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Home My WebLink About780451.tiff ,..',33 li )2,,- . 2 4 „ , ,,, 1,-)S i 5,,:1-5 01 a I H %Ir- §r - Li a r " of t1 ? ;I Z`.^1 I_ 1 ��. < < te, _ .�,_w`� .� -_, ".G= r ``4'' 3 � a € fy,"1 fEt I -�. -• - -.v 1), r€P9r� `,IYo� - w '4 _ __,,,-,-51,- - ' ES - 7 ( \-111 �, I - 'I .€ _ roLi v `� _ ifZ r> , ! , . ; i-fit :sr r $a - L.,-',f7-,:,7_-:1- = 4 �,,L z - , ,. r'', Nom\ 1. .,` y _ - .: WIIIIIIM - -- --_, -cy —t- -4— - r- _ 4- # ---t p % I r oc .,„..;,,,,,,,),..,,..,7,,, ; i , ,j, 1 ( I,. \\ , r5~- - 2 I''\ _ Ir.F I e Q -. :'! . : ;1 g�iea - J�,g --1, •/ li J 1 ( I . ' V I V . ^i 21.5 iqi w = \ 31 3 Ii — � ` e / R,�� 1ST /' 40 \ I, WQ el i ( n (� / ce 0_ L11 �� i -76.k1JG! RESOLUTION RE: APPROVAL OF SPECIAL USE PERMIT FOR AN OPEN CUT MINING PERMIT, SURFACE COAL MINING, FOR IMPERIAL COAL COMPANY, 770 GRANT STREET, SUITE 100, DENVER, COLORADO. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners of Weld County, Colorado held a public hearing on the 13th day of December, 1978 at the hour of 2 : 00 o' clock p.m. in the Chambers of the Board of County Commissioners for the purpose of hearing the applica- tion of Imperial Coal` Company, 770 Grant Street, Suite 100, Denver, Colorado 80203 , for the granting of a Special Use Permit for an open cut mining permit, surface coal mining, on the follow- ing described real estate, to-wit: Commencing at the Northeast corner of Section 14, Township 1 North, Range 68 West of the 6th P.M. , Thence West along the North line of Section 14, 3630 feet, Thence South and parallel with the East line of Section 14, 1320 feet, Thence East and parallel with the North line of Section 14, 330 feet, thence South and parallel with the East line of Section 14, 3940 feet to a point on the South line of Section 14, Thence N89°15'E along the South line of Section 14, 2640 feet, Thence North and parallel with the East line of Section 14, 3270 feet, Thence N89°15'E, 660 feet to a point on the East line of Section 14, Thence North along the East line of Section 14, 1939 feet to the point of beginning. WHEREAS , the petitioner was present, and WHEREAS, evidence was presented in support of the grant of the Special Use Permit for an open cut mining permit, surface coal mining on the abovedescribed real estate, and WHEREAS, Section 3. 3 (E) (2) of the Weld County Zoning Reso- lution authorizes such a use in an Agricultural District upon approval by the Board of County Commissioners , and WHEREAS, the Board of County Commissioners of Weld County, Colorado heard all of the testimony and statements of those present, has studied the request of the petitioner and the recommendations of the Weld County Planning Commission and all of the exhibits and 7J) 4_,I 'tPL1143 4111 evidence presented in this matter, and having been fully informed, is satisfied that the request for a Special Use Permit for an open cut mining permit, surface coal mining on the hereinabove described real estate, conforms to the purposes of Section 3. 3 (E) (2) of the Weld County Zoning Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the application of the petitioner for a Special Use Permit for an open cut mining permit, surface coal mining on the hereinabove described tract of land be, and hereby is, granted subject to the Development Standards con- tained in the Special Use Permit. BE IT FURTHER RESOLVED by the Board that the reasons for approval contained in the Planning Commission recommendations and conditions dated November 8, 1978 be, and hereby are, incorp- orated as the findings of fact of the Board of County Commissioners in this matter. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of December, A.D. , 1978. BOARD OF COUNTY COMMISSIONERS D COUNTY, COLO O ATTEST ..tin d'K i,'n ii/14" f.. Weld County Clerk and Recorder And Clerk to the Board By: T' PeputyColery AP ROVED AS TO FORM: v _ �z :�L ` . /cc- County Attorney Date Presented December 18, 1978 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Date NovnmhAr A, 1 P7R Case No. SUP# 374 :78:26 APPLICATION OF Imperial Coal Con'pany ADDRESSc/o James D. Asher 770 (rant StrnAt , #100, Denver, Colorado 80203 Moved by Franck 8tr that the following resolution be introduced for passage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the appli- cation for site approval often Cut g?lning Permit-C'op1 covering the following described property in Weld County, Colorado, to-wit: c 4 pr I , Billy G. Solloway, certify that the above plat is an accurate survey described as follows . Commencing at the Northeast corner of section 14 TIN 86811 6 PM, thence West along the North line of section 14 3630 feet, thence South and parallel with the ?.ast line of section 14 1320fet, thence 1 st and parallel with the North line of section 14 330 feet , thence "outh and parallel withtheEast line of section 14 390 feet to a point on the "outh line .of section 14 , thence N89°15 ' E along the mouth line of section 14 2640 feet , thence North and parallel with the Fast line of section 14 3270 feet, thence N89°15 ' E 660 feet to a point on the "ast line of section 14, thence North along the Fast line of section 14 1939 feet to the point of beginning. LLUIrJ ui-_ y -Y , L. . .,, <i�-..suy- ,..°vflr1helorers, 4overnir.g- body of c.ry city and county, city, or torn or otter covcrrir. ental authority ^-1iich l^nF7 crne.rol over 7:cn3rc -1l, ry 7oninr, r^zorir. -, rrantarC a variance , or other official action or inaction, porr-it the uco of any 2,rca 1.nov'n to contain a cof,;,,,rc1 �1 „-Arorrl eouosit in a r„nner '°hlc1- `7o,l1c' -t;-c- 1:rc 'cr'.t: of fut.irc cYtractior of 5.'r.c11 1-y I) extractor. Motion seconded by ;:;•oc ;-i i;, Vote: For Passage Frrd rain Against Passage Jim ri-1 -ert Abstained Percy Hiatt Jor 3,, ;'3 efor 7r71-0- Ben Nix The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Shirley P.. "1-i ll ip s , Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Color- ado, adopted on rrovemher 8, 1070 and recorded in Book No. VT of the proceedings of the said Planning Commission. Dated the --- -- day of ?'_cverb_or - -- 1978 ' " .\ \ • • Secretary �- — ---T ----- Imperial Coal Company SUP-374 : 78 :26 P . C . RECOMMENDATION November 8, 1978 After adoption of a master plan for extraction for an area under its jurisdiction , no hoard of county commissioners , governing body of any city and county , city , or town , or other governmental authority which has control over zoning shall , by zoning, rezoning, granting a variance , or other official action or inaction , permit the use of any area containing a - commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor. " Section C. 1 of the Weld County Mineral Resources Extraction Plan states : "Access to future mineral resource development shall be considered in all land use decisions . In accordance with Colorado Statute , no Weld County governmental authority which has control over zoning shall , by zoning, rezoning, granting a variance , or other official action or inaction , permit the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor. " It is thus the opinion of the Planning Commission , that in those instances where a parcel of land is underlain by commercial mineral deposits and is zoned in such a manner as to permit the extraction of those resources , the extraction of such resources must be accommodated so long as adequate protection of the health , safety and welfare of the citizens of the area in question is provided . In the current application , it is the opinion of the Planning Commission that the applicant has demonstrated through submitted plans and oral statements that adequate protection of the health , safety and welfare of area residents will be provided as extraction of the resource and reclamation of the site occurs . In addition , it is the opinion of the Planning Commission that the plans submitted by the applicant serve to substantially mitigate adverse impacts of the proposed operation on surrounding uses . 2 . The proposal is in compliance with Section C. 4 . of the Weld County Mineral Resources Fxtraction Plan which states : Imperial Coal Company SUP-374 : 78 : 26 P . C . RECOMMENDATION November 8 , 1978 "Tn all requests for open-cut mining operations , the broad effect or these operations on surface and underground water supplies , and on water distribution and drainage systems shall be taken into account . " It is the opinion of the Planning Commission that the applicant , through submitted plans and oral statements , has : a) Taken into account the effects of the proposed operation on surface water supplies and on water distribution and drainage systems , and b) Has shown that any negative impacts on such supplies and/or systems will be mitigated to the extent feasible . With reference to underground water supplies , Colorado Statute places jurisdiction over the matter in the Division of Water Resources , State Engineer ' s Office . It is thus felt that consideration of factors relating to underground water supplies would be inappropriate in the current application . 3. The proposal is in compliance with Section C . 5 . of the Weld County Mineral Resources Extraction Plan which states : "Open-cut mining of coal resources shall be permitted only in non-irrigated agricultural areas . Requests for such operations shall receive favorable consideration only when justified by a detailed extraction and reclamation plans accompanied by economic and environmental impact statements prepared by recognized experts . " The proposed operation will take place on a non-irrigated agricultural area . It is the opinion of the Planning Commission that the applicant has , in oral statements and in the current application, justified the proposed operation through the information contained in the submitted extraction plans , economic and environmental impact statements . 4 . It is the opinion of the Planning Commission that this proposed operation is in compliance with the provisions of Sections 3 . 3(E) (2) and 6 . 1(3 ) of the Weld County Zoning Resolution . The proposed use will be compatible with the surrounding area, in harmony with the character of the neighborhood and existing agricultural uses , compatible with the future development in the area and will not adversely affect the health , safety , and welfare of the inhabitants of the area and the county. This determination is based upon the following : Imperial Coal Company SUP-374 : 78 : 26 P. C . RECOMMENDATION November 8 , 1978 A . It is the opinion of the Planning Commission that open-cut mining opeations as outlined and controlled in the Operations Standards will minimize impacts on surrounding uses and the area to the greatest extent possible and provide adequate protection of the health, safety , and welfare of the inhabitants of the area and the county. B. The Colorado Geological Survey has set forth no objections with the proposed operation. Tt has been recommended in a letter dated September 25 , 1978 , that the applicant conduct a slope stability study. This item is addressed in a separate recommendation by the Planning Commission listed below. C. The Boulder Valley Soil Conservation District has set forth no objections to this request . D . The Colorado Department of Health has set forth no objections to this request provided the applicant obtain the required State Health Department permits . E. The Colorado Division of Mines has set forth no objections to the proposed operation . The following is taken from their letter dated September 20 , 1978 : "This operation will add to the economy of the area with a minimum of impact due to its small size . The coal is needed, not only for commercial use , but for domestic and farm heating. The environmental plan is reasonable and adaptable to minimize any damage and return the land once again to beneficial use . Mining of this shallow coal will give max- imum recovery and will eliminate surface sub- sidence which is a continuing problem with underground mining . Safety of the employees should also be considered and we feel this is a necessary item as they are the most valuable resource in the state . The hazards of surface mining are fewer than underground mining; also underground employees with experience are nearly nonexistent . " Imperial Coal Company SUP-374 : 78 :26 P. C . RECOMMENDATION November 8 , 1978 F. The Tri -Area Planning Commission has recommended approval of the proposed operation . G. The Dacono Area Fire Protection District has set forth no objections to this request . The Planning Commission recommendation for approval is conditional upon the following : 1 . The applicant shall , prior to approval of the Special Use Permit , offer and agree to an acceptable program of road and bridge maintenance required to mitigate roadway and bridge impact which will be generated by said coal mining activities . The Weld County Engineering Department ' s review of this application indicates County Road 8 and Bridge 8/9A will be adversely affected by the proposed operation . The applicant shall offer and agree to upgrade and pave Road 8 to support the heavy trucking anticipated from their operation . The applicant shall supply a structural road design based on acceptable engineering practices for review by the Weld County Engineering Department . Bridge 8/9A is a timber structure built in 1938 . It is posted at 9 , 14 , and 16 Tons for Type 3 , Type 3S2 , and Type 3-3 loadings respectively . Inspections have been made in 1973 , 1975 , and 1977 indicating no major deterioration . Therefore the existing structure is supporting present demand. Mining operations , according to the application , will cause frequent 36 Ton truck loads that the structure will not handle . It is the Engineering Department ' s opinion that the applicant should be required to replace Bridge 8/9A with a structure capable of supporting increased loadings caused by their operation . 2 . The attached Operation Standards being recommended and approved for this request . Imperial Coal Company SUP-374 :78 : 26 P. C. RECOMMENDATION November 8 , 1978 3 . Prior to the Board of County Commissioners hearing , the applicant shall turnish evidence it is insured to the extent of not less than $100 ,000. 00 against liability for any negligent act or omission pursuant to proposed Operation Standard #14 . 4 . That the following note be placed on the Special Use Permit plat : Note : The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are therefore under the jurisdiction of the Mined Land Reclamation Board, however , Veld County has jurisdiction of those matters outlined in the Operation Standards . 5 . The Special Use Permit plan be amended to show the "Stanley Ditch Review Line" which shall coincide with the north line of year 7 as now shown on Exhibit "D" of the applicant ' s submitted application . 6 . The Operation Standards be placed on the Special Use Permit plat and said plat be delivered to the Department of Planning Services office for inspection prior to recording the Special Use Permit plat at the Plead County Clerk and Recorder ' s office. 7 . Amendment of Operation Standards #1 to read : "1 . No excavation or processing of coal shall be permitted nearer than 10 feet to the boundary of adjacent property, easement nor nearer than 25 feet with a maximum allowed slope of 2 : 1 for any such excavation to any irrigation ditch or right-of-way , nor nearer than 125 feet to any existing residence , unless by written agreement the owner or owners of such adjacent property consent to a lesser distance and the Planning Commission approves such lesser distance . The Planning Commission may set a greater distance than mentioned above when , in their opinion , it is justified. Imperial Coal Company SUP-374 : 78 :26 P . C . RECOMMENDATION November 8 , 1978 The Planning Commission recommends that the Board of County Commissioners send a letter Lo the State Mined Land Pee1amation Board recommending that a Slope Stability Study be conducted by qualified geotechnical personnel to determine stability of fills and cut slopes . This is a recommendation of the Colorado Geological Survey contained in its letter dated September 25 , 1978 . Comments : 1. Our office has received two letters of opposition to this request from adjacent property owners . Copies or these letters are in the attached materials . /II' Imperial Coal Company Open Cut Mining - Coal OPERATION STANDARDS \.' excavation or processing of coal shall be permitted nearer than 10 feet, to the boundary of adjacent property ,v , easement or i r r i gn t ion el r I eh or r i gh l o I'-wcry , nor nearer e r I ban 125 feet, to any existing residence , unless by wr• i t leery a{'•r•eement, to the owner or owners of such adjacent property consent to a lesser distance and the Planning Commission approves such lesser distance . The Planning Commission may set a greater distance than mentioned above when , in their opinion, it is justified . 2 . All coal operations shall he conducted during the hours of daylight except in the case of public or private emergency , or to make necessary repairs to equipment . This restriction shall not apply to operation of administrative and executive offices or repair facilities located on the property . 3. The Special Use Permit area shall be maintained in such a manner so as to prevent soil erosion , fugitive dust and growth of noxious weeds . The site shall he maintained in such a manner as to present a neat and well kept appearance. 4 . Existing trees and ground cover along public road frontage and drainageways shall be preserved, maintained and supplemented if necessary , for the depth of the setback in order to protect against and/or reduce noise, dust and erosion . 5 . Excavation generated traffic shall he required to utilize the haul road as shown on the Special Use Permit plan . The point of access for the haul road shall be from County Road 8 on the south side of the Special Use Permit area . Employee traffic may use the access from County Read 11 as shown on the Special Use Permit plan . Final location and design of said accesses shall he reviewed and approved by the Weld County Engineering Department . 6. All access roads from surface coal mining operations to public highways , roads , or streets , or Lo adjoining residential structures , shall he paved or otherwise treated to minimize dust, conditions on all parts of such access roads which are located within one- fourth mile of the public highway , road , street , or adjoining residential structure . 7. Where topsoil is removed , sufficient arable soil shall be set aside, for respreading over the excavated area . 8 . All phases of the coal mining operations shall comply with all applicable County , State and Federal Heal Lh Standards and Regulations and other applicable rules and regulations of governmental bodies having jurisdiction on the premises . i J 1 ( - 4 11 ir•IIt ing provided forsecurity and night operation on the itc •.Ira I he designed so that the I Ight ing will not adversely ;r l f (pct surrounding property owners . 10. A National Pollutant Discharge F] imination System permit shall be obtained from the Colorado DepartmenI. of Health for any niter discharge . 11 . A fugitive dust emission permit shall ho applied for and obtained through the Weld County Health Department or from the Colorado Department of Health . 12 . All structures shall comply with the minimum setback require- ments as defined in Section 3 . 11 of the Weld County Zoning Pesolut ion . 13 . All phases of the operation must conform to noise I imi tat ions as stated in 25-12-103 , ('I'S , 11)73 . 14 . Imperial Coal Company shall furnish evidence it is insured to the extent of not less than $100 , 000 . 00 against liability for any negligent act or omission by the operation from the operation , maintenance , extraction and production of coal and all active t ies connected with or incidental thereto . 15 . All storage , handling , preparation and use of explosives shall comply with all applicable County , State and federal laws and regulations . 16 . Prior to beginning any excavation south of the ''Stanley Ditch Review" line as shown on the Special Use Permit plans , which will necessitate excavation under the Stanley ditch , the applicant and Farmers Reservoir and Irrigation Company shall reach an agreement that will ensure that the flow capacity of the Stanley ditch shall not be decreased or prior use diminished due to any modifications made during the excavation of top soi 1 , overburden , or coal resources . The agreement and any engineering data sha 1 I he submitted Lo Weld County for inclusion in the l i le as part of the permanent record . If no agreement is reached , the excavation of top soil , overburden , or coal resources shall not be continued south of said "Stanley Ditch Review line . " 17 . All references t0 IMPE1; I A1, COAL COMPANY sha I I include its heirs , successor's , and assigns . 18 . The Special Use Permit shall he limited to the plans shown hereon and governed by the Operation Standards stated above and all applicable Weld County Regulations . Any material deviations from the plans and/or Operation Standards as shown or stated above shall require the approval of an amendment to the Special Use Permit by the Planning Commission and the Hoard of County Commissioners before such changes from the plans and/or Operation Standards shall he permitted . Any other changes from the plans and/or Operation Standards shall he fried in the (Thee of thy Department of Planning services . I The Weld County Planning Commission held a scheduled meeting on November 8 , 1978 , at 1 : 30 p .m. in the Weld County Centennial Center County Commissioners Hearing Poom, first floor , 915 10th Street , Greeley , Colorado . Roll Call was Ns follows : Ben Nix Present Fred Otis Present Percy Hiatt Present Jerry Kiefer Present Jim Gilbert Present Frank Suckla Present Chuck Carlson Absent Irma White Absent Bette Kountz Absent Also present were : Gary Z. Fortner, Director of Planning Tom Hann , Zoning Administrator Chuck Cunliffe , Assistant Zoning Administrator Russ Anson , Assistant County Attorney Due to the absence of the Chairman , Ben Nix-Vice-Chairman , chaired this meeting. As a quorum was present , the meeting proceeded as scheduled . The minutes of the October 17 , 1978 , meeting were approved unanimously . APPLICANT: Imperial Coal Company / CASE NUMBER : SUP-374 : 78 : 26 LEGAL DESCRIPTION: Pt . Section 14 , T1N, R68W LOCATION: Approximately 1l mile southwest of Dacono SUBJECT: Open Cut Mining Permit - Surface Coal Mining APPEARANCE : Ken Schlagel DISCUSSION: This application was continued from the Planning Commission meeting on October 17 , 1978 , pending information regarding the effects of blasting on the property . Since the application was heard at the last meeting, Tom Honn road the staff ' s recommendation for approval and the Operation Standards . Mr. Schlagel indicated he was in agreement with the Operation Standards as presented. Russ Anson then commented on the conditions for paving and upgrading the road and replacement of I the bridge . Jack Merritts , attorney for Imperial Coal Company , stated he had no objection to the conditions . Vice-Chairman Nix then called for any objections or favorable responses from any persons in the audience . There were none voiced. Frank Suckla then said he felt in regard to Operation Standard #1 that mining as near as 10 feet as stated is too close as it could cave and ruin the ditch . Mr . Schlagel responded that according to the Slope Stability Study 10 feet is sufficient , but they would be in agreement to 25 feet if the Planning Commission felt it necessary. The slope as presented in the application would he a 3 : 1 slope . Discussion followed. MOTION : Be it therefore resolved to recommend approval with the Operation Standards to the Board of County Commissioners based on the I staff ' s recommendation with the amendment to Operation Standard #1 to read : "No excavation or processing of coal shall be permitted nearer than 10 foet to the boundary of adjacent property , easement , nor nearer than 25 feet with a maximum allowed slope of 2 : 1 for any such excavation / to any irrigation di tch . . . ' . Motion by Frank Suckla , seconded by Fred \ / h Planning Commission nutes i Page 2 November 8 , 1978 Otis. A vote of "aye" was cast by Ben Nix, Fred Otis , Jim Gilbert , ; Jerry Kiefer, and Frank Suckla. An abstention vote was cast by Percy `Hiatt . Motion carried. APPLICANT: George Legino L CASE NUMBER: SUP-375 : 78 : 27 LEGAL DESCRIPTION: Pt . S'. , Section 2 , T7N, P67W LOCATION: 1(1501 Weld County Road 84 . approximately 5 miles north and mile west or Severance SUBJECT: Hog Farrowing and Finishing Operation APPEARANCE : Steve and George Legino DISCUSSION: Steve Legino stated that raising hogs started out as a hobby when he was in 4-H in Larimer County. They would now like to raise hogs for a living. There is also a house on the property . The Legino ' s would eventually like to raise 750 head of hogs . There being no questions at this time , Tom Honn read the staff ' s recommendation for approval and the Development Standards . Some discussion followed regarding the canal which goes through the Legino ' s two parcels . MOTION: Be it therefore resolved to recommend approval with the Development Standards to the Board of County Commissioners based on the staff ' s recommendation . Motion by Frank Suckla , seconded by Percy Hiatt . A vote of "aye" was cast by Ben Nix, Fred Otis , Percy Hiatt , Jim Gilbert , Jerry Kiefer , and Frank Suckla. Motion carried. APPLICANT: Charles Ryberg CASE NUMBER : Z-314 : 78 : 18 LEGAL DESCRIPTION: Pt . SE , Section 24 , T1N, R66W LOCATION: 17343 Weld County Road 6 , approximately 1 mile north and 1/8 mile west of Lochhuie SUBJECT: Change of Zone from "A" Agricultural Zone District to "C" Commercial Zone District APPEARANCE : Joe IIellewell and Charles Ryberg DISCUSSION: This item was removed From the agenda and will be presented at the December 5 , 1978 , Planning Commission meeting. This action resulted because the sign was apparently misposted . The applicant ' s attorney reported that it was placed on the property where the applicant lives instead of where the proposed change of zone is located. There were , however , seven persons in the audience who wished to express their objection at this particular meeting. After consideration discussion among the Planning Commission members , the Planning staff , and the Assistant County Attorney , it was decided it should he removed from the agenda because of the legality of the matter. The sign will be re-posted , the legal notice re-advertised, and surrounding property owners re-notified. MOTION: Mr . Gilbert made the motion to remove the item from the agenda to be re-scheduled at a later time . Seconded by Percy Hiatt . A vote of "aye" was cast by Ben Nix, Fred Otis , Percy Hiatt , Jim Gilbert , Jerry Kiefer , and Frank Suckla. Motion carried. Planning Commission ,•sautes Page 3 November 8 , 1978 APPLICANT: Tom Scheirman CASE NUMBER: Z-315 : 78 : 19 LEGAL DESCRIPTION : Pt . SW; , Section 3 , T5N, R66W LOCATION: Northeast corner of 59th Avenue (County Road 31 ) and U .S . Highway 34 Business SUBJECT: Change of Zone from "A" Agricultural Zone District to "C" Commercial Zone District DISCUSSION: This item was continued to the Planning Commission meeting scheduled for November 21 , 1978 . On November 6 , 1978 , the applicant submitted a revised unit development plan . The various referral agencies will be sent the revised plan and submit their review and comments . MOTION: Be it therefore resolved to continue the application to November 21 , 1978 , based upon the staff ' s recommendation . Motion by Fred Otis , seconded by Jerry Kiefer . A vote of "aye" was cast by Ben Nix, Fred Otis , Percy Hiatt , Jim Gilbert , Jerry Kiefer , and Frank Suckl . a Motion carried. APPLICANT: Lillian Bird CASE NUMBER: S-151 : 78 : 8 LEGAL DESCRIPTION: Pt . SW, , Section 16 , T5N , R66W LOCATION: 2420 71st Avenue SUBJECT: Preliminary Plan - Bird Subdivision DISCUSSION: This item was also continued to the Planning Commission meeting scheduled for November 21 , 1978 . On October 26 , 1978 , the applicant ' s engineer submitted a revised preliminary plan with a different street design than was originally submitted. The different referral agencies will be sent the revised plans for their review and comment . MOTION : Be it therefore resolved to continue the application to November 21 , 1978 , based on the staff ' s recommendation . Motion by Jerry Kiefer, seconded by Percy Hiatt . A vote of "aye" was cast by Ben Nix , Fred Otis , Percy Hiatt , Jim Gilbert , Jerry Kiefer , and Frank Suckla. Motion carried . APPLICANT: Walter J . (Shorty) Peters CASE NUMBER: S-152 : 78 : 9 LEGAL DESCRIPTION: Pt . Nth'; , Section 32 , T6N, R6.5W LOCATION: Approximtely k mile east of U . S . Highway 85 on the south side of County Road 64 SUBJECT: Final Plat - Peters Subdivision APPEARANCE : Bob Zoyiopoulos DISCUSSION: This final plat conforms with the preliminary plan previously reviewed and approved by the Planning Commission and Board of County Commissioners for seven business lots . There being no questions or comments , Tom Honn read the staff ' s recommendation for approval . No further discussion . MOTION: Be it therefore resolved to recommend approval based on the staff ' s recommendation to the Board of County Commissioners . Motion by Jim Gilbert , seconded by Jerry Kiefer. A vote of "Aye" Was cast by Ben Nix , Fred Otis , Percy Hiatt , Jim Gilbert , Jerry Kiefer , and Frank Suckla . Motion carried . Planning Commission nutes Page 4 November 8 , 1978 Request from Bob Sexton for a Building Permit under Section 13. c. (1) of the Weld County Subdivision Regulations LEGAL DESCRIPTION: Pt . S , Section 21, T5N, R64W APPEARANCE: Tom Hellerich and Mr. and Mrs . Bob Sexton DISCUSSION: Tom Hellerich , attorney representing the Sexton ' s stated that they wish to purchase this 10 acre parcel from a bank because they like country living and the privacy . They would also like to raise a few livestock to supplement their income . There is good access to the property . A septic tank permit has been applied for and they can tap onto North Weld Water District for domestic water. He also stated that there was really no other way this property could be used. There being no comments at this time, Tom Honn read the staff ' s recommendation for denial of the request . Jim Gilbert expressed his opposition to the staff ' s comments entirely. Mr. Nix commented that he did not feel it was the Planning Commission ' s obligation to bail out the bank since they are selling the property to the Sexton ' s . Roger Culbreath, surrounding property owner, expressed his approval and support of the request . Discussion followed as to how this property ended up this way. MOTION: Be it therefore resolved to approve this application because it is the highest and best use of this particular piece of ground. Motion by Jim Gilbert , seconded by Jerry Kiefer. A vote of "aye" was cast by Jim Gilbert and Jerry Kiefer. A vote of "no" was cast by Ben Nix, Fred Otis , Percy Hiatt , and Frank Suckla. MOTION: Be it therefore resolved to recommend denial to the Board of County Commissioners based on the staff ' s recommendation . Motion by Fred Otis , seconded by Percy Hiatt . A vote of "Aye" was cast by Ben Nix, Fred Otis, Percy Hiatt , and Frank Suckla. A vote of "no" was cast by Jim Gilbert and Jerry Kiefer. Motion carried for denial 4 to 2 . There being no further business , the meeting was adjourned. Respectfully submitted, • J � 1� Shirley A. Phillips Planning Commission Secretary BEFORE In WELD COUNTY, COLORADO PLANNINu COMMISSION i RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Date October 17, 1978 Case No. SUP# 374: 78:26 APPLICATION OF Imperial Coal Company c/o James D. Asher ADDRESS 770 Grant Street , #100, Denver, Colorado 80203 Moved by Jim Gilbert that the following resolution be introduced for passage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the appli- cation for site approval of Open Cut Mining—Coal covering the following described property in Weld County, Colorado, to-wit: Continued to P. C. Meeting on November 8, 1978 be X a 1 i; iiigolPX iC IENXO ZNYMPO XXX cX for the following reasons: At this time, control of effects created during blasting have not been clearly set forth to the satisfaction of the Planning Commission. It appears that State and Federal controls do exist regarding the use of explosives. The matter which is not clear, however, is the nature of effects created by the limits permitted under State and Federal controls . The Zoning Resolution and Mineral Resource Plan clearly address that adequate protection of the health, safety and welfare of the inhabitants of the area and the County must be determined prior to approval by the Planning Commission and Board of County Commissioners . At this time, the Planning Commission is not prepared to assess the adequacy of those standards for this request . Motion seconded by Frank Suckla Vote: For Passage Chuck Carlson Against Passage Fred Otis Frank Suckla Jerry Kiefer Jim Gilbert Bette Kountz The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Shirley A. Phillips , Re%9r i ng Secretary of the Weld County Planning Commission, do hereby certify that h2 above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of geld County, Color- ado, adopted on October 17, 1978 and recorded in Book No. VT of the proceedings of the said Planning Commission. Gate d the _18 _ day of October ___ , 19 78 . Secretary ------ - ---- - ------- A Imperial Coal Company SUP-374 : 78 :26 P. C. RECOMMENDATION October 17, 1978 The Planning Commission is requesting this Special Use Permit be continued until the November 8, 1978, Planning Commission meeting so that the question of impacts and regulations concerning the use of explosives be clearly addressed to the Planning Commission 's satisfaction. It is felt that a workshop with staff and personnel from appropriate State and Federal agences meet to address these concerns . The Weld County Planning Commission held a scheduled meeting on October 17, 1978, at 1 : 30 P.M. in the Weld County Centennial Center County Commissioners Hearing Room, first floor, 915 10th Street , Greeley, Colorado . Roll Call was as follows : Chuck Carlson Present Frank Suckla Present Jerry Kiefer Present Jim Gilbert Present Fred Otis Present Bette Kountz Present Ben Nix Absent Irma White Absent Percy Hiatt Absent Also present were : Gary Z. Fortner, Director of Planning Tom Honn, Zoning Administrator Chuck Cunli ££e , Assistant Zoning Administrator Kay Norton, Assistant County Attorney As a quorum was present , the meeting proceeded as scheduled. The minutes of the October 3, 1978, meeting were unanimously approved. APPLICANT: Virgil Ottinger CASE NUMBER: SUP-374 : 78 :26 Applicant withdrew application APPLICANT: Henrietta Hammons CASE NUMBER: Z-313 : 78 : 17 LEGAL DESCRIPTION : Pt . SW , Section 29, TON, R65W LOCATION: Northwest corner of the intersection of U. S . Highway 85 and County Road 64 (Mumper Hill) SUBJECT: Change of Zone from "A" Agricultural Zone District to "C" Commercial Zone District APPEARANCE : Fred Gibbs DISCUSSION: Mr. Gibbs stated that this is a request to locate an irrigation business on the property involving 2 . 