HomeMy WebLinkAboutpitkin.planning.264316102010 (2014)DOCUMENT LAYOUT
THIS FILE LIIMD BELOW IN THE FOLLOWING ORRDE�RMATION
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, Referrals) Letter
Site Plan
Miscellaneous
Plat copies (11:1'1)
Parcel ID: 2643- 16 -1 -02 -010 Application Date: 1/30/14 Case No: P012 -14
Description: Elam/Vagneur Gravel Permit Annual Review 2014 Planner: Mike Kraemer
# Copies: 5
Allocated Hours: 4
% Over Hours: 4.8
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: EH & NR REFERRAL Other Referrals: Woody Creek Caucus 03/05/14
ALL OTHER REFERRALS
Comments Due Date: 03/07/2014
Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting:
Meeting Date: 03/26/2014
Review Body: bocc
Public Hearing? yes
Notice Date: 02120/2014
Meeting Notes:
Approvals:
BOCC Resolution #: 036- 2014 #609311 P &Z Determination #:
BOCC Ordinance # HO Determination #:
Admin Determination #:
Other Information:
VR Approval Date Plat Recorded Date:
VR Expires Date: Plat (Bk, PG):
Remarks: no vesting
Application Type: Annual BOCC Review
RECEPTION #: 509311, 04/09/2014 at
03:30 :25 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 ANNUAL REVIEW APPROVAL TO THE ELAM
GRAVEL PIT SPECIAL REVIEW PERMIT
Resolution No. 036 -2014
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 March 26`h, 2014, the BOCC held the annual review of the Elam Said and Gravel Pit
Special Review Permit for the operation year of 2013 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 2013
annual review.
BOCC Resolution No. 2014 Page I of 3
NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of
Pitkin County, Colorado, hereby accepts the Elam Construction, Incorporated 2013 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. Staff will conduct a progress site inspection of the landscaping in the Fall of 2014. If any of
the planted landscaping is dead or dying, it shall be replaced immediately and in accordance
with the approved landscape plan (Attachment A).
4. The Applicant shall continue to implement the thistle elimination plan.
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 31 ", 2014.
7. The Applicant shall continue to monitor soil and water pursuant to Resolution No. 52 -2009
and Resolution No. 105 -2000 with monthly tests conducted on the standing water in the pit
through October 2014, and the results shall be submitted with the 2015 annual review. The
Environmental Health Department shall review the sampling process.
BOCC Resolution No. 2014 Page 2 of
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON
February 20TH, 2014.
APPROVED AND ADOPTED ON THE 26ih DAY OF MARCH, 2014.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Je tte Jones Robert A. Ittner, Jr.,
De ty Clerk and Rec rder Chair
Date y/g
APPROVED AS TO FORM:
John -
ounty Attorney
PID#:264316102010
P012 -14
APPROVED AS TO CONTENT:
rt`
Cindy ou e 1 l tt
Community Development Director
BOCC Resolution No. _ 2014 Page 3 of 3
VAGNEUR GRAVEL PIT
PARCEL DESCRIPTION
The site is approximately 10 miles northwest of downtown Aspen. The total permit area is
104.72 acres, consisting of two parcels: one is 98.33 acres and the other is 6.39 acres.
LEGAL DESCRIPTION
A tract of land located within Section 16, Township 9 South, Range 85 West of the 61h Principal
Meridian, County of Pitkin, State of Colorado and being more particularly described as follows:
PARCEL 1 beginning at the Northwest Corner of the Northeast Quarter of Section 16, Township
9 South, Range 85 West, S 18 °00'06" E a distance of 164.84' to the Point of Beginning; thence S
70 °55'12" E a distance of 393.66'; thence S 68 °39'07" E a distance of 527.45'; thence S
56 °33'16" E a distance of 538.74'; thence S 53 °21'46" E a distance of 434.89; thence N
81 °18'38" E a distance of 409.36'; thence N 63 °51'28" E a distance of 218.35'; thence S
84 °47'32" E a distance of 369.63'; thence S 00 °24'36" E a distance of 2411.08'; thence S
•85 °34'00" W a distance of 756.58'; thence N 30 °00'00" W a distance of 75.42'; thence N
34 °50'00" W a distance of 284.00'; thence N 28 °28'40" W a distance of 443.00'; thence with a
curve turning to the right with an arc length of 99.32', with a radius of 349.24'; thence N
12 °11'00" W a distance of 150.00'; thence with a curve turning to the left with an arc length of
161.97'. with a radius of 243.31'; thence N 50 °19'30" W a distance of 250.00'; thence with a
curve turning to the right with an arc length of 103.50', with a radius of 600.00', thence N
40 026'30" W a distance of 359.94', thence with a curve turning to the left with an arc length of
62.06', with a radius of 484.85'; thence N 47 °46'30" W a distance of 260.94'; thence with a
curve turning to the left with an arc length of 77.71', with a radius of 114.69'; thence N
15 004'14" W a distance of 610.19'; thence with a curve turning to the left with an arc length of
200.35', with a radius of 1095.00'; thence N 25 °33'14" W a distance of 694.44'; which is the
Point of Beginning, having an area of 4283097 square feet, 98.326 acres.
PARCEL 2 beginning at the Southwest Corner of the Northeast Quarter of Section 16, Township
9 South, Range 85 West, N 70 °42'24" E a distance of 842.64' to the Point of Beginning; thence N
80 °03'00" E a distance of 634.37'; thence N 50 °19'30" W a distance of 250.00'; thence with a
curve turning to the right with an arc length of 108.67', with a radius of 630.00'; thence N
40 °26'30" W a distance of 359.94'; thence with a curve turning to the left with an arc length of
58.23', with a radius of 453.82'; thence N 47 °46'30" W a distance of 260.94'; thence with a
curve turning to the left with an arc length of 46.92', with a radius of 84.69'; thence S 10 °09'30"
E a distance of 870.74'; which Is the point of beginning, having an area of 278519.21 square
feet, 6.394 acres.
Uv�L1��
MEMORANDUM
TO: Pitkin County Board of County Commissioners
THRU: Cindy Houben`, ConuLty Development Director
FROM: Mike Kraemer, PlannerP�
SUBJECT: Elam Construction, Incorporated, Special Use Permit Annual Review for 2013 Operating
Season
DATE: March 26th, 2014
SUMMARY:
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. As a condition of this permit, the County required an annual public hearing for the
operator to demonstrate compliance with the conditions of the permit, for the County to require
corrective measures or to impose new conditions, and to provide an opportunity for citizen comment on
the operations. 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 residence owned by the
Braun 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) which granted approval of the request, specifically addressing District
Court Order Case Number P06 CV 230. BOCC Resolution made specific findings regarding a 1000'
setback requirement from the residence that is 480' from the expansion area. Resolution No. 052 -2009
required some additional items be addressed at the annual review for Phase 2 of the operation.
The pit received two separate BOCC approvals in 2012. Due to multiple paving projects awarded to
Elam in 2012, the Applicant requested that the approved mining method in the expansion area be
amended so that mining could occur at a faster rate. Specifically, the Applicant requested to use a larger
dozer and track hoe to mine material at a faster rate. The BOCC approved this amendment pursuant to
BOCC Resolution No. 36 -2012 (Rec. No. 588258).
The Applicant has also received 5 year Special Review approval for a commercial snow dump operation
that will expire in the 2015/2016 winter season, pursuant to BOCC Resolution No. 16 -2011. As required
by the Resolution, soil testing results were submitted and the snow dump is in compliance with adopted
standards.
APPLICANT: Elam Construction, Incorporated.
APPLICANT'S REPRESENTATIVE: Gayle Lyman
000001 we I
LOCATION: Elam Construction Sand and Gravel Pit and Asphalt/Hot Mix/ Concrete Plant, 7911
Upper River Road, Woody Creek.
ZONING: RS -20.
PROCESS: This review is to assess Elam's year 2013 compliance with the standards set in Resolution
No. 0052 -2009 and last year's annual review.
REFERRAL COMMENTS:
This item was referred to the Woody Creek Caucus and the Environmental Health Department (EH). The
Woody Creek Caucus District Planning Commission provided a referral letter (Attachment A). The letter
speaks to the landscaping that is required of Elam to be planted between the Phase 2 mining area and the
adjacent neighbor. The letter also requests that there be oversight of the selection of weed killers and
reclamation of weed infested areas. EH comments can be viewed as Attachment B.
ANNUAL REVIEW CRITERIA:
Resolution 052 -2009 requires review of the following:
1) Condition 5A - Submit a drainage plan for the eastern edge of the Phase 2 mining area.
Staff Response: This has been done and approved by the Planning Engineer in 2010.
2) Condition 18 states: "The Applicant shall control dust to be substantially the same or less than 14.0
pg /cu. meter of dust at the 480' residence under normal operating conditions. To ensure this, the
Applicant shall rater haul roads 4 times per day during dry conditions and Hater the northern portion of
Phase 2 within 1000' of the residence, as needed during mining operations ".
Staff Response: Staff received a dust complaint in June during the Elam mining season. Because the
complaint was filed the day after the alleged infraction, Staff was unable to see the dust first hand. The
complaint was forwarded to the Applicant.
3) Condition 19 states:
"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 Applicant
shall also limit the use of the Cat 966 loader or similar machine to at or below the 7403 elevation in the
northern area of Phase 2, where the former topsoil stockpile was to be located, or whatever elevation is
necessary to ensure the noise at the 480' residence does not exceed 48dB(A) ".
Pursuant to BOCC Resolution No. 36 -2012 (Rec. No. 588258) The following language was added to
condition # 19 of BOCC Resolution No. 052 -2009:
A. The Applicant shall be allowed to mine material in Phase 2 expansion area
using the following machines:
1. One (1) Cat 345 B Track hoe and three (3) Volvo A30 rock trucks; Or
2. One (])Cat 966 loader and one (])Cat D9N Dozer.
000002 Page 2 of
B. The following stipulations shall apply to these machines to ensure that the
48dB(A) noise level at the residence that is 480' from the Phase 2 expansion
area is not exceeded:
1. When using the Cat 345 Track Hoe, the middle of the radiator of the
machine shall always be a minimum of 9.5 vertical feet from the top of
the natural berm, as the excavation moves toward the north limit of the
permit area.
2. When using the Cat 966 Loader, the middle of the radiator of the
machine shall always be a minimum of 18 vertical feet fi -om the top of
the natural berm, as the excavation moves toward the north limit of the
permit.
3. When using the Cat D9 Dofer, the middle of the radiator of the machine
shall always be a minimum of 47.8 vertical feet from the top of the
natural berm, as the excavation moves toward the north limit of the
permit.
These numbers were calculated using the best engineering methods to obtain
the required limit of 48 d(B)A at the residence 480' from the Phase 2
expansion area. If later measurements show that the estimates are
inaccurate, the Cat 966 or the Cat D9 machines could move up or down
slightly to ensure that the 48 d(B)A threshold is not exceeded at the subject
residence.
Staff Response: Staff has been on site and viewed the expansion area and the berm. Staff has no reason
to believe the loader and track hoe are not being used at the approved elevation level.
Staff also conducted noise testing at the Elam property line and found the operation to be in compliance
with required noise levels. Additionally, the Applicant has tested noise at Elam property lines in accordance
with the County approved monitoring protocol. The noise test results are affixed to the application. The
maximum dB(A) at the property line for the Elam operation is 55 dB(A). Almost all tests were below this
maximum. One noise test at location 9 between June I' and July I" rendered a spike in dB(A) over the
maximum 55 dB(A). The remaining tests were compliance with the 55 dB(A) requirement at the Elam
property line. Monthly averages were below the maximum threshold.
A noise complaint was received in May from the adjacent neighbor stating that the crusher could be heard
into the evening.
4) Condition 20 states: "To mitigate additional noise impact the Applicant shall mine the expansion area
from 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 ".
Staff Response: It is evident this is occurring.
5) Condition 21 states: "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 ".
Staff Response: It is evident this is occurring.
Page 3 of 5
000003
BOCC Resolution 027 -2013 also required the following action items from previous years:
1. Condition 3 states: 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 Is` 2013
Staff Response: The Applicant submitted a landscape plan to Community Development for review and
approval. This plan included techniques to ensure proper survival of landscaping such as amended soils
and installation of a dedicated irrigation system. This plan (part of Applicant's submittal) was approved
and Staff conducted a site visit in November of 2013 to view the installation. The landscaping was
implemented according to the approved plan including the irrigation system. Staff will conduct an
additional progress inspection in the fall.
2. Condition 4 states: 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 P, 2013.
Staff Response: The Applicant has submitted this plan and implemented the thistle reduction measures.
