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Home My WebLink Aboutbocc.res.030.2017 RECEPTION#: 639052, R: $0 00, D. $0.00 DOC CODE: RESOLUTION Pg 1 of 5,06/12/2017 at 11:19 46 AM 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.dW -2017 RECITALS 1. By Resolution Na. 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 Ham Sand and Gravel Pit and Asphalt /1lot 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 HOC C 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 fnr 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 (Rcc No 588258) approved an amendment to the mining sequence at the pit. 7. On April 26th, 2017, the BOCC held a public hearing for the annual review of the Elam Sand and Gravel Pit Spcaal Review Permit for the operation }ear of 2016 where members of the public had opportunity to voice their commerts. 8. The BOCC has determined that the Applicant has been operating in compliance with the terms of Resolution No. 99-69, Resolution No. 052-2009, and Resolution No. 016-2016. 9. The BOCC further determines that the Applicant has satisfied the requirements of BOCC Resolution No. 052-2009 and BOCC Resolution Na. 016-2016. Page/u/S NOW, THEREFORE, BE IT RESOLVED. that the Board of County Commissioners of Pitkin County, Colorado, hereby accepts the Elam Construction. Incorporated 2016 Annual Review Report and requires the following measures in order to find Elam in compliance with terms and conditions of approval: I. All material representations made by the Applicant in the application, in subsequent correspondence, and at the public hearing shall he adhered to and considered conditions of approval. 1 1he Applicant shall continue to be hound by all conditions of Resolution No. 99-69 and Resolution No 052-2009, as amended 3. The Applicant shall continue to implement the thistle and noxious weed elimination plan. This applicator of the herbicide shall he licensed and avoid spraying near waterways. drainage courses. and ditches 1 he applicator shall abide by State of Colorado and Pitkin County regulations regarding use of specific herbicides. 4 The truck parking area adjacent to the RV parking arca shall have no more than 12 trucks parked on site, at one time, and there shall he 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. S. 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 2017. and the results shall he suhmitted with the 2017 annual review. The Ensironmcntal Health Department shall review the sampling process 6. The term "camper' in Condition #8 BOCC Resolution 052-2009 shall mean a recreational vehicle used for short term housing for an Elam employee who lives in the recreational vehicle for the duration of a mining season. Mobile hone structures near the southern property boundary shall not he used for habitation. 7. For the 2017 mining season, mining shall not occur any closer than 700' from the Braun residence located at 0401 Woody Creek Road. The measurement shall be linear and he taken from the closest point of the main residence to the Phase 2 mining area. Prior to any mining by the Applicant past the 1,000' setback line which was surveyed and staked in the field in 2015. the Applicant shall survey, stake, and mark with colored flagging the 700' setback line from the Braun residence The purpose of this condition is to provide for compliance with Condition #8 of this resolution and for the landscaping on the north side of the Phase 2 expansion area to establish and grow S For the duration of 2017, Elaut shall continue discussions and conduct meetings with Pitkin County Staff and the Brauns regarding a master plan for the Elam property. A master plan would be generated by Elam that includes, but is not limited, to the following: Page 2 of 5 A Development of a post mined land use of the property. his will involve exploration and analysis of alternatives for Elam to consider the highest and best possible uses that arc compatible with both the Pitkin County Land Use Code and the Woody Creek Master Plan Selected altemative(s) will be presented to the Woody Creek Caucus for consideration and for possible incorporation into the Woody Cteek Master Plan; B. Final grading and concept landscaping plans and scenic perspectives from Highway 82 and locations within Woody Creek including the Braun residence; C Exploration of a conservation