has made application for I - t a Special Review Permit to relocate a concrete batch plant at j j the Hemann Batch P on the Jaconvel propert lant Y the ! south of t he Roaring Fork River which is zoned AF -1, , and WHEREASr the ex istin g Hall Concrete ii operation is a non- conforming use in the AF -2 zone, t and is not currently regulated as a Special Review use, and WHEREAS, it is a stated goal of Pitkin County to create a scenic corridor along Highway 82 to reserve entrance to As an attractive Aspen thus enhancing the resort qualities of the Roaring Fork Valley, and �f WHEREAS, the application is s batch Pecificall Plant, y for a concrete security , office and storage of related equipment and does not include an asphalt hot mix plant which could generate air pollution problems, nor a rock crushing operation which could generate significant gnifi noise pollution problems WHEREAS , and alternate t iF sites have been evaluated for re_ location and the �t Jaconvel site a ppears to present the most desireable site " � ik , in that the Wildcat and /or Solid waste Center site is without of �r sufficient water; and , the Elam site would be too congested I at this time and would ex acerbate current access problems to Woody Creek, I t; , 1" specifically, the steep and winding Woody Creek Road and the one lane bridge, which is the access to the Wood main Y Creek area, and $ WHEREAS, the Pitkin County Planning and zonin by resolution dated December 17 g Commission , 1975, recommended approval Of the Special Review application of Hall Concrete Company, and t U 0 J- 01 r Cook 326 PACE 930 WHEREAS, on February 2, 1976, the Public hearing was held Pursuant to the Special Review Requirements of the Pitkin County Zoning Code at which time citizens expressed Comment on the Proposal, and WHEREAS, reclamation provisions are now in effect for the Hemann Pit which must be completed to the satisfaction of Pitkin County, NOW THEREFORE BE IT RESOLVED, that the Board of Pitkin County Commissioners hereby approve Hall Concrete Company's Special Review application and grants to Hall Concrete Company, its successors and assigns, the right and to use to the lands, more particularly described on Exhibit A, i for the installation of a Concrete Mixing Plant, an office and security facility, the storage of accessory construction and concrete form materials, and truck storage necessary the concrete operation. Such permit shall be for a for period of five (5) years ending Maich 1, 19.82. The permit shall be-. -- expressly conditioned in compliance with the following requirements: i � i 1. PERMITS - The Hall o obtain Corporation agrees t P q (or apply for) all necessary permits and a approvals from all federal, state and local agencies p rior Of the activity or operation which is to the commencement the subject of this Permit or approval. The Hall Corporation agrees to comply with and abide by all federal s tate and local laws, regulations, orders, permits and approvals in the conduct of its operations and activities on the lands. J Y h ) The Hall Corporation may, of course, contest in good ;•; faith any such laws, regulations, orders or the like. i; The Hall Corporation shall furnish copies of all Permits it obtains relating to operations or activities on the lands -to the Board, i x -2- 0 02 , BOOK 326 Pa 931 2. Water disturbance of the vegetation shall not be allowed between the top of the river bank and the Roaring Fork River. 3. The operator, Hall Concrete Company, agrees to remove all stock piled gravel within 360 days of the termina- tion of said permit and to remove the Concrete Mixing Plant and all other equipment and materials which have been a part of the plant operations within ninety (90) days of the termina- tion of said permit. 4. Hours of operation of the facilities and specifically including the Concrete Plant shall be as the business"of the operator requires, but it shall utilize its best efforts to operate between sunrise and sunset. 5. The operator, by acceptance of said agreement, does hereby agree to make an escrow deposit in the amount of One Thousand Dollars ($1,000.00). Said deposit is expressly posted for the purpose of ensuring clean up of the site upon permit expiration. The deposit shall run for the length of the permit herein issued; the deposit shall earn interest and the interest shall be paid to Hall Concrete Company. 6. RECLAMATION - At all times the operator shall take such reasonable measures as will prevent or control on -site and off -site damage directly caused by the operations of the operator to the environment including, but not limited to: (a) Control of erosion and landslides; (b) Control of water runoff; (c) Isolation, removal or control of toxic materials; (d) Reshaping and revegetation of disturbed areas which are vegetated at this time; (e) Restoration of fisheries and wildlife habitat in surface water bodies which are disturbed by the operator; bi (f) Stabilization of access roads by proper grading, drainage control, surfact treatment and vegetation. son 326 PACE 932 Inspection shall be permitted by the Soil Conservation Service and Pitkin County Building Department to insure compliance with the terms of the permit. 7. REQUIRED PERFORMANCE STANDARDS - The installation shall not be operated except in accordance with the following standards: (a) Drainage - Surface runoff originating on the premises shall be contained entirely within the site, including runoff from storm or moisture situations, except for runoff characterized by its severity as "An Act of God." (b) Air Pollution - Smoke and dust originating from the operation of the asphalt plant and gravel operation shall be controlled as follows: 1. Fugitive dust shall be controlled by water, chemical means or paving. 2. Federal, County and State Air Pollution Regula- tions now adopted shall be strictly observed. (c) Water Pollution - Discharge of contaminated water shall not be permitted, but the same shall be drained in conformity with EPA regulations. Operations shall be conducted sufficiently above water table to prevent any contamination of ground water. (d) Noise - Noise from the operation as measured at property line, the County Road and State Highway and any nearby residential sites, shall not exceed a noise level of 80 decibels on the A Scale as provided in C.R.S. 1973, 25 -12 -103 for an } industrial site. It is noted that the depressed location of the site and lack of nearby residential dwellings reduces the possibility of the noise pollution hazard. r ? (e) Scenic Values - Operator shall, to the extent practicable, harmonize operations with scenic values through such measures as the design and location of operating facilities, including roads and other means of access, W ���� -4- BOOK 326 PACE 933 vegetative screening of operations, and construction of structures and improvements which blend with the landscape. B. Violations; Hearings.