The thistle has been treated and has been greatly reduced.
1) Condition 5 states: "The truckparking area adjacent to the RVparking 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. "
Staff Response: Staff has not received any complaints regarding this requirement. There are only 12
plugs in blocks at the RV parking area.
2) Condition 6 states: "The two onsite wastewater treatment systems that have been inspected by a
Pitkin Countv Licensed inspector shall have reports fnalifed for those inspections and submitted
to EH /NR for review by August 31s`. 2012. "
Staff Response: The systems are in good, working condition.
3) Condition 7 states: "The Applicant shall continue to monitor soil and water pursuant to
Resolution No. 52 -2009 and Resolution No. 105 -2000, however, monthly tests shall be conducted
on the standing water in the pit through October 2012, and the results shall be submitted with
the 2013 annual review. The Environmental Health Department shall review the sampling
process. "
000004 Page 4of5
Staff Response: The Applicant has submitted water and soil testing results for the 2013 season. The
results are located within the Applicant's submittal packet. Soil samples were reviewed by EH and are in
compliance with the established limitations in the above resolutions.
RECOMMENDATION:
Staff recommends that the Board approve the following motion, "to accept the Elam annual report for
2013 operations ", subject to the draft resolution.
ATTACHMENTS:
A. Woody Creek Caucus Referral
B. EH comments
0100005 Page 5of5
Michael Kraemer <michael.kraemer @pitkincounty.com>
" "RE: Elam/Vagneur Gravel Permit Annual Review 2014" (CASE P012 -14; PID
2643- 161 -02- 010)"
1 message
W-C Caucus <caucus81656 @gmail.com>
To: Michael .kraemer @pitkincounty.com
Wed, Mar 5, 2014 at 2:30 PM
Elam representative Gayle Lyman, Compliance Director at Elam Construction,
Inc., has met with the Woody Creek Caucus for discussion of the annual report,
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 area.
We note that inadequate watering has caused the death of trees planted on a
berm intended as a buffer between the Elam property and an adjacent
landowner. We recommend the planting of drought resistant vegetation, and
provision for a perpetual water source in the event that water - loving species are
chosen. We also recommend oversight of the selection of weed killers and
methods of reclamation of weedy areas.
For the Woody Creek Caucus,
By
Janet K. Schoebedein
7274 Upper Riker Rd.
PO Box 423
Woody Creek, CO 81656
970- 923 -0040, (x970- 922 -7295
000006
MEMORANDUM
To: Mike Kraemer, Planning Department
From: Kurt Dahl, Environmental Health Department
Date: March 17, 2014
Re: ElamNagneur Gravel Pit Annual Review (2014), (Case P012 -14;
Parcel ID #2643- 161 -02 -010)
-------------------------------------------------
-------------------------------------------------
SUMMARY OF RELEVANT PARTS OF APPLICATION: Elam Construction Inc. has submitted
an application for their annual review for the operation at the Vagneur pit.
DISCUSSION: The Pitkin County Environmental Health Department has reviewed the details of
the 2014 Annual Report for the Vagneur Gravel Pit under the authority of the Pitkin County Land
Use Code and the Pitkin County OWTS Regulation.
Resolution No. 052 -2009, "Approving the Elam Construction, Inc. Special Review to Expand the
Vagneur Pit," outlines conditions of approval.
A site visit was conducted on March 17, 2014 with Mike Kraemer of the Pitkin County
Community Development Department and Gayle Lyman of Elam Construction, Inc.
- -- WATER SUPPLY:
Bottled water for drinking is brought in for employees. Water is hauled in from Mid - Valley Metro
for plumbing within the office trailer.
There is a well (Colorado Division of Water Resources Well Permit Number 41824 -F -R) on
the lower part of the property, but is used for dust suppression; no potable uses. The well
is permitted for pumping that shall not exceed 230 GPM and use is limited to industrial and
irrigation purposes.
- -- SEWAGE TREATMENT AND COLLECTION:
Individual Sewage Disposal System (ISDS) Permit 89018 documents a system was approved
for use of the office by 6 employees. This system consists of one 1000 gallon tank and two
deep gravel trenches totaling approximately 100 square feet of absorption area.
ISDS Permit 98063 documents the system was approved for use by 20 RV units during summer
months. This system utilizes a 2000 gallon tank installed in 1998 and two existing 1250 gallon
tanks with effluent distributed via a distribution box to 8 deep gravel trenches for a total of 1820
square feet of absorption area. The area over the absorption field was seeded in the fall of
2008, and large boulders were placed around it to prohibit vehicles from driving over the area.
Pnmeeo a ydr Papa
000007
An inspection of both OWTSs was conducted on May 16, 2016 by Carla Ostberg of CBO, INC
(Pitkin County License number 17). The systems did not show any evidence of failure and were
generally in good physical condition. The inspector did make recommendations to replace the
outlet "tee" and add an effluent filter to the septic tank that serves the office and to pump the
debris out of the third tank that serves the RV parking area.
- -- AIR QUALITY:
The Environmental Health Office did not receive an air quality complaint in the last year.
At the site inspection on April 2, 2013 the dirt berm closest to noise sampling point #8 had a
straw mat covering it to help protect the seeded vegetation and to retain moisture. One of the
dust complaints submitted to the applicant stated dust was coming off of the berm and the mat
and future vegetation should resolve this issue. At the March 17, 2014 inspection the straw mat
was verified to still be in place.
Emissions Permits issued by the Colorado Department of Public Health and Environment
include:
X610 Crusher: 97PO0820
V -755 Asphalt Plant: 09PI1168
Vagneur Pit: 13PI388 -5
- -- NOISE:
The Environmental Health Office did not receive a noise complaint in the last year.
Elam does have a noise sampling protocol and performs daily readings at the northern most
points of the property. Gayle Lyman confirmed in conversation that the company's noise meter
is calibrated each year. The data indicates compliance with the noise regulations with one
sample above the 55 decibel threshold and this reading is discussed in the applicant's packet as
likely being influenced from external sources.
- -- WATER RESOURCES:
The area of the pit used for snow dumping in the winter is on a reclaimed area on the north end
of the pit.
Elam has developed a protocol for sampling both soil and water as part of Elam's Water
Resource Protection Plan.
Soil Sampling:
One composite sample is taken for each 20,000 cubic yards of soil. The soil is tested for the
following constituents:
• Total Recoverable Petroleum Hydrocarbons (TRPH)
• Benzene, toluene, ethylebenzene, and xylenes (BTEX)
• Total RCRA Metals
Water Sampling:
�fu Po-,.d on R cl.a P000008
Water samples are taken from surface water within the floor of the gravel pit. The water is
tested for the following constituents:
• Total Recoverable Petroleum Hydrocarbons (TRPH)
• Benzene, toluene, ethylebenzene, and xylenes (BTEX)
• Total RCRA Metals
Records of the samples were reviewed and all of the results were in compliance with the
allowable applicable standards. The spikes that were present in the 2012 samples were not
present in either the 2013 or 2014 samples.
Recommendation: This Department has no objection to continued operation, including
minor amendments.
vnmed on Feryaee Pacer
00 UOF
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. -2014
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 March 26th, 2014, the BOCC held the annual review of the Elam Sand and Gravel Pit
Special Review Permit for the operation year of 2013 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 2013
annual review.
BOCC Resolution No. 2014 Page Iof3
000010
NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of
Pitkin County, Colorado, hereby accepts the Elam Construction, Incorporated 2013 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. Staff will conduct a progress site inspection of the landscaping in the Fall of 2014. If any of
the planted landscaping is dead or dying, it shall be replaced immediately and in accordance
with the approved landscape plan (Attachment A).
4. The Applicant shall continue to implement the thistle elimination plan.
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 31", 2014.
7. The Applicant shall continue to monitor soil and water pursuant to Resolution No. 52 -2009
and Resolution No. 105 -2000 with monthly tests conducted on the standing water in the pit
through October 2014, and the results shall be submitted with the 2015 annual review. The
Environmental Health Department shall review the sampling process.
BOCC Resohdion No. 2014 Page 2 of
UUJ011
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON
February 20TH, 2014.
APPROVED AND ADOPTED ON THE 26`n DAY OF MARCH, 2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Jeanette Jones Robert A. Inner, Jr.,
Deputy Clerk and Recorder Chair
Date
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely Vm y NoWen
County Attorney Community Development Director
PID #:264316102010
P012 -14
BOCC Resolution No.
2014 Page 3 of 3
t,f, I TZ G ( U L 0
1 lA(OOPM
PO Box 423
Aspen, Colorado 61612
Tel: 970.920.3005
Fax: 970.279.5252
www.fitzgeraldlandscaping.com
Proposal for Landscaped Berm
Client: Elam Construction
Location: Vagneur Gravel Pit
Prepared By: Jeff McMahan
Last Edited on: Friday, May 03, 2013
DESIGN INSTALL MAINTAIN
Reasons for Failure
The Vagneur Gravel Pit Berm is located between 7,000 and 8,000 feet of elevation. The current
planting along the berm are as follows Narrowleaf Cottonwoods, Aspens (Single stems), Ponderosa
Pines, Colorado Spruce, Rocky Mountain Juniper, Rocky Mountain Maple, and the Curlleaf Mountain
Mahogany.
The current planting have already died or are dying and will eventually need to be replaced.
Upon looking at the trees and shrubs one can tell that the primary reason that they died was improper
planting techniques. Although the plant selection does work in the Roaring Fork Valley, the specific
location is not best suited for some of the plants.
Following are many measures that were not taken to ensure the life and vitality of these plants.
Many of the plants were left entirely balled and burlapped, you can tell by the exposed burlap on some
of the plants, but by the evergreens shoots curling downward and toward the plant. The steel cabling
used to secure the plant was also left on (Refer to Figure 1).
The root ball should be left between 2 and 4 inches above the
surrounding soil. It does not appear that any topsoil was used
to amend the heavily clay soil used to backfill the transplanted
trees. The tree rings used to help water the tree should be
removed after one year, once the plant has had sufficient time
to establish its root system. Finally, the tree staking used to
secure the trees should also be removed after one full growing
season.
The spruces did show signs of a weevil infestation and the aspens had cankers present.
0 00014
Installation Instructions
1. Prepare a hole at least two times
that of the root ball.
2. Create a pedestal in the center of
the hole for the rootball to rest on
3. Completely remove all the wiring
and burlap from the rootball. Also ensure
to remove all flags and tags from the tree.
4. Do not put fertilizer in the hole
with the rootball this may cause root
stress.
5. Backfill the hole with amended
topsoil.
6. Be sure to leave at least 3" of the
rootball exposed above the backfill.
7. Place a minimum of 3" of mulch in
the ring to prevent frost damage in winter
and help retain water in summer.
8. Be sure to keep the mulch at least
4" from the trunk of the tree to prevent
rot.
9. Stake and guy the tree with two stakes. Add more as needed. (This does not need to be done
for small plants or shrubs)
10. Apply tree wrap in the fall before it snows to protect the young back from cracking. (This does
not need to be done for conifers or shrubs.)
11. Apply fertilizer in fall before snow for winterization purposes
000,315
Maintenance Practices
• Deciduous Trees - Quaking Aspen, Narrowleaf Cottonwood, Common Hackberry, Bigtooth Maple
• pick up loose branches
• Prune out dead limbs once the trees have reached maturity
• Fertilize three times per year using Age Old Organics: Dry Fruit 2- 10 -20. Once during
Spring Start-up. Once mid - summer, and once for fall Winterization Purposes.
• Ensure all staking and wiring is secured for the first growing season. Remove the staking
afterward.
• Apply Dewitt Tree Wrap at end of growing season in fall for winterization purposes. Do
this for two -three growing seasons, or until the plant has developed a hardy enough
bark.
• Apply mulch for the first growing season to protect the root ball from frost damage over
the winter.
• ConiferTrees — Ponderosa Pine, Colorado Spruce, Rocky Mountain Juniper, Austrian Pine
• Weed out and trim any dead branches, Thistles can grow and spread.
• The RMJ can become ratty looking when not used as a windscreen, prune as necessary.
• Fertilize three times per year using Age Old Organics: Dry Fruit 2- 10 -20. Once during
Spring Start-up. Once mid- summer, and once for fall Winterization Purposes.
• Ensure all staking and wiring is secured for the first growing season. Remove the staking
afterward.
• Pine Beetles and Weevils have recently been seen infesting Junipers and Spruces should
this arise an insecticide will be applied prior to beetle flight into the area every year.
• Apply mulch for the first growing season to protect the root ball from frost damage over
the winter.
