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Home My WebLink AboutR83-051 Nottingham annual review hearingA i + J RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 83- 51 IN RE THE MATTER OF THAT CERTAIN SPECIAL USE PERMIT, NOS. ZS- 103 -79 AND ZS- 45 -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 - REVOCATION OR SUSPENSION HEARING, ANNUAL REVIEW, AND AMENDMENTS WHEREAS, pursuant to various complaints submitted by The Eagle River 1978 Trust, an adjacent landowner, relative to the gravel pit owned and operated by Nottingham Sand and Gravel Company ( "Permittee ") pursuant to Eagle County Special Use Permit Nos. ZS- 103 -79 and ZS- 45 -77, and located on 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, the Board of County Commissioners of the County of Eagle, State of Colorado ( "Board "), adopted Resolution No. 82 -99 on November 8, 1982, which ordered that a show cause hearing be held to determine whether the aforesaid special use permit should be revoked or suspended; and WHEREAS, the show cause hearing was duly scheduled before the Board on December 16, 1982, and continued at the request of the Complainant and Permittee to January 26, 1983, I e ` with notice thereof being published in the Eagle Valley Enterprise on November 4, 1982, and mailed to the Permittee and adjacent landowners on November 5, 1982; and WHEREAS, in conjunction with the aforementioned show cause hearing, the annual review of the subject special use permit was scheduled before the Board on December 16, 1982, and continued at the request of the Permittee to January 26, 1983, with notice thereof being published in the Eagle Valley Enterprise on November 4, 1982, and mailed to the Permittee and adjacent landowners on November 5, 1982; and WHEREAS, by letter dated November 15, 1982, the Permittee requested various amendments to the subject special use permit relative to revegetation bonding, a signal person at the railroad crossing, and the filing of an amended plat each respective anniversary date; and WHEREAS, the hearing on the aforementioned amendments was consolidated with the hearing on suspension or revocation,and the annual review,on January 26, 1983, with notice thereof being published in the Eagle Valley Enterprise on December 23, 1982, and mailed to the Permittee and adjacent landowners on December 17, 1982; and WHEREAS, the Board received evidence in the form of statements by representatives of the Complainant, the Permittee, and County staff members, and the following exhibits which were presented at the hearing on January 26, 1983, and formally admitted into the record at the conclusion thereof; Exhibit 1: Letter dated January 26, 1983, from The Eagle River 1978 Trust to the Board; Exhibit 2: Statistical Data on Nottingham Sand & Gravel - Eagle Pit; Exhibit 3: Letter dated November 7, 1979, from Leigh, Scott & Cleary, Inc. to William Nottingham; Exhibit 4: Letter dated December 11, 1979, from Leigh, Scott & Cleary, Inc. to Mel Atwell; 2 Exhibit 5: Memorandum dated January 11, 1980, from Melton E. Atwell to the Board; Exhibit 6: Survey dated November 5, 1979, by Daniel White of the sight distances at railroad crossing located 3 miles west of Eagle, Colorado; Exhibit 7: Railroad Crossing Protection Criteria; Exhibit 8: Resume of Leigh, Scott & Cleary, Inc. Exhibit 9: Letter dated November 22, 1982, from Jay Lucas of the Colorado State Department of Mined Land Reclamation to Beth A. Whittier; Exhibit 10: Original site plan of the subject special use permit; Exhibit 11: proposed amended site plan of the subject special use permit as of December, 1982; and WHEREAS, the Board having reviewed and considered all of the testimony, regulations, guidelines, exhibits and other evidence presented at the hearing, does hereby find, determine and declare the following. NOW, THEREFORE, be it resolved by the Board of County Commissioners, County of Eagle, State of Colorado: THAT, the evidence presented at the show cause hearing relative to the Special Use Permit held by Nottingham Sand and Gravel Company, Nos. ZS- 103 -79 and ZS- 45 -77, and more specifically Exhibit 1, does not support a finding by the Board that the subject special use permit should at the present time be revoked or suspended for noncompliance with the terms and conditions imposed thereon by the Board. THAT, the complaints filed against the Permittee relative to the subject special use permit as set forth in Resolution No. 82 -99 be and are hereby