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HomeMy WebLinkAboutR97-146 special use permit Gypsum Ranch Sand & GravelT Commission moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 97 - N6 APPROVAL OF A SPECIAL USE PERMIT FOR GRAVEL EXTRACTION AND PROCESSING FOR THE GYPSUM RANCH SAND AND GRAVEL PIT FILE NO. ZS -00003 WHEREAS, Gypsum Ranch LLC, ( "Applicant ") filed an application with the Eagle County Department of Community Development on about November 8, 1996, for a Special Use Permit for extraction and processing activities on a 120.934 acre portion of a 250 acre parcel, Assessor's Parcel #'s 2111 - 041 -00 -017 and 2111 - 032 -00 -010, contained within the Resource Zone District, in the unincorporated area of Eagle County and more fully described-in Exhibit A attached hereto; and WHEREAS, the activities sought to be permitted are fully described in the Phasing Reclamation and Operations Plan dated July 9, 1997, and Review Checklist attached hereto, respectively marked as Exhibits B and C; and 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 July 16, 1997, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado ( "the Board "), finds: 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 is allowed in the Resource Zone District pursuant to Section 2.06.01(3)(j)(4) of the Eagle County Land Use Regulations, subject to its compliance with the Industrial and Commercial Performance Standards set forth in Section 2.07.07. 3. That the applicant has submitted reports complying with the requirements of Section 2.09.01 of the Eagle County Land Use Regulations, and that the proposed special use satisfies the requirements of that section and Section 2.09.04 in that: utilities adequate to provide water and sanitation service based on FADOCS\ROAR.FRK \GRAV EL.PIT accepted engineering standards and approved by the County and State, per their respective jurisdictions, are either in place or to be constructed in conjunction with the proposed special use; * street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use are either in place or to be constructed in conjunction with the proposed use; * design of the proposed use is organized to minimize impact on and from adjacent uses of land; * the proposed special use will not be deterimental to the character of the neighborhood and is consistent with the Master Plan 3.That the applicant has submitted reports complying with the requirements of Section 2.09.02(6) of the Eagle County Land Use Regulations, and that the proposed special use satisfies the requirements of that section in that Applicant has submitted proof that (a) the use shall be designed and operated in compliance with all applicable laws and regulations of the county, state and federal government; (b) the use shall be designed and operated so as to not adversely affect * existing lawful use of water through depletion or polution of surface run -off, stream flow or groundwater, * use of adjacent land through generation of vapor, dust, smoke, noise, glare, vibration, or other emanations, * wildlife and domestic animals through creation of hazardous attractions, blockade of migration routes or patterns, or other means. 5. 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 Gypsum Ranch LLC, File No. ZS- 00003, for a Special Use Permit for Gravel Extraction and Processing within the Resource Zone District described herein, be approved, subject to the conditions set forth herein. F:00CSa0AR.FRK \GRAV EL.PIT THAT, all material representations made by the Applicant in the application and public hearings shall be adhered to and considered conditions of approval, unless otherwise amended by the specific conditions set forth herein. THAT, the following specific conditions apply to this approval, violation of any of which shall be the basis for revocation of the Special Use Permit: This Special Use Permit supersedes the Uses by Right in the Resource Zone District except as may in the future be approved by the Board of County Commissioners through the Special Use Permit process; provided, however, that agricultural uses and the existing dwellings, utility distribution facilities and water diversion structures /ditches as shown on the Site Plan shall be considered to be a part of this Special Use Permit. The Site Plan referred to herein is dated May 27, 1997, and is attached hereto as Exhibit D and incorporated herein by this reference. 2. This Special Use Permit is granted with the provision that the applicant adhere to the Site Plan, and to the Phasing and Reclamation Operations Plan dated July 9, 1997, and the Review Checklist for Approval of Movement Onto a Subsequent Phase, respectively Exhibits B and C hereto. 3. The applicant must provide acceleration /deceleration and turn lanes on Highway 6 prior to commencing operations on the site using this Special Use Permit. 