• Small Trees and Shrubs — Rocky Mountain Maple, Curlleaf Mountain Mahogany, Mountain
Mahogany
• Prune in Spring to promote new growth until the plant has reached maturity.
• Fertilize three times per year using Age Old Organics: Dry Fruit 2- 10 -20. Once during
Spring Start-up. Once mid - summer, and once for fall Winterization Purposes.
• Apply mulch for the first growing season to protect the root ball from frost damage over
the winter.
000016
Recommended Actions
There are a few plants that I could see trying to save, but not as many as originally expected. A
few of the Rocky Mountain Junipers and maybe three of the Ponderosa Pines can be saved. This can be
done through proper pruning, and fertilization for the specific plant. It can also be accomplished by
transplanting the tree into a more heavily amended soil. In the long run this is not recommended
because it may end up being more costly to try to save them than just getting new healthy trees.
It is my recommendation to replace all of the plants at once. This may seem like a costly
venture but it will save more money than trying to revive the unhealthy trees. Finally, adding in a drip
irrigation system for the plants would greatly increase the chances of their survival. Daily watering is
key for newly transplanted trees. On average trees need approximately 10 gallons of water per caliper
inch per day. Usually I like to water each tree with about 30 gallons of water a day. I do recommend
substituting some of the plants with another variety. Please see the amended Plant list for the
substitutions and reasoning as to why.
000017
Plant List
Narrowleaf Cottonwood — Sub Common Hackberry (1 %" Caliper) Qty: 5
This was a good selection for the area. The main issue with this planting is that the
Cottonwoods planted enjoy growing along water courses. There is a water course in this area but the
elevation difference between the planted trees and the water was too great.
The Common Hackberry would be a good substitute for this tree. It does enjoy rich moist soil,
but grows in almost any soil, and adverse conditions. They usually only do well to an elevation of 7,000
feet. Should this pose a problem due to elevation or fruiting I will be more than happy to change the
selection to suit your needs.
Aspen —Sub Bietooth Maple ( #10)
Qty: 12
This plant lives in a variety of soils from clays to sands. It is more drought tolerant than aspens
and thrives in a full sun environment.
Ponderosa Pine— No Sub Required (6 Foot B &B) Qty: 9
You may want to consider subbing this for the Austrian Pine as well.
Colorado Spruce — Sub Austrian Pine (6 Foot B &B) Qty: 9
The reason this tree most likely failed was the dry soil it was planted in. This plant usually
prefers rich moist soils but is very adaptable and more drought resistant than other piceas. These trees
also showed evidence of white pine weevil infestations.
The Austrian Pine would make an excellent substitute. It is rarely attacked by weevils,
withstands many different soils including clayey alkaline soil, and enjoys full sun exposure. Finally, this
tree acts as an excellent screen /wind break for neighbors due to its dense pyramidal branching pattern.
Rocky Mountain Juniper— No Sub Required (S Foot B &B)
Qty: 14
Rocky Mountain Maple — No Sub Required ( #5)
UUUUi8
Qty: 7
Curl leaf Mountain Mahogany —Sub Mountain Mahogany ( #5) Qty: 9
The Curlleaf is native to the Western slope, but the Mountain Mahogany has a much
larger range. This means is adaptable to many different soil types and would have a greater possibility
of succeeding.
Note:
All information regarding these trees was found using the Manual of Woody Landscape Plants
by Michael A. Dirr.
000019
Common Illnesses
Populus augustifolia-N arrow leaf Cottonwood
These suffer from a multitude of diseases and a host of bacteria, and insects. The most common
problem these trees suffer from are cankers. They are a poor tree with little to no landscape
value.
Populus tremuloides- Quaking Aspen
This plant has the same issues as all plants in the Populus family. The main difference being that
is has a high tolerance to many of the diseases and insects that can attack the tree. That being
said is can have these diseases but will live through it due to its highly diverse range and short
lived life span.
Pinus ponderosa- Ponderosa Pine
This conifer suffers from many diseases including, root rot, dieback, tip blight, rust, cankers, twig
blight, leaf cast, and needle blight. Infestations are also common among many different insects.
Picea Pungens — Colorado Spruce
This conifer suffers from many diseases including, root rot, dieback, tip blight, rust, cankers, twig
blight, leaf cast, and needle blight. Infestations are also common among many different insects.
Juniperusscopulorum -Rocky Mountain Juniper
Phomopsis blight and rust are two most common problems with these plants. Botryosphaerio
stevensii can cause cankers to appear (Most commonly found if they are planted as a
windbreak).
Acer grandidentatum — Bigtooth Maple
• Leaf scorch and wilt are the only problems with this plant.
Cercocarpus ledifolius — Curlleaf Mountain Mahogany
There are no serious diseases or insects that infest this plant; it is enjoyed by the elk and deer in
the area.
Cerceocarpus montanus —Mountain Mahogany
There are no serious diseases or insects that infest this plant; it is enjoyed by the elk and deer in
the area.
Celtis occidentalis — Common Hackberry
000020
• There are a few diseases this plant gets, like witches broom, none of which are life threatening.
It does produce berries that bears may enjoy.
Acer glabrum - Rocky Mountain Maple
Leaf scorch and wilt are the only problems with this plant.
Pinus nigra — Austrian Pine
This tree is rarely attacked by weevils. There is a nematode that does infest the tree but all the
reports come from eastern and Midwestern states.
0 00021
Jr
,�,. •, Michael Kraemer< michaeE .kraemer @pitkincounty.com>
Elam
5 messages
Bill and Gail Braun <braunranch @gmail.com> Wed, Jun 5, 2013 at 8:21 AM
To: Michael Kraemer < Michael .Kraemer @co.pitki n. co. us >, Jody Edwards <jee @kcelaw.net>
Good Morning Mike,
I did not get a chance to email you on Monday- June 3rd. At about
2:30 -3:00 , there were very big winds. As a result of these winds, coming from
Elam was a "HUGE" dust storm, the sky was as if a fire, - smoke like and
heavy with "DUST'!
We were at our bam, giving a tour. I noticed at that time there was a
white Pitkin County vehicle , stopped at our bam gate. I was hoping it was
you or a staff member monitoring Elam. I believe with their current mining
STYLE, this will only be a reoccurring situation as summer, and dry
conditions prevail.
believe, from a conversation with Dave , a summer ago, that Elam
is mining at a steep grade not in accordance with state mining regulations.
How can they meet their dust requirements? Unfortunate , for us our
windows were open that day, leaving interior dirt to clean , as well as
the exterior decks that were just power washed and sealed. Maybe Elam
should come do the re -power washing for me....
Please get back with me, I'm wondering if that was your Pitkin County vehicle
this situation.
Thank you,
Gail Braun
Michael Kraemer < Michael .Kraemer @co.pitkin.co.us>
To: Gayle Lyman < Gayle .Lyman @elamconstruction.com >, Patrick Bourke
< Patrick. Bourke @elamconstruction. com>
Hi Gayle, from Gail B.
Mike
Mike Kraemer
Planner
Community Development Department
Pitkin County
130 S. Galena Street Aspen, CO 81611
IOT Z
, and your thoughts on controlling
Wed, Jun 5, 2013 at 9:27 AM
FW: Elam /Braun
8, McS.3geS
Michael Kraemer < michael .kraemer @pitkincounty.com>
Michael Kraemer < Michael .Kraemer @co.pitkin.co.us>
To: Lance Clarke <Lance.Clarke @co.pitkin.co.us>
Let the summer begin.... Ugh.
From: Bill and Gail Braun [mailto:braunranch @gmail.com]
Sent: Tuesday, May 14, 2013 5:11 PM
To: Michael Kraemer
Subject: Elam /Braun
Good Evening Mike,
I just came back from a walk with our dogs. The noise from Elam is
very disturbing! The crusher is going full on , and it is echoing. Also , there
is a lot of LOUD , banging and grumbling noise, coming from just behind the
house in the direction of the "New Mining" permit area.
This was between 4:30 -5:00, the walk. Now as I'm writing this in our
HOUSE, I can still hear the rumbling and crusher. We also have a N on
in the room next.
This seems beyond normal , to hear in the house with other back ground
Wed, May 15, 2013 at 8:55 AM
noises.
Please call me tomorrow. I have seen no activity of new planting of
trees going on yet. The weather certainly , is the best now for planting and
getting the extra benefit of mother natures, rain! Before they must truck water
to the "hopeful REPLACEMENT TREES, AS WELL AS ADDED TREES,FOR THE
DEAD AND LOSS OF GROWTH TREES.
Yours. Gail
(5:08- and still hear noise in out house!!!!)
2
January 30, 2014
_-1,01 A �,
Mr. Mike Kraemer
Pitkin County Community Development
130 South Galena St.
Aspen, CO 81611
CONSTRUCTION, INC.
556 Struthers Avenue
Grand Junction, CO 81501 -3826
(970) 242 -5370 Fax (970) 245 -7716
www.elamconstruction com
RE: Resolution 052 -2009, Vagneur Gravel Pit Annual Report. Parcel I.D. 2643- 161 -02 -010.
Mike,
As specified in the Pitkin County Pre - Application Conference Summary please find the following
attachments for the "Annual Review for the 201'3 Elam Construction Activities"
• A check # 16413 in the amount of $2,109.00 for the application fee
• Pitkin County Pre - Application Conference Summary Sheet
• Signed Fee Agreement
• List of property owners within 300' of subject Property
• Site Vicinity Map
• Parcel Legal Description
• 5 copies of Annual Report
Please contact me at (970) 242 -5370 or gavie.lVman2elamconstruction.com if you have any questions.
Submitt d By:
Gayle L. `'man
Compliance Director
Elam Construction, Inc.
enclosure
nrrwry rnTFNTV PUP- 1PPLICATION CONFERENCE SUMMARY
LOCATION: Elam Gravel Pit, 7943 Upper River Road P1D# 2643161 U20 U
OWNER: Elam Construction Inc. ZONING: RS -20 ACRES: 107
REPRESENTATIVE: Gayle Lyman PHONE: 970 - 260 -9902 EMAIL: Gavle .Lyman(a)elamconstruction.com
DATE: January 16, 2014 PLANNER: Mike Kraemer, 920.5482
Type of Application: Annual Review for the 2013 Elam Construction Activities
Description of Project/Development: The Applicant is requesting to submit the Elam Annual Review pursuant to BOCC
Resolution No. 99 -69 and 052 -2009.
Land Use Code Sections to be addressed in letter of request (application):
See BOCC Resolution No.'s 99 -69 and 052 -2009
Staff will refer the application to the following agencies: Woody Creek Caucus and EH /NR
Review by: BOCC
Public Hearing: Yes. The Applicant shall post a public notice sign on the property at least 15 days prior to the date
specified for the Administrative Decision pursuant to Sec. 2- 20- 100(a)(3) of the Land Use Code. hi addition, the
Applicant shall mail notice (by I" Class mail) to all property owners within 300' of the subject property with the return
address of the Community Development Department (form of notice to be obtained from the Community Development
Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more
than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks
from the date the notice was postmarked to submit comments or objections to the Community.
FEES: $2,109 (make check payable to " Pitkin County Treasurer ")
• Planning Office flat fee: $1,248 (non - refundable; based on 4 hours of staff time for review); if staff review time
exceeds 4.8 hours, the Applicant will be charged for additional time above 4 hours at a rate of $312/hour)
o Public Notice Fee: $54
o BOCC Clerk Fee: $375
o EH Fee for Annual Review: $432
To apply, submit 5 copies (One (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 resolutions listed above.
2. Proof of ownership of subject property;
3. Parcel description, including legal description and vicinity map:
4. Total fee for review of the application;
5. Signed fee agreement (1 copy);
6. Consent from owner(s) to process application and authorizing the representative (1 copy)
7. List of all property owners within 300' of the subject property (1 copy)
8. Copy of this pre -app form
;��u02
NOTES:
'r PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPY OF YOUR COMPLETE APPLICATION PLEASE
SUBMIT TWO -SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE
PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION
v ALL MAPS SHALL BE FOLDED.
r This pre- application conference summary is advisory in nature and not binding on the County. The ii formation
provided in this summary is based on current zoning standards and staff's interpretations based upon
representations of the applicant. Additional information may be required upon a complete review of the application.
v::.'J03
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter "COUNTY ") and
(hereinafter "APPLICANT ") AGREE AS FOLLOWS:
I . APPLICANT has submitted to COUNTY an application for /ynn tz a- ye c c✓
A . 2a / 7 E�a Y �o v �r w c f -'� (hereinafter, the "PROJECT ").
e f,•✓., 71 "C S
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 $! .Z
which is based on 1 hours 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 �/w do"aZe�e, -'� —7rC-
( "APPLICANT ")
Cindy Houben
Community Development Director
t
U 6J.
