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Home My WebLink About870274.tiff Y RESOLUTION RE: APPROVE AMENDMENT OF USE BY SPECIAL REVIEW FOR SURFACE COAL MINING AND ASH DISPOSAL - COORS ENERGY COMPANY 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 held a public hearing on the 15th day of April, 1987 , at the hour of 2: 00 p.m. in the Chambers of the Board for the purpose of hearing the application of Coors Energy Company, P.O. Box 359, Keenesburg, Colorado 80643 , for the amendment of a Use by Special Review for surface coal mining and ash disposal on the following described real estate, to-wit: Part of Sections 25 , 26 and 36, all in Township 3 North, Range 64 West of the 6th P.M. , Weld County, Colorado WHEREAS , said applicant was represented ,by Larry Campbell, manager of the Keenesburg Mine, and WHEREAS, Section 24 . 4. 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and , having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24. 7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 . 4 . 2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Weld County Comprehensive Plan in that extraction of mineral resources and disposal sites are allowed as long as they are preserving prime agricultural farm land. 870274 Page 2 RE: AMEND USR - COORS ENERGY COMPANY b. Open-pit mining and solid waste disposal sites are provided for as uses by special review in the Agricultural Zone. c. The proposed uses will be compatible with the existing surrounding land uses. d. The proposal will be compatible with future development of the surrounding areas as projected by the Weld County Comprehensive Plan. e. No overlay districts affect the site. f. The Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application to amend a Use by Special Review for surface coal mining and ash disposal on the hereinabove described parcel of land be, and hereby is , granted subject to the following conditions: 1. The ash disposal activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services Office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 2. The applicant shall patch existing damaged areas in the access road, Weld County Road 59 , prior to standard chip seal treatment to be done by Weld County. This work should be completed no later than the 1988 construction season. Should the truck traffic increase to 25 truckloads per day, the requirement of the original permit for an additional two-inch lift shall be adhered to. 3. Prior to recording the Use by Special Review plat: a. The attached Development Standards shall be adopted and placed on the Use by Special Review plat. b. The following note shall be placed on the Use by Special Review plat: 870274 Page 3 RE: AMEND USR - COORS ENERGY COMPANY 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 Development Standards. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of April, A.D. , 1987. BOARD OF COUNTY COMMISSIONERS ATTEST: 0.7 atA.A.A.;AVIAtt:V WELD CO NTY LO ADO Weld County Clerk and Recorder and Clerk to the Board Go , airman 6Y` C. . Kir y, P -Tem eputy County Clerk APPROVED AS TO FORM: Gene R. Bra tner .' / J e J h� '°�a �� ✓� Acs , County Attorney Frank Yamaguchi 870274 DEVELOPMENT STANDARDS Coors Energy Company Amended USR-386: 86: 58 1. The Use by Special Review permit is for an open-pit coal mine and ash disposal as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. The applicant shall dispose of only those materials from sources which have been reviewed and approved by the Health Department staff. Laboratory analysis of a sample of ash from each source is required to be submitted for review and approval. 3. Fly ash and/or bottom ash shall be transported in a manner that will prevent any fugitive dust from leaving the transport vehicle during loading, transport, and off loading. 4. The disposal site shall be maintained in such a manner as to prevent any fugitive dust from blowing or drifting off the immediate disposal site at any time. Sufficient water spray and/or cover materials shall be available to be applied in order to abate dust conditions at any time necessary. 5 . The disposal cells shall have a minimum of four feet of soil, regolith , mantlerock , or bedrock material between the top of the groundwater table and the floor of the deposited ash waste pit. The site shall have a minimum of four feet of cover over the ash at final grade. 6 . 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. 7 . Excavation generated traffic of a commercial nature 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 at Weld County Road 59 , south of the Special Use permit area. 8 . The active mining area shall be fenced with a three-strand barbed wire fence. The fence shall remain until the area is fully reclaimed. 870274 Page 2 DEVELOPMENT STANDARDS - COORS ENERGY COMPANY 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 . 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. 11. A National Pollutant Discharge Elimination System Permit shall be obtained from the Colorado Department of Health for any water discharge. 12. A fugitive dust emission permit shall be applied for and obtained through the Weld County Health Department or from the Colorado Department of Health. 13. All phases of the operation must conform to the noise limitations set forth in Section 25-12-103 , CRS, as amended. 14 . The sewage disposal system requires Board of Health approval; if capacity is greater than 2,000 gallons daily, approval must be obtained from the Water Quality Control Commission. 15. All storage, handling, preparation, and use of explosives shall comply with all applicable County, State , and Federal laws and regulations. 16. All references to Adolph Coors Company shall include its heirs, successors and assigns. 17. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 18. The applicant shall comply with the operation policies for Uses by Special Review open mining operation, Section 44. 4 of the Weld County Zoning Ordinance. 19 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24. 