HomeMy WebLinkAboutR01-102 special use extension Lehman Gravel PitWHEREAS, On February 28, 1995, the Eagle County Board of County Commissioners
(hereinafter "the Board ") did review and approve a Special Use Permit for the Lehmann Gravel Pit,
which required public hearing and approval by the Board of County Commissioners for continuation
of the Special Use past an expiration date established as six years from the date of approval; and
WHEREAS, the Board, at its hearing on February 28, 1995 and as provided in Resolution
95 -28, established review criteria that was to be applied to a request for a renewal or extension of
gravel pit operations on the Lehmann site; and
WHEREAS, on or about February 28, 2001 the County of Eagle, State of Colorado,
accepted for filing an application submitted by Elam Construction, Inc. (hereinafter "Applicant ") for
approval for an extension of Special Use Permit ZS- 48 -94 -A, allowing continued gravel extraction
and processing on the Lehmann Gravel Pit site within the Resource Zone District in the
unincorporated area of Eagle County, described as follows:
SEE:
EXHIBIT A (Legal Description)
and
EXHIBIT B ( Site Plan)
WHEREAS, at its public hearing held June 20, 2001, the Eagle County Planning
Commission, based upon its findings, recommended approval of the proposed extension of Special
Use, with certain conditions; and
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Commissioner moved adoption
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of th following Resolution:
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BOARD OF COUNTY COMMISSIONERS
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COUNTY OF EAGLE, STATE OF COLORADO
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RESOLUTION NO. 2001 -
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APPROVAL OF SPECIAL USE EXTENSION
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LEHMANN GRAVEL PIT
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FILE NO. PR -00017
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WHEREAS, On February 28, 1995, the Eagle County Board of County Commissioners
(hereinafter "the Board ") did review and approve a Special Use Permit for the Lehmann Gravel Pit,
which required public hearing and approval by the Board of County Commissioners for continuation
of the Special Use past an expiration date established as six years from the date of approval; and
WHEREAS, the Board, at its hearing on February 28, 1995 and as provided in Resolution
95 -28, established review criteria that was to be applied to a request for a renewal or extension of
gravel pit operations on the Lehmann site; and
WHEREAS, on or about February 28, 2001 the County of Eagle, State of Colorado,
accepted for filing an application submitted by Elam Construction, Inc. (hereinafter "Applicant ") for
approval for an extension of Special Use Permit ZS- 48 -94 -A, allowing continued gravel extraction
and processing on the Lehmann Gravel Pit site within the Resource Zone District in the
unincorporated area of Eagle County, described as follows:
SEE:
EXHIBIT A (Legal Description)
and
EXHIBIT B ( Site Plan)
WHEREAS, at its public hearing held June 20, 2001, the Eagle County Planning
Commission, based upon its findings, recommended approval of the proposed extension of Special
Use, with certain conditions; and
Page 1 of 5
WHEREAS, based on the evidence, testimony, exhibits, and study of the Master Plan for
the unincorporated areas of Eagle County, comments of the Eagle County Department of
Community Development, the recommendation of the Planning Commission, comments from all
interested parties, and study of compliance with all approval conditions as set forth in Resolution
95 -28, the Board of County Commissioners of the County of Eagle, State of Colorado, fords as
follows:
That no public notification for the Board proceedings conducted on July 24, 2001 was
required, but that the hearing was duly noticed in accordance with the Open Meeting Law.
That, pursuant to provisions of Resolution 95 -28, Approval of the Special Use Permit
for the Lehmann Gravel Pit, the following findings are made:
1. Conformance with Provisions of the Application for Special Use Permit. The
proposed continuation of Special Use DOES NOT, at present, fully conform to all
provisions of the original Special Use Permit.
2. Conformance with Conditions of the Original Special Use Permit. The proposed
continuation of Special Use DOES NOT, at present, conform to all conditions
established by approval of the original Special Use Permit.
3. Justification for Continued Use. The proposed extension of Special Use, as
conditioned IS justified given local demand for the product, and availability of
additional resource within the permit boundary.
That for the above stated and other reasons, the proposed extension of Special Use, as
conditioned, is in the best interest ofthe health, safety, morals, 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 Elam Construction, Inc, File No. PR- 00017, for an extension/
renewal of Special Use Permit ZS- 48 -94 -A for the operation of a gravel pit within the Resource
Zone District described herein, be and is hereby approved, subject to the conditions as set forth
herein.
THAT, the following conditions shall be placed upon this approval and that violation of any
condition shall be the basis for revocation of the Special Use Permit:
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1) That this Special Use Permit shall expire or be subject to renewal one (1) year from the date
of approval by the Board of County Commissioners, and that all conditions will be met
before another extension will be considered.
2) That any subsequent approvals for an Extension of Special Use on this site shall be withheld
pending evidence that the following has been implemented:
a) All ground water exposed on the site has been buried with soil material to a depth of
not less than twelve (12) inches above the seasonal high water mark, or a change in
water rights has been executed with the water court, and a National Pollutant
Discharge Elimination System(NPDES) Permit obtained.
b) Reclamation has occurred to the extent that the area of disturbance within the permit
boundary is no more than fifteen (15) acres and a plan is in place to maintain the
fifteen acre maximum for disturbed area as mining continues.