By. / /J —
ec ✓L 1.UV✓/ /4 rote So;/^�G
Print ame and T tle (if appl cable)
Date: �h 3 C, y
Mailing Add�r%ess:
il
26 LIBERTY LANE LLC ASPEN FIRE PROTECTION DISTRICT ASPEN SPORTS CAR CLUB LLC
1325 SIERRA VISTA DR 420 E HOPKINS AVE PO BOX 549
ASPEN, CO 81611 ASPEN, CO 81611 WOODY CREEK, CO 81656
ASPEN /PITKIN COUNTY HOUSING B WILLSON ENTERPRISES INC BATINKOFF RANDALL M 1/3
AUTHORITY PO BOX 82 516 CROSS RIVER RD
530 E MAIN ST #001 WOODY CREEK, CO 81656 KATONAH, NY 10536
ASPEN, CO 81611
BOUMAN DAVID BOWERS THOMAS J BRAUN WILLIAM & GAIL
PO BOX 594 408 S HUNTER PO BOX 337
WOODY CREEK, CO 81656 ASPEN, CO 81611 WOODY CREEK, CO 81656
BROWN COLLEEN M COLANERI JUDITH LUCIA CRAIG KATHLEEN
405 AABC STE D PO BOX 8653 PO BOX 466
ASPEN, CO 816113543 ASPEN, CO 81612 GREAT BARRINGTON, MA 01230
DEYOUNG MARK R DINSMOOR WILLIAM P J & JANE K A ECKARDT DAVID W
PO BOX 333 PO BOX 121 PO BOX 457
WOODY CREEK, CO 81656 WOODY CREEK, CO 81656 WOODY CREEK, CO 81656
KEATING LEE A KRILL GARY G & DORIS AUDREY LIEBMANN LEE M
408 S HUNTER ST PO BOX 143 PO BOX 10
ASPEN, CO 81611 WOODY CREEK, CO 81656 WOODY CREEK, CO 81656
MANAUS FUND MOONEY MAUREEN JULIENNE OVERBO BRIAN E
PO BOX 2026 BOX 401 PO BOX 92
CARBONDALE, CO 81623 WOODY CREEK, CO 81656 WOODY CREEK, CO 81656
PATRICK KEVEN L PITKIN COUNTY ROLAND ANNE S
PO BOX 608 530 E MAIN ST #302 PO BOX 9968
WOODY CREEK, CO 81656 ASPEN, CO 81611 ASPEN, CO 81612
SAUCEDO JOSE HUGO SCHLEIN RICHARD SLOEZEN ROBERT
PO BOX 91 PO BOX 44 PO BOX 284
WOODY CREEK, CO 81656 WOODY CREEK, CO 81656 WOODY CREEK, CO 81656
UILLIER ROBERT P TOPPINO JON PAUL VILLALOBOS JUAN ANTONI
TH
TH BOX 392 10250 CONSTELLATION BLVD PO BOX 342
WOODY CREEK, CO 81656 STE 2770 WOODY CREEK, CO 81656
LOS ANGELES, CA 90067
VOLCKHAUSEN WILLIAM WAGNER MONA LISA WESTERN MOBILE NORTHERN INC
PO BOX 216 PO BOX 453 12735 MORRIS ROAD EXTENSION #400
WOODY CREEK, CO 81656 WOODY CREEK, CO 81656 ATTN: LAND DEPARTMENT
ALPHARETTA,GA 30004
WINSTON GORDON R 1/3
516 CROSS RIVER RD
KATONAH, NY 10536
WOODY CREEK DEVELOPMENT CO
6804 2ND ST
LUBBOCK, TX 79416
WOLKOFF STEPHANIE WINSTON 1/3
791 PARK AVE #2A
NEW YORK, NY 10021
WOODY CREEK MOBILE HOA
PO BOX 95
WOODY CREEK, CO 81656
WOODY CREEK CENTER CONDO
ASSOC
0002 WOODY CRK PLAZA
WOODY CREEK, CO 81656
WOODY CREEK CAUCUS
PO BOX 423
WOODY CREEK, CO 81656
VAGNEUR GRAVEL PIT
VICINITY MAP
000007
VAGNEUR GRAVEL PIT
PARCEL DESCRIPTION
The site is approximately 10 miles northwest of downtown Aspen. The total permit area is
104.72 acres, consisting of two parcels: one is 98.33 acres and the other is 6.39 acres.
LEGAL DESCRIPTION
A tract of land located within Section 16, Township 9 South, Range 85 West of the 6th Principal
Meridian, County of Pitkin, State of Colorado and being more particularly described as follows:
PARCEL 1 beginning at the Northwest Corner of the Northeast Quarter of Section 16, Township
9 South, Range 85 West, S 18 °00'06" E a distance of 164.84' to the Point of Beginning; thence S
70 °55'12" E a distance of 393.66'; thence S 68 °39'07" E a distance of 527.45'; thence S
56 °33'16" E a distance of 538.74'; thence S 53 °21'46" E a distance of 434.89'; thence N
81 °18'38" E a distance of 409.36'; thence N 63 °51'28" E a distance of 218.35'; thence S
84 047'32" E a distance of 369.63'; thence S 00 °24'36" E a distance of 2411.08'; thence S
85 °34'00" W a distance of 756.58'; thence N 30 °00'00" W a distance of 75.42'; thence N
34 °50'00" W a distance of 284.00'; thence N 28 °28'40" W a distance of 443.00'; thence with a
curve turning to the right with an arc length of 99.32', with a radius of 349.24'; thence N
12 °11'00" W a distance of 150.00'; thence with a curve turning to the left with an arc length of
161.97'. with a radius of 243.31'; thence N 50 °19'30" W a distance of 250.00'; thence with a
curve turning to the right with an arc length of 103.50', with a radius of 600.00', thence N
40 °26'30" W a distance of 359.94', thence with a curve turning to the left with an arc length of
62.06', with a radius of 484.85'; thence N 47 °46'30" W a distance of 260.94'; thence with a
curve turning to the left with an arc length of 77.71', with a radius of 114.69'; thence N
15 004'14" W a distance of 610.19'; thence with a curve turning to the left with an arc length of
200.35', with a radius of 1095.00'; thence N 25 °33'14" W a distance of 694.44'; which is the
Point of Beginning, having an area of 4283097 square feet, 98.326 acres.
PARCEL 2 beginning at the Southwest Corner of the Northeast Quarter of Section 16, Township
9 South, Range 85 West, N 70 042'24" E a distance of 842.64' to the Point of Beginning; thence N
80 °03'00" E a distance of 634.37'; thence N 50 °19'30" W a distance of 250.00'; thence with a
curve turning to the right with an arc length of 108.67', with a radius of 630.00'; thence N
40 °26'30" W a distance of 359.94'; thence with a curve turning to the left with an arc length of
58.23', with a radius of 453.82'; thence N 47 °46'30" W a distance of 260.94'; thence with a
curve turning to the left with an arc length of 46.92', with a radius of 84.69'; thence S 10 °09'30"
E a distance of 870.74'; which is the point of beginning, having an area of 278519.21 square
feet, 6.394 acres.
� v
TRUSTEE'S DEED m 497 Pay 14 7
THIS TRUSTEE'S DEED, made this 13th day of September,
1985, between CLAYTON L. VAGNEUR, AS SOLE TRUSTEE OF THE
CLARICE J. VAGNEUR 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 PitkinlCi;{ �1��
Colorado, to -wit:
Lot 1, Elam Subdivision, according to the Plat 23
thereof recorded June 2, 1982, in Plat Book 13 a
Page 47 as Reception No. 241658, 1 5a. 39
Together with any and all easements, rights of way
and appurtenances thezeunto 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 subject 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, warrants the
title thereto against all persons claiming under him.
IN WITNESS WHEREOF. Grantor has executed this Trustees'
Deed the day and year first above written.
Clayt9d L. Vagneur ac ole Trustee
Of the Clarice J. Vagneur Trust
created under the Will of Sullivan
Vagneur, Deceased
STATE OF COLORADO )
es.
COUNTY OF GARFIELD )
The within an � foregoing instrument was acknowledged
before me this /V day of September, 1985, by Clayton L.
�A A'tYkT%as Sole Trustee of the Clarice J. Vagneur Trust
���e� Eaq,.pitgor. the Will of Sullivan Vagneur, Deceased.
-• `jOT�INE.S: my hand and official seal.
o dlig eQ®mission expires: -7/&/S7
OF tr�r
Notary Public
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LA
ti
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
GRANTING FINAL PLAT APPROVAL TO THE
ELAM CONSTRUCTION, INC. SUBDIVISION
Resolution No. 82 - 10
WHEREAS, the Vagneur Ranch Co., a limited partnership, is the owner 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 for
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
WHEREAS, the applicable sections of the Pitkin County Land Use Code have
been addressed in this Final Plat submission to the satisfaction of the
Commission.
NOW, THEREFORE, BE IT RESOLVED that final Plat Approval for subdivision
of the Vagneur Ranch property into two parcels, these being Lot 1 of 104.78
acres and Lot 2, the fathering parcel, be granted with the following conditions:
1. Prior to recordation, the Final Plat is approved by the County
Engineer and the County Attorney. Language shall be included on the-
plat concerning the small parcel to indicate that it is not developable
or conveyable as a separate parcel.
2. Primary treatment of sewage disposal from the employee trailers be
instituted.
3. Any future wells be placed at minimum distance from any sewage
disposal systems.
4. The existing dry well bore be filled, grouted for the top 25 feet and
properly capped or if the well is drilled deeper and found to be
V r 4
useful, the present sewage system will be relocated to the specifica-
tions of the Environmental Health Department.
Approved by the Board of County Commissioners at their regular meeting on
February B. 1982.
ATT
0.L
Deputy County Clerk
BOARD OF COUNTY COMMISSIONERS OF PITKIN
APPROVED AS TO FORM:
a Stoller, ounty Attorney
r.1 A 11
Exhibit A
CER ri ir.:r.%,7, q•t CAF pl`t°'...dMO d ANn CNV :'s:.
040.V ALL "ON 6Y 7=5e rIKK9?iT3 TAR Vi�.+�`l.!� RI.`KH C9t. A LIMI7£n &AK Y7C4 LIC. Z-H -CM.
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,J,J012
ELAM CONSTRUCTION, INC.
VAGNEUR GRAVEL PIT
2013 ANNUAL REPORT
Pitkin County, Colorado
January 30, 2014
INTRODUCTION — On August 12, 2009 the Pitkin County Commissioners granted Elam
Construction, Inc. a 20 -year extension to the permit allowing continued operation at the Vagneur
Gravel Pit, with the approval of Resolution 052 -2009. One of the conditions contained within
the operational permit requires the filing of a written report with the County demonstrating
compliance with the conditions of the permit and the County Land Use Code. The report is
required to contain an estimate of gravel reserves remaining on the site and an inventory of
petroleum products contained on site.
In 2012, Elam requested a Minor Amendment to the Phase 2 mining plan for alternate mining
methods. In addition to the originally approved mining method of utilizing one (1) Caterpillar
D9N Dozer and one (1) Caterpillar 966 loader, Elam requested the use of one (1) Caterpillar
345B Track Hoe and three (3) Volvo A30 rock trucks to haul the mined material to the
processing area in Phase 1. Elam was granted this amendment by BOCC Resolution 036 -2012.
Major activities, which occurred during 2013 within the existing permitted site include:
• Extraction of gravel deposits.
• Crushing and processing of gravel deposits. Crushing of material occurred during
the months of April through July.
• Stockpiling of extracted and processed gravel.
• Intermittent operation of an asphalt plant.
• Operation of a concrete batch plant.
Scale and office facilities.
• Re- cycling of asphalt rubble.
• Acceptance of snow
RECLAMATION — Backfilling and sloping efforts began during the summer of 2000 and
continue as of this date. Approximately 18 acres in the northerly most portion of the pit are
being backfilled and sloped in accordance with the approved reclamation plan. Reclamation
efforts continued intermittently thorough out 2013.
FUEL STORAGE AREAS — Two primary fuel storage areas are currently located on the site.
