HomeMy WebLinkAboutR08-038 B&B Carol Ann Asphalt Plant Temp Special Use Permit Approval EAGLE COUNTY. CO
TEAK J SIMONTON 20080854?
Pgs: 9 04 :38 :29PM 04/22/2008
REC: $0.00 DOC: $
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Commissioner - moved adoption
of the following Resolution:
RESOLUTION
of the
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2008 - O 3 6
APPROVAL
OF THE TEMPORARY SPECIAL USE PERMIT
for an ASPHALT PLANT at B &B CAROL ANN
FILE NO. ZS -00169
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 Temporary Special Use Permit permitting a (temporary) Asphalt Plant at the B &B
Carol Ann site, located in the Resource Zone District in the unincorporated area of Eagle County described
as follows:
Section 4, Township 5 South, Range 85 West, 6 P.M., County of Eagle, State of Colorado; north
of the Town of Gypsum (see attached Exhibit B); and
WHEREAS, the previously approved gravel excavation and crushing at B &B Carol Ann coexists
under the previously approved (and separate) Special Use Permit (ZS- 380 -95), which is not affected by
this Temporary Special Use Permit; 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,
s .# 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 concurrent to this Special Use Permit, 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 produce enough gravel (material) for the Project.
Further, knowing that operations would not be able to wash of the material produced (at Hidden Valley),
B&B has also concurrently obtained a Temporary Special Use Permit to allow Materials Washing at
Montgomery; and
WHEREAS, the main purpose of this Special Use Permit is to permit a temporary Asphalt Plant
at Cazol Ann, the closest B&B site to the Airport. The asphalt produced at the Cazol Ann site is solely for
use on the Airport Project. Currently, the underlying Special Use Permit, ZS-380-95 is in the reclamation
phase- "active" mining has ceased; however, final crushing of remnant material is still ongoing as part of
the reclamation process. The remnant material, normally crushed and removed from the site will now be
used in the temporary asphalt production; 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 Apri18~', 2008; and
WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for
the unincorporated azeas 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 Boazd of County Commissioners of the County
of Eagle, State of Colorado ("the Boazd"), 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 Boazd.
2. That pursuant to Eagle County Land Use Regulations Section 5-250.B Standazds 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 chazacter of surrounding land uses.
(3) Zone District Standards The proposed Special Use DOES comply sufficiently with the
standazds of the zone district in which it is located and the standazds applicable with the
particulaz use, as identified in Section 3-310, Review Standards Applicable to Particular
Residential. Agricultural and Resource Uses.
(4) Design Minimizes Adverse Impact The design of the proposed Special Use DOES
sufficiently minimises 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 regazding noise and traffic.
Page 2 of 8
(5) 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.
(~ 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, pazks, 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 standazds in Article 4, Site Development Standazds
upon receiving outstanding subdivision and access approvals.
(8) Other Provisions. The proposed Special Use DOES comply sufficiently with all standazds
imposed on it by all other applicable provisions of these Land Use Regulations for use,
layout, and general development chazacteristics.
