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HomeMy WebLinkAboutMinutes 01/10/17 PUBLIC HEARING January 10, 2017 Present: Jeanne McQueeney Chairman Jillian Ryan Commissioner Kathy Chandler-Henry Commissioner Brent McFall County Manager Bryan Treu County Attorney Beth Oliver Deputy County Attorney Kathy Scriver Deputy Clerk to the Board This being a scheduled Public Hearing,the following items were presented to the Board of County Commissioners for their consideration: Swearing in Ceremony for Newly Elected Officials Frederick W. Gannett, Colorado Fifth Judicial District Judge Judge Gannett swore in the newly elected officials: Regina O'Brien,Clerk&Recorder Teak Simonton,Treasurer Kathy Chandler-Henry, Commissioner District 2 Jillian H.Ryan, Commissioner District 1 Commissioner Updates Commissioner Chandler-Henry congratulated Andrew Owen on the arrival of his new baby. She thanked all the snow plow drivers and safety workers. She encouraged everyone to drive safely during the winter and be careful to look out for all the safety personal. Chairman McQueeney stated that there would be a fundraiser to raise awareness for mental health to be held at the Brush Creek Pavilion in Eagle on Saturday. Mental health was in a crisis as there were not enough services across the country, including in Eagle County. Commissioner Ryan congratulated the Solid Waste and Recycling Department for being awarded a grant for nearly$50,000. 1. Regional Study to Optimize Waste Diversion Jesse Masten, Solid Waste and Recycling Mr.Masten stated that the Solid Waste and Recycling Department was awarded a grant for$49,384.20 to conduct a five-county study. The state was trying to create regional studies and partnerships. Consent Agenda 2. Second Amendment to Lease Agreement between Eagle County and Eagle Valley Child Care Association Jan Miller,Facilities Management 3. Encroachment Easement Agreement between Eagle County and Robin Gersten 1 01/10/2017 Julie Pranger, Engineering 4. Agreement between Valley Settlement Project and Eagle County for Early Childhood Development Opportunities and Community-Based Adult Education and Leadership Opportunities Jone Bosworth,Human Services 5. Animal Shelter and Services Intergovernmental Agreement(IGA)with the Town of Avon Nathan Lehnert,Animal Shelter and Services 6. Animal Shelter and Services Intergovernmental Agreement(IGA)with the Town of Gypsum Nathan Lehnert,Animal Shelter and Services 7. Animal Shelter and Services Intergovernmental Agreement(IGA)with the Town of Minturn Nathan Lehnert,Animal Shelter and Services 8. Animal Shelter and Services Intergovernmental Agreement(IGA)with the Town of Red Cliff Nathan Lehnert,Animal Shelter and Services 9. Animal Shelter and Services Intergovernmental Agreement(IGA)with the Town of Vail Nathan Lehnert,Animal Shelter and Services 10. Second Amendment to Agreement between Eagle County and DBT Transportation Services,LLC.For Preventative Maintenance and On-Call Repair Services of Radio,Automated Weather Observing System (AWOS),Back-Up Weather Systems and Navigational Aid Equipment Owned by the Eagle County Regional Airport Andy Solsvig, Airport Commissioner Chandler-Henry moved to approve the Consent Agenda for January 10,2017, as presented. Commissioner Ryan seconded the motion. The vote was declared unanimous. Constituent Input Chairman Jeanne McQueeney opened and closed citizen input, as there was none. Business Items 11. Resolution 2017-001 Adopting the 2017 Annual Appointments Aric Otzelberger,Administration Mr. Otzelberger stated that the resolution was a statutory requirement. The document would be posted online. Commissioner Ryan moved to approve the resolution adopting the 2017 Annual Appointments. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Commissioner Ryan presented a gift to Chairman McQueeney for her leadership during the last year. Commissioner Chandler-Henry thanked Chairman McQueeney for her service. 12. Resolution 2017-002 Adopting the Eagle County 2017 Legislative Policy Statement Aric Otzelberger,Administration 2 01/10/2017 Mr. Otzelberger stated that the purpose of the document was to maintain an effective and responsive system to taking and communicating official positions on legislation that would impact Eagle County. The Policy Statement identified key areas and specific policies under the policy principals and under the issue areas. It also outlined how the county reviews and communicates on house bills. The statement was similar to the 2016 policy with some changes to Early Childhood Education,Public Health, Sustainability and Climate protection,Human Services and Transportation. Commissioner Chandler-Henry noted that the document included Housing as it was still a critical issue. Chairman McQueeney encouraged everyone to view the document online Commissioner Chandler-Henry moved to adopt the Eagle County 2017 Legislative Policy Statement Chairman McQueeney seconded the motion. The vote was declared unanimous. 13. Resolution 2017-003 Concerning Appointments to the Board of Directors of the Golden Eagle Elderly Housing Corporation Jill Klosterman,Housing Director Ms.Klosterman stated that resolution appointed Jeanne McQueeney,John Lewis,Carole Onderdonk, Jennifer Wright, and Jill Klosterman as directors of the board of the Golden Eagle Elderly Housing Corporation. Commissioner Chandler-Henry asked about the number of units at Golden Eagle and Seniors on Broadway. Ms.Klosterman stated that there were 46 units at Golden Eagle and 14 at Seniors on Broadway. Chairman McQueeney moved to approve the resolution concerning appointments to the Board of Directors of the Golden Eagle Elderly Housing Corporation. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 14. In the Matter of the Re-Certification of the Mill Levies for all Districts in the County of Eagle, State of Colorado, for Fiscal Year 2017 John Lewis,Finance Mr. Lewis stated that there was a tax coding error on one property that impacted nine districts. The re- certification corrected the error. Chairman McQueeney moved to approve the re-certification of the Mill Levies for all Districts in County of Eagle, State of Colorado, for fiscal year 2017. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 15. ZS-6354 -Gypsum Ranch Gravel Pit Special Use Permit Bob Narracci,Planning File Number: ZS-6354/Special Use Permit Project Name: Gypsum Ranch Pit Special Use Permit Location: 11151 Highway 6 Owner: Schmidt Ranch Partnership, LLP Applicant: Oldcastle SW Group, Inc. Representative: Jason Burkey/Peter Siegmund Staff Planner: Bob Narracci,AICP Staff Engineer: Taylor Ryan Policy Issue: `Eagle County is Financially Sound', `Eagle County is a Great Place to Live for All', and `Eagle County Promotes a Diverse and Resilient Economy'. 3 01/10/2017 Strategic Plan Objectives: `Leverage County resources through grants, outside funding sources and partnerships', `Create communities with a sense of place',and `Promote business expansion, retention and attraction'. ECPC Recommendation: Unanimous approval with Conditions Staff Recommendation: Approval with Conditions I. EXECUTIVE SUMMARY: Request The Applicant requests approval of a new Special Use Permit for the Gypsum Ranch Pit to accomplish four goals: 1) Expand mining and reclamation activities within the existing Gypsum Ranch Pit to facilitate removal of the final berm along the north and west boundaries of the subject property, This berm is the resulting elevated perimeter of the gravel extraction area that that was created over the course of operating the pit since 1997. The elevated perimeter `berm' was left in-place, and has functioned to retain stormwater runoff within the gravel mining area, and away from the Eagle River. This newly proposed mining area is referred to as Phase 7. Mining of Phase 7 will in limited areas need to occur at 40 feet measured horizontally from the high water mark of the Eagle River. As such, the applicant is requesting a variance from the Board of County Commissioners to allow a 40 foot stream setback where 75 feet is presently required. In 1997 when the Gypsum Ranch Pit was first permitted,the minimum stream setback was 50 feet. 2) Additional mining and reclamation is proposed along the western property line to eliminate an earthen berm that has resulted due to mining operations on both the subject property, and the adjacent property to the west; which was a former gravel pit that is in process of reclamation (the Carol Ann Pit). Removal of the berm will leave both properties in a more developable condition following reclamation of the Gypsum Ranch Pit property. 