- In the event that the County determines that probable cause exists to believe that the applicant is not acting in compliance herewith, the County shall cause a hearing to be had before a court of competent jurisdiction. At the conclusion of such hearing, the Court may amend the foregoing agreement; may continue it in effect; may impose reasonable additional conditions for the protection of the public on adjacent lands; may terminate the operation within a reasonable time; or afford such other relief as is appropriate. 9. The undersigned operator has read the aforegoing permit and its terms, conditions and requirements herein con - tianed and does hereby accept all of the above terms...., HALL CONCRETE COMPANY By_ This Permit Agreement approved this_Eday of FeB wAay 1976, by the Board of County Commissioners of Pitkin County, Colorado pursuant to its Resolution adopted on FCBQurM y 9 197&. THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By Chaff ; r x a BOOK 326 PACE 934 ACCEPTANCE AND APPROVAL BY PROPERTY OWNER Vice The undersigned, being thWPresident and Secretary of JACONVEL COMPANY (the "Corporation "), a Colorado corporation, represents for and on behalf of that Corporation pursuant to proper authority vested in them: 1. That.the Corporation is the fee simple owner of the real property (other than the affected portion of the right of way as described in the body of the Permit) to be utilized under the foregoing permit by the Operator, 2. That the Operator is the lawful lessee of the property which is the subject of the permit and authorized thereunder to make to commitments made with respect to the use of the said real property. 3. That as a third party beneficiary hereunder deriving economic benefits from the issuance of the permit, the Corporation consents to the utilization of its property described in the permit for the performance by the County of the obligations of the Operator .property disturbed under the permit if the Operator shall fial to fulfill its obligations thereunder. SEAL) Secretary JACONVEL COMPANY By ��G e- V ce rresid en eoox 326 PacE 935 .k OOUU08 ". 11 ool�\ITI 326 PAGE 936 r% llzc .4 rl OOUU08 ". 11 ool�\ITI 326 PAGE 936 r% llzc .4 r MEMORANDUM TO: Pitkin County Commissioners FROM: Planning Staff (HC) RE: Hall Special Review Permit Revisions DATE: August 20, 1976 This is a request by Howard Hall, represented by John Wendt, to review the Special Review Permit for Howard Hall allowing relocation of his concrete operation to the Jaconvel site south of the Roaring Fork River. The revisions to the permit as approved are as follows: 1. No.4 - Hours of operation of the plant to be unspecified due to the needs of the operator to,on occasion,continue concrete preparation after 7:00 P.M. It is understood that such evening work would occur infrequently and on an unscheduled basis. The Pitkin County Sand and Gravel regulations require hours of operation to be 7:00 A.M. to 7:00 P.M. unless otherwise specified. The Planning Office recommends this change be approved to the permit due to the expected infrequency of the occurance. 2. Permission for fisherman access has been removed from the permit due to Mr. Hall's concern about potential vandalism of his equipment. Since this is an isolated piece of property and not connected to a pedestrian access plan, the Planning Office feels this to not be an important requirement for the permit. Mr. Hall has stated that he will allow fisherman use of the property but prefers to monitor general control of the use of the property. The rest of the permit is essentially the same as previously approved by the Commissioners. The Planning Office recommends approval of these requested changes. 0 0UU39 FITTIN COUNTY BOARD OF COUNTY CG-fdMISSIONERS Pitkin County Courthouse, 506 E. Main Aspen Colo. 81611 Phone (303) 925 -5232 date August 30 anti TO Planning Office - Hal FROM BOCC short DESCRIPTION: HALL CONCRETE PERMIT p` Amendment to Special Review Permit for Hall Concrete: tv - -Lthe normal hours of operation of the plant vj shall be from 7:00 a.m. to 7:00 p.m. provided that, in the event the operator is involved in a urr"a- SOYMbly large project for which the pouring of concrete cannot be terminated overnight nor completed within one workind day, then the operator may continue such operation after the 7:00 p.m. termination time and he shall use all reasonable effort to prevent any outside lighting or noise from his operation from becoming a nuisance to other land uses in the area. Then take this back to John Wendt for comment from Hall and then back to the Commissioners for O.K. DISPOSITION: returned on by JOB no. ® a 6 4 �r 3 � 0 ASPEN/PITKIN Ec".nnnia Department 130 soul �:��� °��� street aspen, f 81611 July 2, 1976 John Wendt 302 Professional Building 600 East Hopkins Street Aspen, Colorado 81611 Dear John: This letter is in response to your letter of June 28, 1976 listing provisions of the Hall permit which are unacceptable to Mr. Hall. The Planning Office agrees that each of these items are of minor public importance when considering the merit to the community of relocating the Hall operation to the Jaconvel site. However, the permit conditions were imposed by the Pitkin County Commissioners and their concurance with the changes must be obtained. It is our suggestion that we place this matter on the next Commissioners agenda, July 12, 1976 to evaluate your proposed revisions to the permit. Your assertion that February 1, 1976 was Hall's deadline for obtain- ing the permit is astounding since the hearing before the Commissioners was February 9, 1976, and Mr. Hall has been virtually unavailable in Mexico until late Spring of this year. Certainly if Mr. Hall had expressed serious interest in moving his operation this Spring appro- priate arrangements could have been made with the County. Again we wish to impress upon you our sincere desire to accommodate Mr. Hall in satisfactorily relocating his business operation. Please contact me if you have further questions in this matter. Very, truly y urs, Harold Clark, Jr. Land Use Administrator HC /bk cc: Howard Hall Joe Edwards .a 01JUU11 s .. 