4. The applicant must obtain the following permits and approval of the agency having jurisdiction of the following plans, and copies of these permits, plans and approvals must be submitted to the Eagle County Planning Division, before beginning site preparation or other activities pursuant to this Special Use Permit on the site: A. State Highway Access Permits B. Railroad Crossing Permits C. Storm Water Management Plan D. Silt and erosion controls E. State Mining Permit F. Fire protection plan G. Spill Prevention and Control Counter Measures (SPCC) H. Air Emission Permit I. Fugitive Dust Control Plan /permit 5. The applicant must hard - surface the entrance road from Highway 6 the scales before beginning operations pursuant to this Special Use Permit. 6. Operations on the site must comply with the Eagle County Industrial and FADOCS ROAR. MGRAVELPIT Commercial Performance Standards (Section 2.07.07), or any applicable more stringent or additional performance standards which may subsequently be adopted .by the County, specifically including but not limited to the following: A. 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. B. 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. There shall be no blasting on the site. C. 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. D. 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, at a minimum, with applicable state and federal regulations. E. 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. F. 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 outdoors only in closed containers. G. No dust, noise, odor, glare or vibration shall be projected beyond the permitted area. H. Every use shall be so operated that meets State Air Quality Standards. 7. This permit will expire without further action on June 1, 2008. 8. When submitting its design of subsequent phases of development of the property, the applicant must provide for locations for a bike path crossing the property to conform to the County's Trails Plan and river access. F:\DOCS\ROAR.FRK \GRAVEL.PIT 4 9. Before beginning any operations pursuant to this Special Use Permit, Applicant must enter into a written agreement for the relocation and diversion of the Stremme -Gates ditch. Although the County will not necessarily enforce the agreement, Applicant's performance of that agreement shall be a condition of this Permit. 10. In -basin water augmentation, above the out -take in the Eagle River, should occur if it becomes available and feasible. 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 17rd day of November, 1997, nunc pro tunc to the 18th day of August, 1997. UIVET: 0 Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS James E. Join, Jr.; Chairman eorge A. Gates, Commissioner Commissioner seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. Commissioner George A. Gates This Resolution passed by (5 -0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. FADOMROARTMGRA V EL.FIT :XHIBIT A OVERALL MINING BOUNDARY" PROPERTY DESCRIPTION (TOTAL PHASE DESCRIPTION) A PARCEL OF LAND SITUATED IN TRACT 42, TRACT 55 AND TRACT 58, TOWNSHIP 5 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT ANGLE POINT NO. 3 OF TRACT 53 OF SAID TOWNSHIP 5 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, A G.L.O. BRASS CAP IN PLACE; THENCE N 73 °57'29" W 7698.76 FEET TO A POINT ON THE NORTHERLY RIGHT -OF -WAY OF STATE HIGHWAY NO. 6, THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY RIGHT -OF -WAY N 00 °00'00" E 458.28 FEET; THENCE N 66 °40'48" E 146.48 FEET; THENCE N 62 °25'43" E 422.81 FEET; THENCE N 85'17'21" E 470.68 FEET; THENCE N 15-18'18" E 320.62 FEET; THENCE S 67 054'50" E 405.85 FEET; THENCE S 37 020'39" E 145.38 FEET; THENCE S 05 002'48" W 82.46 FEET; THENCE S 01 °47'54 E 51.47 FEET;THENCE S 06 °42'55" W 46.16 FEET; THENCE S 51 °43'58" W 43.54 FEET; THENCE S 21 °13'30" W 64.61 FEET; THENCE S 25 °23'45" E 77.61 FEET; THENCE N 42 °11'47" E 103.13 FEET; THENCE N 63 °49'07" E 63.16 FEET; THENCE S 84 °28'37" E 56.04 FEET; THENCE S 84 024'39" E 178.27 FEET; THENCE S 45 018'34" E 38.55 FEET; THENCE S 76 000'03" E 83.75 FEET; THENCE S 88 °43'41" E 84.61 FEET; THENCE S 88 °58'40" E 52.64 FEET; THENCE N 78 °19'12" E 83.50 FEET; THENCE N 59 °19'15" E 104.92 FEET; THENCE S 70 050'08" E 68.66 FEET; THENCE S 90 °00'00" E 31.02 FEET; THENCE N 35 009'23" E 62.03 FEET; THENCE N 31'55'45" E 58.65 FEET; THENCE N 77 024'05" E 73.20 FEET; THENCE N 46 010'09" E 66.45 FEET; THENCE N 27 025'36" E 28.57 FEET; THENCE N 63 °27'13" E 37.82 FEET; THENCE N 21 013'30" E 67.50 FEET; THENCE N 45 °01'25" E 33.22 FEET; THENCE S 77 051'55" E 75.95 FEET; THENCE N 42 °12'28" E 81.15 FEET; THENCE N 80 °22'00" E 65.37 FEET; THENCE N 04 046'03" W 56.02 FEET; THENCE N 81'34'47" E 127.09 FEET; THENCE N 83 °33'49" E 145.26 FEET; THENCE N 78 °11'17" E 102.27 FEET; THENCE N 77 050'18" E 121.46 FEET; THENCE N 87 039'53" E 114.17 FEET; THENCE S 82 °42'01" E 91.54 FEET; THENCE S 83 °39'54" E 126.49 FEET; THENCE N 89 004'36" E144.37 FEET; THENCE N 82 °09'11" E 136.31 FEET; THENCE N 74 045'25" E 132.72 FEET; THENCE N 80 °41'51" E 143.91 FEET; THENCE N 79 034'15" E 89.95 FEET; THENCE S 89 °16'31" E 183.94 FEET; THENCE N 67 034'26" E 63.67 FEET; THENCE N 67 °34'26" E 168.04 FEET; THENCE S 87 015'35" E 389.24 FEET; THENCE S 71'49'30" E 167.19 FEET; THENCE 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945 -8676 • FAX: (970) 945 -2555 S }J EXHIBIT A PAGE