HomeMy WebLinkAboutR08-037 B&B Hidden Valley Special Use Permit Approval •
EAGLE CSUNON, CO 200808546
TEAK J SIMONTON
. P9s: 9 04 :38 :28PM 0412212008
REC: $0.00 DOC: 3
• 1
Commissioner moved adoption
of the following Resolution:
RESOLUTION
of the Q/
COUNTY OF EAGLE, STATE OF COLORADO N L.
RESOLUTION NO. 2008 - 0 `� 1
APPROVAL
OF THE SPECIAL USE PERMIT
for B &B HIDDEN VALLEY
FILE NO. ZS -00168
WHEREAS, on or about February 13 2008, the Oldcastle SW Group, Inc. dba B &B Excavating
(herein after "Applicant ") did file an application with the Eagle County Department of Community
Development for a Special Use Permit for B &B Hidden Valley, located in the Resource Zone District in
the unincorporated area of Eagle County described as follows:
Northwest of intersection of Deep Creek Road (aka Coffee Pot Road) and the Colorado River
Road (1.8 miles north of Dotsero) (see attached Exhibit A); and )
WHEREAS, this Special Use Permit supersedes the previous ZS- 00126; and
WHEREAS, in January of 2008, asphalt/gravel companies were invited to bid on the 2008/09
Eagle County Airport Project (herein after "Project ") for modification to the airport's runway and taxiway;
and
WHEREAS, the Airport Project•is a two (2) -phase project that will both extend and resurface the
existing 150' runway. Phase 1, is the extension of the runway /taxi way (approximately 1000') slated to
occur from May thru October 2008. Phase 2, will overlay 40% of the existing runway/ taxiway
(approximately 3300'), and rebuild the remaining 60% (approximately 4700') from April thru October
2009. The improvements will average an approximate 12" of asphalt, with anywhere from 12 -24" of gravel
underneath. The total estimated material for this project equals approximately 200,000 tons of asphalt and
base material; and
WHEREAS, given the enormous scope and importance to the public of the Project, the bid
anticipated that, "a variance, amendment and/or extension to existing Special Use Permits, if necessary,
would be considered for successful bidders "; and
WHEREAS, based on the expectation of possible Special Use Permit changes B &B Excavating,
a gravel, asphalt and concrete company, was able to, and did make the lowest bid for this project; and
Page 1 of 8
WHEREAS, B&B Hidden Valley is not able to excavate, produce and wash all of the material
necessary for this Project. As such, B&B requested an "amendment" to the existing Hidden Valley Special
Use Permit (ZS-00126} in order to accelerate mining operations to the previously approved, 2010
allowance in order to be able to produce enough gravel (material) for the Airport Project (the main purpose
of this new Special Use Permit). Additionally, knowing that operations would not be able to wash of the
material produced (at Hidden Valley), B&B has concurrently obtained Temporary Special Use Permits to
allow Materials Washing at Montgomery and a (temporary) asphalt plant at the B&B Carol Ann site; and
WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle
County Planning Commission on Apri12°d, 2008 and by the Eagle County Board of County
Commissioners on April 8a`, 2008; and
WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for
the unincorporated areas of Eagle County, comments of the Eagle County Department of Community
Development, comments of public officials and agencies, the recommendation of the Planning
Commission, and comments from all interested parties, the Board of County Commissioners of the County
of Eagle, State of Colorado ("the Board"), finds as follows:
1. That proper publication and public notice was provided as required by law for the hearings before
the Planning Commission and the Board.
Z. That pursuant to Eagle County Land Use Regulations Section 5-250.B Standards for the review of
a Special Use Permit:
(1) Consistent with Comprehensive Plan. The proposed Special Use Permit CAN be shown
to be generally consistent with the purposes, goals, objectives and policies of the
Comprehensive Plan and FLUM, including standards for building and structural
intensities and densities, and intensities of use.
(2) Compatibility. The proposed Special Use IS generally appropriate for its proposed
location and IS sufficiently compatible with the character of surrounding land uses.
(3) Zone District Standards. The proposed Special Use DOES comply sufficiently with the
standards of the zone district in which it is located and the standards applicable with the
particular use, as identified in Section 3-310, Review Standards Applicable to Particular
Residential. A~zricultural and Resource Uses.
(4) Design Minimizes Adverse Impact The design of the proposed Special Use DOES
sufficiently minimizes adverse impacts, including visual impact of the proposed use on
adjacent lands; furthermore, the proposed Special Use CAN sufficiently avoid significant
adverse impact on surrounding lands regarding trash, service delivery, parking and
loading, odors, glare, and vibration, it CAN sufficiently avoid adverse impact on
surrounding lands regarding noise and traffic.
(~ Design Minimizes Environmental Impact. The proposed Special Use WILL sufficiently
minimize environmental impacts, and will not cause significant deterioration of water and
air resources, wildlife habitat, scenic, and other natural resources.
