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HomeMy WebLinkAboutR84-29 special use permit Nottingham sand and gravelJ Commissioner �tii //, ¢7y�S moved the adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 84 -� IN RE THE MATTER OF THAT CERTAIN SPECIAL USE PERMIT NO. ZS- 103 -79, FORMERLY SPECIAL USE PERMIT NO. 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. WHEREAS, Nottingham Sand and Gravel Company ( "Permittee ") is the holder of Special Use Permit No. Zs- 103 -79, formerly Special Use Permit No. Zs- 45 -77, ( "Special Use Permit ") which governs and applies to the gravel pit owned and operated by the Permittee 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; and WHEREAS, pursuant to Resolution No. 84 -18, the Board of County Commissioners of the County of Eagle, State of Colorado ( "Board "), ordered the Permittee to show cause why the Special Use Permit should not be suspended or revoked for a violation of the terms and conditions imposed thereon by the Board; said alleged violation being that the Permittee had conducted its gravel pit operation and related mining activities outside of the area presently permitted under the Special Use Permit; and WHEREAS, the show cause hearing was duly scheduled before the Board on June 12, 1984, with notice thereof being published in the Eagle Valley Enterprise on May 10, 1984, and mailed to the Permittee and adjacent landowners on May 4, 1984; and WHEREAS, the Board received evidence in the form of statements and sworn testimony by representatives of the Permittee, adjacent landowners, and County staff members, among other interested parties, and the following exhibits which were presented at the hearing and formally admitted into the record at the conclusion thereof: Exhibit A: map prepared by Johnson & Kunkel Land Surveying Co. dated September 13, 1977, entitled "Special Use Permit Map - Nottingham Sand & Gravel Co. "; Exhibit B: map prepared by M. Darrell White in October, 1983, on behalf of Nottingham Sand & Gravel Company depicting the subject gravel pit operation; Exhibit C: letter dated March 19, 1984, addressed to Steve Nottingham from Kenneth L. Long regarding the placement of Alkali Creek in the wrong drainage; Exhibit D: photographs of the subject gravel pit operations tendered by Randy Nottingham; Exhibit E: 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, with specific reference to page 59 therein; Exhibit F: 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 G: transcript of proceedings before the Board of County Commissioners of Eagle County on May 1, 1984, regarding Nottingham Sand & (2) Gravel Company and the subject gravel pit operation, with specific reference to page 18 therein; Exhibit H: memorandum dated May 8, 1984, addressed to the Board of County Commissioners from Susan Vaughn regarding zoning violation - Nottingham Sand and Gravel; Exhibit I: photograph referred to by Commissioner Williams during the hearing; said photograph being taken by Rick Pylman of the subject gravel pit operations; Exhibit K: photographs taken of the subject gravel pit operations by Terrill Knight; and Exhibit L: 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, 1984. Exhibit J, a copy of a proposed Stop Work Order prepared by the Eagle County Department of Community Development but never issued to Nottingham Sand & Gravel Company, was offered by Robert J. Stemwedel on behalf of his clients, but was not admitted by the Board based upon a determination of irrelevancy; and WHEREAS, the evidence was weighed accordingly based upon the probative value placed thereon by the Board, and the following findings are based on the record as a whole; 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, in accordance with Section 2.09.06 of the Eagle County Land Use Regulations, 1982, as amended, as follows: 1. The Permittee did violate the terms and conditions of the Special Use Permit by conducting mining (3) operations and related gravel pit activities outside of the territorial boundaries permitted under the Special Use Permit. 2. The extent, nature and magnitude of the aforementioned violation consisted of an expansion of the mining operations and related gravel pit activities of the Permittee unto approximately 2z acres directly outside of the permitted boundaries, which area'represents less than 10% of the total acreage presently permitted under the Special Use Permit. 3. The impact of the aforementioned violation on the health, safety and welfare of adjacent landowners is limited to the assurance the unpermitted area will be satisfactorily reclaimed in accordance with the requirements of the State of Colorado Mined Land Reclamation Board, expecially since such area is not presently covered under any collateral bond or revegetation plan as generally required for permitted gravel and mining operations. 