5 of the Weld County Zoning Ordinance. 20. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24. 6 of the Weld County Zoning Ordinance. 870274 Page 3 DEVELOPMENT STANDARDS - COORS ENERGY COMPANY 21. Personnel from the Weld County Health Department, State Health Department, and Weld County Department of Planning Service shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 22. The Use by Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 23. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. 870274 HEARING CERTIFICATION DOCKET NO. 87-14 RE: AMEND USE BY SPECIAL REVIEW (SURFACE COAL MINING AND ASH DISPOSAL) AND CERTIFICATE OF DESIGNATION - COORS ENERGY COMPANY A public hearing was conducted on April 15, 1987, at 2:00 P.M., with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Gene Brantner Commissioner Jacqueline Johnson Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that pursuant to a notice dated March 25, 1987, and duly published April 2, 1987, in the Johnstown Breeze, a public hearing was conducted to consider the requests of Coors Energy Company to Amend a Use by Special Review for surface coal mining and ash disposal; and for a Certificate of Designation. Assistant County Attorney Lee Morrison made these matters of record. Keith Schuett, Planning Department representative, read the favorable recommendation of the Planning Commission regarding the request to amend a Use by Special Review for surface coal mining and ash disposal, which was subject to 3 Conditions and 23 Development Standards, into the record. Mr. Schuett said Drew Scheltinga, Engineering Director, recommends a change to Condition #2, and gave the Board copies of a memo outlining this change. Larry Campbell, manager of the Keenesburg Mine, came forward to represent the applicant. He stated that Coors Energy will comply with the proposed Development Standards, and that approximately eight trucks come to the mine per day, and no increase is anticipated. No public comment was made concerning this request. Commissioner Johnson moved to approve the request of Coors Energy Company to amend a Use by Special Review for surface coal mining and ash disposal, subject to the Conditions and Development Standards proposed, with Condition #2 amended as proposed by Mr. Scheltinga. Commissioner Yamaguchi seconded the motion and it carried unanimously. Mr. Schuett then presented the favorable recommendation of the Planning Commission concerning the request for a Certificate of Designation and stated that this recommendation is subject to nine Conditions. Mr. Campbell represented the applicant on this matter also. There being no public comment concerning this request, Commissioner Brantner moved to approve the request for a Certificate of Designation, based upon the recommendation of the Planning Commission. Seconded by Commissioner Kirby, the motion carried unanimously. 2 Page 2 RE: CERTIFICATION - COORS ENERGY COMPANY This Certification was approved on the 20th day of April, 1987. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: LLtil WELD C TY 0 0 0 Weld County Clerk and Recorder and Clerk to the Boa Go do acy, h an D puty County Cle C.W Kirby, Pro-T IgaZ-4:7- Gene R. Bran ner c hn on d a- Frank Yamaguchi TAPE #87-30 DOCKET #87-14 PL0113 a BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OR RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Lynn Brown that the following resolution be introduced for passage by the Weld County Planning Commission. Be it therefore Resolved by the Weld County Planning Commission that the following be adopted. NAME: Coors Energy Company ADDRESS: P.O. Box 859, Keenesburg, CO 80643 REQUEST: Certificate of Designation. LEGAL DESCRIPTION: Part of Sections 25, 26, and 36, all in T3N, R64W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 4 miles north of Keenesburg on Weld County Road 59 be recommended favorably to the Board of County Commissioners for the following reasons: 1. The conditions for approval will minimize the impacts on the surrounding property and the area to the greatest extent possible. The conditions for approval will also provide adequate protection of the health, safety, and welfare of the inhabitants of the area and the County. 2. The solid waste disposal site and facility will provide convenience and accessibility to the user, Coors Energy Corporation. 3. The applicant has demonstrated in the application materials that there is a need for this solid waste disposal facility. 4. The applicant has the ability to comply with the health standards and operating procedures for a Solid Waste Disposal Site and Facilities Act, Title 30-20, Part 1, CRS 1973. 5. The Colorado Department of Health and the Weld County Health Department have reviewed this request and find, subject to conditions, that the proposal will comply with the standards of the Solid Waste and Disposal Site, and Facilities Act, Title 30-20, Part 1, CRS 1973. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Planning Commission's recommendation for approval is conditional upon the following: Coors Energy Company March 17, 1987 Page 2 1. Annual fly ash and bottom ash analysis which must include but not be limited to extractant procedure toxicity, shall be submitted to the Hazardous Materials and Waste Management Division of the Colorado Department of Health. In addition, if at any time a boiler or source of coal is changed at the Golden Plant, extractant procedure toxicity analysis of the fly ash and the bottom ash must be submitted to the Hazardous Materials and Waste Management Division of the Colorado Department of Health. 2. Due to the potential impact of the site sumps and sediment ponds on the ash disposal areas and vice versa, the sump and sediment ponds shall be maintained at a distance of 500 feet from the boundaries of the ash disposal areas. 3. Covering of the ash wastes shall occur on a regular and frequent basis. Covering of ash wastes with a minimum of six inches of cover material shall occur every 48 hour period. 