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HomeMy WebLinkAboutMinutes 01/12/16 PUBLIC HEARING January 12, 2016 Present: Kathy Chandler-Henry Chairman Jeanne McQueeney Commissioner Jillian Ryan Commissioner Brent McFall County Manager Beth Ayres-Oliver Assistant County Attorney Kathy Scriver Deputy Clerk to the Board This being a scheduled Public Hearing,the following items were presented to the Board of County Commissioners for their consideration: Commissioner Updates Commissioner McQueeney encouraged people interested in the election process to attend the`Build a Better Colorado"conference on Thursday at the Grandview room in Lionhead. Chairman Chandler-Henry spoke about the recent meeting with the Health Care Cost Commission. The discussion covered the high cost of health insurance for the counties and mountain communities. This was a critical issue and a representative for the board would continue to attend the monthly meetings. Consent Agenda 1. Final Settlement of Contract between Eagle County and Gould Construction,Inc. for the Cedar Drive Road Improvements Project Ben Gerdes,Engineering 2. Final Settlement of Contract between Eagle County and Oldcastle SW Group, Inc. for the 2015 Asphalt Overlay Project Gordon Adams,Road and Bridge 3. Amendment to the Task Order Contract between Eagle County and the Colorado Department of Public Health and Environment for Extension of Immunization Core Services Rebecca Larson,Public Health 4. Resolution 2016-003 Approving Special Use permit for Beano's Cabin DAS Antenna System (Eagle County File No.ZS-5807) Kris Valdez,Planning Commissioner McQueeney moved to approve the Consent Agenda for January 12,2016, as presented. Commissioner Ryan seconded the motion. The vote was declared unanimous. Citizen Input Chairman Chandler-Henry opened and closed citizen input,as there was none. 1 01/12/2016 Planning File 4. ZS-5654 Oldcastle Fairgrounds Gravel Pit Special Use Permit Bob Narracci,Planning Taylor Ryan,Engineering Oldcastle SW Group,Inc.,Applicant Jason Burkey,Representative Action: Request for review of a Consolidated Special Use Permit for gravel extraction and processing on the Eagle County Fairgrounds property. Specifically,this proposed Special Use Permit is to bring the existing aggregate mining and processing activities into conformance with a new Sand and Gravel Mining Lease between Eagle County, Colorado and Oldcastle SW Group, Inc.,that was executed on April 21,2015 Location: 001400 Fairgrounds Road,Eagle, Colorado • FILE NO./PROCESS: ZS-5654/Special Use Permit PROJECT NAME: Oldcastle Eagle County Fairgrounds Gravel Pit Special Use Permit LOCATION: 001400 Fairgrounds Road,Eagle,Colorado OWNER: Eagle County Government APPLICANT: Oldcastle SW Group,Inc. dba United Companies(United) REPRESENTATIVE: Jason Burkey,Environmental/Resource Manager STAFF PLANNER: Bob Narracci STAFF ENGINEER: Ty Ryan POLICY ISSUE: `Eagle County is Financially Sound', `Eagle County is a Great Place to Live for All', and `Eagle County Promotes a Diverse and Resilient Economy'. STRATEGIC PLAN OBJECTIVES: `Leverage County resources through grants, outside funding sources and partnerships', `Create communities with a sense of place',and `Promote business expansion,retention and attraction'. STAFF RECOMMENDATION: Approval with Conditions ECPC RECOMMENDATION: Unanimous Approval with Conditions I. EXECUTIVE SUMMARY: Proposal Overview The Applicant requests review of a Consolidated Special Use Permit for gravel extraction and processing on the Eagle County Fairgrounds property. Specifically,this proposed Special Use Permit is to bring the existing aggregate mining and processing activities into conformance with a new `Sand and Gravel Mining Lease between Eagle County, Colorado and Oldcastle SW Group,Inc.' that was executed on April 21, 2015. Pursuant to language in the lease, "The County leases to Oldcastle for the purposes of sand and mineral extraction those areas more particularly described on Exhibit A, attached hereto and by this reference incorporated herein (hereafter "Leased Premises'). Within one hundred eighty(180)days of the effective date of this lease, Oldcastle agrees to make application for and diligently pursue an approval of 1)a County special use permit for mining gravel thereon and 2) a Mined Land Reclamation Board permit therefore". As such, Oldcastle is required to submit this new Special Use Permit application. Given that the Fairgrounds Gravel Pit has been active since 1980,and that this proposed iteration of the governing Special Use Permit represents the final closeout plan for the aggregate extraction and processing activities on the Fairgrounds property,no other alternatives were considered. 2 01/12/2016 Strategic Plan Policy Alignment "Eagle County is Financially Sound"is the Policy Goal. "Leverage County resources through grants, outside funding sources and partnerships"is one of the objectives to reach the goal. In this instance,Eagle County is leveraging its aggregate resources in partnership with Oldcastle to both monetarily benefit from the collaboration with Oldcastle, and to utilize locally available resource to the benefit of the local community overall. "Eagle County is a Great Place to Live For All"is the Policy Goal. "Create communities with a sense of place"is one of the objectives to achieve the goal. In this instance,Eagle County,through collaboration with Oldcastle, is utilizing its locally owned and derived aggregate resources for the purpose of creating the physical `building blocks' for our local community; in turn,creating a sense of place. "Eagle County Promotes a Diverse and Resilient Economy"is the Policy Goal. "Promote business expansion, retention and attraction"is one of the objectives to realize the goal. In this instance, Eagle County,through its collaborative public/private partnership with Oldcastle, is helping to retain Oldcastle and the people it employs • •locally, in the Eagle Valley. • II. BACKGROUND AND PROPOSAL OVERVIEW: On April 26,2011,the Board of County Commissioners approved Special Use Permit(Eagle County File No.ZS- 2774)to allow LaFarge West, Inc. to extract and process gravel on the Fairgrounds property until December 31, 2027. In July of 2013, Oldcastle acquired Lafarge West,Inc. and all related assets. Oldcastle resumed gravel extraction and processing activities on the Fairgrounds property pursuant to the 2011 Special Use Permit approval. In August of 2014,the Board of County Commissioners approved a Special Use Permit(Eagle County File No.ZS- 4892)for the express purpose of adjusting the allowable hours of operation so that Oldcastle can operate the plant/site for extended hours. The purpose of allowing extended hours of operation is to accommodate publicly funded construction projects during weekends and nighttime hours. All other provisions of the 2011 Special Use Permit approval granted to Lafarge West,Inc.were carried forward and presently remain in effect under Special Use Permit ZS-4892. On April 21,2015, Oldcastle entered into a new aggregate extraction/processing lease with Eagle County. This revised lease alters the extent of the presently approved mining boundaries and the overall duration of time that the mining operation will be active. As described above,per the provisions of the new lease, Oldcastle is obliged to process this new Special Use Permit that will accurately reflect the changes to the extent of mining boundaries; all other previously approved provisions governing the aggregate mining operations, such as the below described hours of operation, shall be carried forward with this proposed new Special Use Permit. A copy of the newly executed lease is included in the Special Use Permit application materials. Chronology 1980: Board of County Commissioners approved a Special Use Permit for aggregate extraction and processing on the Eagle County Fairgrounds property. 