C) The containment system surrounding the 12,000 gallon diesel fuel tank located next
to the batch plant has been improved to meet applicable State regulations, as
provided in Colorado State AST guidelines for above ground storage tanks. Until
such time that the containment system is expanded, no more than 7,500 gallons of
fuel shall be stored in the tank at any one time.
d) Evidence has been provided that bonding by the State is adequate for reclamation.
e) A clarification of zoning has been provided.
3) That the 0.7 acre area identified on the site plan as the "No Mining Area" in the Spring Creek
drainage shall remain undisturbed with the exception of one haul road which shall utilize the
shortest path possible to cross the site from the east to the west, and that appropriate
environmental protections for the Spring Creek drainage shall be provided.
4) That mining activities on that portion of the permit area located West of Spring Creek shall
progress from the furthest west end of the permit boundary to the east.
5) That no crushing or processing of resource shall be allowed to occur west of the Spring
Creek drainage.
6) That per the Substitute Water Supply Plan, no ground water shall be exposed within the
permit area by any mining activities until such time that the Applicant has provided evidence
that they have obtained a change in water rights with the water court and that they have
received a National Pollutant Discharge Elimination System (NPDES) permit for the
operation.
Page 3 of 5
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MOVED, READ AND ADOPTED by the Board of Coun Commissio s of the County
of Eagle, State of Colorado, at its regular meeting held the day o , 2001,
nunc pro tunc to the 24' day of July, 2001.
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Sara J. Fisher
Clerk to the Board of
County Commissioners
County of Eagle, State of Colorado
By and Through Its BOARD
OF COUNTY COMMISSIONERS
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Commissi seconded adoption of the foregoing Resolution.
The roll having been called, vot w as follows:
Commissioner Tom C. Stone 7.
Commissioner Michael L. Gallagher l
Commissioner Am M. Menconi 1�2�-
This Resolution passed by the Board of County Commissioners of the County of
Eagle, State of Colorado.
Page 5 of 5
Am M. Menconi, Commissioner
A
EXHIBIT A
LEGAL DESCRIPTION
PARCEL "A"
GRAVEL PIT
A parcel of land located. in Tract 61 and 62, in. Section 4, T5S,
R85W, of the 6th P.M.,' Eagle County, Colorado, according to the
Independent Resurvey of said T5S, R85W, as accepted by the U.S..
Surveyor General' s Of f ice in .Denver, Colorado - on June 20, 192 -2 .
All bearings, contained herein being relative to a bearing.of
N00 0 09 1 35 11 E on a line from Angle Point No.4 of Tract 65 (a 1918
2% G.L.O. Brass cap) to Angle Point No.l of said Tract 65 (a
1990.2 %" aluminum monument - LS #20695). Said parcel of land
being more particularly described as follows:
Beginning at said Angle Point No.4 of Tract 65, said Point
being a G.L.O. Brass Cap in place; Thence along the line
between Said Angle Point No.4 and said Angle Point No.l of
Tract 65, N00 °09 11 E, 363.25 feet to the True Point of
Begginning Thence N81 0 50 1 29 11 E, 3616.85 feet; Thence
N01 0 49 1 45 11 E, 466.10 feet; Thence S89 0 22 1 36 11 W, 1519.55 feet;
Thence S00 56 195.09 feet;;- Thence S88 0 17 1 57 "W,.323.38
feet; Thence S72 0 55 1 36 11 W, 418.12 feet; Thence S60 0 10 1 21 11 W,
31.98 feet; Thence N00 0 15 1 24 "E, - 6.92 feet to a point on the
boundary line between parcels of land described in Book 379,
Page 521 and Book 586, Page 638 in the records of Eagle County;
Thence along said boundary line the following twenty (20)
courses:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
15)
16)
17)
18)
19)
20)
S69 09"W,
S52 °08'56 "W,
S58 0 42'24 "W,
S51 0 47'49 "W,
S44 0 01'25 "E,
S48 0 59'-56 11 W,
S75 0 31'07 "W,
N50 0 00'02 "W,
N84 0 17'58 "W,
N59 0 00'55 "W,
S53 0 58'37 "W,
N89 0 55'32 "W,
S61 0 18'31 "W,
S71 0 59'10 "W,
S85 0 24'00 "W,
S62 0 00'33 "W,
S77 0 14'53 "W,
N7 0 18'20 "W,
N88 °24'30 "W,
S74 0 46'50 "W,
said Tract 6
30.71
59.94
59.61
46.53
38.37
40.44
29.74
27.73
30.10
29.54
26.77
25.16
136.2C
166.92
45:27
64.94
288.33
157.44
99.40
92.49
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- feet;
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feet to' a point on the west line of
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LEGAL DESCRIPTION
PARCEL "A"
GRAVEL PIT
PAGE 2
Thence along said west line S00 0 09 1 35 11 W, 270.61 feet to the
Point of Beginning. Containing 36.40 acres more or less.
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13901
Date
Lloyd W. Powers, P.L.S 13901
Eagle - County Engineering Department
P.O. Box 850
Eagle, CO 81631