8 acres . This has been used in the past continuously since 1964 for commercial sales and storage of agriculture and farming equipment . There being .no questions at this time , Chuck Cunliffe read the staff ' s recommenda- tion for approval of the request . Mr . Otis then asked why the staff felt the original zoning was faulty or why the changing con- ditions in the area now justified a new classification . Chuck Cunliffe responded that the staff recommended it in this way because of the way in which the questions were answered in the submitted materials for zoning application. Also because the non-conforming use was established in the 1960' s and because there is Commercial zoning to the south and to the east across the highway. MOTION: Be it therefore resolved to recommend approval to the Board of County Commissioners based on the staff ' s recommendation . Motion by Jerry Kiefer, seconded by Bette Kountz. A vote o£ "aye" was cast. by Chuck Carlson , Fed Otis , Frank Suckla, Jerry Kiefer, Jim Gilbert , and Bette Kountz. Motion carried . APPLICANT: Lillian Bird CASE NUMBER: S-151 : 78 : 8 LEGAL DESCRIPTION: Pt . SW , Section 16, T5N, R66N LOCATION: 2420 71st Avenue SUBJECT: Preliminary Plan - Bird Subdivision APPEARANCE: None DISCUSSION: The applicant was not able to be present at this time. Chuck Cunliffe read the staff ' s recommendation for continuing the meeting to November 8, 1978, pending the receipt of a recommendation from the City of Greeley. No discussion or comments. MOTION : Be it therefore resolved to continue the meeting to Novem- ber 8, 1978 , based on the staff ' s recommendation . Motion by Fred Otis , seconded by Jerry Kiefer. A vote of "aye" was cast by Chuck Carlson , Fred Otis , Frank Suckla , Jerry Kiefer , Jim Gilbert , and Bette Kountz. Motion carried . APPLICANT: Imperial Coal Company CASE NUMBER: SUP-374 : 78 : 26 LEGAL DESCRIPTION: Pt . Section 14, T1N, R68W LOCATION: lz miles southwest of Dacono SUBJECT: Open Cut Mining Permit - Surface Coal Mining APPEARANCE : Ken Schlagel DISCUSSION : Tom Ilonn first read the Planning staff ' s recommendation for continuing the hearing to November 8, 1978, until the matter of blasting at the operation has been cleared up to the satisfaction of the Planning staff . Tom Ilonn also stated it might be advisable at this time for the Planning Commission -CO hear the application rather than wait to hear it at the November 8, 1978 , meeting. Mr. Suckla also felt the same way , however, Mr. Otis said he would rather hear the complete application at the November 8, 1978, meeting. Mr. Schlagel said they were concerned as well with the blasting problem. Since the initial application some additional drilling has occurred . Drilling would probably not be necessary in order to strip mine this coal , but they would like the provision for blasting available if possible. If this is stipulated, another Special Use Permit process will have to be requested by the application . Discussion then fol- lowed among the members as to whether or not to hear the application at this time or at the November 8, 1978, meeting. It was decided upon a 5 to 1 vote to hear the application at this meeting. Mr . Schlagel then presented the application to the members by the use of a map presentation . IIe explained that this coal will be mined from an 8 foot thick seam that will be at depths of between 15 and 170 feet . The coal will be uncovered using a shovel to dig it and dump the overburden into trucks which will carry it out of the area into an area already mined. Top soil, which has been previously removed , will then be placed on top, graded, fertilized, and planted to the existing winter wheat crop . The coal will be hauled out of the pit by truck and along a private haulage road to where it intersects County Road 8 about ' mile east of the plant where the coal will be crushed and screened. This will involve traveling across County Bridge 89A. After the coal is screened, it will leave the plant either by truck or railroad cars . This operation involves a period of seven years. Coal will have to be removed from underneath the Stanley Ditch . Adolph Bohlander, President of the Farmers Reservoir Irrigation Company , state that they would like the assurance that if the ditch must be removed that it will be reconstructed so that it can be used when needed . Helen Crandall , surrounding property owner of 400 acres , expressed opposition to the request because of devalua- tion to her property. In representing Mr. Roland Burg, she stated that he feels the water table will be lowered . She was also con- cerned with possible jeopardy of the Bull Canal . John R. Astle asked Mr. Schlagel to show him where the Interstate Gas Lines were located on the property . Mr. Schlagel said that there were no such lines located on this property, but parallels the western boundary . Mr. Astle also was concerned with underground water settling the ground in the area. Some discussion followed regarding paving of County Road 8. MOTION : Be it therefore resolved to continue the hearing to Novem- ber 8 , 1978, based on the staff ' s recommendation . Motion by Jim Gilbert , seconded by Frank Suckla. A vote of "aye" was cast by Chuck Carlson , Fred Otis, Frank Suckla, Jerry Kiefer , Jim Gilbert , and Bette Kountz. Motion carried . APPLICANT: James D . Klein CASE NUMBER: Z-308 : 78 : 12 , LEGAL DESCRIPTION : Pt . NWV , Section 19 , T5N, RG4W LOCATION: 24330 Highway 34, 2 miles west of Kersey SUBJECT: Change of Zone from "A" Agricultural Zone District to "C" Commercial Zone District APPEARANCE : Charles Dickson and James D. Klein DISCUSSION: This application was tabled at the September 5 , 1978, Planning Commission meeting. Since that time several items of con- cern have been resolved. These items are : The applicant will pro- ceed with an application for an Agri-Business zone district when such is available; the property has been moved further to the west so there is more of a buffer zone . There is now access onto High- way 34, and also onto the County Road that abuts the property to the west . Gary Fortner at this time stated that the Planning staff would like to have the applicant consider a possible alternative , that being that the applicant wait for approximately three months for the Planning staff to get the Agri-Business zone district in the Zoning Regulation. Mr. Dickson very strongly opposed this as they have done everything as required up to now and do not wish to prolong it for another three months . Discussion then followed re- garding extending the property to County Road 49. Chairman Carlson asked Mr. Klein what his intentions were for going to the Keenesburg cut-off. Mr. Klein responded that in the future he would like to have a storage shed built there for fertilizer . He also stated that he has no intention of selling this property if it is zoned Commer- cial . Ivan Klein commented that he feels there is really a need for this type of business in this particular area. At this time Gary Fortner read the other alternative to the three months time exten- sion for Agri-Business zoning and this was the staff ' s recommendation for approval . MOTION: Be it therefore resolved to recommend approval to the Board of County Commissioners based on the staff ' s recommendation . Motion by Jim Gilbert , seconded by Bette Kountz. A vote of "aye" was cast by Chuck Carlson, Fred Otis , Frnak Suckla, Jerry Kiefer, Jim Gilbert , and Bette Kountz. Motion carried . APPLICANT : Lyle Picraux CASE NUMBER: Z-312 : 78 : 16 LEGAL DESCRIPTION: Pt . SW , Section 32 , T1N, R68W LOCATION: Northeast corner of the intersection of County Road 3 and Colorado Highway 7 SUBJECT: Change of Zone from "A" Agricultural Zone District to "C" Commercial Zone District APPEARANCE : Lee Wilson and Lyle Picraux DISCUSSION: Mr. Wilson , attorney representing the Picraux ' s , stated that the Picraux ' s wish to have an office building and builders supply yard for his concrete forming business on this property of 9 .479 acres . Due to the terrain , it is not suitable for farming. There is also access to County Road 3. The applicant and Mr . Wilson have talked to the Erie Planning Commission concerning this matter, but they do not know what the impact would be on the area and they have been unable to get any impact regarding their Comprehensive Plan . Mr. Wilson then overviewed the recommendations by the various referral agencies . There being no questions at this time , Tom Honn read the staff ' s recommendation for denial of the request . Lyle Picraux commented that he should have checked first before buying the property to make sure the use was allowed , but did not and bought the property anyway . This is his liveliehood and does not want to give it up as he has also built his home there. A well permit was applied for and issued on the property as well . Discussion followed. Betty Picraux also commented that they would really hate to move as they have only been in their home eight months and would probably have to move if the request is not granted. MOTION: Be it therefore resolved to recommend denial to the Board of County Commissioners based on the staff ' s recommendation . Motion by Jerry Kiefer, seconded by Fred Otis . A vote of "aye" was cast by Fred Otis , Jerry Kiefer, and Jim Gilbert . A vote of "no" was cast by Chuck Carlson , Frank Suckla, and Bette Kountz. Split decision 3 to 3 . There being no further business , the meeting was adjourned. Respectfully submitted, • Shirley A. Phillips Planning Commission Secretary N Date: ,,,_, -er^rer 8Y 1978 CASE NUMBER: SUP-374: 78 :26 NAME: Imperial Coal Company REQUEST: Open Cut Mining Permit-Surface Coal Mining LEGAL DESCRIPTION: Pt . Section 14, T1N, R68W LOCATION: 1z miles southwest of Dacono THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE approved FOR THE FOLLOWING REASONS : 1. Since the property in question is zoned Agricultural, present and future access to the mineral deposits underlying the property for the purpose of extraction is guaranteed under the provisions of Colorado Statutes and the Weld County Mineral Resources Extraction Plan. The Colorado Revised Statutes state : "After July 1, 1973, no board of county commissioners , governing body of any city and county, city, or town, or other governmental authority which has control over zoning shall, by zoning, rezoning, granting a variance, or other official action or inaction, permit the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor. After adoption of a master plan for extraction for an area under its jurisdiction, no board of county commissioners, governing body of any city and county, city, or town, or other governmental authority which has control over zoning shall, by zoning, rezoning, granting a variance, or other official action or inaction, permit the use of any area containing a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor. " Section C.1 of the Weld County Mineral Resources Extraction Plan states : "Access to future mineral resource development shall be considered in all land use decisions. In Imperial Coal Company SUP-374 : 78:26 STAFF RECOMMENDATION November 8 , 1978 accordance with Colorado Statute, no Weld County governmental authority which has control over zoning shall , by zoning, rezoning, granting a variance, or other official action or inaction, permit the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor. " It is thus the opinion of the Department of Planning Services staff, that in those instances where a parcel of land is underlain by commercial mineral deposits and is zoned in such a manner as to permit the extraction of those resources, the extraction of such resources must be accommodated so long as adequate protection of the health, safety and welfare of the citizens of the area in question is provided. In the current application, it is the opinion of the staff that the applicant has demonstrated through submitted plans and oral statements that adequate protection of the health, safety and welfare of area residents will be provided as extraction of the resource and reclamation of the site occurs. In addition, it is the opinion of the staff that the plans submitted by the applicant serve to substantially mitigate adverse impacts of the proposed operation on surrounding uses. 2. The proposal is in compliance with Section C.4 , of the Weld County Mineral Resources Extraction Plan which states : "In all requests for open-cut mining operations, the broad effect of these operations on surface and underground water supplies, and on water distribution and drainage systems shall be taken into account . " It is the opinion of the Staff that the applicant , through submitted plans and oral statements, has : a) Taken into account the effects of the proposed operation on surface water supplies and on water distribution and drainage systems, and b) Has shown that any negative impacts on such supplies and/or systems will be mitigated to the extent feasible. With reference to underground water supplies, Colorado Statute places jurisdiction over the matter in the Division of Water Resources, State Engineer' s Office. It is thus felt that consideration of factors relating to underground water supplies would be inappropriate in the current application. Imperial Coal Company SUP-374: 78 :26 STAFF RECOMMENDATION November 8 , 1978 3. The proposal is in compliance with Section C. 5. of the Weld County Mineral Resources Extraction Plan which states : "Open-cut mining of coal resources shall be permitted only in non-irrigated agricultural areas. Requests for such operations shall receive favorable consideration only when justified by a detailed extraction and reclamation plans accompanied by economic and environmental impact statements prepared by recognized experts. " The proposed operation will take place on a non-irrigated agricultural area. It is the opinion of the Department of Planning Services staff that the applicant has, in oral statements and in the current application, justified the proposed operation through the information contained in the submitted extraction plans, economic and environmental impact statements . 4. It is the opinion of the Department of Planning Services staff that this proposed operation is in compliance with the provisions of Sections 3. 3(E) (2) and 6. 1(3) of the Weld County Zoning Resolution. The proposed use will be compatible with the surrounding area, in harmony with the character of the neighbor- hood and existing agricultural uses , compatible with the future development in the area and will not adversely affect the health, safety, and welfare of the inhabitants of the area and the county. This determination is based upon the following : A. It is the opinion of the Department of Planning Services staff that open-cut mining operations as outlined and controlled in the Operations Standards will minimize impacts on surrounding uses and the area to the greatest extent possible and provide adequate protection of the health, safety, and welfare of the inhabitants of the area and the county. B. The Colorado Geological Survey has set forth no objections with the proposed operation. It has been recommended in a letter dated September 25, 1978, that the applicant conduct a slope stability study. This item is addressed 1_n a separate recommendation by the staff listed below. Imperial Coal Company SUP-374 : 78 :26 STAFF RECOMMENDATION November 8, 1978 C. The Boulder Valley Soil Conservation District has set forth no objections to this request . D. The Colorado Department of Health has set forth no objections to this request provided the applicant obtain the required State Health Department permits. E. The Colorado Division of Mines has set forth no objections to the proposed operation. The following is taken from their letter dated September 20, 1978 : "This operation will add to the economy of the area with a minimum of impact due to its small size . The coal is needed, not only for commercial use, but for domestic and farm heating. The environmental plan is reasonable and adaptable to minimize any damage and return the land once again to beneficial use. Mining of this shallow coal will give maximum recovery and will eliminate surface subsidence which is a continuing problem with underground mining. Safety of the employees should also be con- sidered and we feel this is a necessary item as they are the most valuable resource in the state . The hazards of surface mining are fewer than underground mining; also underground employees with experience are nearly nonexistent . " F. The Tri-Area Planning Commission has recommended approval of the proposed operation. G. The Dacono Area Fire Protection District has set forth no objections to this request . The Department of Planning Services staff recommendation for approval is conditional upon the following; 1. The applicant shall' prior to approval of the Special Use Permit, offer and agree to an acceptable program of road and bridge maintenance required to mitigate roadway and bridge impact which will be generated by said coal mining activities . Imperial Coal Company SUP-374: 78 :26 STAFF RECOMMENDATION November 8, 1978 The Weld County Engineering Department 's review of this application indicates County Road 8 and Bridge 8/9A will be adversely affected by the proposed operation. The applicant shall offer and agree to upgrade and pave Road 8 to support the heavy trucking anticipated from their operation. The applicant shall supply a structural road design based on acceptable engineering practices for review by the Weld County Engineering Department . Bridge 8/9A is a timber structure built in 1938. It is posted at 9, 14, and 16 Tons for Type 3, Type 3S2, and Type 3-3 loadings respectively. Inspections have been made in 1973, 1975, and 1977 indicating no major deterioration. Therefore the existing structure is supporting present demand. Mining operations, according to the application, will cause frequent 36 Ton truck loads that the structure will not handle. It is the Engineering Department 's opinion that the applicant should be required to replace Bridge 8/9A with a structure capable of supporting increased loadings caused by their operation. 2. The attached Operations Standards being recommended and approved for this request . 3. Prior to the Board of County Commissioners hearing, the applicant shall furnish evidence it is insured to the extent of not less than $100, 000.00 against liability for any negligent act or omission pursuant to proposed Operation Standard #14 . Imperial Coal Company SUP-374 :78 :26 STAFF RECOMMENDATION November 8 , 1978 4. That the following note be placed on the Special Use Permit plat : Note : The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are therefore under the jurisdiction of the Mined Land Reclamation Board, however, Weld County has jurisdiction of those matters outlined in the Operation Standards. 5 . The Special Use Permit plan be amended to show the "Stanley Ditch Review Line" which shall coincide with the north line of year 7 as now shown on Exhibit "D" of the applicant ' s submitted application. 6 . The Operation Standards be placed on the Special Use Permit plat and said plat be delivered to the Department of Planning Services office for inspection prior to recording the Special Use Permit plat at the Weld County Clerk and Recorder ' s office . The Department of Planning Services staff recommends that the Board of County Commissioners send a letter to the State Mined Land Reclamation Board recommending that a Slope Stability Study be conducted by qualified geotechnical personnel to determine stability of fills and cut slopes . This is a recommendation of the Colorado Geological Survey contained in its letter dated September 25 , 1978 . Comments : 1. Our office has received two letters of opposition to this request from adjacent property owners. Copies of these letters are in the attached materials. Imperial Coal Company Open Cut Mining - Coal OPERATION STANDARDS 1. No excavation or processing of coal shall be permitted nearer than 10 feet to the boundary of adjacent property, easement or irrigation ditch or right-of-way, nor nearer than 125 feet to any existing residence, unless by written agreement to the owner or owners of such adjacent property consent to a lesser distance and the Planning Commission approves such lesser distance. The Planning Commission may set a greater distance than mentioned above when, in their opinion, it is justified. 2. All coal operations shall be conducted during the hours of daylight except in the case of public or private emergency, or to make necessary repairs to equipment . This restriction shall not apply to operation of administrative and executive offices or repair facilities located on the property. 3. The Special Use Permit area shall be maintained in such a manner so as to prevent soil erosion, fugitive dust and growth of noxious weeds. The site shall be maintained in such a manner as to present a neat and well kept appearance. 4. Existing trees and ground cover along public road frontage and drainageways shall be preserved, maintained and supplemented if necessary, for the depth of the setback in order to protect against and/or reduce noise, dust and erosion. 5, Excavation generated traffic shall be required to utilize the haul road as shown on the Special Use Permit plan. The point of access for the haul road shall be from County Road 8 on the south side of the Special Use Permit area. Employee traffic may use the access from County Road 11 as shown on the Special Use Permit plan. Final location and design of said accesses shall be reviewed and approved by the Weld County Engineering Department. 6. All access roads from surface coal mining operations to public highways, roads , or streets, or to adjoining residential structures , shall be paved or otherwise treated to minimize dust conditions on all parts of such access roads which are located within one-fourth mile of the public highway, road, street , or adjoining residential structure. 7. Where topsoil is removed, sufficient arable soil shall be set aside, for respreading over the excavated area. 8. All phases of the coal mining operations shall comply with all applicable County, State and Federal Health Standards and Regulations and other applicable rules and regulations of governmental bodies having jurisdiction on the premises. 9. Lighting provided for security and night operation on the site shall be designed so that the lighting will not adversely affect surrounding property owners. 10. A National Pollutant Discharge Elimination System permit shall be obtained from the Colorado Department of Health for any water discharge . 11. A fugitive dust emission permit shall be applied for and obtained through the Weld County Health Department or from the Colorado Department of Health. 12 . All structures shall comply with the minimum setback require- ments as defined in Section 3 . 14 of the Weld County Zoning Resolution. 13. All phases of the operation must conform to noise limitations as stated in 25-12-103 , CRS, 1973. 14 . Imperial Coal Company shall furnish evidence it is insured to the extent of not less than $100, 000. 00 against liability for any negligent act or omission by the operation from the operation , maintenance , extraction and production of coal and all activities connected with or incidental thereto. 15 . All storage , handling, preparation and use of explosives shall comply with all applicable County, State and Federal laws and regulations. 16 . Prior to beginning any excavation south of the "Stanley Ditch Review" line as shown on the Special Use Permit plans , which will necessitate excavation under the Stanley ditch, the applicant and Farmers Reservoir and Irrigation Company shall reach an agreement that will ensure that the flow capacity of the Stanley ditch shall not be decreased or prior use diminished due to any modifications made during the excavation of top soil , overburden, or coal resources. The agreement and any engineering data shall be submitted to Weld County for inclusion in the file as part of the permanent record. If no agreement is reached, the excavation of top soil , overburden , or coal resources shall not be continued south of said "Stanley Ditch Review line. " 17. All references to IMPERIAL COAL COMPANY shall include its heirs , successors, and assigns . 18. The Special Use Permit shall be limited to the plans shown hereon and governed by the Operation Standards stated above and all applicable Weld County Regulations . Any material deviations from the plans and/or Operation Standards as shown or stated above shall require the approval of an amendment to the Special Use Permit by the Planning Commission and the Board of County Commissioners before such changes from the plans and/or Operation Standards shall be permitted. Any other changes from the plans and/or Operation Standards shall be filed in the office of the Department of Planning Services. Date: _ ^ tober 17, 1978 CASE NUMBER: SUP-374: 78:26 NAME: Imperial Coal Company REQUEST: Open Cut Mining Permit-Surface Coal Mining LEGAL DESCRIPTION: Pt. Section 14, T1N, R68W r LOCATION: lz miles southwest of Dacono THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE CONTINUED FOR THE FOLLOWING REASONS : At this time, control of effects created during blasting have not been clearly set forth to the satisfaction of the Department of Planning Services staff. It appears that State and Federal con- trols do exist regarding the use of explosives. The matter which is not clear, however, is the nature of effects created by the limits permitted under State and Federal controls. The Zoning Resolution and Mineral Resource Plan clearly address that adequate protection of the health, safety and welfare of the inhabitants of the area and the County must be determined prior to approval by the Planning Commission and Board of County Commissioners. At this time, the Department of Planning Services staff is not prepared to assess the adequacy of those standards for this request . The Department of Planning Services staff is requesting this Special Use Permit be tabled until the November 8, 1978 Planning Commission meeting so that the question of impacts and regulations concerning the use of explosives be clearly addressed to the staff ' s satisfaction. It is felt that a workshop with staff and personnel from appropriate State and Federal agencies meet to address these concerns. I i 'H, . , it HI . ,t H , .IfJ', `,t ti VICE_ 1'IIUN[ 1303)35011000 LXT 401 015 10TH STREET .,)10EL[ Y,(:ULUfiAUU )30631 r r-., f TT ,N1 �, r �1 `i1 COLORADO September 11, 1978 Mr. James D. Asher Imperial Coal Company 770 Grant Street #100 Denver, Colorado 80203 RE : Request for a open-cut mining permit-surface coal mining on a parcel of land described as Pt . of Section 14, T1N, R68W of the 6th p.m. , Weld County , Colorado Dear Mr. Asher: Your application and related materials for the above described request are complete and in order. I have scheduled a meeting with the Weld County Planning Commission for . October 17, 1978 , at 1 : 30 p .m. This meeting will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, ' 915 10th Street , Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission might have with respect to your application . It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question . Therefore, our office has submitted a copy of the materials to the Tri-Area Planning Commissionfor their review and comment . According to our records , the Tri-Area Planning Commission should review and comment on your application on September 13, 1978, or October 11, 1978. Please contact Mrs . Debbie Small( at her home phone 833-2538 for further details regarding the exact time and date of the Tri-Area Planning Commission meeting. It is recommended that you and/or a representative be in attendance at this meeting. If you have any questions with regard to this matter, please feel free to contact our office . Resp ctfull ,/) kqe ll --/l �;� (4/1147,-.1.0.•� ` uc unlif"fe (l,f/ Assistant Zoning Adrrrinistrator .) CC: sap cc : Ken Schlage1 -770 Grant. Street , #{100, Denver , Colorado 80203 y • SENDER Complete items I,2,and i -n Add your address in the "RETURN TO" on space -, reverse ,-\ CS 1. The following service is requested (check one). _o .. Show to whom and date delivered 250 _ o Show to whom,date,&address of delivery 450 :° O RESTRICTED DELIVERY. Show to whom and date delivered 850 � '� `4`y �� O RESTRICTED DELIVERY. � . \ Show to whom,date,and address of delivery ..$1.05 (Fees shown are in addition to postage charges and other I � L�'\�N k '�- , \v �� I fees). t� �. ARTICLE ADDRESSED ''%,2\( -. �� %. ED TO: 2 - A ' m m 3. ARTICLE DESCRIPTION: REGISTERED NO. CERTIFIED NO INSURED NO. xi O y (Always obtain signature of addressee or agent) xl m I have received the article described above t. SIGNATURE 0 Addressee ,. ❑ Authorized agent cn ,„„--:--,-->,..\\ l C 4. M DATE Of DELIVERY / ,rPOS _ — — — '-'5 I I '' se 't - ) 'Cl; rtGTr,s ct? ara 1 • p 5. ADDRESS (Complete only if requel t di ' A-: 4 ` m ,,e\ , - 6. UNABLE TO DELIVER BECAUSE: CLERK'SXI ,\-\ e�� D INITIALS a I- ,I y :, GOP 137f,--0 203-456 - - - --- - - • COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE DENVER,COLORADO 80220 PHONE 320-8333 January 8, 1979 CERTIFIED MAIL NO. 177714 Ms. Mary Ann Feuerstein Weld County Clerk P.O. Box 959 Greeley, Colorado 80631 Dear Ms. Feuerstein: The enclosed package relating to the Imperial Coal Company's proposed Eagle Strip Mine to be located in Weld County, is being presented to the public for comment. This Division requests that a copy be posted and made available for public inspection in the office of the County Clerk and Recorder for a period of thirty (30) days from the date notice of public comment is published in the Greeley Tribune on January 19, 1979. It is also requested that any comment relating to said project and received by the county clerk be forwarded to the Colorado Department of Health, Air Pollution Control Division, 4210 East 11th Avenue, Denver, Colorado 80220. Sincerely, A.C. Bishard, P.E. , Chief Stationary Sources Section Air Pollution Control Division JG:plc Enclosure: Notice Package c3,\nti2e3J57, coco JAN 1979 �IN AMITY CitaMina � r`57. RECE1�/�D ��Weftl Cau JAN 11 1979 r 11.‘-) Rawl Commi• ssim Oc6� �C')UJ '111.GRt :£Y. COLO. B ?le 9Z0 a G' 1,1 NOTICE OF INIENT TO CONSTRUC1 IMPERIAL COAL COMPANY EAGLE STRIP MINL IN WELD COUNTY TABLE OF CONTENTS 1 . APPLICATION FOR EMISSION PERMIT 2. DESCRIPTION OF PROCESS 3. PRELIMINARY ANALYSIS x I4. PLANT SITE LOCATION 5. PUBLIC NOTICE i 1 4 Prepared by: ::,,i :;taLionary Sources c -Lion i Air Pollution Conlr l I►ivr , ion 1 Colorado Department of !Inal Lh 4210 East 11th Avenue E Denver, Colorado AIR POLLUTION CONTROL DIVISION - COLORADO DEPARTMENT ul' HEALTH 4210 E. 11th Ave. , Denver, Colorado - g;0220 - Ph : 1;{N-6111 , Ext. 371 APPLICATION FOR EMISSION II'MI'F Ibis application shall be filled out completely ; see instruction; on reverse side. - -- ------- 1. PERMIT TO BE ISSUED TO Telephone .-------- c ' - _ No. 8 37 835 5 Imperial Coal Company — 2 . MA[LING ADDRESS (include Zip Code) 770 Grant Street , Suite 100 , Denver , Colorado 80203 3. TYPE OF ORGANIZATION 5X] Corporation [7 Partnership [jindividual Owner r] Governmental Agency 4. GENERAL NATURE OF 111151 NESS Coal :lining:lining', Cottl:.tn•7 P1C'ducinv, ;'30 , 1)00 TPY 5. EQUIPMENT - Pursuant to Regulation No. 3 of the Colorado Air I'•,I.i',tion Control -I Commission, application is hereby made for an Emission Permit for the following equipment : (Attach separate sheet where necessary) Shovels of scrapers , truck, front end loader . grader 6. EQUIPMENT LOCATION ADDRESS : — 3747 Weld County Road #8 Eric , Colorado 80516 County: Weld ---- ---- - ----- - - - - - - - - ---- ---------- 7, ESTIMATED COST OF EQUTFMENT OR ALTERATIONS -- ► Air Pollution Control Equipment 20 , 000 Rabic i'.qui p,r,ent 1 , 250 , 000 Days per year equipment will he operated 220 8. STATUS (Check and complete applicable items) tX New Air Contamination Source Estimated Date , Estimated Date Construction Construction j Control Equipment Being Added Will Begin Will be Completed to Existing Source —,- -- - -- I -- ------ I 9. Check is enclosed to cover APPLICATION FILING FEE I ;1 ;,.'x').00 10. SICNAURE OF LEGALLY AUTHORIZED PERSON 11 . PATi 0,' APPLICATIONC.--b-1---,1--g-c3 CC, (-.L 12 . Type or print name and official title of person lignin;; this application. James D. Asher , President , Imperial_ Coal Company — — -- ----- Date Receive d\ - --- --- - -- - ---------- --- • ;V,,,/I e L \I( '. ' IAD (_,ei\. APCD 200C DESCRIPTION OF PROC[SS The Eagle Strip Mine is located east of [-25 near the town of F ie , Colorado. Plans call for production of 2.50,000 tons of coal per year with an 8-year project life. The coal will he moved by front-end loaders which will load the coal into 2/-ton capacity trucks. Overburden wi 11 be removed by scrapes . Mined coal will he hauled from the mine on a dirt road ( treated with chemical dust suppre,sants) to ( nunty Road 8, which will be travelled to the old Eagle Mine site just west of I-25 for processing. The portion of County Road 8 between the strip mine and the Eagle Mine will be paved by Imperial Coil to reduce fugitive dust emissions. ',cal delivered H i,h', Fegle 'fine ill be screened, crushed and sorted at the old Eagle Mine facility prior to transport. The mining plan calls for the initial pit to be excavated in early 1979, with the overburden and topsoil stockpiled in areas enclosed by berms . Uhen future pits are ex- cavated overburden will he used to fill in the spent pit. * * k k 4c * . AIR PU1 1ii 1 I()N r c>N114 )I En/I' 'ii COLORADO D[PAR rMFNT O1 11L-Al T14 PRELIMINARY ANALYSIS r,ruo 1 of I PERMIT NIIMPrER C- 12,714(1 D) App ic,rnl ' s rl,m'_ _- llii'[fjI, I COAL CO , __ _______ 12/22/78 J • Geier A.� Bi ,hard Date ________�_ Review Engineer ___• _ _ _ _ __ ___ _ nut r(rl Fnyineer _ ,___ MINING ACTIVITIES AND RESULTANT AIR POLLUTION EMISSIONS; 1 . Overburden removal with scrapers : 22. 6 tons/yr. of particulates 2. Haul read traffic on property: 11 .; tons/vi or particulate., (frequent watering of road) 3. Haul road repair: 1 .8 tons/yr. of particulates 4. Load out of coal into trucks : .9 tons/yr. of particulates 5. Wind erosion of exposed hare are: 9. 2 tons/yr, of particulates TOTAI EMISSIONS: 45.8 tons/yr. of particulate,: Particulate emissions will also result from crushing and s:Aeerrrlg u{ the coal at the old Eagle Mine facility. This facility is already permitted, therefore, emissions from those activities are not included. AMBIENT AIR ANALYSIS: A screening model was used to estimate the particulate ambient air concentrations resulting from the above activities . The model assumes an area of 50 acres (actual mine area is 123 acres , so levels are conservative) and a particulate release rate of 2.3 grams/second. The model indicates that a maximum 24-hour averane due to thP source is 8.4 micrograms/cubic meter. Ba( kground amhinni, air concentrations arre in the range of 45-65 ug/rr3 for a yearly average. This area of the state has already been cl.i; ,itied as a non-attainment area for particulates , which meanr, , that particulate l vets already crr-ei'd Federal standards for maximum dally standards . the source in question has I'eeri classified a - a 11111111' source ( less than 100 tons of particulates ( 'Inronlrollu'd ]) . * A * l 2- Af>C-73 (5-76) •' I l 'I I ' :( 'I ( I, II 1 1 1 fl : .. - r .. - .. - 11 1 I' + 1 I, I 1 •�t �I.V, I I I , 'i / . ,•I • , I.1 r/ I 1 1 , () iI I ` 1 : t,,r i - 1 I L,, 1 I IIIUII�Ii',I,I I � }..... I i 1 St,ttr ('II;II 111r1C F• I. '+ ,,,innritun ,I I I , I r I t, i r , 1 t O+,II' A 1 I \ • I ,,, \ I I ! - . ',, .' ' I I I 1 I 1 r, I 1 I I `'\.C:I j I .1 ,,' ' 1 1 '�;l'Inn;ll `mil /� +•,1 1 ` ' t i I' r • f' I I \ i I' i d)6. ill 0 I I • / , ' i.,..1i S 1 1 (II . ,J /.i / • I 1' 1 F \" P I • .Y , t. 1 1 , 1 I A Ili; . I �1• - i i . ')III .' ' I ills ..• — • I +, / I . 1 i , .. . . Y 1 I, I1,) ' .� . I t,. \ ! li li I' 1 I ) I,' 1 i!� III 1';, • ice. %• COLORADO DEPARTMENT OF U ALT@0 4210 EAST 11TH AVENUE DENVER,COLORADO (40220 PHONE 3.20-8333 Released to The Greeley Tribune for publication on January 1'9, 1979. PUBLIC NOTICE OF A PROPOSED PROJECT OR ACTIVITY WARRANTING PUBLIC COMMENT The Colorado Air Pollution Control Commission has declared that the following proposed construction activity warrants public comment. Therefore, the Division of Administration (Air Pollution Control ) of the Colorado Department of Health, hereby gives NOTICE, pursuant to Section 25-7-112(4) (c) , C.R.S. 1973, as amended, of the Colorado "Air Pollution Control Act of 1970," that the Imperial Coal Company has made application to the Division for an emission permit on the following proposed project and activity: "The Eagle Strip Mine located east of Interstate at the Erie, Colorado intersection. " The Division hereby solicits and requests submission of public comment concern- ing the aforesaid project and activity for a period of thirty (30) days from and after the date of this publication. Any such comment must be in writing and be submitted to the following addressee: Mr. A.C. Bishard, P.E. , Chief Stationary Sources Section Division of Administration (Air Pollution Control ) Colorado Department of Health 4210 East 11 th Avenue Denver, Colorado 80220 Within thirty (30) days following the said thirty-day period for public comment, the Division shall consider said comments and, pursuant to Section 25-7-112(4) (d) , either grant, deny, or grant with conditions, the emission permit , with concurrence of the Commission. Said public comment is solicited to enable consideration of approval of and objections to the proposed construction of the subject project and activity by affected persons. (MORE) A copy of the app] i cd t i on for em i s'. i can peril l , the Preliminary Analysis of said application and accompanying data concerning the proposed projer_t and activity arc available for Inspc'c 1 ion in the Of f icc of the Clerfr and Pr'c.orrlr0r of W Id Cognly, Greeley, Colorado, during regular business hours of said biu' inc ', office, and alo may be inspected at the office of the Air Pollution Control I) i 1sio'c, 1101 Bellaire Street, Denver, Colorado. *• * * A- * -2- FIELD 'HECK FILING NUMBER ' SUP-374 DATE OF INSPECTION: 10/11/73 NAME : Imperial Coal Company REQUEST: Open Cut Mining Permit - Surface Coal Mining LEGAL DESCRIPTION : Pt . Section 14, T1N, R68W LAND USE : N Agricultural E Agricultural s Agricultural `,y, Agricultural ZONING: N Agricultural LOCATION: 2 miles southwest of E Agricultural Dacono Agricultural Agricultural COMMENTS : There are presently no improvements located on the property. The property is dry land and farming is taking place on the property. There is one 'house located on the south side of the property, there are two houses located in the northeast corner of the property and there is one house located on the north side of the property. There is a trans- mission line that runs across the north end of the property. On the proposed haul road, County Road 8 , to the south, there is a bridge which has a weight limit sign on it . BY: 4( CLERK TO THE BOARD CHECKLIST Hearing Title: Imperial Coal Company, SUP, Open Cut Mining Permit Received from Planning Department Hearing date approved 10/25/78 rjk Notice typed 10/26/78 rjk Notices sent to: _Legal advertising // - ,9. (Planning Department Health Department / Bulletin board Local newspaper 'Adjacent landowners Packets made / Packets to Commissioners y -- /41 Ile "IP NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Land Use Code, a puhlic hearing; will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, r_t the time specified. Al ! persons in any manner interested in the Special Use Permit are requested lc attend and may he heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may he examined in the Office of the Clark to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. Docket No. 78-75 Imperial Coal Company 770 Grant Street, Suite 100 Denver, Colorado 80203 Date: December 13, 1978 Time: 2: 00 P.M. Request: Special Use Permit, Open Cut Mining Permit, Surface Coal Mining LOCATION: Approximately four miles east of Erie, Colorado. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Keitha Hubbard, Deputy DATED: November 6, 1978 OD OP Nir'I'I I;h: Pursuant to the zoning laws of the State of Colorado and the Weld County Land Use Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, at the time specified. All persons in any manner interested in the Special Use Permit ,ire requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may he examined in the Office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. Docket No. 78-75 Imperial Coal Company 770 Grant Street, Suite 100 Denver, Colorado 80203 Date: December 13, 1978 Time: 2: 00 P.M. Request: Special Use Permit, Open Cut Mining Permit, Surface Coal Mining LEGAL DESCRIPTION: Commencing at the Northeast Corner of Section 14, Township 1 North, Range 68 West of the 6th P.M. ; thence West along the North Line of Section 14, 3, 630 feet; thence South and parallel with the East Line of Section 14, 1, 320 feet; thence East and parallel with the North line of Section 14, 330 feet; thence South and parallel with the East Line of Section 14, 3 , 940 feet to a point on the South Line of Section 14; thence N89°15 'E along the South Line of Section 14, 2, 640 feet; thence North and parallel with the East Line of Section 14, 3 , 270 feet; thence N89°15'E 660 feet to a point on the East Line of Section 14; thence North along the East Line of Section 14, 1, 939 feet to the Point of Beginning. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Rita Jo Kummer, Deputy DATED: November 6, 1978 PUBLISHED: November 9, 1978 and November 30, 1978 in the Johnstown Breeze 1( 7111 ale Ile NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Land Use Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, at the time specified. All persons in any manner interested in the following proposed Change of Zone are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the County Planning Commission may be examined in the Office of the Clerk to the Board of the County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. Docket No. 78-76 Boulder Scientific Company P. O. Box 150 Boulder, Colorado 80302 Date: December 14, 1978 Time: 9: 00 A.M. Request: Change of Zone from A-Agricultural District to I-Industrial District LEGAL DESCRIPTION: A parcel of land situated in the Southeast Quarter (SE4) of Section 31, Township 2 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described as follows: Commencing at an iron pipe imbedded along the North edge of a paved highway and considered to be the Southeast Quarter Corner (SE4 Cor. ) of said Section 31; Thence along the South line of said Section 31, a distance of 620. 