3) Removal of the Special Use Permit expiration date; the currently active special use permit is set to expire on December 31,2018. 4) Standardization of the facility operation hours. Oldcastle SW Group, Inc. doing business as United Companies (United) acquired the Gypsum Ranch Pit from Lafarge in 2013. In December 2015, United received county approval to progress mining activities into the final approved Phases V and VI of the currently active special use permit and are presently in Phase V, moving into Phase VI in 2017. The current Special Use Permit specifies an expiration date of December 31, 2018 for the Gypsum Ranch Pit. United expects mining and reclamation to be complete in the Gypsum Ranch Pit sometime between 2020 and 2025. This is an estimate based on the production and progress of mining in the pit over the past several years. Due to the fact that gravel extraction can fluctuate widely depending on construction activity, it would be best for United if the special use permit not be limited by a fixed expiration date, and rather allow United to complete mining and reclamation activities in a manner responsive to market forces prior to sun setting the Special Use Permit. United is proposing to expand the mining and reclamation plan to facilitate the landowner's desires for the final post-mining and reclamation condition of the property. It is proposed that the north side of the pit will be mined to daylight out over the valley floor. During operations a short stormwater berm will be maintained to prevent runoff from leaving the mined site. This berm is to be removed as part of the final reclamation. Expanding the mining area to the north in this manner also necessitates an amendment to the Colorado Division of Reclamation, Mining, and Safety permit. United will apply for this amendment following county approval of this special use permit application. The Colorado Division of Parks and Wildlife has reviewed the proposed expanded mining and reclamation plans, and has expressed its support in a letter attached to this staff report. 4 01/10/2017 Bob and Carol Ann Newby, own the property adjacent to the west of the subject property, and are also partners in the group which owns the Gypsum Ranch Pit properties. The Newbys request that United remove an existing berm that presently separates the two sites. The Newby property is the site of a former, gravel pit(the Carol Ann Pit)that is in process of being reclaimed. United proposes to mine the berm separating the Newby property from the Gypsum Ranch Pit property under the approved terms and plans of the approved Gypsum Ranch Pit permit. During mining, a stormwater berm will be left in place and will be between two and six feet tall, in order to ensure that no stormwater discharges from the site. Once mining is completed in the remainder of the site, these stormwater berms will be removed to provide the landowners with the final grade that they desire. Lastly, United is requesting that the hours of operation for the Gypsum Ranch Pit be updated to be consistent with approvals granted for other aggregate mining operations in the county, the most recent of which is the Fairgrounds Gravel Pit Special Use Permit. The extended hours of operation would allow for the pit to operate extended hours for large county, state or federal projects. United proposes the following language to be incorporated into this special use permit: "With prior administrative approval from the Planning Director through the Limited Review process as set forth in the Eagle County Land Use Regulations, the Applicant may be permitted to operate the concrete batch plant, and/or asphalt batch plant for extended hours, including Sundays, for large county, state, or federal projects, not to exceed twenty (20) twenty-four (24) hour periods in any calendar year of operation." This will bring the Gypsum Ranch Pit hours of operation consistent with other aggregate operations approved by Eagle County. Process Overview The purpose of a Special Use Review is as follows: "Special Uses are those uses that are not necessarily compatible with the other uses allowed in a zone district, but which may be determined compatible with the other uses allowed in the zone district based upon individual review of their location, design, configuration, density and intensity of use, and the imposition of appropriate conditions to ensure the compatibility of the use at a particular location with surrounding land uses. All Special Uses shall meet the standards set forth in this Section."-ECLURs p. 5-51 Pursuant to the ECLURs (p. 5-52), the Planning Commission's role during the review of the Special Use Permit is as follows: "After receipt of the Staff Report, the Planning Commission shall conduct a public hearing on an application for a Special Use Permit. At the public hearing, the Planning Commission shall consider the application, the relevant support materials, the Staff Report, and the public testimony given at the public hearing. After the close of the public hearing, the Planning Commission, by a majority vote of the quorum present, shall recommend to the Board of County Commissioners either to approve, approve with conditions, or disapprove the application for a Special Use Permit based on the standards in Section 5-250.B,Standards. (am.05/08/12)" Conformance to Special Use Permit Standards Staff believes the proposal meets, or can meet as conditioned, all applicable standards for a Consolidated Special Use Permit. Therefore, staff is recommending approval, with conditions. The following matrix summarizes staff's suggested special use permit findings. A more detailed discussion regarding standards and suggested conditions of approval follow in Section III - Staff Findings and Recommendation. Standards for MI Special Uses Conformance Discussion 5 01/10/2017 Conformance with the Yes The PLUM Designation is `Community Buffer': Comprehensive Plan: The proposed Per the Plan, "Mining for gravel has historically Special Use shall be in substantial occurred on lands with a Community Buffer conformance with the Eagle County designation, and several pits are in operation today. Comprehensive Plan, Area Gravel extraction requires approval of a Special Use Community Plans and any applicable Permit by the Board of County Commissioners. ancillary County adopted documents Operations should be screened from public view, and pertaining to natural resource should be closely monitored to assure compliance protection, affordable housing, or with applicable State and County standards, as well infrastructure management. as any conditions of approval. Upon termination of mining, affected lands should be restored to natural contours; top soiled and revegetated to natural rangeland conditions." Compatibility: The Special Use is Yes The mining operation is adjacent to the Eagle River; generally compatible with the however, there is no indication that the Eagle River existing and currently permissible has been compromised by mining activities on the future uses of adjacent land and subject property since 1999. other substantially impacted lands, services, or infrastructure The Landscape Nursery provides a buffer at the east improvements. terminus end of the mined area. To the west and south of the pit are areas within the Town of Gypsum ranging from residential (Stratton Flats), undeveloped land (the reclaimed Carol Anne Pit)and industrial uses. Zone District Standards: The Yes, as Standards Specific to Aggregate proposed Special Use shall comply conditioned Extraction/Processing Operations: with the standards of the zone district in which it is located and any 1. Environmental