NO. 2 TOTAL PHASE DESCRIPTION S 71034'58" E 298.80 FEET; THENCE S 46 047'42" E 159.70 FEET; THENCE S 50 °55'45" E 191.92 FEET; THENCE S 73 °27'21" E 179.72 FEET; THENCE S 18 026'57" E 51.50 FEET; THENCE N 79 003'42" E 64.31 FEET; THENCE N 47 °41'11" E 48.82 FEET; THENCE S 82 056'52" E 169.77 FEET; THENCE S 59 010'58" E 62.59 FEET; THENCE S 14 040'06" E 53.86 FEET; THENCE N 78 033'35" E 64.67 FEET; THENCE S 61'39'02" E 91.16 FEET; THENCE S 17 058'59" E 31.18 FEET; THENCE S 76 °34'16" E 134.68 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE DANIELS ANNEXATION; THENCE S 03 °21'50" W ALONG SAID WESTERLY BOUNDARY 120.34 FEET; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY S 37 024'23" W 200.00 FEET; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY S 57 040'04" W 241.96 FEET; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY S 02 °52'01" W 213.47 FEET TO A POINT ON THE NORTHERLY RIGHT -OF -WAY OF SAID STATE HIGHWAY NO. 6; THENCE LEAVING SAID WESTERLY BOUNDARY N 81 025'00" W ALONG SAID NORTHERLY RIGHT -OF -WAY 780.83 FEET; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT -OF -WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 5780.00 AND A CENTRAL ANGLE OF 10 029'43 ", A DISTANCE OF 1058.77 FEET (CHORD BEARS N 86 °39'51" W A DISTANCE OF 1057.29 FEET); THENCE CONTINUING ALONG SAID NORTHERLY RIGHT -OF -WAY S 88 005'17" W 2666.89 FEET; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT -OF -WAY S 88 004'33" W 1753.32 FEET TO THE TRUE POINT OF B GINNIN( SAID PARCEL CONTAINING 120.938 ACRES, MORE OR LESS. EXHIBIT A PROPERTY DESCRIPTION (PHASE 1 DESCRIPTION) A PARCEL OF LAND SITUATED IN TRACT 42 AND TRACT 58, TOWNSHIP 5 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT ANGLE POINT NO. 3 OF TRACT 53 OF SAID TOWNSHIP 5 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, A G.L.O. BRASS CAP IN PLACE; THENCE N 73 057'29" W 7698.76 FEET TO A POINT ON THE NORTHERLY RIGHT -OF -WAY OF STATE HIGHWAY NO. 6, THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY RIGHT -OF -WAY N 00 000'00" E 458.28 FEET; THENCE N 66 °40'48" E 146.48 FEET; THENCE N 62 °25'43" E 422.81 FEET; THENCE N 85'17'21" E 470.68 FEET; THENCE N 15'18'18" E 320.62 FEET; THENCE S 67 054'50" E 405.85 FEET; THENCE S 37 °20'39" E 145.38 FEET; THENCE S 05 002'48" W 82.46 FEET; THENCE S 01'47'54 E 48.58 FEET; THENCE S 42 020'56 W 128.23 FEET; THENCE S 16 °12'19" E 534.23 FEET TO A POINT ON THE NORTHERLY RIGHT -OF -WAY OF SAID STATE HIGHWAY NO. 6; THENCE S 88 °04'33" W ALONG SAID NORTHERLY RIGHT -OF -WAY 1585.16 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 25.408 ACRES, MORE OR LESS. 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945 -8676 • FAX: (970) 945 -2555 IXHIBIT A PROPERTY DESCRIPTION (PHASE 2A DESCRIPTION) A PARCEL OF LAND SITUATED IN TRACT 58, TOWNSHIP 5 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT ANGLE POINT NO. 3 OF TRACT 53 OF SAID TOWNSHIP 5 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, A G.L.O. BRASS CAP IN PLACE; THENCE N 63 052'18 " W 5049.06 FEET TO A POINT ON THE NORTHERLY RIGHT -OF -WAY OF STATE HIGHWAY NO. 6; THENCE S 88005'17" W ALONG SAID NORTHERLY RIGHT -OF -WAY 1105.28 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT -OF -WAY S 88 004'33" W 168.16 FEET; THENCE LEAVING SAID NORTHERLY RIGHT -OF -WAY N 16 012'19" W 534.23 FEET; THENCE N 42 020'56" E 128.23 FEET; THENCE S 01 047'54 E 2.89 FEET; THENCE S 06 042'55" W 46.16 FEET; THENCE S 51 043'58" W 43.54 FEET; THENCE S 21 013'30" W 64.61 FEET; THENCE S 25 °23'45" E 77.61 FEET; THENCE N 42 °11'47" E 103.13 FEET; THENCE N 63 049'07" E 63.16 FEET; THENCE S 84 °28'37" E 56.04 FEET; THENCE N 05 °11'22" W 60.30 FEET; THENCE S 84 °24'39" E 84.63 FEET; THENCE S 00 000'44" W 546.78 FEET TO ME TRUE POINT OF BE INNIN ; SAID PARCEL CONTAINING 2.781 ACRES, MORE OR LESS. 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945 -8676 • FAX: (970) 945 -2555 EXHIBIT A PROPERTY DESCRIPTION (PHASE 2B DESCRIPTION) A PARCEL OF LAND SITUATED IN TRACT 58, TOWNSHIP 5 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT ANGLE POINT NO. 3 OF TRACT 53 OF SAID TOWNSHIP 5 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, A G.L.O. BRASS CAP IN PLACE; THENCE N 63 052'18" W 5049.06 FEET TO A POINT ON THE NORTHERLY RIGHT -OF -WAY OF STATE HIGHWAY NO. 6, THE TRUE POINT OF BEGINNING; THENCE S 88 005'17" W ALONG SAID NORTHERLY RIGHT -OF -WAY 1105.28 FEET; THENCE LEAVING SAID NORTHERLY RIGHT -OF -WAY N 00 000'44" E 546.78 FEET; THENCE S 84 °24'39" E 93.64 FEET; THENCE S 45 °18'34" E 38.55 FEET; THENCE S 76 °00'03" E 83.75 FEET; THENCE S 88 °43'41" E 84.61 FEET; THENCE S 88 058'40" E 52.64 FEET; THENCE N 78 °19'12" E 83.50 FEET; THENCE N 59 019'15" E 104.92 FEET; THENCE S 70 °50'08" E 68.66 FEET; THENCE S 90 000'00" E 31.02 FEET; THENCE N 35 °09'23" E 62.03 FEET; THENCE N 31 055'45" E 58.65 FEET; THENCE N 77 °24'05" E 73.20 FEET; THENCE N 46 010'09" E 66.45 FEET; THENCE N 27 °25'36" E 28.57 FEET; THENCE N 63027'13" E 37.82 FEET; THENCE N 21013'30" E 67.50 FEET; THENCE N 45 °01'25" E 33.22 FEET; THENCE S 77 °51'55" E 75.95 FEET; THENCE N 42 012'28" E 81.15 FEET; THENCE N 80 °22'00" E 65.37 FEET; THENCE N 04 046'03" W 56.02 FEET; THENCE N'81 034'47" E 6.84 FEET; THENCE S 01 °54'43" E 901.75 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 15.193 ACRES, MORE OR LESS. 