HomeMy WebLinkAboutbocc.res.138.2018 imilio hIiIII 111 til lmlhlIL
RECEPTION#: 653618, R:50.00, D: SO 00
DOC CODE: RESOLUTION
Pg t of 9, 01/24/2019 at 02:12:30 PM
Janice K.Vos Caudill,Pitkin County,CO
RESOLUTION OF THE BOARD OF COI INTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO,APPROVING THE CRYSTAL BASIN HOLDINGS I,LC ACTIVITY ENVELOPE
AND SITE PLAN REVIEW FOR TRAILS AND RESTORATION
Resolution No,in-2018
RECITALS
I Pursuant to Section 2 8 4 (Actions) of the Pitkin County Home Rule Charter("HRC"). all matters not
iegwred to be acted upon by ordinance or formal resolution may be acted upon by informal
resolution.
2. t'pstal Basin Holdings LLC t"Applicanr)has applied to the Pitkin County Board of County
Commissioners("BUCC')to designate a series of.Acta ity Envelopes and obtain Site Plan Revicts
approval to establish a 4 5 mile system of mountain bike trails on the property that w ill he open to the
public open to the public tree of charge with a recorded easement held by the County 1 he Applicant
is also proposing to restore areas at the entrance to the property(northeast corner, near the barn and
to the ss est). including native seeding and plantings in riparian and upland areas
3. Hie Applicant describes the intent of the hail system as Rrllow s:
A, To minds,recreation and access to the,vuTaundnngs of the Coal Creek and Dutch('reeA
Invested areas on the prnvte property_far the general public Tnul.n stein will provide
optimized ecperiencea for in 'untain hikers ranging bison;beginner to expert skill levels
B. To prawdr amts and opportunities fire eafucatnnal groups to teach skills. amaciated
responsibilities, and ethics to the neat generation of riders "
4 I he properly is located at 4180 Coal Creek Road, and is more specifically described in Fah ibit A
5. The property is zoned RS 30 and contains 22 1 acres
6. Mid-Continent Resources operated a complex of underground coal mines in Coal Basin from early
1950s to 1991. More than 5,800 acres of lands previously owned by Mid-Continent Resources have
been transferred into the ownership of the National Forest Service 1NFS)as part of the White River
National Forest I WRNF) The subject property is the remaining portion of the holdings of Mid-
Continent Resources.and k surrounded 113 '.SI S !and. The property was heat ily impacted by the formol
industrial operation. Since the mines were closed,the propery has been reclaimed,which included
elimination of surface facilities,backfill,grading,drainage and seeding. Even with the reclamation
work that has occurred,e idence of the mining operation remains. the lamphousc is the only
remaining mining structure on the property. 'l he property is traserscd by old mining roads. The public
is allowed to use Coal Basin Road for pedestrian, bicycle and equestrian access to the adjacent NES
lands there are no seasonal restrictions on public use of the road,nor any restrictions on dogs.
7. '1 he Hearing Officer granted 1041 Harard Review approx al purstumt to Determination No.08-2002 to
establish principal and accessory envelopes for a single family residence and a barn, The 1041 She
Plan tray recorded in Plat Book 6.a at Pages d5-96. The barn was built. Hie residence was not built,
and the 1041 approval for the single family residence has lapsed.
Rt'so1141011}No 137t20/8
1'ag ,
8. 'I he Br CC heard this application at a duly noticed public hearing on October 24,2018.at which time
evidence and testimony were presented with respect to this application.
9. lite B(tCC finds that the proposal is consistent with the Crystal River Master Plan.which encourages
expansion of recreational opportunities for residents and visitors,while maintaining the integrity of the
Valles's ecosystems.and that the proposed restoration work will benefit wildlife and the public.
10. 1 he BOCC tirnher finds that the Applicant has committed to continue to work with the WRNI!
Ranger District to steward the surrounding NIS lands,to ensure that user-created trails do not appear
on NFS lands adjacent to this prig ate land project through signage and education,and to help the
Ranger District increase Hail signage on NFS lands surrounding the private parcel.
'. 1. the BOCC tirther tip:ds that'he Applicant has voluntarily offered a trail easement to the County to
ensure public access to the trails,
12 'I he BOCC further finds that the proposed Activity Envelopes and Sile Plan for the trails and
restoration work comply with the applicable provisions of the I.and I'se Code,as follows:
A. Portions of the trails w ill be located within the riparian and wetland buffer of Coal Creek.which
may he permitted pursuant to Sec, 7-20-80(c)(I) of the land Use Code(Code), The trails
proposed in this area take advantage of flat terrain that was previously disturbed by mining
activity, and will not create any adverse unpack.