dismissed without prejudice at the request of the Complainant. THAT, the Special Use Permit held by Nottingham Sand and Gravel Company, Nos. ZS- 103 -79 and ZS- 45 -77, be and is hereby amended as follows: 3 f 1. Pursuant to Exhibit 9, the Board finds and determines that the revegetation of the gravel pit operation authorized under the subject special use permit has been adequately bonded by the Colorado State Department of Mined Land Reclamation. Therefore, the Board hereby formally waives the requirement of a separate bond by the Permittee to the County to ensure compliance with and satisfactory completion of the revegetation plan approved as a condition of the subject special use permit. 2. The Board hereby deletes that certain condition of the subject special use permit which required the Permittee to provide for a signal person at the railroad crossing when the subject gravel pit is in operation. 3. The Board hereby approves the filing of an amended plat each respective anniversary date of the subject special use permit depicting the then present locations of all facets of the subject gravel pit mining operations, with the condition that any relocation thereof will not substantially affect adjacent landowners nor the revegetation plan previously approved by the Board. 4. That an annual review of the subject special use permit shall be held before the Board in January of each respective year. 5. That an adequate temporary berm shall be constructed by the Permittee at the present crusher site of the subject special use permit no later than March 15, 1983, the purpose of which shall be to act as a sound barrier for those adjacent properties located in a northerly direction of the subject gravel pit operation. M 6. That on or before the date of the next annual review of the subject special use permit in January, 1984, the Permittee shall have constructed a berm of a permanent nature for the purpose of providing a sound barrier for those adjacent properties located in a northerly direction of the subject gravel pit operation. Subsequent to the construction or placement of the temporary berm referred to in Paragraph 5 hereinabove, the Permittee shall at all times thereafter provide and have in place some type of an adequate sound barrier for the benefit of those adjacent properties located in northerly direction of the subject gravel pit operation. 7. That on or before the date of the next annual review of the subject special use permit in January, 1984, the Permittee shall provide to the Board geological data indicating an estimate of the amount of gravel pit materials remaining within the subject special use permit which can be excavated and removed. THAT, the terms and conditions of the Special Use Permit held by Nottingham Sand and Gravel Company, Nos. ZS- 103 -79 and ZS- 45 -77, with the amendments set forth herein, be and is hereby renewed by the Board. THAT any violation of or noncompliance with the terms and conditions imposed by the Board on the Permittee pursuant to this Resolution and the Special Use Permit, Nos. ZS- 103 -79 and ZS- 45 -77, shall be,the basis for revocation or suspension of the subject special use permit. THAT, should any section, clause, provisions, sentence or word of this Resolution be declared by a court of competent jurisdicton to be invalid, such decision shall not r1 affect the validity of this Resolution as a whole, or any parts thereof, other than the parts so declared to be invalid. For this purpose, this Resolution is declared to be severable. THAT, this Resolution is necessary for the health, welfare and safety of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners, County of Eagle, Colorado, at its regular meeting held the oq �,' day of June, 1983, nunc pro tunc January 26, 1983. ATTEST: 1 By�y�L lerk o t Boar of 'County Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUN COMMISSIONERS By: R David E. Mott, Chairman L �_ -T W. Keith Troxel, Commissioner Dan Williams, Commissioner CERTIFICATE OF MAILING I do hereby certify that I have placed in the United States mails, first - class, postage prepaid, this 30th day of June, 1983, a true and correct copy of the foregoing Resolution of the Board of County Commissioners of the County of Eagle, State of Colorado, addressed to the following: Courtney G. 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 Eagle River 1978 Trust P.O. Box 1199 Eagle, Colorado 81631 Eagle Ranch, Inc. P.O. Box 1199 Eagle, Colorado 81631