HomeMy WebLinkAboutR82-099 Nottingham sand & gravel suspension of special use permita
RESOLUTION
l
OF THE
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 82- 99
RESOLUTION SETTING A HEARING TO CONSIDER THE SUSPENSION OR
REVOCATION OF SPECIAL USE PERMIT Zs -42 -77 HELD BY NOTTINGHAM
SAND AND GRAVEL COMPANY RELATIVE TO THE GRAVEL PIT OPERATION
LOCATED ON THE NORTH SIDE OF U.S. HIGHWAY NO. 6 BETWEEN THE
TOWN OF EAGLE AND THE TOWN OF GYPSUM, COUNTY OF EAGLE, STATE
OF COLORADO
WHEREAS, on October 27, 1982, the Board of County
Commissioners of the County of Eagle, State of Colorado,
hereinafter referred to as the "Board," received various
complaints from the Eagle River 1978 Trust, an adjacent
property owner, relative to the gravel pit owned and operated
by Nottingham Sand and Gravel Company pursuant to Eagle
County Special Use Permit Zs- 42 -77; said gravel pit being
generally located on the north side of U.S. Highway No. 6
between the Town of Eagle and the Town of Gypsum, and more
particularly described as a parcel of land being the easterly
portion of that certain land designated the "Gravel Pit
Parcel" described in Book 271 at Page 580 of the Eagle County
records, lying in Tract 47 of Sections 1 and 2 and in
Tract 51 of Section 2, Township 5 South, Range 85 West, Sixth
Principal Meridian, County of Eagle, State of Colorado,
containing 28.86 acres, more or less; and
WHEREAS, the aforesaid complaints pertained to
alleged violations of the terms and conditions imposed by the
Board on Special Use Permit Zs- 42-77 relative to the phasing
and location of the subject gravel pit operations; the noise
and dust emanating from the subject gravel pit; the submittal
of a bond to ensure completion of the approved revegetation
plan; the requirement of a signal person at the railroad
crossing when the subject pit is in operation; and the
question of physical and legal access to the project site
from U.S. Highway No. 6; and
WHEREAS, evidence of the foregoing was submitted in
the form of testimony from representatives of the
Complainant, the holder of the subject Special Use Permit,
and the County Department of Community Development; and the
following exhibits which were admitted into the record of
proceedings:
Exhibit 1: Affidavit of Patty A. Dodson dated
October 26, 1982;
Exhibit 2: Affidavit of Kip William Burden dated
October 26, 1982;
Exhibit 3: Affidavit of Doug Davies dated
October 27, 1982;
Exhibit 4: Ten photographs taken of the subject
gravel pit on or about August 4, 1982;
Exhibit 5: Inspection report dated July 7, 1982,
prepared by Erik Edeen and Susan Vaughn;
Exhibit 6: Six letters dated September 30, 1982,
from the Eagle County Attorney to adjacent property
owners;
Exhibit 7: Letter dated September 28, 1982, from
William J. Phillips to the Eagle County Attorney;
Exhibit 8: Letter dated August 30, 1982, from the
Eagle County Attorney to William J. Phillips; and
Exhibit 9: Letter dated August 19, 1982, from
William J. Phillips to the Board; and
E
WHEREAS, based upon the foregoing, the Board finds
' that there is sufficient conflicting evidence to reasonably
cause the Board to believe that the holder of Special Use
Permit Zs- 42 -77, Nottingham Sand and Gravel Company,•has
violated the terms and conditions imposed by the Board on the
subject Special Use Permit relative to the location and
phasing of the settlement ponds, storage, and stockpiles; the
submittal of a bond to ensure completion of the approved
revegetation plan; the requirement of a signal person at the
railroad crossing when the gravel pit is in operation; and
the question of physical and legal access to the project site
from U.S. Highway No. 6.