302 Xq'S PROFESSIONAL BUILDING 600 EAST HOPKINS STREET u`Jv:J2 LAW OFFICES OF JOHN A. F. WENDT, A PROFESSIONAL COMPANY ASPEN, COLORADO 81611 June 28, 1976 Mr. Harold Clark, Jr. Land Use Administrator Aspen /Pitkin Planning Department 130 South Galena Street Aspen, Colorado 81611 Dear Hal: J R. BATE DATE ROUTE Re: Hall Concrete Company Special Review Permit TELEPHONE 303- 925 -4505 Responding to your letter dated June 22, 1976, mailed the 25th and received the 28th, you are advised that Hall Concrete Company objects specifically to the following provisions in the present form of the Special Review Permit: A. p. 3, paragraph 4 - Hours of business shall be in the sole discretion of Hall Concrete Company. As a practical matter, there are times when a "pour" requires almost a twenty -four hour continuous operation. B. p. 4, paragraph 8 - Hall Concrete Company does not wish to grant access to fishermen or anyone else. It is impracticable to fence out everyone and access to equipment as inherently dangerous as is involved herein would constitute an'attractive nuisancd'to any children of permitees or licensees. C. p. 3, paragraph 6 - Line 3 insert after "damage" the phrase "directly caused by the operations of the operator." D. 2.1_2 - The term shall be for five (5) years from the effective date of the permit. There is no way Hall Concrete Company can terminate operations at its present site and set up and resume at Jaconvel until the later fall of 1976 - at the earliest. A Mr. Harold Clark, Jr. Page 2 June 28, 1976 You will remember that February 1, 1976 was Hall Concrete Company's deadline to obtain the permit. The County could not meet this deadline so hence no move this spring. Please advise me as to how Pitkin County wishes to proceed in this matter. Thank you. JAFW /cl cc: Howard Hall V, e, , o� John A.F. Wendt June 22, 1976 John Wendt Box 8429 Aspen, Colorado 81611 Dear John: The Special Review Permit for Howard Hall has been approved by the Pitkin County Commissioners and referred to you for the signature of Mr. Hall. You have verbally reported to me that Mr. Hall is unwilling to sign the permit. We would appreciate your responding to us as to the conditions of the permit which are not acceptable to Mr. Hall, or if Mr. Hall simply has de- cided not to move the conceete plant to the Jaconeel site. Thank you. Very truly yours, Harold Clark, Jr. Land Use Administrator HC /bk �1 L.4 0 MEMO TO: Hal Clark, Planning Office FROM: Department of Environmental Health SUBJECT: Relocation of Hall Concrete Plant DATE: February 9, 1976 The following notices and permits would be required to ensure satisfactory compliance with State and Local Environmental Health Regulations. 1) An air contaminant emission notice filed with the Colorado Health Department, Air Pollution Control Division; 2) An individual sewage disposal permit application and permit obtained from the County Environmental Health Department; 3) If there is to be a direct pollutant discharge into a water course it will be necessary to obtain an NPDES Discharge Permit through the State Water Quality Control Division of the Colorado Health Department. 00UU 5 A MEMORANDUM TO: Pitkin County Commissioners FROM: Planning Staff (HC) RE: Public Hearing - Special Review Permit for Hall Concrete Plant Relocation DATE: January 30, 1976 This is a public hearing to consider a special review permit for five years for Howard Hall Concrete to relocate his existing concrete plant to the former Hemann Sand and Gravel site generally situated south of the Roaring Fork River at the Morris - Knudson ore truck conveyor site. The proposed use for the site consists of the following: 1. A concrete mixing plant - the same plant existing across from Aspen Village. 2. An office for supervision and security purposes. Presently Mr. Hall has a mobile home for this purpose. He proposes to build a new office in conformance to the Uniform Building Code specifications. 3. The storage of accessory concrete equipment and trucks on the site. 4. Specifically not included in this application is an asphalt hot mix plant nor a rock crushing operation. It is our understanding that the extractable supply of sand and gravel has been removed from this site and that only an existing supply of crushed rock is currently being removed from the site. The Planning Office has worked with Mr. Hall for several years attempting to locate alternate sites. The basic criteria for such a site were the following: 1. Visual screening from Highway 82. 2. Good heavy truck access to Highway 82 in regard to grades, sighting distances, proximity, etc. 3. An adequate supply of water for the concrete plant. 4. Compatibility with adjacent land uses. 5. Close proximity to the development centers of Aspen and Snowmass to reduce highway hauling distances for safety and fiscal reasons. uuujl6 on on The Planning Office has encouraged this application due to the significant negative visual impacts of the present Hall site adjacent to Highway 82. This conflicts with our stated goal of creating a scenic corridor for Highway 82. The proposed Jaconvel for all practical purposes removes the plant from conflict with our scenic vista concerns. The new site has good access to Highway 82 in that a paved turnoff lane is installed; excellent sighting distances exist; and the precedent for heavy truck usuage already exists by virtue of the Morris - Knudson trucks. An adequate supply of water exists from the alleviation of the Roaring Fork River. The past and present usage of the site is for rock crushing, and a concrete plant, and ore truck unloading. Only one residence exists several hundred yards downstream of the site. A concrete plant does not generate significant noise or air pollution. The Pitkin County Planning and Zoning Commission has reviewed the appli- cation and by resolution dated December 17, 1975, recommended approval of the permit. The resolution is included in your packet. We feel that the proposed Jaconvel site adequately addresses these criteria and recommend approval of the five year permit with the following stipulations: 1. The Hemann Permit should be repealed and reclamation guarantees of that permit reviewed and enforced. 