HomeMy WebLinkAboutbocc.res.050.2022RECEPTION#: 689091, R: $0.00, D: $0.00, 07/21/2022 at 09:53:53 AM, Pgs 1 of 5, Ingrid K. Grueter, Pitkin County, CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITHIN COUNTY,
COLORADO, GRANTING ANNUAL REVIEW APPROVAL TO THE ELAM GRAVEL PIT
SPECIAL REVIEW PERMIT (2021 OPERATING SEASON), AND APPROVAL FOR A MINOR
AMENDMENT TO A DEVELOPMENT PERMIT
Resolution No. 050-2022
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 Applicant requests annual review approval for the 2021 operating season under the Special
Review Permit granted pursuant to BOCC Resolution No. 052-2009. The annual review provides the
opportunity for the operator to demonstrate compliance with the conditions of the permit, and for the
County to require corrective measures or to impose new conditions. The Applicant is also requesting
a Minor Amendment to a Development Permit to amend conditions 16A and 16B in BOCC
Resolution No. 052-2009 during the 2022 operating season to allow an increase in the allowed
nighttime operations from the 10 that are allowed to 20 nighttime operations. They also request an
increase of nighttime truck loads from 40 truckloads to 60 truckloads. The 10 additional nighttime
operations would occur in September 2022, and would support the Colorado Division of
Transportation Project NHPP 0821-111 Pitkin (Hwy 82 Roundabout).
4. The Parcel is located at 7911 Upper River Road and is more specifically described in Attachment A.
5. By Resolution No. 99-69, the BOCC extended the special review approval for 10 years, until April
14, 2009.
6. 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.
7. On March 25, 2009, the BOCC amended Resolution No. 99-69 to extend its expiration date to allow
Elam operations to continue.
8. 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.
9. 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.
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10. On July 13th, 2022, 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 2021 where members of the public had
opportunity to voice their comments.
11. The BOCC has determined that the Applicant has been operating in compliance with the terms of
Resolution Nos. 99-69, 052-2009, and 046A-2021.
12. The BOCC further determines that the Applicant has satisfied the requirements of BOCC Resolution
Nos. 052-2009, and 046A-2021.
13. The BOCC further finds that pursuant to Section 2-20-150(b), the proposed amendment for the 2022
operating season complies with the applicable provisions of the Land Use Code and will not change
the use of the proposed development or the basic character of the land, is consistent with action taken
during the original review, does not increase the allowable floor area, and will not endanger the public
health, safety or welfare.
14. 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 (2021) and Minor Amendment, 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 2022, and the results shall be submitted with the 2022 annual review. The Environmental
Health Department shall review the sampling process.
6. The Environmental Health Department shall be notified immediately after any future spills so that
they may work with the remediation company to clarify the cleanup standards.
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7. 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.
8. For the 2022 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.
9. 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.
10. 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.
11. The Applicant shall continue to monitor and manage the trees required in the 2016 Landscaping Plan.
In the fall of 2022, the Applicant shall request final inspection from the Community Development
Department 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.
12. Condition 16A of BOCC 052-2009 shall be amended and include the following language:
a. "For the 2022 mining season only, the Elam Gravel Pit may be allowed a maximum of 20
nighttime operations at the Asphalt/Hot Mix and concrete batch plants."
13. Condition 16B of BOCC 052-2009 shall be amended and include the following language:
a. "For the 2022 mining season only, the maximum number of nighttime truckloads shall be 60
truckloads per night."
14. Failure to comply with these conditions of approval shall result in revocation of the approvals and
permits.
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NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 23RD
DAY OF JUNE, 2022.
APPROVED AND ADOPTED ON THE 13TR DAY OF JULY, 2022.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
.ai& 61 By pa{li ((ypu,
Julia Ely Patti Clapper, Chair
Deputy Clerk and Recorder
Date Jul -21-2022
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Richard Neiley III,
Swyetbu .t. (bt.ff
Suzanne Wolff,
Assistant County Attorney Assistant Community Development Director
PID#: 264316102010
PLAN.0395.2022
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Attachment A
LEGAL DFSCR1PTIDN
Ls 1 of the Elam Subdivision, according to the Plat recorded lane 2,19S2 In Plat Book 13, Page 47.
Thistrea of lend Is located withinSe:don 16, Towmhlp 9South, Range B5 Wst tithe 6w Principal
Mallon. County of Pekin, 5twte or Colorado. Lot 1tswmptkedof two parcelshana mare
SOWN* descried mefi tows:
PACEL LV BogInnIng at the Norehnrat Cornsa the ftanimist quarter of Settler 10, Township 9
South, Rase B5 Wert 511ti0'OB' Fa distance of 164.14'to the Pols of Befnnb,j thence S
jps.512'E4 dance of 393.fi6'; thence 56699107" 6 a distance of 5Z7A ;thence S Nina' Ea
Seta non of 532.74':thence S 69'21'46' E a dletenco of 454.69% thane N BL'16'38" Ea distance of
409.38'; thence N fir S1'26' E a dstonea of 211.35'; thrice S 8n'4711" E a distance of 369.63';
thence S 00 24'36" E a distance of 2411.0r; thane S 9Y34'00" W a dam= of 756.511; Shaun N .
30'0 ar W a dyne of 75.42'; thence N 34'57n0' W a distance of 264A21;there N 2619.'CO' W
a dShnce of 4431rr; theme with a one turning td the right with an arc length of 92.32', wvlar a
radius of 949.24'; thence N 12111'00' W a distance of 150.00; Mende with a earee Waning to the leis
Wish an arc length d16197'. wits u radius of 246.31 .then s NSC1730" W a distance of 250.00';
thins with a acweturning to the with an arc length of 103.5a, with a rats of EOOAC, thence
N 40'26'30' W a distance of 359.94', thane yeith a curs turning to the left with en arc length of
{SLOE', weh a radius of 4201AE; thence N 4r4fO" W a distance of 160.94'; thanes with a curve
taming to the left with an arcane!' of 77.71', with a radius of 114.E9';Theca N 15'64'141'Wa
lamas of EMIT; thence with a curs tainting to the left with an are tent! of 7_00 35', with a reds
d 1095.0t; these N 25'33114" W a distance of 694.44; which is the Pole of BagkmNa hawing an
arse of4293097 square feet 98326 acre.
PARCEL 1B: beginning at the Southwest [other lathe Northeast Charter of Secdon 16, Township 9
South, Range 15 West, N 7W4724' E ■ distance of t42.64'to the Peett of Beginnier thence N
3TO3'OC E a distance of 63437'; thane N 3C1730' W e dlttante of 250.001; thane with a toes
turvth to the right withan arc length of 108.67', wish a radium of 630.00; Shalom N 40'2037Wa
distance of 359.94'; thence with a curve turning to the Aft with en are length of 56.231, irate radius
of453.BY; thenceMarita0' W e distance of260.9V; thaws with a curve tumbeto Is Jet with
ae arc length of 45.92', wrtth • radius of 64.69; thence 510'0fo" E a distance of 570.74'; which Is
the point of haginndng, hawing on erne of 2785191J agcere feet 6.394 acres.
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