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Home My WebLink Aboutbocc.res.046A.2021RECEPTION# 682325 R: $0.00, D: $0 00 DOC CODE: RESOLUTION Pg 1 of 5, 11/04/2021 at 02:39:16 PM 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 (2020 OPERATING SEASON) Resolution No. 046A -2021 RECITALS 1. Pursuant to Section 2.8.4 (Actions) of the Pitkin County Home Rule Charter ("HRC"), all matters not required to be acted upon by ordinance or formal resolution may be acted upon by informal resolution. 2. 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. 3. The Parcel is located at 7911 Upper River Road and is more specifically described in Attachment A. 4. By Resolution No. 99-69, the BOCC extended the special review approval for 10 years, until April 14, 2009. 5. 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. 6. On March 25, 2009, the BOCC amended Resolution No. 99-69 to extend its expiration date to allow Elam operations to continue. 7. 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. 8. 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. 9. On July 14th, 2020, the BOCC held a public hearing for the annual review of the Elam Sand and Gravel Pit Special Review Permit for the operation year of 2020 where members of the public had opportunity to voice their comments. 10. The BOCC has determined that the Applicant has been operating in compliance with the terms of Resolution Nos. 99-69, 052-2009, and 077-2020. 11. The BOCC further determines that the Applicant has satisfied the requirements of BOCC Resolution Nos. 052-2009, and 077-2020. Page 1 of 5 RECEPTION#: 682325, 11/04/2021 at 02:39:16 PM, Pgs 2 of 5, Janice K. Vos Caudill, Pitkin County, CO 12. The BOCC finds that it is in the best interests of the citizens of Pitkin County to approve this Resolution. NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Pitkin County, Colorado, hereby approves the Annual Review for Elam Construction, Inc. Gravel Pit Special Review Permit (2020) 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 Resolution No. 99-69 and Resolution No. 052-2009, except as amended herein. 3. The Applicant shall continue to implement the thistle and noxious weed elimination plan. This applicator of the herbicide shall be licensed and shall avoid spraying near waterways, drainage courses, and ditches. The 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 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. 5. 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 2021, and the results shall be submitted with the 2021 annual review. The Environmental 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 home structures near the southern property boundary shall not be used for habitation. 7. For the 2021 mining season, mining shall not occur any closer than 700' setback line from the main residence to the north located at 0401 Woody Creek Road. The measurement shall be linear and be taken from the closest point of the main residence to the Phase 2 mining area. While mining past the 1,000' setback line, the 700' setback line shall be delineated with stakes and flags. 8. Condition #8 of BOCC Resolution No. 052-2009 requires that only one (1) employee and his family may remain onsite at the pit year round for security. Elam 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 a day off, coverage can still be maintained. The BOCC acknowledges that this is acceptable. 9. Drivers hauling material to and from the pit shall be made aware of the stop sign at the Y intersection of Smith Way and Upper River Road and shall use additional caution when traveling though this area. Page 2 of 5 RECEPTION#: 682325, 11/04/2021 at 02:39:16 PM, Pgs 3 of 5, Janice K. Vos Caudill, Pitkin County, CO 10. The Applicant shall continue to monitor and manage the trees required in the 2016 Landscaping Plan. In the fall of 2022, the Community Development Department shall complete a final inspection of the trees to confirm the viability of the plantings and return the remaining $23,100 security deposit if all the required landscaping is viable at that time. 11. In order to access the current mining area and operate from above the pit for a maximum of 2 weeks during the 2021 operating season, the Applicant shall either: a. Demonstrate to the Community Development Department that access to the current mining area and operation from above the pit can be accomplished without exceeding the 48dB(A) as measured at the property line of the 0401 Woody Creek Road. The Applicant shall then provide notice to the Community Development Department and the owner of 0401 Woody Creek Road a minimum of 2 weeks prior to the proposed 2 weeks of temporary access and operation. The temporary access and operation shall not exceed 48dB(A) as measured at the property line of 0401 Woody Creek Road. OR b. Obtain written consent from the owners of 0401 Woody Creek Road accepting that for a maximum of 2 weeks, noise levels may exceed 48dB(A) as measured at the property line. Proof of consent shall be provided to the Community Development Department a minimum of 2 weeks prior to the proposed 2 week maximum duration of temporary access and operation. Page 3 of 5 RECEPTION#: 682325, 11/04/2021 at 02:39:16 PM, Pgs 4 of 5, Janice K. Vos Caudill, Pitkin County, CO NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON JUNE 10, 2021. APPROVED AND ADOPTED ON THE 14TH DAY OF JULY, 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By Julia Ely Kelly McNicholas Kury, Chair Deputy Clerk and Recorder APPROVED AS TO FORM: Richard Neiley III, Assistant County Attorney PID#: 264316102010 PLAN.0325,2021 Date Nov-03-2021 APPROVED AS TO CONTENT: Cindy Houben, Community Development Director Page 4 of 5 RECEPTION#: 682325, 11/04/2021 at 02:39:16 PM, Pgs 5 of 5, Janice K. Vos Caudill, Pitkin County, CO Attachment A 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 621 Principal Meridian, County of Pitkln, State of Colorado, Lot 1 is comprised of two parcels being gore particularly described as follows: PARCEL IA: beginning at the Northwest Corner of the Northeast Quarter of Section 16, Township 9 South, Range 85 West; 518'00'65" a distance of 164,84' to the Point of Beginning; thence S 70'55'12' E a distance of 393.66'; thence 5 68 39'07" E a distance of 527.45'; thence 5 55°33'26" E a distance of 538,74'; thence 5 53°2146' E a distance of 434.89'; thence N 81°18'38" E a distance of 4013E'; thence N 63'61'28" E a distance cif 218.35'; thence S 34°47'92" E a distance of 359.63'; thence 5l0'24'36" E a distance of 2411.8$; thence 5 85"34'6O' W a distance of 756.58'; thence 11 30'O0YO0" W a distance of 75.42'; thence N 34'S4'04"' W a; distance of 2 d4.96'; thence i4 28°28'40" W a distance of 443.Cet; thence with a curve turning to the right with an arc length of 99.32', with a radius of 349.24'; thence fJ 12°11'00" W a dlst2ncc of 150.00; thence with a curve Waring to the left with an ate length of 161.57', with a radius of Z43.3 ,'; thence N 50°19'30" W a distance of 250,00'; thence with a cares turning to the right with an arc length of 103.50r, 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 turnieg tattle left with an arc length of 77:71', with a radius of 114.69'; thence N 3.704'14"' 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 1095.60'; thence N 25'39'14' 6V a distance of 694.94'; which is the Point of Beginning, having an area of 92319097 square feet, 98,326 acres. PARCEL 18: beginning attha Southwest Corner cif the Northeast quarter of Section 16, Township 9 south, Range 85 West, N 70'42'24' E a distance of 642.64' ib the Pouf 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 40'26'90' W a distance of 359.94'; thence with a curve turning to the left with an arc length of 56.23', with a radius of 453,82'; thence N 47'46'30" W a distance of 260.99'; thence with a curve turning to theJeft with an arc length of 46.92", with a radians of 84.69% thence 510'0910" E a distance of 870.74'; which is the point of beginning, having an area of 2.78519.21 square feet, 6,394 acres. Page 5 of 5