2. The applicant must demonstrate his right to use of the the Roaring Fork water for commercial purposes. 3;., A. -.site plan filed with Pitkin County. 4. A yearly review of the operation of the plant should be conducted should such be deemed necessary by the Pitkin County Commissioners. 5. A plan for clean -up and reclamation of the existing Hall site developed with Mr. Hall; the landowner, Mr. A. Baites; and, Pitkin County. 6. A cash bond deposited to Pitkin County in the amount of $1,000.00 to guarantee clean -up of the Jaconvel site. 7. The permit should be conditional on compliance with state and local pollution laws and receipt of a "Spilling" permit from the Protection Agency. 8. The hour of operation should be limited to�6:00 A.M. to 6:00 P.M Noise generation is primarily limited to the start -up noise of the Hall delivery trucks which will be located to the east of the site away from the downstream residences. 0 U U U Ji 7 December 4, 1975 TO: PITKIN COUNTY PLANNING & ZONING COMMISSION FROM: HALL CONCRETE COMPANY, a Colorado corporation The applicant desires to (a) obtain an extension of the "Hemann, Inc. Gravel Permit Agreement - Jaconvel Pit" for a term of five (5) years with an option to renew for five (5) years; and (b) pursuant to this permit to operate its facility under the special review procedures of Pitkin County. 1. Use: Initial use of the area will be the operation of a concrete batch (redi -mix) plant and storage of heavy equipment. 2. Title: The lands are owned by Jaconvel Company. The roughly eleven (11) acres will be leased by Hall Concrete Company for a term of five (5) years commencing February 1, 1976 with an option to renew for an additional five (5) years. See letter of October 28, 1975 from Jaconvel. A copy of the actual lease will be furnished upon its execution. 3. Plat: A plat of the entire area is attached. The hatch marks represent the approximate area under the lease for the batch plant; the lands southeasterly of the conveyor will be utilized for heavy equipment. All installations will be below the hill. HALL ['n TCPV- !R COMPANY By Its Attorney JOHN A.F. WENDT 600 East Hopkins, Suite 305 Aspen, Colorado 81611 v �vj.�.8 1111E J liffl-EhJ Box E Aspen, Colorado PROOF OF PUBLICATION STATE OF COLORADO ) ) ss. Copy of Notice County of Pitkin ) . Y.111 i am R Dunaway do solemnly swear that I am the ..._......Publisher ..-- _---- ... ................... of THE ASPEN TIDES; that the same is a weekly newspaper printed, in whole or in part, and published in the County of Pitkin, State of Colorado, and has a general circulation therein; that said newspaper has been pub- lished continuously and uinterruptedly in said County of Pitkin, for a period of more than fifty -two consecutive weeks next prior Public pUIIC nQ��Ce to the first publication of the annexed legal notice or advertise- ment; that said newspaper has been admitted to the United States PUBLIC NOTICE mails as sceond -class matter under the provisions of the Act of ELAAMASAND AND GRAVEL March 3, 1879, or any amendments thereof, and that said news- Public notice is hereby givreyn that paper is a weekly newspaper duly qualified for publishing legal with the meaning of the laws of the a public pp m. i U ill be eCounFy brua ho9,1 to' t ew the Elam Sand notices and advertisements and Gravel operation in regard to their compliance with the Sand State Of Colorado. and Gravel Permit issued by the Atkin County Board of Commissioners. This annual hearing That the annexed lega2 notice or advertisement was published is re- =t. as a condition of the Sand and Grayei In the regular and entire Issue of every number of said weekly A copy the � mit may Planner examined mined i mal working hours. nor- newspapers for the period of ...... consecutive insertions; and By that the first publication of said notice was in the issue of said Chairman, Pitkin County CDwight mSis oonere s newspaper dated ... ..... January► 15 A. D„ 19 T6. and that Published in the Aspen Times January 15,1976. the last publication of said notice was in the issue of said news- paper dated ............ .............. ................ A., D., 19....... Subscribed and sworn to before me, a notary public In far the ty of Pitkin, State of Colorado, this ..... l,l ?'........ day of l .....t L: C .........C1 ... A. D., No Public l C My commission expires . 1` ..l�.s �...........'.'�.1/ / N MEMORANDUM tea+ TO: County Commissioners FROM: Planning Staff (HC) RE: Hall Concrete Relocation - Special Review Application for Jaconvel Site DATE: December 18, 1975 This is a request by Howard Hall to relocate his concrete batch plant from its present location to the Hemann Sand and Gravel site generally situated south of the Roaring Fork River at the ore truck conveyor transfer site. Also, the applicant wishes to store certain concrete related equipment and trucks on the site. The request specifically does not include a rock crushing operator or an asphalt hot mix plant. The Planning Office has encouraged this application due to the significant negative visual impacts of the present Hall site adjacent to Highway 82. This conflicts with our stated goal of creating a scenic corridor for Highway 82. The Jaconvel site for all practical purposes removes the plant from conflict with our scenic vista concerns. The Jaconvel site also has good access to Highway 82 in that a paved turnoff lane is installed and excellent sighting distances exist. Tehcnically, Mr. Hall is applying for an extension of the Hemann Special Review permit for a concrete batch plant to himself and a permit time of five (5) years. The action required by the County Commissioners is to set a public hearing date (30 days notice) to receive public input on the application. uuuj20 ASPEN /PIT 130 s aspen MEMORANDUM g Department i t r e e t 81611 TO: Pitkin County Planning Commission FROM: Planning Staff (HC) RE: Hall Concrete - Special Review Application for Jaconvel Site DATE: December 5, 1975 This is a request for an extension of the Jaconvel Special Review Permit to accomodate the relocation of the Howard Hall Concrete Batch Plant operation from its existing site across from Aspen Village to the existing Jaconvel Sand & Gravel site to the south of