Page 2 of 8
(6) Impact on Public Facilities The proposed Special Use IS sufficiently served by public
facilities and services such as roads, pedestrian paths, potable water and waste water
facilities, parks, schools, police and fire protection, and emergency medical services.
('n Site Development Standards It is anticipated that the proposed Special Use WILL
comply sufficiently with all applicable standards in Article 4, Site Development Standards
upon receiving outstanding subdivision and access approvals.
(8) Other Provisions. The proposed Special Use DOES comply sufficiently with all standards
imposed on it by all other applicable provisions of these Land Use Regulations for use,
layout, and general development characteristics.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the
County of Eagle, State of Colorado:
THAT the Temporary Special Use Permit application for B&B Hidden Valley, located in the
Resource Zone District, in the unincorporated area of Eagle County described herein, be approved,
subject to the following conditions, and that violation of any condition shall be the basis for revocation of
the Special Use Permit:
1. Except as otherwise modified by this development permit, all material representations
made by the Applicant in this application and in public meeting shall be adhered to and
considered condition(s) of approval;
2. Prior to the onset of production for the Airport Project, the applicants will provide a
document which expressly demonstrates that all applicable conditions of ZS-00126 have
been satisfied, or are in the process of being satisfied according to timeframes as set forth
in the conditions of ZS-00126. Failure to demonstrate compliance shall mean the
immediate revocation of this Permit. It shall be the responsibility of Eagle County, by
Resolution, to recognize the expiration of this Special Use Permit via Resolution.
3. Maximum production permitted under this Special Use Permit shall be 350,000 tons per
year through 2043, with a maximum production of 12,999,000 tons.
4. Permitted uses and activities on the Hidden Valley Pit site are as follows:
a. Site preparation including road construction/access improvements, topsoil removal
and stockpiling, overburden removal and stockpiling.
b. Aggregate mining and stockpiling, washing, crushing, conveying, loading, and
hauling of aggregate material mined from the site. Importation of raw material to the
Hidden Valley Pit site is not permitted.
c. Drainage improvements such as culverts, sediment ponds and water tanks/storage.
Water storage uses shall include pumps and surface and subsurface pipelines.
d. Utility lines, including telephone, electricity, propane, water, generators, and fire
protection equipment and supplies, maybe placed above or below ground.
e. Reclamation activities such a grading, seeding, planting, mulching, fertilizing and
irrigation.
Page 3 of 8
f. One dwelling unit for a cazetaker or night watchman may be placed on the site upon
on issuance of a building permit and a ISDS Permit. The housing shall be of a
temporary nature and be removed at the expiration of this permit.
g. One scale house and office not to exceed 1,000 squaze feet.
h. Only equipment that is necessary for the daily/on-going operation and maintenance of
the -gravel operation may remain on the site; the site may not be utilized as a
contractor's storage yazd without specific amendment to this permit.
i. Pazking of employee or visitor vehicles, as well as company vehicles required for on-
site operations.
j. Storage of mining and construction equipment and supplies necessary for the on-going
operation of the gravel pit may occur, however adequate screening is required.
5. This Special Use Permit shall supersede the Uses by Right in the Resource Zone District
except as may in the future be approved by the Board of County Commissioners through
the Special Use Permit process; provided, however, that agricultural uses, utility
distribution facilities and water diversion structures/ditches shall be considered to be apart
of this Special Use Permit.
6. B&B Excavating (or its successor operator of the Hidden Valley Pit site) shall update (as
and when necessary) and maintain a detailed policy guide and procedure manual outlining
fire, health, emergency, safety and welfaze of employees and surrounding residents and
visitors to the area. B&B Excavating shall make a good faith effort to involve the
Compliance Review Panel consisting of representatives of B&B Excavating, the Colorado
River Road properly owners, and Eagle County Code Enforcement, in the maintenance of
this guide and procedure manual and a copy shall be provided to each interested property
owner, as well as to the Department of Community Development. Upon request, B&B
shall meet with local residents to discuss any legitimate concern they may have. Concerns
must be copied, in writing, to the Environmental Health Department prior to meeting with
B&B. The policy guide and procedure manual shall be enforceable by the Compliance
Review Panel.
7. Only B&B Excavating (or the successor operator of the Hidden Valley Pit site) employees
and trucks, and those of B&B's (or the successor operator's) contractors who conform to
the conditions of this Special Use Permit, shall be used to haul materials from the site.
"Contractors" are hereby defined a qualified companies who contract with B&B
Excavating (or its successor operators) to haul material out of the pit or qualified
companies who contract with B&B Excavating to haul to B&B job sites or B&B pits.