The first is a 1,200 square foot area adjacent to the main office. The other is near the concrete
batch plant that has been designated as a fuel storage facility. An asphalt oil tank is located
adjacent to the asphalt plant. Also a diesel fuel tank is located near the portable gravel - crushing
unit. All fuel is stored in aboveground tanks and has lined containment dikes to prevent any
discharges of fuel from leaving the site or percolating into the ground. An engineered Spill
Prevention, Control and Counter Measure Plan (SPCC) has been developed for this site. A key
PID #2643 - 161 -02 -010
�:iU
element of the SPCC plan includes annual training for workers at the facility for spill
containment and controls in the event that a spill should occur. Petroleum products stored on site
are depicted on the following chart:
PETROLEUM PRODUCT STORAGE
Type of Oil or Oil
Product Stored
Type of Tank or
Storage Container
Number of
Tank(s) or
Storage
Containers
Max. Storage Cap. of
Ea. Tank/ Container
(gal)
Total Storage
Capacity (gal)
Diesel Fuel # 2
Steel
one
5.900
5,900
Diesel Fuel # 2
Steel
3
10,000
30.000
Diesel Fuel # 2
Steel
1
16,000
16,000
Gasoline
Steel
one
4,000
4.000
Use Oil
Plastic
one
250
250
Lubricating Oil
Steel
9
55
495
Asphalt Oil
Steel
one
25,000
25,000
LIFE OF MINING AREA - Several factors affect the life of most sand and gravel operations.
Most notable are the surrounding communities' future gravel, asphalt and concrete needs. Other
factors include:
❑ Local, State, and Federal Economic Trends
❑ Future Local Growth Trends
❑ Major Public Improvement Projects —
Highway & Roads
Rail and Airport
Major School
Major Governmental Building
❑ Major Commercial Buildings
One method in determining the life of an operation is to evaluate the past demand for gravel
resources. By using the last five years of production at the Vagneur Gravel Pit in conjunction
with the remaining resource, it is forecasted that the gravel within the Phase 1 area was nearly
depleted in 2009. The Phase 2 mining expansion area, which was granted in Resolution 052-
2009, will provide an additional 20 years of resource beyond 2009, depending on local economy.
It should be pointed out that forecasts are based on current and past information. Inherent with
any forecast is a degree of uncertainty.
STATE MINING AND RECLAMATION PERMIT — Elam maintains a reclamation and mining
permit issued by the State Division of Reclamation, Mining and Safety.
Jju'014
PID #2643 - 161 -02 -010 2
WOODY CREEK CAUCUS — Representatives from Elam met with members of the Woody
Creek Caucus and Planning Commission as needed during 2013. Elam will continue to meet
with the Caucus and address concerns regarding pit operations in 2014.
NOISE MONITORING — Elam is required to conduct noise monitoring as stated in Condition
5D of BOCC Resolution 052 -2009. The County approved Sound Level Monitoring Protocol
states the following for frequency of monitoring:
Frequency of monitoring:
• Initial startup or major adjustments to equipment and/or operations — monitoring
shall occur on a weekly basis for four (4) consecutive weeks.
• Normal operations (beyond initial startup or adjustments) — monitoring shall
occur on a monthly basis.
• Sound level monitoring is not required during months of non - operation (winter)
As 2012 was the first mining season that Elam implemented the approved amended mining plan
for Phase 2, the decision was made internally to step up the testing frequency. Due to concerns of
increased noise levels at the Braun residence, noise monitoring occurred on a daily basis at
monitoring points 8, 9, and 10, when staff was available (see Figure 1, Appendix A for Vagneur
Pit Sound Level Monitoring Locations). These three points were selected due to their close
proximity to the Braun Residence. Weekly readings occurred at all 11 monitoring locations
shown on the map. Elam has continued with this increased monitoring program in 2013 during
times of mining and crushing activities. Once the mining and crushing ceased for the year, noise
monitoring was conducted twice per month. This twice per month monitoring doubles the
required once per month requirement.
Elam has extensive data to support their overall compliance with County Mandated noise levels.
Section 6.36.040 of the Land Use Code requires the decibel level at the property line adjacent to
residential areas to be a maximum 55 dB(A) during daytime hours and 50 dB(A) during
nighttime hours. Figure 2, Appendix A demonstrates the average noise level for each location
point on a monthly basis. As discussed above, monitor points 8, 9, and 10 were monitored on a
daily basis during times of mining and crushing. Figures 3, 4, and 5, in Appendix A show a daily
summary of noise monitoring results for these three points for the entire season from April 3
through November 18. There was one noise reading recorded that exceeded the 55dB(A)
threshold. This occurred on June 13 at 11:44 am at monitor point 9 and was 55.4 dB(A). This
spike in noise was determined to be a result of heavy water flow in nearby Woody Creek and
loud bird noises in nearby trees. Pit activity at the time of the noise reading included mining,
concrete plant and light truck traffic. There was no crushing at the time of the noise reading.
Noise readings at this location in the days both before and after June 13, although slightly
elevated due to the same conditions stated above, were below the threshold limit.
u��u15
PID #2643- 161 -02 -010
COMPLAINTS — Elam was notified by Pitkin County Planning Staff, of 3 complaints during the
2013 season. A brief explanation of complaints is provided below:
May 14 — Loud noise (banging and grumbling) coming from direction of "New Mining
Area" between 4:30 and 5:00
June 3 — Dust resulting from big winds around 2:30 to 3:00
August 13 — Inquiring as to why County has not yet approved Elam's Landscape Plan
WEED MANAGEMENT — As a Requirement in 2012, Elam submitted a Weed Management
Plan to Pitkin County, which was subsequently approved. Elam continued implementing the
approved weed management through 2013. The site was monitored, and herbicide applied to
weeds identified in the Weed Management Plan three times during 2013 (May, July, and
October). Elam contracts with a private applicator that is certified through the State of Colorado.
WATER RESOURCE PROTECTION — As part of Elam's Water Resource Protection Plan,
Elam has developed and implemented soil and water sampling/testing protocol to assure the
protection of groundwater. Elam continued the sampling and testing of soil and water throughout
the 2013 season. A summary sheet for both soil and water along with the laboratory data sheets
are provided in Appendix B. All test results for soil and water are below the established
threshold limits.
SUPPLEMENTAL INFORMATION — There were several conditions included within
Resolution 027 -2013 that required action through the 2013 season and/or to be included in this
annual report. These conditions are summarized below:
Condition 3
The Applicant shall replant dead and or dying vegetation in conformance with the
approved landscape plan pursuant to BOCC Resolution 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 Community Development no later than June 1", 2013.
Elam contracted with Fitzgerald Landscaping to develop the report to analyze the existing
vegetation determining the cause(s) for non - survival along with a planting, watering and
maintenance protocol for the replacement vegetation. This analysis and protocol was
submitted to Community Development on May 17, 2013. A copy of Fitzgerald's report is
included in Appendix C.
Fitzgerald identified the primary reason for the non - survival of the original vegetation as
improper planting techniques. The planting, watering, and maintenance protocol for the
vegetation included a variation of plants from the original Landscape Plan. An irrigation
system was also design and installed as part of the recommended protocol.
UJ0016
PID #2643 - 161 -02 -010
It should be noted that Elam had contracted with JBK Landscaping for the original
planting. The County approved the submitted Landscape Plan prepared by Fitzgerald
with watering and maintenance protocol in late August 2013. Replacement of the
vegetation began in late September and was completed in late October. Pitkin County
Community Development performed a site visit on November 20 to verify the vegetation
and watering system had been installed per the approved plan.
Condition 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 Is`, 2013.
Elam contracted with a certified herbicide applicator to monitor weeds and apply required
herbicide to noxious weeds. Applications were made on May 17, July 28 and October 25,
2013.
Condition 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 31s`, 2013.
Elam contracted with CBO Inc to perform OWTS inspections. These inspections were
performed on May 15, 2013. The report provided by CBO was submitted to the County
for review. A copy of this report is attached as Appendix D.
CONCLUSION — During 2013, Elam Construction, Inc. paved and provided materials for
several construction projects that took place in Pitkin County. Some of the notable projects
during 2013 include the City of Aspen's Parks and Trails asphalt overlays, Brush Creek trail
bridge, Rio Grande Trail paving, RFTA AABC roadway improvements and pedestrian
underpass.
Elam continues to work hard to provide a quality service to Pitkin County and its residents while
limiting the disturbance to neighboring Woody Creek residents. Elam contends that they have
remained in compliance with the conditions of the Use Permit issued by Pitkin County.
ij�JU X17
PID #2643- 161 -02 -010 5
APPENDIX A
PID #2643 - 161 -02 -010
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To: Elam Construction
1225 South 7th Street
Grand Junction, CO 81501
Date: May 15, 2013
No: ECA/ELAM 13 -01
SAMPLE IDENTIFICATION
Submitted by: Gayle Lyman
Sample I.D.: Water, VAG -W 13 -01
Comments: Kept 4C till tested
Parameters
TPH
BTEX: (EPA 8260)
Benzene
Toluene
Ethylbenzene
Xylenes, total
RCRA Metals:
Arsenic
Barium
Cadmium
Chromium
Lead
Mercury
Selenium
Silver
Results submitted
for Enviro -Chem Analytical, Inc.
UeS iK. Th MPSOYV
Liese K. Thompson
Lab Director
vJJL126
Date Sampled: April 30, 2013
Date Received: April 30, 2013
Date Tested: April 30 -May 11, 2013
"I mfil)111K9
N.D. <0.005 mg/L
N.D. <0.0005 mg/L
N.D. <0.001 mgt
N.D. <0.001 mg/L
N.D. <0.003 mg/L
0.005 mg/L
0.52 mg/L
<0.005 mg/L
<0.050 mg/L
0.010 mg/L
0.000026 mg/L
0.050 mg/L
<0.05 mg/L
K
N
To: Elam Construction
1225 South 7th Street
Grand Junction, CO 81501
Date: June 17, 2013
No: ECA/ELAM 13 -02
SAMPLE IDENTIFICATION
Submitted by: Gayle Lyman
Sample I.D.: Water, VAG- W13 -02
Comments: Kept 4C till tested
Parameters
TPH
BTEX: (EPA 8260)
Benzene
Toluene
Ethylbenzene
Xylenes, total
RCRA Metals:
Arsenic
Barium
Cadmium
Chromium
Lead
Mercury
Selenium
Silver
Results submitted
for Enviro -Chem Analytical, Inc.
Ue4&X. Th&mPsoyt/
Liese K. Thompson
Lab Director
Date Sampled: May 23, 2013
Date Received: May 23, 2013
Date Tested: May 23 -June 6, 2013
RESULTS
N.D. <0.005 mg/L
N.D. <0.0005 mg(L
N.D. <0.001 mg/L
N.D. <0.001 mg1L
N.D. <0.003 mg/L
0.004 mg/L
<0.50 mg/L
<0.005 mg/L
<0.050 mg/L
<0.010 mg/L
0.000020 mg/L
0.013 mg/L
<0.05 mg/L
N
To: Elam Construction
1225 South 7th Street
Grand Junction, CO 81501
Date: July 30, 2013
No: ECA/ELAM 13 -03
SAMPLE IDENTIFICATION
Submitted by: Gayle Lyman
Sample I.D.: Water, VAG- W13 -03
Comments: Kept 4C till tested
Parameters
TPH
BTEX: (EPA 8260)
Benzene
Toluene
Ethylbenzene
Xylenes, total
RCRA Metals:
Arsenic
Barium
Cadmium
Chromium
Lead
Mercury
Selenium
Silver
Results submitted
for Enviro -Chem Analytical, Inc.
L iP,w K. T home -lv
Liese K. Thompson
Lab Director
i :.J028
Date Sampled: June 20, 2013
Date Received: June 20, 2013
Date Tested: June 20 -July 6, 2013
RESULTS
N.D. <0.005 mg/L
N.D. <0.0005 mg/L
N.D. <0.001 mg/L
N.D. <0.001 mg/L
N.D. <0.003 mg/L
0.005 mg/L
<0.50 mg/L
<0.005 mg/L
<0.050 mgt
<0.010 mg/L
0.000018 mg/L
0.015 mg/L
<0.05 mg/L
0
To: Elam Construction
1225 South 7th Street
Grand Junction, CO 81501
Date: July 30, 2013
No: ECA/ELAM 13 -06
SAMPLE IDENTIFICATION
Submitted by: Gayle Lyman
Sample I.D.: Water, VAG -W 13 -04
Comments: Kept 4C till tested
Parameters
!12 I
BTEX: (EPA 8260)
Benzene
Toluene
Ethylbenzene
Xylenes, total
RCRA Metals
Arsenic
Barium
Cadmium
Chromium
Lead
Mercury
Selenium
Silver
Results submitted
for Enviro -Chem Analytical, Inc.