the Roaring Fork River. Pursuant to our discussions at the December 3, 1975, Planning and Zoning meeting, we are submitting this application in conceptual form to the P & Z before detailed submission material is requested of the applicant. The Planning Office has been in contact with Mr. Hall for several years in an effort to relocate the concrete plant operation. The present site is located in a visually sensitive area and not in con- formance with Pitkin County goals for a scenic corridor design for Highway 82. Having investigated alternate site locations in Pitkin County we feel the present Jaconvel gravel site being relatively isolated from public view and with good highway access appear to be a proper location for his activity. We have considered also the possibility of locating this operation in the area of the Solid Waste Center (dump) or Wildcat properties, but a significant problem of lack of water availibility in quantity necessary for Mr. Hall exists. With the above general considerations in mind the Planning Office has encouraged Mr. Hall to make this application at this time. Should the P & Z agree with these observations we will proceed to develop a more thorough analysis of the application. ujuj21 ASPEN TITLE COMPANY A TITLE INSURANCE AGENCY POST OFFICE BOX 27 ASPEN, COLORADO 81611 (303) 925 -4444 TITLE CERTIFICATE #75-12-06 Aspen Title Company hereby certifies that Jaconvel Company, a Colorado corporation, is the owner, in fee simple, of the following described tract of land in Pitkin County, Colorado: Please see Exhibit "A" attached. subject to: Reservations and exceptions in Patents of record. Right of way and easement granted by Jaconvel Company to Rocky Mountain Natural Gas Company, Inc. 25 feet in width recorded October 10, 1974 in Book 292 at Page 104 in which the legal description is insufficient. We find no judgments or liens vs. Jaconvel Company, a Colorado corpation. Effective date: December 1, 1975 at 8:00 A. M. ASPEN TITLE COMPANY By A EXHIBIT "A" ATTACHED AND MADE A PART OF TITLE CERTIFICATE #75 -12 -06 LEGAL DESCRIPTION A tract of land being part of Lots 8 and 10, Section 8, Township 9 South, Range 85 West of the Gth P. M. described as follows: BEGINNING at a point on the Northeasterly right of way line of Colorado Highway 82, whence the Northwest corner of said Section 8 bears North 540111-22" West 4606.09 feet; thence North 180481, East 134.85 feet; thence North 1 0231' East 318.64 feet to the centerline of the Roaring Fork River; thence Southerly along the centerline of the Roaring Fork River to a point from whence the Southwest corner of Lot 11, Section 8 bears North 52 °11' East 468.58 feet; thence South 48 °29' West 454.80 feet to the Northeasterly right of way line of Colorado Highway 82; thence Northwesterly along said Northeasterly right of way line to The Point of Beginning. Pitkin County, Colorado. uuLJ23 °L JACONVEL COMPANY 829 GRAND AVENUE P.O. BOX 981 GLENWOOD SPRINGS, COLORADO 81601 October 28, 1975 Mr. Howard Hall Hall Concrete Box 4 -A Basalt, Colorado 81621 Dear Howard: Confirming our discussion on and after talking to Meade Harker, we gravel site to you or your Company for years, with an option to extend for an years, subject to escalation and price the following conditions: TELEPHONE 945 -6546 AREA CODE 303 October 4, 1975, gould lease the a term of five additional five negotiation under 1. We would co- operate with you in securing the necessary permits and zoning approvals from Pitkin County. If approval was not obtained in 90 days, then both parties would be released. 2. Rental would commence when you move in or on February 1, 1976, whichever first occurs. Rental for the four plus acres northwesterly of the iron ore conveyor would be at $400.00 per month until July 1, 1976 and thereafter at $500.00 per ]Month with rental to be adjusted annually commencing January 1, 1977 according to changes in cost of living index, BLS, all items, as between date of lease and each annual anniversary thereafter. 3. We would give you the option to lease the other tract, Southeast of the iron conveyor at a rental equal to that on the first tract, the option to be exercisable within six months from date of lease oa first tract. 4. We would finish, cleanup and revegetation of slopes on the gravel pit and you would be responsible for the area leased to you, maintaining it in a clean, orderly condition and complying with County and other regulations UUL'j 4 Mr. Howard Hall October 28, 1975 Page - 2 and permit conditions. We could either assign you the existing permit, or you could apply for necessary zoning variance as you choose. if we assign the permit, then we would expect reimbursement for the C.A. now on deposit. 5. You would pay taxes, fees and expenses attri- butable to the property or operations and would provide us with evidence of Workmen's Compensation and general, liability insurance, in which we would be named insureds. 6. We would reserve an easement 15 feet in width on each side of the belt conveyor that transports iron ore across the river, and would reserve road access for servicing, cleanup and maintenance of the conveyor. 7. You would avoid damage to trees and vegetation along the river bank. You would clean up and return the premises in their present condition at the end of the lease. Rental would be payable monthly in advance and we would have a lien on installations and equipment for unpaid rental. We would reserve the right to approve an assignee of your lease, but you could sub -let to contractors or other persons desiring to store equipment on the premises or conduct other lawful permitted activities that would not constitute a nuisance. We reserve the right to continue storing our primary crusher, conveyor and equipment in its present location. There may be other conditions that you or Meade want in the agreement, but z believe the above covers the most important aspects. If it appears that you can get proper permits and you want to proceed on this basis, please let me know and i will prepare a contract. Best regards. RD /lta 0 U U b- Sincerely yours, JACONVEL COMPANY By Robert Delaney August 18, 1975 ASPEN /PITKIN PLANNING DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Robert Delaney 818 Colorado Avenue Glenwood Springs, Co. 81601 . Dear Bob: Thank you for your informative letter concerning the transfer of