Impact Report: The standards applicable to the environmental impact report included in the particular use, as identified in original approval remains valid, and is Section 3-310, Review Standards applicable to the proposed expanded mining Applicable to Particular Residential, and reclamation activities. Agricultural and Resource Uses; and Section 3-330, Review Standards 2. Compliance with all applicable laws and Applicable to Particular Commercial regulations of the county, state and federal and Industrial Uses. governments, and shall not adversely affect surface runoff, streamflow, or groundwater: As part of the original approval, and each subsequent special use permit approval for the Gypsum Gravel Pit, the Department of Environmental Health has required several actions to ensure compliance with the 1997 approval as well as recommendations to refine the original special use permit by incorporating additional measures which have mitigated impacts upon the surrounding vicinity of the County given new growth in the Gypsum vicinity that did not exist in 1997. Provisions required by the Environmental Health Department for operation of the Gypsum Gravel Pit shall be 6 01/10/2017 carried forward with this new Special Use Permit. A condition of approval has been suggested in this regard. In the attached correspondence dated October 5, 2016 and May 3, 2016, CPW offered the follawing comments: "This is a letter of explanation and support for the extraction of gravel from Phase 7 of the Old Castle gravel mining plan in the former LaFarge pit east of Gypsum on the Eagle River." 3. Site Plan and Landscape Plan: The applicant has submitted necessary documents. The additional extraction and reclamation areas are not to be landscaped and revegetated until the reclamation plan is implemented. 4. Fabrication, Service and Repair: All fabrication, service and repair activities associated with the use shall be conducted within a building (except for incidental repair activities), unless the applicant demonstrates that it is not practical to do so and ensures that all impacts from outside • activities are mitigated. United will comply with this standard. 5. Storage All storage of materials associated with the operation shall occur within a building, or shall be obscured by an opaque fence. United will comply with this standard. Through the review of this new Special Use Permit, it has been determined that the aggregate mining activities in Phase 7 will occur within 75 feet of the Eagle River, and a stream setback variance has been requested. Further,portions of Phase 2 and Phase 4, are likewise within 75 feet of the high water mark of the Eagle River. In order to memorialize the reduced stream setbacks, as originally approved, and as proposed for Phase 7, United is requesting that the Board of County Commissioners grant a variance as part of this special use permit to allow aggregate extraction activities to occur 40 feet from the high water mark of the Eagle River where 75 feet is required. Design Minimizes Adverse Impact: Yes As part of the original approval, and each subsequent The design of the proposed Special special use permit approval for the Gypsum Gravel Use shall reasonably avoid Pit, the Department of Environmental Health has adverse impacts, including visual required several actions to ensure that the use impacts of the proposed use on reasonably avoids adverse impacts, including visual adjacent lands including trash, impacts of the proposed use on adjacent lands traffic, service delivery, parking and including trash, traffic, service delivery,parking and 7 01/10/2017 loading, odors, noise, glare, and loading, odors, noise, glare and vibration, or vibration, or otherwise create a otherwise create a nuisance. With each subsequent nuisance. Special Use Permit approval for this gravel pit since 1997, Environmental Health has refined the original special use permit by incorporating additional measures which have mitigated impacts upon the surrounding vicinity of the County given new growth in the Gypsum vicinity that did not exist in 1997. Provisions required by the Environmental Health Department for operation of the Gypsum Gravel Pit shall be carried forward with this new Special Use Permit. A condition of approval has been suggested in this regard. Design Minimizes Environmental Yes As part of the original approval, and each subsequent Impact: The proposed Special Use special use permit approval for the Gypsum Gravel shall minimize environmental Pit, the Department of Environmental Health has impacts and shall not cause required several actions to ensure that the use significant deterioration of water and minimizes environmental impacts and shall not cause air resources, wildlife habitat, scenic significant deterioration of water and air resources, resources, and other natural wildlife habitat, scenic resources, and other natural resources. resources. With each subsequent Special Use Permit approval for this gravel pit since 1997, Environmental Health has refined the original special use permit by incorporating additional measures which have mitigated impacts upon the surrounding vicinity of the County given new growth in the Gypsum vicinity that did not exist in 1997. Provisions required by the Environmental Health Department for operation of the Gypsum Gravel Pit shall be carried forward with this new Special Use Permit. A condition of approval has been suggested in this regard. Impact on Public Facilities: The Yes The subject property and existing Gypsum Gravel Pit proposed Special Use shall be are served and will continue to be served by all adequately served by public facilities necessary public facilities and services. and services, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police and fire protection, and emergency medical services. Site Development Standards: The Yes All applicable Site Development Standards have been proposed Special Use shall comply satisfied by the existing Gypsum Gravel Pit with the appropriate standards in operations, and will continue to do so through Article 4, Site Development completion of mining and reclamation of the site. Standards. Other Provisions: The proposed Not Applicable Special Use shall comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. 8 01/10/2017 II. BACKGROUND: Proposal Overview August 18, 1997: 10 year Special Use Permit approved by Board of County Commissioners (File No. ZS- 00003). March 15, 1999: Phase I Permit to Proceed approved by Board of County Commissioners. May 8,2001: Phase II Permit to Proceed approved by Board of County Commissioners. March 14,2006: Phase III Permit to Proceed approved by Board of County Commissioners. August 19,2008: Additional 10 year Special Use Permit approved by Board of County Commissioners (File No. ZS-00173) August 11,2009: Phase IV Permit to Proceed approved by Board of County Commissioners August 30,2011: Phase V Permit to Proceed approved by Board of County Commissioners January 5,2016: Phase VI Permit to Proceed approved by Board of County Commissioners (this is the final approved phase of mining) July 14,2016: Applicant initiates this Special Use Permit application. As set forth above, the mining operations have been reviewed for conformance with the original 1997 approval six times over the previous 19 years; each time the project passed inspection without remediation required. This special use permit application represents the close-out plan for the Gypsum Gravel Pit. The applicant estimates that mining activity and all reclamation will be completed sometime between 2020 and 2025. United is requesting that this special use permit not be limited with an expiration date to allow the aggregate operation to continue through reclamation, without the need for another special use permit to extend the life of the gravel pit. United's goal is for the pit to be closed out no later than 2025; however, if demand wanes, it may not be practicable to complete all mining and reclamation before end of year 2025. On August 18, 1997 Eagle County approved a 10-year Special Use Permit for the Gypsum Ranch Sand & Gravel