NOW, THEREFORE, be it resolved by the Board of
County Commissioners of the County of Eagle, State of
Colorado:
THAT, the Board shall hold a public hearing on
December 16, 1982, at 9:00 A.M. in the Board of County
Commissioners' meeting room, McDonald Building, 550 Broadway,
Eagle, Colorado, pursuant to Section 2.09.05(2) of the Land
Use Regulations of the County of Eagle, State of Colorado,
1982, as amended, to determine whether Special Use Permit
Zs -42 -77 held by Nottingham Sand and Gravel Company relative
to the gravel pit operation generally located on the north
side of U.S. Highway No. 6 between the Town of Eagle and the
Town of Gypsum, should be revoked or suspended for
noncompliance with the terms and conditions imposed thereon
by the Board.
THAT, Nottingham Sand and Gravel Company shall Show
cause at the said public hearing why the above - referenced
Special Use Permit should not be suspended or revoked.
THAT, in conjunction with the foregoing public
hearing, the Board shall additionally consider the annual
3
thereon by the Board, and applicable provision of the Zoning
Resolution of the County of Eagle, State of Colorado, 1979,
as amended, to include, but not to be limited to, performance
standards for noise levels.
THAT, a copy of this Resolution shall be transmitted
by mail to the holder of Special Use Permit Zs -42 -77 at the
address contained in the said Special Use Permit, which shall
constitute notice to Nottingham Sand and Gravel Company of
the above - referenced public hearing.
MOVED, READ, AND UNANIMOUSLY ADOPTED by the Board of
County Commissioners of the County of Eagle, State of
Colorado, at its regular meeting held the 8th day of
November, 1982, nunc pro tunc October 27, 1982.
ATTEST:
COU14TY OF EAGLE, STATE OF COLORADO
By and Through its
BOARD OF COUNTY COMMISSIONERS
By �wGtG / CG By
J nette Phil s
Clark to the Board of
County Commissioners
4
Keith Troxel, Co missioner
review of
the above - referenced
Special
Use Permit
to
determine
compliance with the
terms and
conditions
imposed
thereon by the Board, and applicable provision of the Zoning
Resolution of the County of Eagle, State of Colorado, 1979,
as amended, to include, but not to be limited to, performance
standards for noise levels.
THAT, a copy of this Resolution shall be transmitted
by mail to the holder of Special Use Permit Zs -42 -77 at the
address contained in the said Special Use Permit, which shall
constitute notice to Nottingham Sand and Gravel Company of
the above - referenced public hearing.
MOVED, READ, AND UNANIMOUSLY ADOPTED by the Board of
County Commissioners of the County of Eagle, State of
Colorado, at its regular meeting held the 8th day of
November, 1982, nunc pro tunc October 27, 1982.
ATTEST:
COU14TY OF EAGLE, STATE OF COLORADO
By and Through its
BOARD OF COUNTY COMMISSIONERS
By �wGtG / CG By
J nette Phil s
Clark to the Board of
County Commissioners
4
Keith Troxel, Co missioner
CERTIFICATE OF MAILING
I do hereby certify that I have placed in the United States
Mails, first - class, postage prepaid, this day „of
November, 1982, a true and correct copy of the foregoing
Resolution No. 82 - cilli; , addressed to the following:
George Petre, Esq.
Petre and Zimmerman
P.O. Drawer 400
Glenwood Springs, Colorado 81602
Mined Land 'Reclamation
Department of Natural Resources
723 Centennial Building
1313 Sherman Street
Denver, Colorado 80203
Pat Barry, Esq.
Denver and Rio Grande Railroad
P.O. Box 5482
Denver, Colorado 80217
Nottingham Sand and Gravel Company
c/o Randy Nottingham
P.O. Box 935
Avon, Colorado 81620
The Brush Creek
Ranch Company
P.O. Box 242
Eagle, Colorado
The Eagle River
P.O. Box 242
Eagle, Colorado
Chester Goldman
P.O. Box 242
Eagle, Colorado
and Eagle River
81631
1978 Trust
81631
81631