P.B. Heman, Inc. gravel permit to the Jaconvel Company. I assume that Jaconvel acknowledges its obligations to fulfill the con- ditions of the present sand and gravel permit. I will ask the 'County Attorney whether it is necessary to formally transfer this responsibility to Jaconvel. The Planning Staff is supporting the move of Howard Hall for his. present site to the Jaconvel site, such a move would be a con- siderable improvement to the existing situation primarily for visual resource purposes. Various of of the Commissioners, particularly Joe Edwards, have also expressed support for this idea. • Since the current permit expires. in January, 1976, we would recommend that Mr. Hall apply for a sand and gravel permit immediately. Enclosed is the permit application previously submitted for P.B. Heman by Tri -Co Management. . Very truly yours, Harold Clark City /County Land Use Administrator HC /bk enclosure ;Uu J2` 6 JACONVEL COMPANY P. 0. Drawer 790 GLENWOOD SPRINGS, COLORADO 81601 August 6, 1975 Mr. Hal Clark Pitkin County Planning Division Court House Aspen, Colorado 81611 Dear Hal: TELEPHONE 945 -6546 AREA CODE 303 Howard Hall asked me to write you about the possible use by Hall of the area presently licensed as a gravel pit on the South side of the river at Woody Creek, heretofore operated by T. C. Aggregates (P. B. Hemann, Inc.) T. C. Aggregates has transferred the permit and all possessory rights back to this Company. We anticipate the gravel pit on the South side will be finished out under an agreement with Elam Construction, Inc. We are using our primary crusher to deliver 6" minus material to Elam, who will crush it to road mix with their secondary crusher this summer and fall. The road mix will be stock- piled, to the extent not immediately sold, for sale later during the period of the permit. We understand the County would like to have Hall Concrete move from the present site along Highway 82 to a less conspicuous area and Mr. Hall has indicated willingness to move if a suitable place can be found where he has at least equivalent, but preferably longer tenure. Our gravel pit site would and we would be willing to lease it operation of his ready -mix business all necessary approvals from the Co in accordance with such regulations conditions. RD /lta cc: Mr. Howard Hall UUU 4i appear to be appropriate to Mr. Hall for the provided he can secure unty, and operates it and with leasehold Sincerely yours, JACONVEL COMPANY By Z Robert Delaney f P I TT A I N C 0 U N T Y Mu228 • • ASPEN, COLORADO 81611 PHONE: (303 925 -6387 LAND USE ADMINISTRATOR P. O. BOX 9098 • MEMORANDUM l June 3, 1975 TO: County Commissioners Bill Kane FROM: Hal Clark . RE: Bartos Property - Hall Concrete Y I have just returned from a site inspection of 35+ acre parcel located to the north of Highway 82 adjacent to Aspen Village on which is presently located the Hall Concrete plant and 25 cows. Chuck Dunbar (Bugsey's cam- paign manager) is in process of purchasing these 35+ acres from Armand Bartos (Dave Slemon is representing Mr. Dunbar) for use as a single - family dwelling and guest house. It is unclear at this time whether the 35+ acre site is in separate ownership or would require subdivision review. Mr. Dunbar is sceptical of purchasing the property due to certain misgivings toward our Commissioners. I am encouraging Mr. Dunbar to purchase the property and apply for Special. Review permission for the guest house for the following reasons: 1. Mr.- Dunbar will not renew Hail's lease for his concrete plant. As a condition of purchase of the property, Mr. Dunbar is arranging reclamation of the Hall site to include topsoil, reseeding and concrete removal. As of this time, we believe Mr. Hall is not aware of this pending purchase or intention of Mr. Dunbar. 2. Mr. Dunbar will covenant the open pasture of the property for agricultural use only. 3. Two beautiful and concealed building sites exist 600' back from Highway 82 and well above floodplain levels. 4. The property is zoned AF -2 which permits two - family dwellings by Special Review. I have encouraged his application for a second unit due to the size of the property, the good site locations available, and the obvious community benefit for tieing up this visually important property as a luxury home - site with covenanted agricultural open space. 5. If you do not agree with these efforts, please so inform me: But, damn it, it looks like a creative opportunity for us to accomplish some good things. . 1 recorded At 2:54 PM October 10, 1974 Reception NO 170606 Julie tune 1t1GTIT OIL' NV A)' -\ND E- \SE,NTi;N T JACONVEL COMPANY, Grantor, of Glenwood Springs, Colorado, does hereby •cdnvey to ROCILY MOUNT II\T NATURAL GAS COMPANY, INC.; - of Denver, Colorado, Grantee, for the sum of Ten Dollars and other value considerations, a right of way and easement twenty -five feet in width for the purpose of laying, constructing, maintaining, operating, repairing, altering, replacing and removing pipeline („pith valves, meters, fittings, appliances; and related.facilities) for the transportation of gas over, through, under and across the following described land. situate in the County of Pitkin and State of Colorado, to -wit: Beginning at a point from a newly installed gas line through a parcel of land known as the Schlumberger property, com- mencing at the northeast corner thereon and extending in a southwesterly direction upon a line which bears S. 43 °57' West to a point of intersection with a heretofore installed gas line, both of which gas lines are the property of Grantee herein, and further defining such easement, it is the intent and purpose hereof that such easement be located in a borrow pit of •an' existing road�vay and in such a fashion so as such easement shall not interfere with such roadway. Grantee covenants and by acceptance to cause a metes and bounds description of such easement to be surveyed and description prepared and furnished to Grantor, and upon receipt of such description an appropriate document shall be recorded amending the Within description and so . describuiQ the same. There is included in this grant, the right,. from time to time, to lay, construct, maintain, operate, alter, repair, remove, change the size of and replace the pipe. Grantor shall have the use of such right of way and easement, except for any use which conflicts with the purposes for which this right of Way and easement is granted; provided, however, Grantor shall not build or con- struct, nor permit to be built or constructed, any building or other improve- ments over or across said right of way and easement. UUUJ29 - - , �:. ,:�.