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HomeMy WebLinkAboutR84-18 Nottingham sand & gravel suspension hearingtow RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 84- / D RESOLUTION SETTING-A REARING-TO-CONSIDER THE -- - SUSPENSION OR REVOCATION OF SPECIAL USE PERMIT N0, ZS- 103 -79, FORMERLY SPECIAL USE PERMIT NO. ZS- 45 -77, HELD BY-NOTTINGHAMi SAND & 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, at a special meeting held-May- 1,:1984, the Board of County Commissioners of the County.-of Eagle, State of Colorado ( "Board "), conducted an annual review,- pursuant to Resolution No. 83 -51, relative to Special Use Permit No. ZS- 103 -79, formerly Special- Use-Permit No. ZS- 45 -77, held by Nottingham Sand & Gravel Company -( "Permittee ") for the operation of the gravel pit 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, during the aforementioned meeting, the Board received oral and written evidence pertaining to an alleged violation of the terms and conditions imposed by the Board on Special Use Permit No. ZS- 103 -79, formerly Special Use No. ZS- 45 -77, and more specifically, to the gravel pit operation and related mining activities being conducted by the Permittee 0 outside of the area permitted under the aforementioned Special Use Permit; and WHEREAS, evidence of the foregoing was submitted in the form of testimony from representatives of the Eagle River 1978 Trust and Eagle Ranch, Inc., the Permittee and the Eagle County Department of „Community Development; and the following exhibits were admitted into the record of proceedings: ' Exhibit 4: map prepared---by Mountain Engineering & Land Surveying Co. on behalf of Nottingham Sand & Gravel Company depicting the existing site' conditions at the subject gravel pit as of February 29, 19$4; Exhibit 10: map prepared by Johnson &° Kunkel Land Surveying Co. dated - September 13, 1977, entitled "Special Use Permit Map -,Nottingham Sand & Gravel Co: "; Exhibit A: map prepared by M. Darrell White in October, 1983, on behalf of Nottingham Sand & Gravel Company depicting the subject gravel pit operation, Exhibit B: letter dated March 19, 1984, addressed to Steve Nottingham.from Kenneth L. Long regarding the placement of Alkali Creek in the wrong drainage; Exhibit C: letter dated March 20, 1984, from James A. Rubin to Nottingham Sand & Gravel regarding a violation of Special Use Permit No. ZS- 103 -79; Exhibit D: transcript of proceedings before the Board of County Commissioners of Eagle County on March 14, 1984, regarding Nottingham Sand & Gravel Company, and the subject gravel pit operation; and WHEREAS, based upon the foregoing, the Board finds that there is sufficient conflicting evidence to reasonably cause the Board to believe that Nottingham Sand & Gravel Company, the holder of Special Use Permit No. ZS- 103 -79, formerly Special Use Permit No. ZS- 45 -77, has violated the terms and conditions imposed by the Board on the subject Special Use Permit relative to the gravel pit operation and related mining activities being -2- conducted by the holder of the subject Special Use Permit outside of the permitted boundaries. 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 June 12, 1984, commehc-ing at-9:00 A7.-Pr. An -the- of County Commissioners' meeting room; McDonald Building, 550'Broadway, Eagle, Colorado, pursuant to Section-2.09.06 of the Land Use Regulations of the County of Eagle, State of Colorado, 1982,-as - amended, -to determine whether Special Use Permit No. ZS- 103 -79, formerly Special Use Permit -No. ZS --45 -77, held by Nottingham. Sand & 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 a violation of the terms and conditions- imposed thereon by the Board; sai -d alleged violation being that the Permittee has conducted its gravel pit- operation and related mining activities outside of the area presently permitted under the subject Special Use Permit. THAT, Nottingham Sand & Gravel Company shall show cause at the aforementioned public hearing why the above - referenced - Special Use Permit should not be suspended or revoked. THAT, a copy of this Resolution shall be transmitted by mail to the holder of Special Use Permit No. ZS- 103 -79, formerly Special Use Permit No. ZS -45 -77 at the address contained in the subject Special Use Permit, which shall constitute notice to Nottingham Sand & Gravel Company of the above - referenced public hearing. THAT, with the exception of the above - referenced item which is the subject of the scheduled revocation or suspension hearing, the Board finds, determines and declares that the Permittee has presently complied with all other terms and Sim 0 � w conditions imposed by the Board on Special Use Permit No. ZS- 103 -79, formerly Special Use Permit No. ZS- 45 -77. THAT, in order to clarify the original intent of the Board in the imposition of that certain condition set forth in Paragraph 6, Resolution No. 83 -51, the Board hereby administratively amends the aforementioned Paragraph 6 to read as follows: -- 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 for the purpose of providing a sound barrier for those adjacent peroperties located in a northerly direction of the subject gravel pit operation: Subsequent to the construction or- replacement of the temporary berm referred to in Paragraph 5 hereinabove, the Permittee -shall at all times thereafter- provide and have in place - some of an adequate . sound barrier -for the benefit of those adjacent properties located in northerly - direction of the subject gravel pit operation. 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 day of May, 1984, nunc pro tunc May 1, 1984. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS By - [ By: Clerk of the Boar of County Commissioners v Dan' an Wi l sioner -4- � f CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this J /l day of May, 1984, I placed a true and correct copy of the foregoing Resolution No. 84- /Lin the United States mails, certified, return receipt requested, postage prepaid, addressed to: Courtney G. Petre, Esq.- P 462 954 237 George Pe -tre, Esq. PETRE AND ZIMMERMAN P.O. Drawer 400 Glenwood Springs, Colorado - 81602 Jay Lucas P 462 954 238 Mined Land Reclamation DEPARTMENT OF NATURAL RESOURCES 723 Centennial Building 1313 Sherman Street .Denver,-Colorado -80203 Roger Boraas - P 462 954 239 DENVER & RIO GRANDE WESTERN . RAILROAD P.O. Box 5482 Denver, Colorado 8.0217 NOTTINGHAM SAND & GRAVEL COMPANY. P 462 954 240 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 Robert J. Stemwedel, Jr., Esq P.O. Box 1140 P 462 954 241 P 462 954 242 P 462 954 243 Eagle, Colorado 81631 Christine Dawkins -5-