50 feet to its intersection with the centerline of the C. B. & Q. Railroad Company, said South line of said Section 31 to bear North 89°54' 00" East and with all other bearings described herein relative thereto; Thence North 33°11' 00" East along the centerline of the C. B. & Q. Railroad Company, a distance of 35. 48 feet; Thence North 89°54 ' 00" East along a line 30. 00 feet North of and parallel to the South line of said Section 31, a distance of 59. 81 feet to the True Point of Beginning; Said True Point of Beginning being at the point of intersection of the North Right- of-Way line of the County Road and the East Right-of-Way line of the , C. B. & Q. Railroad Company. Thence North 33°11' 00" East along said East Right-of-Way line of the C. B. & Q. Railroad Company, a distance of 639 . 50 feet; Thence South 00°00' 00" East, 534. 60 feet to a point of the North Right-of-Way line of the County Road; I Thence South 89°54' 00" West along said North Right-of-Way line of the County Road, a distance of 350. 00 feet to the True Point of Beginning. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Rita Jo Kummer, Deputy DATED: November 6, 1978 PUBLISHED: November 9, 1978 and November 30, 1978 in the Johnstown Breeze e December 13 , 1978 I hereby certify that pursuant to a notice dated November 6 , 1978, duly published November 9, 1978 and November 30, 1978 in the Johnstown Breeze, a public hearing was held on the request of Imperial Coal Company for a special use permit for an open cut mining permit. Mr. Ken Schlagel, geologist representing Imperial Coal Company, presented the request for the SUP. Mrs. Sherry Smith, adjacent property owner, listed her concerns and concerns of her neighbors with regard to the mine. She presented to the Board a petition, signed by surrounding property owners, requesting the denial of the permit. After all testimony was received, Commissioner Jacobucci made a motion to grant the SUP with development and operational standards and conditions as recommended by the Weld County Planning Commission. Commissioner Carlson seconded the motion and it carried unanimously. All five commissioners were present at the hearing. Chairman Pro Tem /69 acrd of County Commissioners Weld County, Colorado Attest :71101- Weld County Clerk and Recorder and Clerk to the Board BY: -11(,(71f67-,96 15 putt' ou Clerk Docket #78-75 Tape #78-159 & 160 e r nn t hr, -�1 l i r r r,( (;rr`eley , Color,1rlo Till, 13OAR1) (II' COUNTY ('Oh Il.i $3 L LONERS WELD) COUNTY , COLORADO November_14 , 1 97 8 Publisher : Please insert the cnnlosncl notice in your issue the alenk of December 4 , )_978 one time on I y. Rr�(lar(1 i n'n p,r'/r�innl , complete , I-hr c'nnlosnnrt vcjuc'hn,r rind f orwurcl i l to us . I'1hon lot iit-n I n(f I:he vouchcor , pI ,`•15f ill(' ludo an aCfi.cldvit of pub i ea t ion so t\nn may crnnpleLe our ii Irs . Thank you I or your cooperation . Siitc-eif ly , DOCKET #78-75 TIN.: Ivi/NI ;i (,t' ( I II PITY ('Or.1r1ISS1UN1;RS I'J(;I,I) C',11N'I"i' , Cul,OItTtl)O BY : Miry Ann I'eunr`;l-c'in ('run I y (' lei I: and Re=corder ar(1 Clcr:l: Lo the Board By : . r , ,-/r' /" //- ,,, . /;C I)elju Ly County C l el"l: S`.3',wts.r,;�' I ..t .r N ` 1� 4,m'Yd` 6, ' `"' ki" 'r. + ' ' ' rye .4. ' ` Et-' ' , ,t' ', � _ _• _� + _ ��.� � �'s, �� .rr y! a : � �„ ''-Y. : `'* ' F�.�..�'� ''� A-' r , LONGMONT TIMES CALL 78-75 1 IN PLEASE SIGN, DATE AND RETURN RECEIVED BY /5 DATE //- a. - yi" - - - , 7L - `A,a^V.•�,,, _ ,t ,r n 4 '4 '9, '4,�.. .' _p' . sr...n, r - �'}tee '; ,. , 4,4 2. N y.� Q ,, n ,, . 1 µ w,.. "?3 ' w i t AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE PUBLIC NOTICE STATE OF COLORADO ) NOTICE ) ss. Pursuant to the zoning laws of the COUNTY OF WELD ) State of Colorado and the Weld I, Eugene Thomas, do solemnly swear hearing illUse be Code,e a inutlic he that I am publisher of The Johnstown Chambers of the Board of County Commissioners of Weld County, Breeze; that the same is a weekly Colorado,Weld County Centennial newspaper printed, in whole or in part,and Center, 915 10th Street Greeley Colorado,at the time specified All published in the County of Weld, State of persons in any manner interested Colorado, and has a general circulation in the Special Use Permit are requested to attend and may be therein; that said newspaper has been heard published continuously and uninterrupted- BEITALSOKNOWNthatthetext I in said County of Weld for a and maps so certified by the Weld Y period of County Planning Commission more than fifty-two consecutive weeks may be examined in the Office of the Clerk to the Board of County prior to the first publication of the annexed Commissioners, located in the legal notice or advertisement; that said Weld County Centennial Center, 915 10th Street, Third Floor, newspaper has been admitted to the Greeley, Colorado. United States mails as second-class matter Docket No 78-75 under the provisions of the Act of March 3, Imperial Coal Company 1879,or any amendments thereof,and that 770 Grant Street,Suite 100 Denver,Colorado 80203 said newspaper is a weekly newspaper Date• December 13, 1978 duly qualified for publishing legal notices Time 2ec P M. and advertisements within the meaning of uest: Special the laws of the State of Colorado. ROpen CutMining1Pemit,Permit, f That the annexed legal notice or Coal Mining advertisement was published in the LEGAL DESCRIPTION regular and entire issue of every number of Commencing at the Northeast said weekly newspaper for the period of Corner of Section 14, Township 1 North, Range 68 West of the 8th aconsecutive insertions; and that the P M ,thence west along the North Line of Section 14, 3630 feet; first publication of said notice was in the thence South and parallel with the �� East Line of Section 14 1,320 feet; issue of said newspaper dated !::":�•. thence East and parallel with the North line of Section 14, 330 feet, thence South and parallel with the A D 19..7.9.. , and that the last publication East Line of Section 14 3,940 feet to a point on the South Line of of said notice was in the issue of said Section 14;thence N89 degrees 15' E along the South Line of Section newspaper v 30 7V 14, 2 640 feet; thence North and dated A.D 19... parallel with the East Line of In witness whereof I have hereunto set Section 14, 3,270 feet; thence N89 degrees 15'Ei 660 feet to a point on the East Line of Section 14•thence my hand this..!s.'..day of P�'t— North along the East Line of ', Section 14,1,939 feet to the Point of Beginning. A D. 19..?..g THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO BY:MARY ANN FEUERSTEIN Publisher WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD Subscribed and sworn to before me a BY:Rita Jo Kummer,Deputy Notary Public in and for the County of DATED. November 8, 1978 Weld,State of Colorado, this .. day PUBLISHED: November 9, 1978 and November 30, 1978 in the /� Johnstown Breeze of.. ..�/ Q'�� A D 19 Co Legal 78-250-Clerk to Bd. / / 4,/_, , L ,r oc..L... ), (4t,...,, iL''✓ Notary Public My commission expires //— /-�� •. AFFIDAVIT OF PUBLICATION LONGMONT DAILY TIMES-CALL State of Colorado ) County of Boulder ) ss I, Dan H. Shrac r , do -- -------- NOTICE solemnly swear that the LONGMONT DAILY TIMES-CALL is a Pur;;ant to the 7o no laws of lb State of Colorado and the Weld County Land Use daily newspaper printed, in whole or in part, and published in Code a public hearing will be hclo in the Chambers of the Board of County Cacti the City of Longmont, County of Boulder, State of Colorado, rels51 oar rs of Weld County Co orado Weld County Cettennral Center 91510th and which has general circulation therein and in parts of Boulder Street Greeley Colorado at the Circe hin�tiar All nel Sons in any n n and Weld Counties; that said newspaper has been continuously ',rest,rl n the special Use P`rInt r a yo•;t. o attend 55 •^,, ,r hrarr. and uninterruptedly published for a period of more than six months BE IT SO KNOWN that the t.,t and maps =o certified by the Weld County next prior to the first publication of the annexed legal notice Plana no Commission may be t 'mined d he Oftire of the Clerk to tide Board of of advertisement, that said newspaper has been admitted to the Co_rnty Commissioners locate'• the Weld County Centeno al Center 915 111th United States mails as second-class matter under the provisions Street Third Floor,Greeley Colorado Docket No 7975 of the Act of March 3, 1879 or any amendments thereof and Imparla Cman l C0.,l opy e , '70 Grant otreet cote 100 that said newspaper is a daily newspaper duly qualified for publishing Data Grit roller Di j v qr BColorndo 80201 legal notices and advertisements within the meaning of the laws T'r e 2 00 P M Rt fifes! Spl cial Use Pr r,, ' Open of the State of Colorado; that copies of each number of said ="'"•"" Permit Surface Coal M L()CA' GN Approx r etely four newspaper, in which said notice or advertisement was published 1 r'l,5"as'01 Fr e `oloraoe THE BOARD OF COUN TV COMMISSIONERS were transmitted by mail or carrier to each of the subscribers WELD COUNTY Co I OR ADO BY MARY ANN FFJFRSTFIN of said newspaper, according to the accustomed mode of bus,iess COI,.dTV CL ENV ,ND RECORDER AND_IERK"OCHE BO..RD in this office. BY Kr 101 Heef,nartl Deputy DATE D November 7, 1978 That the annexed legal notice or advertisement was published Pu'I s.h,d n the Dan, 'm's C,I' ,ono Cont Can Dec;mbar. 19'8 in the regular and entire editions of said daily newspaper once Dad II Viliat0 001.1120eXiIQX XICOOKIXX9eXk for the period of one (1) II consecutive insertions; and that the first publication of said notice ---ZC in the issue of said newspaper dated ...N.Pe.Clilllhl*r 4 19 78 , and that the last publication of said notice was in the issue of said newspaper dated fie .ewb.er..4 , 19...l8.. In witness whereof I have hereunto set my hand this 4th day of DecemberIf 19 8 Business Manager Subscribed and sworn to before me this 4th day of December , 19.1$...... My Commission Expires .a.".." ! ,e '7.1- 24...//77,7 Fa.a7.4‹,:ce..) 4.1 /2,47,p!e_el.4-0--"il Notary Public FEE $ 10...47 1-1300-02 SPECIAL USE PI';RMI'I' FLOW SHEET x • . v 11 IJ/ LI'CAN'T: j:YYl .Y1Ql e..00,‘ (��.oler. an CASE #‘--N*-? .. .~,`S't� REQUEST: O C rc Y�vC vy\1 - co r Coo -- LEGAL: PA- 3Qx, t A )T t • ) ^(042)\N / Locak-iow '. L m, 4/j SL j di„ Dacuten Dee., 1 l DATE BY Application Received Bi30 1 1E ` ' Application Fee - Receipt #t Q 55 t G I lib TEC'T Recording Fee Application Complete q 111E TEA i P.C. Hearing Date : OC)rcki( Vii ��lL 911 11U Cho.. Letter to Applicant Drafted "t 1 -ib e likReferrals Listed 1 ?) Q. Field Check by D.P.S . Staff 10/ 1' 1b OAQ/ File Assembled �\\ , - Referrals Mailed ' ' \. .% %CA. Chaindexed \e Notification of Applicant ,��- \N%. Surrounding Property Owners Researched Cl- I. • -1—NAJ Airphoto/Vicinity Map Preapred 9 -13 .--) Tv) Property Owners Notified by: QGk (Q \at ,,,,,\._,\‘,...\--:,0„ % Agendas Mailed by : CJc, , "I ICI ��\ \mss C Q Legal Approved by County Attorney � ii Referrals - Complete `b 5 / lib CACJ p Preliminary D.P.S . Staff Comments 10:1 t[%1 l� - 07'0 Staff Conference + '�`' �� % ' D.P .S . Comments @ e P r\ +,� ,` I ,.'�\ \.`.,�\\`5_E� - \, ,=\11 '�C. P.C . Hearing Action : icW 'J \\—V>\ P.C. Resolution \__ '\'':\% %--C ' Case Sent to Clerk to Board 1119 1b 01\-00' C.C. I I e a r i n g� t Ac t i o n : \XNJa \G-�J`� Q-.. C.C. Resolution Received D \z•s VkWt. N. $?q. History Card Complete \a-)15 %.- N ZS -A. C.C. Resolution Sent to Drafting -- 1 \(\ 'C.:' Drafted on Mylar 3 -1_0- 7c1 Kb Document Sent to Clerk and Recorder 'c. � U " v tb \%- --\\ ••-‘ P.C. Minutes ;":--N: + . - WELD COUNTY , COLORADO SPECIAL USE APPLICATION For OPEN CUT MINE PERMIT (gravel pits , etc. ) Weld County Planning Commission 915 - 10th Street , Greeley, CO For ZONING DEPARTMENT Use Only Case Number : Applicant : 77;i4/0 A,0- (( roc ( Comp u PC Hearing Date : ICC Hearing Date: Section : f4 , Township: ( North, Range : � j West Zoning District : A Acreage Involved: r: Z Ma/ Permit Fee: 150 Receipt Number : (1(2-37 Legal Description Approved By , Weld County Attorney Site Entrance/Exit Points and Off-Site Transportation Routes Approved By , Weld County Engineer Recommended Road/Bridge Fee : /Not Required Refer to : 1 ) Date : 2) Date: 3) Date : 4 ) Date: 5) Date : Application Reviewed By 9,41 Weld County Zoning Department To Be Completed by APPLICANT In Accordance With Procedural Guide Requirements : 1 . I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed Open Cut coal (gravel , coal , borrow pit , etc. ) mining operation for the following described unincorporated area of Weld County : LEGAL DESCRIPTION: A portion of Section 14 Township 1 North Range 68 West con- taining 349 acres. See Exhibit A for a detailed description. TOTAL ACREAGE : 2. Surface owner(s) of area of land described _Name : Union Pacific Land Address : Tax Dept. UPRR Co.Phone : 402-271-4444 Name : Resources Corp. Address : 14116 Dodge St. Phone : Omaha, Nebr. 68102 3 . Owner(s) of mineral rights to substance to be mined Name : Same Address : Phone : Name : Address : Phone : 4. Source of applicants Legal Right to enter and to •mine on the land described : See Exhibit 0 (Attach Certified Copy of any Document noted to the Back of This Form) Je 5. Address of applicant and general office Applicants address : Imperial Coal Company Phone : 303-837- 1242 General Office address : 770 Grant St. , Suite 100 Phone : Denver, CO 80203 6. Identify any prior permits for open cut mining held by applicant or affiliated person : None. 7. Description of Operation a. Types and number of operating and processing equipment to be employed : Equipment Employes Equipment Employe Overburden Shovel 1 Coal Drill 3 (Same three Overburden Truck (8) 8 as with 0. Drill) Front End Loader 1 Scraper 1 Overburden Drill 3 Dozer 1 : Total- 15 b. Maximum number of employees: 15 , and number of shifts : 1 c. Number of stages to be worked: 1 , and periods of time each is to be worked: 8: 00 AM to 5:00 PM d. Thickness of mineral deposit : 8.5 feet , and thickness of the overburden : 25 to 170 feet. e. This will be a wet/dry pit operation f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must) be coor- dinated with County Engineer) : Entrance wi l l be onto County Rnad `8 thence westward for z mile to plant facilities (tipple) . Route will cross bridge 89 A. 8 . Description of Rehabilitation a. Proposed rehabilitation land use(s) : Dry Land Farming b. Source of technical advice for reclamation : REMENCO CORPORATION, ENGINEERING AND MANAGEMENT SERVICE FOR THE MINING INDUSTRY c. Explanation of Reclamation Process: Reclamation will be a part of the ongoing mining operation. After the overburden has been replaced topsoil will be applied and graded. Soil tests will be made and appropriate fertilizer applied before the planting of winter wheat. For a more detailed explanation, see Exhibit E , page 10 I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or con- tained within this application are true and correct to the best of my knowledge. COUNTY OF Weld STATE OF Colorado I/2 ---- --Na'... ! it S ''gnature : Owner/Authorized Agent Subscribed and sworn to beforeile this 5f1,) day of 19 7d' e -3'/ 1A--e— S E A L NOTARY PUBLIC My Commis4ion expires lny commission expires June 23, 1981 1 , I SPECIAL USE PERMIT FOR OPEN CUT MINE (COAL) Weld County Planning Commission August 28, 1978 • WELD COUNTY , COLORADO SPECIAL USE APPLICATION For OPEN CUT MINE PERMIT (gravel pits, etc. ) Weld County Planning Commission 915 - 10th Street , Greeley, CO For ZONING DEPARTMENT Use Only Case Number: Applicant : PC Hearing Date: CC Hearing Date: Section: , Township : North, Range: West Zoning District : Acreage Involved : Permit Fee: Receipt Number : Legal Description Approved By , Weld County Attorney Site Entrance/Exit Points and Off-Site Transportation Routes Approved By , Weld County Engineer Recommended Road/Bridge Fee : /Not Required Refer to: 1 ) Date: 2) Date: 3) Date: 4) Date: 5) Date : Application Reviewed By Weld County Zoning Department To Be Completed by APPLICANT In Accordance With Procedural Guide Requirements : 1 . I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed Open Cut coal (gravel, coal , borrow pit , etc. ) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION: A portion of Section 14 Township 1 North Range 68 West con- taining 349 acres. See Exhibit A for a detailed description. TOTAL ACREAGE: 2. Surface owner(s) of area of land described _Name: Union Pacific Land Address:Tax Dept. UPRR Co.Phone: 402-271-4444 Name: Resources Corp. Address: 14116 Dodge St. Phone: Omaha, Nebr. 68102 3 . Owner(s) of mineral rights to substance to be mined Name : Same Address: Phone: Name : Address: Phone : 4. Source of applicants Legal Right to enter and to mine on the land described : See Exhibit 0 (Attach Certified Copy of any Document noted to the Back of This Form) 5. Address of applicant and general office . Applicants address: Imperial Coal Company Phone: 303-837- 1242 General Office address : 770 Grant St. , Suite 100 Phone : Denver, CO 80203 6. Identify any prior permits for open cut mining held by applicant or affiliated person: None. 7. Description of Operation • a. Types and number of operating and processing equipment to be employed: Equipment Employes Equipment Employe Overburden Shovel 1 Coal Drill 3 (Same three Overburden Truck (8) 8 as with 0. Drill) Front End Loader 1 Scraper 1 Overburden Drill 3 Dozer 1 : Total- 15 . b. Maximum number 'of employees: 15 , and number of shifts,: /1 c. Number of stages to be worked: 1 , and periods of time each is to be worked: 8:00 AM to 5:00 PM d. Thickness of mineral deposit : 8.5 feet , and thickness of the overburden: 25 to 170 feet. e. This will be a wet/dry pit operation f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must) be coor- dinated with County Engineer) : Entrance will be onto County Rnad"8 thence westward for i mile to plant facilities (tipple) . Route will cross bridge 89 A. 8 . Description of Rehabilitation a. Proposed rehabilitation land use(s) : Dry Land Farming b. Source of technical advice for reclamation : REMENCO - CORPORATION. ENGINEERING AND MANAGEMENT SERVICE FOR THE MJNING INDUSTRY c. Explanation of Reclamation Process: Reclamation will be a part of the ongoing mining operation. After the overburden has been replaced topsoil will be applied and graded. Soil tests will be made and appropriate fertilizer applied before the planting of winter wheat. For a more detailed explanation, see Exhibit E. page 10 I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or con- tained within this application are true and correct to the best of my knowledge. COUNTY OF Weld - STATE OF Colorado a214-b\-- S 'g ture:= Owner Authorized Agent Subscribed and sworn to before e this ,16W1 day of � - 19 7d' 747-v3-76/u, / /a /�% S E A L NOTARY PUBLIC My Commission expires My commission expires June 23, 1981 SUMMARY Imperial Coal Company intends to open a surface coal mine in Section 14, Township 1 North, Range 68 West in Weld County. This coal will be mined from an 8.5 foot thick seam that will be at depths of between 25 and 170 feet. The coal will be uncovered using a shovel to dig it and dump the overburden into trucks which will carry it out of the mined area into an area already mined. Top soil , which has been previously segregated, will then be placed on top, graded, fertilzed, and planted to the existing winter wheat crop. The coal will be hauled out of the pit by truck and along a private haulage road to where it intersects County Road 8 about z mile east of the tipple (plant) where the coal will be crushed and screened. This route of travel will cross County Bridge 89A. After the coal is screened, it will leave the tipple via either trucks or railroad cars. This tipple is located at the Eagle Mine site where coal has been mined for the past 20 years. During year seven of the mining operation, coal will have to be removed from underneath the Stanley Ditch. This ditch is controlled by The Farmers Reservoir Irrigation Company. Contact has been made with the president, Adolph Bohlanda' to obtain per- mission to mine under this ditch. ENVIRONMENTAL IMPACT The Eagle Strip Mine will conform to the regulations of the State and Federal Reclamation Laws. The regulations cover all aspects of the mining and reclamation operations. The land overlying the coal deposit is currently being used to raise winter wheat. The land will be restored after mining to the same usage. The mining regulations cover the use of explosives and notification of blasting times, size of explosive charges, etc. to minimize the noise and seismic effects of blasting on the immedi- ate area surrounding the mine site. Blasting may not be required. Air and water quality is regulated by State regulations that are approved by the Federal government. The engineering design of the mine has taken these regulations into account and will pro- vide compliance for the protection of the environment. The regula- tions cover the dust suppression on haulage roads as well as providing stabilization of overburden and topsoil storage stock- piles. Imperial Coal Company is dedicated to the principal of surface mine reclamation so the lands may be preserved, while pro- viding a needed energy source for our local and national well being. ECONOMIC IMPACT The Imperial Coal Company has been mining in the Weld County area over fifty years and during that time has provided em- ployment for as high as 200 people. The strip mine project will provide an employment base for approximately 15 people over the eight year life of the project. This will add approximately $300,000 in wages to the local economy. In addition, service re- quirements of the mine will add additional income to the local economy. The mine is planned to minimize the area of disturbance to the surface. Basically, the area disturbed will be minimized to requirements for mining on a yearly basis. As mining progresses, the disturbed areas will be reclaimed and placed back in condition for its original usage. The coal extracted is estimated to have a value of approxi- mately $250,000 per acre while the farm land will yield from $80.00 to $120.00 per year in wheat production when planted. Normal plant- ing cycle generally is every two years. It should be noted that the disturbed land should not be out of production more than one year and with coordinated planning this could be during the normal fallow seasons of this type of crop. A strip mining operation dedicated to good mining and reclamation practices can be compatible with the previous surface usage while mining and restoring the land back in condition for its reuse. SPECIAL COUNTY PROBLEMS County Road 8 is a gravel road between 1-25 and the point where the haulage road intersects it. Imperial Coal Company will apply proper dust supression techniques to control the dust in order to comply with the regulations of the State Health Department air pollution permit. County bridge 89 A will have to be crossed in the above mentioned section of the road. This bridge has a 10 ton load limit and will have to be upgraded to meet the larger coal truck limits. Application For MINED LAND RECLAMATION PERMIT By Imperial Coal Company August 22, 1978 • 1 . Name of Operation Eagle Strip Mine 2. Name of Applicant Imperial Coal Company 3. Address and Phone Number of Local Offices Imperial Coal Company 770 Grant Street #100 Denver, CO 80203 Phone 303-837-8355 4. Address and Phone Number of General Office Same 5. Name and Address of Person Whom Staff Member Should Contact James D. Asher 770 Grant Street #100 Denver, CO 80203 6. Parent Corporation None 7. Owner of Record of Affected Land (Surface Area) Union Pacific Railroad 8. Owner of Substance to be Mined See Exhibit P 9. Source of Legal Right to Enter See Exhibit 0 10. Type of Mine and Substance to be Mined Strip Mine Substance Mined Is Coal 11 . General Location and Elevation of Operation Mine is located 3z miles east of Erie, Colorado. The mine is most easily reached via Interstate Highway 1-25 to Exit 116 and then if mile east. The elevation of the general permit area is 5120 feet. 12. County Weld 13. Acreage of Affected Lands 360 Acres 14. Application Fee Basic Fee ----$ 50.00 50 Acres x 15= 750.00 50 Acres x 10= 500.00 50 Acres x 5= 250.00 110 Acres x 1=• 100.00 Total $1,650.00 15. Present Land Use of Area Dry Land Farming 16. Surrounding Land Use Dry Land Farming 17. Proposed Future Land Use Dry Land Farming 18. Other Mining Permits and Operations in the State of Colorado Imperial Coal Company 19. The Lands Do Not Affect Any of The Lands Described in Section 1 .56 (9) Applicant's Signature G3--ro...L) -f, ale...—__ James D. Asher President, Imperial Coal Company EXHIBIT A Legal Description CERTIFICATE OF sURVEY Weld County, Colorado . I CL JET p0At,W.c. A) ,_j 3 G 3di iwc•S� Y 41 O rli Al 2 N a, bto t 33 O �l N 8s°isk • 3`/ 7 A c_r'e_5 �a ! l L/Ova' 3 • N 0 7Z f, 4c O z L Co)4J j go N S9°/s.E I, Billy G. lio.1loway, certify that the above plat is an accurate survey described as follows. Commencing at the Northeast corner of section 14 T1N R68W 6 PM, thence West along the North line of section 14 3630 feet, thence South and parallel with the Sast line of section 14 1320 feet, thence East and parallel with the North line of section 14 330 feet, thence "outh and parallel withthe East line of section 14397a feet to a point on the "outh line .of section 14, thence N89°15'E along the Jouth line of section 14 2640 feet, thence North and parallel with the East line of section 14 3270 feet, thence N89°15 'E 660 feet to a point on the "ast line of section 14, thence North along the East line of section 14 1939 feet to the point of beginning. (� r �1 ttmrn�,� ,//V/ August 7, 1978 .•.•`y,;,,0,[04,1.,, �' �`�.�*OSIER?.,9`'.��,. registered La d Surveyor o. 2853 • State of Colorado * • 2853 !* 9 ,, ,,ct: �. Q., ',. !' ••.....• .,�.;, ,•OF cO' *• EXHIBIT B Index Nap . H HI'/' • �� . h ga O • g •75 . : j •o • f � G \ —41 4 ` a O 1 t t i . Junc . 0 .�!1 (In 5070_ ' s�o 4134 �` P- r rt o 4, O aso 5i . if— TIN-- .6, Q' C7111 . • c t 15 X37 1 "JJJ c‘11-' y I 15 1�1 ation 1 ' I - a u33 �� F M r� . • 77) .7 <2,.„.,./ ' (/ /ice v 0 1 -�/�• I /�— �� as \, E 1 5 509` ` lII O 570.. -- - 26 o y t� 11 1 -., 2.30., \ r- i 1 ..i-",: -rj ; / 04.r / �, 8 :M c°,°� .� ti�,� / I 5\ 15 . 1 . McNickle, James L. & Eva M. 6. Cosslett, Richard Etal 2475 Winona Court c/o First National Bank Denver, CO 80212 303-433-7039 Longmont, CO 80501 303-776-5800 2. Wright, Maybelle & Annie Jane 7. Davis, Charles S. & Alma G. Box 94 3400 East Tennessee Erie, CO 80516 303-828-3261 Denver, CO 80209 303-777-8941 3. Butland, George M. & Hilda 8. Crandell , Helen A. 4 Int. & 4281 Weld County Rd. 10 Crandell , Helen A. Trustee- 3/4th Int. Erie, CO 303-288-9234 1223 Race Street #905 Denver, CO 80222 303-377-2292 4. Colorado Serum Co. 4950 York Street 9. Hamilton, Frnacis W. Denver, CO 80216 303-623-5373 Land Owner # 24830 . Smith, Roger N. & Sherry L. Smith 5. Union Pacific Land Resources Corp. 4022 Weld County Rd. 11 Tax Dept. UPRR Co. Erie, CO 80516 No Phone Listing 1416 Dodge Street • Omaha, Nebr. 68102 402-271-W4 EXHIBIT C Pre-Mining and Mining Plan Map See Map Pocket EXHIBIT D & E Mining Plan and Reclamation Plan REMENCO CORPORATION Engineenng& Management Service To The Mining Industry Coal, Uranium&Non-Metallic Minerals 770 Grant Street,Suite 238 Telephone Denver,Colorado 80203 (303)831-1402 File No. 010662. 18 August 15 , 1978 Mr. Kenneth L. Schlagel Imperial Coal Company 770 Grant Street, Suite 100 Denver, Colorado 80203 Dear Mr. Schlagel: In the following report, you will find a proposed mine plan and equipment selection for the Eagle Surface Mine. During the study, it is assumed that all of the problem areas such as , water canal and oil pipelines influencing the mining area, will be taken care of before the mining is resumed. For example, the Stanley Ditch would be diverted temporarily during the mining in the ditch area or the area would be mined when the canal is dry. Oil pipelines would also be shut down or rerouted during the mining in the pipeline area. Surface facilities from the Old Eagle Mine will provide office and administration buildings , scale, coal crusher, explosive storage, parking, warehouse, change room, etc. If you have any questions concerning this project, please feel free to contact Mr. Robert Reeder or Mr. Kadri Dagdelen. Very truly yours, o , a cfc& R. T. Reeder, P . E . President RTR mf • REMENCO CORPORATION • TABLE OF CONTENTS SECTION PAGE I. INTRODUCTION 1 II. GENERAL DESCRIPTION 1 III. DESCRIPTION OF MINE PLAN 1 IV. PRODUCTION RATE AND SURFACE DISTURBANCE 2 V. THE METHOD OF EARTH MOVING 2 - Top Soil Removal 2 - Overburden Removal - General 3 - Overburden Preparation 3 - Overburden Charging and Blasting 5 - Overburden Excavation 6 VI. COAL REMOVAL 6 - Coal Preparation 7 - Coal Loading and Hauling 7 - Coal Storage Loading and Crushing 7 VII. RECLAMATION PLAN 10 - Top Soil Handling 10 - Spoil Grading 12 - Solid Waste 13 - Reclamation of Mine Support Facilities 13 - Surface Water Drainage 13 VIII. SUPPORT FACILITIES 14 - Layout of Mine Support Buildings & Facilities 14 - Haul Roads 14 - Storage Facilities 15 - Fuel Storage 15 - Explosive Storage -- 15 - i - REMENCO CORPORATION APPENDIX A PAGE - Capital Expenditures 16 - Ownership and Operating Cost by Function 17 - SHOVEL SELECTION 18 - Operating Cost 19 - Ownership Cost 20 - Shovel Specifications 21-24 - TRUCK SELECTION 25 - Truck Specifications 28-31 - Owning and Operating Cost 32 - FRONT-END LOADER 33 - Operating and Ownership Cost 33-34 - Specifications 35-38 - DOZER SPECIFICATION 39-40 - Owning and Operating Cost 41 - SELECTION OF SCRAPER FLEETS 42 - Operating Cost 43 - Ownership Cost 44 - SELECTION OF OVERBURDEN DRILLING & BLASTING 45-49 - Drilling Cost 50 - Operating Cost 50 - Ownership Cost 51 - Blasting Cost 52 - Drill Specification 54-59 - SELECTION OF COAL DRILLING &- BLASTING METHOD - 60 - Drilling Cost 62 - Operating Cost 62 - Ownership Cost 62 - Blasting Cost 64 - ii - • REMENCO CORPORATION APPENDIX B PAGE - GRAPH NO. 1: SHOVEL POWER CONSUMPTION/HR 66 - GRAPH NO. 2: SHOVEL MAINTENANCE & REPAIR COST 67 - GRAPH NO. 3: HORSEPOWER VS. FUEL CONSUMPTION 68 - GRAPH NO. 4: SCRAPER CAPACITY VS. TIRE COST RATIO 69 - iii - REMENCO CORPORATION LIST OF TABLES AND FIGURES PAGE TABLE I - YEARLY PRODUCTION RATE 4 FIGURE 1: PLAN AND CROSS SECTIONAL VIEW FOR THE MINE 8 FIGURE 2: ARTIST CONCEPTION OF PROPOSED EAGLE SURFACE COAL MINE 9 FIGURE 3: ARTIST DRAWING OF THE MINING OPERATION 11 APPENDIX A FIGURE 1: BLAST HOLE GEOMETRY 47 FIGURE 2: BLASTING PATTERN 49 EXHIBITS EXHIBIT 1: LOCATION OF MINE AREA 70 EXHIBIT 2: PRELIMINARY MINE PLAN 71 -iv- REMENCO CORPORATION -1- I. INTRODUCTION This report provides coal mining aspects of the Eagle Surface Mine in Weld County, Colorado. Its intended use is to assist Imperial Coal Company in preparing documents to submit to the County, State and Federal governments for input into required permits. • II. GENERAL DESCRIPTION The proposed Eagle Surface Mine is located approximately 20 miles north of the City of Denver, Colorado (Exhibit B ) . Mine site area encompasses a portion of Section 14 of Weld County and is underlaid by 1. 85 million tons of recoverable coal. Numerous features associated with their production may complicate the development of the mining operation. These are: 1. Oil wells #2 and #3 (Owned by Chaplin Oil Company) 2. Stanley Irrigation Canal 3. A natural gas pipeline 4. Oil pipeline connecting oil wells to Tank Battery III. DESCRIPTION OF MINING PLAN Coal will be produced by a surface mining method with overburden material loaded by BE 155-B, 6 cu yd*- •shovel *According to the manufacturer, the proposed shovel' s dipper capacity may change to 6 cu yd. • - REMENCO CORPORATION _2_ into 36 ton, International Model 330 trucks for removal and disposal into a previously mined area. This is a haul back method of strip mining. This will eliminate the need for large waste dump areas to speed the reclamation and comply with the new surface mining regulations. The exposed coal will then be loaded into haul trucks by a front-end loader for transportation to a storage area located at the present Eagle Mine. The details as they related to overburden, coal preparation and removal are discussed in subsequent sections. IV. PRODUCTION RATE AND SURFACE DISTURBANCE The planned ultimate capacity of Eagle Strip Mine is 250, 000 tons of coal annually. The yearly production and acres disturbed of the mine area are shown in Table 1. V. THE METHOD OF EARTH MOVING Top Soil Removal Top soil suitable for plant growth will be removed from the initial cut and stored until reclamation of final mined pits is accomplished. Top soil stockpiles area is shown on Exhi- bit D Map.. After the initial cut, top soil will be immediately transferred to a graded area for final reclamation. By cycling the scraper between the prestripped areas and dump • REMENCO CORPORATION -3- points within current reclamation surfaces. This removal process will be accomplished by utilizing Caterpillar 627 B Tandem Scraper, with operational capacity of 17 cu yds, 1 shift per day, 5 days a week, 240 days/year. Overburden Removal - General Overburden must be removed to expose the coal seam for extraction. The process possibly involves drilling holes in the overburden, charging them with explosives and blasting to loosen the overburden. Overburden material will then be removed by a truck-shovel system and placed away from the pit which is being mined. These procedures are described in the following sections. This method is assuming the overburden will require blasting prior to extraction. Ripping by bulldozers will be used if the overburden material is ameanable to ripping . Overburden Preparation After the top soil has been removed, all remaining unconsolidated material will be removed by the scraper. After the consolidated material has been reached, blast holes will be drilled by Ingersoll-Rand T-4 Drillmaster, 6 in. in diameter and 30 ft by 15 ft pattern. These blast holes will extend through the overburden for 30 ft benches. The drilling REMENCO CORPORATION • -4- TABLE 1 YEARLY PRODUCTION RATE Overburden Stripping Acres Year Tons Recovered Volume Yd3 Ratios Disturbed 1 100, 000 302,133 3. 0 6. 24 2 254 , 019 907, 629 3. 6 16. 84 3 240, 000 1,154, 221 4. 8 15. 83 4 250,000 2,164,889 8. 7 20. 81 5 250, 000 2,527, 925 10.10 17. 68 6 250, 000 3, 069,370 12. 3 17. 33 7 257, 000 2,599,370 10.1 12.24 8 250, 000 3, 973,444 15. 9 16.51 Total 1,851, 019 16,698,981 9. 0 123. 48 REMENCO CORPORATION • -5- pattern is designed by considering composition and thickness of overburden, the explosives velocity and density, and the drill bit diameter. Drill cuttings will be removed by compressed air and collected by a dust collection system built into the drill. These cuttings will then be deposited on the ground near the hole, to be used later for stemming of the holes after the placement of the explosives. Overburden Charging and Blasting The holes will be charged with AN/FO. The amount of explosives used is calculated to be 230 lbs/hole based on the type of material in the area, spacing of the adjacent holes and total depth of the overburden. The hole charging operation is designed to minimize manpower requirements for placement of blasting agents in the bore holes. Initially, a cast primer is placed at the bottom of the hole and suspended on a single line of reinforced prime cord. AN/FO, an ammonium nitrate and fuel oil mixture, is then delivered to the hole and placed to the 23 ft of column height by a mix-and-load tank truck. When two rows and 14 holes have been drilled, charged, and all equipment has been removed to a safe distance, each hole will be connected for detonation. Delay connectors, insuring • REMENCO CORPORATION -6- properly timed detonation of the holes, will produce optimum size fragmentation while producing minimal vibration, noise and dust in compliance with Part 715.19 of the surface mine rules and regulations. Overburden Excavation A truck-shovel system has been selected for the removal of overburden. After the overburden has been blasted, it will be dug by a BE-155 B electric shovel with 6 cu yd bucket and loaded into International 36 ton rear-dump trucks for removal. The truck-shovel system will remove the overburden from a 200 ft wide area by 30 ft slices or benches along the length of the pit until the coal is exposed. Overburden will be hauled from the pit by use of haulage ramps in the highwall side of the pit and dump into previously mined out pit. Figure 1 and Figure 2 show typical pit arrangements. This system will be repeated down dip of the coal seam until overburden thickness has reached to 170ft depth. A suitably sized front-end loader may be substituted for the electric shovel. VI. COAL REMOVAL The following discussion details-the preparation, charging and blasting, hauling and haulage of the coal. • REMENCO CORPORATION • -7- Coal Preparation When the coal seam has been uncovered and cleared of extraneous material, Damco D-300 drill will be moved onto the coal surface and will drill 21/2 in. diameter holes through the 8.5 ft thick coal. The drill holes will be drilled on a 7 ft by 7 ft pattern. Adjustments will be made in drilling patterns for optimum fragmentation as required. Holes will be charged with packaged AN/FO and detonated. Coal Loading and Hauling After the coal has been blasted, a 6.5 cu yd Payline International, H-8013 B pay loader will load the wal into 36 ton International trucks for haulage to the Old Eagle Underground Mine loader facilities. This rubber-tired, articulated, front-end loader will dig coal from a coal face at the end of the cut, one shift a day and load into the trucks. These haulage trucks will deliver the coal to the stockpile to await crushing and loading into railroad cars. (See Figure 3) . Coal Storage Loading and Crushing The coal storage area will be located south of the railroad spur in Selection 15. Coal will be crushed and stored in existing facilities. REMENCO CORPORATION -8- 4 w In co P a) W a-1 H z � o r� O H W T I H I � 4' I I a CO 44 o I 1 W •rl o I W N I W 2 + I w � .0 o ° 0 o I U H O 4i N .41-21 4-) li W 4-1 4a 44 w _ o —1,^•r— o v.v. O O uJ a) o o O U N N N N N u] N > o W0 N o 0 RS 04 0 N 0 a -i— N a 4.. .. H N c7 H W • . ‘ .. A 4J REMENCO tORPI RA ,h -- . • `. H 44 III)' I Qo I °° i . . -9- 44 if I .\1\ .\\I I%% E I \ \ i .O j w I en U 4 N I •3 co w W O a � Di 4 o w 41 I a • to ,sa w 3 ro in w U p w o I • O H O N a o H I g l I. \ 1 L N .% ,,.%\....\:.. ...