NOW, THEREFORE, BE IT RESOLVED by the Boazd of County Commissioners of the
County of Eagle, State of Colorado:
THAT the Temporary Special Use Permit application for Materials Washing at the B&B
Montgomery site, located in the Resource Zone District, in the unincorporated azea 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. A copy of the lease which permits B&B operations at this location is required prior to the
installation of the Temporary Asphalt Plant;
3. Hours of operation for the Temporary Asphalt Plant aze as follows:
Monday through Friday -* 7:00 AM to 7:00 PM plus one (1) hour for
maintenance (Overall 7 AM to 8 PM) *Non-mainline
paving hours
**Main Runway paving - **6 AM to 8 PM (61 days during Airport Project)
Saturday - 8:00 AM to 7:00 PM plus one (1) hour for maintenance
(Overall 8 AM to 8 PM)
**7 AM to 7 PM (61 days during Airport Project)
Sunday -not permitted
4. Trucks delivering materials to and from the site for asphalt production purposes shall be
restricted to the hauling schedule as set forth in the B&B Airport Project Hauling Plan;
Page 3 of 8
5. All of the previously approved conditions for ZS-3 80-95 will remain in full force and
effect for the Carol Ann site; this permit does not amend/alter, release, or restrict any of
those conditions. Further, this Special Sue Permit is subject to any environmental
restrictions or conditions placed on the Cazol Ann operations. The conditions for ZS-380-
95 aze attached as Exhibit A;
6. Asphalt produced at Cazol Ann may only be utilized for the Airport Project;
7. Specifics for this (additional) use shall be included in any of the applicable
documents/reports as required by the Environmental Health Department for ZS-380-95
(see Exhibit A);
8. Notice of asphalt operations must be provided to adjacent property owners two (2) weeks
prior to the onset of each phase of the Airport Project. Phase 1 is anticipated from May
thru October 2008; Phase 2 is anticipated from April thru October 2009. Exact start dates
shall be set by Eagle County;
9. This Temporary Special Use Permit shall expire upon the successful completion of the
contractual obligations of the Eagle County Airport Project. It shall be the responsibility of
Eagle County, by Resolution, to recognize the expiration of this Special Use Permit;
10. The Temporary Asphalt Plant shall be removed immediately upon cessation of the Airport
Project contract.
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 Boadd hereby finds, determines and declazes that this Resolution is necessary for the
health, safety and welfaze of the citizens of Eagle County.
Page 4 of 8
MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of
Eagle, State of Colorado, at its regular meeting held the ~_day of ~~10 ,l C~
2008, nunc pro tunc to the 8~` day of April, 2008.
ATTEST:
BY:
COUNTY OF EAGLE, STATE OF COLORADO, By and
Its BOARD OF COUNTY COMMISSI S
~~
.~
'~ B
~ * Peter F. Runyon, Chair
Clerk to the Board of ~`',~ i~
County Commissioners
BY:
BY:
Fisher,
Commissioner
Commissioner Li,~, ~ seconded adoption of the foregoing resolution. The roll having been called,
the vote was as follows:
Commissioner Peter F. Runyon y
Commissioner Sara J. Fisher
Commissioner Arn M. Menconi
This Resolution passed by ~ / ~
County of Eagle, State of Colorado.
vote of the Board of County Commissioner of the
Page 5 of 8
Exhibit A- Conditions as approved with ZS-380-95
1. The applicant shall submit the following information and permits to the Community
Development Department for preparation of a resolution to be signed by the Board of -
County Commissioners. The signing of this resolution will be required for commencement
of activity on the site.
a. A revised legal description of the approved permit boundary;
b. A revised, approved site plan;
c. An approved State Highway Access Permit;
d. An approved Railroad Crossing Permit;
e. An approved MLRB Mining Permit;
f. An approved Water Supply Plan or decreed augmentation plan;
g. Fire protection plan or service from the fire district;
h. An approved Gravel well permit (conversion of water rights for industrial use) ;
i. An approved Storm Water Management Plan (SWMPI;
j. An approved Spill Prevention and Control Counter Measures (SPCC)
k. An approved Fugitive Dust Control Plan or approved permit;
1. An approved Air Emission Permit. M. A BOCC approved Wildlife Mitigation Plan
for the northern berm.
2. Operation of mining activities will cease upon depletion of the on-site resource or in 10
yeazs, whichever comes first.
3. Total area of mining disturbance is limited to 15 acres at one time. Disturbance beyond
this amount is limited to 30 days for operational changes.
4. Reclamation must commence upon any mining disturbance to the west side of the
unnamed drainage. At a minimum, the amount of reclamation to occur must be
commensurate with the amount of disturbance on the west side of the unnamed drainage.
Reclamation must be consistent with an approved reclamation plan.
5. The mining face shall be reclaimed to a 3:1 slope, or flatter, and native shrub species shall
be added to the reclamation seed mix. '
6. A maximum of 10,000 tons of raw materials may be imported onto the site annually for
processing.