4. The working face or exposed area of ash at any one time shall not exceed 60 feet across. 5. A minimum of two additional groundwater monitoring wells shall be constructed and located downgradient (northeast) of the main ash disposal area of B-pit, which will monitor the overburden groundwater. The wells shall be constructed in accordance with the Water Well and Pump Installation Contractors Act and the location of the wells shall be proposed to the Hazardous Materials and Waste Management Division of the Colorado Department of Health and approved. Sampling of the wells shall occur on a quarterly basis for the same parameters as required by the Mined Land Reclamation Division for the 1986, monitoring program. Additional, all quarterly groundwater monitoring data shall be submitted to the Hazardous Materials and Waste Management Division of the Colorado Department of Health. 6. Annual records shall be submitted to the Hazardous Materials and Waste Management Division of the Colorado Department of Health which depict the current status of all ash disposal areas as locations advance. 7. Reclamation (grading, final cover, revegetation) of ash disposal areas shall commence immediately upon final filling of an area. 14. Coors Energy Company March 17, 1987 Page 3 8. The property shall be maintained in compliance with all requirements of the Mined Land Reclamation Division, the 23 Development Standards for Amended SUP-386:86:58 and the requirements of the State Health Department. 9. All applicable permits of the Air Pollution Control Division shall be obtained prior to the construction and/or operation of any activities for which they are required. Motion seconded by LeAnn Reid. VOTE: For Passage Against Passage Lynn Brown Ivan Gosnell LeAnn Reid Louis Rademacher Paulette Weaver Jack Holman 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, Bobbie Good, 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, Colorado, adopted on March 17, 1987, and recorded in Book No. XI of the proceedings of the said Planning Commission. Dated the 19th day of March, 1987. Bobbie Good Secretary a BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Paulette Weaver 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 application for: CASE NUMBER: Amended SUP-386:86:58 NAME: Coors Energy Company ADDRESS: P.O. Box 859, Keenesburg, CO 80643 REQUEST: Amend a Use by Special Review permit (surface coal mining and ash disposal) LEGAL DESCRIPTION: Part of Sections 25, 26, and 36, all in T3N, R64W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 4 miles north of Keenesburg on Weld County Road 59 be recommended favorable to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan in that extraction of mineral resources and disposal sites are allowed as long as they are preserving prime agricultural farm land; - Open-pit mining and solid waste disposal sites are provided for as uses by special review in the Agricultural zone; - The proposed uses will be compatible with the existing surrounding land-uses; - The proposal will be compatible with future development of the surrounding areas as projected by the Weld County Comprehensive Plan; - No overlay districts affect the site. - The Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. .. % Amended SUP-386:86:58 Coors Energy Company Page 2 This recommendation is based, in part, upon a review of the application submitted by .the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Planning Commission's recommendation for approval is conditional upon the following: 1. The ash disposal activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 2. Within 120 days of approval, the applicant shall repair any faulty areas in the access road (Weld county Road 59) to a depth of the original design and the placement of a fabric underliner, followed by the placement of a 2 inch overlay of hot bituminous pavement to complete the original design thickness of the access road. 3. Prior to recording the Use by Special Review plat: — The attached Development Standards be adopted and placed on the Use by Special Review plat. - The following note shall placed on the Use by Special Review 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 Development Standards. Motion seconded by LeAnn Reid. VOTE: For Passage Against Passage Lynn Brown Ivan Gosnell LeAnn Reid Louis Rademacher Paulette Weaver Jack Holman s r Amended SUP-386:86:58 Coors Energy Company Page 3 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, Bobbie Good, 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, Colorado, adopted on March 17, 1987, and recorded in Book No. XI of the proceedings of the said Planning Commission. Dated the 19th day of March, 1987. Bobbie Good Secretary DEVELOPMENT STANDARDS Coors' Energy Company Amended USR-386:86:58 1. The Use by Special Review permit is for an open-pit coal mine and ash disposal as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. The applicant shall dispose of only those materials from sources which have been reviewed and approved by the Health Department staff. Laboratory analysis of a sample of ash from each source is required to be submitted for review and approval. 3. Fly ash and/or bottom ash shall be transported in a manner that will prevent any fugitive dust from leaving the transport vehicle during loading, transport, and off loading. 4. The disposal site shall be maintained in such a manner as to prevent any fugitive dust from blowing or drifting off the immediate disposal site at any time. Sufficient water spray and/or cover material shall be available to be applied in order to abate dust conditions at any time necessary. 5. The disposal cells shall have a minimum of four (4) feet of soil, regolith, mantlerock, or bedrock material between the top of the • groundwater table and the floor of the deposited ash waste pit. The site shall have a minimum of four (4) feet of cover over the ash at final grade. 6. 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. 