Pit. The lifespan of the pit has always been anticipated and represented to support 20-years of mining operation. The mining operation was designed to occur in six phases over the 20-year life of the pit. Prior to proceeding from phase to phase, the applicant has had to demonstrate to Eagle County that the mining operation has been adhering to the reclamation, erosion control and revegetation plans approved in 1997. The mining phases commenced on the west end of the subject property and proceeded toward the east. Phase I, located at the west end of the property, totaled approximately 25 acres and currently contains all operational equipment and support facilities. Phase II of the project consisted of approximately 18 acres of land adjacent to the east of Phase I. Phase III consisted of approximately 19 acres and is contiguous to Phase II. Phase IV consisted of approximately 18 acres and is contiguous to Phase III. Phase V consists of 16 acres and is contiguous to Phase IV. Phase VI is approximately 24 acres and is contiguous to Phase V. All six phases together cover 120-acres and produce 3,900,000+cubic yards of material. As the mining operations progressed towards the east, permanent (for the lifespan of the pit) operational facilities will remain on the Phase I site including: Offices, scales, a Redi-mix concrete plant, an asphalt plant, parking, maintenance areas, equipment storage and fuel storage. The crusher machinery and wash plant have moved eastward with each phase so as to remain in close proximity to new resource as it is exposed. Overburden materials have been stockpiled on future phase sites and were used to create screening berms surrounding active operations areas. Stockpiled overburden is then relocated, as needed, to accommodate reclamation activities, which will be concurrent with the progression from phase to phase. As detailed in the Phasing Reclamation and Operations Plan, the operator is required to begin restoration and reclamation of the non-operating portions of previous phases within one year of the approval of a new phase. 9 01/10/2017 Excavation of the pit occurred in such a manner as to leave a significant head wall, 20-30 feet tall on all sides of the pit. This, in combination with the perimeter berming, has resulted in mining and processing activities that are, for the most part, below grade and out of public view. Given the height of the head walls and the large volume of excavation, storm water is completely contained within the pit which serves to protect the adjacent Eagle River. United's goal is to remove the head wall/berm along the north and west sides of the gravel pit, as described above in the Executive Summary. The total cubic yardage of additional aggregate anticipated from the expanded mining areas is 200,000 cubic yards. The demand for gravel product remains strong. This limited resource is located only in certain areas of the County and the subject property generates quality material in a central location. All required facilities are currently in place. Including: accel/decel lanes on U.S. Hwy 6; a concrete batch plant; area for installation of an asphalt batch plant; truck washing area; equipment maintenance facility; a truck scale; office space for administration of the mine;restrooms for the workers; and irrigation ditches. All conditions of the regulations and the 1997 Special Use Permit have been met or will be further refined via this application. III. STAFF FINDINGS AND RECOMMENDATION: Staff is recommending approval of this application,with conditions. Staff believes the proposal, as conditioned meets all applicable standards for a Special Use Permit, as well as those standards specific to gravel extraction. • Special Use Standards Specifically, the following excerpts from Section 5-250 B — Standards, ECLURs provide direction regarding the intent and necessary findings for the approval of any Special Use Review, as well as the specific standards for Accessory Dwelling Units: 1. Consistent with Comprehensive Plan. The proposed Special Use shall be in substantial conformance with the Eagle County Comprehensive Plan, Area Community Plans and any applicable ancillary County adopted documents pertaining to natural resource protection, affordable housing, or infrastructure management. Staff Response: The FLUM Designation is `Community Buffer': Per the Plan,"These are lands,both public and private,that are located between existing towns and community centers which provide undeveloped visual breaks along the County's main development corridors. Residential densities within the Community Buffer designation are limited to one primary residence and one accessory dwelling unit per 35 acres, although clusters of smaller previously approved residential lots exist. Agricultural lands and lands of significant visual,cultural or environmental quality should be protected. Additional residential development of densities greater than one(1)unit per 35 acres,if approved, should be clustered,with homes positioned in a manner consistent with the intent and purpose of this land use designation and the written policies of this Comprehensive Plan. Commercial or retail uses are not associated with the community buffer designation, as ample community services should be available in nearby communities. Lands with this designation encompass significant sections of the County's major rivers and associated riparian environments. The preservation of wildlife habitat should be given a high priority on lands designated as Community Buffer. Obtaining public access to streams and rivers is an appropriate endeavor, so long as sensitive lands and ecosystems are protected. Recreational uses should otherwise be limited to those of a dispersed, low impact nature. 10 01/10/2017 "Mining for gravel has historically occurred on lands with a Community Buffer designation,and several pits are in operation today. Gravel extraction requires approval of a Special Use Permit by the Board of County Commissioners. Operations should be screened from public view, and should be closely monitored to assure compliance with applicable State and County standards, as well as any conditions of approval. Upon termination of mining, affected lands should be restored to natural contours;top soiled and revegetated to natural rangeland conditions." 2. Compatibility. The Special Use is generally compatible with the existing and currently permissible future uses of adjacent land and other substantially impacted land, services, or infrastructure improvements. Staff Response: The mining operation is adjacent to the Eagle River; however,there is no indication that the Eagle River has been compromised by mining activities on the site to date. The Landscape Nursery provides a buffer at the east terminus end of the area to be mined. To the west and south of the pit are areas within the Town of Gypsum ranging from yet to be constructed residential as well as industrial uses. 3. Zone District Standards. The proposed Special Use shall comply with the standards of the zone district in which it is located and any standards applicable to the particular use, as identified in Section 3-310, Review Standards Applicable to Particular Residential, Agricultural and Resource Uses and Section 3-330, Review Standards Applicable to Particular Commercial and Industrial Uses. Staff Response: P. Exploration,Extraction and Processing Operations. 1. Environmental Impact Report. An applicant proposing an exploration, extraction, or processing operation shall submit an Environmental Impact Report. The Report shall be prepared in accordance with Section 4-460, Environmental Impact Report, of these Regulations, by technically qualified professional experts. Included in the Report shall be a depiction of the location, scope and design of the proposed use, and an explanation of its operational characteristics and impacts. The requirement to submit said Report may be waived by the Planning Commission. The environmental impact report included in the original approval remains valid. 