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HomeMy WebLinkAboutbocc.res.038.2015RECEPTION#: 620615, 06/11/2015 at 10:02:26 AM, 1 OF 6, 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,40 -2015 RECITALS 1. By Resolution No. 88-47, the Board of County Commissioners of Pitkin County, Colorado (BOICC), granted a special review use permit to Elam Construction, Incorporated (Applicant) for the Elam Sand and Gravel Pit and Asphalt /Hot Mix/Concrete plant. Legal Description, Attachment A. 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. 5912 20) approved extended nighttime operations for the 2012 mining season only. 7. On March 25`h, 2015, the BOCC held the annual review of the Elam Sand and Gravel Pit Special Review Permit for the operation year of 2014 where members of the public had opportunity to voice their comments. The BOCC continued the annual review hearing on April 8`h, 2015, and April 22"d, 2015, and heard the request a final time May 27`h, 2015. 8. The BOCC determined that the Applicant has been operating in general compliance with the terms of Resolution No. 99-69 and Resolution No 052-2009 however, the landscaping as required as a condition of approval for the Phase 2 expansion area in Resolution No. 052-2009 has not yet been satisfied, and that a revised landscape plan and other mitigation is currently being considered by Elam, Pitkin County, and the 'Braun's" (neighbors living within 480' of the permitted mining area with an address of 0401 Woody Creek Road). BOCC Resolution No. 2015 Page Iof4 9. The 13OCC further determines that the Applicant has satisfied the requirements of the 2014 annual review. NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Pitkin County, Colorado, hereby accepts the Elam Construction, Incorporated 2014 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. On or around May 30, 2015, a landscape plan will be presented by Elam to be reviewed by the "Braun's" (neighbors living within 480' of the permitted mining area with an address of 0401 Woody Creek Road) and Pitkin County. The final details of the landscaping plan and the timeframe will be agreed upon by the affected parties on or before June 30, 2015 or the affect parties will bring the matter back to the BOCC. This landscape plan will be developed and oversight administered by Kim Bock, Certified Arborist, Prima Plant Service. Elam and the Braun's acknowledge Kim Bock as a reputable expert arborist and agree to consider her recommendations for the landscape plan. The plan shall contain the following, and be installed in accordance with a schedule recommended by Kim Bock: a. A planting plan of evergreen or other screening type vegetation in the bottomlands or wetlands area directly adjacent to the Braun property will be agreed upon; b. Dead or dying trees will be removed for wildfire safety concerns to the extent recommended to also allow for the continuance of a reasonable level wildlife habitat; c. Kim Bock shall be hired to provide contractor oversight and continued monitoring of planting establishment on a frequency required to ensure successful establishment. d. A planting plan along the north side of the mining area directly in front of the Braun property, generally along the access road at the base of the future mining area, shall be agreed upon. This planting plan shall include trees that are of the estimated height of maturity of trees that were to be planted per the 2009 and revised 2013 Elam landscape plan approved by Pitkin County. If trees of that size are not feasible, or could not survive, given the professional estimation of the landscape professionals, then an alternative plan shall be presented which would include, but not be limited to, an additional amount of trees or a combination of additional trees and other mitigation techniques. BOCC Resolution No. 2015 Page 2 of 4. For the duration of the 2015 mining season, no mining shall be allowed beyond the surveyed 1,000' distance from the Braun residence. It is also acknowledged that mining has already occurred beyond the 1,000' distance from the Braun residence as depicted in Attachment B. 5. The Applicant shall continue to implement the thistle elimination plan. 6. 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. 7. In accordance with Environmental Health regulations, the leaking 3rd septic tank servicing the trailer park for seasonal workers shall be addressed prior to workers arriving for the 2015 mining season. 8. 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 2015, and the results shall be submitted with the 2016 annual review. The Environmental Health Department shall review the sampling process. BOCC Resolution No. 2015 Page 3 of NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON February 19. °, 2015. APPROVED AND ADOPTED ON THE 27'h DAY OF MAY, 2015. ATTEST: Jones Clerk an Recorder APPROVED AS TO FORM BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Steven F. Child, Chairman Date f In f� r APPROVED AS TO CONTENT: Jo -ly Cindy Hou en on orney Community Development Director 11I1)4:264316102010 13010-15 BOCC Resolution No. 2015 Page 4 of VAGNEUR GRAVEL PIT ATTACHMENT H PARCEL DESCRIPTION LEGAL DESCRIPTION Lot 1 of the Elam Subdivision, according to the Plat recorded June 2, 1982 in Plat Book 13, Page 47. This tract of land is located within Section 16, Township 9 South, Range 85 West of the.6th Principal Meridian, County of Pitkin, State of Colorado. Lot 1 is comprised of two parcels being more particularly described as follows: PARCEL 1A: 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 63051'28" 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 25033'14" W a distance of 694.44'; which is the Point of Beginning, having an area of 4283097 square feet, 98.326 acres. PARCEL 1B: 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.