1997: Board of County Commissioners approved an amendment to the previous Special Use Permit. Area B of the mining operation is included under this permit for both the processing and extraction of sand and gravel. 2000: Board of County Commissioners approved a Special Use Permit for continued extraction of sand and gravel in Area D; material continued to be processed in Area B. 2006: Board of County Commissioners approved an extension to the lease for mining in Area D and Area E. As a stipulation of the lease,Lafarge West,Inc.was required to apply for a new Special Use Permit. 2010: Eagle County approved an extension of the lease for mining in Areas B and D and also for the new Area F. As a stipulation of the lease,Lafarge West, Inc.was required to apply for a new Special Use Permit. 2011: Board of County Commissioners approved Special Use Permit(Eagle County File No. ZS-2774)on behalf of Lafarge West,Inc. 3 01/12/2016 2013: On July 19, 2013, Oldcastle acquired Lafarge West,Inc. and related assets. 2014: In August 2014,the BoC.0 approved a Special Use Permit(Eagle County File No. ZS-4892)to amend the allowed hours of operation for Oldcastle. 2015: On April 21,2015, Oldcastle entered into a new aggregate extraction/processing lease with Eagle County. This revised lease alters the extent of the presently approved mining boundaries. As described above,per the provisions of the new lease,Oldcastle is obliged to process this new Special Use Permit that will accurately reflect the changes to the extent of mining boundaries. 2015: Application for this new Special Use Permit was received by Eagle County on July 22na Overview of Presently Active Mining Plan. The existing Special Use Permit,Eagle Count " �. '�°° ' "`` File No. g p g Y " 7 , ZS-4892,was approved to allow aggregate h. extraction underneath the present location of the , ' fi �V WECMRD Sports Complex;this mining area is '"�" "�""°�' "- referred to s.Tpv. �. , further as Area F. The Special Use Permit also allows mining to occur in Area B and Area D to create a level, buildable/developable platform for relocation of z� the WECMRD Sports Complex and all necessary infrastructures. Further mining of Areas B and :' for wa �msr+ Complex D are required to maintain sufficient overburden above �.° the groundwater table. Under the provisions of the currently active Special Use Permit; Oldcastle, is � + n responsible for leaving the site properly prepared " ,� ' qp �� for immediate relocation of the WECMRD Sports ��- ' - a�.k-�` `'.w. Complex without the need for further soil remediation by Fairgrounds Aggregate Mining Plan WECMRD or Eagle County. Area B was cleared of all mining operations and equipment to make way for the WECMRD Sports Complex relocation. As such, all machinery and operations were shifted to Area D; a fence was erected to maintain safe separation between the future sports complex site and active mining activities. It was anticipated that this arrangement would remain in place for the duration of the mining and processing activities on Area F until final reclamation was complete. At the conclusion of mining in Area F,the Eagle County Animal Services facility would have been the only remaining structure and land left at its current elevation in this portion of the Fairgrounds property. Mining Areas A and C have been previously mined and reclaimed. The approved hours of operation for the presently approved, active Special Use Permit(ZS-4892) are: Monday through Friday: 7:00 a.m. to 7:00 p.m.April 1st through November 30"'. Monday through Friday: 7:00 • a.m.to 5:00 p.m.December 1St through March 31St Saturdays: 7:00 a.m.to 5:00 p.m. Sundays: 8:00 a.m.to 4:00 p.m. Sundays are limited to a maximum of six(6) Sundays per calendar year used only to supplant lost paving days due to adverse weather. Crushing Activities: 8:00 a.m.to 5:00 p.m. Monday through Friday only. Crushing is prohibited on Saturdays, Sundays, and Holidays With prior administrative approval from the Planning Director through the Limited Review Process as set:forth in Chapter 2, Section 5-300, Limited Review Use,of the Eagle County Land Use Regulations,the Applicant maybe permitted to operate the plants(asphalt and/or concrete)and site for extended hours, including Sundays, for county, state, federal,town or metropolitan district projects,not to exceed twenty(20)twenty-four(24)hour periods in any calendar year of operation. Oldcastle has been required to operate the aggregate mining and processing operation consistent with the above described approval. 4 01/12/2016 The newly executed lease between Eagle County and Oldcastle has eliminated Area F; the area located underneath the existing WECMRD Sports Complex, and has made some additional changes to the mining boundary as well. Relocation of the WECMRD Sports Complex is indefinitely on-hold. .'' -' ._ e t � '' AR NO M�fJ� i ����� " �w 4 Q 4A A ‘ ' ° ° i / 7 °*. s.1 . 4 "` /r f 1 Vi / -/ a \, /d /1 , ��`� ,11 � �` Ap%, a v s" ` , s - r Existing Conditions Map C-1. Please reference full size Map C-1 in the application materials. Following is an overview of the aggregate mining and processing changes that will be realized through approval of this Special Use Permit application. Overview of the Proposed Mining Plan; which conforms with the provisions of the newly executed lease. This new Special Use Permit application proposes to carry-forward all provisions of the presently governing Special Use Permit with the following changes: Oldcastle will mine the remainder of material in Area B and a peninsula of material in Area E. No more mining will occur in Area D, and Area F has been removed from all mining plans. ' -' / xnuoiaY#Xdb9IIMk4 F^^ ?�l MN9M• WL4tlf AflEA. N r'&TaMr P Please reference the full size Map C-2 in the application materials; this map shows the proposed mining activity extents in all of the referenced areas,per the revised lease. Reclamation of the site will be conducted in accordance with the revised lease and the approved Colorado Division of Reclamation,Mining,and Safety permit. Mined out areas will be graded roughly to what is shown on Map F. 5 01/12/2016 F .Y _ I�9NT'&Ii.pF1bYR9baM[M91Y ^A 3: `N"'xem' 4< Lt 7°, *" a v 6w. gym ,..® i;` is„ - r """ "am§ wt �` . +u�naaeseace �atvwtur�nA ," at ,y.,,4."' 1 ctwtrca�uays'. —_ �watrwei.cere ar�:rnrr»� j� 4. � � 6MwCE YSbFMCf 11REr8 _ r • • This version of the Reclamation Plan was received on October 13, 2015, and was not part of the original application materials. The final elevation of the mined area floors will vary. These floors will all be gently graded to conform to the lease. Oldcastle will also ensure that the west access road and ramp to be used for accessing Area B, is graded according to the designs shown in Appendix 2 of the application materials. A.s reclamation is deemed successful on areas of the pit,these areas will be released from the Division of Reclamation,Mining and Safety(DRMS) permit. Final reclamation conditions of the Fairgrounds Chambers Pit will be determined by the lease agreement between Eagle County and Oldcastle. Since Eagle County intends to utilize the reclaimed portions of the subject property for the development of recreational facilities, it is recognized that portions of the site may be released from Oldcastle's DRMS permit prior to final revegetation. This will allow the county to develop portions of the site in a manner and timeframe suitable to the county. Due to the removal of Area F from the mining plan,the amount of time being