13, Restoration work is permitted in the riparian and wetland buffer of Coal Creek.pursuant to Sec.
7-20-80(c)(2) 1 he Applicant proposes to seed and plant in the riparian area to restore disturbed
areas,enhance existing riparian vegetation. and reduce erosion No work is proposed with in
Coal Creek.
C, Portions of the trail alignments encroach on slopes in excess of 30% The proposed non-motorized
trails w ill be located on :and held in casement by the County. therefore,development of the traits
may occur on slopes in excess of 30%.pursuant to See, 7-20-2010, 1 he trails will be built in
accordance with sustainable trail design standards. and will not subject users to hazardous
conditions, In some areas the trails will he used to mitigate erosion and stabilize slopes
D. The property is tint within any mapped wildlife habitat areas,
E, I he property is proximate to mapped elk production areas 1 he Applicant's consultant,Colorado
Wildlife Science LLC. field serified the elk production habitat and Colorado Parks and Wildlife
concurred that the steep slopes to the south of Dutch ('reek pros ide an adequate buffer between the
production habitat and the closest trail. 1 herefore.the trail complies with Sec. 29-80td!and a
seasonal use restnetion is not requited
h. Given the C P W concurrence abos e regarding the steep slopes providing an adequate buffer
between the produetu in habitat and the trail. the Code would not require a dog prohibition or
kenneling/leashing requirement. In addition.the public easement on Coal Basin Road through
the property and the stmounding NES lands do not prohibit dogs or require that dogs be leashed,
G. The property is within the scenic view protection area as seen from Coal Creek Road. The trails
will have limited visual impact as seen from Coal Creek Road In some areas the trails will utilize
pre iously disturbed areas In undisturbed areas.the trails will he constructed to meander through
existing vegetation,which will screen the trails. The restoration work at the entrance to the
propene will mtproa c the N Waal impact by reintroducing native vegetation,
13, 1 he B(CC finds that it is in the best interests of the citizens of Pitkin County to approve this
Resolal ion.
Recn6ehun No J-20/8
Page 3
NOW, THEREFORE,BE IT RESOLVED ht the Pitkin County Board of County
Commissioners that it does hereby approve the Crystal Basin Holdings TIC Activity Em elope and Site
Plan Review,subject to the follow ing conditions.which shall run with the land and be binding on all
successors in interest.
I The Applicant shall adhere to all material representations made in the current or prior applications or in
public meetings or hearings and shall consider those representations to he conditions of approval, unless
amended by other conditions. These representations include the Coal Basin Trails Operations and
Management Plan, which is attached as Exhibit B.
2 Prior to submission of an Earthrnoymg/Clearing/Grubhing permit application, the Applicant shall be
required to submit for approval by the County Attorney and Community Development an Actn itv
Envelope and Site Plan in accordance with Land Use Code Section 2-30-20(g)and Application
Manual Section 2 1 12. The above referenced approvals shall he a condition precedent to finalization
and recordation I he Actn ity Envelope and Site Plan shall be amended as follows,prior to
recordation:
A. Include the Restoration Plan with the Site Plan.
B Include a note that actual disturbance to construct the trails within the Trail Envelopes shall be
limited to 5' on each side of the established centerline of the trail.
3 Within 90 days atter completion of construction of the trails, the Applicant shall submit to
Community Development for recordation an amended Site Plan that identifies the as-built location of
the trails
4 Concurrent with recordation of the Actin,itv Envelope and Site Plan, the Applicant shall record an
easement for public use of the trails the Easement shall run to the benefit of the County, shall be
enforceable by the C minty,and may not be released or amended without the consent of the County
Prior to recordation, the Easement shall he submitted to the County Attorney and the Open Space and
"I rails Land Officer for review, accepted by the Open Space and Trails Board as an asset. and
accepted by the Board of County Commissioners by Ordinance
5 With the Larthmoving'Clearing/Grubbing permit application,the Applicant shall:
A. Submit a drainage and erosion control plan for review and approval by the Planning Engineer I he
Applicant shall apply for and obtain a State Stomnvater Permit, if applicable. All historic and
natural drainage patterns shall be maintained. Stormwater shall he detained onsite and allow
infiltration of runoff prior to discharge
B. Submit a detailed restoration and revegctation plan with appropriate native materials
C. Submit a tree litigation plan if any trees with larger than 6"DBH are to he removed
D Submit the 1996 Environmental Site Assessment by!Tartan&Associates, Inc , including
information regarding soils testing,and the August 27,2007 Summary Report Coal Basin Mine
Reclamation Projects by Steve Renner, Colorado Divisions of Reclamation, Mining and Safety to
Environmental Health to rev iew.
