HomeMy WebLinkAboutbocc.res.027.2013 RECEPTION#: 599493, 05/14/2013 at
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1 OF 5, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, GRANTING ANNUAL REVIEW APPROVAL TO THE ELAM
GRAVEL PIT SPECIAL REVIEW PERMIT
Resolution No. Q:17-2013
RECITALS
1. By Resolution No. 88-47, the Board of County Commissioners of Pitkin County, Colorado
(BOCC), granted a special review use permit to Elam Construction, Incorporated (Applicant) for
the Elam Sand and Gravel Pit and Asphalt/Hot Mix/Concrete plant.
2. By Resolution No. 99-69, the BOCC extended the special review approval for 10 years, until
April 14, 2009.
3. By Resolution No. 129 -2006, the BOCC permitted an expansion of the pit and an extension
of the permit for 20 years, until 2026. This Resolution was subsequently vacated by judicial
proceeding pursuant to District Court Order Case Number P06 CV 230 and remanded to the
BOCC for further findings.
4. On March 25, 2009, the BOCC amended Resolution No. 99-69 to extend its expiration date
to allow Elam operations to continue.
5. Resolution No. 99-69 requires an annual review of the Elam operations at a public hearing for
compliance with all terms and conditions of the resolution and subsequent resolutions.
6. Resolution No. 052-2009 approved the Phase 2 expansion and an extension of the permit for
20 years. BOCC Resolution No. 36-2012 (Rec. No. 588258) approved an amendment to the
mining sequence at the pit. BOCC Resolution No. 66-2012 (Rec. No. 591220) approved
extended nighttime operations for the 2012 mining season only.
7. On April 10th, 2013, the BOCC held the annual review of the Elam Sand and Gravel Pit
Special Review Permit for the operation year of 2012 where members of the public had
opportunity to voice their comments.
8. The BOCC determined that the Applicant has been operating in compliance with the terms of
Resolution No. 99-69 and Resolution No 052-2009.
9. The BOCC further determines that the Applicant has satisfied the requirements of the 2012
annual review.
BOCC Resolution No. or 2013 Page I of3
NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of
Pitkin County, Colorado, hereby accepts the Elam Construction, Incorporated 2012 Annual
Review Report and requires the following measures in order to find Elam in compliance with
terms and conditions of approval.
1. All material representations made by the Applicant in the application, in subsequent
correspondence, and at the public hearing shall be adhered to and considered conditions of
approval.
2. The Applicant shall continue to be bound by all conditions of Res. No. 99-69 and Resolution
No. 052-2009, as amended.
3. The Applicant shall replant dead and/or dying vegetation in conformance with the approved
landscape plan pursuant to BOCC Resolution No. 52-2009. A professional shall be hired to
develop a planting, watering, and maintenance protocol for the vegetation that ensures their
survival in accordance with the approved plan. The professional report shall also indicate
the reason for non-survival of the previous vegetation, and prepare a plan for maturation of
the new vegetation that addresses the previous failures. The Applicant shall submit this to
the Community Development Department no later than June 1st, 2013.
4. The Applicant shall continue to implement the thistle elimination plan that was submitted
and approved by Community Development in 2012 and conduct a mid-summer evaluation
and spot spray of the thistle on or around August 1 St, 2013.
5. The truck parking area adjacent to the RV parking area shall have no more than 12 trucks
parked on site, at one time, and there shall be no more than 12 plug-in block heaters. Idle
time shall be limited to the length of time necessary to properly prepare the vehicle for use.
6. The two onsite wastewater treatment systems that have been inspected by a Pitkin County
Licensed inspector shall have reports finalized for those inspections and submitted to EH for
review by August 315t, 2013.
7. The Applicant shall continue to monitor soil and water pursuant to Resolution No. 52-2009
and Resolution No. 105-2000, however, monthly tests shall be conducted on the standing
water in the pit through October 2013, and the results shall be submitted with the 2013
annual review. The Environmental Health Department shall review the sampling process.
BOCC Resolution No. Of 2013 Page 2 of3
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON
March 7111, 2013.
APPROVED AND ADOPTED ON THE 10th DAY OF APRIL , 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
i / i By ie P, -2
Je. t ette Jones George Newman,,Cha aril
De Duty Clerk and ' ecorder Date Si/ Ili
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely Cindy Houben
County Ate Community Development Director
P19#:264316102010
P006-13
BOCC Resolution No. 1 9 2013 Page 3 of 3
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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 •
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Parcel#1—Mine Area
A not of land located within Section 16,Township 9S,Range 85W of the 6'"Principal
Meridian,Pitkin County,State of Colorado and being more particularly described as follows:
Beginning at a point on the easterly edge of the abandoned Denver and Rio Grande Railroad•
Rght of Way whence the N'A corner of said Section 16 bears N 18°00'06"W 164.84 feet;
Thence S 70°55'12"E 393.66 feet;
Thence S 68°39'07"E 527.45 feet;
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; •
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Thence S 84°47'32"E 369.63 feet to the point of intersection with the easterly Boundary Line of
said Section 16;
Thence S 00°24'36"E 2411.08 feet along said easterly section line to the northeasterly comer of
a tract of land described in Book 199 at page 162 of the Pitkin County Records;
Thence the following courses and distances along the northerly boundaries of those tracts of
lands described in Book 199 at page 162 and Book 250 at page 355 of the Pitkin County
Records:
S85°34'00"W 756.58',N 30°00'00"W 75.42',N34°50'00"W 284.00',N28°28'40"W
443.00',99.32' along the arc of a curve to the right having a radius of 349.24',N 12°11'00"W
• Vagneur Pit June 2012 1 2643-161-02-010
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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:Nl5°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'k NE''h of Section 16,Township 95,Range 85W of the 6a'
PM,Pitkin County,Colorado,said parcel being more fully described as follows:
Beginning at a point on the easterly edge of the abandoned Denver and Rio Grande Railroad •
ROW whence the north/corner of said Section 16 bears N 20°10'08"W 1693.50':
Thence-4-7:42'-alongtheareof-a-curvcto-the right-having-a-radiusof-8469':
• 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 55019'30"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 10432 acres is owned by Elam Construction,Inc.,who is also the
permittee. •
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Vagneur Pit June 2012 2 2643-161-02-010
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