requested for this Special Use Permit has been decreased by seven(7)years from the presently controlling Special Use Permit; which is December 31, 2027. Per the new lease, "Oldcastle shall complete any excavation from the Leased Premises no later than December 31, 2020, and shall thereafter conduct no further excavation therefrom". Furthermore,per the new lease,"Oldcastle shall complete all reclamation in the manner required by the applicable mining permit(s)including reseeding the Leased Premises, and shall insure the reclamation is complete in order to prepare for the DMRS approval process no later than December 31, 2022. On expiration or other termination of this Agreement,Oldcastle's right to use of the Leased Premises shall cease, and Oldcastle shall vacate the Leased Premises without unreasonable delay; provided,however,Oldcastle shall be allowed to continue to perform reclamation in the manner required by any applicable permit(s)." III. STAFF FINDINGS AND RECOMMENDATION: Effect of Special Use Permits Pursuant to Section 5-250.E — Effect of Issuance of Special Use Permit, Eagle County Land Use Regulations, Special Use permits are valid for three (3)years until the approved use is implemented. If the approved use is not implemented within the three year time period, the permit expires. Upon implementation of the approved use within the three year time period, Special Use permits remain valid in perpetuity, unless an expiration date or exception has been placed upon the permit by the Board of County Commissioners. 6 01/12/2016 In this instance, a recommended condition of approval is included that will expire this Special Use Permit on December 31, 2022; which is consistent with the provisions of the new executed lease agreement. NECESSARY FINDINGS: Chapter II,Article 5, Section 5-250, Special Use Permits Section Purpose: Special Uses are those uses that are not necessarily compatible with other uses allowed in a zone district, but which may be determined compatible with the other uses allowed in the zone district based upon individual review of their location, design, configuration, density and intensity of use, and the imposition of appropriate conditions to ensure the compatibility of the use at a particular location with surrounding land uses. All Special Uses shall meet the standards set forth in this Section. Standards: • • Section 5-250.B. The issuance of a Special Use Permit shall be dependent upon findings that there is competent evidence that the proposed use as conditioned, fully complies with all the standards of this Section, this Division, this Article, and these Land Use Regulations. The Planning Commission may recommend and the Board of County Commissioners may attach any conditions deemed appropriate to ensure compliance with the following standards, including conformity to a specific site plan, requirements to improve public facilities necessary to serve the Special Use, and limitations on the operating characteristics of the use, or the location or duration of the Special Use Permit. Staff believes this proposal, as conditioned and based on representations made by the Applicant, meets all applicable standards for a Special Use Permit, as well as those standards specific to Exploration, Extraction and Processing Operations. Staff is recommending approval with conditions. Section 5-250 B—Standards: 1. Consistent with Comprehensive Plan. Staff Response: Staff believes the proposal is in substantial conformance with all applicable plans and adopted policy documents. Specifically, the proposal was reviewed against relevant guiding policies, goals, and recommended implementation strategies of the Eagle County Comprehensive Plan, the Eagle Area Community Plan, and the Eagle County Open Space Plan. It has been established, and reestablished via multiple Special Use Permits for aggregate mining and processing on the Eagle County Fairgrounds property, that the mining activities are consistent with the Eagle County Comprehensive Plan and all applicable ancillary plans. This Special Use represents a reduction in the overall scope and timeframe for mining activity on the subject property. Eagle County Comprehensive Plan Evaluation The `Development' section of the Comprehensive Plan speaks to preserving quality of life attributes,maintaining or enhancing community character, and limiting economic development to a scale and type that is consistent with local character. Aggregate mining has occurred on the Fairgrounds property since 1980, and contributes to quality of life attributes by producing a product that maintains and enhances community character and quality of life for all residents and visitors. The `Economic Resources' section of the Comprehensive Plan encourages land uses that further support and enhance the regional economic structure and local economic drivers. The aggregate mining activities achieve this objective while not significantly detracting from economic activities that depend on healthy natural environments and ecosystems. As extraction is completed and the land reclaimed, Eagle County will be able to utilize the land to provide a variety of public benefits and enhanced use of the Fairgrounds property. 7 01/12/2016 Affordable Housing is not necessitated by this proposal because no new jobs will be created as a result of this Special Use Permit. Regarding `Infrastructure and Services', the Fairgrounds Road is sufficient for the needs of this proposal. Additionally, when Lafarge still operated this aggregate mining operation, Lafarge coordinated closely with Eagle County to ensure that all utilities be properly relocated in the correct location(s). Since Oldcastle took over operation of the aggregate mining operation, Oldcastle has been responsible for adherence to agreements formerly made by Lafarge, as well as, the provisions of the approved Special Use Permit, Eagle County File No. ZS-4892. This will not change as a result of this new proposed Special Use Permit. Pertaining to `Water Resources', Best Management Practices are employed to protect groundwater and surface water resources. Lafarge coordinated with the county regarding proper erosion control measures to be implemented and to ensure appropriate buffers remain between the mining activity and the Eagle River. An earthen berm has resulted over time between the Eagle River and the southern edge of Area B by the apparent combined efforts of earlier mining activity and installation of the irrigation ditch which runs between the berm and the Eagle River. During mining, the berm will remain in place to assist with protecting and buffering the Eagle River from mining impacts. Upon the completion of mining, the berm will remain and will be re-contoured to a more stable slope and to emulate more natural conditions. The berm will be properly revegetated. Per the Colorado Parks and Wildlife Referral Response, "As this special use permit proposes a decrease in scope of the area to be mined and a shortening of the mining duration by 7 years, CPW has no new recommendations and would like to use this opportunity to reference our previous reclamation recommendations. Upon completion of the mining activity on the property, CPW recommends the planting of native vegetation on the site to help prevent erosion and provide natural cover and food source for a variety of wildlife. Referencing the list of prevalent plant species found in the Wildlife Analysis and Environmental Impact Report, Section 2 (Environmental Conditions) C.