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HomeMy WebLinkAboutR97-002 special use permit Carol Ann Pit.�aiwi.inotvucl. moveu UUOPLlon f n F t e following Resolutior--•., BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 9_ - APPROVAL OF A SPECIAL USE PERMIT FOR GRAVEL EXTRACTION AND PROCESSING AT THE CAROL ANN PIT FILE NO. ZS- 380 -95 WHEREAS, B & B Excavating, Inc., ( "Applicant ") did file an application with the Eagle County Department of Community Development on or about November 28, 1995, for a Special Use Permit for an Industrial Use and Operation to allow gravel extraction and limited processing (crushing and screening only) on a 30 acre portion of a 67 acre parcel owned by Carol Ann Schmidt. This 67 acre parcel, State Tax Parcel #2111 -01 -00 -018, is contained with the Resource Zone District, in the unincorporated area of Eagle County and described as follows: A parcel of land located in Tracts 62 and 42, Section 4, Township 5 South, Range 85 West of the 6th Principle Meridian, lying westerly of Tract 64 of said Township and Range and northerly of the Denver and Rio Grande Western Railroad right -of -way. The permit boundary area for the special use permit will be more fully described in a future resolution which is required by the conditional approval of this request. and N O WHEREAS, based on the evidence, testimony, exhibits, study of the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Planning Commission rendered in a public hearing held on October 2, 1996, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado ( "the Board "), finds as follows: 1. That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. 2. That the proposed special use conforms to the requirements of Section 2.09 of the Eagle County Land Use Regulations, which are incorporated herein as if set forth with na,- ticularity. 1 111111 11111 111111 111111 111 1111111 11111 111 11111 1111 1111 611546 01/08/1997 11:01R 8715 P570 370 1 of 6 R 0.00 D 0.00 N 0.00 Eagle County Clerk 3. That the prol- d special use will be co•'_iztible with existing uses in the area. 4. That the following have been considered: * Potential effect of the use on the character of the neighborhood; • Adequacy of access to and from the area; • Appropriateness of the physical arrangement of the use on the proposed site; • Consistency with the Master Plans • Adequacy of the environmental impact report /assessment. S. That for the above - stated and other reasons, the proposed special use is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Eagle County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application of B & B Excavating, Inc., File No. ZS- 380 -95, for a Special Use Permit for Gravel Extraction and Processing within the Resource Zone District described herein, be approved, subject to the conditions as set forth herein. THAT, the following conditions shall be placed upon this approval and that violation of any condition shall be the basis for revocation of the Special Use Permit: 1. The applicant shall submit the following information and permits to the Community Development Department for preparation of a resolution to be signed by the Board of County Commissioners. The signing of this resolution will be required for commencement of activity on the site. A. A revised legal description of the approved permit boundary; B. A revised, approved site plan; C. An approved State Highway Access Permit; D. An approved Railroad Crossing Permit; E. An approved MLRB Mining Permit; F. An approved Water Supply Plan or decreed augmentation plan; G. Fire protection plan or service from the fire district; H. An approved Gravel well permit (conversion of water rights for industrial use); I. An approved Storm Water Management Plan (SWMP); J. An approved Spill Prevention and Control Counter Measures (SPCC) K. An approved Fugitive Dust Control Plan or approved permit; 2 L. An approve" sAir Emission Permit. M. A BOCC app�dved wildlife Mitigation Plan for the northern berm. 2. Operation of mining activities will cease upon depletion of the on -site resource or in 10 years, whichever comes first. 3. Total area of mining disturbance is limited to 15 acres at one time. Disturbance beyond this amount is limited to 30 days for operational changes. 4. Reclamation must commence upon any mining disturbance to the west side of the unnamed drainage. At a minimum, the amount of reclamation to occur must be commensurate with the amount of disturbance on the west side of the unnamed drainage. Reclamation must be consistent with an approved reclamation plan. 5. The mining face shall be reclaimed to a 3 :1 slope, or flatter, and native shrub species shall be added to the reclamation seed mix. 6. A maximum of 10,000 tons of raw materials may be imported onto the site annually for processing. 