\,�� , H '�• k---- \._ • y \ • < w REMENCO CORPORATION -10- VII. RECLAMATION PLAN The preliminary reclamation plan of Eagle Surface Mine is designed to return the disturbed area to its premining land use of agriculture. These reclamation activities will be conducted in strict adherence with Rule 6 of Rules and Regulations, Colorado Mined Land Reclamation Board. The following discussion will include top soil removal, stockpiling and redistribution; regrading of overburden to the final contour; final reclamation of surface facilities at mine completion, solid waste disposal; and finally, water drainage. Top Soil Handling Top soil which is suitable for agriculture will be removed from the area before any mining commences. The first cuts in the mining area will be hauled and stockpiled as shown in Exhibit D :4ag . These stockpiles will stay in place until the last pits are mined and will be used for top dressing of the final cuts. Therefore, the stockpiles will be seeded with fast cover grasses to eliminate errosion and deterioration and be labeled as top soil. The following table shows the list of grasses: • -11- REMENCO CORPORATION w / `H 0 o 0 w N I O it . _ ► -- 44 __----' ••••• o ' a z _- r2:1) I die 60°. . • 0 ° _--- �o al � � � � , I a ;7/ lir iki 1 I ( H -to , ik i ji I t. ____ ______-:_ . t _ '\ _ j4' *1 ri :_3, 0 i' J I ^ fflI � 4, 'I . a OI w ' w \i \ 'i __________:____-7-3 . . :' .- 1 -• \ \ -• - '-- ____, ------- -;-: . I \11 • 1 \ ______________:...>:---;. --. I _ ; / •'0' . - ,-- -, REMENCO CORPORATION -12- POTENTIAL GRASS SPECIES FOR TOPSOIL Grasses: COMMON NAME SCIENTIFIC NAME Crested Wheatgrass Agropyron criotatum Intermediate Wheatgrass A - Intermedium Siberian Wheatgrass A - Sibericum Western Wheatgrass A - Smith Blue Grass Bouteloua gracilis Russian Wild-Frye Elymus gracilis After the initial mining process, the top soil from ensuing cuts will be removed and hauled to regraded areas from previous cuts in a one-cycle operation, thereby eliminating additional topsoil stockpiles. Berms will be constructed around the stockpile area to prevent runoff of any top soil material. Spoil Grading Overburden will be dumped into a previous mined area, as a part of the regular mining operation, thereby greatly reducing the required grading. This grading will be accomplished with TD-2015 International Dozer. REMENCO CORPORATION -13- It is recognized that there will be areas of extreme compaction due to grading. These areas will have to be disced or scarified to loosen the surface crust prior to the application of the -topsoil. After topsoiling the regraded area will be shaped to approximately the original contour configuration. Solid Waste All solid waste from the mine facilities will be placed in a landfill in compliance with the Colorado Solid Waste Management rules and regulations. Any toxic material that future studies disclose will be disposed of in such a manner as to prevent any pollution to the environment. Reclamation of Mine Support Facilities All roads, powerline right-of-way, drainage ditches, etc. will be reclaimed after mining ceases in such a manner as to blend in with the original topography. Surface Water Drainage To assure the quality of natural surface water drainage, water control facilities must be constructed at location as shown in Exhibit (D flap) to intercept all runoff water. originating REMENCO CORPORATION -14- within areas affected of mining operations. The control facility will be designed in such a way to detain water for a period of time to allow sufficient settling of sediment to achieve outlet quality standard. Any pit water accumulated will be pumped into ditches as shown in Exhibit D Map which will drain into the sediment control system. VIII. SUPPORT FACILITIES All required facilities to maintain a safe and efficient mining operation are described in the following sections. Layout of Mine Support Buildings & Facilities All support facilities are located in Section 15. These Old Eagle Underground Mine facilities include: scale, stockpile area, crusher, loading bins, space for administration, laboratories, equipment maintenance, general shop, fire installation and repair, change room and warehousing. Haul Roads - Haul roads will be constructed and extended as mining progresses. This width will be 65 ft with a usable surface of 50 ft. Construction will consist of 12 to 15 in. of rock • base topped by 4 to 6 in. of gravel cover. The haul roads will be watered to prevent excessive dust for personnel comfort, operational efficiency and maintain air quality standards. REMENCO CORPORATION • -15- Storage Facilities Fuel Storage Fuel Storage of diesel oil for fueling mobile equipment and for mixing with dry ammonium nitrate prills will be delivered by tank trucks and unloaded into one 50,000 gallon above-the-ground storage tank at the Eagle Underground Mine facilities. Explosive Storage Ammonium nitrate prills are to be stored in a 75-ton, drive-under silo adjacent to the shop-warehouse. A magazine at the same location will beised for Class A explosive (which can be caused to detonate by means of a blasting cap) and Class B '(blasting agents such as waterproof bags of nitro carbo-nitrate (NCN) , Blasting caps will be stored separately, but in the same area as the Class A and B magazine. All magazines will be located to comply with distance requirements as specified in "American Standard Table of Distances" . EXHIBIT F Reclamation Plan Map See Map Pocket EXHIBIT G Water Information EXHIBIT G WATER INFORMATION The Laramie-Fox Hills aquifer is a major aquifer of the Denver Basin and of the permit area. This aquifer is so named because it contains in ascending order the Milliken sandstone mem- ber of the Fox Hills formation and the A and B sandstones of the overlying Laramie formation. At the permit area, this aquifer is reported to be approximately 250 feet thick. Drilling information shows a lack of development of the A and B sandstones in the area. Holes were drilled to the top of the Milliken member and these show tight thin interbedded sandstones and slates with little ability to produce water. Rocks above the coal seam are also interbedded thin sandstones, 5-20 feet thick, and showed little water bearing characteristics. It is therefore believed that in the mining of the coal , very little water will be encountered and the operation will not directly affect the groundwater or surface water systems. EXHIBIT H Wildlife Information • STATE OF COLORADO Richard D.Lamm,Governor DEPARTMENT OF NATURAL RESOURCES 1A •,.rGO R400 DIVISION OF WILDLIFE dct: •Jack R.Orieb, Director J, 5 icr 6060 Broadway La w'4•. OF Denver, Colorado 80216 (825-1192) July 20, 1978 Mr. Kenneth L. Schlagel The Imperial Coal Company 770 Grant Street, Suite 100 Denver, Colorado 80221 Dear Mr. Schlagel: As per your request, attached is a wildlife statement for your proposed operation, prepared by our biologist, Don Bogart. In cases such as this, we find the Soil Conservation Service re-seeding recommendations to be adequate for wildlife purposes, but I pre- sume this will be reclaimed to its original form land condition. This should not further impact wildlife resources of the area. If I can be of assistance, please feel free to contact me. Cordially, g .ti.,i Allen F. Whitaker Reclamation Coordinator AFW:jb Attachment: DEPARTMENT OF NATURAL RESOURCES, Harris Sherman, Executive Director • WILDLIFE COMMISSION, Sam Caudill, Chairman Michael Higbee, Vice Chairman • Jay K.Childress, Secretary • Jean K.Tool,Member • Vernon C.Williams,Member Thomas Farley, Member • Roger Clark, Member • Wilbur Redden,Member WILDL STATEMENT FOR MINE PERMIT A] CATION • 1. Mine Company Imperial . 2. Mine Type and Location • Coal - Open Pit - Sec 14, T1N, R68W • • • 3. Duration of Operation Indefinite • • 4. Total Area Disturbed 360 Acres • 5. Wildlife Species List Coyote, Fox, Pheasant, Seasonal Songbirds, Raptors, Numerous — Small Rodents, Rabbits and Skunk 6. Endangered Species Impacted No known threatened or endangered species 7. Assessment of Mining Impact on Wildlife ' - � Minimal - the area is now either dry farmed with wheat or summer follow. 8. Proposed Mitigation Measures Including Reclamation for Wildlife Habitat Stockpile topsoil and reclaim area at the termination of mining. • Prepared by de) , I Title Environmental Biologist Don Bogart/ Date July 18, 1978 / / • EXHIBIT I & J Soil and Vegetation Information p INVENTORY AND EVALUATION . SOIL AND WATER RESOURCES • . . O , SOIL CONSERVATION SERVICE . U.S. DEPARTMENT OF AGRICULTURE i i O GPO:1970 O-403-704 TITLE: SOIL AND VEGETATIVE SURVEY FOR: THE IMPERIAL COAL COMPANY BY: CHERI BASHOR, RANGE CONSERVATIONIST IN COOPERATION WITH: LONGMONT SOIL CONSERVATION DISTRICT SCS-CONS-5 U. S. DEPARTMENT OF AGRICULTURE REV. 11-79 SOIL CONSERVATION SERVICE FILE CODE CONS-14-5 . INDIVIDUAL INVENTORY & EVALUATION * GROUP UNIT OF GOVERNMENT REQUESTED BY The Imperial Coal Company LOCATION 770 Grant Street, Suite Kenneth Schlagel - 100, Denver, CO ASSISTED BY Cheri Bashor DATE 7-27-78 SITUATION: Soil and vegetation surveys requested for a proposed mine site. This would be an open mine. The area is located just east of I-25, 3 miles southwest of Dacona in T1N, R68W, Sec. 14. SUGGESTED SOLUTION (S) : Attached is the following information: 1. Sketch map of soils. 2. Soils descriptions. The land is currently being used for nonirrigated cropland in a rotation of wheat and summer fallow. There are no plant species that are on the endangered species list. *Circle appropriate category. SCS-CONS-16 U.S.DEPARTMENT OF AGRICULTURE OCTOBER 1974 SOIL.CONSERVATION SERVICE SOIL MAP Owner _ Operator County WF L 1) State GOLDRAN) Soil survey sheet(s) or code nos. Approximate scale 4 11= I-mil Prepared by U. S. Department of Agriculture, Soil Conservation Service cooperating 1 with LDNI'zJiI)I(T .Sul1. Conservation District N ►I ►z ill-G �bAce),9 ly 13 $c tolA bb8-CD b7-C, 1M-8 ICI-C F T A ...... . ...... 8 bb8' b(� N Me Vio-G i 1 II lYc in-B R68W r • ▪ W n m '-C 0 C•• A 01 b r • .d w H 0. 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CD D) r y 7 O• ' 0. _ A fD A '4 C-. 07 . r 7 C Ca o r.. •--.1 CD V 0rr 7 0 0 E a' 03 0 7 O 03 el O 0 r• CD :1 N , w el n r P.. y C Ca •1 W N m .d r w n rr DJ n n R et 09 G 7 0 n •G r` E 7 09 r V ft •t n r•. m [7 3 R b p• fD ~ m r w f0 0 fJ 7 m 9 .q 7 R N m R O. n rr R C 0 `C r •••• V fD W W y Cl. r 3) f. A". a r' N I.- 'O '1 7 w 0 E E I . m M M m rr 6. 7' ,-- fD o r• 0 O R r r, 03 ft 0 C. '1 O' o m N p• - r r o G n ca r� a n = m R Cl 0 r m r- N Cr N O O (D ^ r. '7 o 7 w 7 - M 93 7 I Cl 7 'D 't Cl a 7 C £ G y < T N R • it CD M r Y 7 C. 0 R '7 R n r r r. d C. .ID 7 ' C. v Cl • M o . CDD 7 7- 0D 09 0 t 0.r R r 0 03• rw R ..1' m 7 7 ,- N 7 .7 n N r O 7 n C. R K I, CO 7 r..• f) f) O _ t"' 0 r rr C. W P G 0. O `" N r) 7 7 fD et n p .- •., 'C EXHIBIT K Climate Local Klima ' logical Data P��Ni °F`°�4f, Annual Summary With Comparative Data o EXHIBIT K * Z' a'' 197 Climates Q o 7,1 r )'%''........,...*•••--DENVER, COLORADO STATES OF P. Narrative Climatological Summary Denver enjoys the mild, sunny, semi-arid climate that prevails over much of the central Rocky Moun- tain region, without the extremely cold mornings of the high elevations and restricted mountain valleys during the cold part of the year, or the hot afternoons of summer at lower altitudes. Extremely warm or cold weather is usually of short duration. . , Air masses from at least four different sources influence Denver's weather: arctic air from Canada and Alaska; warm moist air from the Gulf of Mexico; warm dry air from Mexico and the southwest; and Pacific air modified by its passage over coastal ranges and other mountains to the west. The good climate results largely from Denver's location at the foot of the east slope' of the, Rocky Mountains in the belt of the prevailing westerlies. During most summer afternoons cumuliform clouds so shade the City that temperatures of 90° or over are reached on an average of only thirty-five days of the year, and in only one year in five does -the mercury very briefly reach the 100° mark. In the cold season the high altitude and the location of the mountains to the west combine to moder- ate temperatures. Invasions of cold air from the north, intensified by the high altitude, can be abrupt and severe. On the other hand, many of the cold air masses that spread southward out of Canada over the plains never reach Denver's altitude and move off over the lower plains to the east. Surges of cold air from the west are usually moderated in their descent down the east face of the mountains, and chinooks resulting from some of these westerly flows often raise the temperature far above that normally to be expected at this latitude in the cold season. These conditions result in a tempering of winter cold to an average temperature above that of other cities situated at the same latitude. In spring when outbreaks of polar air are waning, they are often met by moist currents from the Gulf of Mexico. The juxtaposition of these two currents produces the rainy season in Denver, which reaches its peak in May. Situated a long distance from any moisture source, and separated from the Pacific source by several high mountain barriers, Denver enjoys a low relative humidity, low average precipitation, and con- siderable sunshine. Spring is the wettest, cloudiest, and windiest season. Much of the 39 percent of the annual total precipitation that occurs in spring falls as snow during the colder, earlier period of that season. Stormy periods are often interspersed by stretches of mild sunny weather that remove previous snow cover. - Summer precipitation (about 31 percent of the annual total), particularly in July and August, usually falls mainly from scattered local thundershowers during the afternoon and evening. Mornings are usually clear and sunny. Clouds often form during early afternoon and cut off the sunshine at what would otherwise be the hottest part of the day. Many afternoons have a cooling shower. Autumn is the most pleasant season. Local summer thunderstorms are mostly over and invasions of cold air and severe weather are infrequent, so that there is less cloudiness and a greater percent of possible sunshine than at any other time of the year. Periods of unpleasant weather are generally brief. Precipitation amounts to about 19 percent of the annual total. Winter has least precipitation accumulation, only about 11 percent of the annual total, and almost all of it snow. Precipitation frequency, however, is higher than in autumn. There is also more cloudiness and the relative humidity averages higher than in the autumn. Weather can be quite ' severe, but as a general rule the severity doesn't last long. ENVIR NATIONAL noaa NATIONAL OCEANIC AND •ATMOSPHERICADMINISTRATION/ DATASOCLIMATIC CENTER ERVICEAL/ ASHEVILLE,SHEVILLE, N.C • • V, r 0zv.w sr- �s►sr� Month . a.= c:o:'w- ' n'10 0 . n<f a=le ...... z eT mr°s ao P ♦.w..,.-. oo..00e Daly ! ,e7e7 Is tom r° o ...... ..Worm. maximum Daly ... O W W. NOM.....0. =P maiulmum .0 • -s nft Ir• Orly Q ^' N z ' s3O Iii.:n m 0 minimum ta_ la 3 Daly 0. n 9 os �`. owes a J ...... rr.a 1 . §0gn • '- P♦om Po Monthly 3 .or .o`.c'� 0 0ouowa 8 u ~ ale °c O .. ....0. ...J Monthly 3 r -gar' g==g r :ao-d1. .PW:aw N „� . . . . o = -.e n a:< u Highest °m`° Jo.o Year : m n. Zr ..n a. : ; s M• 2 . 0r s : a...... oNO~rr �, „ N„ ...�NNN Date w non .e.Q'0.. 4000 Record or PPo u;o -.aNuaa a �Ah o a w0...la ON r00 w lowest 32 ♦m8. srW.W 404001 I Lowest S 0.et• 0oa J ua J.wP Yaw C-M M a r ..,.. ° iani W „ wi W Data '3V II.--- P r n0 0 S� I.P.Q O sos000 Ow.N.er.O.a Hsat 14g R ER mE ''a P g a. ro m us m 'Fgt. sea.. .....0 S O 'AZ J O O P 4. J m O•I 6 . u o. r Cooling r s N Ynon . o0u.wa 000000 m P ...IL' Cooling r5 y m q n O N W a tr-• y nr7a J OOONP. 0000 Z ! Z stO ....I O •Orr" .CO r mg�° _ 0.arrao u....06........•P Hormal 000.-NN . . . :oO Total z 4-412 'Ag mn.°.c u WW f m c 1, n 'n -'m° J Maxutoon r POwao ...... 'I2.7:22'1 oo�x r ....... a.-JaP• N mon[hlY 000 0.-o 000000 Gre.tatm E i g r 8 w r . . . . .. . . . . . - 24 hrs_ _g. i i.a♦xn u.♦o. Yaer f 00 0 .-.N.. 0 w � r CD • Aoln ;JP Jt .Parr. JJN.OP P a� CD r* ..o •1 NNN I 1 1 h NOS. Data Opn a- Y•M�- 000 00 000000 Mwmum 1> O .4 . aNOa _ ' 0 'O.riS °way J :2,a g........PJ OPWW�r N monthly 3 Z r , "t O ♦ ♦.4000 OO r>.Pu. Total 7Z • Os °' teed.. O w ..W• nnNJ.N i l l ° o�Y am aaaaaa �,� Noon n WPOOO ............ Greatest us Q a M es=nR Maximum W ...woo. 00040.40 9 2 (� 'yn wonn WC 21 LI e.N...:. ............00 . tn N W -4 1. n• c 3n M NO gram r1 r Data ^, TJ O A° a 1 ...... O a a a.. ,, R. N .c, O P P .O.. W 11 i O 0.. coi. Hour RIO aa00 Z N aNwO.a woaaNt. _ w v .J Maximum �+ Hour raw mo oc .�• . monshly ^, .a P....- JaaPrW 3 o 3J• .+ ar Nto00 WPWNtoJ W u.CD to WWW.Ww WaUu ' ~ HWr E. 2 .-1 iFiF % ao '.aoa•o: Year oo'�o.o Paw.... -+ R 3 .J�. CD <$5o WPaP ro .rna 2 Cl) wPl r z t".r o n a 000 .....0 Maximum .1 • . ea" 0 — u•a a ♦ o.0♦.seo wJWWW. N '^2!hrs. C �+ Direction ss E �[ o 2 m° _ J n Year Speed �..' 7q; P w♦PaP CL o Speed .-sear ua mp.h I C_ .°_,at. a o Hour ..7o m .... ....... ; _ Average speed .1 Qru 3 a a Y✓ u.0a ♦ P'PN'. P a Y Hour g= • •J Puu m... an...a• a. nhp l'• 9 0 ♦.00PP /� n HOar e.I let Speed \J r O P f.P J ''a N .POUPa PPaiu.Pr P - Hour r• CD W .•a0.4W Pwr0rW mph • • C eta W �S 02. P r r • Direct., _ O re a amwaoa a00a0 Mrmrpeed - z Z Z /e.. n•C a . . . .. z L z z 0 u 0 7..1.0 3 \V to ° .. o-.NNW; Nu�.O♦w a mp.h• CD NrNW w 3s w wu.u.n..u, wu...w...h.. Prevailing en " J♦ ^' o Data w direction g o 0 :.o J i N W a a o r•P. .Speed 3 J J J;J J P O J a J Percent of pomisN V mph. m a - ♦ JOaaW.. JWPaON •.unrh.M • , Direction Average sky owe...tenths. • ;;;;;; Wz v 3 w .ouoNae0u. tpG P..... Yawo ....:afro.- .....— Cl!a o J PP fJJ. ..g:::;....,-.1 Pct of possible sunshine Pertly O a;W.0.. J N f3 Mean sky cover.tenths. 0 ....Z: :o=:.J cloudy g _ I , W N rile tO sunset u ...town. ..Joao N Clear ..P r rr r.. Cloudy Partly 1. Precipitation r oaaaro ;Zoo as N cloudy 1 o ......••;:: .i *Wu .01 Inch or more �' Cloudy $now,hoe pellets a ooaaJP le40ww..N 0 = _ Pnup.udan r N....0 0 0 coo..., 1.0 lmh or mare S a .. 01 Inch or mon Thundenwrms 3 Snow.Ice pellets Z o o o•u w a..r o o 0 7; re N r.0 0 0.40.0 0 w Inch or Inor more Heavy fog,v.tiMliry r N Thundentarme s o o..r o se 00.m00 %M W or lees. Iy ... o...War oPr..o w Heavy fog.wnhlity g ,,. 90'and o"t 0 . w %mule or Ins ¢ oo W.P ...ono Wm.. — ,7 ✓ s y S d O 000000 ..0000 P .above 3 i"l71 and i 3 3 3 a 0400000 000.w. below .j JZ'ard a" ✓ .01•0 0 0 0 0...; below r NNW J2'and J2'and w .....000 oouawo below too o.▪ 0.ar oo omu=.Jo a blow 0'and '� and i m 3 J ;:;:; ;;;;;; below o ;;;; ;;;; lw • :C; i ¢ i b a g P . aaoar., ...... • r N • Average Temperature Heating Degree Days m3nrn,co . Year I Jan 1 Feb I Mar I Apr 1 May I June)July I Aug I Sept 1 Oct I Nov 1 Dec 'Annual Season)July Aug(Sept)Oct Nov)Dec I Jan I Feb1 Marl Apr May unelTotel 19)7 16. 72,1 77.0 46.0 37, 67. 77.2 75.2 64.6 )2.2 )9.2 71.2 49.0 1970-37 1 20 66 277 121 901 1I06 674 795 701 377 74 5877 1975 )2. )5. 41,6 47,4 54.4 66. 71.0 77,4 64.6 54.1 )3.0 31.4 50.6 1977-31 0 0 141 420 6)5 762 966 763 990 606 171 )6 3702 1939 )0, 27. 38.0 41,0 60,2 67. 76.2 71.2 66.0 53.7 41.7 71.0 51.7 1955-39 14 4 106 342 724 191 1051 901 841 372 27) 23 514, 1940 21. 17,5 ♦1.2 47,4 51,4 69, 77.9 70,9 04.7 54.6 73.3 7).) 30,3 1979-60 0 0 191 518 413 076 1131 1139 127 474 243 )5 6260 1941 )2.4 76.2 )0,3 46.7 39, 64. 72.1 71.2 61.0 49.4 47.4 )7.6 30,6 81960-61 7 1) 90 390 759 1117 1026 025 604 360 299 63 60)4 1942 27. 21.5 16,1 50.6 35.4 64. 72, 71.2 61.4 31.0 42.4 )6.4 49,3 1961-02 14 0 27) 459 902 1130 1411 976 934 4)7 173 72 680) 194) )3. )9.5 35.7 34,7 52,9 67, 75.6 74.) 67.2 31.0 40.7 )4.5 31,9 1962-63 0 19 112 752 70) 961 1417 765 545 442 150 20 5824 1944 30. )2. )1,4 42,1 38. 67. 71.5 72.1 67. 54.3 40.7 30.7 49,1 1967-64 6 7 29 229 690 1125 1059 1062 952 345 270 72 6056 1943 31. 33. 41.4 41.0 56, 61. 72. 71,3 39.9 37.9 41.7 70,4 49,6 1984-63 0 16 12) )75 74) 911 921 1044 1105 411 245 6D 60)0 1940 71. 75. 44,0 25.1 51, 60. 74. 71, 61.4 41,2 33.6 37. 51.2 1963.66 6 7 296 )02 643 924 1122 1017 691 604 204 62 3900 ■1947 30. 28, 76.7 43.1 53, 62, 72. 72,5 66. 55.6 )1. 37.1 49,4 1966-67 0 9 61 391 699 1015 954 532 679 495 750 175 5664 1945 26. 26. 71,4 31. 31, 66. 72. 72,5 66, )1.) 36.4 29. 49,2 1967.65 4 16 100 369 729 1106 1086 813 731 655 )41 )l 6190 1949 16. )0. 39.5 49. 37, 63, 72. 71,4 6). 49.5 48.6 72,5 49,6 1961-69 10 35 147 )99 Ill 1114 923 521 1011 )75 204 144 6037 1920 29. )I. 35,1 47. 27, 66. 65. 6a, 60. 39.9 )9.1 )6. 30,6 1969-70 2 C 36 501 769 998 1061 7)4 969 672 200 78 6300 1931 26. 73. 35, 41, 37, 60, 77. 70, 61. 41.2 )5.1 29. 45,1 1970-71 0 0 195 554 770 977 1015 951 117 305 )29 25 6104 1952 34. 35. 33, 41. 76, 72. 77. 72, 67. 1).3 )2.) 32. 30,5 1971-72 24 0 277 479 771 1019 106) 512 621 416 246 4 5818 1937 )9. )2. 43. 42. 3). 69. 74. 71. 66. 34. 41.1 71, 31,5 1972-73 42 15 107 397 960 12)9 1162 520 771 646 290 56 6703 1154 )6, 43, )5. 31. 37. 69. 76. 72. 65. 52.5 ♦4.3 )4. 31.3 197)-74 5 0 166 321 736 1029 1277 0)1 671 507 1)7 67 5772 1935 27. 27. 36. 30. 39, 64. 73. 73.1 61. 54. 76. )3.4 50,2 1974-73 0 9 199 381 50) 1043 1024 937 572 621 )72 85 6306 1956 )4• 27. 40.1 45, 60. 73. 72. 69. 65.5 53.9 37.2 13, 51.3 1973-76 0 4 193 763 140 54) 1006 740 659 469 234 64 3677 1957 23. 40. )9,1 41. 3). 67. 7). 72. 61. 31.4 76.8 39, 50,2 1976-77 0 7 142 509 739 907 1955 72. 37• )2, ♦4. 61, 65, 70, 73, 64. 53.9 40. 35. 51,4 1939 30. )0, )7. 43, 56. 70. 72. 73. 61.1 41.1 )7. 36. 30.0 11960 27. 24, 28• 30. 57, 61. 73. 7), 52. 79.3 26. 49.7 Cooling Degree Days 41961 )1: 75. )5. 46. 55, 66. 71. 72, 56. 50. 74. 27. 45.9 Year]Jan I Feb I Mar I Ap I MaylJune)July'Aug[Sept'Oct!Nov I Dec I Total 1962 11. 29. )4. 50. 59. 65, 72. 72. 62. 51.4 41. )3. 49.7 1963 19. 37. )7. 20. 60, 66, 74. 65, 65, 57.9 41. 25. 30,5 ]169 0 O )S 44 )12 254 4 721 1964 70. 27. 33, 41. 35. 65. 77. 70, 62. 52. 40. 33. 49,7 1970 0 0 16 93 222 252 4 633 1965 73. 27. 29. 31. 77, 67. 72. 70. 35. 55.1 47. 75. 49.0 1971 0 0 149 203 248 3 677 1966 25. 25, 42. 44. 35, 64. 76. 70. 67. 52, 41.3 31, 50.5 1967 74, D5, 42, 48. 50, 60. 69. 68. 62. 52.5 40.5 26. 49.4 1977 0 O 6 110 210 207 2 762 961 4, 40. 47. 33 67. 71. 65.1 60. 31. 37. 21, 45,9 1977 0 2 136 199 270 2 671 1 29. 1 . 1975 76 176 107 137 3 717 1961 33. )5. 72. 32. 39, 61. 74. 73, 64. 39. 79.1 32. 49,9 1975 ) 69 246 192 ) 734 .1970 D0. )5. 31. 41, 58. 65, 72. 73. 39. 45. 79.1 73. 49,5 , 1976 3 112 )24 176 5 667 1971 72. JO, )5, 47. 34, 69, 70, 72. 37. 49. 39.1 31• 49,7 1972 30. 36. 44. 45, 57, 65. 70. 71. 62. 52.1 32. 24, 49.9 1973 27. 37, 39, 47. 55. 67. 71. 73, 59. 34. 79. 71. 49,9 1974 23, 75, 47. 47. 61. 65. 74. 09, 59. 22. 71. 11. 50.5 1973 71. 20. )7. 44. 54, 64, 72. 70, 59. 53. 36. 77. 49,4 1976 72, )9. 77. 49. 56, 66. 75. 70. 61. 45. 39. 35. 51,0 !WORE MEAN )0, 32. I8• 47. 36. 66. 72. 71. 02. 51. )9. 72. 30,2 MAX 42. 45. 51• 60. 69. 50, 56. IS. 76. 63. 52. 45. 63.4 928 17. 20. 26, 34, 43, 52, 55. 57, 45. 17. 26. 19. 77,0 Precipitation Snowfall - Year I Jan I Feb I Mar I Apr I May I June I July I Aug I Sept I Oct I Nov I Dec )Annual Season(July I Aug'Sept'Oct I Nov 1 Dec I Jan I Feb I Marl Apr I MayjJunelTotal 1937 0.2d 0.4 0.7 1.3 1.0 7.1 1.0 0.9 0.3 0.6 0.3 0.9 11.34 1937-38 0.0 0.0 T 0.2 3.0 1.1 5.4 2.6 10.7 5.0 0.5 0.0 15.1 1978 0.47 0.2 1.7 3.1 1.9 1.7 1.0 2.2 3.) 0.1 1.4 0.9 20.47 1931-79 0.0 0.0 0.0 0.2 11.2 5.4 7.6 13.3 7.6 6.9 7 0.0 55.2 19)9 0.52 1.1 1.0 1.0 1.2 1.0 0.1 0.1 0.2 0.9 0.0 0.3 1.41 1979-40 0,0 0.0 0.0 7,6 0.5 4.9 17.7 0.1 11.7 7 0.0 0.0 44.3 1940 1,01 0.6 2.2 1.4 1.9 0.1 1.2 0.2 4.0 0.7 0.7 0.) 14,50 1940-41 0.0 0,0 0.0 0,0 7.0 6.0 9.0 1.9 10.2 3.7 0.0 0.0 42.4 1941 1.11 0.2 1.2 3.2 3.7 2.9 1.2 1.5 2.4 2.4 0.6 0.5 32,07 1941-42 0,0 0,0 T 1 2.2 8.7 5.0 11.7 7.6 5.3 1.7 0.0 45.2 1942 0.6 0.9 0.6 4.1 1.1 3.0 1.0 0.7 0.1 2.9 0.2 0.1 36,31 1942-43 0.0 0.0 0.4 9.0 ♦,1 4.5 7.0 1,4 7.3 T 4.7 0.0 36.8 1943 0.2 0.1 0.4 1.0 2.9 1.2 0.7 1.2 0.0 0.2 0.41 0.3 9.12 1943-44 0.0 0.0 0.0 1.0 2.3 7.0 12.1 3.3 28.1 23.6 7.7 0.0 41.1 1144 1.0 0.2 2.8 1.7 1.7 0.9 3.3 0.4 T 0.0 0.5 0.3 15.54 1944-43 0,0 0.0 0.0 0,0 5.5 5.9 12.2 6,2 3.0 27.0 7 0.0 35.8 1945 0.7 0.4 0.1 2.3 2.3 2.0 2.1 2.3 1.1 0.7 0.4 0,0 17,79 1943-46 0.0 0.0 T 2.7 3,5 0,5 7.0.2 4.6 7.2 T 0.1 0.0 25.7 • 12.0 4.7 1.3 T 81.6 0.8 2.9 0.0 14.74 11946-47 0.0 0.0 0.4 3.8 39.1 0.7 7.) 12.3 1946 0.6 0.2 1.0 2.0 1.9 0.5 1.6 1.2 1.1 81948 0.7 0.5 1.0 1.3 4.6 1.9 0.5 1.2 0.4 0.11 0.7 0.2 19.06 1948-49 0.0 0.0 0.0 3.1 6.4 6.4 27.7 7.7 22.0 3.3 T 0.0 74.4 1948 1.4 0.4 1.71 2.5 1.5 1.9 0.5 0.4 0.4 0.1 0.6 0.2 12.62 1948-49 0.0 0.0 0.0 0.0 6.7 4.8 20.3 0.4 14.2 12.7 T 0.0 60.1 1949 1.1 0.0 2.2 1.4 1.7 4,2 1.3 0.9 0.2 1.7 0.01 0.3 16,75 1949-30 0.0 0.0 0.0 7,2 0.0 6.0 5.5 2.9 5,4 9.0 17.6 0.0 32.9 1930 0.4 0.2 0.71 2.9 2.8 7.3 0.5 0.2 1.5 0.1 1.0 0.7 17.91 1930-51 0.0 0.0 0.0 0,0 11.9 5.9 15.7 10.5 17.6 12.9 0.0 0,3 74.8 1951 0.5 0.7 1.4 2.0 1.7 2.2 0.8 4.4 0.9 2.1 1.1 0.6 19.43 1971-52 0.0 0.0 4.2 7,7 14.5 11.2 0.) 10.2 25,2 11.2 T 0.0 14.3 1952 0.0 0.6 2.1 2.7 3.0 0.1 1.0 1.4 0.5 0.18 1.31 0.1 13243 1952-57 0.0 0.0 0.0 1.2 14.3 3.1 7.4 16.5 11.5 12.0 1.7 0.0 65.2 1927 0.3 1.3 1.1 1.2 2.6 1.4 1.9 1.2 0.2 0.4 1.0 1.0 14.2) 1933-54 0.0 0.0 0.0 0.1 7.2 14.4 2.7 0.6 6.7 7.6 2.5 0.0 41.3 1954 0.2 0.0 0.4 0.5 0.6 0.6 1.9 0.5 0.7 0.0 0.3 0.7 7.51 1974.55 0.0 0,0 0.0 0.4 3.9 5.6 3.5 12.2 19.3 4.9 0.0 0.0 53.0 1955 0.2 0.5 1.1 0,4 2.4 1.3 2.9 2.4 2.7 0.6 0.5 0.1 16.03 1955-56 0.0 0.0 0.0 4.1 7.) 2.9 6.7 10.3 17.0 3.7 T 0.0 47.1 1956 0.3 0.7 0.89 0.7 2.7 0.4 4.1 1.1 0.01 0.2 1.25 0.6 13,72 1976-57 0,0 0.0 0.0 0.6 21.3 6.3 3.7 1.6 8.9 25.5 1.8 0.0 75.) 1937 0.3 0.7 1.0 4.1 7.7 1.0 1.2 2.0 0,4 2.6 0.4 0.0 21.75 1937-55 0.0 0.0 T 7.9 ).0 0.8 5.9 12.0 14.4 14.1 0.0 0.0 57.1 1931 0.7 1.0 1.4 1.7 4.4 1.4 3.5 1.1 1.5 0.7 0.7 0.6 15.50 1975.59 D.0 0.0 7 2.6 9.7 7.7 17.4 17.5 26.5 17.6 1 0.0 99.3 1939 1.2 1.7 2.8 1.7 ).7 0.4 0.5 0.2 1.5 2.4 0.4 0.2 16,34 1959-60 0.0 0.0 12.9 11.8 3.3 2.7 10.7 15.3 9.0 9.) T 0.0 50.0 1960 0.7 1.6 0.8 2.5 2.2 0.6 1.3 0.0 0.3 5.4 0.4 1.5 14,11 1960-61 0.0 0.0 0.0 4,6 5.1 17.5 1.0 7,9 29.2 5.6 6.4 0.0 50.6 1961 0.0 0.6 2.5 1.0 6.1 1.1 1.6 1.2 4.6 0.7 0.9 0,7 19,91 1961-62 0.0 0,0 3.8 6.2 11.4 3.8 17.2 11.3 6.5 10.0 0.0 0.0 72.3 1962 1.3 1.0 0.3 1.1 0.5 1.5 0,5 0.4 0.1 0.0 0.6 0.1 1.43 1962-67 0.0 0.0 0. 0.0 3.0 1.2 9.1 2.1 15. 0.2 0.0 0.0 76.3 1963 0.7 0.2 1.4 0.0 0.6 3.5 0.5 2.3 1.2 0.71 0.4 0.2 12.27 1983-04 0.0 0.0 0,0 1.1 7.3 5.9 2.6 11.7 11.4 12,1 1.0 0.0 57.) 1964 0.2 1.0 1.7 1.2 2.3 0.8 0.7 0.2 0,4 0.1 0.5 0.4 10.14 1964-65 0.0 0.0 0. T 0.0 4.4 17.2 17.1 14. 0,) T 0.0 55.9 1965 1.0 1.2 1.2 1.0 1.5 4.1 6.4 1.0 2.5 0.4 0.7 0.7 21,57 1965-66 0.0 0.0 5.5 0.0 5.5 5.6 3.6 14.6 2.5 6.4 2.9 0.0 46.1 1966 0.3 1.2 0.7 1.4 0.3 1.4 1.0 2.0 1.1 0.9 0.7 0.1 10,91 1966-67 0.0 0.0 1 8.3 3.0 1.9 9.9 4.4 4. 1.6 3.0 0.0 40.7 1967 0.8 0.3 0.7 3.9 4.7 4.6 7.2 0.5 0.6 1.1 1.0 1.0 23.71 1967-6e 0.0 0,0 0.0 1.7 9.4 11.1 3.0 7.3 9.2 15.1 T 0.0 35.5 1965 0.5 0.7 0.5 2.3 0.7 0.3 1.3 2.5 0.5 0.7 0.7 0.5 12.13 1965-69 0.0 0.0 0.0 0.4 3.8 6.9 2.5 4.2 12.2 7 0.0 0.0 73.) 1969 0.1 0.4 1.1 1.3 6,1 2,9 1.1 0.7 1.6 4.1 0.6 0.3 21,72 1969-70 0.0 0,0 0.0 31.2 5.1 3.1 0.9 0.1 20.5 4.7 7 0.0 67.5 1970 0.1 D.0 1.3 0,9 0.6 3.5 1.6 0.5 2.4 0.5 1.1 0.0 37,7) 1970-71 0.0 0.0 4. 5.9 9.2 0.9 5.6 11.9 9. 6.0 T 0.0 56.7 1971 0.3 0.7 0.5 1.9 1.3 0.2 1.2 0.5 2.5 0.4 0.1 0.2 10.96 1971-72 0,0 0,0 17. 3.1 1.4 5,4 10.9 9.1 7.1 17.2 0.0 0.0 74,4 1972 0.3 0.4 0.5 3.5 0.4 2.9 0.6 2.7 2.0 0.8 1.6 0.7 16,57 1972-77 0.0 0.0 0. 9.7 19.4 9.8 12.1 3.0 15.1 24.5 1.0 0.0 94.9 1977 1.3 0.1 1.7 3.7 5.0 0.2 2.4 1.2 2.8 0.4 0.8 2.5 22.96 1973-74 0.0 0.0 0.0 2.3 9.7 30.5 0.2 10.3 12.1 17.6 0.0 T 91.5 1974 1.0 0.8 1.7 2.2 0.0 2.0 2.3 0.1 0.9 1.6 1.0 0.2 14.07 1974-75 0,0 0.0 1.1 1.0 11.9 2.1 3.6 4.0 14. 10.9 6.1 0.0 53.7 1173 0.2 0.7 1.1 1.1 2.5 2.1 2,7 2.0 0.2 0.7 1.8 0.4 15.31 1973-76 0.0 0.0 0. 2.7 15.2 7.3 3,2 6.4 15. 1.2 0.0 0,0 54.7 1976 0.1 0.5 1.) 1.2 1.1 0.6 2.1 2.5 1.5 0.9 0.3 0.1 13,41 1976-77 0,0 0.0 0. 7,2 4.3 3.1 RECUR RECORD MEAN 0.4 0.5 1.1 2.0 2.3 1.7 1.7 1.4 1.1 1.01 0.6 0,6 14.55 MEAN 0.0 0.0 1.1 3.5 7.5 6.7 8.1 7,9 12, 9.6 1.5 T 59.6 Indicates a station move or relocation of instruments. See Station Location table. Record mean values above are means through the current year for the period beginning in 1872 for temperature and precipitation, 1935 for snowfall. Temperature and precipitation are from City Office locations through 1934. Resting degree days are from Ciry Office locations through June 1939. Snowfall if from City Office locations through June 1934. Otherwise the data are from Airport locations. STATION LOCATION • DENVER, COLORADO Elevation aboveI Sea Ground Sea Level level / I s a It g t I • Locals. • Latitude Longitude e $ Z s •C r Remarks North Rest • X B +' • Q SSS9 ,9 C 9 s tt8 3 H F-2 a m s & COOPERATIVE One or more locations 11/ 7/59 12/ 7/73 Voluntary observer., broken record. C I]_ 16th (formerly C Street) 11/10/71 3/15/73 39' 45' 105' 00' 5177 51 e20 e20 48 e - Estimated. &Latimer Streets Woodward Building on 3/15/73 11/30/75 400' WNW 39° 45' 105' 00' 5212 71 37 36 52 Market (formerly Holiday Street) between 15th 6 , 16th Streets .. i McClintock Block 11/30/75 7/01/77 350' ESE 39° 45' 105' 00' 5214 e70 e32 e32 e50 e - Estimated. 16th Street Broadwell Block on 7/01/77 6/13/81 200' ENE 39' 45' 105' 00' 5214 80 45 44 60 L.rimer Street Tabor Block, 16th 6 6/13/81 12/01/87 200' WSW 39° 45' 105° 00' 5204 109 73 72 86 Latimer Streets Patterson 6 Thom.. Block 12/01/87 5/01/91 1100' ESE 39' 45' 105' 00' 5218 103 86 86 79 e. ' , _ 17th 6 Curtis Streets Club Building 5/01/91 10/01/95 375' N 39' 45' 105. 00' 5229 121 108 107 97 97 1700 Block on Arapahoe Street U. S. Post Office 10/01/95 12/08/04 600' SW 39' 45' 105' 00' 5214 151 .79 a79 74 74 a - 83 feet to 6/13/96. 16th&Arapahoe Streets Boston Building 12/08/04 1/29/16 800' E 39' 45' 105° 00' 5219 t172 129 128 119 119 b - 136 feet to 3/1/10. 17th 6 Champ. Streets New Poet Office Building 1/29/16 Present 1000' ENE 39' 45' 105° 00' 5221 :113 106 108 c98 d98 c98 c - Removed 4/1/50. 19th 6 Stout Streets d -Added 4/1/50. AIR'-1 Administration Building 9/15/31 6/25/47 39' 46' 104. 53' 5292 59 46 46 5 42 Stapleton Airfield -FAA Building 6/25/47 5/07/69 0.3 mi.NW 39° 46' 104° 53' f5283 g20 6 6 4 6 5 e5 e - Commissioned 5200 feet ESE apleton Airfield° of thermometer site 8/1/60. .,tapleton International f - 5292 feet to 8/1/60. Airport 10/1/64. g - 72 feet to 7/8/60. Fastest mile data from 40 feet prior to 7/12/60. W. B. Forecast Office 5/07/69 Present 1.7 mi.ESE 39' 45' 104° 52' 5283 h20 5 5 : 4 4 4 h5 h - Same site as prior to move Stapleton International C of 5/7/69. Airport • Requests for additional climatic information should be addressed to: Director, National Climatic Center, Federal Building, Asheville, N. C. 28801 Sale Price: 20 cents per copy. Checks and money orders should be made payable to Department of Commerce, NOM. Remittances and correspondence regarding this publication should be sent to: National Climatic Center, Federal Building, Asheville, q. C. 28801. Attn: Publication.. I certify that this is as official publication of the National Oceanic and Atmospheric Administration, .ltd is comLJltle1 t'!{J dl from records/Jonfile at the National Climatic Center, Asheville, North Carolina 28801. + IG /��GE ds ,L Mrecoe, National Climatic Center . �r . ` •� ``USCOMH-NOM-ASHEVILLE'-•1750••--.+-_+ ,.... �,..- _ ?iv' L , F r ..., _ f JOD`EC ''l^° Lj`t:c\ ON t.- hi:i - National Weather Service Forecast Office [Denver' / j //,),"t,4J T j 2S 20 Galena Street -'- g 7�-'` l E SHUT_ .• £ ;" Aurora, Colorado 8001 PAID DEPARTMENT OF COMMERCE - . '- DEPARTMENT E AND LEESMME NAIL l CLIMATIC CENTER AN EQUAL OPPORTUNITY EMPLOYER LLS. OF COMMERCE -_ FEDERAL LNG 210 ..,._.e ASHEVILLE,N C 01 FIRST CLASS Ken Schlagel 770 Brant Street, Room 228 Denver, CO 80203 EXHIBIT L Reclamation Costs EXHIBIT L RECLAMATION COSTS Total reclamation costs are based on the assumption that the property is farmland presently being farmed as winter wheat. The reclaimed usage would be the same and would immediately go to that usage after reclamation. The topsoil removal , excepting the stockpile of the initial cut, would be an integral part of the mining operation so would not be considered a part of the reclama- tion cost. The reclamation costs are estimated as follows: Cost/ton Coal Overburden grading $0..03 Topsoil distribution & grading 0.06 Stockpile, creation & recovery 0.06 Testing, fertilization, etc. for final reclamation 0.01 $o. 16 EXHIBIT M Local Government Approval EXHIBIT M We have met with the Department of Planning Services in Weld County and are filling a plan with them so that a special use permit can be issued. This permit will provide county approval for mining. EXHIBIT N Listing of Other Permits or Licenses , EXHIBIT N PERMITS The following permits have been applied for as required: 1 . NPDES 2. Air Quality Copies of the applications are available upon request. At the time of application for the Reclamation Permit, the above permits had not been issued. EXHIBIT 0 Source of Legal Right to Enter • - ADDENDUM • ADDENDUM to Lease Agreement effective March 24, 1976 by and between ROCK SPRINGS ROYALTY COMPANY, a Utah corporation, as Lessor and THE IMPERIAL COAL COMPANY, a Colorado corporation, as Lessee. IT IS HEREBY AGREED AS FOLLOWS: • • 1. The provisions of this Addendum shall be effective as of March 24, 1976. 2. The phrase "containing in all 2, 559. 9 acres, more or less" appearing in the fourth line of the Recital to the above-described agreement is hereby deleted in its entirety. . 3. The last paragraph of Section 1 of the above-described agreement is hereby amended to read as follows: "The aforesaid rights are granted without covenants of title or to give possession or for quiet enjoyment and with respect to Section 10, T. 1N. , R.68W. are subject to all rights and ease- - ments outstanding as of April 7, 1925, and with respect to - Section 14, T. 1N. ,, R. 68W. are subject to all rights and easements outstanding as of January 1, 1925, and with respect to all other parts of the leased premises are sub- ject to all rights and easements outstanding as of November 29, 1962, all respecting the use of the leased premises and • the right of Lessor or its affiliates to renew and extend the term of such rights and easements. " - 4. The third line of Section 4 is hereby amended to read as follows: "A. The sum of Three Hundred Fifty Dollars ($350. 00) and, in addition thereto, " 5. Section 22 of the above-described agreement is hereby amended to read as follows: " SECTION 22. PREVIOUS AGREEMENTS Effective on the date of execution, this lease shall super- . cede that certain license agreement between the parties dated November 29, 1962 as amended, and that certain Lease Agreement between the parties dated April 7, 1925 as amended, extended or supplemented, and that certain Lease Agreement between the parties dated January 1, 1925 as variously amended, extended, or supplemented; provided, however, that all obligations accruing under said agreements prior to the effective date hereof shall remain in full force and effect. " 0 erev,,.7- 6. Exhibit A is amended to read as set forth in Exhibit A ' to this Addendum, which exhibit is attached hereto and made a part hereof. 7. As herein amended, said agreement shall remain in full force and effect. 8. Without waiver of non-assignability provided for in Section 18 of the above-described agreement, the provisions of this Addendum shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this instrument in duplicate this 23rd _ day of Seote:nber , 1977. ,. 'Attest: ROCK SPRINGS ROYALTY COMPANY , '•' . . '' I ' + •/ • li l/ ( /��1 ( By I t -1.r ..rte! e (- -- \..secretary / President ,�itp 't: THE IMPERIAL COAL COMPANY \ )s ' / , >,; • 4• ,A . • •1 \. , '''' " R___. - ,,,L.,..„ „3-7,----------- ,,,,„_. .„-0/4.7.. • 1 ) ? i S -cretary President ie ' '1 1),{•\`•') • el EXHIBIT A To Lease Agreement Effective as of the 24th day of March, 1976, Between Rock Springs Royalty Company, Lessor, and The Imperial Coal Company, Lessee Township 1 North, Range 67 West, 6th P. M. Section 5: All Section 7: E INE*, SE 4 • Township 1 North, Range 68 West, 6th P. M. Section 4: All Section 10: All excepting the rights of way of the Boulder Branch and the State Mine Spur of the Union Pacific Railroad Company, said rights of way being one hundred (100) feet wide, being fifty (50) feet in width (measured normally) on each side of the center lines, respectively, of the tracks of the said Boulder Branch and the said State Mine Spur as the same are now constructed in the Southwest Quarter (SW. ) of said .Section Ten (10). Section 14: All excepting the right of way one hundred feet (100') in width, being fifty feet (50') in width on each side of the center line of the main track of the Boulder Branch of the Union Pacific Railroad Company. Section 21: All excepting that certain strip of land containing 7.10 acres, more or less, fifty feet (50') in width located in por- tions of Section 21: S2 and NE-* , .which strip of land was conveyed to Community Ditch and Reservoir Company for a ditch right-of-way by Grant Deed No. 40, dated September 20, 1886, from The Union Pacific Railroad Company Township 2 North, Range 68 West, 6th P. M. Section 33: Ez; Ez SW* 7_,l;A: l', AGREEMENT (SHORT FORM) This Lease Agreement (Short Form) is made and entered into effective '...;arch 24, 1976 by and between ROCK SPRINGS ROYALTY CCM 'ANY, a Utah corporation (hereinafter for convenience called "Lessor") and THE IMPERIAL CO—L COMPANY, a Colorado corporation (hereinafter for convenience called "Lessee"). 1. For and in consideration of the payments to he made and the covenants to he kept, observed, and performed by Lessee as particularly set forth in that certain Lease Agreement and Addendum thereto between the parties hereto entered into effective as of the chic hereof and upon the terms and con- dition:: therein stated, Lessor hay granted and does hereby grant to Lessee the exclusive right to enter upon eel tei,; lends for the purpose of mining and removing all coal as may be found in said lands, which land; arc more l?a rticularly scribed in Exhibit A attached hereto and made a part hereof, and which lands are hereinafter called the "leased premises". 2. The term of said Lease Agreement is and hereby shall be for a period of ten years, commencing on the effective date hc.•cof, and so long there- after as coal is being mined from the leased premises in paying quantities . 3. Said Lease Agreement supersede and hereby shall supersede according to the terms of said agreement that certain license agreement between the parties hereto dated November 29, 1962, as amended, and that certain Lease Agreement between the parties hereto dated April 7, 1925, as amended, and that certain Lease Agreement between the parties dated January 1, 1925, as amended, coca ring :he le^>ed r? 4. This Lease Agreement (Short Form) has been entered into for the sole purpose of giving notice pursuant to the law of the State of Colorado of the existence of the Lease Agreement and Addendum thereto entered into effective as of the date hereof between the parties hereto covering the leased premises, and all rights and obligations of Lessee and Lessor pertaining to the leased premises are governed by the terms and conditions contained in said Lease Agreement and Addendum thereto. IN WITNESS WHEREOF, the parties have executed this agreement 'in duplicate effective the date first hereinabove written. Attest • ROCK SPRINGS ROYALTY COMPANY • ` L ////(4A By -t•_.� --- • Secretary ; President. • Attest: THE IMPERIAL COAL COMPANY i • Secretary President 7 COUNTY Ori- �F�� '� ,, � ) r.s. • The foregoing instrument was acicno fledged before me this 47 %c? day of 12 , 19 '77, by «. .,�, �La^L'rC-05%f of /- 1•��'�� ij � ' • (/ J • r Witness my hand and official seal. • — rte c Notary Public rt: • ' •%;ly c:ornmi s s;on expires(/) ..