2. Compliance. Proof shall also be submitted that the proposed use shall be designed and operated in compliance with all applicable laws and regulations of the county, state and federal governments and shall not adversely affect: a. Water. Existing lawful use of water, through depletion or pollution of surface runoff, streamflow or groundwater; b. Adjacent Land Uses. Adjacent land uses,through generation of vapor,dust, smoke, noise, glare,vibration, or other emanations; or c. Wildlife. Wildlife and domestic animals, through creation of hazardous attractions to wildlife, impacts on wildlife habitat, or patterns, or other means. 11 01/10/2017 The Department of Environmental Health has applied conditions of approval to the Gypsum Ranch Gravel Pit since its original Special Use Permit approval in 1997. Each time the Special Use Permit has been renewed, Environmental Health provided additional recommended actions, based on experience, to ensure compliance with the 1997 approval as well as recommendations to refine the original special use permit. This was accomplished by incorporating additional measures which mitigate impacts upon the surrounding vicinity of the County given new growth in the Gypsum vicinity that did not exist in 1997. All provisions set forth by the Environmental Health Department throughout the life of the Gypsum Ranch Gravel Pit shall be carried forward with this new Special Use Permit as conditions of approval. The attached letters from Colorado Parks and Wildlife indicate support for the proposal to expand mining and reclamation activities as set forth in the application. CPW anticipates that day lighting of the pit with the associated stormwater control measures that are planned would result in minimal disturbance to habitat or wildlife". Further, "Assuming the applicant avoids wetland and riparian habitats to the greatest extent possible and adheres to the Army Corps of Engineers requirements, CPW does not anticipate any adverse impacts to local wildlife or their habitats". 3. Site Plan. On parcels of land greater than one (1) acre, a detailed site plan shall be submitted, including landscaping sufficient to meet the standards found in Section 4-230, Landscaping Design Standards and Materials. Security may be required to guarantee landscaping, drainage, and erosion control, if deemed necessary by the Board of County Commissioners, and as specified in Section 4-240, Installation and Maintenance Requirements. The applicant has submitted necessary documents. 4. Fabrication, Service and Repair. All fabrication, service and repair activities associated with the use shall be conducted within a building (except for incidental repair activities), unless the applicant demonstrates that it is not practical to do so and ensures that all impacts from outside activities are mitigated. 5. Storage. All storage of materials associated with the operation shall occur within a building, or shall be obscured by an opaque fence. Through the review of this new Special Use Permit, it has been determined that the aggregate mining activities in Phase 7 will occur within 75 feet of the Eagle River, and a stream setback variance has been requested. Further, portions of Phase 2 and Phase 4, are likewise within 75 feet of the high water mark of the Eagle River. In order to memorialize the reduced stream setbacks, and as proposed for Phase 7, United is requesting that the Board of County Commissioners grant a variance as part of this special use permit to allow aggregate extraction activities to occur 40 feet from the high water mark of the Eagle River where 75 feet is required. It is important to note that the vertical separation of the stream to the 40 foot limit of disturbance is between 20 feet to 30 feet higher in elevation. 4. Design Minimizes Adverse Impact. The design of the proposed Special Use shall reasonably avoid adverse impacts, including visual impacts of the proposed use on adjacent lands including trash, traffic, service delivery,parking and loading, odors, noise, glare, and vibration, or otherwise create a nuisance. 12 01/10/2017 Staff Response: The Department of Environmental Health has applied conditions of approval to the Gypsum Ranch Gravel Pit since its original Special Use Permit approval in 1997. Each time the Special Use Permit has been renewed, Environmental Health provided additional recommended actions, based on experience, to ensure compliance with the 1997 approval as well as recommendations to refine the original special use permit. This was accomplished by incorporating additional measures which mitigate impacts upon the surrounding vicinity of the County given new growth in the Gypsum vicinity that did not exist in 1997. All provisions set forth by the Environmental Health Department throughout the life of the Gypsum Ranch Gravel Pit shall be carried forward with this new Special Use Permit as conditions of approval. 5. Design Minimizes Environmental Impact. The proposed Special Use shall minimize environmental impacts and shall not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. Staff Response: The Department of Environmental Health has applied conditions of approval to the Gypsum Ranch Gravel Pit since its original Special Use Permit approval in 1997. Each time the Special Use Permit has been renewed, Environmental Health provided additional recommended actions, based on experience, to ensure compliance with the 1997 approval as well as recommendations to refine the original special use permit. This was accomplished by incorporating additional measures which mitigate impacts upon the surrounding vicinity of the County given new growth in the Gypsum vicinity that did not exist in 1997. All provisions set forth by the Environmental Health Department throughout the life of the Gypsum Ranch Gravel Pit shall be carried forward with this new Special Use Permit as conditions of approval. Staff believes the proposal substantially meets this standard. 6. Impact on Public Facilities. The proposed Special Use shall be adequately served by public facilities and services, including roads, pedestrian paths,potable water and wastewater facilities, parks, schools,police and fire protection, and emergency medical services. Staff Response: Staff believes the proposal meets this standard. 7. Site Development Standards. The proposed Special Use shall comply with the appropriate standards in Article 4, Site Development Standards. Staff Response: In response to the Engineering and Environmental Health Departments' referral comments, it has been determined that the aggregate mining activities in Phase 7 will occur within 75 feet of the Eagle River, and a stream setback variance has been requested accordingly. Further, portions of Phase 2 and Phase 4, are likewise within 75 feet of the high water mark of the Eagle River. In order to memorialize the reduced stream setbacks, as have resulted since 1999, and as proposed for Phase 7, United is requesting that the Board of County Commissioners grant a variance as part of this special use permit to allow aggregate extraction activities to occur no closer than 40 feet from the high water mark of the Eagle River where 75 feet is required. The vertical separation between the river and the 40 foot extent of mining activity from the high water mark is between 20 feet to 30 feet higher in elevation. The Colorado Department of Transportation did not provide comment regarding this proposed special use permit. With prior special use permit approvals, CDOT responded with"no comments" because the current access permit is still valid. 8. Other Provisions. The proposed Special Use shall comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. 