(Native Grasses, Trees, Shrubs, or Other Vegetative Cover; CPW recommends reseeding the completed site with smooth brome, orchard grass, common timothy, crested wheatgrass, intermediate wheatgrass, and perennial ryegrass as well as a variety of native grasses, especially creeping wild rye, slender wheatgrass, and western wheatgrass. A weed management plan will need to be implemented to ensure noxious weeds do not overtake the site of revegetation. Upon the banks of the Eagle River, CPW recommends the planting of native willow and cottonwood trees to prevent erosion and to provide additional habitat for a variety of wildlife. Once the perimeter security fence is removed and it is deemed necessary to fence the site location, CPW recommends the following spacing for wildlife friendly fencing: For three-strand wire fences, CPW recommends that the top wire be at a maximum height of 42",middle wire 12"below the top and the bottom wire be 16"from the ground. If any trash containers are to be placed upon the current site's location, CPW recommends the installation of bear resistant containers to minimize bear-human interactions. CPW may be contacted to obtain the most current approved design for bear-resistant containers". For `Sensitive Lands', Lafarge did provide a satisfactory revegetation/reclamation plan which has been demonstrated successful in past efforts. The reclamation plan is also a requirement of Lafarge's,now Oldcastle,mining permits through the State of Colorado. 8 01/12/2016 Pertaining to `Environmental Quality', noise generated by the mining activities will not diminish the enjoyment of the surrounding area any more than present conditions (aggregate mining and processing has been part of the Fairgrounds landscape since 1980). As part of the 2011 and 201.4 Special Use Permit approvals, the Department of Environmental Health required and conditioned the Special Use Permit to require downcast lighting; a detailed Dust Suppression Plan; that only equipment necessary for the aggregate mining and processing be stored on the site; screening of mining equipment and supplies necessary for daily operations be adequately screened from view of adjacent properties; creation and maintenance of a detailed policy guide and procedure manual outlining fire, health, emergency, safety and welfare of employees and surrounding residents and visitors to the area; compliance with the county's Industrial and Commercial Performance Standards; and, timely revegetation consistent with the approved reclamation plan. All provisions of the previously approved Special Use Permits are carried forward with this Special Use Permit request and shall remain in full force and effect; except as amended by this application in terms of scope and duration of the aggregate mining and processing activities. • The `Future Land Use Map' designates the subject property as a Community Buffer area. The Comprehensive Plan expressly recognizes existing and future potential for aggregate mining activities within Community Buffer areas. Eagle Area Community Plan Evaluation The Eagle Area Community Plan Future Land Use Map designates the Fairground property as "Fairgrounds Mixed Use" and acknowledges that "Gravel and rock extraction is a temporary influence". The Fairground property lies within the "Western Gateway Character Area" and the "Eagle River Corridor Character Area". The Eagle River Corridor Character Area calls for preservation of a natural and undisturbed scenic river corridor, including floodplain and river bank features associated with wetlands, riparian habitats and river vegetation. The Plan also indicates that appropriate recreational uses along the corridor are encouraged with care given to preserving the quality, beauty, riparian and natural amenities of the river. Wildlife habitat and sensitive lands along the river's banks should be protected. Recreational enhancement opportunities include but are not limited to additional public access points and facilities for fishing, rafting, kayaking,hiking and bicycling. The possibility of a white water park should continue to be explored for the area adjacent to the Eagle County Fairgrounds. The Western Gateway Character Area notes that the Fairgrounds property is very visible from Interstate-70, and that the appearance of the landscape and development within this character area is important because it serves as the Town's western gateway. Further, existing gravel processing is an example of sites where improvements could be made. As noted previously, the Plan does acknowledge that mining activities on the Fairground property are a temporary influence. The Plan speak to coordination between Eagle County and the Town of Eagle to eventually provide vehicular connection to the Fairground property directly from U.S. Highway 6, as well as, adding additional points of pedestrian access from the Town's residential area into the Fairground property. Neither of these two goals will likely be realized until mining operations are complete on the Fairground property. Several years ago, the county did acquire the Seago property, located on the south side of the Eagle River at the confluence of the Eagle River and Brush Creek, in part, to accommodate future vehicular and pedestrian connection over the Eagle River from U.S. Highway 6 to the Fairgrounds. In addition to the economic benefits of utilizing available resources locally and producing aggregate products for local use, the Fairground property, the Eagle County Event Center, and the WECMRD Sports Complex are all identified as high quality venues for both local and regional events. These facilities should continue to be enhanced,utilized and marketed to draw more people and businesses to the Town. 9 01/12/2016 The Fairground Property and mining operation are provided with adequate public services and infrastructure to support present uses. Eagle County Open Space Plan Evaluation The Open Space Plan discusses and provides recommendations for new development, in particular, new residential subdivisions. The Plan does not discuss or acknowledge existing, non-residential land uses. Nevertheless,the proposed mining operations will continue to be conducted in a manner sensitive to protection of the Eagle River and associated wetland, and riparian areas. Upon completion and reclamation of the mining activities, the Fairground property will continue to be enhanced for the benefit of local and regional residents and visitors. Regarding `Wildlife Resources', in the attached memorandum dated October 6, 2015,the Colorado Parks and Wildlife set forth recommended native vegetation species for ultimate reseeding and reclamation of the site. CPW also provided recommendations for wildlife friendly fencing, in the event fencing is introduced in the future, as well as, recommendation that any refuse containment on the site be consist of bear-resistant containers. 2. Compatibility. The Special Use is generally compatible with the existing and currently permissible future uses of adjacent land and other substantially impacted land, services, or infrastructure improvements. Staff Response: This proposed Special Use Permit is for a reduction of the aggregate mining and processing activity on the subject property. All other provisions, hours of operation and environmental protections previously established for the presently active Special Use Permit (ZS-4892) are to remain the same. All aggregate mining and crushing of the aggregate is to occur during normally permitted daytime hours. Only processing of asphalt and/or concrete is allowed to occur during the evening and nighttime hours. The processing operations do generate noise; however, at a much reduced level from the actual mining and crushing operations. Since Oldcastle received approval in 2014 to operate the facility with extended hours,no complaints have been received by Eagle County. The county has found, on multiple occasions throughout the life of the Fairgrounds Gravel Pit since 1980, that the aggregate mining and processing activities can be accomplished in a manner that i s compatible with dissimilar surrounding land uses. Lafarge, and now Oldcastle have both demonstrated that it is feasible to conduct mining operations in a manner compatible with surrounding land uses.This Special Use Permit application to reduce the overall scope and duration of mining activities should serve to only improve compatibility of the mining and processing operations with surrounding land uses. ¢v s North: I-70 Right-of-Way and Single- Resource Yes family Residential South: Eagle River Town of Eagle Yes ISMINt r" _ � East: Visitor's Center Town of Eagle No ;0;10rt West: Agricultural/Residential Resource Yes wy r Aa I bgiiit 9 .,' ".. a k a§ ; Lw , 2 5E ° 1590 v * 1.4 ¢ r¢ " � i ; fi I�e k ' �� it f G �o� T''! 