- :i ,- ,;-. ! , / 0.• r-- I • STATE OF � �:_rra �t%�� ) ,-2\ ) ss. - • • COUNTY OF-Lir`-it • U�'•�_- ) ' • The foregoing instrument was acknowledged before me this ) _day of -l.�l �/rte I7 (, !' 1 9 / b ; - • :! -/ ` 1l _ C: • `I 4 1�' o Y •�l F>�:ni:�� of / ,'i 1r�. i�' {i (� ' r _�--` :^; , r, J rF'� J Witness my hand and official seal. - . / /f i / i Notary Pulp(lic Pfiy commission expires 6,1'2 -/ 2 • • • • • s EXHIBIT A To Lease Agreement (Short Form) Effective as of the 24th day of March, 1976 Between Roc:k Springs Royalty Company, Lessor, and The Imperial Coal Company, Lessee Township 1 North, Ranee 67 West, 6th P. M. Section 5: All Section 7: EkNE4:, SE Township 1 North, Ranee 68 West, 6th P. M. Section 4: All Section 10: All excepting the rights of way of the Boulder Branch and the State Mine Spur of the Union Pacific Railroad Company, said rights of way being one hundred (100) feet wide, being fifty (50) feet in width (measured normally) on each side of the center lines, respectively, of the tracks of the said Boulder Branch • and the said State Mine Spur as the same are now constructed in the Southwest Quarter (SW-147 ) of said Section Ten (10). Section 14: All excepting the right of way one hundred feet (1001) in width, being fifty feet in width on Lac side of the center line of the main track of the Boulder Branch of the Union Pacific Railroad Company. Section 21: All excepting that certain strip of land containing 7. 10 acres , more or less, fifty feet (50') in width located in por- tions of Section 21: Sz and NE-3, which strip of land was conveyed to Community Ditch and Reservoir Company for a ditch right-of-way by Grant Deed No. 40, dated September 20, 1886, from The Union Pacific Railroad Company Township 2 North, Range 68 West, 6th P. M. Section 33: Eli; EzS1iT • • .ADDENDUM to Agreement effective January 1 , 1925 by and between ROCK SPRINGS ROYALTY COMPANY, a Utah corporation, as successor in interest to Union Pacific Railroad Company, and THE IMPERIAL COAL COMPANY, a Colorado corporation, as successor in intcre:st toil. Van Mater, as amended by Supplementa.1 Agreements dated June 23, 1932, April 6, 1939 and January 1 , 19,13, respectively, Extension Rider dated September 27, 1956, Supplemental Agreement dated March 1 I , 1958, Amendment dated April 14, 1964, and Extension Rider dated May 25, 1967. • • IT IS HEREBY AGREED AS FOLLOWS: 1 . The provisions of this Addendum shall be effective as of 2.Li VI C.' , 1976. 2. T'le first paragraph of Section 1 ending in the words "as hereinafter provided" is amended by changing the period to a comma and adding the following: "and said rights being subject to the following definitions and conditions: The term "strip coal" shall mean all coal which can profitably be removed by strip mining methods and which lies between the surface and 200 feet vertically below the surface of the above-described premises . • (ii) The term "underground coal" shall mean any coal other than "strip coal" as hereinabove defined. (iii) It is agreed that the Lessor and its affiliates and their respective lessees, licensees, successors and assigns may use the above-described premises for all purposes not in- consistent v ith the rights granted hereunder, incluclin2, among other things, the right to prospect for, drill for, ' mine and remove from the leased premises all minerals other than the coal granted hereunder including, but not limited to, oil and gas together with the rights of ingress and egress, and the Lessee shall so conduct its operations hereunder as not to interfere unreasonably with such use; provided, however, that such use of the above-described premises by the Lessor and its affiliates and their respec- tive lessees, licensees, successors and assigns, shall not unreasonably interfere with the coal mining operations of Lessee. " - 3. Section 2 is amended to read as follows: ROCK SPRINCIS ROYALTY CO;:1PAU;'i "Section 2. RENT AND ROYALTY: LUISE 'S The Lessee shall pay to the Lessor ,�__,•,,•_ --- - :�; (a) as rental the sum of One Hundred Thirty-three and 33/100 Dollars ($133. 33) per month for each and every month of the term hereof; and in addition, (b) a production royalty on coal mined from the • demised premises during; the prec edirw, calendar month. The amount of such I o,yalty s loll be the greater of: (1) One Dollar (;;1 . 00) per ton for each ton of 2, 000 pound:, of coal mined from the leased premises during the immediately preceding calen- dar month. Said royally shall be adjusted for each calendar quarter during the term of this lease. •Said adjustment for any one calendar quarter shall be in the percentage, if any, by which the Wholesale Price Index - All Commodities (1967 = 100) published by the Bureau of Labor Statistics of the Department of Labor for the calendar month immediately preceding the calendar quarter for which the above royalty i to be adjusted is greater than the Index for December 1975. (For example: If the Index for March 1977 is (A) and the Index for Deccrnb:Ir 1975 is (B) then the percentage adjustment is (A) - (B) x 100 or _% (B) and the royalty per ton payable for April, May, and June 1977 is $1 . 00 + ( x $1 . 00). _ or $ ). In the event the Index referred to shall in the future be changed to use 100 as a base for some period other than that referred to above, then, for the purposes hereof, the published index shall be adjusted so as to be in correct relationship • to such base. In thc.event said Index is no longer made by any governmental agency the index to be . utilized as aforesaid shall be the index agreed to by the parties which, after necessary adjustment, if • any, provides the most reasonable substitute for said Index, or • (ii) An amount per ton of 2, 000 pounds of coal mined from the leased premises during the preceding calendar month equal to: (a) in the case of strip coal 121% of the average gross sales price (or fair market value if higher) p r ton of coal received by Lessee, f. o. b. cars at point of shipment, during the pre • - ceding calendar month. (b) in the case of underground coal 10% of the average gross sales price (or fair market value if higher) per ton of coal received by Lessee, f. o.b. cars point of shipment, during the preceding calendar month. Payment of said rental and royalty shall be made by the Lessee to the Lessor at its office in Denver, Colorado, on or before the 15th day of each and every month of the term hereof succeeding the month for which such payment is clue. Each monthly payment shall be accompanied by a state- ment from the Lessee to the Lessor of the total amount of coal mined during the month for which payment is made, such statement to be certified to by the lessee and to show in detail the weights making up such total amount in accord- • ance with Section 5 or Sections 6 and 7 of this agreement as • may be appropriate. • -r• Reporting of coal mined provided for in the immediately preceding paragraph shall include identification of strip coal and underground coal. " • • 4. The word "injure" is amended to read "unreasonably injure" wherever said word may appear in the sixth paragraph of Section 10; said paragraph having been added to Section 10 by Supplemental Agree- . ment dated April 6, 1,939. • 5. Line two of the last paragraph of Section 10 is amended by • deleting the word "underground" wherever it may appear in said line. 6. Section 16 is amended by the addition of the following new subsection (c): "(c) The Lessee agrees to secure, at its sole expense, any agreements or consents of any owner or owners of • the surface covering-the demised premises which may be necessary to enable mining operations to proceed, specifi- cally including strip mining operations. Said agreements and consents shall be in a form acceptable to Lessor. " 7. The term of the above-described agreement shall be for a period of ten (10) years following the effective date of this Addendum and so long thereafter as coal is being mined fromsthe demised premises in paying quantities. The following cessations of such mining shall not operate to terminate said agreement: • • (1) cessation for a period not to exceed two (2) years; provided, however, during such cessation, Lessee, its successors or assigns, • are continuously mining coal in paying quanti- 'ties from any Section contiguous to the demised premises, including those Sections which share a common corner with the demised premises, (ii) complete cessation of such mining from the demised premises and said contiguous Sections • for periods of ninety (90) days or less. S. As heretofore and herein amended and extended,said agree- ment shall remain in full force and effect. • 9. _Without waiver of non-assignability provided for in Section 22 of the above-described agreement, the provisions of this Addendum shall inure-to -the benefit of and be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this instrument in duplicate this 7-14 day of k t_C- , 1976. Attest: ROCK SPRINGS ROYALTY COMPANY By Assistant Sccr : ry • / President e— Attest: TIIE IMPERIAL COAL COMPANY ti Secretary Its jj-5sotodr LEASE AGREEMENT THIS AGREEMENT, made and entered into effective as of the • 2_4_ slay o£ til A(LC A , 1976, by and between ROCK SPRINGS ROYALTY COMPANY, a Utah corporation (hereinafter called "Lessor") and THE IMPERIAL COAL COMPANY, a Colorado corporation (hereinafter called "Lessee"). WITNESSETH: RECITAL: Lessc has applied to Lessor for the exclusive right and privilege to mine and remove coal from lands in Weld County, Colorado, more parti- cularly described in "Exhibit A" attached hereto and made a part hereof, said lands, containing in all 2, 552.9 acres, more or less, being hereinafter sometimes referred to as the "leased premises". Lessor is agreeable to g ranting the aforesaid rights and privileges upon the following terms and conditions: • NOW, THEREFORE, it is agreed as follows: AGREEMENT: SECTION . RIGHTS GRANTED TO LESSEE Lessor, for and in consideration of the sum of $10.00 cash in and aid, the receipt and sufficiency of which is hereby acknowledged, and . h p of the payments to be made and the covenants to be performed by Lessee as hereinafter provided and upon the terms and conditions hereinafter set forth, hereb grants to Lessee the exclusive right and privilege of mining and dis- Y osin of all coal which may be found in the leased premises subject to the p g .. following definitions and conditions. A. The term "strip coal" shall mean all coal which can profitably be removed by strip mining methods and which lies between the surface and 200 feet vertically below the surface of the leased premises, B. The term "underground coal" shall mean any coal other than "strip coal" as defined. 1� c • C. In order to obtain the maximum recovery of coal reserves from the leased premises, Lessee agrees that the right to remove under- - ground coal is subject to a mining•sequence which will result in the seam closest to the surface being mined before the mining of coal from below such seam. • • It is agreed that the Lessor and its affiliates and their respective lessees, licensees, successors and assigns may use the leased premises for all purposes not inconsistent with the rights granted hereunder, including, . among other things, the right to prospect for, drill for, mine and remove from the leased premises all minerals other than the coal granted here- under including, but not limited to, oil and gas together with the rights of ingress and egress, and Lessee shall so conduct its operations here- under as not to interfere unreasonably with such use; provided, however, that such use of the leased premises by Lessor and its affiliates and their respective lessees, licensees, successors and assigns, shall not unreason- ably interfere with the coal mining operations of Lessee. It is further agreed that all valuable products other than coal rights . granted hereunder which are produced from the leased premises by Lessee . • in the performance of its mining operations hereunder shall be and remain the property of Lessor and its affiliates. The aforesaid rights are granted without covenants of title or to give possession or for quiet enjoyment and are subject to all rights and ease- ments outstanding as of November 29, 1962 respecting the use of the leased premises and the right of Lessor or its affiliates to renew and extend the term of such rights and easements. SECTION 2. SURFACE OF LEASED PREMISES Lessee agrees to secure, at its sole expense, any agreements or consents of any owner or owners of the surface covering the leased premises which may be necessary to enable mining operations to proceed, • specifically including strip mining operations . SECTION 3. EFFECTIVE DATE - TERM This lease shall take effect on the date which it bears and, unless sooner terminated as herein provided, shall remain in full force and effect for a term of ten (10) years and so long thereafter as coal is being mined from the leased premises in paying quantities. The following cessations of such mining shall not operate to terminate this lease: (i) cessation for a period not to exceed two (2) years; provided, however, during such cessation, Lessee, its successors or assigns, are continuously mining coal in paying quantities from any Section contiguous to the leased premises, including those Sections which share a common corner with the leased premises, - (ii) complete cessation of such mining from the leased premises and said contiguous Sections for periods of ninety (90) days or less. SECTION 4. ROYALTY AND OTHER PAYMENTS On or before the fifteenth day of each calendar month during the • term hereof, Lessee shall pay to Lessor: - -: - - s , , • A. the sum of One Hundred Dollars ($100. 00) and, in addition thereto, B. a production royalty on coal mined from the -leased premises during the preceding calendar month. The amount of such royalty shall be • the greater of: - - (i) One Dollar ($1 . 00) per ton for each ton of 2, 000 pounds of coal mined from the leased premises during the immediately preceding calendar month. Said royalty shall be adjusted for each calendar quarter during the term of this lease. Said adjustment for any one calendar quarter shall be in the percentage, if any, by which the Wholesale Price Index - All Commodities (1967 = 100) published by the Bureau of Labor Statistics of the Department of Labor for the calendar month immediately preceding the calendar quarter for which the above royalty is to be adjusted is greater than the Index for December 1,.975. (For example: If the Index . . v . i • for March 1977 is (A) and the Index for December 1975 is (13) then the percentage adjustment is (A) - (B) x 100 or (B) % and the royalty per ton payable for April, May, and June 1977 is $1 .0b -I- ( x $1 .00) or $ ). In the event the rndex referred to shall - in the future be changed to use 100 as a base for some period other than that . referred to above, then, for the purposes hereof, the published index shall be adjusted so as to be in correct relationship to such base. In the event said Index is no longer made by any governmental agency the index to be utilized as aforesaid shall be the index agreed to by the parties which, after . necessary adjustment, if any, provides the most reasonable substitute for said Index, or (ii) an amount per ton of 2, 000 pounds of coal mined from • the leased premises during the preceding calendar month equal to: (a) in the case of strip coal 12-1% of the average gross sales price (or fair market value • if higher) per ton of coal received by Lessee, f. o.b. cars at point of shipment, during the pre- ceding calendar month. (b) in the case of underground coal 10% of the average gross sales price (or fair market• value if higher) per ton of coal received by Lessee, f.o.b. cars at point of shipment, during the preceding calendar month. Lessee shall pay Production Royalties for sales completed during each calendar month during the term of this lease on or before the . last day of the calendar month following the calendar month for which royalties are payable. ' Payments of rentals and production royalties shall be made to Rock Springs Royalty Company, P. O. Box 8684, Denver, Colorado 80201 M or at such other place or places as Lessor may from time to time designate . / " / • r by written notice to Lessee. Production royalty payments shall be accom- • panied by statements in writing by an authorized representative of Lessee containing all supporting data reasonably necessary to a determination by Lessor of the correctness of the amounts of such payments. • SECTION 5. LESSEE TO PAY TAXES AND ASSESSMENTS Lessee, in addition to paying the royalty and other compensation herein stipulated, shall pay before delinquent all taxes and assessments levied or assessed on or after the date hereof, upon the minerals in place or mineral rights which are the subject of this lease, and Lessee shall, commencing with the effective date of this agreement, pay before delinquent any production, severance, license, or similar taxes assessed upon or on account of the mining from the leased premises, and all taxes levied or assessed upon all structures, improvements, equipment, and other property erected, constructed, installed and/or used by Lessee in connection with•the exercise of rights herein granted. Lessee, upon payment of such taxes and assess- ments, shall promptly furnish Lessor with satisfactory evidence of such payment. SECTION 6. BASIS FOR. DETERMINING AMOUNT OF COAL MINED • In the event the leased premises are worked separately from any other land, there shall be added together: s (a) The carload weights of all said coal loaded into railroad cars for shipment; (b) The weight of,all s,aidreoal sold and transported from the pits or tipple by truck or other conveyance; and (c) The weight of all said coal used in the conduct of mining operations and as camp, house or other building fuel, and the total weights i thus ascertained shall be taken as the amount of coal mined and removed 1 from the leased premises. i i i 1 If any coal mined and produced hereunder from the leased premises is, before or upon loading into railroad cars, trucks, belts or other conveyance, mixed or mingled with other.coal mined by Lessor from premises other than the leased premises, the quantity thereof shall be ascertained either (a) • through railroad, truck or belt scale weights (by prorating such weights in proportion to the mine cars or trucks loaded from the leased premises and from said other premises), or (b) by mine weights which shall be, at all reasonable times, subject to check by Lessor, or its authorized repre- sentative, or (c) by some other method which is satisfactory to both Lessor and Lessee. SECTION 7. INSPECTION AND SURVEY OF MINE Lessor, -through its authorized representatives, shall at all times have the right to enter and inspect any mine or mines on the leased premises and to make, at its own expense, any survey that.it may deem necessary; either for the purpose of checking the amount of coal mined or • for an examination of the physical condition of the property. Lessee will furnish, free of expense to Lessor, a competent engineer to assist in the work of making any such survey. In the event any question arises as to the accuracy of Lessee's records of the amount of coal removed from any given portion of the mine or mines on the leased premises, Lessor may make a survey of such portion from which coal shall have been removed hereunder, and twenty-five (25) cubic feet of space (which amount is under- stood and agreed to be net of mining losses) shall be deemed to be the space from which one (1) ton of 2,000 pounds of coal has been removed, and the amount of coal removed from such portion, as determined by such survey adjusted to take into account "partings" removed and wasted, shall, at the option-of-Lessor; be considered the true amount removed notwithstanding any former statements or payments of royalty, and thereupon, if such option be exercised, the accounts relating to royalty accruing to Lessor under this lease shall be adjusted in accordance with the tonnage so determined. SECTION 8. CONDUCT OF MINING OPERATIONS 1 In the conduct of Lessee's mining operations and reclamation activities on the leased premises, Lessee shall fully conform and comply with applicable Federal, State, and Municipal laws, ordinances, regulations and orders covering reclamation and restoration of the leased premises Ie., • 0,"*.. and all other applic__Jc Federal, State, and Municipal laws, ordinances and regulations. In the event there are laws or governmental regulations governing mining operations and the protection or restoration of lands covered by coal leases covering lands contiguous to the leased • h premises now or hereafter held by Lessee which contain higher standards tha n those contained in laws or governmental regulations relating to the leased Premises, Lessee shall conduct its operations on the leased r p emises and shall take such steps for the protection or restoration of the leased premises in the same manner as shall be required by the laws or governmental regulations applying to such leases. Lessee shall promptly furnish to Less • or a copy of all maps, mining plans or plans for the restoration of the lea sed premises or the lands covered by such leases which Lessee is required to file from time to time with any competent governmental authority. Lessee shall use waste material excavated from.the leased premises in refilling the excavations caused by its strip minin o Such refillin shall g er P ations. g be done, so far as practical, as the operations progress. Lessee agrees to replace any private or public roads across the leased premises which have been detoured due to stripping • operations. The foregoing obligations of Lessee shall be performed in accordance with directions of authorized representatives of Lessor. Lessee will furnish free to Lessor, at least once during each six 6 period during ( ) month the term of this lease, and at more frequent intervals at the reasonable request of Lessor, a map and other pertinent • data showing the extent of all strip, auger and underground workings g as of the date of issue (showing the dates of such workings g by month) sufficient to enable Lessor to determine the volume of coal mined and in dicating the boundaries of the leased premises and all other lands then under development, - • or held for development,P by or through an opening or openings serving the leased premises. ILessee shall furnish Lessor with copies of drill logs of all test holes made, together with maps showing the location of such test holes and copies of analyses of all coal found, and shall permit representatives of Lessor to.•be present when such test holes arc made, and to examine the samples removed therefrom. SECTION 9. ACCESS TO BOOKS AND ACCOUNTS Authorized representatives of Lessor shall have free and full access to those accounts, books and records of Lessee that reflect the actual tons of coal mined, removed, sold and used from the leased premises. Lessee shall furnish to Lessor's representatives all reasonable assistance they may require in the examination of said accounts, books and records, and shall also furnish all other reasonable assistance and all statements of coal mined from the leased premises or to check the physical condition of the property. SECTION 10. DISPOSAL OF WASTE, SLACK, REFUSE AND MINE WATER Lessee shall make such provision for the disposal of waste, slack, refuse and mine water from any mine on the leased premises that • the same shall not be a nuisance to or injure the lands of Lessor or of others nor obstruct any stream, right-of-way or other means of transportation or travel on the lands of Lessor or others, and Lessee shall indemnify and hold harmless Lessor from and against any and all liability, loss, damage, claims, demands, costs and expenses resulting from the disposal of such waste, slack, refuse and mine water. SECTION 11 . LIENS Lessee shall fully pay for all machinery, equipment and materials joined or affixed to the leased premises and shall pay in full all persons who • perform labor upon said premises and shall not permit or suffer any liens of any kind or nature to be enforced against said premises for any work done or machinery, equipment or materials furnished at the request or on behalf f of Lessee; and Lessee shall indemnify and hold harmless Lessor and any M owners of the surface or portions of the leased premises from and against any and all liens, claims, demands, costs and expenses in any way connected 1 with or growing out of such work done, or machinery, equipment or materials furnished. . i SECTION 12. EMPLOYER'S LIABILITY AND WORKMEN'S COMPENSATION PENSATION (a) Lessee assumes all risk of loss of or damage to buildings or contents on the leased premises, and of or to other property brought thereon eon by Lessee or by any other persons with the knowledge or consent of Lessee, and of or to property in proximity to the leased premises when connected with or incidental to the occupation thereof, and any incidental loss or injur • Y • to the business of Lessee, where such loss, damage, destruction or injury is caused by, or results from, operations of Lessor, whether such loss or injury be the result of negligence on the part of Lessor or negligence or misconduct on the part of any officer, servant or employee of Lessor, or otherwise. (b) Lessee agrees to hold Lessor and its officers, agents, and • employees harmless from and to indemnify them and each of them against any and all loss, damage, claims, demands, and causes of action, including . • all costs and expenses incident thereto, for injury to or death of persons whomsoever, or loss of or damage to property whatsoever, including claims, demands and causes of action to which any insurer may be subrogated, arising out of, resulting from, or in any way connected with operations conducted T !under this lease, the condition of the leased premises (except any condition caused by any operations of the Lessor on the leased premises), or arising i by failure of the Lessee to perform any covenant herein contained. f SECTION 14. LESSOR TO BE GIVEN NOTICE OF LITIGATION Lessee shall promptly notify Lessor in writing of the institution of any litigation involving the rights g granted by this lease, and, in the event f I Lessor, in its judgment, is interested therein in any way, it may, at its option, enter into the conduct of such litigation to the extent of its interest. ! SECTION 15. DEFAULT BY LESSEE If Lessee shall breach or be in default as to any of the covenants in this agreement, Lessor shall notify Lessee of such breach or default by a writing addressed to Lessee at 1010 Western Federal Savings Building, , • Denver, Colorado 80202 or at such other addresses as Lessee may from time to time designate in writing. If Lessee shall fail or neglect within sixty (60) clays after giving of such notice to commence promptly and in r good faith to correct the breach or default complained of, and thereafter to continue diligently its efforts to correct such default, Lessor, at its option, may declare this lease forfeited and terminated without waiver of any claim for damages arising out of or resulting from said breach or default. • — A waiver by Lessor of a particular breach of covenant or . covenants shall not be deemed or held to be a waiver of or to affect any subsequent breach or to impair its right resulting therefrom. SECTION 16. SURRENDER OF PROPERTY Upon termination of this lease•for any cause, Lessee shall immediately quit and surrender possession of the leased premises without delay or hindrance subject to the provisions of Section 17 hereof, and Lessor shall have the right immediately upon such termination to enter upon the leased premises and to take immediate possession thereof without declaration of forfeiture, act of re-entry or process of law. SECTION 17. REMOVAL OF LESSEE'S PROPERTY Upon termination of this lease and for a period not exceeding one hundred eighty (180) days thereafter, Lessee shall have the right to remove from the leased premises all tools, machinery or other equipment which Lessee may own and shall, within said period, upon notice from Lessor, remove the same and leave the leased premises in good order and condition, except that Lessee shall not remove or impair any supports, mine props, or mine timbers which may be necessary for the protection of any openings at any mine or mines. No tools, machinery or other I equipment belonging to Lessee shall be removed from the leased premises so long as Lessee shall be indebted in any manner to Lessor under any obligation arising under this lease. i • -10 • - • SECTION 18. ASSIGNMENT Lessee may not assign any part of its interest in this lease or - , sublet the leased premises in whole or in part, except to a trustee, insurance company, bank or similar financial institution to secure a bona fide loan or other indebtedness of Lessee, without the prior written consent of Lessor. Any transfer or assignment of this lease or any subletting of any part of the leased premises not authorized by this section, whether voluntary, by operation of law or otherwise, without the consent in writing of the Lessor, shall be absolutely void and, at the option of the Lessor, shall terminate , this lease. SECTION 19. SUCCESSORS AND ASSIGNS Without waiver of the provisions of Section 18 hereof, this lease shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. SECTION 20. MEMORANDUM FOR RECORDING The parties contemplate and agree that they will execute for recording purposes a brief memorandum of this lease in order to avoid the necessity for either party to file for record a complete copy of this entire agreement between the parties. SECTION 21 . NOTICES All notices or communications directed to Lessor hereunder shall be addressed to: Rock Springs Royalty Company 4704 Harlan Street Denver, Colorado 80212 All notices or communications directed to Lessee hereunder shall be addressed to: The Imperial Coal Company • 1010 Western Federal Savings Building Denver, Colorado 80202 Either party may at any time by written notice to the other party change the address to which notices or communications shall be sent. • r . SECTION 22. PREVIOUS AGREEMENTS Effective on the date of execution o • , this lease shall supersede that certain license agreement between the parties dated November 2g 1962 as amended; provided ' • however, that all obligations accruing under said agreement prior'to the effective date hereof and effect. shall remain in full force • SECTION 23. DISCLAIMER All rights, duties and obligations hereun "parties hereto and their respective successors. and assigns. No right of enforcement of any g y right, duty or obligation shall inure to any ar party to this lease agreement. - p tY not a IN WITNESS WHEREOF, the parties hereto ha agreement in du ve executed this plicate effective the day and year first above writt en. Attest: ROCK SPRINGS ROYALTY COMPANY NY - f By 1sisfaary '. .. . ,,� { � , President Attest: THE IMPERIAL COAL COMPANY By � - -r-• Secretary It s • • • r•' : • • Exhibit A , • To Lease Agreement • Effective as of the = day of 1 F} ecH • , 1976, • Between Rock Springs Royalty Company, Lessor, and The Imperial Coal Company, Lessee • Township 1 North, Range 67 West, 6th P.M. Section 5: All Section 7: Ez NE4;SE4 • • Township 1 North, Range 68 West, 6th P.M. Section 4: All Section 21: All excepting that certain strip of land, containing 7.10 acres, more or less, fifty feet (50') in width located in por- tions of Section 21: Si and NE4, which strip of land was conveyed to Community Ditch and Reservoir Company for a ditch right-of-way by Grant Deed No. 40, dated September 20, 1886, from The Union Pacific Railroad Company - Township 2 North, Range 68 West, 6th P.M. Section 33: Ef; Ez SW4 EXHIBIT P Owners of Record j ...../ oo i H B I,l• `---ij ti` /1S i r n • 1 w 1 p 4 \ 1,llI• 9 r • �' Junc �_ _ 5070 Cs ' � •• nn sio •- n s 7 \ — (-5/017CI 31 � P a'J 1 S', I 44 Cl2r.,1 sij 5 15 ation 1 s'33 .-3 •7°111 r• I� • � .7 - 0• 7 a0• . I GLcinc PM r•-", _ Szo. . — — — ••-_ — 41 % 126 '0 ��li 1 J I . � 2'30•• \ C..- J r C - ��4.r I 8 :Mcp o I ---\ ... J:- 5 05 . `. 2� 1 . McNickle, James L. & Eva M. 6. Cosslett, Richard Etal 2475 Winona Court c/o First National Bank Denver, CO 80212 303-433-7039 Longmont, CO 80501 303-776-5800 2. Wright, Maybelle & Annie Jane 7. Davis, Charles S. & Alma G. • Box 94 3400 East Tennessee Erie, CO 80516 303-828-3261 Denver, CO 80209 303-777-8941 3. Butland, George M. & Hilda 8. Crandell , Helen A. IInt. & - 4281 Weld County Rd. 10 Crandell , Helen A. Trustee- 3/4th Int. Erie, CO 303-288-9234 1223 Race Street #905 Denver, CO 80222 303-377-2292 4. Colorado Serum Co. 4950 York Street 9. Hamilton, Frnacis W. Denver, CO 80216 303-623-5373 Land Owner # 24830 . Smith, Roger N. & Sherry L. . Smith 5. Union Pacific Land Resources Corp. 4022 Weld County Rd. 11 Tax Dept. UPRR Co. Erie, CO 80516 No Phone Listing 1416 Dodge Street Omaha, Nebr. 68102 402-271-100III ADDENDUM Imperial Coal Company - Applicant DEPARTMENT OF THE INTERIOR Office Of Surface Mining Reclamation And Enforcement Surface Mining . Reclamation And Enforcement Provisions August 15 , 1978 GENERAL PERFORMANCE STANDARDS 715.12 (b) Properly constructed signs will be posted at area of access to the mine. Signs will show the name, business address and telephone number of the permittee and identification numbers of current mining and reclamation permits. (c) Perimeter of the survey will be clearly marked. (d) Buffer zone markers will be posted as required. (e) If blasting is required sign designating the blasting area will be properly posted. (f) Where topsoil is segregated it will be marked as topsoil. 715 .13 See Exhibit E . 715 .14 See Exhibit E. 715 .15 Not applicable. 715.16 See Exhibit D. 715 .17 - (a) All surface drainage from the disturbed area including dis- turbed areas that have been graded, seeded, or planted, shall be passed through a sediment pond or series of sediment ponds before leaving the permit area. Sedimentation shall be retained until water from the disturbed area has met water quality requirements as specified in the NPDES permit (Exhibit N) . (b) A water monitoring program as outlined by the NPDES permit will be followed. This plan will not be available until issuance of the permit which will provide for adequate monitoring of discharge and data for describing daily and seasonal variations . (c) Not applicable. (d) Not applicable. (e) Appropriate sediment control measures shall be designed, constructed and maintained to prevent additional contributions of sediment to streamflow or to runoff outside the permit area. (Exhibit D) . The sediment pond shown on map of Exhibit D will hold 14.4 acre feet of water. A three inch rain in a 10 year 24 hour period is the maximum rainfall for this area. The disturbed area, other than the pit which will serve as its own sediment pond, will be 21 acres. Therefore, this area would accumulate 5 .2 acre feet of water in such a storm. As required an additional 0.2 acre feet of storage for each acre of disturbed land is provided. Also provided is storage capacity for 24 hours and a surface area of one square foot for each 50 gallons per day of inflow. (f) Discharge from sedimentation ponds shall be controlled as necessary to reduce erosion. (g) Drainage over acid and toxic material will be avoided by burying these materials (See Exhibit D) . (h) Groundwater recharge capacity will be protected by reclaiming the mined areas to pre-mining recharge capacity. It will be restored to minimize disturbance to the prevailing hydrologic balance. Monitoring of the groundwater will be done in a manner as approved by regulatory authorities . (i) Water that has been affected by contamination, diminution or interruption resulting from surface coal mining activities will be replaced. (j) Not applicable. (k) Not applicable. 715 .18 No water material shall be used or impounded by existing or new dams. 715 . 19 All local, state and federal laws will be complied with in the handling of explosives. These regulations are detailed in "Code of Federal Regulations 30." These regulations are included below. Blasting is also discussed in Exhibit D, pages 5 and 15 . 715 .20 Revegetation is based on the assumption that the property is farmland presently being farmed as dryland winter wheat. The reclaimed revegetation usage would be the same and would go immediately to that after reclamation. Reclamation will be an integral part of the mining plan and therefore land that is mined will not be farmed. For example the area mined in year one (Exhibit D Map) will be reclaimed in year two and then planted into winter wheat. Prior to planting, soil tests will be made and appropriate fertilizers applied. • -;,ms Chapter l—Mining u'='. §77.1300 Title 30—Mineral Resources (1) Explosives os Sub art N—Explosives and Blasting (12) Unheated, unless heated in a transported prom - manner that does not create a fire or delays in transit. . w- §77.1300 Explosives and blasting. explosion hazard. (g) Explosives o - `'- ' (a) No explosives, blasting agent, explosives tor ype magazines transported at t detonatorswork in areas that expose a o detonator, or any other related blast- shall be constructed with only non- persons. F ing device or material shall be stored, sparking material inside and equipped (h) Only the i -(ti transported,carried, handled,charged, with covers or doors and shall be locat- shall ride on or b fired, destroyed, or otherwise used, ed out of the line of blasts. explosives or deter - fl x employed or disposed of by any person (e) Secondary and box-type merger- (i) Vehicles sha { at a coal mine except in accordance ever practical r _' zines shall be suitably labeled. ., with the provisions of §§77.1301 (f) Detonator storage magazines loaded with exple: through 77.1304, inclusive. (j) When vehic t (b) The term "explosives" as used in shall be separated by at least 25 feet sives or detonat nc es from explosive-storage magazines. `' •'" this Subpart N includes blasting brakes shall be s Dim' agents. The standards in this Subpart ( Cases or boxes containing explo- shut off, and tl+ = x .' N in which the term "explosives" ap- sives shall not be stored in magazines blocked securely s , s pears are applicable to blasting agents on their ends or sides nor stacked - more than 6 feet high. (k) Vehicles cox (as well as to other explosives) unless detonators shall (h) Ammonium nitrate-fuel oil blast- blasting agents are expressly excluded. repair garage or r is. .M ing agents shall be physically separat- ) ed from other explosives, safety fuse, §77.1301 Explosives;magazines. §77.1303 Explosiv. a , or detonating cord stored in the same ,., � `.4' (a) Detonators and explosives other magazine and in such a manner that (a)Persons wile '. than blasting agents shall be stored in sives or detonat ;,; oil does not contaminate the other ex- magazines. plosives, safety fuse or detonating enced men who (b) Detonators shall not be stored in cord. ards involved; tr .1; ^- the same magazine with explosives. work only unde f�� (c) Magazines other than box type §77.1302 Vehicles used to transport explo- and in the inaneshall be: sives. perienced men. (1) Located in accordance with the e, (b) Blasting current American Table of Distances (a) Vehicles u d to transport , shall under the direct for storage of explosives. sives, other than blasting agents, persons. h w_ have substantially constructed bodies, (c) Substantial (2) Detached structures located no sparking metal exposed in the ik containers shall away from powerlines, fuel storage cargo space, and shall be equipped :-.t.': .. areas, and other possible sources of with suitable sides and tail gates; ex plosives,blasting other ti . fire. plosives shall not be piled higher than the ) Damaged side. .