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945 -8676 • FAX: (970) 945 -2555 EXHIBIT A PROPERTY DESCRIPTION (PHASE 3 DESCRIPTION) X A PARCEL OF LAND SITUATED IN TRACT 55 AND TRACT 58, TOWNSHIP 5 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPALMERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT ANGLE POINT NO. 3 OF TRACT 53 OF SAID TOWNSHIP 5 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, A G.L.O. BRASS CAP IN PLACE; THENCE N 63'52'18" W 5049.06 FEET TO A POINT ON THE NORTHERLY RIGHT -OF -WAY OF STATE HIGHWAY NO. 6, THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY RIGHT -OF -WAY N 01'54'43" W 901.75 FEET; THENCE N 81 °34'47" E 120.25 FEET; THENCE N 83 °33'49" E 145.26 FEET; THENCE N 78 °11'17" E 102.27 FEET; THENCE N 77 °50'18" E 121.46 FEET; THENCE N 87 °39'53" E 114.17 FEET; THENCE S 82 °42'01" E 91.54 FEET; THENCE S 83 039'54" E 126.49 FEET; THENCE N 89 004'36" E 80.24 FEET; THENCE S 01 °54'43" E 932.70 FEET TO A POINT ON THE NORTHERLY RIGHT -OF -WAY OF SAID STATE HIGHWAY NO. 6; THENCE -S 88 °05'17" W ALONG SAID NORTHERLY RIGHT -OF -WAY 894.49 FEET TO THE TRUE POINT O1E BEGINNIN ; SAID PARCEL CONTAINING 19.292 ACRES, MORE OR LESS. 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945 -8676 • FAX: (970) 945 -2555 EXHIBIT A PROPERTY DESCRIPTION (PHASE 4 DESCRIPTION) A PARCEL OF LAND SITUATED IN TRACT 55, TOWNSHIP 5 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT ANGLE POINT NO. 3 OF TRACT 53 OF SAID TOWNSHIP 5 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, A G.L.O. BRASS CAP IN PLACE; THENCE N 51-26'13" W 3654.50 FEET TO A POINT ON THE NORTHERLY RIGHT -OF -WAY OF STATE HIGHWAY NO. 6, 1HE-TRUE 1H -TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY RIGHT -OF -WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 5780.00 AND A CENTRAL ANGLE OF 01 013'35" A DISTANCE OF 123.72 FEET (CHORD BEARS S 88 042'05" W A DISTANCE OF 123.72 FEET); THENCE CONTINUING ALONG SAID NORTHERLY RIGHT -OF -WAY S 88 005'17" W 658.25 FEET; THENCE LEAVING SAID RIGHT -OF- WAY N 01 °54'43" W 932.70 FEET; THENCE N 89 °04'36" E 64.13 FEET; THENCE N 82 °09'11" E 136.31 FEET; THENCE N 74 °45'25" E 132.72 FEET; THENCE N 80 °41'51" E 143.91 FEET; THENCE N 79 °34'15" E 89.95 FEET; THENCE S 89 °16'31" E 183.94 FEET; THENCE N 67 °34'26" E 63.67 FEET; THENCE S 00 041'07" E 1023.53 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 17.779 ACRES, MORE OR LESS. _„„w 19598 z*> 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945 -8676 • FAX: (970) 945 -2555 EXHIBIT A PROPERTY DESCRIPTION (PHASE 5 DESCRIPTION) A PARCEL OF LAND SITUATED IN TRACT 55, TOWNSHIP 5 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT ANGLE POINT NO. 3 OF TRACT 53 OF SAID TOWNSHIP 5 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, A G.L.O. BRASS CAP IN PLACE; THENCE N 51'26'13" W 3654.50 FEET TO A POINT ON THE NORTHERLY RIGHT -OF -WAY OF STATE HIGHWAY NO. 6, -THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY RIGHT -OF -WAY N 00 °41'07" W 1023.53 FEET; THENCE N 67 034'26" E 168.04 FEET; THENCE S 87 015'35" E 389.24 FEET; THENCE S 71 °49'30" E 167.19 FEET; THENCE S 05 °13'33" W 1044.76 FEET TO A POINT ON THE NORTHERLY RIGHT -OF -WAY ON STATE HIGHWAY NO. 6; THENCE ALONG SAID NORTHERLY RIGHT -OF -WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 5780.00 AND A CENTRAL ANGLE OF 05 054'40" A DISTANCE OF 596.31 FEET {CHORD BEARS N 87 °43'47" W A DISTANCE OF 596.05 FEET) TO THE TRUE POINT OF BEGINNIN ; SAID PARCEL CONTAINING 16.053 ACRES, MORE OR LESS. 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945 -8676 • FAX: (970) 945 -2555 EXHIBIT A PROPERTY DESCRIPTION (PHASE 6 DESCRIPTION) A PARCEL OF LAND SITUATED IN TRACT 55, TOWNSHIP 5 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT ANGLE POINT NO. 3 OF TRACT 53 OF SAID TOWNSHIP 5 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, A G.L.O. BRASS CAP IN PLACE; THENCE N 28 °48'51" W 2393.61 FEET TO A POINT ON THE NORTHERLY RIGHT -OF -WAY OF STATE HIGHWAY NO. 6, THE TRUE POINT OF BEGINNING; THENCE N 81 025'00" W ALONG SAID NORTHERLY RIGHT -OF -WAY 780.83 FEET; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT -OF -WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 5780.00 AND A CENTRAL ANGLE OF 03 021'28" A DISTANCE OF 338.73 FEET (CHORD BEARS N 83 005'43" W A DISTANCE OF 338.69 FEET); THENCE LEAVING SAID NORTHERLY RIGHT -OF -WAY N 05 013'33" E 1044.76 FEET; THENCE S 71 °34'58" E 298.80 FEET; THENCE S 46 °47'42" E 159 -70 FEET; THENCE S 50 055'45" E 191.92 FEET; THENCE S 73 °27'21" E 179.72 FEET; THENCE S 18 °26'57" E 51.50 FEET; THENCE N 79 003'42" E 64.31 FEET; THENCE N 47 °41'11" E 48.82 FEET; THENCE S 82 056'52" E 169.77 FEET; THENCE S 59 °10'58" E 62.59 FEET; THENCE S 14 040'06" E 53.86 FEET; THENCE N 78 °33'35" E 64.67 FEET; THENCE S 61 039'02" E 91.16 FEET; THENCE S 17 °58'59" E 31.18 FEET; THENCE S 76 °34'16" E 134.68 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE DANIELS ANNEXATION; THENCE S 03 °21'50" W ALONG SAID WESTERLY BOUNDARY 120.34 FEET; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY S 37 024'23" W 200.00 FEET; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY S 57 040'04" W 241.96 FEET; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY S 02 °52'01" W 213.47 FEET TO =TRUE J POINT OF BEGINNING; SAID PARCEL CONTAINING 24.432 ACRES, MORE OR LESS. 