13 01/10/2017 Staff Response: Staff believes the proposal meets this standard; no"other"provisions have been identified. V. SITE DATA: Surrounding Land Uses/Zoning: All lots within Pleasant Valley Ranch Subdivision as well as surrounding lands within Eagle County are zoned Resource. Land Use Zoning North: Colorado Parks and Wildlife Resource Interstate-70 Right-of-Way Resource Gypsum Ponds Stratton Flats Vacant South: Town of Gypsum Residential Town of Gypsum commercial South Town of Gypsum Eagle County Airport Unincorporated Storage Industrial Yard East: Town of Gypsum Residential/Nursery West: Reclaimed Gravel Pit Resource Existing Zoning: Resource Proposed Zoning: Resource Current Development: Aggregate Mining and Processing Since 1999 Site Conditions: Active aggregate mine. 210.60-acres. Total Land Area: Acres: PPX area Square feet: NA _ acres Total Open Space: N/A Water: Public: N/A Private: NA Sewer: Public: N/A Private: NA Access: Via Highway 6 VI. REFERRAL RESPONSES: This application was referred to the following internal and external agencies for review and comment: • Eagle County Airport • Eagle County Animal Services • Eagle County Assessor's Office • Eagle County Attorney's Office • Eco Trails • Eagle County Engineering Department • Eagle County Department of Environmental Health • Eagle County Housing Department • Eagle County Road and Bridge Department • Eagle County Sheriff's Office • Noxious Weed Program Manager • Eagle River Watershed Council • CDOT Local Residency • CDOT Grand Junction Offices • Colorado Division of Minerals and Geology • Colorado Parks and Wildlife • Natural Resource Conservation Service • US Army Corps of Engineers • Gypsum FPD 14 01/10/2017 • Ambulance District • Holy Cross Electric • Union Pacific Railroad • NWCCOG • Stratten Flats HOA • Town of Gypsum • Town of Eagle As of this writing,the following responses have been received: Gypsum Fire Protection District: In the attached email dated September 39, 2016, Chief Kirkland indicated that the District has no comments. Colorado Parks and Wildlife: In the attached correspondence dated October 5, 2016 and May 3, 2016, CPW offered the following comments: "This is a letter of explanation and support for the extraction of gravel from Phase 7 of the Old Castle gravel mining plan in the former LaFarge pit east of Gypsum on the Eagle River. Old Castle and the property owner have taken a progressive, at your behest, approach and has asked the CPW to meet on site, preview the property and make recommendations on the removal of the existing berm between the current excavated pit and the Eagle River valley floor. This involvement at an early stage of the planning allows potential impacts to be avoided or mitigated. The removal of the existing berm to an elevation varying between 20 to 30 feet off the current existing pasture area or floodplain,while removing some older vegetation, will have minimal impacts on the wildlife resource utilizing the area. Much of the removal will involve standing dead trees which were not observed to be in use for nesting, roosting or perching on any of the site visits. Other standing dead and living trees will be untouched and will offer wildlife these opportunities. The day lighting of the pit with the associated stormwater control measures that are planned should result in minimal disturbance to habitat or wildlife". Further, "Assuming the applicant avoids wetland and riparian habitats to the greatest extent possible and adheres to the Army Corps of Engineers requirements, CPW does not anticipate any adverse impacts to local wildlife or their habitats". Northwest Colorado Council of Governments: In the attached email dated October 17, 2016,NWCCOG indicated `no comment', other than recommending that the county include a condition of approval that the Division of Reclamation, Mining and Safety reclamation plan be implemented per the State's specifications. This will provide the County with an independently enforceable condition for reclamation in case DRMS does not perform. Environmental Health Department: In the attached email dated October 20, 2016, two comments were provided: 1) With the additional phases of mining and reclamation proposed, please provide operation details to recognize compliance with performance standards moving forward from the original special use approval for ZS-0003 as it pertains to updated environmental protection plans, addressing but not limited to dust suppression, erosion control and stormwater management, spill prevention and countermeasures control (which addresses hazardous materials issues), and lighting; 2) Also, according to the most recent plans provided, it appears that operations encroach within the required 75-foot stream setback. Please demonstrate if these limits of disturbance were in place prior to the county's adoption of the 75 foot stream setback. Engineering Department: In the attached email dated October 20, 2016, the Engineering Department indicated that, "The comments provided by Adam (Environmental Health Department) also address Engineering's concerns, namely the encroachment into the stream setback. We would like to understand if the limit of disturbance is moving closer to the Eagle River with the new Phase 7. In a couple of locations on the plans provided,the limit of disturbance is within 75 feet of the river and within 40 feet of the river at the closest." EcoTrails: In the attached email dated October 21, 2016 from Ellie Caryl, no comment has been offered, as it is not timely to construct a regional trail through an active gravel pit. 15 01/10/2017 US Army Corps of Engineers: In the attached email dated November 3, 2016, the following comments were provided, "The Corps of Engineers'jurisdiction within the study area is under the authority of Section 404 of the Clean Water Act for the discharge of dredged or fill material into the waters of the United States. Waters of the United States include, but are not limited to, rivers, perennial or intermittent streams, lakes, ponds, wetlands, vernal pools, marshes, wet meadows, and seeps. Project features that result in the discharge of dredged or fill material into waters of the United States will require Department of the Army authorization prior to starting work. If project features would result in the discharge of dredged or fill material into waters of the United States, the applicant should prepare a wetland delineation, in accordance with the `Minimum Standards for Acceptance of Preliminary Wetlands Delineations' and `Final Map and Drawing Standards for the South Pacific Division Regulatory Program' under `Jurisdiction' on our website at the address below, and submit it to this office for verification. A list of consultants that prepare wetland delineations and permit application documents is also available on our website at the same location. The range of alternatives considered for this project should include alternatives that avoid impacts to wetlands or other waters of the United States. Every effort should be made to avoid project features which require the discharge of dredged or fill material into waters of the United States. In the event it can be clearly demonstrated there are no practicable alternative to filling waters of the United States, mitigation plans should be developed to compensate for the unavoidable losses resulting from project implementation". Town of Gypsum: In the attached email dated November 4, 2016, the Town indicated that they do not have any comments on this application. The Town did anticipate this application coming forward. Eagle River Watershed Council: In the attached letter dated December 2, 2016, the ERWC offered the following observations and recommendations: "We have reviewed the SUP Modification Application and associated documents and offer the following comments, which are limited to the categories of water quality protection and aquatic- dependent wildlife concerns: Impacts to riparian zones and aquatic habitat We share the concerns of Adam Palmer and Taylor Ryan with Eagle County regarding activities during Phases 2 and 7 in the vicinity of Cross Section B. Based on the cross section figures on Page 7 of the Maps packet, the Phase 2 and 7 boundary appears to be within 40 feet of the 100 year floodplain and 50 feet of the ordinary stream elevation. Although sparsely vegetated and sometime cliff-laden hillside in this area it is unlikely to be jurisdictionally considered in any wetland or riparian zone, the linear distance and limited vegetation present nonetheless provide important runoff buffering and bank stability functions to the river. In addition, the river