1, , nnAIdta$. YJ ±§ Afitom ' Resource(R) i sb"° t uW f ax, o No Change 4,sRg ?`42 fret t i¢ii"R;At 10 01/12/2016 ° d '%^''"r�0 , .. Eagle County Fairground Amenities. k ���•� y q�,, g��� x Active Gravel Extraction and Processing Operation ra 4. Animal Services WECMRD Sports Complex r � rep , r , r 2 1 Active aggregate mining and processing;Fairground uses;WECMRD Sports Complex;Animal Services �7�#.yr a t R ' 4y vii ;}" fi,t � a PP�• 150 6534000 square feet d o-,N1'%f.af,i�{.,. ! �'ORSA;;`atai; �i{ tW 4 4+iliti , N/A �'i+' f f➢r,f a lr f a °4 t^s er r Zs . ��^' e 4 t NA 1s d� .+ 3 ? � �.� ��r e �.�''�tia''�d�'�;�sk"S�tY <.^-a ,e r. }. �➢ ;41x , E Via Fairgrounds Road 3. Zone District Standards. The proposed Special Use shall comply with the standards of the zone district in which it is located and any standards applicable to the particular use, as identified in Section 3-310, Review Standards Applicable to Particular Residential, Agricultural and Resource Uses and Section 3-330, Review Standards Applicable to Particular Commercial and Industrial Uses. Staff Response: The review standards specific to Exploration,Extraction and Processing Operations follow: a) Environmental Impact Report An applicant proposing an exploration, extraction, or processing operation shall submit an Environmental Impact Report. The Report shall be prepared in accordance with Section 4-460, Environmental Impact Report, of the Eagle County Land Use Regulations, by technically qualified professional experts. Included in the Report shall be a depiction of the location, scope and design of the proposed use, and an explanation of its operational characteristics and impacts. The requirement to submit said Report may be waived by the Planning Commission. In this instance, the Environmental Impact Report provided with the Special Use Permit application for the presently approved mining operation(Eagle County Special Use Permit ZS- 4892), did satisfy this requirement. This proposal to reduce the scope and duration of mining activities within the area previously evaluated by the Environmental Impact Report, does not necessitate the need for a new Environmental Impact Report. b) Compliance. Proof shall also be submitted that the proposed use shall be designed and operated in compliance with all applicable laws and regulations of the county, state and federal governments and shall not adversely affect: i) Water. Existing lawful use of water, through depletion or pollution of surface run-off stream flow, or groundwater; it) Adjacent Land Uses. Adjacent land uses, through generation of vapor, dust, smoke, noise, glare, vibration, or other emanations; or iii) Wildlife. Wildlife and domestic animals, through creation of hazardous attractions to wildlife, impacts on wildlife habitat, or patterns, or other means. Through prior Special Use Permit approvals, the Department of Environmental Health incorporated several conditions of approval to ensure surface and groundwater protection, dust and lighting controls, as well as other environmental impact mitigation measures such as a requirement for a hazardous materials plan for proper storage, use and countermeasures in the event of an accidental spill or release. These same controls are to be carried forward with this proposed special use request. 11 01/12/2016 Regarding `Wildlife Resources', in the attached memorandum dated October 6, 2015, the Colorado Parks and Wildlife set forth recommended native vegetation species for ultimate reseeding and reclamation of the site. CPW also provided recommendations for wildlife friendly fencing, in the event fencing is introduced in the future, as well as, recommendation that any refuse containment on the site be consist of bear-resistant containers. c) Site Plan. On parcels of land greater than one (1)acre, a detailed site plan shall be submitted, including landscaping sufficient to meet the standards found in Section 4-230, Landscaping Design Standards and Materials. Security may be required to guarantee landscaping, drainage, and erosion control, if deemed necessary by the Board of County Commissioners, and as specified in Section 4-240,Installation and Maintenance Requirements. This standard is satisfied through the approved and required post-mining reclamation plan. d) Fabrication,Service and Repair. All fabrication, service and repair activities associated with the use shall be conducted within a building(except for incidental repair activities), unless the applicant demonstrates that it is not practical to do so and ensures that all impacts from outside activities are mitigated. The aggregate mining and processing Special Use does not entail fabrication, service or repair activities; except for incidental repair activities. e) Storage. All storage of materials associated with the operation shall occur within a building, or shall be obscured by an opaque fence. Other than mined, stockpiled aggregate, all other materials associated with the special use are obscured from view by an earthen berm. Historic mining activity lowered the elevation of the subject property, while leaving areas of the site at its original elevation. These elevated `berm' areas serve to screen on-site material storage and processing operations. It must be noted that as the aggregate mining activities reach the end of the mine's life; those elevated berm areas will likewise be mined and re-contoured into the final grades. As such, there may be a period of time where stored materials will be visible from areas outside of the Fairground property that have benefitted from the screening provided by the earthen berm. 4. Design Minimizes Adverse Impact. The design of the proposed Special Use shall reasonably avoid adverse impacts, including visual impacts of the proposed use on adjacent lands including trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, or otherwise create a nuisance. Staff Response: Through the approval process for the presently active Special Use Permit, the Board of County Commissioners found that, as conditioned, the aggregate mining and processing operations will reasonably avoid adverse impacts, including visual impacts on adjacent lands,trash,traffic, service delivery, parking and loading, odors, noise, glare and vibration, and that the operations will not otherwise create a nuisance. All aggregate mining and crushing of the aggregate is to occur during normally permitted daytime hours. Only processing of asphalt and/or concrete is allowed to occur during the evening and nighttime hours. The processing operations do generate noise; however, at a much reduced level from the actual mining and crushing operations. This Special Use Permit is to decrease the overall scope and duration of mining activity on the subject property which will assist in minimizing adverse impacts of the aggregate mining and processing. 