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945 -8676 • FAX: (970) 945 -2555 1= ^MPI 1 Gypsum Ranch Sand and Gravel Pit I. Purpose II. Phase 2 0 Phasing Reclamation and Operations Plan (7/09/97) To describe and control all activities which may occur within the approved mining boundary for the Gypsum Ranch Sand and Gravel Pit. Phasing The proposed Gypsum Ranch Sand and Gravel Pit will be mined in six contiguous phases. As shown on the mine plan, the phasing will begin on the westerly end of the property and proceed in an easterly direction. The total area to be mined will be just over 120 acres, with the phase size to range between 16 and 25 acres. The specific area of each phase along with the approximate volume of material to be excavated, is as follows: Area 25.408 Ac. 17.972 Ac. 19.291 Ac. 17.779 Ac. 16.053 Ac. 24.431 Ac. TOTALS 120.934 Ac. Approximate Excavated Volume 763,000± CY 508,000± CY 627,000± CY 594,000± CY 599,000± CY 809,000± CY 3,900,000± CY Attached Exhibit A contains separate legal descriptions for each phase of the operation, as well as a description of the overall mining boundary. Approximately one year prior to the commencement of Phase 1 as described on the approved plan, written notice shall be made to Eagle County by certified mail. This notice will describe the status of the current phase (such as required permits obtained and compliance with other approval conditions) and the proposed plan and time frame for moving onto this phase. In addition to this description, a detailed site plan of the phase will be included. The site plan will show existing and proposed contours, existing structures and improvements, existing and proposed utilities, phase lines, roads, existing and proposed drainage structures, and proposed storage and parking areas. At this time, Eagle County may perform an inspection to determine compliance with the conditions of the special use permit. The County staff will base this inspection on the conditions of approval for the permit and on the Review Checklist which is attached as an Exhibit B of this plan. The inspection will be managed and supervised by the Director of the Eagle County Department of Community Development. Within thirty days of the inspection, Eagle County, through a resolution of the Board of County Commissioners, shall provide written permission to the permit holder to begin operations on Phase 1, or shall provide a written list of conditions which must be met along with a date for reinspection, prior to commencement of operations on Phase 1. A resolution shall be adopted and approved by the Eagle County Board of County Commissioners for each individual phase. Eagle County reserves the right to perform an additional inspection based on any conditions which may need to be reviewed. No work may begin on the next phase until the BOCC resolution is approved. Due to the proximity of Phase 1 to the primary access point along the existing main ranch driveway, some of the operational equipment will remain on Phase 1 throughout the life of the project. This equipment includes the offices (which will include domestic water and waste disposal facilities), the scales, the redi -mix plant and some of the operations vehicles and earth- moving equipment when they are not in actual use. The areas which will contain these buildings and equipment is specifically designated on the plan. Most of the on -site equipment, though, will move to the phase which is currently being mined. The equipment which will move from phase to phase includes the crusher, the wash plant, the asphalt plant (hot mix plant), the fuel storage tank, scrapers and other earth moving equipment, and haul trucks and other gravel related vehicles as well as portable toilets and bottled water. No equipment may be moved onto a new phase until the aforementioned resolution is adopted by the Board, unless for agricultural or drainage maintenance purposes. Phase 2 operations will need to commence prior to completion of mining activities on Phase 1 and prior to completion of reclamation on Phase 1. As the Phase 2 mining progresses, the equipment and vehicles to be moved (as noted previously) will be relocated from Phase 1. Once all of the equipment to be moved has been relocated from Phase 1, reclamation may begin on Phase 1. However, as buildings and some equipment will remain on Phase 1 for the life of the project, only limited reclamation will occur on this phase. The limited reclamation will occur over approximately the western one -half of Phase 1 and on most of the area east of the main road. This limited reclamation for Phase 1 will include the regrading of the walls of the excavation, replacement of overburden and topsoil, and reseeding the slopes and