� A (d) Damaged (3) Constructed substantially of non- the side or end. 42ysives or detonate combustible material or covered with (b) Vehicles containing explosives or fire-resistant material. detonators shall be maintained in good in a safe manner l (e) Where elec (4)Reasonably bullet resistant. condition and shall be operated at a performed, elect (5)Electrically bonded and grounded safe speed and in accordance with all ment in the it if constructed of metal. safe operating practices. blasted shall be (6) Made of nonsparking materials (c) Vehicles containing explosives or plosives or deton '4,.°. on the inside,including floors. detonators shall be posted with proper the area; the (7) Provided with adequate and ef- warning signs. turned on again " ' fectively screened ventilation openings (d) Other materials or supplies shall are fired. near the floor and ceiling. not be placed on or in the cargo space (f) Explosives (8) Kept locked securely when unat- of a conveyance containing explosives, ed from detona tended. detonating cord or detonators, except started. _ (9) Posted with suitable danger signs for safety fuse and except for properly (g) Areas in w; so located that a bullet passing secured nonsparking equipment used awaiting firing through the face of a sign will not expressly in the handling of such ex- 1 barricaded and strike the magazine. plosives, detonating cord or detona- against unautho is (10) Used exclusively for storage of tors. (h) Ample we explosives or detonators and kept free (e) Explosives and detonators shall f before blasts a of all extraneous materials. be transported in separate vehicles ` shall be cleared (11)Kept clean and dry in the interi- unless separated by 4 inches of hard- blasting area u or,and in good repair. wood or the equivalent. i- IL -. 526 z �_. ._._._ Chapter I—Mining Enforcement, Safety Admin. §77.1303 • lei Resources I (f) Explosives or detonators shall be shelters are provided to protect men Ii 3s heated in a transported promptly without undue endangered by concussion or flyrock cre e a fire or delays in transit. from blasting. (g) Explosives or detonators shall be (i)Lead wires and blasting lines shall es d to store transported at times and over routes not be strung across power conductors, s in work areas that expose a minimum number of pipelines, railroad tracks, or within 20 vith only non- persons. feet of bare powerlines. They shall be e ! I equipped (h) Only the necessary attendants protected from sources of static or 1 s 11 be locat- shall ride on or in vehicles containing other electrical contact. sts explosives or detonators. (j) For the protection of under- 4Ox-type maga- (i) Vehicles shall be attended, when- ground workers, special precautions abe'-d. ever practical and possible, while shall be taken when blasting in close magazines loaded with explosives or detonators. proximity to underground operations, at st 25 feet (j) When vehicles containing explo- and no blasting shall be done that cagazines. sives or detonators are parked, the would be hazardous to persons work- ntaining explo- brakes shall be set, the motive power ing underground. d i magazines shut off, and the vehicles shall be (k) Holes shall not be drilled where s r stacked blocked securely against rolling. there is danger of intersecting a (k) Vehicles containing explosives or charged or misfired hole. e-fuel oil blast- detonators shall not be taken to a (1) Only wooden or other nonspark- sic --y separat- repair garage or shop for any purpose. ing implements shall be used to punch es, fety fuse, holes in an explosive cartridge. I ed the same §77.1303 Explosives,handling and use. (m) Tamping poles shall be blunt a. manner that (a)Persons who use or handle explo- and squared at one end and made of e thn other ex- sives or detonators shall be experi- wood, nonsparking material, or of spe- or fetonating enced men who understand the haz- cial plastic acceptable to the Mining ards involved; trainees shall do such Enforcement and Safety Administra- work only under the supervision of tion. transport explo- and in the immediate presence of ex- (n) Delay connectors for firing deto- b perienced men. nating cord shall be treated and han- an ort explo- (b) Blasting operations shall be died with the same safety precautions +g Lo_nts, shall under the direct control of authorized as blasting caps and electric detona- i tructed bodies, persons. tors. pc--d in the (c) Substantial nonconductive closed (o) Capped primers shall be made up 1 1 equipped containers shall be used to carry ex- at the time of charging and as close to plosives, other than blasting agents to the blasting site as conditions allow. to gates; ex �d higher than the blasting site. (p) A capped primer shall be pre- (d) Damaged or deteriorated explo- pared so that the detonator is ton- g e plosives or sives or detonators shall be destroyed tamed securely and is completely em- ata ≥d in good in a safe manner. bedded within the explosive cartridge. of..ated at a (e) Where electric blasting is to be (q) No tamping shall be done direct- dance with all performed, electric circuits to equip- ly on a capped primer. • ment in the immediate area to be (r)Detonating cord shall not be used e losives or blasted shall be deenergized before ex- if it has been kinked, bent, or other- ed th proper plosives or detonators are brought into wise handled in such a manner that the area; the power shall not be the train of detonation may be inter- turned on again until after the shots rupted. st' 'plies shall are fired. (s) Fuse shall not be used if it has ze rgo space (f) Explosives shall be kept separat- been kinked, bent sharply, or handled ini xplosives, ed from detonators until charging is roughly in such a manner that the ctazors, except started. train of deflagration may be interrupt- )t for properly (g) Areas in which charged holes are ed. g tent used iawaiting firing shall be guarded, or (t) Blasting caps shall be crimped to such ex- i barricaded and posted, or flagged fuses only with implements designed -d • detona- f against unauthorized entry. for that specific purpose. 1 (h) Ample warning shall be given (u) When firing from 1 to 15 blast- torn*.ors shall before blasts are fired. All persons holes with safety fuse ignited individ- tr, vehicles shall be cleared and removed from the ually using hand-held lighters, the 4c1 of hard- blasting area unless suitable blasting fuses shall be of such lengths to pro- 527 ,yam ' ,,., t - - v _- 14 ' a r " , Y a ter= 1. . w w , x'. '2E� 'fit,,'fif'. 41 4k. ' '0,*' ' n fir ,` a a ', 'a, •, -- ft J J 4 +he r. •. ?1 a 4-' ''' ' • }�', S' i''. f , z ,y `.s` rat. r },a _,.,M xY.ip., "Sib . -,.. . dl ..z y. .-o ,.... �.•aw ZsTT'�T µ ii 4` i it- v i' 1. 6.,..'. " §77.1303 Title 30—Mineral Resources Chapter.1-14C vide the minimum burning time sped- (ff) Power sources shall be suitable (ss) Unused feed in the following table for a par- for the number of electrical detona- tors shall be ticular size round: tors to be fired and for the type of cir- as soon as t ` cults used. completed. to a sound time,minutes Number of holes Minimum burning (gg) Electric circuits from the blast- (tt) When r 2 ing switches to the blast area shall not used, chargin 9 .-,, 2-5 2% be grounded. diately when ,. 6-10 3% (hh) Safety switches and blasting electricity or rr-r5 a switches shall be labeled, encased in ed; the cond iks In no case shall any 40-second-per-foot boxes, and arranged so that the covers before chargii safety fuse less than 36 inches long or of the boxes cannot be closed with the (uu) When '7 any 30-second-per-foot safety fuse less switches in the through-circuit or used, chargin :- than 48 inches long be used. firing position. men withdraN (v) The burning rate of the safety (ii) Blasting switches shall be locked the approach fuse in use at any time shall be mea- in the open position, except when f sured, posted in conspicuous locations, closed to fire the blast. Lead wires §77.1304 Blas t-' and brought to the attention of all shall not be connected to the blasting sions. '' men concerned with blasting. switch until the shot is ready to be tea = (w) Electric detonators of different fired. (a) Sensiti ,' �i;- blasting ager ,;, brands shall not be used in the same (jj) The key or other control to an thereof prior .:z4 round. electrical firing device shall be en- and in (x) Adequate priming shall be em- trusted only to the person designated om stored ior ployed to guard against misfires, in- to fire the round or rounds. formation Ci creased toxic fumes, and poor perfor- (kk)If branch circuits are used when l * --'1.'° mance. blasts are fired from power circuits, ommendatior urn Nitrate B (y) Except when being tested with a safety switches located at safe dis- blasting galvanometer: tances from the blast areas shall be quent revisio t; (1) Electric detonators shall be kept provided in addition to the main blast- (b) Whereployed,befor shunted until they are being connect- ing switch. eration usin+• ". ed to the blasting line or wired into a (11) Misfires shall be reported to the into effect, a • 5 blasting round. proper supervisor and shall be dis- ` (2) Wired rounds shall be kept posed of safely before any other work tial hazard o �"�` made. Adeqi P••,r,, „ shunted until they are being connect- is performed in that blasting area. ed to the blasting line. (mm) When safety fuse has been grounding al (3) Blasting lines shall be kept used, men shall not return to misfired tive parts of shunted until immediately before holes for at least 30 minutes. ment, shall -.K hazard of blasting. (nn) When electric blasting caps ' , (z) Completely wired rounds shall be have been used, men shall not return blasting ager tested with a blasting galvanometer to misfired holes for at least 15 min- (c) Pneun ' before connections are made to the utes. shall not be Wr. z blasting line. (oo) If explosives are suspected of airlines, rail: > (aa) Permanent blasting lines shall burning in a hole, all persons in the trical grounc �..t , (d) `_Y._ be properly supported, insulated, and endangered area shall move to a safe (d) Hoses l et' kept in good repair. location and no one should return to pneuof tic 1 - (bb) At least a 5-foot airgap shall be the hole until the danger has passed, total ther semic provided between the blasting circuit but in no case within 1 hour. the dissipate .' ,- and the power circuit. (pp)Blasted areas shall be examined „1:»°"s's , (cc) When instantaneous blasting is for undetonated explosives after each high enough performed, the double-trunkline or blast and undetonated explosives electric curr ;.r„ rt'KY loop system shall be used in detonat- found shall be disposed of safely. countered h } (qq) Blasted areas shall not be reen- cause of th �� ' � ing-cord blasting. ,,-.._ '': (dd) When instantaneous blasting is tered by any person after firing until stray electric performed, trunklines, in multiple-row such time as concentrations of smoke, ,..• 4. blasts, shall make one or more corn- dust, or fumes have been reduced to Subpc plete loops, with crossties between safe limits. a1, :" loops at intervals of not over 200 feet. (rr) In secondary blasting, if more §77.1400 Ms F ,p _ lee) All detonating cord knots shall than one shot is to be fired at one The stand be tight and all connections shall be time, blasting shall be done electrical- part O, appl kept at right angles to the trunklines. ly or with detonating cord. . 528 II R,. „,1NOT.k dam' 7':". _ y �yn ��NE+ � L• y n' t i is t ; F .•, §. 4,-.174:,, t% ' +rg'Sti}^t -*-4-", , • ier ' Resources Chapter I—Mining Enforcement, Safety Admin. §77.1403 ' I: ia1� _e suitable (ss) Unused explosives and detona- tors, together with their appurte- 'ctrical detona- tors shall be moved to a safe location nances,that are used for hoisting men. th' ype of cir- as soon as charging operations are completed. §77.1401 Automatic controls and brakes. fro the blast- (tt) When electric detonators are Hoists and elevators shall be , it area shall not used, charging shall be stopped imme- equipped with overspeed, overwind, '' diately when the presence of static and automatic stop controls and with I I blasting electricity or stray currents is detect- brakes capable of stopping the eleva- ed ncased in ed; the condition shall be remedied tor when fully loaded. thL_ the covers before charging is resumed. closed with the (uu) When electric detonators are §77.1402 Rated capacity. ug'- ^ircuit or used, charging shall be suspended and Hoists and elevators shall have rated men withdrawn to a safe location upon capacities consistent with the loads sill be locked except when the approach of an electrical storm. handled and the recommended safety k factors of the ropes and cables used. I st. Lead wires §77.1304 Blasting agents; special provi- to e blasting lions. §77.1402-1 Ropes and cables; specifics- . 4s tdy to be tions. (a) Sensitized ammonium nitrate The American National Standards control to an blasting agents, and the components Institute "Specifications for the Use of s'--ll be en- thereof prior to mixing,shall be mixed Ropes for Mines," M 11.1-1960, so) lesignated and stored in accordance with the rec- Wire latest sM1 shall 0, id: ommendations in Bureau of Mines In- orused as a guide revisionin the use,thereof, shall be are used when formation Circular 8179, "Safety Rec- cower circuits, ommendations for Sensitized Ammoni- installation, and maintenance of wire k I 1 safe dis- um Nitrate Blasting Agents," or subse- ropes used for hoisting. an . shall be quent revisions. §77.1402-2 Maximum load;posting. ;he ..iain blast- (b) Where pneumatic loading is em- ployed,before any type of blasting op- number of men 1 ep ed to the eration using blasting agents is put maximum nu hoist or permitted one I s1 1 be dis- into effect, an evaluation of the poten- totime;ridet on liacit shall be posted elevatoro each fly ,her work tial hazard of static electricity shall be sting area. made. Adequate steps, including the elevator and on each landing. 'use has been grounding and bonding of the conduc §77.1403 Inspection and maintenance. lrn ) misfired tive parts of pneumatic loading equip- ment, shall be taken to eliminate the (a) Hoists and elevators shall be ex- bl_ ing caps hazard of static electricity before amined daily and such examinations tall not return blasting agent use is commenced. shall include, but not be limited to, 1' t 15 min- (c) Pneumatic loading equipment the following: shall not be grounded to waterlines, (1) A visual examination of the rope≥ t s petted of airlines, rails, or the permanent elec- for wear, broken wires, and corrosion, ,ersons in the trical grounding systems. especially at excessive strain points; nove to a safe (d) Hoses used in connection with (2) An examination of the rope fas- 3u] return to pneumatic loading machines shall be tenings for defects; er ss passed, I of the semiconductive type, having a (3) An examination of the elevator ou.. total resistance low enough to permit for loose,missing,or defective parts; 11 be examined 1 the dissipation of static electricity and (4) An examination of sheaves for ve: fter each ( high enough to limit the flow of stray broken flanges, defective bearings, ≥d xplosives electric currents to a safe level. Wire- rope alignment, and proper lubrica- )f: ely. countered hose shall not be used be- tion;and 11 not be seen- cause of the potential hazard from (5) An examination of the automatic er firing until stray electric currents. controls and brakes required under 4or )f smoke, §77.1401. en :duced to Subpart O—Man Hoisting (b) A report of the daily examina- tions shall be signed by the person making such examination and the sting, if more §77,1400 Man hoists and elevators. report shall be signed or countersigned f- d at one ` on electrical- f The standards set forth in this Sub- by any of the persons listed in Para- d. I part O, apply only to hoists and eleva- graph(d)of§77.1713. 529 , Y, rTTTIT1 considerations, bs of the if adopted, require the operator to ometry of the mine workings, and by damage inflicted upon the victims of conduct mining operations so as to other factors. mine blasting have been enormous. maximize resource recovery. This Property damage in Appalachia alone would be accomplished by mining all §816.61-816.68 Use of explosives. was estimated at $1.5 billion for the available coal at a minesite which it is These Sections are being proposed to years 1965-1975 Hearings, supra Part economically feasible to extract. protect the safety and property of the II at 283. In at least one State, private The authority for this uroposed Sec- public, underground mines, and insurance firms and Federal agencies tion is found in Sections 102, 201, 501, ground and surface waters outside of have denied property insurance and 503,504, 510, and 515 of tile Act. permit areas from blasting performed guaranteed loans for prospective pur- The Office considered including spe- in surface coal mining activities. chasers of dwellings near mines as a cific language requiring the recovery Prior to the enactment of Pub. L. result of the damage caused by surface of all coal economically feasible to be 95-87, the Subcommittee on Energy mining blasting. Ibid. recovered from a site, but did not in- and Environment of the House Corn- Sections 816.61-816.68 are proposed elude such language in the proposed mittee on Interior and Insular Affairs under the authority of Section 102, regulations. The proposed regulations heard extensive testimony on the 201, 501, 503, 504, 515, 517 and 719 of would instead be satisfied by a good extent and the nature of the hazards the Act. faith demonstration by the operator associated with blasting in surface B. Materials used by OSM to develop to the regulatory authority that all mining. Surface Mining Control and coal which is economically feasible to these regulations ley, C., include: _recover will be mined. Reclamation Act of 1977: Hearings on 1.Ashley, C., and Parkes,D.B., 1976, The most commonly H.R. 2 before the Subcommittee on Blasting in Urban Areas: Tunnels & The 85, n and mentioned These per-- Energy and Environment of the House Tunnelling (British Tunnelling Soci- centages tea weres not 90,includeda95. for seth al-ee Comm. on Interior and Insular Af- ety),Sept. 1976,p. 60-67. reasons First, it is difficult to precise- ,fairs, 95th Cong., 1st Sess. (1977). 2. Barnes, Jack (John B ), 1977, The ly define the amount of coal existing Those hearings indicated that the effects of strip mine blasting on resi- st a site prior to mining, because of Process by which coal is surface mined dential structures—Ayshzre Mine, War- variable thickness of seams and part- required a great deal of blasting to rick and Vanderburg Counties, Indi- ings, variable quality of the coal, and fracture the rock strata which overlies ana: Paper presented to the Indiana the coal seam. variations in depth of overburden. Academy of Science, Indianapolis, Second, health and safety consider- When explosives are detonated, Ind.,Oct. 28, 1977, 19 p. ations may preclude attainment of large amounts of energy are rapidly 3 Coal Mine Health and Safety Act fixed percentages of recovery. Third, released by means of a chemical rear- of 1977 and 75 CFR,Subpart N. constant variation in thickness of tion. The most dramatic effect of the 4. Grim, E. and Hill, R., 1974, Envi- seams, quality of coal, depth of over- release of these vast quantities of ronmental Protection in Surface Coal burden, and mining conditions would energy is the generation of flying Mining (U.S. Environmental Protec- require a continuous monitoring and debris, rocks, dust, and other matenals tion Agency,No. 1BB040). detailed ongoing exploration program which, during the blast, can be lofted 5. Kentucky Department of Mines which is believed to be beyond the ca- in the air and dropped directly upon and Minerals, 1977, Laws and regula- pability of the regulatory authority to persons and property near strip mine tions governing explosives and blast- undertake or oversee. However, the sites. Ibid. This "flying debris" can be ing:Lexington,Ky.,p. 1. Office will continue to consider wheth- widespread and has resulted in people 6. Maryland Geological Survey, er fixed percentage recovery standards being killed by rocks crashing through should be required. their roofs. Id. at 289, 305, 313. Hear- Bureau of Mines, 1973, Blasting re- ings, supra, Appalachian Peoples Serv- stnctions (08.06.05.09) and Regula- Public comment on an express re- tions governing blasting (08.06.05), in quirement for recovery of coal eco- ice Organization); 211 (Statement of nomically feasible to recover versus Judy Stephenson, Director, Save Our Bituminous coal strip mines and auger Mountains, Inc.). regulations, Maryland Department of this secoimpind terne ive is invited. Natural Resources Rules and Regula- A second alternative of requiring a In addition, blasting causes "air separate list of cost variables and re- blast." The noise and concussions re- tions, p. 23. source figures from the operator was suiting from air blasts produce severe 7. Medearis, Kenneth, 1976, The de- also considered but not included at annoyances to people caught in the velopment of rational damage criteria this time. Public comment is invited wake of an air blast pressure wave and for low-rise structures subjected to on the utility of requiring this mfor- often cause damage in forms of: blasting vibrations.' A Report of the mation in permit application, for use National Crushed Stone Association: P electrical black-outs from destroyed Kenneth Medearis Associates, Fort ' by the regulatory authority according transformers and downed lines,the obstruc- Collins, Colo., and Valley Forge, Pa., to a fixed formula for determing eco- tion of stream beds, damage to structural nomic feasibility of recovery. foundations, damage to sidewalks, cracking 94 p.(duplicated report). " The reader's attention is directed to or separation of masonry, doors thrown out 8. Miller, P. H., (no date), Blasting proposed regulations for determining of plumb, windows cracked by excessive air vibrations and air blast: Park Central, . recoverable reserves under a Federal pressure or concussion, damage to walls and Ill.,Atlas Powder Co., 16 p. lease, recently published by the paneling and loosening of cabinet fixtures." 9. Nicholls, H. R., Johnson, C. F., ' United States Geological Survey, 43 Hearings, supra Part II at 284, 13 (Tes-' and Duvall,W. I., 1971, Blasting vibra- Fed.Reg. 29631 (July 10, 1978). timony of Center for Science in the tions and their effects on structures: Under the proposed regulations pub- Public Interest); Hearings, supra Part LLS. Bureau on Mines Bulletin 656, p. lished today, the regulatory authority III at 25 (Testimony of Rev. R. Bal- 13-29. would monitor the mining operations dwin Lloyd, Appalachian Peoples Serv- 10. Old Ben Coal Company, Corn- to assure that the operator is proceed- ice Organization); 210 (Earl ments to Office of Surface Mining ing in compliance with the mining Cheatwood, Alabama Needs Federal (1978). plan and with the determination of re- Coal Surface Mining Legislation). 11. Pennsylvania Department of En- coverable coal. Variations in recovera- Hearings, supra Part IV at 227 (Testi- vironmental Resources, Rules and . bility may be necessary where dictated mony of Northern Plains Resource Regulations, Title XXV, Pennsylvania , by quality of coal resources, by health Council.) Code, Ch. 211. - FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 or,T i+ 76978 41754 PROPOSED RULES 12. Research Energy of Ohio Inc., The preblasting suney requirement mine operator sufficient flexibility to Commcni.: to Office of Sarface proposed under Section 816.62 is man- carry out routine blasting activities. w Mdated under Section 515(b).15)(E) of The proposed blasting schedule 13 Sisk 1978 i 13 Sind, D E. 1977, Str::ctire if- the Act That Section of the Act ex- would inform local residents of their brain, front blast produced noise, in pressly establishes the one-half mile right to a preblasting survey and 18th lnterna,ional Reck Mechanics distance requirement Provision is advise them of how to obtain such a Symposium June 1977, Keystone. made for requiring approval by the survey The resident would also be Colo. P:oceedings,p. 1A3-1-1A3-5 regulatory authority of those persons told how the public will be protected 14. Siskind D.%E.. Stachura, V J., actually performing the survey- on from inadvertantly entering the blast- and Radcliffe, K S., 1976. Noise and behalf of the mining operator to ing area. Audible blast warnings and vibrations in residential structures insure that the survey procedures will all-clear signals would be described. A from quarry production blasting— be competently performed. Public description of emergency situations measurements at sir sites in Illinois: comments and suggestions are request- which will permit the operator to devi- U.S Bureau of Mines Report of Inves- ed with respect to the minimum stand- ate from the schedule will be part of tigation RI 8168, 17 p. ards, if any, which OSM should re- the schedule. 15. Siskind. D. E., and Stachura, V. quire be met by a person to be ap- The Office has considered whether J., 1977, Recording system for blast proved by the regulatory authority to the notice should be required to con- noise measurement' Sound and vibra- conduct preblasting surveys. Such tam the weight and types of explosives tions Journal, p. 20-23. comments should be supported where to be used However, because these 16. Siskind D. E., and Summers, C. possible. by appropriate technical lit- will vary with each blast, it was decid- • R., 1974,Blast noise standards and in- erature. ed that this information need not have strumentation: U.S Bureau of Mines, The object of the survey would be to be in the notice. Available informa- Environmental Research Program, twofold. One is to increase commune- tion also indicates that it is not possi- Technical Progress Report ("TPR cation between the mining entity and ble to predict, in advance, all emergen- 78")• the public about blasting operations. cy conditions that can occur when 17. University of Maryland, An In- Therefore, survey procedures are pro blasting The notice, therefore, would vestigation into Delay Blasting, 1975, identify the types of emergencies (de- posed with a minimum level of formal fined in Section 816.65) that the regu- NSF Contract APR 75 05171 to the ity. The second object of the survey is University of Maryland and Subcon to provide for the establishment of a latory authority has approved for tract No M-218907 to Martin Marietta blasting at other than scheduled Laboratories preblasting record as to the existing times. Section 816.61 contains general re condition of structures and other Under proposed paragraph quirements for the use of explosives physical facilities within the survey 816 65(a)(1),blasting would be restrict- Under the provisions of proposed Sec- area, so that operations may be de- ed to daylight hours, with provision tions 816 61 and 816.94(e) all blasting signed to avoid damage and to provide for the regulatory authority to further a baseline record against which the ef- limit the times of blasting. Blasting operations involving the use of more Sects of the mining-related blasting than the equivalent of 5 pounds of would be restricted to daylight hours TNT would be required to be conduct- can be assessed. for two reasons. ed according to published time sched- Examination of relevant technology First, blasting at night significantly ules. thus far has revealed no current, reli- increases hazards to mine workers and Five pounds equivalent of TNT has able methods for either predicting the makes site access-security and protec- been selected on the basis of blasting weights of individual charges that tion of the public much more difficult experience which shows that charges w ould prevent damage to structures or Second, blasting at night is much of this size can cause significant dis- determining the condition of struc- more disruptive to the peace and corn- turbance w hen usea in an improper tures in terms of resistance to vibra- fort of nearby residents. The over- blast design Since commercial explo- tion of structural and nonstructural v,helming majority of surface mines sives and basting agents hay c approxi- elements As a result, the procedures already restrict their blasting activi- mately the same energy as TNT, the for pre-blasting surveys are limited to ties to daylight hours without unduly five pound limit would apply to all determining the conditions of relevant hampering the efficiency of oper- commercial blasting products. structures and to document any preb- ations. Section 816 61 would provide for the lasting damage. However, because The interim program regulations re- - protection against the adverse effects technology for the types of prediction quire notification of the meaning of of blasting by specification of certain and determination discussed here may the warning signals to be given only to minimum training requirements for be developing for useful application, "persons within the permit area". Be- the personnel used by the industry to the Office specifically invites com- cause many people may commute to conduct blasting operations. Persons ments and supporting materials as to work regularly within the permit area, working with explosives would be re- whether additional or modified proce- the proposed permanent program reg• quired to be familiar with the Mine dures from those set forth in the pro- ulations would require notification to Safety and Health Administration posed text should be required in the these persons so that they may be af- (MSHA) regulations, in order to pro- final regulations. forded the same protection as local tect the health and safety of workers The interim program regulations re- residents. and the general public. They would quire the schedule to specify time in- Under paragraph 816.65 (a)(4), spe- also have to be familiar with the crements of not more than 4 hours, cific quantitative standards are pro. Bureau of Alcohol, Tobacco, and Fire- but not to cover all hours of the work- posed to control the adverse effects of arms, Department of Treasury regula- ing day. The wording in those regula- air blast resulting from blasting in sur- tions to assure that explosives do not tions has been subject to various inter- face mining operations Air blast is a fall into unauthorized hands. The pro- pretations. The permanent program compression wave that travels through posed requirement for current and regulations propose to leave the the atmosphere in much the same way valid certificates would be accom- number and length of time increments as a sound wave. It is caused when plished under the training and certifi- open but restrict the aggregate length energy from the explosion is released cation programs to be instituted under of the time increments to four hours directly into the atmosphere or by the proposed Subchapter M, as part of the per day. This change clarifies the re- movement of the ground surface after permanent regulatory program. quirement and would still give the blasting (Miller. (no date), pp. 10-15). FEDERAL REGISTER, VOL 43, NO. 181-MONDAY, SEPTEMBER 18, 1978 .... k ( PROPOSED RULES 41755 When air blast is audible to the ("Airblast Assessment and Control" produced strain which is related to � human ear, it is called noise.When air and "Determination of Criteria for cracking in interior walls. Displace- blast creates low frequency energy and Ground Vibration Damage from Sur- ment itself is not a good damage de- is inaudible, it is called concussion. Air face Mine Blasting"). These two pro- scriptor because of its frequency de- blast is measured as an overpressure jects are scheduled to be finished Oc- pendence (unlike particle velocity). (air pressure above atmospheric pres- tober 1, 1978, and there are plans to However, the structure walls and sure),either in pounds per square inch publish the complete results of both corners have definite frequency (psi)or in decibels(dB). projects in the fall of 1978. ranges, so an analysis was performed Air blast can cause both structural The Bureau of Mines plotted and to determine the airblast levels associ- damage and annoyance to people and analyzed hundreds of structure re- ated with the lowest damage case, animals Air blast can cause external sponse, ground vibration, and airblast 0.016 inches maximum wall displace- 'masonry and internal plaster to crack time histories. The Bureau of Mines ment. For both mid-walls and gross- and can damage windows. The most derived an appropriate airblast vs. structure motions (corners), the most common effects of air blast are: (1)dis- ground vibration equivalence, consist- strict values were derived by taking turbances created by the rattling of ent with the latest data on structure the lowest natural frequencies typical- windows, panels and doors which give response, damage, and tolerable levels. ly encountered, 12 Hz and 6 Hz, re- the impression that the structure is vi- While further analysis is planned on spectively. In all cases, the associated brating; and, (2) generation of loud both the currently existing body of airblast damage level for both one and noise which may be beyond human data and additonal measurements, the two story homes equaled or exceeded tolerance.High levels of low frequency values in the table are believed to rep- the 135 dB-linear (0.1 Hz) peak linear air blast can cause hearing damage, resent the latest state-of-the-art in un- and 109 dBC-slow, with most values even though the human hearing derstanding airblast effects on struc- within a few dB of these limits. The system does not register the sensation tures and methods of airblast mea- compatible results of these two inde- as sound. Siskind and Summers TPR - surement (Bureau of Mines summar- pendent analyses lends considerable 78,pp. 15-16. _ ies of this research have been submit- strength and validity to the results. The method proposed for control- ted to the Office and are available in The use of the C-slow scale has been ling air blast is a scale of decibel peak the OSM Administrative Record.) recommended by the Committee on standards. An alternative control con- Two independent approaches were Hearing and Bioacoustics Working sidered by the drafters was a require- used to derive the values in the table. Group 69 to the U.S.E.P.A.. It is un- ment for the stemming of all blast The more rigorous analysis involved certain whether this method is superi- holes. Stemming is a procedure where determination of the structure re- or to peak-linear but it does provide a explosives placed in a bore hole are sponse associated with the already rec- logical alternative airblast monitoring covered with fill material, to damp the ommended 1.0 inch per second ground system and is under continuing study. blast effect. Miller, (no date) at 14. At vibration. Plots were made of the data. Siskind, 1974 (TPR-78) was based on the time of the promulgation of the within four classes: one-story homes, a few mine blasts and an analysis of a interim performance standards, it was two-story homes, corner responses great deal of other data. The values determined that the prescribed (structural), and mid-wall responses recommended in the table in Section amounts of stemming was impossible (non-structural). 