HomeMy WebLinkAboutbocc.res.036.2014RECEPTION#: 609311, 04/09/2014 at
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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 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 1 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.
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 (Attaclunent 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 3
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON
February 20T",2014.
APPROVED AND ADOPTED ON THE 26" DAY OF MARCH, 2014.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By�-
JeaFty
Jones Robert A. Ittner, Jr.,
DeClerk and Rec rder Chair
Date e-/ "<g- y
APPROVED AS TO FORM:
John�-E
County Attorney
PID#:264316102010
P012-14
APPROVED AS TO CONTENT:
- G U (11
Cindy ou e
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 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 5 68039'07" 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"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°04'14" 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.
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