7. Excavation generated traffic of a commercial nature 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 at Weld county Road 59, south of the Special Use permit area. 8. The active mining area shall be fenced with a three (3) strand barbed wire fence. The fence shall remain until the area is fully reclaimed. 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. 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. 4 _. Development Standards Amended SUP-386:86:58 Coors' Energy Company Page 2 11. A National Pollutant Discharge Elimination System Permit shall be obtained from the Colorado Department of Health for any water discharge. 12. A fugitive dust emission permit shall be applied for and obtained through the the Weld County Health Department or from the Colorado Department of Health. 13. All phases of the operation must conform to the noise limitations set forth in 25-12-103, CRS, 1973. 14. The sewage disposal system requires Board of Health approval; if capacity is greater than two thousand (2,000) gallons daily, approval must be obtained from the Water Quality Control Commission. 15. All storage, handling, preparation, and use of explosives shall comply with all applicable County, State, and Federal laws and regulations. 16. All references to Adolph Coors' Company shall include its heirs, successors and assigns. 17. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 18. The applicant shall comply with the operation policies for Uses by Special Review open mining operation, Section 44.4 of the Weld County Zoning Ordinance. 19. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 20. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 21. Personnel from the Weld County Health Department, State Health Department, and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. Development Standards Amended SUP-386:86:58 Coors' Energy Company Page 3 22. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 23. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION Moved by Lydia Dunbar that the following resolution be introduced for passage by the Weld County Planning Commission: CASE NUMBER: Amended SUP-386:86:58 NAME: Coors' Energy Company ADDRESS: P.O. Box 359, Keenesburg, CO 80643 REQUEST: Surface mining and ash disposal LEGAL DESCRIPTION: Part of Section 25, 26, and 36 all in T3N, R64W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 4 miles north of Keenesburg on Weld County Road 59 THE WELD COUNTY PLANNING COMMISSION CONTINUES THIS REQUEST TO MARCH 17, 1987, FOR THE FOLLOWING REASONS: In a letter dated February 9, 1987, the State Health Department stated that their review of this land-use application was not complete. The continuance will allow adequate time for the State Health Department to complete its review. Motion seconded by Louis Rademacher. VOTE: For Passage Against Passage Louis Rademacher LeAnn Reid Ivan Gosnell Lynn Brown Lydia Dunbar Paulette Weaver Ann Garrison Jack Holman 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. Amended USR-386:86:58 Coors Energy Company Page 2 CERTIFICATION OF COPY I, Bobbie Good, 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, Colorado, adopted on February 17, 1987, and recorded in Book No. XI of the proceedings of the said Planning Commission. Dated the 18th day of February, 1987. Bobbie Good Secretary SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING March 17, 1987 A regular meeting of the Weld County Planning Commission was held on March 17, 1987, in Weld County Commissioners' Hearing Room, Weld County Centennial Building 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the chairman, Jack Holman at 1:30 p.m. Tape 271 - Side 1 ROLL CALL Lydia Dunbar Absent - Called in Ivan Gosnell Present LeAnn Reid Present Louis Rademacher Present Lynn Brown Present Paulette Weaver Present Ann Garrison Absent - Called in Jack Holman Present Also present: Keith Schuett, Current Planner, Lee Morrison, Assistant Attorney, and Bobbie Good, Secretary. A quorum was present. The summary of the last regular meeting of the Weld County Planning Commission held on March 3, 1987, was approved as distributed. CASE NUMBER: S-274:87:1 APPLICANT: Martin and Wilma J. Oase (Wilmar Subdivision) REQUEST: Subdivision Final Plat LEGAL DESCRIPTION: Ni NEi of Section 11, T1N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .75 miles west of Dacono; south of Weld County Road 12 and west of Weld County Road 11 APPEARANCE: Jennifer Rodriguez, Planning Consultant, Rocky Mountain Consultants, Inc. , represented the applicants. She reported that to begin with this subdivision will be on individual septic systems, but the septic tanks will be done away with when the sanitation district has service within 400 feet of the property. They still need to amend the road maintenance and subdivision improvement agreements John Cummings, P.E. , Rocky Mountain Consultants, Inc. , reviewed the drainage plan. This property is not identified as a flood prone area as idendified by the Flood Insurance Rate Map. Lee Morrison explained the subdivision improvements agreement. w Summary of the Weld County Planning Commission Meeting March 17, 1987 Page 2 Jennifer Rodriguez stated they have reviewed the recommendations of the Department of Planning Services' staff and agree with the seven conditions set forth. Tape 271 — Side 2 The Chairman called for discussion from the members of the audience. There was none. The Chairman asked that the staff's recommendations and conditions not be read into the record, but that they be filed with the summary as written. Lee Morrison reported he has spoken on the phone to the applicant's legal counsel concerning the covenants for this subdivision. He also reviewed how the County would deal with these provisions if the guidelines were not met. AMENDMENT: Louis Rademacher moved a new Condition #7 be added to read as follows: 7. Prior to this request being heard by the Board of County Commissioners, the applicant shall submit to the Department of Planning Services, a copy of the covenants approved by the County Attorney and a copy of a road maintenance agreement approved by the Weld County Engineering Department, and that existing Condition #7 be renumbered as Condition 4#8. Motion seconded by Paulette Weaver. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. MOTION: Louis Rademacher moved Case Number S-274:87: 1 for Martin and Wilma J. Oase for a subdivision final plat be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations as outlined by the Department of Planning Services' staff, the conditions as outlined by the staff and amended by the Planning Commission, and the testimony heard by the members of the Planning Commission. Motion seconded by Paulette Weaver. Summary of the Weld County Planning Commission Meeting March 17, 1987 Page 3 The Chairman called for discussion from the members of the Planning Commission. No further discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Lynn Brown - yes; Ivan Gosnell - yes; LeAnn Reid - yes; Louis Rademacher - yes; Paulette Weaver - yes; Jack Holman - yes. Motion carried unanimously. CASE NUMBER: Amended SUP-386:86:58 (continued from February 17, 1987) APPLICANT: Coors Energy Company REQUEST: Amend a Use by Special Review permit (surface coal mining and ash disposal) LEGAL DESCRIPTION: Part of Section 25, 26, and 36, all in T3N, R64W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 4 miles north of Keenesburg on Weld County Road 59 APPEARANCE: Bob Troestle, Coors Energy, represented the applicant. He stated Coors has been mining coal at this site since 1981. They are asking that their Special Use Permit be amended to allow disposal of the ash from burning the coal at the brewery. They have been disposing of the ash in Adams County. There have been no problems with dumping ash at the site in Adams County, but they just want to use the mine as a disposal area. This would not be a public disposal site. They would only be handling their own materials. Also, the ash is a better leachate than the soils in this area. Wes Potter, Weld County Health Department, reported the Development Standards meet all Weld County, Colorado, and EPA standards, and the standards are high enough to protect groundwater tables. The Health Department has no problem with what Coors is wanting to do. Keith Schuett stated reclamation plans are under Mined Land Reclamation and their recommendations will not be ready for about thirty days. The Development Standards state these requirements must be met. Larry Campbell, engineer, Coors Energy, stated they are not aware of deterioration of the road which will be used for the haul route, but they will check it to see what is happening. Ash and by-products of the boilers at Coors Brewery will be all that is dumped into this site. The ash will be hauled to the site wet and in closed containers. The Chairman called for discussion from the members of the audience. There was none. Summary of the Weld County Planning Commission Meeting March 17, 1987 Page 4 The Chairman asked if they had reviewed the recommendations, conditions, and Development standards as outlined by the Department of Planning Services staff. Mr. Campbell said many of these conditions and standards are direct quotes from referral agencies, and they will comply with all requirements. The Chairman asked that reading of the Department of Planning Services' staff recommendations, conditions, and Development standards be dispensed with and that they be filed with the summary as a permanent record of these proceedings. MOTION: Paulette Weaver moved Case Number Amended SUP-386:86:58 for Coors Energy Company to amend a Use by Special Review permit for surface coal mining and ash disposal be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations, conditions, and Development Standards as outlined by the Department of Planning Services staff and the testimony heard by the members of the Planning Commission. Motion seconded Louis Rademacher. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning , Commission for their decision. Lynn Brown - yes; Ivan Gosnell - yes; LeAnn Reid - yes; Louis Rademacher - yes; Paulette Weaver - yes; Jack Holman - yes. Motion carried unanimously. CASE NUMBER: None APPLICANT: Coors' Energy Company REQUEST: Certificate of Designation LEGAL DESCRIPTION: Part of Section 25, 26, and 36, all in T3N, R64W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 4 miles north of Keenesburg on Weld County Road 59 Lee Morrison explained a Certification of Designation is the name of a permit given for disposal of solid wastes. The State Board of Health and the Planning Commission make a recommendation to the Board of County Commissioners for granting a permit for a solid waste disposal site which is usually issued in conjunction with a Use by Special Review permit. Summary of the Weld County Planning Commission Meeting March 17, 1987 Page 5 APPEARANCE: Larry Campbell, Engineer, Coors Energy Company, asked that the testimony given for the Amended Special Use permit be applicable to this request, and that no further testimony will be given by the applicants. The Chairman called for discussion from the members of the audience. There was none. The Chairman asked Mr. Campbell if he agreed to dispense with reading the recommendation of the staff into the record. He agreed. The Chairman asked that the staff's recommendation be filed with the summary as a permanent record of these proceedings. MOTION: Lynn Brown moved the request from Coors Energy Company for a Certificate of Designation be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations, conditions, and Development Standards as outlined by the Department of Planning Services staff and the testimony heard by the members of the Planning Commission. Motion seconded by LeAnn Reid. The Chairman called for discussion from the members of Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Lynn Brown - yes; Ivan Gosnell - yes; LeAnn Reid - yes; Louis Rademacher - yes; Paulette Weaver - yes; Jack Holman - yes. Motion carried unanimously. CASE NUMBER: USR-777:87: 