816.65(a)(6) are slightly stricter than to comply with under many condi- The airblast response data were TPR-78, with the 6 Hz value of 130 tions. See 42 Fed Reg. 62658 (Dec. 13, then similarly analyzed, except that dBL in the table corresponding to the 1977). No further information on this the above four categories were each recommended absolute minimum issue has come to the attention of the examined for six frequency intervals, damage level of 136 dB-linear(5 Hz)of Office. However, if such information including the four included i the TPR-78. Consequently, these recom- becomes available, the Office will fur- table. The results of this series of com- mendations should not only prevent ther consider the advisibility of pro- parisons were within a narrow range, airblast damage, but also should mulgation of stemming requirements. probably because the two natural fre- reduce annoyance factors. Accordingly, comments on the use of quencies of structure corners and walls The industry is believed to be capa- stemming as a means for the national are within fairly narrow ranges. ble of meeting the airblast values, if regulation of air blast are specifically The mid-wall and corner motions proper blast designs are utilized. This invited. could be controlled by peak-flat (0.1- will require additional care by opera- - A decibel scale is a logarithmic scale 500 Hz) airblasts of 135 to 137 dB- tors with thin parting layers and other directly related to overpressure and is linear, and C-slow maximums of 109- confinement problems, as poorly the scale commonly used to measure 112 dBC. The corner responses, which stemmed charges can easily exceed the sound and airblast. All airblast instru- are related to potential damage, justi- values specified. Most mining oper- mentation measures in decibel units. fled a maximum airblast level of 137 ations and blast engineering consul- Various instruments respond to differ- dB-linear, when the most disadvanta- tants have equipment which has flat ent frequency spectra in measuring geous combination of structure re- frequency response down to 5 Hz, and airblast. To avoid undue restrictions sponse to ground vibration and struc- will be designing to meet the 130 dB ' on the type of instrumentation that ture response to airblast was consid- criterion. an operator can use to measure airb- ered. Consequently, the use of 135 dB- Proposed Section 816.65(a)(6) has last, the Bureau of Mines has devel- linear (0.1 Hz) represents a small been drafted to indicate that any one aped a table, shown in Paragraph safety factor over the ground vibra- of the four specified frequency ranges 816 65(a)(6),Allowing for variations in tion standard of 1.0 in/sec. This factor may be used to characterize airblast. instrumentation frequency response. was needed to reduce human annoy- Under paragraph 816.65(a)(7) the Air blast frequency is measured in ante factors, due to mid-wall motions Office proposes to condition the use of Hertz (Hz) which is equivalent to and associated rattling. C-weighted- explosives within specified distances, cycles per second. slow responses were similarly analyzed upon prior approval of the regulatory Airblast levels and_appropriate mea- with the maximum value of 109 dBC- authority and other relevant entities. surement instrumentation specifica- slow recommended for the same The Office is aware that blasting can .tions are presented in the table. The reason. be conducted safely within the dis- values were derived from structure re- _ A second, independent technique tances set forth in the proposed regu- sponse data collected by two ongoing was used to analyze the airblast re- lations. However, the legislative histo- Bureau of Mines research projects sponse data, involving displacement- ry of the Act and technical studies re- FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 41756 PROPOSED RULES viewed show that significant adverse Most significantly, during the hear- scenic formations in the West hiy effects still i.oriinue to occur to per- ings corn uc ted by. the House Subcom- been noted as fai as nor-quarter of a sons and property at distances both mittee piiui to the passage of the Act, mile (1,320 feet) from the site of the within and beyond those limits being it was indicated that the Congress ex- blast. (Grim and Hill, 1974, p 93.) In- proposed. Accordingly, the Office pro- pressly expected that the Office would strumentation currently in use is capa- poses to establish distance limits to Promulgate regulations to establish ble of measuring noise and vibration in protect public health and safety. the type of blasting distance restric- order to assess damage from blast vi. The Office has considered argu- bons now being proposed and that brations at distances up to 1,000 feet ments that these restrictions conflict such restrictions were already being from the blast. (Ssskind and Stachura with the provisions of Section 522(e) achieved by the industry. During 1977.) of the Act, because the proposed regu- those hearings, one group testifying The distance limitation for blasting lation's distances are more stringent proposed additions to the draft Sec- within 500 feet of an underground than those of the Act. Subsections tion 515(b)(15)of the Act,including an mine is expressly required by Section 522(e)(4)-(5) of the Act prohibit any absolute ban on strip mining within 515(b)(12) of the Act. The Office is so- coal mining within 300 feet of certain 1000 feet of any occupied dwelling, belting suggestions on the definition structures and 100 feet of public roads public building, school, church, corn- of the active workings of a mine for and cemeteries However, the Office munity center, public park, or ceme- these purposes. It is not the intent of has decided that the blasting distance tery. This recommendation was based the Office to prohibit blasting from restrictions do not conflict with Sec- on extensive travel throughout the the vicinity of inactive portions of un- tion 522(e), as was recognized in con- on fields and findings that blowouts derground mines, in circumstances sideration of a similar regulation on the sides of highwalls would throw where there is no risk of danger to life. under interim program. flyrock out on a neighboring commu- property or the environment. under t theinte Regulation regulatory pogram nity for a distance of about 1000 feet. Under the proposed regulations, ap- Surface Mining nReCation ,Litigation,gat. Hearings on H.R. 2 before the Subcom- proval of the regulatory authority for the court held 1603,there, the limitation Ason mittee on Energy and Environment of waiver of the distance limits would the House Committee on Interior and depend primarily upon the results of a blasting by distance restriction, coup- Insular Affairs, 95th Cong., .1st Sess. preblasting survey or other appropri- led with the requirement of prior ap- (1977), Part II at 286-289. Congress- ate investigation. Similar criteria have proval of the regulatory authority, is man Seiberling, the Chairman of the been previously upheld for the interim within the power of the Office to pro- Subcommittee, indicated that this regulatory program in Surface Mining mulgate under Section 515(b)(15), of should be implemented by way of reg- Regulation Litigation, supra, 11 ERC the Act because it is not an absolute ulation, rather than amendment of at 1603. prohibition on mining as is contained the Act. Id., at 293. The Office considered requiring a in Section 522(e) of the Act. That Subcommittee also heard from waiver from affected landowners The proposed blasting distance re- one of the largest mining industrial before mining within the 1.000-foot strictions are based on several factors. groups in the country on the feasibil- distance limit would be approved. First, is the recognition that Congress ity of these distance restrictions: However, the landowner is believed to was itself specifically aware that blast- "We have solved the blasting prob- be adequately protected by other por- ing damage can extend far beyond a lem in Pennsylvania. We are closely tions of the blasting regulations, prin- few hundred feet from the site of the regulated Our mine inspector has to cipally by the requirement that the blast. Even early versions of the bill approve our blasting procedure and person conducting blasting demon- recognized that blasting could cause the plan on which we are going to strate to the regulatory authority that damage far beyond the permit area. notify the people. . . . The State of blasting within the 1,000-foot distance Section 515(b)(15) of the 1974 Act lim- Pennsylvania has a standard for the limit can and will be done safely. ited the type of explosives and deto- maximum size of a blast for strip The Office has proposed a require- nating equipment based upon the con- mining. We are not permitted to ment for flyrock limitations and solic- ' ditions of the site "so as to prevent (i) exceed that standard. When we get its suggestions on this subject. Bureau injury to persons, (ii) damage to public closer to buildings and homes than of Mines contract report J0366017, by and private property outside the 1,000 feet, we often must reduce that Management Science Associates, iden- permit area. . . ." (Emphasis supplied.) standard." Hearings, supra Part III at tines flyrock as the major cause of in- This subsection remained intact in the 89 (Statement of W. Harger, Presi- mine accidents. A further study has final bill See Section 515(b)(15)(C) of dent. Western Pennsylvania Surface been funded to quantify the flyrock the Act. Mine Operators' Association). (Em- problem. The requirement which is During its consideration of the bill phasis added). being proposed for flyrock limitation in the 1977 session, Congress approved In addition to Congress' specific ex- would prohibit rock from being a number of amendments to provide pectation that the Office establish thrown outside the mine property greater protection to residents who specific distance restrictions on blast- boundaries, would prohibit rock from lived outside the permit area. One of ing, technical studies received by it being thrown more than half the dis- the amendments, later Section show that the proposed limits of 1,000 tance from the blast to the nearest 515(b)(15)(E), provided for a pre-blast- feet from buildings and 500 feet from dwelling, other inhabited structure, or ing survey upon the request of a resi- other facilities are well within the right-of-way, and would prohibit rock dent or owner of a structure within ranges of damage caused by blasting from being thrown past the regulated one-half mile of the permit area. In involved in mining A study performed access zone specified in proposed Sec- expressing his support for this amend- by a professor of geology at Indiana tion 816.65(a)(4). ment, Congressman Udall said: State University indicated that there To prevent injury to persons and was structural damage caused by blast- damage to structures within and "This problem has been one of the most ing to 89 percent of the buildings around the area of operations from troublesome for individuals living in such within a 2'/z mile radius of the Ayr- the effects of ground vibration caused areas. The gentleman offered several shire Mine in Warrick County, Ind. by blasting, the Office proposes to es- amendments to protect homeowners and to John Barnes, 1977 See 123 Cong. on tablish a maximum peak particle ye - provide notice in case of blasting. I think Residential Structures-Ayrshire Mine loci) limitation of not more than 1 this is a good amendment and strengthens Y Y the bill 123 Cong Rec. H 3825 (Apnl 29, (1977). See 123 Cong. Rec. 8133 (May inch per second at the immediate loca- 1977)." 20, 1977). Vibration damage to natural tion of those structures. FEDERAL REGISTER, VOL 43, NO. 181--MONDAY, SEPTEMBER 18, 1978 = r - - .. - . — - --- — —---— t PROPOSED RULES 41757 Blasting causes large amounts of the safe and the damage zones. Ni- cholls afid the studies reviewed in Ni- energy to be released in the form of vi- cholls, 1971, p. 23. The Bureau classed cholls, 1971.Barnes'observations show brations;that is,shock waves radiating 2 inches per second as a "probability that blasting at 2 inches per second from the site of the blast. It is this type criterion." BOM 656, p. 24. By may cause damage.Barnes, 1976,at 12. shock wave that fragments the rock this it meant that at a peak particle Ashley and Parkes, 1976 is a study of near boreholes in which explosives are velocity of 2 inches per second the problems encountered by two British detonated. As the shock waves travel probability of damage was smalL The companies in constructing tunnels in or propagate, they stabilize and Bureau acknowledged, however, that urban areas. For protection of proper- become seicrnic waves. Seismic waves "the safe vibration criterion is not a ty in good repair,those authors recom- which propagate through the earth value below which damage will not mend a 1-inch per second standard. In are railed body waves. Those which occur and above which damage will addition to technical studies, the propagate along the surface of the occur."Mid. Office also notes that at least one of earth or travel to the surface and are Because damage still occurred at the the largest coal producing States reflected back into the earth are called 2-inch per second level, according to adopted a 1-inch per second standard surface waves. (Miller(no date)). Nicholls, the Office finds that a 1-inch to regulate surface coal mine blasting These seismic waves displace the per second limit is needed. The 1-inch prior to enactment of the Act. 25 Pa. rock or soil particles of which the per second level is derived from Figure Code Section 211.45. earth is composed, causing these parts- 3.7 of Nicholls, 1971, p. 25. As that Compliance with a peak particle ye- cles to oscillate. Particle velocity de- scattergram indicates, 1-inch per locity of 1, rather than 2 inches per fines ". . . how fast a particle or struc- second is the point at which damage second, involves only the reduction in ture is moved by passing seismic did not occur, the maximum weight of explosives in waves, measured in inches (millime- In addition, OSM believes that the pounds per millisecond delay period.It ters) per second." (Grim and Hill, 1974 following factors, when weighed with does not require the installation and page 94). It is the speed at which the Nicholls, 1971, further support the se- use of additional special control equip- passing seismic waves move the lection of a 1-inch per second limit. ment. Information provided to the ground under structures that deter- Many of the complex questions involv- Office by one industry member and an mines the likelihood of&Triage. Ibid. ing damage caused by blasting in coal engineering firm indicate that mining To prevent such damage, the Office surface mining were not investigated operations can be consistently con- proposes to adopt a regulatory scheme by the Bureau of Mines. Nicholls, ducted within the 1-inch per second • whereby the peak-particle velocity 1971, was based not upon blasting in limit. Comments of Old Ben Coal would always be limited at a minimum coal surface mining, but blasting in Company, 1978 (112 of 155 blasts had to 1 inch per second. Allowance is also quarries, at construction sites, and me- a velocity of less than 0.5 inch per made for the regulatory authority to chanical simulations of actual blast vi- second); Comments of Research reduce this limit in particular cases so brations. Conditions unique to surface Energy of Ohio,Inc. 1978. as to account for certain listed site- coal mining justify a more stringent Under the proposal, achievement of specific characteristics. Subsection standard. the 1-inch per second limit may, in 816.65(1). Further, to ease in applies- Generally, surface mining involves general,be made in either of two ways. tion of the 1-inch per second limit in greater amounts of explosives,shots of First, blasting will be deemed to be in the field, blasting vibrations would be longer duration, and more frequent compliance with the 1-inch per second considered to be within that limit if a firing than does quarrying, for in- limit if conducted according to the distance-to-charge weight, per delay of stance. Cumulative effects of repeated standard equation at Subsection explosives, formula set out at Subsec- blasting, even at low peak particle ye- 816.65(m). As 'an alternative, seismo- tion 816.65(m)is followed. locities, could increase the severity of graph measurements can be used to The proposed 1 inch per second peak the damage caused by blasting. establish that blasting is conducted particle velocity limit is based primar- Barnes, 1977.The geology of the blast- without exceeding the 1-inch per sly upon Subsection 515(b) (10) and ing site may affect the propagation of second limit. paragraph 515(b)(15)(c) of the Act and seismic waves. Nicholls, 1971, p. 53; The first alternative, use of a stand- s review of technical materials. Those Barnes, 1977, at 13. The frequency of and equation, is based upon a standard materials reveal a correlation between waves and their effect upon structures formula for determining the weight of damage to structures and ground may be an important factor in deter- explosives that, if detonated at inter- motion, such that the Office believes mining damage caused by blasting. vals of 8 milliseconds or longer, will it necessary to limit particle velocity Medearis, 1976, p. 1. Where the fre- not cause peak particle velocities to to a maximum of 1 inch per second to quencies of the ground vibration and exceed 1-inch per second at specified prevent such damage. the resonant frequency of the struc- distances. This formula was derived The first study considered by the ture being vibrated are the same or from a special study done for the Office was that of Nicholls, 1971.That nearly the same, there is a greater po- Office by the Bureau of Mines which study represents the culmination of a tential for damage. This seems to be is available for public inspection in the 10-year study by the Bureau of Mines the case in surface mining. Medearis, Washington office and copies of which to analyze the effects of ground vibra- 1976,p. 53.These factors make surface will be made available for inspection tions and air blast on structures. In coal mine blasting potentially more upon request at the regional offices. the course of its work,the Bureau con- damaging than the blasting on which Coal mine blast vibration data were ducted its own experiments and re- BOM 656 is based. analyzed and the scale factor of 60 was viewed previously published data in In addition to Nicholls, 1971, other derived empirically. The scale factor is order to establish reliable damage cri- technical studies reviewed by the defined as the distance from the blast teria. The Bureau concluded that peak Office support a 1-inch per second to the structure of interest, divided by particle velocity was more closely asso- limit. The study of Barnes, 1976 roves- the square root of the maximum ciated with damage to structures than tigated damage to structures in the vi- weight of explosive fired per delay. any other single measurement. Ni- cinity of surface coal mining oper- The table in proposed subsection cholls, 1971, p. 22. The Bureau recom- ations in Indiana and primarily used 816.65(m) correlates the distance and mended 2 inches per second as a "safe the number, length and width of charge weight needed for a scale vibration criterion", that is, the point structural cracks as indication of dam- factor of 60. The table-distances are at which, in its view, there "appears" ages. This was essentially the same minimum distances which must be to be a reasonable separation between methodology as was employed by Ni- maintained between the blast and a FERAL REGISTER, VOL 43, NO. IV—MONDAY, SEPTEMBER ld, 1978 . ■ t1 __ A 41758 PROPOSED RULES structure for the given charge weight. of every shot would be obtained. Pro- fied equation to limit ground vibra- For instance the distance 300, divided posed subsection 816.67(a). Second, tions to 1 inch per second. If this pro- by the square root of 25, the charge seismographs would be used to develop posed Section is adopted, upon receipt weight, equals a scaled distance of 60. sufficient data to establish that use of of a petition accompanied by appropri- The regulation in proposed subset- a modification to the standard weight- ate blasting reports and seismograph f tion 816.67(b), would provide for the distance equation of Subsection records, the regulatory authority use of a lower scaled distance, upon 816.65(m) would still result in compli- could approve the use of a scaled dis- approval of the regulatory authority, ance with the 1-inch per second limit. tance less than 60 if it has been shown if the mine operatdr can prove, Proposed subsection 816.67(b). The that the reduced scaled-distance will through submission of blasting reports latter provision is based on recognition not result in vibrations greater than 1 including seismograph records, that that there may be peculiarities of cer- inch per second.The requirement that this lower scaled distance will not pro- tam site-specific factors warranting a the seismograph record contain a cali- duce vibrations greater than 1 inch change from use of the standard equa- bration signal of the gain setting is to per second. Nicholls. 1971 determined tion. All such changes would, however, assure that the gain setting used in that a scaled distance of 50 would pro- be first approved by the regulatory au- calculating the vibration level is iden- tect against vibrations greater than 2 thority. If deemed necessary,the regu- tical to that used during the recording inches per second. The Bureau of latory authority could require a seis- process. Mines study done for the Office deter- mograph recording of all blasts, §816.71-816.73 Disposal of excess spoil. mined that the scaled distance of 60 As an additional safeguard, the would protect against vibrations great- Office is also proposing an additional Spoil disposal practices in surface erthan 1 inch per second. peak-particle velocity ground motion mining over the years have had a. A millisecond is 1/1000 of a second. limitation on blasting. Subsection major impact on the environment and A millisecond delay between explo- 816.65(n).This requirement would pre- represented a significant hazard to life sions is used to prevent vibrations pro- vent structures and persons from and property. The requirements set duced by two explosive charges from being subjected to excessive vibrations forth in these Sections of the pro- reinforcing each other and producing which approach steady state Human posed regulations protect life, proper- higher vibration levels. Nicholls, 1971, beings are known to be more disturbed ty, and the environment by establish- determined that a delay interval of 8 by steady state vibrations than by ing criteria for proper disposal of fill milliseconds or greater will prevent brief, impulsive type vibrations. Struc- material to achieve adequate drainage such reinforcement. The Office con- tures are also more responsive to control and stability. The require- sidered raising this minimum delay in- steady state vibrations, especially ments in the interim program per- terval to 17 milliseconds, based on An when the frequency of the vibration formance standards are proposed to be Investigation into Delay Blasting, approximates the resonant frequency broadened to include alternatives of 1975, the University of Maryland, of the structure. utilizing the West Virginia method of which showed that delay electric blast- The Office is also soliciting sugges- rock core drainage. The use of this ing caps can have significant errors in tions on the use of surface delay sys- method has been controversial it is firing time. However, the delay elec- terns in conjunction with in-hole highly touted in practice by operators, tric blasting caps manufactured by delays, either electric or nonelectric. and eyed somewhat skeptically by the duPont, Atlas, and Hercules, the only Combinations of surface and in-hole engineering profession. domestic manufacturers, all have mini- delay systems result in more scatter or Authority for these proposed Sec- mum delay intervals of 25 millisec- randomness in initiator firing times. tions is found in Sections 102, 201, 501, onds, which will prevent vibration re- However, in many instances these sys- 503, 504, 507, 508, 510, and 515 of the inforcement even with these inaccura- terns have proved to be very useful in Act. cies. When detonating cord delays are reducing ground vibrations. The Literature utilized in the prepara- used, they are initiated in a series se- Office feels that these systems should tion of these proposed regulations in- quence one after the other. Therefore, be used only where blasting reports, eludes: the likelihood that two 8 millisecond accompanied by seismograph records, 1. American Society of Civil Engi- detonating cord delays will fire within demonstrate that a particular delay neers; "Geotechnical Practice for Dis- a short enough time period to signifi- pattern will not produce peak particle posal of Solid Waste Materials"; cantly reinforce each other is very velocities greater than 1 inch per A.S.C.E Symposium—March 1977, small. second. Ann Arbor,Mich. Extending the delay interval to 17 As was discussed above, in conjunc- 2. American Society of Civil Engi- milliseconds would introduce a hazard. tion with the 1-inch per second ground neers, "Stability and Performance of Because the delay elements are initiat- motion limit under Section 816.65, the Slopes and Embankments," August ed sequentially on the ground surface, Office proposes to allow the use of 1969. American Society of Civil Engi- some charges will detonate before all seismographs as an alternative to the neers, Stability of Rock Cuts. Edited the initiators in a blast have been acti- standard explosives weight-distance by E.J. Cording, 1972. vated This increases the possibility of formula. It is also proposed under Sec- 3. American Society for Testing and differential burden movement which tion 816.67, that the regulatory au- Materials, "Instruments and Appara- will separate the charge in the blasth- thority may require persons engaged tus for Soil and Rock Mechanics,"Spe- ole. This results in undetonated explo- in blasting to make seismographic re- czal Technical. sive being left in the burden after cordings, even if the standard formula 4. American Society for Testing and biasing.This undetonated explosive is is being adhered to. This authority is Materials, 1976. Soil and rock; building prone to detonation by the subsequent provided to insure that the standard stones; peat. part 19 AM. Soc. Test activities of heavy equipment. In view formula factors are effective for limit- Matter. of the foregoing discussion,the 8 milli- ing ground motion from blasting in all 5. Bishop, A. W., and Henkel, D. J., second delay interval has been re- relevant situations and for identifying The Measurements of Soil Properties tained. those cases where additional precau- in the Tnarial Test, Edward Arnold, Under the alternative method of im- tions are needed to preclude damage Ltd.,London,England, 1962. plerrientation of the 1-inch per second or injury to the public and the envi- 6. Bishop, A. W., "The Stability of limit, seismographic measurements ronment from blasting. Tips and Spoil Heaps," Quarterly could be used. This could be done in Seismograph records may be used to Journal of Engineering Geology, Vol. two ways. First, seismograph records establish the validity of using a modi- 6, 1973. FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 1 41888 PROPOSED RULES 816.59 Coal recovery and other water systems used for diminution, or interruption resulting Q human, animal, or agricultural pur- 1 from the surface coal mining activi- Surface mining activities shall be poses and the or agric and quality ties. conducted so as to maximize the utili- of the water. nation and conservation of the coal so 4 816.55 Hydrologic balance: Discharge of that reaffecting the land in the future (c) A written report of the survey water into an underground mina shall be prepared and signed by the through surface coal mining oiler- ations is minimized, person who conducted the survey.The Surface water shall not be diverted report shall include recommendations into underground mine workings conditions or proposed unless the person rho conducts the §816.61 Use of explosives: General re- of any special surface mining activities demonstrates quirementa adjustments to the blasting procedure to the satisfaction of the regulatory (a) Each person who conducts sur- which should be incorporated into the authority that the diversion will— face mining activities shall comply blasting plan to prevent damage. (a) Abate water pollution or other- with all applicable local, State, and Copies of the report shall be provided wise eliminate public hazards resulting Federal laws and regulations and the and to�the r the egulatory requesting tins the survey underground mining;and requirements of Sections 816.61-816.68 (b) Be discharged as a controlled in the storage, handling, preparation, Use of explosives:Public notice of flow meeting the water quality re- and use of explosives. §816b 64 64sting schedule. quirements of Section 816.52 for pH (b) Blasting operations that use and total suspended solids except that more than the equivalent of 5 pounds (a)Blasting schedule publication. (1) the total suspended solid cancentra- of TNT shall be conducted according Each person who conducts surface tions may be exceeded only if the sus- to a time schedule approved by the mining activities shall publish a blast- pended material is approved by the regulatory authority. ing schedule at least 10 days, but not regulatory authority or is limited to— (c) All blasting operations shall be more than 20 days, before beginning a (1)Coal processing waste; conducted by experienced, trained, blasting program in which explosives (2) Fly ash from a coal-fired facility; and competent persons who under- that use more than the equivalent of 5 (3) Sludge from acid drainage treat- stand the hazards involved. Each pounds of TNT are detonated. The ment facility; person responsible for blasting oper- blasting schedule shall be published in (4)Flue gas desulfurization sludge; ations shall— a newspaper of general circulation in (5) Inert materials used for stabiliz- (1) Have demonstrated a knowledge the locality of the blasting site. frig underground mines or; of, and shall comply with, MSHA (2) Copies of the schedule shall be (c) Underground mine development safety requirements and'U.S. Depart- distributed by mail to local govern- wastes;and - merit of Treasury security require- merits and public utilities and by mail (7) The discharge will not cause, ments; or delivered to each residence within result in or contribute to a violation of (2) Be capable of using mature judg- one-half mile of the permit area de- applicable water quality standards; merit in all situations; scribed in the schedule. Copies sent to and (3) Be in good physical condition residences shall be accompanied by in- (d) Minimize disturbance to the hy- and not addicted to intoxicants, nar- formation advising the owner or resi- drologic balance. cotics, or other similar types of drugs; dent how to request a pre-blasting (4) Possess current knowledge of the 6urvey. Q 816.56 Hydrologic balance: Post-mining lors,l, State, and Federal laws and reg- (3) The person who conducts the rehabilitation of sedimentation ponds, ulations applicable to the work;and surface mining activities shall repub diversions, impoundments, and treat- (5)Posses a valid certificate of cow- lish and redistribute the schedule by went facilities. pletion of training and qualification as wait at least every 3 months. Before abandoning the permit area, required by 30 CFR 850 and 851. (b) Blastine schedule contents. (1) A the mining rson who conducts the surface 816.62 Use of explosives: Pre-blasting blasting schedule shall not be so gen- ,manent activities shall restore all per- g eral as to cover all working hours but sedimentation ponds,- diver- survey. shall identify as accurately ss possiblesions, impoundments, .and treatment (a) On the request to the regulatory the dennon of the blasting sites p and facilities to meet the original design authority by a resident or owner of a the time periods when blasting will criteria for the permanent structures man-made dwelling or structure that and impoundments. is located within one-hail mile of any (2) The blasting schedule shall con- 816.57 Hydrologic balances Stream paw of the permit area, the person �at a minimum— • 4 who conducts the surface minin ac- (i) Identification of the specific buffer zones. tivities shall conduct a pre-blasting areas in which blasting will take place. (a) No land within 100 feet of a pe- survey of the dwelling or .structure Each specific blasting area described rennial stream or a stream with a and submit a report of the survey to h be reasonably compact and not macro-invertebrate biological commu- the regulatory authority and to the shall than acres; nity shall be disturbed by surface -person requesting the survey. larg(ii) Dates time periods ex- mining activities except in accordance (b) Each person who conducts stir- plosives are and periods when ex- with Section 816.44 unless the regula- face mining activities shall utilize per- such shall obe not exceed an a t tory authority specifically authorizes sonneI approved by the regulatory au- periods 4 in any one day; surface mining activities closer to or thority to conduct the survey to deter- � , Methods hours be used to control through such a stream upon finding— mine the condition of the dwelling or access the t area; us (1)That the original stream channel structure and to document any pre- (iv) e blastingf warnings and will be restored;and blasting damage and other physical all-clear Types sie of audible used before and (2) During and after the mining, the factors that could reasonably be af- water quantity and quality from the fected by the blasting. Assessments of after blasting; and stream section within 100 feet of the structures such as pipes, cables, trans- (v)A description of emergency situa- surface mining activities shall not be mission lines, and wells and other tions referred to in, Section adversely affected. water systems shall be limited to sur- 816.65(a)(2)which have been approved (b) The area not to be disturbed face condition and readily available by the regulatory authority for blast- shall be designated a buffer zone and data. Special attention shall be given fug at times other than those de- marked as specified in Section 816.11. to the pre-blasting condition of wells scribed in the schedule. ls-etEEAL REGISTE&, VOL 43, NO. let—MONDAY, SEPTEMBER IS, 1978 • OCT 171971 s v, --.��N- -� ..,�, _ --_'� .?'� �•-r - yam= ==r. PROPOSED RULES 41889 r S ; (c) Public notice of changes to blast- (4) These restrictions shall apply to ing schedules. Before blasting in areas Lower frequency limit of Maximum material which travels along the measuring system.Hz level In dB ground surface as well as that which or at times not in a previous schedule, (+3dB) the person who conducts the surface travels through the air. ' mining activities shall prepare a re- 0.1 Hz or lower—flat response.--...... 135peak (i) Blasting shall be conducted to • vised blasting schedule according to 2 Hz or lower—fiat response _. 132 peak prevent injury to petsons, damage to the procedures in paragraphs (a) and 6Hz or lower—flat response 130 peak. public or private property outside the I (b)of this Section. ' C.weighted,slow response_._- 109 C. permit area, adverse impacts on any i • underground mine, and change in the {816.65 Use of explosives: Surface blast- (2).In all cases except the C-weight- course, channel, or availability of trig requirements. ed slow, the systems used shall have a ground or surface waters outside the (a) All blasting shall be conducted flat frequency response of at least 500 permit area. between sunrise and sunset. The regu- Hz at the upper end. The C-weighted (j) In all blasting operations, except • latory authority may specify more re- shall meet the standard American Na- as otherwise authorized in this Sec- tstrictive time periods based on public tional Standards Institute (ANSI) tion, the maximum peak particle ve- t requests or other considerations in- S1.4-1971 specifications. The ANSI locity shall not exceed 1 inch per eluding the proximity to residential S1.4-1971 is hereby incorporated by second at the location of any dwelling, areas. reference.This work is incorporated as public building, school, church, or (b) Blasting shall be conducted at it exists on the date of adoption of commercial or institutional building. times announced in the blasting ached- this Part, and notice of changes made The regulatory authority may reduce ule, except in those emergency situa- in these materials will periodically be the maximum peak particle velocity tions approved by the regulatory au- published in the FEDERAL REGISTER. allowed if it determines that a lower thorny where rain,lightning, other at- ANSI S1.4-1971 is available for inspec standard is required because of density mospheric conditions, or operator or tion in OSM regional offices and in of population or land use, age or type public safety require unscheduled det- OSM's office in the Department of In- of structure, geology or hydrology or onation. tenor, 18th and C Streets, N.W., the area, frequency of blasts, or other (c) Warning and all-clear signals of Washington,D.C.20240. factors. different character that are audible (3) The person who conducts blast- (k) The maximum peak particle ve- within a range of one-half mile from ing may satisfy the provisions of this locity does not apply to property the point of the blast shall be given. Section by meeting any of the four within the permit area that is owned Each person within the permit area specifications in the chart in pare- by the person who conducts the sur- and each person who resides or regu- graph(f)(1)of this Section. face miring activities and is not leased laxly works within one-half mile of the (g)Except where lesser distances are to any other person. permit area shall be notified of the approved by the regulatory authority, (1) An equation for determining the meaning of the signals through appro- based upon a pre-blasting survey or maximum weight of explosives that priate instructions. These instructions other appropriate investigation, blast- can be detonated within any 8-millisec- shall be periodically delivered or oth- lug shall not be conducted within— and period is in paragraph (m) of this Section. in erwise communicated in a manner (1) 1,000 feet of any building used as is conducted accordance If blastinge with this equation, the ve- 1 which can be reasonably expected to a dwelling, school, church, hospital,or inform such persons of the meaning of locity is deemed to be within the 1- the signals. Each person who conducts nursing facility; inch-per-second limit. surface mining activities shall main- (2) 500 feet of facilities including, (m) (1) The maximum weight of ex- 1 fain signs in accordance with Section but not limited to, disposal wells, pe- plosives to be detonated within any 8 troleum or gas storage facilities, mu- millisecond period may be determined 816.11(f). nicipal water-storage facilities, fluid- by the formula W= (D/60)=where W (d) Access to the blasting area shall transmission pipelines, gas or oil-col- = the maximum weight of explosives, be regulated to protect the public and lection lines, or water and sewage pounds, that can be detonated in livestock from the effects of blasting• lines;and • any 8-millisecond period, and D = the Access the blasting area shall (3) 500 feet of the active workings of distance, in feet, to the nearest dwell- t controlled to prevent unauthorized entry an underground mine except with the ing, school, church, or commercial or entry at least 10 minutes before each concurrence of the Mine Safety and institutional building. blast and until an authorized repre- (2) For distances between 300 and sentative of the person who conducts Health Administration t the surface mining activities has rea- (h)Flyrock from blasting shall be re- 5,000 feet;solution of the equation re- ! sonably determined— stricted as follows: suits in the following maximum I (1) That no unusual circumstances, (1) No flyrock shall be cast beyond weight: t such as imminent slides or undetonat- the line of property owned or leased ! by the person who conducts the stir- Distance.in feet Maximum weight , I ed charges,exist; and CD) in pounds(w) (2) That access to and travel in or face mining activities without the con- ' through the area can safely resume. sent of the landowners of adjacent 300f (e)Areas in which charged holes are areas. 350 325 4 ! awaiting firing shall be guarded, barn- (2) No flyrock shall be cast more 400 44 caded and either posted or flagged than half the distance from the blast 600 69 600 100 t against unauthorized entry. to the nearest dwelling, public build- -700 136 (f)(1) Airblast shall be controlled so ing, school, church, commercial or in- 800 178 that it does •not exceed the values stitutional building, road or railroad. o°0 225 specified below at any dwelling, public This shall not apply to any structure 1,000 278 1 1,100 336 building, school, church, or commer- or right-of-way on land owned by the 1.200 400 ' •• cial or institutional building, unless person who conducts the surface 1.300 469 1,400 544 i such building Is owned by the person mining activities and not leased to any 1,500 625 who conducts the surface mining ac- other person. 