8. B&B Excavating (or its successor operator of the Hidden Valley Pit site) shall regulazly
educate all drivers entering or leaving the site on the following:
a. The prohibition of the use of" joke brakes" on the Colorado River Road, except in
. emergency situations where property damage or damage to life and limb may occur.
b. Speed limitations on Coffee Pot Road, Colorado River Road and Highway 6 at the I-
70 Dotsero ramps.
In addition, a schedule for vehicle and equipment maintenance shall occur so that both
noise levels and safety factors aze considered. This includes muffler noise from trucks; and
the implementation of alternative, motion-sensor back-up alarms on the dedicated (onsite)
loader(s) by June 1, 2008.
Page 4 of 8
9. Lighting on the Hidden Valley Pit site shall be limited to flush mounted, downcast lighting
located on the scale house%ffice and the cazetaker unit. Temporary (up to 60 days)
security lighting maybe installed upon written complaint to the Eagle County Sheriff of
vandalism, theft or other criminal activity. A copy of the complaint shall be received by
the Department of Community Development prior to the temporary lighting being used,
and if the temporary lighting is necessary for more than 60 days, it must be approved by
the Board of County Commissioners in a public hearing after proper public notice is
provided.
10. The Hidden Valley Pit site operations shall comply with the Eagle County Industrial and
Commercial Performance Standards, as may be amended from time to time.
11. ~ Visual impact shall be mitigated in the following manner:
a. Disturbed azeas shall be reclaimed as soon as practicable, with vegetation species and
densities designed to blend with the surrounding area following the approved
reclamation plan.
b. If visible from surrounding areas, buildings shall be painted with colors designed to
minimize visual intrusion onto the surrounding area.
12. Normal hours of operation (including mine operation, processing and hauling) shall be as
follows:
Scale /Hauling (trucks loaded and off the scale by 5:00 PM)
Monday through Friday - 7:30 AM to 5:00 PM
Saturday - 8:00 AM to 5:00 PM
(No more than 3 Saturdays per calendar yeaz. B&B Excavating shall coordinate
Saturday hauling operations to avoid those Saturdays in which Colorado River
Road bike races aze scheduled.)
Sunday (Scale /Hauling operations not permitted)
Crushing /Washing
Monday through Friday - 7:00 AM to 6:00 PM plus one (1) hour for maintenance
(overall, 7 AM - 7 PM)
Saturday - 8:00 AM to 5:00 PM
(No more than 27 Saturdays per calendaz year)
Sunday (Crushing /Washing operations not permitted)
Plant /Site Maintenance
Monday through Friday - 7:00 AM to 6:00 PM
Saturday - 8:00 AM to 5:00 PM
(No more than 27 Saturdays per calendaz year)
Sunday (Plant /Site Maintenance not permitted)
13. To preclude undue conflict during certain times in which heavy vehicular traffic maybe
expected on Colorado River Road and in which public safety is of greater concern,
operations related to the Hidden Valley Pit shall be further restricted as follows:
Page5of8
a. Operations shall not be permitted at the following times:
• New Years Day and the weekend if it should fall on a weekend
• Memorial Day and the weekend preceding
• July Fourth and the weekend if it should fall on a weekend
• Labor Day and the weekend preceding
• Thanksgiving Day and the weekend following
• Christmas Eve and the weekend if it should fall on a weekend
• Christmas Day and the weekend if it should fall on a weekend
• The day before the first day of each session of rifle hunting season
b. Gravel hauling operation shall be suspended for four hours during each check-in time
and check-out time for the opening and closing sessions of Anderson Camps,
provided that there be no more than 8 suspensions during a calendar year, and
provided further that the Camp gives both the Department of Community
Development and B&B Excavating (or the successor operator of the Hidden valley
Pit site) a schedule of those check-in and check-out times for which it desires
suspension reasonably in advance of those times.
c. In the event of conflicts between truck activities associated with this Special Use
Permit and school bus operations, as perceived by the Eagle County School District
(RE50J), representatives of B&B Excavating (or its successor operator) shall meet
with representatives of the School District and attempt in good faith to resolve the
conflict. In the event that attempts to resolve the conflict are not satisfactory, the
matter shall be considered by the Board of County Commissioners at which time the
Board may, at a public hearing, modify, add or delete one or more of the conditions
of approval of this Special Use Permit.
14. The applicants shall be required to maintain the Colorado River Road, Deep Creek Road
and Coffee Pot Road (on which B&B trucks utilize) to a level satisfactory to the Eagle
County Engineering Department.
15. If any new seep occurs which causes damage to either Colorado River Road or Deep
Creek Road and such damage can be attributed to the Hidden Valley Pit mining
operations, the Applicant (or the successor operator of the Hidden Valley Pit site) shall
repair the subsequent damage to the satisfaction of the County Engineer at its sole
expense.