Lie.&K. ThOMPSO V
Liese K. Thompson
Lab Director
Date Sampled: July 16, 2013
Date Received: July 16, 2013
Date Tested: July 16-30,2013
RESULTS
N.D. <0.005 mg/L
N.D. <0.0005 mg/L
N.D. <0.001 mg1L
N.D. <0.001 mg/L
N.D. <0.003 mg/L
0.007 mg/L
<0.50 mg/L
<0.005 mg/L
<0.050 mg/L
<0.010 mg/L
0.000016 mg/L
0.023 mg/L
<0.05 mg/L
W
w
N
n
L 1 *030
To: Elam Construction
556 Struthers Ave
Grand Junction, CO 81501
Date: August 30, 2013
No: ECA/ELAM 13 -08
SAMPLE IDENTIFICATION
Submitted by: Gayle Lyman
Sample I.D.: Water, VAG -W 13 -05
Comments: Kept 4C till tested
Parameters
"g:l
BTEX: (EPA 8260)
Benzene
Toluene
Ethylbenzene
Xylenes, total
RCRA Metals
Arsenic
Barium
Cadmium
Chromium
Lead
Mercury
Selenium
Silver
Results submitted
for Enviro -Chem Analytical, Inc.
U"& K. Thompsovv
Liese K. Thompson
Lab Director
Date Sampled: August 15, 2013
Date Received: August 15, 2013
Date Tested: August 15-29,2013
RESULTS
N.D. <0.005 mg/L
N.D. <0.0005 mg/L
N.D. <0.001 mg/L
N.D. <0.001 mg/L
N.D. <0.003 mg/L
0.006 mg/L
<0.50 mg/L
<0.005 mg/L
<0.050 mg/L
<0.010 mg/L
0.000014 mg/L
0.019 mg/L
<0.05 mg/L
EN
K
N
To: Elam Construction
556 Struthers Ave
Grand Junction, CO 81501
Date: September 26, 2013
No: ECA/ELAM 13 -09
SAMPLE IDENTIFICATION
Submitted by: Gayle Lyman
Sample I.D.: Water, VAG -W 13 -06
Comments: Kept 4C till tested
Parameters
V1
BTEX: (EPA 8260)
Benzene
Toluene
Ethylbenzene
Xylenes, total
RCRA Metals
Arsenic
Barium
Cadmium
Chromium
Lead
Mercury
Selenium
Silver
Results submitted
for Enviro -Chem Analytical, Inc.
L%4iK. 71wmpu v
Liese K. Thompson
Lab Director
_, v 31
Date Sampled: September 16, 2013
Date Received: September 16, 2013
Date Tested: September 16 -25, 2013
RESULTS
N.D. <0.005 mg/L
N.D. <0.0005 mg/L
N.D. <0.001 mg/L
N.D. <0.001 mg/L
N.D. <0.003 mg/L
0.005 mg/L
<0.50 mg/L
<0.005 mg/L
<0.050 mg/L
<0.010 mg/L
0.000012 mg/L
0.024 mg/L
<0.05 mg/L
To: Elam Construction
556 Struthers Ave
Grand Junction, CO 81501
Date: November 25, 2013
No: ECA/ELAM 13 -10
SAMPLE IDENTIFICATION
Submitted by: Gayle Lyman
Sample I.D.: Water, VAG- W13 -07
Comments: Kept 4C till tested
Parameters
TPH
BTEX: (EPA 8260)
Benzene
Toluene
Ethylbenzene
Xylenes, total
RCRA Metals
Arsenic
Barium
Cadmium
Chromium
Lead
Mercury
Selenium
Silver
Results submitted
for Enviro -Chem Analytical, Inc.
Lte4&K. rhompsovv
Liese K. Thompson
Lab Director
J 3 2
Date Sampled: October 15, 2013
Date Received: October 15, 2013
Date Tested: October 15 -30, 2013
RESULTS
N.D. <0.005 mg/L
N.D. <0.0005 mg/L
N.D. <0.001 mg/L
N.D. <0.001 mg/L
N.D. <0.003 mg/L
0.005 mg/L
<0.50 mg/L
<0.005 mg/L
<0.050 mg/L
<0.010 mg/L
0.000011 mg/L
0.013 mg/L
<0.05 mg/L
IN
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To: Elam Construction
1225 South 7th Street
Grand Junction, CO 81501
Date: July 30, 2013
No: ECA/ELAM 13 -05
SAMPLE IDENTIFICATION
Submitted by: Gayle Lyman
Sample I.D.: Soil, VAG- S13 -01
Comments: Kept 4C till tested
Parameters
TPH
BTEX: (EPA 8260)
Benzene
Toluene
Ethylbenzene
Xylenes, total
RCRA Metals
Arsenic
Barium
Cadmium
Chromium
Lead
Mercury
Selenium
Silver
Results submitted
for Enviro -Chem Analytical, Inc.
Ce4& K. l! ho- MPao-w
Liese K. Thompson
Lab Director
j -JU34
Date Sampled: July 16, 2013
Date Received: July 16, 2013
Date Tested: July 16-30,2013
RESULTS
N.D. <0.100 mg/Kg
N.D. <0.001 mg/Kg
N.D. <0.005 mg/Kg
N.D. <0.005 mg/Kg
N.D. <0.010 mg/Kg
0.023 mg/Kg
7.66 mg/Kg
1.03 mg/Kg
0.41 mg/Kg
1.35 mg/Kg
0.0006 mg/Kg
0.50 mg/Kg
0.071 mg/Kg
FQ
x
O
To: Elam Construction
1225 South 7th Street
Grand Junction, CO 81501
Date: August 30, 2013
No: ECA/ELAM 13 -07
SAMPLE IDENTIFICATION
Submitted by: Gayle Lyman
Sample I.D.: Soil, VAG- S13 -02
Comments: Kept 4C till tested
Parameters
irk:
BTEX: (EPA 8260)
Benzene
Toluene
Ethylbenzene
Xylenes, total
RCRA Metals
Arsenic
Barium
Cadmium
Chromium
Lead
Mercury
Selenium
Silver
Results submitted
for Enviro -Chem Analytical, Inc.
Uow K. T?-wmpso v
Liese K. Thompson
Lab Director
Date Sampled: August 15, 2013
Date Received: August 15, 2013
Date Tested: August 15 -29, 2013
RESULTS
N.D. <0.100 mg/Kg
N.D. <0.001 mg/Kg
N.D. <0.005 mg/Kg
N.D. <0.005 mg/Kg
N.D. <0.010 mg/Kg
0.018 mg/Kg
4.53 mg/Kg
0.92 mg/Kg
0.38 mg/Kg
1.44 mg/Kg
0.0005 mg/Kg
0.43 mg/Kg
0.059 mg/Kg
x
x
To: Elam Construction
1225 South 7th Street
Grand Junction, CO 81501
Date: November 25, 2013
No: ECA/ELAM 13 -11
SAMPLE IDENTIFICATION
Submitted by: Gayle Lyman
Sample I.D.: Soil, VAG- S13 -03
Comments: Kept 4C till tested
Parameters
TPH
BTEX: (EPA 8260)
Benzene
Toluene
Ethylbenzene
Xylenes, total
RCRA Metals
Arsenic
Barium
Cadmium
Chromium
Lead
Mercury
Selenium
Silver
Results submitted
for Enviro -Chem Analytical, Inc.
LW4&K. Thompso-w
Liese K. Thompson
Lab Director
ur... ?6
Date Sampled: October 15, 2013
Date Received: October 15, 2013
Date Tested: October 15-30,2013
RESULTS
N.D. <0.100 mg/Kg
N.D. <0.001 mg/Kg
N.D. <0.005 mg/Kg
N.D. <0.005 mg/Kg
N.D. <0.010 mg/Kg
0.010 mg/Kg
2.76 mg/Kg
0.71 mg/Kg
0.22 mg/Kg
0.96 mg/Kg
0.0002 mg/Kg
0.30 mg/Kg
0.038 mg/Kg
APPENDIX C
t :�'J3i
PID #2643 - 161 -02 -010
V KITZG(RDLD
ROO(RPIDG
PO Box 423
Aspen, Colorado 81612
Tel: 970.920.3005
Fax: 970.279.5252
www.fitzgeraldlandscaping. cam
Proposal for Landscaped Berm
Client: Elam Construction
Location: Vagneur Gravel Pit
Prepared By: Jeff McMahan
Last Edited on: Friday, May 03, 2013
DESIGN INSTALL MAINTAIN��
Reasons for Failure
The Vagneur Gravel Pit Berm is located between 7,000 and 8,000 feet of elevation. The current
planting along the berm are as follows Narrowleaf Cottonwoods, Aspens (Single stems), Ponderosa
Pines, Colorado Spruce, Rocky Mountain Juniper, Rocky Mountain Maple, and the Curlleaf Mountain
Mahogany.
The current planting have already died or are dying and will eventually need to be replaced.
Upon looking at the trees and shrubs one can tell that the primary reason that they died was improper
planting techniques. Although the plant selection does work in the Roaring Fork Valley, the specific
location is not best suited for some of the plants.
Following are many measures that were not taken to ensure the life and vitality of these plants.
Many of the plants were left entirely balled and burlapped, you can tell by the exposed burlap on some
of the plants, but by the evergreens shoots curling downward and toward the plant. The steel cabling
000036
used to secure the plant was also left on (Refer to Figure 1).
The root ball should be left between 2 and 4 inches above the
surrounding soil. It does not appear that any topsoil was used
to amend the heavily clay soil used to backfill the transplanted
trees. The tree rings used to help water the tree should be
removed after one year, once the plant has had sufficient time
to establish its root system. Finally, the tree staking used to
secure the trees should also be removed after one full growing
season.
The spruces did show signs of a weevil infestation and the aspens had cankers present.
Installation Instructions
I TIQ 0.RK I
1. Prepare a hole at least two times
that of the root ball.
2. Create a pedestal in the center of
the hole for the rootball to rest on
3. Completely remove all the wiring
and burlap from the rootball. Also ensure
to remove all flags and tags from the tree.
4. Do not put fertilizer in the hole
with the rootball this may cause root
stress.
5. Backfill the hole with amended
topsoil.
6. Be sure to leave at least 3" of the
rootball exposed above the backfill.
7. Place a minimum of 3" of mulch in
the ring to prevent frost damage in winter
and help retain water in summer.
8. Be sure to keep the mulch at least
4" from the trunk of the tree to prevent
rot.
9. Stake and guy the tree with two stakes. Add more as needed. (This does not need to be done
for small plants or shrubs)
10. Apply tree wrap in the fall before it snows to protect the young back from cracking. (This does
not need to be done for conifers or shrubs.)
11. Apply fertilizer in fall before snow for winterization purposes
x0(0040
Maintenance Practices
• Deciduous Trees - Quaking Aspen, Narrowleaf Cottonwood, Common Hackberry, Bigtooth Maple
• pick up loose branches
• Prune out dead limbs once the trees have reached maturity
• Fertilize three times per year using Age Old Organics: Dry Fruit 2- 10 -20. Once during
Spring Start-up. Once mid - summer, and once for fall Winterization Purposes.
• Ensure all staking and wiring is secured for the first growing season. Remove the staking
afterward.
• Apply Dewitt Tree Wrap at end of growing season in fall for winterization purposes. Do
this for two -three growing seasons, or until the plant has developed a hardy enough
bark.
• Apply mulch for the first growing season to protect the root ball from frost damage over
the winter.
• Conifer Trees — Ponderosa Pine, Colorado Spruce, Rocky Mountain Juniper, Austrian Pine
• Weed out and trim any dead branches, Thistles can grow and spread.
• The RMJ can become ratty looking when not used as a windscreen, prune as necessary.
• Fertilize three times per year using Age Old Organics: Dry Fruit 2- 10 -20. Once during
Spring Start-up. Once mid - summer, and once for fall Winterization Purposes.
• Ensure all staking and wiring is secured for the first growing season. Remove the staking
afterward.
• Pine Beetles and Weevils have recently been seen infesting Junipers and Spruces should
this arise an insecticide will be applied prior to beetle flight into the area every year.
• Apply mulch for the first growing season to protect the root ball from frost damage over
the winter.
• Small Trees and Shrubs — Rocky Mountain Maple, Curlleaf Mountain Mahogany, Mountain
Mahogany
o Prune in Spring to promote new growth until the plant has reached maturity.
o Fertilize three times per year using Age Old Organics: Dry Fruit 2- 10 -20. Once during
Spring Start-up. Once mid- summer, and once for fall Winterization Purposes.
o Apply mulch for the first growing season to protect the root ball from frost damage over
the winter.