12 01/12/2016 S. Design Minimizes Environmental Impact. The proposed Special Use shall minimize environmental impacts and shall not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. Staff Response: As part of the approval for the presently active Special Use Permit the Department of Environmental Health included several conditions of approval to ensure surface and groundwater protection and proper environmental impact mitigation measures. All of these conditions of approval remain presently active and shall continue with approval of this proposed Special Use Permit. Regarding `Wildlife Resources', in the attached memorandum dated October 6, 2015,the Colorado Parks and Wildlife set forth recommended native vegetation species for ultimate reseeding and reclamation of the site. CPW also provided recommendations for wildlife friendly fencing, in the event fencing is introduced in the future, as well as, recommendation that any refuse containment on the site be consist of bear-resistant containers. 6. Impact on Public Facilities. The proposed Special Use shall be adequately served by public facilities and services, including roads,pedestrian paths,potable water and wastewater facilities, parks, schools,police and fire protection, and emergency medical services. Staff Response: Through the approval of each prior Special Use Permit; inclusive of the presently active Special Use Permit, the Board of County Commissioners found that the special use is indeed adequately served by public facilities and services, including roads, potable water and wastewater facilities, police, fire and emergency medical services. Pedestrian paths through an active mining operation are undesirable and therefore not required. Mining operations do not necessitate parks, or school services. This request to reduce the scope and duration of aggregate extraction and processing activities is not anticipated to change the ability of the existing public facilities and services to accommodate the special use. 7. Site Development Standards. The proposed Special Use shall comply with the appropriate standards in Article 4, Site Development Standards. Staff Response: As conditioned, the existing and proposed Special Use Permits are in compliance with all appropriate standards found in Article 4, Site Development Standards, of the Eagle County Land Use Regulations, including: a)Off-Street Parking and Loading b)Landscaping and Illumination c)Wildlife Protection d)Geologic Hazards e)Wildfire Protection f)Environmental Impact Report g)Commercial and Industrial Performance Standards h)Noise and Vibration 13 01/12/2016 i) Smoke and Particulates j)Heat, Glare,Radiation and Electrical Interference k) Storage of Hazardous and Non-hazardous Materials 1)Water Quality Standards m)Roadway Standards n)Drainage Standards o)Grading and Erosion Control Standards p)Utility and Lighting Standards 'q)Water Supply Standards r) Sanitary Sewage Disposal Standards s)Impact Fees and Land Dedication Standards This Special Use proposal to reduce the scope and duration of aggregate extraction and processing activities,as conditioned,will not alter compliance with the county's Site Development Standards. 8. Other Provisions. The proposed Special Use shall comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. Staff Response: As conditioned, the proposal complies with all standards imposed upon it by all applicable provisions of the Eagle County Land Use Regulations. Summary Analysis This new Special Use Permit application proposes to carry-forward all provisions of the presently governing Special Use Permit(Eagle County File No. ZS-4892)with the following changes: Oldcastle will mine the remainder of material in Area B and a peninsula of material in Area E. No more mining will occur in Area D, and Area F has been removed from all mining plans. Reclamation of the site will be conducted in accordance with the revised lease and the approved Colorado Division of Reclamation,Mining, and Safety permit. Mined out areas will be graded roughly to what is shown on Map F. Final reclamation conditions of the Fairgrounds Chambers Pit will be determined by the lease agreement between Eagle County and Oldcastle. Since Eagle County intends to utilize the reclaimed portions of the subject property for the development of recreational facilities,it is recognized that portions of the site may be released from Oldcastle's DRMS permit prior to final revegetation. This will allow the county to develop portions of the site in a manner and timeframe suitable to the county. Due to the removal of Area F from the mining plan,the amount of time being requested for this Special Use Permit has been decreased by seven(7)years from the presently controlling Special Use Permit; which is December 31, 2027. Per the new lease, "Oldcastle shall complete any excavation from the Leased Premises no later than December 31,2020, and shall thereafter conduct no further excavation therefrom". Furthermore,per the new lease,"Oldcastle shall complete all reclamation in the manner required by the applicable mining permit(s)including reseeding the Leased Premises, and shall insure the reclamation is complete in order to prepare for the DMRS approval process no later than December 31,2022. On expiration or other termination of 14 01/12/2016 this Agreement, Oldcastle's right to use of the Leased Premises shall cease, and Oldcastle shall vacate the Leased Premises without unreasonable delay;provided,however, Oldcastle shall be allowed to continue to perform reclamation in the manner required by any applicable permit(s)." This proposed Special Use Permit is to maintain all previously approved hours of operation and all existing aggregate processing and mining activities on the Fairgrounds property, except as modified by the provisions of the new lease agreement and as described in this report, for the duration of and in conformance with the lease agreement executed between Oldcastle and Eagle County. Staff recommends approval of this proposed Special Use Permit,with conditions. IV. SUGGESTED MOTION AND CONDITIONS OF APPROVAL I move that the Board of County Commissioners approve this Special Use Permit request,Eagle County File No. ZS-5654, authorizing the Chair to sign the Resolution,and incorporating staff's findings with the following conditions: 1) Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in any public meeting shall be adhered to and considered conditions of approval. 2) Only equipment which is necessary for the operation and maintenance of the gravel operation may remain on-site;the site may not be utilized as a contractor storage yard. 3) Storage of necessary equipment and supplies for the operation of the gravel pit should be adequately screened from view of the public and adjacent properties. 4) Oldcastle shall maintain a detailed policy guide and procedure manual outlining fire,health, emergency, safety and welfare of employees, visitors, and surrounding residents of the area. 5) Operation of the Eagle Fairground Gravel Pit shall comply with the Eagle County Commercial and Industrial Performance Standards pursuant to Chapter II,Article 5,Division 4-5 of the Eagle County Land Use Regulations, as may be amended from time to time. 6) All provisions of the Special Use Permit approval for File No.ZS-4892, as memorialized in Board of County Commissioner Resolution 2014-077 and Resolution 2014-087 shall be adhered to and implemented by Oldcastle, except as modified by this new Special Use Permit. 7) The applicant commits to grade the West Access Road to match either the design and profile grade(s)in final designs provided by Eagle County at a future date or to the Commercial Road Standard including a maximum grade of 6%. 