�,:- �4'Y�W�t.Si...w....�.Yh �, F.::, M.,: �1::.: �:.•. Z. W+ �-... i` �. w.,. q.,.,.. w�..., �.- �7.+ 5— •; �v.: ,.- s.��.s.�--= '".w..wW:.�.,�:.. Grantee agrees to bury all pipelines so that they will not interfere with the cultivation of the land, and also to pay for any damage to fences, improvements, and growing crops which may arise from its operations hereunder; Grantee further covenants and agrees to backfill and compact the excavation required for the extension of the facility the subject hereof and to restore the surface thereof in such a fashion so as to restore its natural state as nearly as possible. Grantee by acceptance, hereby relinquishes and releases and quit claims to Grantor all of its right, title and interest in and to such portion of the heretofore installed gas line easement whicl- will no longer be required for gas line purposes. This grant covers all of the agreements between the parties and "no representations or statements, verbal or written, have been made modifying, adding to, or changing the terms of this agreement. The easement and right of way and all provisions hereof shall be applicable to and binding upon the- parties and their respective heirs, devisees, successors and assigns. IN WITNTESS'WIIEREOF, Grantor has executed this Right of Way and Easement this 23rd day of July, 1971. JACONVEL COMPANY 1/1' Z By Meade llarker STATE OF COLORADO ) President � COUNTY OF GARFIELD ss � The foregoity instrument was acknowledged before me this 23rd (lav of .Tuly, "1971 by MEADE HARKER, as President of Jaconvel Company. My commission expires: WITNESS my hand and official seal. rf v;l 1\- o!,ary Pui)llc / d U ©CR O U9 AD�pt�D P.B. Hemann, Inc. Gravel Permit Agreement - Jaconvel Pit Date: to A permit to excavate gravel and conduct a rock crushing operation is hereby granted for a period of three (3) years commencing on Jan. 1, 1973 and continuing until ja„= 1. 1976 The operator, by acceptance of this permit, does hereby agree to terminate all gravel excavation and rock crushing operations on expiration of this permit unless the operator has applied for and been granted, under the Sand and Gravel Regulation, a new permit to excavate gravel and conduct a rock crushing operation. 2. A permit to remove stockpiled gravel, conduct a gravel washing operation and operate a concrete batch plant is hereby granted I for a period of five (5) years commencing on and continuing until J2Lft The operator., by acceptance of this permit, does hereby agree to terminate all gravel washing and concrete batch plant operations on expiration of this permit unless extended or renewed by the Pitkin County Board of County Commissioners. 3. The operator hereby agrees to remove all stockpiled gravel and all other equipment and materials which have been a part of the gravel, or concrete batch. plant operations within 90 days of the termination of said five (5) year permit unless extended. or renewed by the Pi_tkin County Board of County Commissioners 4. The permits outlined in numbers 1. & 2. above and this p:-'.rmj_-_ ag,reement 5?.1atl appl_3. to 't.he area del in"ated on the a.ttacIllad ryap marked exhibit A, The corners of the permit area and ,�I��. aorth,2as t erl`1 boundary of the permit area which paraliel:3 tile. Ruaz l_iLg Fork R }. ver along the existing ti:`ec line shall c�! l-i,,a,- c, . oil i`Le.. griOLIT)d by the Ope3l"Ci1:0I' <4 th:�7.1 t1lil-iYy CL'IYS Of ill of ':t;'1 K' perll ?1 t p OUOOd1 m -2- 5. The operator agrees to post with the Board of County Commissioners of Pitkin County, Colorado a public liability insurance policy in the sum of $100,000.00 for the benefit of the general public and for the further benefit and purpose of protection of the Board of County Commissioners from any liability arising out of the maintenance, existence or operation of the gravel pit, or from the issuance of the permit. 6. The operator, by acceptance of this agreement, does hereby agree to construct a turn lane on Highway 82 at the entrance to the gravel pit in accordance with State Highway Department standards within 30 days of the issuance of this permit. Final paving shall not be the responsibility of the operator, 7. The permit outlined in this agreement does not include the location, installation or operation of hot mix facilities unless approved by the Planning Commission and the Board of County Commissioners in the future by an additional permit. 8, The operator agrees to limit all rock crushing operations to between the hours of 8:00 A.M. and 5:00 P.M. Monday through 0 Friday. 9..The operator, by acceptance of this agreement, does hereby agree to post a performance bond in the amount of $500.00 per acre for the benefit of the Pitkin County Board of County Commissioners Said bond is expressly posted for the purpose of ensuring full compliance with the terms contained herein for rehabilitation of the area already excavated and that area excavat:(z-:.d during the f:i;:. -r_ year of this permit, and any and all. other provisions of this agreement and the published Pitkin County Sand and Gravol. Regulat-or. Said bond must ba increased i-o cover rehal)l_1 itaLion of t'De £Lrcri s excavated in su( -)sequc.'i.it yea -:s., S�iid bond may be transferred OuujU _3_ upon approval of rehabilitation in one area and applied to any other segment of the permit area. Any required bond shall run for the length of the permit herein issued. Said rehabilitation shall include the following provisions: a. All slopes shall be structured or backfilled to allow for revegetation, and in any case the rehabilitated slope shall be no greater than 45 degrees or a minimum of 1:1. b. Measures shall be taken by the operator to ensure that top soil quality and quantity is sufficient and that irrigation is provided if necessary to allow for revegeta- tion of grasses based on recommendations of the Soil Conservation Service. c. The operator shall reseed all disturbed areas to grasses recommended by the Soil Conservation Service. d. Inspection shall be permitted by the Soil Conservation Service to evaluate rehabilitation measures and success of revegetation prior to the release of the aforementioned performance bond. 10. All conditions of the published Pitkin County Sand and Gravel Regulation not contained in this agreement are incorporated herein by reference and made a part hereof as if fully set forth herein. 