1 (continued from February 17, 1987) APPLICANT: Jack Dinis REQUEST: Use by Special Review permit for an 800 head dairy operation LEGAL DESCRIPTION: Part of the SEi of Section 16, T6N, R64W of the 6th P.M. , Weld County, Colorado LOCATION: North of State Highway 392 and west of Weld County Road 55 (on Weld County Road 55) APPEARANCE: Pat McNear, Scott Realty Company, represented the applicant. He stated the plat that has been submitted is a preliminary plan for the dairy. The wastewater treatment will be in compliance with all State and County Health Department recommendations. Tape 172 - Side 1 Summary of the Weld County Planning Commission Meeting March 17, 1987 Page 6 Keith Schuett explained this request is for an eight hundred head dairy operation. This would allow only eight hundred head of milk cows and calves for replacement stock. Lee Morrison explained the public notice when published allowed for only 800 head of cows. This number may be less, but not more, without republishing the request. Pat McNear stated the applicant intended to have 800 head of milk cows. Don Carlson, P.E. , Carlson Engineering, reported there are ten cattle pens. Each is designed to hold one hundred head of cows, therefore the pen area allows for one thousand to one thousand two hundred head of stock. Also, the holding ponds, etc. , will not be changed because they are designed for over 800 head of cows. Lee Morrison stated that since the Planning Commission members are representing the citizens, and it would be ambiguous for the Planning Commission to make a decision on a request for two to four hundred head more livestock than what had been published or what had been included in information sent to the surface fee owners and the referral agencies. Keith Schuett explained that to amend this request the process would be the same as the initial request and it would take approximately thirty days before the case could again be heard by the Planning Commission. Jack Dinis, applicant, asked that the Planning Commission not take action on this request and that it be resubmitted to allow for an 800 head dairy plus replacement stock. MOTION: Louis Rademacher moved Case Number USR-777:87: 1 for Jack Dinis for a Use by Special Review permit for an eight hundred head dairy operation be continued until the applicant comes back with the additional information needed for the permit to comply with his needs. Motion seconded by Paulette Weaver. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Lynn Brown - yes; Ivan Gosnell - yes; LeAnn Reid - yes; Louis Rademacher - yes; Paulette Weaver - yes; Jack Holman - yes. Motion carried unanimously. The Chairman called a break at 3:00 p.m. The meeting was called to order by the Chairman at 3:10 p.m. Summary of the Weld County Planning Commission Meeting March 17, 1987 Page 7 CASE NUMBER: USR-776:86:57 (Continued from March 3, 1987) APPLICANT: Suckla Farms, Inc. REQUEST: Use by Special Review permit for a 1,250 foot high radio transmission tower LEGAL DESCRIPTION: Part of the NWi of Section 33, T2N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .5 miles east of the town of Frederick The Chairman asked Keith Schuett to read the recommendation of the Department of Planning Services' staff into the record. This request is to allow testimony, but to continue a decision until April 7, 1987, to allow time for the FAA to submit its recommendations. APPEARANCE: Paul Montoya, Director of Engineering, Surrey Broadcasting Company. Mr. Montoya thanked the staff for allowing testimony to be presented at this meeting. The purpose of this request is to construct a tower in order to reach the largest possible listening audience. They are working with many restrictions placed on broadcasting companies by the FCC. Because of restrictions placed by the both the FCC and FAA, this area appears to be to be about the only area that is suitable for their tower. A video tape of the area was shown. Tape 272 - Side 2 This is not a residential area and it does not look as though it ever will be. Originally, they intended to install a 1,250 foot high tower, but plans now call for a 1,188 foot high tower. There will be a building at the base of the tower that will be approximately one thousand square feet. FCC Rules, Part 73, deals with interference problems. All interference must be eliminated. A Special Report from the American National Standards Institute concerning categorical exclusion from RF Radiation Regulation was also distributed to the Planning Commission. These reports are both on file in the case as part of the permanent record. Because of the height of the tower and therefore, less resistance to structures within its field, less power is needed to broadcast the signal within their signal range. Tape 273 - Side 1 Paul Montoya reported they have been working with Bob Rineshmith, Director, Weld County Communication. The study he has asked for will be conducted by an outside firm. Because of the antenna height, it would prevent interference with any public service transmission, receiving, or radiation. He would like to answer the concerns of the letters written to the Planning Department by the residents of the area. Summary of the Weld County Planning Commission Meeting March 17, 1987 Page 8 Greg Zadel, Broker, Greg Zadel and Associates, reviewed the request presented to him by Surrey Broadcasting. This area was chosen because it appeared it would not become a high density residential area. None of the existing structures in the area are likely to be moved, and the area is light or rural industrial. The surrounding area is, more or less, a gentleman farmer's neighborhood. He does not see any negative impacts on the residents or the locality. There will be a very small amount of farmland taken out of production. An agreement with Suckla Farms or any future owners of the property will enable them to farm this property along with the Suckla land. He reviewed the tax base for farmland vs the radio tower. Larry Ellis, Ellis and Wiebe, P.C. , Consulting