floors with a mixture of native grasses and hay grasses. The walls of the excavation will be regraded at a variable slope of between 2:1 and 3:1. No greater than 50% of the reclaimed sides will be at 2:1, and not greater than 50% will be at 3:1, and there will be a transition area (or areas) between these grades to help give the slope an irregular appearance. These areas will be irrigated during the growing season to help the new vegetation take hold. Final reclamation of the remainder of Phase 1 will occur in conjunction with the reclamation of Phase 6. Reclamation on a phase should commence within 90 days of beginning operations on the next phase, or within 180 days if the movement onto the new phase occurs between October and December. The reclamation of the approximate western one -half of Phase 1 shall be completed no later than 18 months from the date of commencement of mining operations on Phase 2. In general, stockpiles of gravel materials should be sold from an earlier phase prior to allowing sales of stockpiles from the current phase. The same procedure described for the commencement of operations on Phase 1 and the Phase 1 - Phase 2 transition shall be followed for future phases. That is approximately one year prior to completion of any phase, Eagle County shall be notified by the permit holder in writing and through certified mail of the status of the operation, along with a request for approval to move onto the subsequent phase. A detailed site plan shall accompany the request. No work may begin on any subsequent phase without written approval by Eagle County in the form of a resolution adopted by the Board of County Commissioners. The permit holder must remain in compliance with the conditions of the original Special Use Permit and any additional conditions which may subsequently be placed on individual phases from Eagle County in order to receive approval of future phases. Reclamation of all phases other than Phase 1 will be completed with the exception of the area needed to provide access within 18 months of beginning operations on a subsequent phase. Complete reclamation of any phase will not be possible until all activity is complete on Phase 6, due to the need to allow for an access road through the project site. For Phases 2 - 5 then, reclamation will be completed as described above with the exception of the necessary access road(s). The maximum area of disturbance allowed at any one time will be 30 acres, excepting the "permanent' facilities on Phase 1 and any access roads. III. Timing of Phases As noted in the original application, the mining of all six phases is expected to take approximately 20 years. Based on the estimate, the proposed phasing plan for the project is as follows: Phase 1 3.5 years — Phase 2 3 years Phase 3 3 years Phase 4 3 years Phase 5 3 years Phase 6 4.5 years TOTAL 20 years IV. Allowed Uses Within the Described Mining Boundary [Note: Adjacent property to the north outside of the described mining boundary owned by the applicant is not subject to the terms and conditions of the requested Special Use 3 I Permit or of this Phasing, Reclamation, and Operations Plan, but remains subject to the uses, terms, conditions and restrictions described for the Resource Zone District and other applicable regulations of the Eagle County Land Use Regulations.] A. All Phases Site preparation, including road construction, topsoil removal and stockpiling, overburden removal and stockpiling, construction and maintenance of drainage improvements, and equipment and supply storage. 2. Aggregate mining of sand and gravel, stockpiling, processing, conveying, loading, hauling and other activities associated with mineral extraction. This includes the use of equipment and materials such as a crusher, wash plant, and earth moving equipment. 3. Storage, operation, and maintenance of heavy construction equipment and vehicles associated with the mining operation. 4. Operation and parking of personal vehicles of employees and visitors. Surface drainage improvements such as culverts and sediment ponds. Sediment ponds located on the floor of the excavation shall be periodically reclaimed and relocated as mining progresses. 6. Water tanks and/or water storage as necessary for dust suppression along roads and areas of current mining activity. 7. Reclamation activities including regrading, seeding, planting, mulching, fertilizing and irrigation. 8. Asphalt plant (hot mix plant). 9. Fuel storage. 10. Domestic water and waste disposal facilities. 11. Ranching, irrigation, haying, pasturing of cattle and horses, other agricultural activities, and all other uses currently allowed in the Eagle County Land Use Regulations in the Resource Zone District as they presently exist on the property, with the exception of a day care home. [Note: Other than the uses as allowed in the Resource Zone District, no other activities may occur on an individual phase without the specific approval of Eagle County through a Board of County Commissioner's resolution.] �3 j B. Phase 1 Only Operations and security offices (modular trailers). 2. Weight scales. 