000041
Recommended Actions
There are a few plants that I could see trying to save, but not as many as originally expected. A
few of the Rocky Mountain Junipers and maybe three of the Ponderosa Pines can be saved. This can be
done through proper pruning, and fertilization for the specific plant. It can also be accomplished by
transplanting the tree into a more heavily amended soil. In the long run this is not recommended
because it may end up being more costly to try to save them than just getting new healthy trees.
It is my recommendation to replace all of the plants at once. This may seem like a costly
venture but it will save more money than trying to revive the unhealthy trees. Finally, adding in a drip
irrigation system for the plants would greatly increase the chances of their survival. Daily watering is
key for newly transplanted trees. On average trees need approximately 10 gallons of water per caliper
inch per day. Usually I like to water each tree with about 30 gallons of water a day. I do recommend
substituting some of the plants with another variety. Please see the amended Plant list for the
substitutions and reasoning as to why.
000042
Plant List
Narrowleaf Cottonwood —Sub Common Hackberry (1 %" Caliper) Qty: 5
This was a good selection for the area. The main issue with this planting is that the
Cottonwoods planted enjoy growing along water courses. There is a water course in this area but the
elevation difference between the planted trees and the water was too great.
The Common Hackberry would be a good substitute for this tree. It does enjoy rich moist soil,
but grows in almost any soil, and adverse conditions. They usually only do well to an elevation of 7,000
feet. Should this pose a problem due to elevation or fruiting I will be more than happy to change the
selection to suit your needs.
Aspen — Sub Bietooth Maple (N10)
Qty: 12
This plant lives in a variety of soils from clays to sands. It is more drought tolerant than aspens
and thrives in a full sun environment.
Ponderosa Pine — No Sub Required (6 Foot B &B) Qty: 9
You may want to consider subbing this for the Austrian Pine as well.
Colorado Spruce —Sub Austrian Pine (6 Foot B &B) Qty: 9
The reason this tree most likely failed was the dry soil it was planted in. This plant usually
prefers rich moist soils but is very adaptable and more drought resistant than other piceas. These trees
also showed evidence of white pine weevil infestations.
The Austrian Pine would make an excellent substitute. It is rarely attacked by weevils,
withstands many different soils including clayey alkaline soil, and enjoys full sun exposure. Finally, this
tree acts as an excellent screen /wind break for neighbors due to its dense pyramidal branching pattern.
Rocky Mountain Juniper— No Sub Required IS Foot B &B)
Qty: 14
Rocky Mountain Maple — No Sub Required (it5)
000043
Qty: 7
Curlleaf Mountain Mahogany —Sub Mountain Mahogany ( 115) Qty: 9
The Curlleaf is native to the Western slope, but the Mountain Mahogany has a much
larger range. This means is adaptable to many different soil types and would have a greater possibility
of succeeding.
Note:
All information regarding these trees was found using the Manual of Woody Landscape Plants
by Michael A. Dirr.
000044
Common Illnesses
Populus augustifolia- Narrowleaf Cottonwood
• These suffer from a multitude of diseases and a host of bacteria, and insects. The most common
problem these trees suffer from are cankers. They are a poor tree with little to no landscape
value.
Populus tremuloides- Quaking Aspen
• This plant has the same issues as all plants in the Populus family. The main difference being that
is has a high tolerance to many of the diseases and insects that can attack the tree. That being
said is can have these diseases but will live through it due to its highly diverse range and short
lived life span.
Pinus ponderosa - Ponderosa Pine
• This conifer suffers from many diseases including, root rot, dieback, tip blight, rust, cankers, twig
blight, leaf cast, and needle blight. Infestations are also common among many different insects.
Picea Pungens — Colorado Spruce
• This conifer suffers from many diseases including, root rot, dieback, tip blight, rust, cankers, twig
blight, leaf cast, and needle blight. Infestations are also common among many different insects.
Juniperusscopulorum -Rocky Mountain Juniper
• Phomopsis blight and rust are two most common problems with these plants. Botryosphaeria
stevensii can cause cankers to appear (Most commonly found if they are planted as a
windbreak).
Acergrandidentatum — Bigtooth Maple
• Leaf scorch and wilt are the only problems with this plant.
Cercocarpus ledifolius — Curlleaf Mountain Mahogany
There are no serious diseases or insects that infest this plant; it is enjoyed by the elk and deer in
the area.
Cerceocarpus montanus —Mountain Mahogany
• There are no serious diseases or insects that infest this plant; it is enjoyed by the elk and deer in
the area.
Celtis occidentalis — Common Hackberry
There are a few diseases this plant gets, like witches broom, none of which are life threatening.
It does produce berries that bears may enjoy.
Acer glabrum - Rocky Mountain Maple
• Leaf scorch and wilt are the only problems with this plant.
Pinus nigra — Austrian Pine
• This tree is rarely attacked by weevils. There is a nematode that does infest the tree but all the
reports come from eastern and Midwestern states.
UUU'046
APPENDIX D
; U0047
PID #2643- 161 -02 -010
a
May 26, 2013
CBO Inc.
33 Four Wheel Drive Road
Carbondale, CO 81623
Office 970 - 704 -0484
Cell 970 - 309 -5259
Carla.ostbero(a )gmail.com
Rich Landrey
Rich. land rey(cDelamconstruction.com
Re: Onsite Wastewater Treatment System (OWTS) Inspections — Elam Gravel Pit
Mr. Landrey,
As requested, CBO Inc. conducted a routine inspection of the onsite wastewater treatment
systems (OWTSs) on May 15, 2013. One OWTS serves the office and a separate OWTS
serves the RV camp. Pitkin County OWTS Permits 89018 and 98036 document the systems,
respectively.
The OWTS serving the office (Permit 89018) consists of a 1000 - gallon, two- compartment septic
tank. The inlet tee was visible, but not the outlet tee. The 1 st compartment of the septic tank
had no accumulation of scum and approximately 4" of sludge. The 2nd compartment of the
septic tank had no scum accumulation and approximately 10" of sludge. Pumping is not
necessary at this time. The location of the drywell is unknown, but there is no sign of saturation
or failure.
Recommendations:
Replace outlet tee on the septic tank. (This may be difficult due to the tank being
located under a paved driveway).
Install effluent filter on outlet tee, if replaced.
The OWTS serving the RV Camp (Permit 98036) consists of a 2000 - gallon, single compartment
septic tank, a 1000 - gallon, single compartment septic tank, and the previously existing 1250 -
gallon, two compartment septic tank. There is no access to the inlet side of the second tank in
the series. The third tank in the series appears to have an excessive amount of debris
(concrete, rocks, and dirt) in the tank. All inlet and outlet tees are present in each of the
manhole lids that were accessible for inspection. The tanks were recently pumped and empty
at the time of the inspection. A distribution box, not accessible from grade, distributes effluent to
eight deep gravel trenches. Observations ports are present in the absorption area and all ports
were dry with no evidence of saturation or failure. The system was not in use at the time of the
inspection.
000048
Recommendations:
• Locate the manhole lid for access to the inlet side of the second tank in the series.
• Remove debris from the third tank in series OR abandon the third tank in the series.
Under current regulations, 3000 - gallons is sufficient capacity to serve 20 -sites in the RV
Camp. Prior to doing this, Permit 98036 must be approved and amended by Pitkin
County Environmental Health.
• Future inspections should be conducted when septic tanks are full and the system is in
use.
These inspections are not a guarantee of future system performance.
Sincerely,
Carla Ostberg, MPH, REHSS
NAWT Certified Inspector
Office OWTS
Inlet tee
000049
2 n compartment (no visible outlet tee)
RV Camp OWTS
i�
Inlet tee (1s` tank in series)
Outlet tee of 2nd tank in series.
Inlet tee of third tank in series
J50
Outlet tee (Vt tank in series)
View of tanks in series (1s` to Td)
Outlet tee of third tank in series
* *Note excessive amounts of debris in septic tank **
000050
Oddly clean effluent filter.
Observation ports in absorption area. Rocks protect absorption area from any traffic.
J00051
PUBLIC NOTICE
RE: Elam/Vagneur Gravel Permit Annual Review for 2013 Operations
(CASE# P012 -14; PID 2643 - 161 -02 -010)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, March
26, 2014 at a regular meeting to begin at 12:00 PM or as soon thereafter as the conduct of
business allows, before the Board of County Commissioners, Plaza One Conference
Room, 530 East Main Street, Aspen to consider an application submitted by Elam
Construction Inc. (556 Struthers Avenue, Grand Junction, CO 81501) requesting an
Annual Review of the 2013 operations pursuant to BOCC Resolution No. 99 -69 and 052-
2009. The property is located at 7943 Upper River Road, and is legally described as a
tract of land located within Section 16, Township 9 South, Range 85 West of the 6th P. M.
The State Parcel Identification for this property is 2643 - 161 -02 -010. The
application/resolution are available for public inspection in the Community Development
Department, City Hall, 130 S. Galena St., Aspen CO 81611. For further information,
contact Mike Kraemer at (970) 920 -5482.
Jeanette Jones, Deputy County Clerk
Board of County Commissioners
Published in the Aspen Times Weekly on February 20, 2014.
Attention Applicant/Representative:
It is your responsibility to do the following:
1. Mail this Public Notice to all property owners and mineral estate owners within
300' of the subject property at least 30 days prior to the hearing with the return
address of the Community Development Department. The names and addresses
shall be those on the current tax records of Pitkin County as they appeared no more
than 60 days prior to the date of the public hearing
2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your
applicant letter) as proof of compliance with the Code at the hearing.
3. Pick up Public Notice sign from the Pitkin County Community Development
Department, 130 South Galena Street, Aspen, CO (970) 920 -5526
4. Post the Public Notice sign on the property at least fifteen days (15) prior to the
hearing
5. Remove the Public Notice sign within one week after hearing date
httn: / /www.aspeLipitkin.com/ Portals /0 /docs /county /Com %2ODev/Plannin Land Use
Applications /P012 14 app.pdf
County of Pitkin } AFFIDAVIT OF NOTICE &
}
SS. MAILING PURSUANT TO
State of Colorado } PITKIN COUNTY LAND USE
CODE SECTION 2 -20 -100
1, 4 c. VX A, w ..- being or representing an
Applicant to t1fe Pitkin 0ounty Development Department, personally certify that I have complied with
the public notice requirements pursuant to Section 2 -20 -100 of the Pitkin County Land Use Regulations
in the following manner:
By mailing of notice, a copy of which is attached hereto, by first - class, postage prepaid U.S. Mail at
least 30 days prior to the public hearing to all owners of property within 300' to the subject property,
as indicated on the attached list, on the L9 day of F C 6 , 20ly(which is 36days prior to the
public hearing date of,? -t b -1 . The names and addresses of the adjacent property owners shall be
those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the
public hearing.
2. By mailing of notice, a copy of which is attached hereto, by first - class, postage prepaid U.S. Mail at
least 30 days prior to the public hearing to the owner(s) of the mineral estate underneath the subject
property, as indicated on the attached list, on the _ day of , 201_ (which is _ days prior
to the public hearing date of . The names and addresses of the mineral estate owners shall
be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to
the public hearing.
3. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest
public way) on the 3 day of ti h 201' , which is at least fifteen (15) days prior to the
public hearing. A photograph of the posted sign is attached hereto.
/9L A" COnSf/`LLG7�'o✓t.�"e-
Applicant's name Signa
r — ' 4
' PUBLIC NOTICE
PURPOSE Ei ar7 7(!
1FY_ PpI1 -i1' —
COMMENTS /OBJECTIONS:
IO TE ("MAFLN ZL. ZOry
Fop FURTHER INFO
CONTACT:..)/'0 'jNJ'_ 'Fl_
I0-f I/
Signed before me thisa_4 day of Ma xtk- ,
2014 by p
ale A d. y r*. r\
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: L),L� ^- a3, ao I r
JennJ *.r A:,n �ftllS
Notary Public
Notary Public's(( Signature
i
JENNIFER ANN WELLS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID #20054003519
My Commission E)pms December 23, 2017
PUBLIC NOTICE
RE: Elam/Vagneur Gravel Permit Annual Review for 2013 Operations
(CASE# P012 -14; PID 2643 - 161 -02 -010)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, March
26, 2014 at a regular meeting to begin at 12:00 PM or as soon thereafter as the conduct of
business allows, before the Board of County Commissioners, Plaza One Conference
Room, 530 East Main Street, Aspen to consider an application submitted by Elam
Construction Inc. (556 Struthers Avenue, Grand Junction, CO 81501) requesting an
Annual Review of the 2013 operations pursuant to BOCC Resolution No. 99 -69 and 052-
2009. The property is located at 7943 Upper River Road, and is legally described as a
tract of land located within Section 16, Township 9 South, Range 85 West of the 6`h P. M.