7. It is the applicant's responsibility to submit an annual report to the Department of Community Development. The annual report shall be due each year on the anniversary date of approval. The report shall include the following information: - Amount of imported material processed annually. - A copy of the Mined Land Reclamation Board annual report In addition, The Department of Community Development will complete an annual review (site inspection) of the operation to assure compliance with all conditions and representations related to the approval of this special use. This annual review will occur within a 30 -day time period prior to or following the anniversary date of approval for commencement of mining activity on the site. 8. On -site lighting shall be limited to flush mounted, down cast lighting located on the scale house \office. Temporary (up to 60 days) security lighting may be installed upon written complaint to the Sheriff of vandalism, theft or other criminal activity. Copy of complaint must be copied to the Eagle County Code Enforcement Officer. Security lighting installed for more than 60 days must be approved by the Board of County Commissioners, after public notice is provided. 3 9. Parking of ccrt ";any vehicles required for ,}1 -site operations, storage of mining and construction equipment and supplies directly associated with this mining operation may occur within the permit boundary area. Storage of vehicles or other equipment and material that is not required for on -site mining, reclamation and related activities shall not be permitted. Employee and visitor parking shall be provided within the mining areas. 10. The applicant must hard - surface the entrance road from Highway 6 to the railroad right -of -way. Maintenance of all haul roads must occur in a manner to assure that dust abatement and safety are considered. 11. Mining and processing shall be permitted from 7:00 a.m. to 6:00 p.m. Monday through Friday "during daylight savings time" and from 8 a.m. to 5 p.m. during "standard time." 12. The operation shall comply with the following performance standards, or more stringent standards subsequently adopted: A. The use shall be so operated that it does not emit an obnoxious or dangerous degree of heat, glare, radiation, or fumes beyond the property line. B. No dust, noise, odor, glare or vibration shall be projected beyond the permitted area. C. Fuels, chemicals and other material shall be stored in such a way as to prevent or contain accidental spills onto the ground. Such storage shall comply, as a minimum, with applicable state and federal regulations. D. Every use shall be so operated that meets State Air Quality Standards. E. Noise from all on -site sources and from truck hauling shall not exceed the performance standards contained in State noise statutes or the following County standard, whichever is more restrictive. The use shall be operated so that the volume of sound generated does not inherently and recurrently exceed 60 decibels with a maximum increase of 5 decibels permitted by a maximum of 15 minutes in any one hour at any point of the property boundary line. F. The use shall be so operated that the ground vibration inherently and recurrently is not perceptible, without instruments, at any point on the property line. No Blasting. G. No materials or wastes shall be deposited upon the property in such form or manner that they may be transferred off the property by natural causes or forces. H. All materials or wastes which might cause fumes or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored 9 outdoors onl `n closed containers. I. Fencing shall be permitted as currently exists on the property and at the main access points for safety and security. Lockable gates shall be permitted. 13. Safety signs, as required by state and federal law, and one project identification sign shall be permitted at the access to State Highway 6. A sign permit must be issued in accordance with the Eagle County sign code prior to construction of the project identification sign. 14. Resource mined from the Carol Ann Pit shall not be delivered by B &B, or knowingly sold by B &B to others, for delivery to locations east of Red Canyon. 15. All material representations made by the Applicant in the application and public meeting shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. THAT, the Board of County Commissioners directs the Department of Community Development to provide a copy of this Resolution to the Applicant. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 7th day of Januar , 1997, nunc pro tunc to the 19th day of November, 1996. {rau COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST- By: Sara J. Fisher Clerk to the Board of County Commissioners e-" A. Gates, Chairman 5 Commissioner seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates C/Y14 Commissioner Johnnette PhillipsiP Commissioner James E. Johnson, Jr. This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 0