easement on the property (specifically on the North side of the property), provided the conservation easement is compatible with highest and best use alternatives presented in the Plan: D. Exploration and consideration of leaving a natural berm on the north side of the currently approved mining boundary, feasibility yet to be determined; E. Analysis of the potential fir substitution of gravel deposits to the South of the Elam property thereby increasing the mining boundary from the Braun residence beyond the currently approved 4801 setback. If feasible and agreed upon, then amendment applications would be made to the mining boundary; F. If the master plan is completed by January 15 2018, it shall he provided to the BOCC for consideration at the 2017 Annual Review hearing 9. Condition #8 of ROTC Resolution No. 052-2009 requires that only one (1) employee and his family may remain onsite at the pit year round for security. Earn has represented that from time to time. two (2) RV campers may be located at the pit so that two (2) employees can split time monitoring the pit for security. Two (2) employees are needed so that when a security employee has e day off, coverage can still he maintained. The BOCC acknowledges that this is acceptable. Page 3 of NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON March 23rd, 2017. APPROVED AND ADOPTED ON THE 26th DAY OF APRII., 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS OFJP,IITTn/KIN COUNTY, COLORADO tiatilia By Oitk 1-Pa Jeanette Jones George Neuman. Deputy Clerk and R order Chair /' '7 -� ^ -r Date 0.� - o? -kJ - APPROVED AS TO FORM: APPROVED/�� AS TO CONTENT Jo - 'ly Cindy Houben unto a CS Community Development Director PIN 2643161020M P014-17 Page 4 nl 5 Attachment A Legal Dc eriptunt VAGNEUR GRAVEL PIT PARCEL DESCRIPTION LEGAL DESCRIPTIO Lot 1 of the Elam Subdrvnion,according to the Plat recorded lune 2,1982 in Plat Boot 13,Page 47 3M tract of land is located within Section 16,Township 9 South,Mange 85 Weit of the 6th Principal Meridian,C960te of Pitkin,State of Colorado tat 1L5 tom prued of two panels being more panlcubrly described as follows PARCEL IA:begrnnm8 at the Northwest Cotner of the Northeast Quarter of section 16,Townshn 9 South,Range 95 West,518'00'06"E a distance of 164 84 I0 the Pont of Beel3nin&thencoS 30'55'11"E a distance of 395 66';thence 5 68'39'07'E a distance of 523.85':thence 5 56'33'15"E a distance of 53834%thence 553'21'46'E a distance of 454 89',thence N 81'1898'E e distance of 409 36''thence N 63751'25'E a distance of 118 39,thence 5134'4712.F a distance of 369.63', thence 500'24'36"E a distance of 241168',thence 585'3400'W a distance of 355.58;thence N 30'00'00"W a distance of 75.4Y;thence N 34'50'00"W a distance of 284.00';thence N 2521440'W a dlatance of 44300';thence with a curve turning to the eight with an arc length o199 31',with a rad.us of 34124'.thence N 12'11'00"W a distance of 15000.thence with a curve turning to the left with an arc length of 16133'.with a rad lin of 24331',thence N 50'19'30"W a distance of 250 00', thence with•curve fuming to the net with an arc tergib of 1 W 50',with a radius of 600,04',thence N40'26'10'W a Elstance of 359.94'.thence with a curve turning to the left well an art length of 6106',with a radius of 4154 85';thence N 43'4630 'N a distance of 260.44';thence with a curve tum lug to the left with an arc length of 71 31',with a radius of 114.69';thence N 1504'14'W a distance a161019';thence with a curve turning la the len with in arc length of 100 35',with a redlus of 109509;thence N 25'33'[0 W a dietance of 594 44',which I.the Point of Beginnin8 having an a.'0'of 4283093 square feet.95 321 acres. PARCEL 19 beginning at the Southwest Corner of the Northeast Quarter of Section 16,Township 9 South,singe 85 West,N 10'4340 e a distance of 54164'tw the Point of eepnning,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 arr length or 108 61,with a tacks of 6300a,thenal N 4046'30'W a distance of 359 94':thence with eturve to ming to the left with an arc length of 58.23',with a radius x1453 82';thence N 4T46'30'We durance of 360 94';thence with a curve lumina to the left with an aec length of 46 91,with a radius of 6a 69',thence 510'03'30"E a distance of 870 34',which is the pont of btginhhg,haying en area or 271519,21 square feet,6 394 sues Page 5 o(5