The State Parcel Identification for this property is 2643 - 161 -02 -010. The
application/resolution are available for public inspection in the Community Development
Department, City Hall, 130 S. Galena St., Aspen CO 81611. For further information,
contact Mike Kraemer at (970) 920 -5482.
Jeanette Jones, Deputy County Clerk
Board of County Commissioners
Published in the Aspen Times Weekly on February 20, 2014.
I
26 LIBERTY LANE LLC ASPEN FIRE PROTECTION DISTRICT ASPEN SPORTS CAR CLUB LLC
1325 SIERRA VISTA DR 420 E HOPKINS AVE PO BOX 549
ASPEN, CO 81611 ASPEN, CO 81611 WOODY CREEK, CO 81656
ASPEN /PITKIN COUNTY HOUSING B WILLSON ENTERPRISES INC BATINKOFF RANDALL M 1/3
AUTHORITY PO BOX 82 516 CROSS RIVER RD
530 E MAIN ST #001 WOODY CREEK, CO 81656 KATONAH, NY 10536
ASPEN, CO 81611
BOUMAN DAVID BOWERS THOMAS J BRAUN WILLIAM & GAIL
PO BOX 594 408 S HUNTER PO BOX 337
WOODY CREEK, CO 81656 ASPEN, CO 81611 WOODY CREEK, CO 81656
BROWN COLLEEN M COLANERI JUDITH LUCIA CRAIG KATHLEEN
405 AABC STE D PO BOX 8653 PO BOX 466
ASPEN, CO 816113543 ASPEN, CO 81612 GREAT BARRINGTON, MA 01230
DEYOUNG MARK R DINSMOOR WILLIAM P J & JANE K A ECKARDT DAVID W
PO BOX 333 PO BOX 121 PO BOX 457
WOODY CREEK, CO 81656 WOODY CREEK, CO 81656 WOODY CREEK, CO 81656
KEATING LEE A KRILL GARY G & DORIS AUDREY LIEBMANN LEE M
408 S HUNTER ST PO BOX 143 PO BOX 10
ASPEN, CO 81611 WOODY CREEK, CO 81656 WOODY CREEK, CO 81656
MANAUS FUND MOONEY MAUREEN JULIENNE OVERBO BRIAN E
PO BOX 2026 BOX 401 PO BOX 92
CARBONDALE, CO 81623 WOODY CREEK, CO 81656 WOODY CREEK, CO 81656
PATRICK KEVEN L PITKIN COUNTY ROLAND ANNE S
PO BOX 608 530 E MAIN ST #302 PO BOX 9968
WOODY CREEK, CO 81656 ASPEN, CO 81611 ASPEN, CO 81612
SAUCEDO JOSE HUGO SCHLEIN RICHARD SLOEZEN ROBERT
PO BOX 91 PO BOX 44 PO BOX 284
WOODY CREEK, CO 81656 WOODY CREEK, CO 81656 WOODY CREEK, CO 81656
TOPPINO JON PAUL VILLALOBOS JUAN ANTONI
THUILLIER ROBERT P 10250 CONSTELLATION BLVD PO BOX 342
PO BOX 392 STE 2770 WOODY CREEK, CO 81656
WOODY CREEK, CO 81656 LOS ANGELES, CA 90067
3
VOLCKHAUSEN WILLIAM WAGNER MONA LISA WESTERN MOBILE NORTHERN INC
PO BOX 216 PO BOX M 12735 MORRIS ROAD EXTENSION #400
WOODY CREEK, CO 81656 WOODY CREEK, CO 81656 ATTN: LAND DEPARTMENT
ALPHARETTA,GA 30004
WINSTON GORDON R 1/3
516 CROSS RIVER RD
KATONAH, NY 10536
WOODY CREEK DEVELOPMENT CO
6804 2ND ST
LUBBOCK, TX 79416
q
WOLKOFF STEPHANIE WINSTON 1/3
791 PARK AVE #2A
NEW YORK, NY 10021
WOODY CREEK MOBILE HOA
PO BOX 95
WOODY CREEK, CO 81656
WOODY CREEK CENTER CONDO
ASSOC
0002 WOODY CRK PLAZA
WOODY CREEK, CO 81656
WOODY CREEK CAUCUS
PO BOX 423
WOODY CREEK, CO 81656
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 S. Galena Street
Aspen, Colorado 81611
(970) 920 -5526 FAX # (970) 920 -5439
February 12, 2014
Gayle Lyman
556 Struthers Avenue
Grand Junction, CO 81501
Gayle.lyman@elamconstruction.com
Re: ElamNagneur Gravel Permit Annual Review 2014
(PID 2643 - 161 -02 -010; Case P012 -14)
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 at a public hearing by the Board of County
Commissioners on Wednesday, March 26, 2014 at a meeting to begin at 12:00 P.M. in the Plaza
One Conference Room, 530 East Main Street, 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 Planning Office.
Please note that it is your responsibility to post a public notice sign on the property at least fifteen
days prior to the hearing (and remove it within one week after) and to mail notice to all property
owners and mineral estate owners within 300' of the subject property at least 30 days prior to the
hearing with the return address of the Community Development Department (copy of notice will
be sent to you by the Community Development Department). The names and addresses shall be
those on the current tax records of Pitkin County as they appeared no more than 60 days prior to
the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing
as proof of compliance with the Code at the hearing.
If you have any questions, please call Mike Kraemer, the planner assigned to your case, at 920 -5482
Sincerely,
Bonnie Shiles
Administrative Assistant
Encl: Affidavit of Notice (Code Section 2 -20 -100)
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920 -5526 FAX (970) 920 -5439
MEMORANDUM
TO: Environmental Health
Woody Creek Caucus
FROM: Mike Kreaemer, Community Development Department
Michael.kraemer n nitkincount
RE: Elam /Vagneur Gravel Permit Annual Review 2014
(CASE P012 -14; PID 2643 - 161 -02 -010)
DATE: February 12, 2014
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, March 26, 2014.
Please return your comments to me by Friday, March 7, 2014.
http• / /www aspenpitkin com /Portals /0 /docs/ county /Com %2ODev /Planning /Land Use Applications/
P012 14 app.pdf
Thank you.
-Frp4C i4'n F.JT
MEMORANDUM
To: Mike Kraemer, Planning Department
From: Kurt Dahl, Environmental Health Department
Date: March 17, 2014
Re: ElamNagneur Gravel Pit Annual Review (2014), (Case P012 -14;
Parcel ID #2643- 161 -02 -010)
-------------------------------------------------
-------------------------------------------------
SUMMARY OF RELEVANT PARTS OF APPLICATION: Elam Construction Inc. has submitted
an application for their annual review for the operation at the Vagneur pit.
DISCUSSION: The Pitkin County Environmental Health Department has reviewed the details of
the 2014 Annual Report for the Vagneur Gravel Pit under the authority of the Pitkin County Land
Use Code and the Pitkin Countv OWTS Reaulation.
Resolution No. 052 -2009, "Approving the Elam Construction, Inc. Special Review to Expand the
Vagneur Pit," outlines conditions of approval.
A site visit was conducted on March 17, 2014 with Mike Kraemer of the Pitkin County
Community Development Department and Gayle Lyman of Elam Construction, Inc.
- -- WATER SUPPLY:
Bottled water for drinking is brought in for employees. Water is hauled in from Mid - Valley Metro
for plumbing within the office trailer.
There is a well (Colorado Division of Water Resources Well Permit Number 41824 -F -R) on
the lower part of the property, but is used for dust suppression; no potable uses. The well
is permitted for pumping that shall not exceed 230 GPM and use is limited to industrial and
irrigation purposes.
- -- SEWAGE TREATMENT AND COLLECTION:
Individual Sewage Disposal System (ISDS) Permit 89018 documents a system was approved
for use of the office by 6 employees. This system consists of one 1000 gallon tank and two
deep gravel trenches totaling approximately 100 square feet of absorption area.
ISDS Permit 98063 documents the system was approved for use by 20 RV units during summer
months. This system utilizes a 2000 gallon tank installed in 1998 and two existing 1250 gallon
tanks with effluent distributed via a distribution box to 8 deep gravel trenches for a total of 1820
square feet of absorption area. The area over the absorption field was seeded in the fall of
2008, and large boulders were placed around it to prohibit vehicles from driving over the area.
Pnncetl on Recycled Paper
000007
143
An inspection of both OWTSs was conducted on May 16, 2016 by Carla Ostberg of CBO, INC
(Pitkin County License number 17). The systems did not show any evidence of failure and were
generally in good physical condition. The inspector did make recommendations to replace the
outlet "tee" and add an effluent filter to the septic tank that serves the office and to pump the
debris out of the third tank that serves the RV parking area.
- -- AIR QUALITY:
The Environmental Health Office did not receive an air quality complaint in the last year.
At the site inspection on April 2, 2013 the dirt berm closest to noise sampling point #8 had a
straw mat covering it to help protect the seeded vegetation and to retain moisture. One of the
dust complaints submitted to the applicant stated dust was coming off of the berm and the mat
and future vegetation should resolve this issue. At the March 17, 2014 inspection the straw mat
was verified to still be in place.
Emissions Permits issued by the Colorado Department of Public Health and Environment
include:
X610 Crusher: 97PO0820
V -755 Asphalt Plant: 09PI1168
Vagneur Pit: 13PI388 -5
- -- NOISE:
The Environmental Health Office did not receive a noise complaint in the last year.
Elam does have a noise sampling protocol and performs daily readings at the northern most
points of the property. Gayle Lyman confirmed in conversation that the company's noise meter
is calibrated each year. The data indicates compliance with the noise regulations with one
sample above the 55 decibel threshold and this reading is discussed in the applicant's packet as
likely being influenced from external sources.
- -- WATER RESOURCES:
The area of the pit used for snow dumping in the winter is on a reclaimed area on the north end
of the pit.
Elam has developed a protocol for sampling both soil and water as part of Elam's Water
Resource Protection Plan.
Soil Sampling:
One composite sample is taken for each 20,000 cubic yards of soil. The soil is tested for the
following constituents:
• Total Recoverable Petroleum Hydrocarbons (TRPH)
• Benzene, toluene, ethylebenzene, and xylenes (BTEX)
• Total RCRA Metals
Water Sampling:
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Water samples are taken from surface water within the floor of the gravel pit. The water is
tested for the following constituents:
• Total Recoverable Petroleum Hydrocarbons (TRPH)
• Benzene, toluene, ethylebenzene, and xylenes (BTEX)
• Total RCRA Metals
Records of the samples were reviewed and all of the results were in compliance with the
allowable applicable standards. The spikes that were present in the 2012 samples were not
present in either the 2013 or 2014 samples.
Recommendation: This Department has no objection to continued operation, including
minor amendments.
0`JD®9
G
Pnoo a on Recvtletl Paper
Michael Kraemer <michael .kraemer @pitkincounty.com>
" "RE: Elam/Vagneur Gravel Permit Annual Review 2014" (CASE P012 -14; PID
2643- 161 -02- 010)"
1 message
W -C Caucus <caucus81656 @gmail.com> Wed, Mar 5, 2014 at 2:30 PM
To: Michael .kraemer @pitkincounty.com
Elam representative Gayle Lyman, Compliance Director at Elam Construction,
Inc., has met with the Woody Creek Caucus for discussion of the annual report,
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 area.
We note that inadequate watering has caused the death of trees planted on a
berm intended as a buffer between the Elam property and an adjacent
landowner. We recommend the planting of drought resistant vegetation, and
provision for a perpetual water source in the event that water - loving species are
chosen. We also recommend oversight of the selection of weed killers and
methods of reclamation of weedy areas.
For the Woody Creek Caucus,
By
Janet K. Schoeberlein
7274 Upper River Rd.
PO Box 423
Woody Creek, CO 81656
970 - 923- 0040,fx970- 922 -7295
1 vI l
000006
PITKIN Gr„'UNTY COMMUNITY DEVELCDMENT
Permit Receipt
RECEIPT NUMBER 00035376
Name: Elam Construction Inc Date:1/30/2014
Project Address: 7943 UPPER RIVER RD
Type: check
# 16413
Permit Number
Fee Description
Amount
0012.2014.PLAN
PP- Flat Fee
1,248.00
0012.2014.PLAN
PP- Clerk Fee
375.00
0012.2014.PLAN
PP- Public Notice Fee
54.00
0012.2014.PLAN
PP- EH &NR Referral Fee
432.00
Total:
2,109.00