16. The top of any excavation in the vicinity of public lands shall be no closer than 30 feet to
property boundaries and shall have a mining slope and reclamation slope of no greater
than 3H:1V, and shall be properly top-soiled and re-vegetated as proposed in the
Reclamation Plan.
17. The public land -private land boundary and the limit of excavation shall be permanently
and clearly marked and posted, and no encroachment outside of the boundary shall be
permitted for any mining activity.
Page 6 of 8
18. B&B Excavating (or the successor operator of the Hidden Valley Pit site) shall submit the
annual report required by the Colorado Division of Minerals and Geology to the Eagle
County Department of Community Development simultaneously with its submission to the
State, but in any event, no later than August 5 of each yeaz.
19. The mining and reclamation operations, which began in 2005 and will continue until
December 31, 2043, aze approved with the provision that two types of reviews will occur
during this timeframe. Every 10 years, 2015, 2025 and 2035, the Special Use Permit shall
be subject to review by the Eagle County Planning Commission and the Boazd of County
Commissioners at public hearings, after the applicant has provided information and
reports deemed necessary by the Duector of Community Development, and appropriate
public notice having been given. Provided further, the Board of County Commissioners
may delete or modify any existing conditions of approval or add additional conditions of
approval applicable to subsequent mining and reclamation operations under this permit.
For each intervening 5 yeaz period, 2010, 2020, 2030 and 2040, the applicant will provide
information to the Director of Community Development regazding a) compliance, b)
complaints, c) corrective action, d) lease standing, and e) significant changes to the
operation. If there aze no significant issues with any of these items, the Director of
Community Development will issue an abbreviated report sent to appropriate pazties and
the operation will continue as in the past. If there is a significant issue with any of the
items, the Director of Community Development can either resolve the issue(s) with the
applicant or the Director may ask for the full process as outlined above for the 10 yeaz
review. As provided in the Land Use Regulations, as they maybe revised from time to
time, and for good and sufficient cause, the Boazd of County Commissioners may revoke
the Special Use Permit.
20. All local, state and federal permits shall be obtained and submitted to Eagle County
Community Development prior to expansion associated with the Special Use Permit,
including demonstration of the availability of adequate, decreed water rights needed for all
aspects of the operation. Further, any violation of a local, state or federal permit shall
constitute a violation of this Special Use Permit.
21. An Annual Compliance Report which demonstrates conformance with the Dust
Suppression Plan (DSP), Storm Water Management Plan (SWMP), and Spill Prevention,
Control and Countermeasures Plan (SPCC); with Division 4-5, Commercial and Industrial
Performance Standards, of the Eagle County Land Use Regulations; and with the policy
guide and procedure manual shall be submitted by the Applicant to the Environmental
Health Department no later than August 5 of each yeaz.
22. The Applicant shall inspect Deep Creek Road each workday and clean it immediately if it
is muddy.
23. The Applicant shall maintain compliance with all of the agreements represented as having
been agreed to with the neighboring homeowners as documented in ZS-00126.
24. The trucks delivering materials to and from the Eagle County Airport, Carol Ann and
Montgomery sites for the purposes of the Airport Project are subject to the hauling
schedule as set forth in the B&B Airport Project Hauling Plan.
Page 7 of 8
THAT, this permit shall be subject to review as provided for by the Eagle County Land Use
Regulations.
THAT, the Board of County Commissioners directs the Department of Community Development
to provide a copy of this Resolution to the Applicant.
THAT, the~Boazd hereby fords, determines and declazes that this Resolution is necessary for the
health, safety and welfaze of the citizens of Eagle County.
MOVED, READ AND ADOPTED by the Boazd of County Commissioners of the County of
Eagle, State of Colorado, at its regulaz meeting held the ~'~_day of ~~~ 1 L ,
2008, nunc pro tunc to the 8a` day of April, 2008.
COUNTY OF EAGLE, STATE OF COLORADO, By and
h Its BOARD OF COUNTY COMMISSIONERS
ATTEST: o~ "-~
x
BY: t B~
eak J. Simo on
Clerk to the Boazd of ~ocoar-°°
's County1~mmissloner~---J BY
BY
Commissioner ~~--~~-~ ~ seconded adoption of the foregoing resolution. T'he roll having been called,
the vote was as follows:
Commissioner Peter F. Runyon ~ 4
Commissioner Saza J. Fisher ~
Commissioner Arn M. Menconi t
This Resolution passed by 3/ 0 vote of the Boazd of County Commissioner of the
County of Eagle, State of Colorado.
Page 8 of 8
Peter F. Runyon, Chair /
ZS-00168; B&B @ Hidden Valley
Special Use Permit Modification Use of this map should be for general and
e informational purposes only. F~gle Counly
does not warrant the ao~racy of the data
oontalned herein.
~ Miles
EAGLE COUNTY
0 0.125 0.25 0.5 0.75 1