1,600 711 F tivities, is not leased to any other (3) No flyrock shall be cast beyond 1.700 803 person and is located within the the area of regulated access required i 800 900 l,0�00 permit area: under paragraph(d)of this Section. 1,000 1,111, I FEDERAL REGISTER, VOL 43, NO. 181—MONDAY, SEPTEMBER 18, 1978 1 . 41890 . PROPOSED RULES Distance in feetMaximum weight In (2) Not owned nor leased by the the site. All disturbed areas including W (O) pounds(wi person who conducts the surface diversion ditches that are not rip- _ mining activities. rapped shall be vegetated upon corn- it 2.500 1.736 (e)Weather conditions. pletion of construction. c 3 000 2.500 (f)Type of material blasted. (e) The disposal areas shall be locat- 4,000 3.403 44 (g) Number of holes, burden, and ed on the most moderately sloping and 4 444t 4.50o 5 625 spacing. naturally stable areas available as ap- ` 5000 6.944 (h)Diameter and depth of holes. proved by the regulatory authority. If F (i)Types of explosives used. such placement provides additional t (n) If on a partict'Iar site the peak (j)Total weight of explosives used. stability and prevents mass movement, particle velocity exceeds one-half inch (k) Maximum weight of explosives fill materials suitable for disposal shall per second after a period of 1 second detonated within any 8 millisecond be placed upon or above a natural ter- following the maximum ground parti- period. race,bench,or berm. cle velocity, the blasting procedures (1) Maximum number of holes deto- (f) The spoil shall be hauled or con- shall be revised to limit the ground rated within any 8 millisecond period. veyed and placed in a controlled motion. (m) Methods of firing and type of manner, concurrently compacted as (o) Electric or non-electric delay sys- circuit. necessary to ensure mass stability and terns combining surface delays with in- (n)Type and length of stemming. prevent mass mo%emerit, covered, and hole delays may be used to reduce vi- (o) Mats or other protections used. graded to allow surface and subsurface brations if approved by the regulatory (p) Type of delay detonator and drairigge to be compatible with the authority. Requests to use such sys- delay periods used. natural surroundings, to ensure long- terns shall be accompanied by blasting (q) Seismographic records, where re- m stability. reports and seismograph records of qu.ired, including the calibration signal ration of the fill test blasting on the site showing that of the gain setting and— must be suitable for(g)The final configu rationpostm ring land the delay pattern does not produce (1) Seismographic reading, including uses approved in accordance with Sec- peak particle velocities in violation of exact location of seismograph and its use pprov except that d no thSthis Section. distance from the blast; depres- sions or impoundments shall be al- (2) Name of the person taking the {816.67 Use of explosives: Seismographic seismograph reading and to(h)Terraces shall not ed on the completed fill. and firm be constructed measurements. (3) Name of the person (a) Where a seismograph is used to analyzing the seismographic record. unless approved by the regulatory au- monitor the velocity of ground motion thority. and the peak particle velocity limit of §816.71 Disposal of excess spoil: General (i) Where the slope in the disposal 1 inch per second is not exceeded, the requirements. area exceeds lv:2.8h (36 percent), or equation in Section 816 66(m)need not (a) Spoil not required to achieve the such lesser slope as may be designated be used. If the equation is not being approximate original contour shall be by the regulatory authority based on used, a seismograph record shall be hauled or conveyed to and placed in local conditions, keyway cuts (excava- obtained for each shot. designated disposal areas within a tior. to stable bedrock), or rock toe (b) The use'of a modified equation permit area other than m ne working buttresses shall be constructed to sta- to determine maximum weight of ex- or excavations, only if the disposal bilize the fill. The slope of original plosives for blasting operations ate areas are authorized for such purposes ground at the toe of the fill shall not particular site may be approved by the in the approved mining and reclama exceed lv:5h(20 percent) regulatory authority on receipt of a tion permit and only in accordance (j)The fill shall be inspected for sta- petition accompanied by reports in- with Sections 816.71-816.73. The spoil bility by a registered engineer or other eluding seismograph records of test shall be placed in a controlled manner professional specialist approved by the blasting he on the site. In no case shall regulatory authority during critical to ensure—the regulatory authority approve the (1)That leachate and surface runoff construction periods and at least quay puseea of a particlel equation where the will not degrade surface or ground terly throughout construction to peak velocity of 1 inch per waters or exceed the effluent limita- ensure removal of all organic material secondrequired in Section 816.¢6(j) and topsoil, placement of underdrain- would be exceeded. tions of Section 816.42; (2)Stability of the fill; and age systems, proper installation of sur- (c)The regulatory authority may o (3)That the land mass is suitable for face drainage systems, proper place- aall bll be a seismograph record of anylasts. or reclamation and revegetation compati- merit and compaction of fill materials; ble with the natural surroundings. and proper revegetation. The regis- ¢816.68 Use of explosives: Records of (b) The fill shall be designed using tered engineer or other qualified pro- blasting operations. recognized professional standards, cer- fessional specialist shall provide to the A record of each blast, including tilled by a registered professional engi- regulatory authority a certified report seismograph reports, shall be retained neer, and approved by the regulatory within 2 weeks after each inspection for at least 3 years and shall be availa- authority. that the fill has been constructed as ble for inspection by-the regulatory (c)All vegetative and organic materi- specified in the design approved by authority and the public on request. als shall be removed from the disposal the regulatory authority, and a copy The record shall contain the following area and the topsoil shall be removed, of the report shall be retained at the data: - segregated, and replaced under Sec- minesite by the person who conducts (a) Name of the person conducting tions 816.21-816.23 before spoil is the surface Coal processining g ies. wastes shall the blast. placed in the disposal area. If ap- (b) Location, date, and time of blast. proved by the regulatory authority, not be disposed of in head-of-hollow (c) Name, signature, and license organic material may be used as mulch fills, and may only be disposed of in number of blaster-in-charge. or may be included in the topsoil to other excess spoil fills if such waste (d)Direction and distance,in feet,to control erosion, to promote growth of is— the nearest dwelling, school, church, vegetation, or to increase the moisture (i)Placed in accordance with section or commercial ox insitutional building retention of the soil. 816.85; either— s . (d) Slope protection shall be pro- (ii)Demonstrated to be nontoxic and (1) Not located in the permit area;or vided to rninimi7P surface erosion at nonacid forming and FEDERAL REGISTER, VOL QS, NO. 1a1—MONDAY, SEPTEMBER 11, 1978 I �nIIc,r 1 C'on I Coon<an,\ P- ".37I : 78 :20 Sehtc tub er 12 , 1978 I 1' v III �I t t Pout o 1 , 3o:c 1 1)1att v I I I (' , Col (ara(11 80081 Col()and() `)icloion o f — X8.19—;1101 1313 Sherman St root Poom 71 1) Don Co1or,Ic1c> Allen i (an • 'Ia . Iobo kz ( I31notInC ) Tr1 -Arya 1' tan In;; Comnri00101] 9/13/78 or /0 1)ohh1 SonI Ior 10/11 /78 Pox ;3(13 II - 822-2838 I'FP,1(,1• t rk , Co 1 OFO 8l)CSI) Fart-nor:, rv(a1 a anci I I•I• I .,al Ion Cun1p<InV Cclo 1011 Rohl nncl( r , 80 South 27th Av (on1 ( I3ri�,ht on C() I0i•tdO 80G01 So r I Con:-,,,rva t Ion So iv 1 yo 1228 T\In in St root Ihc)flnmOnt • ColOra(1(a 80.x(1 1)acono hi al Prot(( t ron llrol i' r (°t 5( IIh \V , , Flan Ch 1r I t j) Ilov 181 I)a(°onO , Ca 1 or,1(10 80911 Co loi-n(10 I)00 1 PI('111 1) 1' II( a 11 II it 10)11 Cont rol 1)111oI ,n _210 11th A\ ( cuc 1)onvo , Ch 10 80220 At- tint i on : A, C, .i.T,XXXX XXXXXXX NNIIX XNXXXXX NXYfiX(XXXXXXXXX St (, I n > _ hear (sent 10/ 18;' ) I)r. -Jer] 5 Dan e I Son I)] v 1�7on (� f �';DIDY PtiPDDUrreD Depn Ft men i c) fturn 1 I,oson]•re-4 1 ;313 Shorrinn SI rec,t Room 818 Denver , Co 1 orn(ic) 80203 s $ A 5 Af Si �a OF PLANNING St )iVICES PHONE (303)356-4000 EXT 404 015 10TH STREET GREEL EY,COLORADO 80631 SI � ® CAS' E NUMBER SUP-374 : 78 :26 . COLORADO REFERRAL October 18, 1978 TO WHOM IT MAY CONCERN: Enclosed is an application from Imperial Coal Company for a Special Use Permit for Open Cut Mining Permit-Surface Coal Mining The parcel of land is described as Pt . Section 14, T1N, R68W The location of the parcel of land for which this application has been submitted is 2 miles southwest of Dacono This item is submitted to your office for review and recommendations . Any comments or recommendations you consider relevant to this item would be appreciated. If you find no conflicts with your interests, we would appreciate a written reply to include in our files, or check the box at the bottom of this page and return it to us . We would like to receive your comments by October 31, 1978 so that we can complete our review before the scheduled Planning Commission meeting. Thank you very much for your help and cooperation in this matter . Assistant Zoning Administrato F-1 We have reviewed the plans and find no conflict with our interests. Signed Date Agency 1/ 1 )1 I'/\I I full (`J 1111 I'I /\EJNING SE_IiVICE,; PI IONE: 13031356-4000 EXT,404 015 10TH STREET GREELEY,COLORADO 80631 COLORADO September 12 , 1978 TO WHOM IT MAY CONCERN: Enclosed is an application from Imperial Coal Company for a Special Use Permit for an Open Cut Mining Permit for Coal • This item will be heard before the Weld County Planning Commission on October 17, 1978 . The location of the parcel of land for which this application has been submitted is Pt . Sec. 14, T1N, R68W This item is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this item would be appreciated. We would like to receive your comments by October 2 , 1978 , so that we can complete our review before the scheduled Planning Commission meeting. Thank you very much for your help and cooperation in this matter . ssistant Zoning A inistrat Enclosures V mcmoRRnDunu 111(1:111De. To Chuck CunliffeDate October 12, 1978 COLORADO From Subject: Imperial Coal Company SUP for Open Cut Mining Permit for Coal The Engineering Department's review of this application indicates County Road 8 and Bridge 8/9A will be adversely affected by the proposed operation. The applicant should be required to upgrade and pave Road 8 to support the heavy trucking anticipated from their operation. The applicant should supply a structural road design based on acceptable engineering practices for review by this department. This expense may not be justified at this time but should be a condition of final approval . Bridge 8/9A is a timber structure built in 1938. It is posted at 9, 14, and 16 Tons for Type 3, Type 3S2, and Type 3-3 loadings respectively. Inspections have been made in 1973, 1975 and 1977 indicating no major deterioration. Therefore the existing structure is supporting present demand. Mining operations, according to the application, will cause frequent 36 Ton truck loads that the structure will not handle. It is the Engineering Department's opinion that the applicant should be required to replace Bridge 8/9A with a structure capable of sup- porting increased loadings caused by their operation. If you have further questions regarding this matter please contact me. `Wayne Smyth County Engineer WS/mm :r 0C-r'018 . Cn J,,rASut y y!/ / J P BOARD OF HEALTH 1/Veld e`ci County Health Department DAVID WERKING DDS Greeley FRANKLIN D YODER, MD, MPH WILLIAM SLICK, Roggen Director 1516 HOSPITAL ROAD DORIS DEFFKE Greeley GREELEY, COLORADO 80631 A M DOMINGUEZ, JR , J D , Greeley ANNETTE M LOPEZ, Greeley (303)353-0540 FRANK MYERS M P H, Windsor HERSCHEL PHELPS. JR, M D , Greeley KATHLEEN SHAUGHNESSY, PHN, Ault ARTHUR G WATSON.Platteville October 6, 1978 Gary Fortner, Director Planning & Zoning 915-10th Street Greeley, CO 80631 TO WHOM IT MAY CONCERN: The Special Use Permit for open cut mining as requested by Imperial Coal Company has been reviewed by Environmental Health staff and the following comments are submitted: 1 . A fugitive dust emission permit shall be obtained either from this office or from the Colorado Dept. of Health. 2. A National Pollutant Discharge Elimination System permit shall be obtained from the Colorado Dept. of Health for any water discharge. 3. At this time, the permissible noise level for blasting has not been resolved. The level of 128 dbA, as specified by the applicant appears to be in violation of 25-12-103, C.R.S. 1973. This issue will require further clarification by the applicant. Sincerely, j" o h G. Hall , M. .H. , Director Environmental Health Services JGH:dr .� ��I19i8 Boulder Valley Soil Conservation District‘DtSIIIIIr1228 MAIN STREET LONGMONT,COLORADO 80501 October 3, 1978 Mr. Chuck Cunliffe Assistant Zoning Administrator 915 10th Street Greeley, CO 80631 Dear Chuck: We have reviewed the application from Imperial Coal Company for Special Use Permit and offer the following comments: 1 . The soils information was obtained from the Longmont Soil Conservation Service; therefore is an accurate report. None of the soils are considered as prime agricultural land. 2. The Stanley Ditch traverses the southern region. The ditch company should be contacted for approval on any mining that will involve the ditch. If the ditch is to be undermined, we recommend that ditch lining be considered. 3. The area is not affected by flooding or located within a floodplain. 4. The mining company has done a good job in preparing a thorough reclamation plan. However, we do recommend that slopes greater than 3% be revegetated with permanent grass to prevent any erosion. Sincerely, ,9221-et 1)'ial na* Fred Hartnagle President 23456≥h. `!, FH: rah C OCt197 r. pi R CE1VE`' W• Weill tnal —A s Manning Commission CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT Ar 2scon© ATM foie PIP®te torn 1i h © °.' October 26, 1978 Department of Planning Services Weld County Colorado Attn; Mr Chuck Cunliffe Planner Sir: I received the copy of the packet you sent me regarding the strip mining operations proposed by the Imperial Coal Company, Denver, Colorado. Said operations to be located in Section 14 Township 1 North Range 68 W, containing 349 acres. I feel there is no problems of any kind related to this operation as the fire district or fire protection is concerned. It will be a better operation to give fire protection than is the underground type mines. Since there will be explosives type A and type B on the premises, we will want assurance of their proper storage in compliance with the American Standard table of distance and seperation. There will also be some fuel and gasoline storage on the site, and we should request said storage be kept at safe and proper distance from buildings and explosive sites, in accordance with the National Fire Codes. If personnel ar security is not to be on the premises at all times, we would ask your assistance in the locking or security of the explosives and fuel storage areas. I assume the owners will be as much concerned of this as we are. I see no impact problems of any type on the surrounding areas affecting our operations of fire and life protection, and assume the County and EPA will enforce any and all necessary standards. I therefore see no reason to do anything except to recommend approval as far as the fire district is concerned and to state that we can and will supply the necessary fire protection to the area. .i1EPECTFOY u JOS H W. FUSS / FIRE CHIEF 2930 i 12 cc/ file "\�� Imperial Coal `�C° oa g' Rec uid County Qt, c„:„ pi��oi��Coa �osioa •C, O RICHARD D. LAMM C.J. KUIPER P State Governor . * 4 * • * 1826 DIVISION OF WATER RESOURCES Department of Natural Resources 1313 Sherman Street-Room 818 Denver,Colorado 80203 Administration(303)839-3581 Ground Water(303)839-3587 November 8, 1978 Mr. Chuck Cunliffe Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Imperial Coal Company Dear Mr. Cunliffe: This is to acknowledge receipt of additional information concerning the water resource related aspects of the above referenced mining operation. This information indicates that there appears to be little adverse impacts and the water for operation purposes will be provided by a well with permit no. 20713-F. Therefore, we have no objections to the approval of the special use application. Very truly yours, /6( . jeris A. Danielson puty State Engineer JAD/HDS:mvf cc: Jim Clark, Div. Eng. Land Use Comm. 131415 N0V 1978 RECEIVED `v Weld County cc, Manning Coulssit '444 • c. O. RICHARD D. :AMM C.J. KUIPER Governor O State Engineer * 1876 DIVISION OF WATER RESOURCES Department of Natural Resources 1313 Sherman Street-Room 818 Denver,Colorado 80203 Administration(303)839-3581 Ground Water(303)839-3587 October 27, 1978 Mr. Chuck Cunliffe Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Imperial Coal Company Dear Mr. Cunliffe: As requested by your office, we have reviewed the special-use appli- cation for an open pit coal mine near Dacono. The applicant has provided insufficient information concerning his use of water for dust control, coal washing, sanitation or other purposes . The source and amount of water required for these purposes should be identified by the applicant. Exhibit G states that "the operation will not directly affect the ground water or surface water systems" . The applicant should provide additional information concerning the location of all wells in the vicinity of the pit in order to substantiate this statement. If nearby wells could be affected by the operation, the applicant should establish a ground water monitoring plan prior to excavation. If you have additional questions concerning this application, please feel free to call us. \VeY truly yours, w � . Dr Jeris A. Danielson JAD/SSH:mvf De•uty State Engineer 711193031 1a cc: Jim Clark, Div. Eng. �, 0" • Land Use Comm. 0CT,1973 RECEIVED 2.; Weld County c`. ) anucng Gormissdco c3' I COLORADO DIVISION OF MINES September 25, 1978 TO: Weld County Planning Commission /1/(c-- FROM: Colorado Division of Mines'Ar-2'1- SUBJECT: Special Use Permit - Imperial Coal Company This operation will add to the economy of the area with a minimum of impact due to its small size, The coal is needed, not only for commercial use, but for domestic and farm heating. Presently there are no mines in the Front Range from the Continental Divide south the the Colorado Springs - Pueblo area except for parts of Jackson County. Many farmers as well as city and town people need local coal for heating and over the past four years we have had many calls for local coal. Presently coal in this area is costing $50.00 or more per ton. Propane and butane are also pricing these people out of the market for heating. This operation will provide employment for people without causing a high impact by the inrush of new families or problems with existing services. The environmental plan is reasonable and adaptable to minimize any damage and return the land once again to beneficial use. Mining of this shallow coal will give maximum recovery and will eliminate surface subsidence which is a continuing problem with underground mining. Safety of the employees should also be considered and we feel this is a necessary item as they are the most valuable resource in the state. The hazards of surface mining are fewer than underground mining; also underground employees with experience are nearly nonexistent. If you have any questions please feel free to contact us as we feel the application should be approved. 13%311234 OCT 1978 ' ,r, RECEIVED ;may Weld County J Planning Commission W c`cii9e61 et 1d'O�� 44. Alk"-\ � M • • JBTe COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE DENVER,COLORADO 80220 PHONE 320-8333 Anthony Robbins, M.D., M.P.A. Executive Director September 26, 1978 Weld County, Colorado Department of Planning Services 915 - 10th Street Greeley, Colorado 80631 ATTENTION: Mr. Chuck Cunliffe Assistant Zoning Administrator Gentlemen: We have received a copy of the application submitted to you from Imperial Coal Company for a Special Use Permit for an Open Cut Mining Permit for Coal . This activity will require one or more permits from the Air Pollution Control Division; I have been in contact with Jack Merritts, Attorney, and Ken Schlagle of Imperial , and they are acquainted with our permitting requirements. q1Z829303/ Construction cannot start until the Division issues such permit(s),. ��O 7 cD LP Sincerely, 4so191$ %',1\l � / 7 n.� AEG V c') ') W.P. eef � piannie�Commissioa �� Air Pollu ion Co trol En Air Pollution Control Divisi WPR:plc 04 of•�o o Ad F. 9d RICHARD D LAMM * * JOHN W. ROLD GOVERNOR ** ,.�s • * Director 1870 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING-1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE (303)839-2611 September 25, 1978 Mr. Chuck Cunliffe Weld County Department of Planning Services Weld County Centennial Center 915 10th Street Greeley, CO 80631 Dear Mr. Cunliffe: RE: IMPERIAL COAL COMPANY, SPECIAL USE PERMIT, WELD COUNTY We have reviewed the special use permit application by the Imperial Coal Company for an open cut mine. Geologically related concerns include wind and water erosion as well as surface and ground water pollution. These concerns have been adequately addressed in the proposed mine plan for the Eagle Surface Mine. t A factor that should be considered in the operation of this mine is the stability of fills and cut slopes. We suggest that a slope stability study be conducted by qualified geotechnical personnel prior to the initiation of overburden stripping. We feel that this study would insure the safety of mining personnel and protect the company against large economic loss. If the above study is conducted, we have no objection to the approval of this application. Sincerely, Walter R. unge Engineering Geologist WRJ/vt cc: Land Use Commission �h�6212429,s� ,'° , � @1eld Cp11°.0 vcr . SY � R ri,°ac°' X47/ GEOLOGY r STORY OF THE PAST . . . KEY TO THE FUTURE l�'�1SlPl aZi� i• . e'E M PE Ri AL Co CO, SIIP374 / � \ FT sac 14. TIN . R68W f , i / , N SUP1 .I-3 ,3,,,,,,, 71:, ; N . PI i _ :4-- � il if j 1CO RD U •, / i • V ,.17,, 4 ✓ \\, / ' -, f II N i / , \ 2() 2,> , ( , _ + i 1 , , 1 Q --1 - __ CI co 1 1 i I, e O08 1 psa- I i ob6, e 0O1,. . . . • 4, I, , I. I, , iT, ,'-„,",,, IcA. ,,, g i, i, • . . . , /• ,, ,, ,,, , !, , \,..„, • ,, , ,, ,s1 ,/ ---- ri II i e . • • • • ly I' I I I-7 6 44-1 SECTION FEET 660 1320 1980 2640 3300 3960 4620 5280 QUARTER FEET 330 660 990 1320 1650 1980 2310 2640 80 SCALE 40 SCALE 0. - -S • -• ♦ 1 •i ti I • • • • • . 1 12 Ci --- .':3- Lar /7 /7 • ICI _ J' - ./ �I`i - P�UI I ii SSLH/ �}r� l� lI -I T-' I'll , ) ; s ) ..--$ • . , - _ • SECTION FEET 660 1320 1980 2640 3300 3960 4620 5280 QUARTER FEET 330 660 990 1320 1650 1980 2310 2640 ti 80 SCALE 40 SCALE ir • • - + • -. • f i . a • C e f • . • • • I • • • • • • ♦ • • • • • • • • • • • • 1 • • , • • • • 1 • • • • • • • • • • + SECTION FEET 660 1320 1980 2640 3300 3960 4620 5280 QUARTER FEET 330 660 990 1320 1650 1980 2310 2640 80 SCALE 40 SCALE P I )I PAL I ME f\11 01 1'LANNIN(C SliliVICES Yom~r•\; 1\t , n rr:rr'-- 'P wa PHONE (303) 3564000 EXT 400 r 915 10TH STREET Yi F0. ° GREELEY, COLORADO 80631 COLORADO September 14, 1978 To W1lc,r) It May Concern : You are rc ceiving a copy u I' this notification because your name appears a;; a su,•(•cd;nc1 i ng 1,roper ty owner owning property within 500 feet of the proposed use. The Weld County Planning Commission will review a request from Imperial Coal Company for Special Use Permit for Open Cut Mining Permit for Coal (surface mining) on property described as follows : Pt . Section 14 , T1N, R68W location : 2 miles southwest of Dacono If you have any suggestions or objections, will you kindly notify us in writing before October 2, 1978 . The meeting by the Weld County Planning Commission is scheduled for October 17, 1978 This meeting will take place in the County Conimi ssioners hearing gloom, first floor , weld County Centennial Center , 915 10th Street , Greeley , Colorado, at 1 : 30 p .m. If you have any questions concerning this matter or if you would like additional information , please contact the Department of Planning Services office at 356-1000, Fxt . 404 . Assistant Zoning Administr for • v �v INSURANCE AGENCY-COLORADO,LTD. (A UMITED LIABILITY COMPANY) ecember 7, 1978 Mr. Tom Honn Weld County Department of Planning 916 10th Street Greeley, Colorado 80631 RE: Imperial Coal Company Dear Tom: Ken Schlagel has asked me to write you regarding the comprehensive general liability insurance coverages for the proposed strip mining operations located in your county, TIN; R68W on the east half of section 14. We are prepared to bind and can guarantee $100,000. comprehensive third party liability coverage pursuant to Weld County operation standard 10 for Imperial Coal Company. Please call me personally if you have any questions or will require any further information concerning this coverage. Best regards, DESERT AMERICAN INSURANCE AGENCY es M. P•- .e, C. .A. er ied Insurance Counselor JMP:tq cc: Ken Schlagel Imperial Coal Company Lee Sturgeon Sunflower Energy Corporation Suite 228 h618 970 770 Grant Street �� Denver, Colorado 80203 u) DECDEC 1978 . RECEIVED Lri En Weld C0U¢4j cci; Hamlin Conuelssloa c•-> l Le *5'02E2Z2'\: 704 REPUBLIC BUILDING • 1612 TREMONT PLACE • DENVER. COLORADO 80202 • 303 573-6461 1_...9_...c4./\_ S...,:j\,._, ill C.j V` — O0\;..Eci.\\,„ N .)74 z=T--4--..1-1_. : ja °LI/ e5 L4_..„,t c)d dL2.___ ()-C*b ) A'67:-X- I t 1 '32-- ) C-C-ri V4 te,...._ Co a_ 1,( 0 = . 01,,, c, fe-e---3 , 7Le., i c. , ,. ;,,,,,,,„,,,,,,,„,„,cc, SEP '0153 •:--3\ /L.../Aj.,2 RECEIVED Meld Coun1Y �� Planning Commission iiv \ fib— / A. e A, dl C'‘6 46t cr06/d 18 Ns occ 19' RS WBtd Cod SS O � Ccto1x r , 772 To 'Thom It Yay Concern; ?1e are writing in regards to the consideztion being given to the Special Use Permit for Open Cut Mining on PT Section 14, TiN, R681,1. This land is immediately adjacent to our property and we STRONGLY OBJECT to the proposal as we understand it. We feel a project of this magnitude would decrease the value of our property. Number one it would be an eye sore wilth the huge piles of earth that would be formed and also the pits that would be dug. Second we feel the pits w•.t-`. rte,i,r` could affect the table water under our property. Another possibility is the gas line that runs trhough that section and into ours would be effected. If there is a change in the line through that property there surely would be one through ours. We also feel there could not be an adequate restoration of the entire area and specifically to the canal that runs through the proposed area. Any change in the canal would surely affect it's course through our property. With the added traffic load on Road 8 we feel there would be f added danger the use of that road besides the increase in dust and noise pollution. These are some of our objections but mine is a more personal one. As a nature lover and a frequent user of the canal bank for joggin I would try over and over to see the destruction this project would cause to one of the last untouched sections in our neighborhood. Because of all our reasons for objection we would appreciate all your considerations and NOT allow this project o be approved. The coal supply shoud'4 be kept in reserve for the DISTANT future when it may be needed after all other supplies of coal are exhausted. Sincerely, / '`L/v7 4 I )\ IT Ililit' )- _, _ , Denver, Colorado October 9, 1978 Dept. of Planning Services, Weld County Colorado 915 10th St. , Greeley, Colo. Gentlemen: I have been out of the city and just received your notification regarding the proposed strip mining operation by the Imperial Coal Company in Section 14, T1N, R68W in Weld County. The proposed strip mining would beacross the road from my farm. I definitely oppose this permit. The farm is in Section 23, LIIU. R68W . This type of mining will certainly deffaluate the property. I am sure you will give this request special attention and decide against this permit. Very sincerely, /7 (11:,..-r HAG 1223 Race St. Denver 80206 OCT 1978 RECEIVED `f Wed Ecuntg Planing CcSfis&sn � , REMENCO CORPORATION Engineering& Management Service To The Mining Industry Coal, Uranium&Non-Metallic Minerals 770 Grant Street,Suite 238 Telephone Denver,Colorado 80203 (303)831-1402 August 31, 1978 Mr. Thomas Honn Zoning Administrator Planning Department Weld County 915 - 10th Street Greely, Colorado 80631 Dear Mr. Honn: Blasting at the Eagle Surface Coal Mine will be controlled by regulations of both the State and Federal government. Regulations of the Federal Surface Mining Control and Reclamation Act of 1977 are designed to minimize any effects of blasting. The maximum weight of explosives detonated within an 8 millisecond period is governed by the formula W =(D )2 . Where W is the weight and D is the distance, in fee't to the nearest dwelling, school, church or commercial or institutional building,ie if a building is 350 feet away then the maximum weight would be 34 pounds of explosives. Airblasts must be controlled so that it does not exceed 128 decibel linear peak at any manmade dwelling or structure within one half mile of the blast. Blasting must be conducted by experienced, trained and competent persons , who will obtain a certificate of training and qualifications as required by State law. Residents within one half mile of the permit site in the area may request a preblasting survey where a copy of a written report will be furnished to the residents . Public notices of blasting schedules must be published in local newspapers . Blasting must be done during the daylight hours (sunrise to sunset) . These are a few of the regulations governing the use of explosives but do cover the areas where blasting damage may possibly occur. With the size of detonation controlled, the effects of blasting will be minimal on surrounding structures . As to the Stanley Ditch, it is felt this structure would be less prone to damage because of lack of rigidity of the structure . If any damage is indicated then a flexible membrane lining of the ditch would eliminate any water loss . If you have any questions , please contact me. tru y(yo £obert T. Re er, P . E . President / 114"j,Z)V•tiAi‘. Fr «7 �� Otis- I 1.004 -- C' �-c� r g , 17? 0 4; ard4, �a A o 1 Dm), r G n e c lr\ u0e c� 5 l in Si 3 (j) vs CZC‘ cp c �' s 1p 1 \\) o �-f i e c e r\ e 87- e s-+ q CL-L) .._7 o -`[tA. e. wTh�` f\ ` J c,J e ci JvYI a a fr-1 cC , s 11 �` a �^ < cc.` I`-Svr' ct ( \ r \ c( Srci 'e, e� -� a cos() c,c) ( C)c' I l (1,1 r 1 d 11 V it a V 1 c r_i s r b s) e <c Sc1 rl IS c U6c-Us pr cl ( vie do S 1,11 U ,1--1 P / o () 5 cY 4I"142 j I`Yl c( f / o P 5 q 1/? C L r rats 1\ e r7- Pc'5(1c( eve. L,; ® c) ) q (S' Q a u e o rb , r c'4 frot 6 ( e, ise pa 11v ioh Lv ; -t- Ll 40 s ctt, c, PYlctc he ir\ e tr\ ) (-' C�c.1 10l 6110655 .i9 Gk o 5c S "� r' V c `t v r O( ( � dim a s e J -46 o U r Ina vY, e ce d lr o f ( u+,e,, 1/41-1Th ej vl Pr cn r- 00 ,r4 c O e 1^. 1 b u c J S } vl cl ti'Vl -t e ✓vi 'r t) GU d c.i / c4 < 6l C( -1v cl `l c( I r e u rX Ack �__�11�-r ,f-a UI� s i,V e ( ( (Is Co i v o� ) at r vl � U e k i f c,k GI P v-\ .O Cf'O e' C� � V1at 00-11 P_11 i r1 c1 S c X10 d I b j c s '7' '.e lr2 t S d l k,e r o s5 , b c e k c� k- © g- o v l� I a( rr e r e (O r 5 /10�' c>, 1m- . 1 p42? )10 Oil per (O`).• S . r D r\ O Y\ a P O vv1 ( K\ G ) (� Y P d� t 17\ �-- a S`{ ) c'<_ r l r\ e- irn ck L) ) it ivy r our ,orvper -f Vok ire, of r1c l.00 CJ I c `Q 1r `1" i v\ I U'Cc S C- o d (/` pt e -n oW rr,^, I v w-) C V v el di h of r cam , a 5 UC, 1-t1 eZ '{ 0O (Jl. 5 er rr U u 5 I C a vl 414 P)--- G O r- Obi i O n tr d, co 1,-) / T- )1 ej‘._ ,pli ca ('On Cdr' _ i1i5 try) ) he . -in W1c 5. a c� t/,/ (o. 'i /) e 1d. gcs/ � O t'o ''+srebv retition ti co' r_i s?oners of 'cTelc'� i t the n s of ,a ^�- o' i 1 Coal_ m- Court:-, Colorado �o reject„ �P,. r.,C111E3� t'is Z _ .s0�__ v0. `^n',r to regone Gec-tion 1)4, ^o*..* shin 1 North, 63 Jest from agricultur• 1 t0 in '". tr7 for the n1?r''Ose of surface coal min-n;; for t^^ �_P C7_lo-ri n, rc_sore 1. rrobable ecological damage lasting for a, or ten ;Te�.ri ( said land is sanctuary for r1:1n r to o of birds, i ncTl u_c'in" ring-tailed -iheasents, ha„i:c, and rnvans, as r2,0b7_'1.-=, '-T'a l"'ie. C_Or"i err' .3SLLPi3• ?• nlcss_iJ'ls st-t.c t„ral ^amaga adj acct i ld n7s ros'il ting from t:re•�t?-four hour blasting. incren se i n dust fron heaV', truck usq r:c of the co'-nt7 roads and ex-plosions n nr health risk t0 all arc' r-)sidonts, 710�_Ans Os1_.. a nart_i_cul_a rl,T h0.so ':7_t'n ros iiratory disorders. '�. trc-'endous in_creasc in traffic endan!;^i'ir? our children 7eing to and from their bus sto-;s. high c0ac _rl:,ra ,ion of coal par'ic1es in the air arising fro-1 the ever';cr)- on-)er'�tion of t''e mine ;jec'ardize the health of ever'y human being and animal uithin a sever- Cl of t-ie nr0n o sed stain ni---e, just as it cau- ses black l''ng disease, lung cancor, s',_Y?:'_ e,1-',1'-sv:'.a to 'rho nine t''e coal. fignatiiro Address j/Ie Pc) g 2 �.� Vr6;'P//i a c.-t- 40,7 4U a /2-4- // , •'. -7(1 (61-W7 --1O,4e/ ir,e,e y/ -474 (14/..- 5. �' 9.v3 / / •• OD ;,r, __ _+-. _ -6.1.11 0 .. 7 l , l J \-,!,--7-i& t,,, `"i --c .„--). .?.„. „/ a,5-_j `..> c,,, ,, Li J. .,,,» � . .=\ � 0 n t-�- 'Z (arc_/c�[ Co1[ci to/LT r c,(-, `� < j // t.=r,., Co/O 9. 4 _2_,,,; __, +W.% z,./e/r. if- ry kir: o,,,,, ./---;:_z, //,.,4 1...). .11 it,-, 9`ass ryti+/t,f,, " yt ) .1.—."6—‘"'-' Zl L 11. ,:.t t`6.-6 e -. _ A,6,,c-e.j___, 47//9,;? 6-t id a . „6/. // ( c 1,_.,-... .<,,,,,„ ._(--,-,,_ .y„--(.2___„ i , „ c, , fi , ,,. .s ) \,/, t H.,e,_L 1,, ,._ f-cui • c.- % , ,,,,, , ,, ,, , 4,022 (6.ie ,1 1(1/ d'-' ,,,e5Le.c._ III-to 6-,/,....,. ,eLx- - ,-,,,if i, • Ali /../ 1, ?..,, ..., ....„ ,_. ,..„- , %// -,e-z i ,„ ..../.,..,./..." i--?-- 1 ��s 17♦ 1t'. 11 /. -r '1 . 22. DJVI'E: Oct ft 25, 1978 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearing for the 13th of December, 1978 at 2: 00 P.M. Imperial Coal Company SUP, Open Cut Mining Permit- Denver, Co. Surface Coal Mining OFFICE OF THE CLERK TO THE BOARD BY: Y1` ,p Deputy C � The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO -/ea6e-e,e--e-/ erg Imperial Coal Company SUP-374: 78:26 SURROUNDING PROPERTY OWNERS September 14, 1978 Colorado Serum Company 4950 York Street Denver, Colorado 80216 George M. and Hilda Butland c/o Colorado National Speedway Route 3, Box 184B Brighton, Colorado 80601 Maybelle, Annie Jane and Mary Irene Wright Route 1, Box 102 Erie, Colorado 80516 Roger N. and Sherry L. Smith 4022 County Road 11 Erie, Colorado 80516 Roger N. and Sherry L. Smith 4022 County Road 11 Erie, Colorado 80516 Floyd and Eleanor A. Brumbaugh 4112 County Road 11 Erie, Colorado 80516 W. Francis Hamilton C\kCZ'�5•..k1 �-%W-- \NCfi Route 1, Box 121 . \\,) Erie, Colorado 80516 \w d� :\%)C\ 'VpOaE%% Richard Coslett , etal 2040 George Street Billings, Montana 50102 Charles S. and Alma G. Davis 3400 East Tennessee Denver, Colorado 80209 Union Pacific Railroad Company Tax Department 1416 Dodge Street Omaha, Nebraska 68102 Helen A. Crandell 1223 Race Street #905 Denver, Colorado 80222 Roland and Izola B. Bury Route 1, Box 53 Erie, Colorado 80516 1 1 / 1 A-R-I N G 1,16-1- - 50 P 3 74 al--o V F Ru M Co 4 950 • \1OR ST . "DE 10\1 F , Co , $o l (p 6eoic.c /1/1. _ 41j -- q J c/o C .. N ATL SP pi)w Ay RI 3 , Sox 18 g &R i6ii'MN , Co. 80601 MA' B. ---1.1_,E , ANN i E Z-AN .... MA-Ry -iki Am. VJRiStir -t- 1 , -&)x 102 1.t g , Co . 5051(0 RoR. 0 . F. aim. S t2R1 L. SN\' T1 del O22 - Co . 1Z p 11 cgi , Co . $ 0514 F Loy rJ c. ELL-AAloR A . RUMti &i-i 4112 Cc • .Z 11 g, Co . c6.OS) 6 W . 1-RANC iS IA kp 'wL -cON 2TI , &y. 0.1 Est E , Co. SOS ) f -RICNARD COSLETT, E-C A}L 2040- &E k& T. Zii-I-NGS , f om-r 6-d(02 C1-1ARLL^S S. i. AL-MA CS 'OfV IS 31460 `E TaiwuSCE EAN , Ca . So ao / L)IJoAJ fnCC Fio 1-ZOPT P Co -TA DPI" 141 (O- 1D(.5C- S7► . OMAHA , /) 3, e$ io2 IA G L -N A . CR Ail b E- L. I aa.3 - 12Ac c ST. if °ICA tNVEr? 1 Co,. 80Z1Z Cl Lq Ai D *. aZO L!; % . ►J v ky Q ( , fox 63 ERI ,. Co . 6oS1 ‘ 11, 1-2, 13, /1_ 1 _ 68 .Q3 t �1=1z-cy Rasc SOP & 74 14-1 -68 74, C01-O Sakum Co . KO-II-O -00 -02¢ ,ta195o yO RI‹ ST. S54 II- 1 - 6,S "DE-mve R, Co 8 oat e {q-q7 -� 1 sb '3 LANm, C ao c�G-e M • t 14vg-bA 16 31956, Colo SpaeewAY HO - H -0 -00 -00c 3 z fox 184 $ E2 Sw4 II - 1- GS 1. ikc a•v+taN , Co . 80661 VJ1 G-vi-c MA4 3 mix r ANN r E & r MART TRreoE olc - RT I , Boy 102 1467 -U-0 -00 - 006 Et�l'c Co. 1 X5'1 k, W Q 5 A)4 11- ( - 625 k75sAititi , O g-E R 13 • f 5 14ERR•1 L. 14107- p-0 -6o - 044 #C •2- 11 Pc sw s .S )2-1- 48 ETZ I L_ Co SOS I @ s 56d' w op o qRAA) 111( 16.Z FkANcrs g Amy - NA-05 e+ — ROM 3 A0 6-�}; FL-01 p El-e414014- {�� 14 G7-I -6-03 .41.13 4-77-2 ,(1aZe.9c -/// S ) SE l2 -1- G8 yc,5/ 1733534 FRFwciS AMW i...-ro N1 14 6-7- (a - 0-do-048 w l2t 1 f a 1 SW 4 ��-i- 68 � '' tH- Co �dsi 1M Li5T ..5QP '15 *RNou °PErE kA y BAio )Tt - (-AV , CO . $oil D -ERowiki G R,� 1 N F Lt u kc I , 3o)c ID - A Pi ER(' , Co . X30 650 6eme Z-RA< E- R-T I AOL.-T , Co . gO6lO GAL-0- F. A1OOO1 lol3y - N �5 I..ONGM0nJT, CO , e 0 SOI J- 7 - 67 O?I 1 N &-S a A Rc * - LOP 315 O7o'S - p -o -.00 - 4 oo4 - Etiu041 SAI4Moiv-ra, (ieRA)o.JJ 7ETtIZ r /VI,4Ay kqy L'- ,�4u � C-Uta . SOG (C) AlE 4 - `7 - 617 o-706... .5 .z.---- e -oo - ao8 'Rol u,u G-RArN Ues-toc.X , Muc . off /6 - a_ -1 - 47 e(4, ..„ (Ica to o P. iv�4 0705-o0-O-Oo -665 ZRAVE G�N � (Al 2aw4, `S -7-67 ®� Aut,1 , Colo 00(90D I or- CA,Agq- 0 ,(V100CDNI , F. GA tom-- 0705 -,/ -® --Co -vo 1013ct -15 LoN bise•o u-s (oOCO ` ( l_7 - 67 lY 1 looO c-40 /71r 1 - I , Billy G. 8io_lloway, certify that the above plat is an accurate survey described as follows. Commencing at the Northeast corner of section 14 TiN R68W 6 PM, thence West along the North line of section 14 3630 feet, thence South and parallel with the 2.ast line of section 14 1320 feet, thence East and parallel with the North line of section 14 330 feet, thence Louth and parallel withthe East line of section 143940 feet to a point on the Louth line .of section 14, thence N89°15 'E along the bouth line of section 14 2640 feet, thence North and parallel with the East line of section 14 3270 feet, thence N89°15 'E 660 feet to a point on the Last line of section 14, thence North along the East line of 1 - section 14 1939 feet to the point of beginning. August 7, 1978 ��..ii A 6,i iii 0( 0*,,, ��G�S1ER ;ff.'.��,' itegistered La d Surveyor o. 2853 �v• • State of Colorado 2853 = .� , ,•SURD 1�. nr A l'I' I, I C A N I : IMPERIAL COAL OMPANY 1 I ML : : 0 PM I'U(k 1, l'll 79-7' I I A I'I. : DECEMBER 13, 19 It Io!I I I I : S , OPEN CUT MINING P',RMIT . 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