8) The applicant shall provide documentation for the revision and approval of the Mined Land Reclamation Board Permit as soon as practicable after such approval is received from the State of Colorado. 9) This Special Use Permit will expire on December 31, 2022; which is consistent with the provisions of the new executed lease agreement. V. REFERRAL RESPONSES Eagle County Airport: Please reference the attached email dated September 10,2015 in which the Airport indicated `no comment'. 15 01/12/2016 Eagle County Assessor's Office: Please reference the attached email dated September 17,2015, in which the Assessor's Office indicated `no comment'. Engineering Department: Please reference the attached memorandum dated September 30, 2015, in which the following concerns were delineated: 1. In order to demonstrate that this operation is in compliance with applicable regulatory agencies,please provide copies of the approved permits. This includes but is not limited to the Division of Reclamation, Mining, and Safety Reclamation Permit,Department of Public Health and Environment Air Permit, and the Department of Public Health and Environment Water Discharge Permit. 2. In the Agreement between Eagle County and Oldcastle SW Group, item one(1) states Oldcastle agrees to make application and pursue approval of a Mined Land Reclamation Board Permit.Has that application been made, or has the permit been received? 3. The reclamation plan provided in Map F appears to leave significant material in mounds and peninsulas, particularly in Areas D and E, as noted in the message from Rick Ullom dated September 25,2015. It is our understanding that the mined area will be left with a generally flat, sloping bottom in accordance with the agreement between Eagle County and Oldcastle SW Group. Is the plan shown in Map F accurate? 4. The written description in the application states the western access road will be left as shown on the included plan C-400, Entrance Plan and Profile.That plan is labeled as 50%Design Development, from 2011, and the grade of the roadway on reaches a maximum of 10%. Considering potential uses,the access road should follow a roadway design standard with a maximum grade of 8%.Has the western access drive design changed since that plan was developed?If not,please adjust the design prior to completing operations on this site. Department of Environmental Health: Please reference the attached Memorandum dated September 29,2015. It is our understanding that the special use is being reassigned to Oldcastle SW Group, Inc. dba United Companies. Environmental Health expects Oldcastle SW Group, Inc. dba United Companies to perform to the same environmental standards as conditioned previously. A list of such applicable standards is included in the following: 1. Please file with Environmental Health a list of environmental mitigation best management practices and best available demonstrated mining and processing technologies implemented at the site. 2. Since air quality impacts are typically a primary public concern,please submit a dust suppression plan for review and approval by the Eagle County Environmental Health Department. Said plan must be kept on- site, implemented at all times, and must include the following information, in addition to any permits issued by the CDPHE Air Pollution Control Division: a. A method of predicting and appropriately responding to high winds in excess of 20 mph which warrant more aggressive dust suppression efforts. b. Dust suppression methods to be used in the winter c. Contingency measures planned in the event compliance with the dust suppression plan is not achieved d. Contact information for the person(s) available at all times to address complaints and/or compliance issues. 3. Only equipment which is necessary for the operation and maintenance of the gravel operation may remain on site; the site may not be utilized as a contractor storage yard without specific approval to do so. 4. Storage of necessary equipment and supplies for the operation of the gravel pit should be adequately screened from view of the public and adjacent properties. 5. The Eagle Fairgrounds Pit shall comply with the Eagle County Commercial and Industrial Performance Standards pursuant to Division 4-5 of the Eagle County Land Use Regulations,which may be amended from time to time. 16 01/12/2016 6. Disturbed areas shall be reclaimed as soon as practicable consistent with the approved reclamation and noxious weed control plans. Project Management Department: In the attached email dated September 25, 2015,the Construction Manager provided the following comment: "Map F-Reclamation Plan shows what appear to be the same contours as the Map C2 -Mining Plan. The intent of the lease agreement is a generally flat sloping bottom at completion/ reclamation for future ballfields with minimal site grading modifications. They are not responsible for`finish grading' but these contours indicate more effort remaining after reclamation than finish grading. The Area B/D boundary and Area E south east show steep contours. This is not consistent with the intent of our agreement- Exhibit 1,item 8". Colorado Parks and Wildlife: In the attached letter dated October 6,2015, CPW has no new recommendations and would like to use this opportunity to reference our previous reclamation recommendations. Upon completion of the mining activity on the property, CPW recommends the planting of native vegetation on the site to help prevent erosion and provide natural cover and food source for a variety of wildlife. Referencing the list of prevalent plant species found in the Wildlife Analysis and Environmental Impact Report, Section 2(Environmental Conditions)C.(Native Grasses,Trees, Shrubs,or Other Vegetative Cover; CPW recommends reseeding the completed site with smooth brome, orchardgrass, common timothy, crested wheatgrass, intermediate wheatgrass, and perennial ryegrass as well as a variety of native grasses, especially creeping wildrye, slender wheatgrass, and western wheatgrass. A weed management plan will need to be implemented to ensure noxious weeds do not overtake the site of revegetation. Upon the banks of the Eagle River, CPW recommends the planting of native willow and cottonwood trees to prevent erosion and to provide additional habitat for a variety of wildlife. Once the perimeter security fence is removed and it is deemed necessary to fence the site location, CPW recommends the following spacing for wildlife friendly fencing: For three-strand wire fences, CPW recommends that the top wire be at a maximum height of 42",middle wire 12"below the top and the bottom wire be 16"from the ground. If any trash containers are to be placed upon the current site's location, CPW recommends the installation of bear resistant containers to minimize bear-human interactions. CPW may be contacted to obtain the most current approved design for bear-resistant containers. This application was referred to the following additional internal and external review agencies with no response received as of this writing: Eagle County Animal Services Eagle County Attorney's Office Eagle County Sheriff's Office Eagle County Weed and Pest Town of Eagle-in addition to the application being referred to the Town, staff contacted the Town and requested input; none received as of this writing. Eagle River Watershed Council: - in addition to the application being referred to the ERWC, staff contacted the ERWC and requested input; none received as of this writing. CDOT Grand Junction Office CDOT Eagle Office Colorado State Division of Minerals and Geology USDA Natural Resource