4. The Permittee was the party who initially brought to the attention of the Board and its planning staff members the fact the Permittee had inadvertently conducted mining operations and related gravel pit activities outside of its permitted boundaries. 5. The map of the original Special Use Permit, i.e., Exhibit A, incorrectly located Alkali Creek in a westerly direction, and supports the contention of the Permittee that it inadvertently and mistakenly conducted mining operations and related gravel pit activities outside of the boundaries permitted under the Special Use Permit. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO, THAT: 1. Pursuant to Section 2.09.06(4) of the Eagle County Land Use Regulations, 1982, as amended, the evidence presented in mitigation of the aforementioned Special Use Permit violation committed by the Permittee and the findings of the Board as set forth herein support a determination (4) by the Board that Special Use Permit No. Zs- 103 -79 should not, at the present time, be revoked or suspended; subject, however, to the Permittee's compliance with the conditions imposed herein by the Board. 2. To alleviate the concerns expressed during the show cause hearing regarding the reclamation of the unpermitted area, the Board hereby imposes,as a condition on Special Use Permit No. Zs- 103- 79,the requirement that on or before July 12, 1984, the Permittee shall have either (a) diligently pursued and obtained the Board's approval to an amendment to Special Use Permit No. Zs- 103 -79 for the expansion of the boundaries presently permitted thereunder to include the approximate 22 acre parcel which was the subject of the instant show cause hearing; or (b) provided adequate collateral, in form consistent with the collateral requirements of the State of Colorado Mined Land Reclamation Board, to the Board for the purpose of guaranteeing the timely and satisfactory reclamation, including revegetation, of the subject approximate 22 acre parcel not under permit,in accordance and consistent with the reclamation and revegetation requirements of the State of Colorado Mined Land Reclamation Board. 3. The failure of the Permittee to fully and completely satisfy, on or before July 12, 1984, the condition set forth in the paragraph next above shall result in the automatic suspension of Special Use Permit No. Zs- 103 -79 for a violation thereof as originally shown unto the Board at the instant show cause hearing. 4. Any suspension of Special Use Permit No. Zs- 103 -79 under the terms of this Resolution shall take effect immediately upon written notification thereof by the Board or its designated representative to the Permittee; shall apply to the entire land area covered under Special Use Permit No. Zs- 103 -79; shall apply to and suspend all mining and gravel operations, and any other related activities, permitted under Special Use Permit No. Zs- 103 -79, with the exception the Permittee shall be allowed to haul off the permitted site any material processed prior to the notice of suspension; and shall remain in effect until such time the Permittee has satisfactorily complied with the reclamation condition imposed by the Board herein under Paragraph 2 of the Board's order. (5) 5. A copy of this Resolution shall be transmitted by mail to the Permittee at the address contained in the Special Use Permit, which shall constitute notice to the Permittee of the conditions imposed herein by the Board on the Special Use Permit. 6. Should any section, clause, provision, sentence or word of this Resolution or of Special Use Permit No. Zs- 103 -79 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Resolution or of Special Use Permit No. Zs- 103 -79 as a whole, or any parts thereof, other than the parts so declared to be invalid. For this purpose, this Resolution and Special Use Permit No. Zs- 103 -79 are declared to be severable. 7. This Resolution is necessary to preserve the public welfare, health and safety of the residents and citizens of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 18th day of June, 1984, nunc pro tunc, June 12, 1984. ATTE T : , By' Clerk of the Board of County Commissioners (6) COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS By._ � r / W. Ke' Trooxel, Chairman �L Da 'd E. Mott, Commissioner Dan Williams, Commissioner Po1 Commissioner seconded the adoption of the foregoing Resolution. T e roll having been called, the vote was as follows: Commissioner W. Keith Troxel Commissioner David E. Mott Commissioner Dan Williams :2GJ This Resolution adopted by (�j�/j/�yy9/ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. (7)