habitat immediately below this terrace slope is characterized by an abandoned meander/oxbow and springs discharge, creating a zone of important and sensitive riverine habitat for aquatic species. Groundwater inputs to streams provide mediation to water temperature extremes - cooling stream temperatures during critical low flow summer periods, and warming temperatures during harsh winter periods. Both of these functions create important seasonal thermal refugia for aquatic species including wild and native trout. Shallow backwater habitats such as the abandoned meander immediately below the terrace and cross section B also serve as vital habitat during early life stages of fish for resting, feeding, and avoidance of predation. ERWC recognizes that although the SUP Modification likely attains the letter of the law in terms of County-required stream protection and setbacks, that additional voluntary precautions could be offered by United or made in the SUP approval by Eagle County to ensure the avoidance of fine sediment-laden runoff in this zone, and to either maintain or improve site buffering capacity 16 01/10/2017 supplied by what little existing vegetation and natural slope form currently exist on the terrace slope. This area constitutes approximately 500-600 linear feet of the berm referenced for Phase 7. As an example of options for enhanced site runoff mitigation or improved buffering capacity in this narrow zone, a small amount of subtly contoured berm could remain (i.e.: incomplete resource recovery during berm removal), or subtle final site contouring away from the terrace rim in this zone could prevent focused runoff to the river prior to full site revegetation. Impacts to wildlife According to CPW Species Activity Map spatial datasets, the 1.5 mile reach of the Eagle River north of and adjacent to the site is utilized for the following wildlife activities: • River Otter Overall Range • River Otter Winter Range • Bald Eagle Nesting(Active) • Bald Eagle Roosting(Active) • Bald Eagle Summer Forage • Bald Eagle Winter Range • Osprey Nest Sites (Active) • Great Blue Heron Foraging Area • Mule Deer Winter Range • Mule Deer Severe Winter Range United has submitted that modifications requested in the new SUP are within the scope and intent of the original and ongoing plans for the mining operation. ERWC largely agrees with this, with some minor caveats. Information contained in the original 1997 Environmental Impact Report (EIR) prepared by Western Ecological Resource acknowledged ungulate impacts but identified raptor impacts a more significant result of mining operations. The EIR stated at the time "there are no known high use or preferred areas, and no known bald eagle nests or communal roosts in the vicinity of Schmidt Ranch". In the intervening time period this description has become factually incorrect and the area is no home to several active nesting Eagle pairs, which are regularly observed from 1-70 across from the site during the year. ERWC recognizes that clearly these species have come to reside in the area with a large degree of habituation to existing operations. We also recognize that CPW has already provided positive support for the SUP modification and expressed a finding of no significant wildlife impacts. However, United has portrayed the requested changes essentially as a continuance of existing operations, ERWC finds that the request for extended hours of operation actually represents a de facto expansion of operational activities creating new impacts beyond the existing daily and seasonal time footprint of operations. Seasonal and daily extensions to operational hours may or may not negatively impact aquatic-dependent wildlife such as bald eagles to a greater level than current operations, and this should be recognized during the County's consideration of the SUP modifications. To that end, it may be helpful if CPW could provide additional information on whether or not the extended seasonal and daily operating hours are likely to impact these wildlife types." Per the Eagle County Land Use Regulations,the Colorado Parks and Wildlife is the County's expert review agency for all matters pertaining to wildlife and wildlife habitat. CPW does not lightly comment on land use proposals that have the potential to compromise either wildlife or its habitats; in this instance, CPW does indeed support this proposed Special Use Permit application based upon on-site inspection with the applicant. As such, CPW's comments regarding wildlife are the comments upon which staff has to rely. The referenced 50 foot separation of mining activities to the high water mark of the Eagle River is in keeping with the minimum setback requirement in place at the time when the Gypsum Ranch Pit was approved in 1997. The county does not require additional setback from the outer edge of the 100 year floodplain boundary. Development activities may occur up to the outer edge of the 100 year floodplain, as long as that outer edge is still at least 50 feet from the high water mark of the river. In this instance, 17 01/10/2017 however; United is requesting a variance to both memorialize a reduced stream setback for portions of the already mined areas(formerly mined by LaFarge), as well as, for Phase 7, as proposed. The stream setback reduction request is 40 feet from the high water mark of the Eagle River where 75 feet is required. Regarding the requested extended hours of operation, the county has approved and implemented the same language on other gravel pit operations throughout the county expressly for the purpose of allowing aggregate processing to occur during evenings and weekends in support large county, state or federal projects. In the last several years, CDOT strongly prefers performing road maintenance/paving operations during evening and nighttime hours, when the aggregate processing facilities are closed. Thus far, this provision has been implemented only once by Oldcastle during nighttime road improvements to Eby Creek Road in the Town of Eagle,and did not cause a nuisance. VII. PLANNING COMMISSION RECOMMENDATION: Section 5-250, E— Conditions and Restrictions on a Special Use Permit is pertinent to any consideration of conditional approval,wherein: "The Planning Commission may recommend and the Board of County Commissioners may, in approving any Special Use Permit, impose such restrictions and conditions on such approval, the proposed use, and the premises to be developed or used pursuant to such approval, as it determines are required by the general purposes, goals, objectives, and policies of the Comprehensive Plan, the FL UM of the Comprehensive Plan, and these Land Use Regulations, to prevent or minimize adverse effects from the proposed development on surrounding land uses and on the general health, safety, and welfare of the County. The County shall be authorized to set limits on the length of any Final or Consolidated Special Use Permit that it issues and to obtain assurances that the ongoing operation of the use will comply with all of the applicant's representations and all conditions of approval, including, but not limited to, requiring an annual compliance review. All conditions imposed in any Special Use Permit, with the exception of conditions made applicable to such approval by the express terms of these Land Use Regulations, shall be expressly set forth in the Special Use Permit." On Wednesday December 21, 2016, the Eagle County Planning Commission heard this special use permit application and unanimously recommended approval. The following comments and additional suggested condition of approval were provided: Commissioner Warner: Is there a future date United would be comfortable with to expire this special use permit? Possibly 2030 would afford enough time for United to complete mining operations? The applicant agreed that mining activity might be complete by end of year 2030, and that the reclamation stage could take an additional two years; end of year 2032. Commissioner Brock: Through the hearing, focused on the proximity of proposed Phase 7 mining activities relative to the oxbow in the Eagle River, which is the pinch point between mining activities and the river; thereby necessitating the requested 40 foot variance. Commissioner Warner: Is more comfortable with a 2030 expiration of mining activities in the Gypsum Ranch Pit, with an additional two year allowance, until end of year 2032, to complete site reclamation. Commissioners Brock and Warner: Regarding the requested reduced stream setback, they understand the purpose and intent of the 75 foot stream setback specified by the ECLUR's; however,understanding that the vertical separation between the high water mark of the Eagle River and the northernmost extent of proposed mining activities is still a minimum of 20 to 30 feet above the level of the Eagle River is the key. This is also well outside of the 100 year floodplain. 