3. Redi -mix plant. V. Operational Standards 1. All permitted uses for each phase shall be contained within the phase boundary and within the overall mine boundary as shown on the final approved mine plan. 2. The agricultural type of fencing as currently exists on the property shall be allowed (post and barb - wire). Lockable gates at the intersection of the main access road with the railroad right -of -way and at the intersection of the main road with the office area shall be allowed. If needed, additional fencing of the agricultural type currently existing on site shall be allowed for security and safety purposes. The owners wish to keep any additional fencing to a minimum. 3. Safety signage as required by local, state, and federal laws and permits shall be posted as required. The safety signage which may be required is unknown at this time. 4. One project identification sign, not to exceed sixty (60) square feet shall be allowed within the project boundary near the intersection of U.S. Highway No. 6 with the primary access road on Phase 1. 5. A total of six directional and information type signs shall be allowed at locations throughout the project. Each of these signs shall be limited to a maximum of ten (10) square feet for an overall total not to exceed sixty (60) square feet. 6. Domestic water will be provided from an approved domestic well for the Phase 1 facilities. A cistern or storage tank for the potable water will be located adjacent to the office trailers. As needed, bottled water will be provided at the actual location of the mining operations on the individual phases. 7. Sanitation shall be provided at the office facility on Phase 1 by a 1000 gallon minimum vault which shall be pumped and maintained on a regular basis to prevent any potential contamination of surrounding soils. Portable toilets will be used as needed at the actual location of the mining operations on the individual phases. 8. Lighting shall be provided for security and safety purposes as needed along access and haul roads and adjacent to structures. All lighting will be directed downward to prevent spill and glare on adjoining properties. Lighting shall also be located and directed in a manner to prevent spill and glare from affecting travelers along Interstate 70 and U.S. Highway 6. The maximum height of the lighting standards shall be limited to twenty (20) feet. This includes lighting fixtures attached to the office structures. Maximum number of light fixtures throughout the entire project will be thirty (30). For Phases 2 - 6, up to three light standards shall be allowed per phase along the haul road or at the location of mining operations. For Phase 1, up to 15 lights or light standards shall be allowed around the structures, along the access roads, and adjacent to or within the parking areas for equipment. 9. Mining, processing, and off -site hauling shall be permitted from 6 A.M. to 8 P.M. Monday through Saturday during the months of March through November, and from 8 A.M. until 1 P.M. on Sundays of these months. Mining, processing, and off -site hauling shall be allowed from 6 A.M. until 6 P.M. Monday through Saturday during the months of December, January, and February. 10. Waste asphalt and concrete may be imported and recycled on the site. The maximum quantity of this material allowed to be stored on site at any given time is 50,000 cubic yards. This material may only be stored on the current operating phase, and shall be located as near as is practical to the gravel stockpiles. If movement onto a new phase is approved prior to the recycling of stockpiled asphalt and concrete, this material must be moved onto the new operating phase. 11. Excess fill, topsoil and overburden material may be imported and stored for future reclamation use or other use off -site. The maximum quantity of this material allowed to be stored on -site at any given time is 100,000 cubic yards. This material shall be stored only on the operational phase, and shall be located as near as is practical to the gravel stockpiles. 12. Dust suppression along haul roads and in areas of mining activity shall be provided by an on -site water truck. In addition, roads shall be treated at the beginning of the construction season (March/April) with a magnesium chloride mix. VI. Performance Standards Volume of Sound Generated: Every 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 any boundary line of the property on which the use is located. 2. Smoke Emission: f Every use shall be so operated that it does not emit smoke exceeding a density of No. 1 on the Ringleman Chart. 3. Emission of Particulate Matter: All equipment shall be kept in good operating condition, and shall have current air quality permits from the Colorado Department of Health and Environment. 4. Emission of Heat, Glare, Radiation and Fumes: Every use shall be so operated that it does not emit an obnoxious or dangerous degree of heat, glare, radiation, or fumes beyond any boundary line of the property on which the use is located. 5. Storage Areas: a. No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by natural causes or forces. b. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers. 6. Water Pollution: No water pollutant shall be emitted by manufacturing or other processing. VII. Permits All required local, state, and federal permits shall be obtained prior to commencement of operations on the site. VIII. Reclamation Reclamation shall be consistent with the guidelines and conditions of the Mined Land Reclamation Board Permit. 2. Side slopes at the edge of the excavation and along haul roads shall be final graded at approximately a 2:1 slope. The side slopes of the edge of the excavation shall be reseeded with a mixture of native grasses as recommended by the Mined Land Reclamation Board or The Soil Conservation Service. 4. The floor of the excavation, with the exception of roads and drainage structures, shall be reclaimed with up to two feet of the overburden and topsoil removed initially from the site. These materials will be stockpiled and bermed along the southerly property line. Once the topsoil has been replaced, the area reclaimed will be reseeded with a mixture of pasture and hay grasses as recommended by the Mined Land Reclamation Board or The Soil Conservation Service. The floor of the pit will be regraded in such a manner that stormwater runoff will flow towards the designated drainage channels. IX. Fire Protection Plan The subject site is within the boundaries of the Gypsum Fire Protection District, who will be contacted in the event of a fire. Fire extinguishers will be required within each office structure. Water and sand will be present on -site as well, and will be available for fire control measures. Gypsum Ranch Sand & Gravel Pit Review Checklist for Approval of Movement Onto a Subsequent Phase 1) Request by applicant via certified mail for inspection by County Staff 2) Submittal of detailed site plan via certified mail of project phase subject to staff approval 3) Submittal of list detailing quantity of gravel removed to date, per year and in total, from current phase 4) Field staking of the mining boundary of the new phase for staff inspection 5) Demonstration of current mined Land Reclamation Board Permit 6) Demonstration of current Air Quality Permit from the Colorado Department of Health and Environment, Air Pollution Control Division, for crusher(s) 7) Demonstration of current Air Quality Permit from the Colorado Department of Health and Environment, Air Pollution Control Division, for cement plant 8) Demonstration of current Air Quality Permit from the Colorado Department of Health and Environment, Air Pollution Control Division, for asphalt plant 1 Not Not COM121ete Complete Ap lin 'cable 9) Demonstration of current Air Quality Permit from the Colorado Department of Health and Environment, Air Polution Control Division, for the excavation area 10) Demonstration of current Storm Water Management Plan Permit from the Colorado Department of Health and Environment 11) Compliance with terms and conditions of Storm Water Management Plan Permit 12) Demonstration of current Right -Of -Way Permit from Union Pacific Railroad 13) Demonstration that reclaimed slopes are at approved grade 14) Demonstration that reclaimed slopes are reseeded with a native grass mix 15) Demonstration that on -site equipment is operational 16) Demonstration that equipment stored on -site is located as shown on approved site plan 17) Inspection of the existing conditions of the new phase 18) Environmental inspection of current phase for fuel spills or other contaminants 19) Inspection of current phase for debris 2 Not Not Complete Co=lete Applicable 1 20) Inspection of site for inoperable equipment 21) Inspection of potable water facilities by Eagle County Environmental Health 22) Inspection of sewage disposal facilities by Eagle County Environmental Health 23) Compliance of on -site project supplies with the current approved plan 24) Compliance with the lighting standards described in the Phasing, Reclamation, and Operations Plan (6/30/97) 25) Compliance with the fencing standards described in the Phasing, Reclamation, and Operations Plan (6/30/97) 26) Adequate control of weeds as described in the Phasing, Reclamation, and Operations Plan (6/30/97) 27) Compliance with dust control measures as described in the Phasing, Reclamation, and Operations Plan (6/30/97) 28) Main access road in good operating condition 29) Demonstration of effective dust control measures on main access road 30) Haul road or roads in good operating condition 3 Not Not Comple Complet Applicable Not Not Complete Complete Applicable 31) Demonstration of effective dust control measures on haul road or roads 32) Inspection of on -site drainage structures 33) Compliance with spill containment plan 34) Inspection of on -site fuel tanks 35) Inspection of on -site fuel containment structure 36) Inspection of condition of screening berm for current phase 37) Proper site location of approved facilities 38) Compliance with signage standards described in the Phasing, Reclamation, and Operations Plan (6/30/97) 39) Inspection of main irrigation ditch to assure connection to adjacent property to the west. 40) Compliance with fire protection plan El