11. The undersigned operator and bonding company have read the foregoing permit agreement, posted the performance bond and otherwise met or agrees to meet the terms, conditions and require- ments contained herein and does hereby accept all of the above terms. 12, Notwithstanding anything inenti.(aied liexF,in above, this applicaricrri will not prejudice In any way the o-Z extension of said 'j)c'7'i)..ii t 0 uuu33 r -4- By P.B. Hemann, Inc, By Bonding Company This permit agreement approved this day of , 1972 by the Board of County Commissioners of Pitkin County, Colorado pursuant to its resolution adopted on , 19720 Board of County Commissioners of Pitkin County, Colorado By Chairman IUUJ34 GENERAL INFORMMATION This form is arranged in the following order and asks for information as related to those processes directly involved with the emission into the atmosphere of air contaminants. A. GENERAL SOURCE INFORMATION: To be completed in detail by all sources required to file the "Air Contaminant Emission Notice." B. FUEL COMBUSTION INFORMATION: 1. List the fuel used in the appropriate space provided and the percent used for space heating and for process heat. 2. List the type of fuel- burning equipment, collection equipment, or control equipment used and the expected efficiency of collection or control equipment; for example, boiler, boiler cyclone, 80% collecting efficiency. C. BASIC PROCESS OR EQUIPMENT USED: 1. For basic process equipment, only that equipment which is a source of air contaminant (controlled or uncontrolled) should be listed; for example, boiler, solvent extractor, grinder, dryer, etc 2. Under this section, list only that equipment which is associated with, or a part of, the listed basic process equipment in Section C.1. above; for example, boiler, scrubber; kiln, scrubber; grinder, baghouse; dryer, cyclone; solvent extractor, afterburner; etc. 3. The amount of air contaminants should be tabulated. Where precise data is not available, an estimate subject to verification may be made. D. MANUFACTURING ACTIVITIES INFORMATION If the reporting of product data reveals confidential information indicate this by writing somewhere on the form or submit under separate cover. Only report products manufactured if the product results directly in the emission of an air contaminant. 1. Principal raw materials should be listed; for example, tons of rock crushed, chemicals consumed, alfalfa processed, etc. per year. 2. Principal products manufactured might include number of bricks, yards of concrete, barrels of fuel, etc., produced per year. E. REFUSE DISPOSAL INFORMATION Indicate the method of disposal and the amounts per year for both process and non - process solid wastes; for example, flyash, waste process material, hauled, land filled (quantity); paper, waste process material and office waste, incinerated (quantity), etc. F. PROCESS FLOW DIAGRAM, ETC.: May be a simple line drawing showing those points in the process involved with the emission of air contaminant. Indicate volumes, O UL i1i temperatures, and estimated quantities of the expected emission on the diagram as well as any supplemental information. H AIR CONTAMINANT EMISSION NOTICE The Colorado Air Pollution Control Act requires an "air contaminant emission notice" be filed with the Colorado Depart- ment of Health 'prior to the emission of an air contaminant from any facility, process, or activity, except residential structures. Any facility, process, or activity which is altered and results in an increaseiin emission of air contaminants must also file an if contaminant emission notice" with the Colorado Department of Health with respect to such proposed emission. A revised emission notice is required and shall be filed whenever a significant change in emissions shall have occurred. i AIR CONTAMINANT, IS DEFINED AS: Fumes, smake, particulate matter, vapor, gas, or,any combina- tion thereof, but not including water vapor or steam condensate. Effective July lo, 1970, no person shall discharge, or cause or permit Ito be discharged, into the atmosphere any air contaminant if an "air contaminant emission notice" has not been filed. Failure to comply with this provision of the Act is a misdemeanor and upon conviction thereof punishable by a fineof not more than one hundred dollars ($100) per day with elach day of violation a separate offense. The Air Contamination Emission Notice is to be completed in triplicate, and; all copies mailed to: I i I COLORADO DEPARTMENT OF HEALTH AIR. POLLUTION CONTROL DIVISION 4210 East 11th Avenue Denver, Colorado 80220 UU, J 31 6 June 28, 1972 The Pitkin County Planning and Zoning Commission Pitkin County Courthouse Aspen, Colorado Gentlemen: H. H. Hall, doing business as H. H. Hall Company, hereby makes application for a permit for the existing concrete batch plant, situate northerly of Highway 82 and easterly of the Gerbaz Homestead, comprising something less than two (2) acres in the unzoned portion of Pitkin County. This application is made pursuant to paragraph numbered 5, "Existing Operations" of the Pitkin County Sand and Gravel Regulations. The applicant, pursuant to paragraph la of said regulations, inquires of you to state your conditions before formal sub- mittal of an operational plan. Submittal of this application is done under protest and no waiver of rights to contest the validity and legality of the regulations as they pertain to existing operations may be inferred from this application and payment of the application fee (which likewise is paid under protest). Please address all communications with respect to this application as follows: H. H. Hall Company c/o John A. F. Wendt P. O. Box 12 Aspen, Colorado 81611 Thank you for your consideration. Very truly yours, H. H. Hall, d /b /a H. H. Hall Company jJ7 � N ,0rb') .a rt ! ei 0 d ) d ) ,a h. I � � IL d 4 r uI m VtllINI '7 IIM H I I i I 1 " ) G ( pl 1 I Ihll 1' � N 1 P v rI� V' I tl��� it + ;I jamil;'! �1 dulgi il141111i�Ii�I loll ;�iiilN¢IipF "�I,�'�� Gillulli, Ili Iu� !,4�In pit �M ) h0 h�. „ ti 1 .. a. 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