18 01/10/2017 They did discuss the possibility of a major flood event, greater than the 100 year flood event, and it was determined that if the water ever breaches a 30 foot height above the level of the Eagle River, then we will all have much greater issues to deal with than sediment from the mine entering the Eagle River. DISCUSSION: Commissioner Ryan disclosed her relationship with Taylor Ryan,the staff engineer. Bob Narracci presented the request.The applicant wished to expand mining and reclamation activities within the existing Gypsum Ranch Pit. Additional mining and reclamation was proposed along the western property line to eliminate an earthen berm that has resulted due to mining operations. The applicant requested that the Special Use Permit expiration date be removed as well as standardization of the facility operation hours.He presented some background on the mining operations. The operations had been reviewed for conformance six times over the previous 19 years and passed inspection without remediation required.The applicant was proposing to expand the mining and reclamation plan to facilitate the landowners' desires for final post-mining and reclamation condition of the property. During operations a short stormwater berm would be maintained to prevent runoff and be removed as part of the fmal reclamation. The Colorado Division of Parks and Wildlife had reviewed the proposed expanded mining and reclamation plans and had expressed support in a letter included in the staff report. The adjacent property owners west of the property were also partners in the group which owned the pit properties. The current permit expiration date was December 31,2018. Mr.Narracci showed photos of the property and reviewed the referral responses and special use permit standards. The Eagle County Planning Commission heard the application and unanimously recommended approval with conditions. Ben Langenfeld,P.E.with Oldcastle Group explained the key points of the changes in the application. If approved,Phase 7 would remove the berm material that currently existed, change the hours of operation, and remove the expiration date. There would not be an increase in production or an increase in operations,just an addition of more ground material that would be processed. In order to remove the berm in a reasonable manner, along the north they would need to get within 40 feet of the high water mark of the Eagle River. The Eagle Watershed Council commented about the set back and the risks. The hours of operation would facilitate public works operations. Chairman McQueeney wondered about the typical timeline for mining operations. Mr.Narracci stated that he'd seen gravel pits range from 10—20 years or better. He believed that what was proposed by the Planning Commissioner was reasonable which was 2030-32,thus allowing time for reclamation. Commissioner Chandler-Henry wondered if the additional time was needed because there was more material than expected. Jason Burkey with Oldcastle Materials stated that the market had changed significantly. They were anticipating a steady growth. Chairman McQueeney asked if the concerns from the Watershed Council had been met. Mr.Narracci stated that it came down to the vertical separation from the river. If there was a 100 year flood,there may be issues. Mr. Langenfeld stated that the stormwater berm addressed the issue,keeping any potential water impacts in the pit. Commissioner Chandler-Henry asked if the reclamation included weed control and reseeding and who would be monitoring the reclamation of the pit. Mr. Burkey stated that Eagle County and the Division of Mining and Safety would be involved in oversight. Commissioner Chandler-Henry asked about the administrative review for extended hours and whether it was a per incident review. Mr.Narracci stated that the applicant would request specific dates for extended hours. Commissioner Ryan opened and closed public con ine t, Mr.Narracci reviewed the standards of approval. Staff believed the proposal met all the applicable standards for a Special Use Permit, as well as the standards specific io gravel extraction. Chairman McQueeney believed the applicant had been,woiking proactively. Her only concern was for putting a bookend on the time frame. Mr. Burkey stated that they would not be opposed to an administrative review. He suggested 2028 with a two-year extension for reclamation and administrative review. Chairman McQueeney believed an administrative review was reasonable. Mr.Narracci stated that if staff was not comfortable he would be obliged to come before the board. 19 01/10/2017 Commissioner McQueeney moved to approve File No. ZS-6354, incorporating staffs findings and staff's suggested conditions, because the application, as conditioned, meets all of the standards for approval of a Special Use Permit. 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in any public meeting shall be adhered to and considered conditions of approval. 2. All environmental controls established through the original 1997 Special Use Permit approval (Special Use Permit ZS-00003),as well as,the revised 2008 Special Use Permit(Special Use Permit ZS-00173), shall be carried forward with this Special Use Permit, Eagle County File No. ZS-6354 and remain in full force and effect throughout the balance of aggregate extraction and site reclamation activities. Prior to progressing mining operations into the new Phase 7, United shall first receive the necessary compliance review for completed mining Phases 1-6, utilizing the compliance checklist that was created with the 1997 approval and which has been utilized throughout the life of the Gypsum Ranch Pit. 3. Prior to disturbance of areas within 75' of the high water mark of the Eagle River and removal of berm material, the applicant shall provide stormwater management plan details and a cross section demonstrating water quality and riparian areas are protected through proposed phases and reclamation to the satisfaction of the Environmental Health Director. 4. Portions of Phase 2 and Phase 4, are within 75 feet of the high water mark of the Eagle River. In order to memorialize the reduced stream setbacks, as have resulted through the life of the gravel pit, and as proposed moving forward for Phase 7; the Board of County Commissioners hereby grants a variance as part of this special use permit to allow aggregate extraction activities to occur no closer than 40 feet from the high water mark of the Eagle River where 75 feet is required as set forth in the application. 5. Road Impact Fees will be required for the Phase 7 mining area. The Road Impact Fee amount is to be generated by the Impact Fee Administrator pursuant to Chapter 2, Article 4, Division 4-700, Impact Fees and Land Dedication Standards, Section 4-710, Road Impact Fees, F.2. 6. The Division of Reclamation, Mining and Safety reclamation plan, as amended, shall be implemented per the State's specifications 7. All aggregate extraction activities in the Gypsum Ranch Pit shall be completed by December 31, 2030. All post-mining reclamation activities shall be completed by December 31,2032. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. toe, 4 There being no further business bd..,it :�' °�' d ilh meeting was .-'/e until J. 17,2017. Attest:/ _ Alo 1 to the Board merman 20 01/10/2017