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RECEPTION#: 635143, 01/03/2017 at
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1 OF 3, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION OF THE PITKIN COUNTY,COLORADO,BOARD OF COUNTY
COMMISSIONERS APPROVING THE SMUGGLER CONSOLIDATED MINES,LLC SPECIAL
REVIEW FOR COMMERCIAL SNOW TRUCKING/DUMPING/STORAGE
BOCC Resolution ly-2016
RECITALS
I. Smuggler Consolidated Mines, LLC (hereafter, the "Applicant"), has applied to the Pitkin County
Board of County Commissioners ('BOCC") for a Special Review for Commercial Snow
Trucking/Dumping/Storage in an existing retention pond. 'the Applicant has requested a 5 year
permit with this application.
2. The parcel is located at 100 Smuggler Mountain Road. PID#: 273707428002 (Legal Description,
Attachment A).
3. The Applicant received a 5 year permit from the BOCC pursuant to Resolution No. 18-2011.
Pursuant to Subsection 4-30-50(L) of the Pitkin County Land Use Code, standards have been
developed to address the impacts of snow storage areas. The BOCC finds that the Applicant has
shown compliance with these standards.
4. The BOCC finds that a 5 year permit is appropriate subject to annual soil testing which shall be
conducted each spring and results provided to the Community Development Department.
5. Pursuant to condition 4-30-50(L)(14), the proposed site is within 50' from a property line. The BOCC
finds that the because the 50' setback standard was imnented to address runoff onto an adjacent
property, and because the proposed snow dump site has been sited within an existing retention pond,
there is very limited chance for the runoff to reach an adjacent property. Therefore,the BOCC finds that
siting the proposed snow dump within the 50' setback is acceptable.
6. The BOCC heard the request at a regularly scheduled and duly noticed public hearing on December
7'6,2016 at which time evidence and testimony were presented with respect to this application.
NOW THEREFORE BE IT RESOLVED by the BOCC that it hereby approves the Smuggler
Consolidated Mines, LLC Special Review for Commercial Snow Trucking/Dumping/Storage subject to
the conditions outlined below:
I. The Applicant shall adhere to all material representations made in, or in connection with, the
application.
2. Debris shall not be allowed to accumulate on the snow storage/dumping site. All debris
remaining after the melt out will be treated as waste and removed.
3. This approval shall expire after the 2020/2021 winter and a new permit is required to continue the
commercial snow dump.
4. The Applicant shall provide the Community Development Director with soil test results each
year, no later than by the end of September, in accordance with Land Use Code Section 4-30-
/'age 1 f4
50(L). If soil testing results do not meet the thresholds established in effect at the time of testing,
the Applicant shall not dump snow at this site.
5. If the snow storage site does not comply with the adopted soil testing standards and snow can no
longer be accepted in the approved location, remediation of the site, which may include
excavation and removal of tainted soils, shall be conducted within 60 days of receipt of soil
testing results. Remediation shall be in accordance with Pitkin County Environmental Health
protocol and inspected by County staff for completion.
6. The Applicant shall comply with all other reporting requirements.
7. Snow storage operations shall only be conducted between the hours of 7:00 AM to 7:00 PM,
Monday through Saturday.
8. Trucking to and from the site shall not disrupt recreationalists on Smuggler Mountain Road.
9. Dust from trucking shall be kept to a minimum. Mud shall not be tracked onto City streets.
10. The Applicant shall revegetate the storage areas in accordance with Community Development
Department standards, if necessary. Weeds shall be managed appropriately under Pitkin County
Land Management guidelines. Staff shall conduct a site inspection of the snow storage site in the
spring to ensure compliance with this condition.
1 I. There shall be no surface runoff from storage/dumping sites unless best management practices are
utilized to remove sediment and other contaminants from melt water and promote infiltration
rather than runoff.
12. Failure to comply with the conditions of approval may result in revocation of this permit.
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NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 3`d day of November,
2016.
APPROVED this T"day of December,2016.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
AT ST:
/�� �/� By f i�1tat /rl Yie- �r /
d lVFI I. ��UUf( Rachel E. Richards,Chair
Jea e Jones
Cle +to the BOCC Date /2-72ek
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely, -� Cigd Houbcn,
County Attorney Community Development Director
PID#273707428002
Case: P081-16
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