7. It is the applicant's responsibility to submit an annual report to the Department of
Community Development. The annual report shall be due each year on the anniversary
date of approval. The report shall include the following information:
- Amount of imported material processed annually.
- A copy of the Mined Land Reclamation Boadd annual report
In addition, The Department of Community Development will complete an annual review
(site inspection) of the operation to assure compliance with all conditions and
representations erelated to the approval of this special use. This annual review will occur
within a 30-day time period prior to or following the anniversary date of approval for
commencement of mining activity on the site.
Page6of8
8. On-site lighting shall be limited to flush mounted, down cast lighting located on the scale
house\office. Temporary (up to 60 days) security lighting may be installed upon written
complaint to the Sheriff of vandalism, theft or other criminal activity. Copy of complaint
must be copied to the Eagle County Code Enforcement Officer. Security lighting installed
for more than 60 days must be approved by the Boazd of County Commissioners after
public notice is provided.
9. Pazking of company vehicles required for on-site operations, storage of mining and
construction equipment and supplies directly associated with this mining operation may
occur within the permit boundary azea. Storage of vehicles or other equipment and
material that is not required for on-site mining, reclamation and related activities shall not
be permitted. Employee and visitor pazking shall be provided within the mining azeas.
10. The applicant must hard-surface the entrance road from Highway 6 to the railroad right-of-
way. Maintenance of all haul roads must occur in a manner to assure that dust abatement
and safety aze considered.
11. Mining and processing shall be permitted from 7:00 a.m. to 6:00 p.m. Monday through
Friday "during daylight savings time" and from 8 a.m. to 5 p.m. during "standard time."
12. The operation shall comply with the following performance standards, or more stringent
standazds subsequently adopted:
a. The use shall be so operated that it does not emit an obnoxious or dangerous degree of
heat, glare, radiation, or.fumes beyond the property line.
b. No dust, noise, odor, glare or vibration shall be projected beyond the permitted azea.
c. Fuels, chemicals and other material shall be stored in such a way as to prevent or
contain accidental spills onto the ground. Such storage shall comply, as a minimum,
with applicable state and federal regulations.
d. Every use shall be so operated that meets State Air Quality Standards.
e. Noise from all on-site sources and from truck hauling shall not exceed the
performance standazds contained in State noise statutes or the following County
standard, whichever is more -m a restrictive. The use shall be operated so that the
volume of m sound generated does not inherently and recurrently exceed 60 decibels
with a maximum increase of 5 decibels permitted by a maximum of 15 minutes in any
one hour at any point of the property boundary line.
f. The use shall be so operated that the ground vibration inherently and recurrently is not
perceptible, without instruments, at any point on the property line. No Blasting.
g. No materials or wastes shall be deposited upon the property in such form or manner
that they may betransferred -off the property by natural causes or forces.
h. All materials or wastes which might cause fumes or which constitute a fire hazard or
which maybe edible by or otherwise be attractive to rodents or insects shall be stored
outdoors only in closed containers.
i. Fencing shall be permitted as currently exists on the property and at the main access
points for safety and security. Lockable gates shall be permitted.
13. Safety signs, as required by state and federal law, and one project identification sign shall
be permitted at the access to State Highway 6. A sign permit must be issued in accordance
with the Eagle County sign code prior to construction of the project identification sign.
Page 7 of 8
14. Resource mined from the Carol Ann Pit shall not be delivered by B&B, or knowingly sold
by B&B to others, for delivery to locations east of Red Canyon.
15. All material representations made by the Applicant in the application and public meeting
shall be adhered to and considered conditions of approval, unless otherwise amended by
other conditions.
Page 8 of 8
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ZS-00169; B &B @ Carol Ann
Temporary Special Use Permit
for Asphalt Production
0 0.125 0.25 0.5 0.75 1
Miles
Use of Uris map should be for general and
infonnaflonal purposes only. Eagle County
does not warrant the accuracy of the data
contained herein.
fl~GLf COUhfTY