Conservation Service Greater Eagle Fire Protection District Holy Cross Electric CenturyLink 17 01/12/2016 VI. PLANNING COMMISSION DELIBERATION AND RECOMMENDATION On Wednesday,December 16,2015 the Eagle County Planning Commission unanimously recommended approval of the special use permit application with the same conditions suggested by staff. The Eagle County Planning Commission removed a previously suggested recommendation pertaining to the Colorado Parks and Wildlife referral response due to the fact that the recommendations are already integral to the Reclamation Plan, and the concept of introducing more trees adjacent to the Eagle River is inconsistent with the Reclamation Plan. The Eagle County Planning Commission also amended the condition of approval that expires the Special Use Permit concurrently with the lease between Oldcastle and Eagle County. The lease specifies two dates: 1)December 31, 2020 is when all mining must be completed; 2)December 31, 2022 is when all revegetation/reclamation needs to be completed. The Planning Commission changed the date of expiration for the Special Use Permit from December 31,2020 to December 31, 2022. • DISCUSSION: Commissioner Ryan disclosed that the Engineer working on the file was her husband,Tayler Ryan. Mr.Narracci presented a PowerPoint detailing the request. The applicant was requesting review of a consolidated Special Use Permit for gravel extraction on the Fairgrounds property. They wished to bring the activities into compliance with a new lease between the county and Oldcastle SW Group,Inc., executed on April 21,2015. He reviewed the active mining plan.The WECMRD Sports Complex area was no longer on the table for mining or part of the present lease. As such, all machinery and operations had shifted. The proposed plan reduced the area to be mined. The hours of operation would remain the same. There had been no complaints regarding hours of operation for either Lafarge or OldCastle. Oldcastle would mine the remainder of material in Area B and a peninsula of material in Area E. There would be no more mining in Area D and Area F had been removed from all mining plans. The time period for mining had been decreased by seven years. Oldcastle proposed to complete excavation no later than December 31,2020 and complete reclamation no later than December 31, 2022. The mine had been active since 1980 and this was the final close-out plan. The property would be left in a state that the county could readily utilize for future purposes. He reviewed the standards and indicated that the proposal complied with all the standards.There were no referral responses received from the Airport or Assessor's Office. The Project Management Department noticed the wrong map had been submitted and that had been corrected. The Engineering Department had expressed some concerns. Tayler Ryan, Eagle County Engineering Department stated that all his concerns had been addressed through the review process or via a couple of conditions they requested be added. The biggest concern was the grade of the access road. They advised a 6%grade to meet the commercial road grade. This was addressed in the conditions and would be addressed at the end of the mining term. Mr.Narracci stated that the Department of Environmental Health comments related to the mitigation plans that were already in place.He reviewed the recommended conditions. Chairman Chandler-Henry asked Mr.Merry to address any air quality issues. Mr.Merry thanked Jason Burkey for his partnership and working to perfect the process on the mining site. Over the years every application had been a way to perfect the conditions of approval. It had been a pleasure to take positive actions to improve the process. He was satisfied with the conditions which were contingent on the approval. He was confident that if there were a problem he could call Mr.Burkey directly and any issues would be resolved. Chairman Chandler-Henry asked Mr.Merry if he had any concerns about water drainage. Mr.Merry believed the site was well contained enough that he had no concerns with erosion control. He asked the applicant if the berms would be removed. Ben Langenfeld,Project Engineer for Greg Lewicki and Associates, stated that the berm on the south side of the property would be removed. Mr.Narracci believed that Mr.Burkey was very responsive to any dust complaints. Mr.Burkey stated that he had nothing to add. 18 01/12/2016 Commissioner McQueeney asked about the language in the condition related to the maximum grade of 6%. She believed the condition seemed nonspecific. Mr. Langenfeld stated that their goal was to follow along with the lease or meet the county standard. Mr. Ryan stated that they agreed with the 6%standard not knowing the future uses of the property. Brent McFall clarified that the recommendation was at the County's discretion. Chairman Chandler-Henry opened public comment. Rick Ullom believed the 6%grade was good for both parties not knowing what the future held for the property. Chairman Chandler-Henry closed public input. Commissioner Ryan was prepared to vote yes. • Commissioner McQueeney believed the proposal was fairly straight forward and supported the special use • permit. Chairman Chandler-Henry appreciated Mr. Burkey being a good neighbor. The staff report was easy to follow and helpful. She agreed with the staff recommendations. Commissioner Ryan moved that the Board of County Commissioners approve this Special Use Permit request,Eagle County File No. ZS-5654,authorizing the Chair to sign the Resolution, and incorporating staff's findings with the following conditions: 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in any public meeting shall be adhered to and considered conditions of approval. 2. Only equipment which is necessary for the operation and maintenance of the gravel operation may remain on-site;the site may not be utilized as a contractor storage yard. 3. Storage of necessary equipment and supplies for the operation of the gravel pit should be adequately screened from view of the public and adjacent properties. 4. Oldcastle shall maintain a detailed policy guide and procedure manual outlining fire,health, emergency, safety and welfare of employees,visitors, and surrounding residents of the area. 5. Operation of the Eagle Fairground Gravel Pit shall comply with the Eagle County Commercial and Industrial Performance Standards pursuant to Chapter II,Article 5,Division 4-5 of the Eagle County Land Use Regulations, as may be amended from time to time. 6. All provisions of the Special Use Permit approval for File No. ZS-4892, as memorialized in Board of County Commissioner Resolution 2014-077 and Resolution 2014-087 shall be adhered to and implemented by Oldcastle, except as modified by this new Special Use Permit. 7. The applicant commits to grade the West Access Road to match either the design and profile grade(s)in final designs provided by Eagle County at a future date or to the Commercial Road Standard including a maximum grade of 6%. 8. The applicant shall provide documentation for the revision and approval of the Mined Land Reclamation Board Permit as soon as practicable after such approval is received from the State of Colorado. 9. This Special Use Permit will expire on December 31, 2022; which is consistent with the provisions of the new executed lease agreement. Commissioner McQueeney seconded the motion. The vote was declared unanimous. 19 01/12/2016 Executive Session 2016 Open Space Acquisitions Work Plan Toby Sprunk, Open Space • There being no further business befor • �N'"E':' .- meeting was adjourned until January 19, 2016. / **. * . WW1 Attes �% / � _ * ,o Clerk to the Bo:rd hairman 20 01/12/2016