E. Demonstrate that the trail construction w ill avoid areas where a soil cap has been placed as part of
the reclamation, or, if a cap will be breached,then the Applicant shall provide a plan to replace the
cap.
Rtnolutms Vo 131-2018
Page 4
6 All plants used for landscaping and revegetation shall he native species Areas disturbed by
construction shall be re-vegetated within one growing season of the project's completion.
7 Users of the trails may keep dogs off-leash, but shall keep dogs under sight and voice control at all
tunes.
8 Trash/garbage shall he kept in an approved bear resistant container or enclosure
9 No development shall occur outside of the approved Activity Lm elopes.
10 The ponds shall he available for tire-fighting
11 Any new fencing on the property shall comply w ith the following standards
A. Wood rail fencing shall employ three(3)rails or less, be the round or split rail type, shall not
exceed fifty-four(54) inches in height above ground ley el, and twelve(12) inches in width (top
view), and shall have at least eighteen (18) inches between the lower two(2) rails.
B. Wire fencing must be three(3) strands or less. The top wire should be a twelve-point-five ( 12.5)
gauge twisted barbless type at a maximum height of forty-two(42) inches. The middle strands
(which may he barbed) should he located a minimum twelve(12_) inches apart and from the top
wire preventing entanglement when mule deer jump oyer The bottom strand should he sixteen
(16) inches from the ground
C. Mesh or woven wire fences are prohibited,except when used for protection around isolated trees
or clumps of trees.
12 By October 31, 2020 the Applicant shall submit a report to the Community Development
Department providing information on trail usage and any issues identified in the first year that the
trails are in use Community Development shall forward the report to the BOCC for consideration at
a public meeting The BOCC can decide at that time if any amendments to the conditions of
approval are warranted, and can determine if future reporting to the County shall he required
13 failure to comply with the conditions of this approval may result in revocation of this approval, or
any subsequent permit(s) or approval(s) related to this property, or vested rights associated ith this
property
14 Statutory vested rights for the approv al contained herein are granted pursuant to the Pitkin County
Land Ilse Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
C ode. § 2-20-170 and C R S., $ 24-68-1115 'I he statutory vested rights granted herein shall expire on
OCA. at, , 2202l.
Resohmnn Ai)e -201S
Page S
PUBLIC NOTICE PUBLISHED IN THE ASPEN TIMES WEEKLY on the 15"' day of March,2018
APPROVED AND ADOPTED on the 24"'day of October, 2018
PUBLISHED AFTER ADOPTIT FOR VESTED REAL PROPERTY RIGHTS in the Aspen
Times Weekly on the594-day atbu14iarc 2011
AT TSF BOARD OF COUNTY COhLVIISSIONERS
O\ FPPII IN COUNTY,COLORADO
J etre Jones, Patti Clapper,Chair
D stay Clerk and Reorder
Date: C(- 15 - P-a2 / I
APPROVED AS TO FORM. APPROVED AS TO CON FENT
U-1 8 ,C*
n
—kliTtrrt7 Raisins)._v. kJta�h,I 161— Cin Houben,
two County Attorney !/ Community Dey elopment Director
Case aE011-18
PID 0272710400004
LEGAL DESCRIPTION
The Land referred to in this policy is described as follows:
A parcel of land situated in Sections 10, 11, and 15 all within Township 10 South, Range 89 West of the Sixth Principal
Meridian, County of Pitkin, State of Colorado, being more particularly descnbed as follows:
Section 10:
SE 1/4 SE 1/4 NE 'A SE'/.,
SE 1/4 SE '/,
5 ''/, S%SW 'ASE%,
S%S''/,SASW'/,,
Section 15:
N % NW'/.NW '/..
N %S %NW 1/4 NW ''A
NE''/1 NW '/.,
N %NW 'A NE '/.,
N %NW'A NE'A,
N '4 SW%NE''A NE'/.,
N '1 NE 'G NE''/.,
Section 11:
SW'A SW %
Excepting therefrom a parcel of land described as Reception No. 409040 on 1st of October 1997 in Pitkin County, being
more particularly descdbed as follows:
Beginning at the Southwest 1/16 Corner of Section 11;
thence South 00006'East 1310.10 feet to the West 1116th Corner of Sections 11 and 14;
thence North 89044'West along the Section line 475 00 feet;
thence North 00°11'West 710.00 feet;
thence West 50.00 feet;
thence North 602.00 feet to the North line of the SW '/°SW '''A,
thence along said North line of the SW''A SW '/.South 8911'East 525.00 feet, to the Point of Beginning
County of Pitkin, State of Colorado
Farm 5000000-C(7-1-14) Page 1 el 1 I Schedule C
EXHIBIT B
COAL BASIN TRAILS, OPERATIONS & MANAGEMENT PLAN
Intent:The trails at Coal Basin at 4180 Coal Creek Road are intended to provide recreation
and access to the surroundings of the Coal Creek and Dutch Creek forested areas on the
private property for the general public through the dedication of trail easements for the
benefit of Pitkin County (see recorded easement documentation for specifies and
parameters).Trail system willprovide optimized experiences for mountain bikers ranging
from beginner to expert skill levels.
Allowed Uses: Most of the trails will be designed for mountain bike experiences. but open
to use by runners and hikers. Directional descent-only trails may he signed as open to use
by mountain bikers only. Equestrian use will be prohibited on these private land trails but
shall remain an allowable use on the U.S. Forest Service Easement that crosses through the
property. No motorized uses will be allowed on trails specified for mountain biking,
although Class I E-Bikes may be allowed on a trial basis. Trails will include motion cameras
to monitor usage for compliance with the allowed uses pre.iously stated.
Winter hiking, fat-tire mountain hiking, and Nordic skiing may be allowed on some system
trails and may he supported through traditional Nordic grooming techniques
Camping for the general public w ill not he authorized on the property Picnic facilities
including tables may be provided at the discretion of the property owner but must be
located outside of any delineated flood plain areas.
In alignment with US Forest Service policy and l i SFS Easement through the property,dogs
w ill be allowed on the Coal Basin trails if kept under constant sight and voice control. Dogs
may be disallowed in the future if evidence arises of w ild life disturbance.
Hours/Days of Operation: Sun-up to sun-down. year-round. Annual closures during
shoulder seasons will occur in the Spring and Fall at the discretion of the landowner to
lessen impacts to wildlife and minimize deterioration of the tails during wet runoff months
and pre-w inter conditions.
Trail Construction: The trails as designed and depicted in the attached site plan
(Attachment A)shall be constructed by Progressive Trail Design utilizing best
management practices and methods that assure safety, proper drainage and minimize
erosion as described in the Construction Management Plan provided with the
subsequent Earth Moving Permit submission All revegetation of nevi ly constructed trails
shall occur within one-year from the completion.
Trail Maintenance: The trails will be maintained h. the Coal Basin management team
utilizing various volunteer labor as typically facilitated and organized through the Roaring
Fork Mountain Bike Association (REM BA) or other local non-profit organizations In
addition to any public volunteer efforts, landowner may engage a professional trail crew
for any major maintenance needs,as they arise.Trails will be maintained in accordance
with Title 12 of the Pitkin County Code.
Noxious weed management will occur seasonally by specialists to control and prevent the
spread of invasive species throughout the Coal Basin property.
Facilities and Parking: In accordance with U.S Forest Service policy, Coal Basin
management will not provide trash receptacles in effort to encourage packing-out trash
and minimize conflicts with wildlile Coal Basin willproh ide port-a-potties duringthe
mountain biking season(May to October)and will maintain/replace these amenities as
needed for the general public and remove them seasonally.
Coal Basin will provide access and means for organized and scheduled educational trail
usergroups to contact Emergency Medical Sen ices(EMS)via a 45 watt Motorola Radio
Base Station providing a direct link to FMS services in Redstone and Carbondale.
Coal Basin will collaborate with the White River National Forest to further develop the
parking plan for all users that encompasses potential for parking on the Coal Basin
property as well as continued use of the existing WRNF parking lot.
Any water resources including Dutch Creek, Coal Creek, and future ponds may be accessed
by local and Federal authorities for firefighting purposes in the \icinity.
All fencing shall comply with the fencing standards specified in the Pitkin County Land Use
Code.
Signage : Coal Basin will provide on-site maps/directional signage at trailheads and along
routes that describe level of difficulty of each trail, etc. Coal Basin will collaborate with
WRNF to appropriately indicate where users leave private property and enter public lands.
Signs shall prohibit the proliferation and expansion of non-system trails on WRNF
property. Rules, expectations. and a "Code of Mountain Biking Ethics" for trail use will be
posted at the trailheads as well as a contact phone number and email for Coal Basin
management team and the nearest available public phone location. I railhead signage shall
include a statement requiring users to respect wildlife and the cattle grazing by maintaining
control of dogs at all times and keeping fencing in place and "as is" on Coal Basin and
adjacent WFNF lands. A sign specifying the liability of the users (relieving responsibility
of the property owner. Pitkin County. and the U.S. Forest Sen ice) will also he included at
the trail head in a highly visible location.
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