Engineers, (credentials on file) , reported their firm specializes in radio transmission. He explained why this tower would not interfere with Public Service company Broadcasting, etc. FCC policy must be followed and they must be notified ten days in advance before broadcasting begins. If there are any problems, they will be found. Earl Stone, Bechtel Structures, Fort Worth, Texas, reported this request was filed with the FAA in May 1986, and they should have a decision in the very near future. He explained how the FAA reviews each request for a radio tower. The FAA has asked Surrey Broadcasting to make some allowances and they have complied. Most aviation issues have been resolved. Balloonists have an airport approximately three miles north of the proposed tower. This is regulated under Part 91, FCC Rules. These requirements are about the same as pilots must operate under. This is almost a perfect site for a tower. Tape 273 - Side 2 Lee Morrison stated the Planning Commission needs to decide whether they are going to make a decision on this request today. The Planning Commission members decided they would hear the testimony from Surrey Boradcasting today and accept testimony from other interested parties at a later date. The Chairman called a break at 4:50 p.m. The meeting was reconvened at 5:00 p.m. NOTICE: Chuck Cunliffe is now representing the Department of Planning Service's staff. , , • Summary of the Weld County Planning Commission Meeting March 17, 1987 Page 9 The Chairman called for discussion from the members of the Planning Commission. No further discussion followed. Paul Montoya stated aviation safety is of prime concern, but if they don't get FAA approval they do not get to build the tower. He presented a proposed design of shuttered strobe lights they intend to use provided they are granted FAA approval. These will direct the light into the air instead of onto the ground. Also, if a tower were to collapse, it collapses within forty to fifty percent of its height if there is a fault in a guy wire or a structural members. Ice would only be a problem to their own building. The site, tower, and building will be aesthetically pleasing. The Chairman asked the audience if they were willing to be present again to give testimony or if they would prefer staying late and giving testimony today. The audience preferred coming back at a later date. Betty Gettison, Weld County Road 19, wished to express opposition to theis request at this meeting. Ed Swanburg, area property owner, reported he had contacted an engineer from Public Service Company and the engineer was concerned about their shortwave communications system between Fort St. Vrain Power Plant and their main plant in Denver. The Chairman stated there is a problem with continuation of this request until April 7, 1987. There are already seven cases on the agenda for that day and one member of the Planning Commission, present today, will be unable to attend on the 7th. Therefore, the Planning Commission could have a problem obtaining a quorum of members who have heard previous testimony. MOTION: Paulette Weaver moved that since the members in the audience who wish to give testimony do not object to returning for a later meeting that Case Number USR-776:86:57 for Suckla Farms, Inc. , for a Use by Special Review permit for a radio transmission tower be continued until the regularly scheduled meeting of the Planning Commission on April 21, 1987, at 1:30 p.m. Motion seconded by LeAnn Reid. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. Summary of the Weld County Planning Commission Meeting March 17, 1987 Page 10 The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Lynn Brown - yes; Ivan Gosnell - yes; LeAnn Reid - yes; Louis Rademacher - yes; Paulette Weaver - yes; Jack Holman - yes. Motion carried unanimously. The Chairman announced that at this meeting only the opposition will be allowed to give testimony, and then Surrey Broadcasting will be given a chance to reply. The meeting was adjourned at 5:25 p.m. Respectfully submitted, ZoL.N goaA Bobbie Good Secretary SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING February 17, 1987 A regular meeting of the Weld County Planning Commission was held on February 17, 1987, in the County Commissioners' Hearing Room, Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the Chairman, Jack Holman at 1:40 p.m. Tape 268 - Side 2 ROLL CALL Lydia Dunbar Present Ivan Gosnell Present LeAnn Reid Present Louis Rademacher Present Lynn Brown Present Paulette Weaver Present Ann Garrison Present Jack Holman Present Also present: Keith Schuett, Current Planner, Lee Morrison, Assistant County Attorney, and Bobbie Good, Secretary. A quorum was present. The summary of the last regular meeting of the Weld County Planning Commission held on February 3, 1987, was approved as distributed. CASE NUMBER: Amended USR-386:86:58 APPLICANT: Coors Energy Company REQUEST: Amend a Use by Special Review permit (surface coal mining and ash disposal) . LEGAL DESCRIPTION: Part of Section 25, 26, and 35, all in T3N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 4 miles north of Keenesburg on Weld County Road 59. The Chairman asked Keith Schuett to read the recommendation of the Department of Planning Services into the record. The staff's recommendation is for continuance until March 17, 1987, to allow the State Health Department time to complete its review. The Chairman asked if anyone objected to this request being continued. There were no objections. MOITON: Lydia Dunbar moved Case Number Amended USR-717:85:58 for Coors Energy Company for an amended Use by Special Review permit for surface coal mining and ash disposal be continued to the regular meeting of the Planning Commission on March 17, 1987, at 1:30 p.m. Motion seconded by Louis Rademacher. M a Summary of the Weld County Planning Commission Meeting February 17, 1987 Page 2 The Chairman called for discussion from the members of the Planning Commission. There was no further discussion. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. Tape 269 - Side 1 The Chairman announced the staff is recommending continuance of cases Z-432:87:1 for Cecil E. King and USR-777:87:1 for Jack Dinis. Therefore, these will be taken out of sequence from the agenda. CASE NUMBER: Z-432:87:1 APPLICANT: Cecil E. King REQUEST: Change of Zone from A (Agricultural) to P.U.D. (Planned Unit Development) R-I (Low Density Residential) . LEGAL DESCRIPTION: Part of the SEi SE} of Section 9, TIN, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 10 and west of Weld County Road 31. APPEARANCE: Tim Callahan, Hawk, Consulting, Inc. , represented Cecil E. King. He stated he had forgotten to post the sign at the required time. The Chairman asked Keith Schuett to read the recommendations of the Department of Planning Services staff into the record. The staff's recommendation is to continue this request until March 3, 1987, to allow the sign posting requirement, as identified in Section 28.5 of the Weld County Zoning Ordinance, to be met. The Chairman asked if there was anyone in the audience who was here to hear this request. There was no one. MOTION: Louis Rademacher moved Case Number Z-432:87:1 for Cecil E. King for a Change of Zone from A (Agricultural) to P.U.D. (Planned Unit Development) R-1 (Low Density Residential) be continued until March 3, 1987, at 1:30 p.m. to allow the sign posting requirements to be met. Motion seconded by Lynn Brown. The Chairman called for discussion from the members of the Planning Commission. There was no further discussion. • Summary of the Weld County Planning Commission Meeting February 17, 1987 Page 3 CASE NUMBER: USR-777:87:1 APPLICANT: Jack Dinis REQUEST: Use by Special Review permit for an 800 head dairy operation LEGAL DESCRIPTION: Part of the SEi of Section 16, T4N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: North of State Highway 392 and west of Weld County Road 55. The Chairman asked Keith Schuett to read the recommendation of the Department of Planning Services staff into the record. The staff is recommending continuance of this request until March 17, 1987, to enable the applicant time to submit the requested information. APPEARANCE: Neither the applicant nor the applicant's agent was present. The Chairman asked if continuance of this request would cause hardship to anyone in the audience. There was no response. MOTION: Lynn Brown moved Case Number USR-777:87:1 for Jack Dinis for a Use by Special Review permit for an 800 head dairy operation be continued until March 17, 1987, at 1:30 p.m. to allow the applicant time to submit required information to the referral agencies. Motion seconded by Lydia Dunbar. The Chairman called for discussion from the members of the Planning Commission. No further discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision.- Louis Rademacher - yes; LeAnn Reid - yes; Ivan Gosnell - yes; Lynn Brown - yes; Lydia Dunbar - yes; Paulette Weaver - yes; Ann Garrison - yes; Jack Holman - yes. Motion carried unanimously. CASE NLTIBER: Amended USR-717:85:64 APPLICANT: Sunshine Valley Petroleum Corporation REQUEST: Amend a Use by Special Review permit to change Development Standards 2 a. , 2 b. , 5, 8, 9, and 11. LEGAL DESCRIPTION: NEi, Ei NW , Wi SEi of Section 33, T6N, and Ni NWi of Section 4, T5N, all in R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately .25 miles north of the City of Greeley on Balsam Avenue. Summary of the Weld County Planning Commission Meeting February 17, 1987 Page 4 APPEARANCE: Mike Morgan, Sunshine Valley Petroleum, represented the applicant. This area is northwest of Greeley. It is agricultural, but is zone R-1 (low density residential) . It is used for agricultural production and oil and gas production. Energy Minerals obtained a Use by Special Review permit for this area. To date, there are no tanks batteries or equipment set on these properties because first they wanted to get permission to change some of the Development Standards. 1. The surface owners, who are farmers, do not want the required fencing around the tank batteries because fencing consumes too much prime agricultural land. If, in the future, residences came within five hundred feet of any tank battery facility, they must put up fences according to the State Oil and Gas Commission. 2. Instead of setting the tank batteries three hundred feet back from the property lines as defined in Development Standard #9, Sunshine Valley would like to set these closer to the road and not fence them. Again the surface owners are against having the tank batteries in the middle of their fields as they want to farm as much of their land as possible. 3. Development Standard #8 would be expensive to meet. This is agricultural and not residential land. If, and when, this area becomes residential they will muffle the engines. They must comply with State noise levels at any rate. 4. Development Standard #2a requiring that tank battery clusters be bermed. This is defined in the State Oil and Gas Commission's Guidelines. 5. Development Standard 415 requiring a metal sign to be placed on the property indicating the name and telephone number of the person(s) to contact in the event of an emergency. They will comply with this, but it is also a requirement of the State Oil and Gas Commission. 6. They feel Development Standard ##11 requiring bonding is unfair. The County does not require bonding on any wells in the County, but because these are in an R-1 zone they are being asked to post bonding which is quiet expense. The State Oil and Gas Commission only requires a bond until the well is in production. They do not object to the bonding up to the production stage. They feel they should not have different levels of enforcement for the same standards. Summary of the Weld County Planning Commission Meeting February 17, 1987 Page 5 Lee Morrison explained the County is just trying to solve problems upfront with the guidelines setforth in the Development Standards. He also asked the representatives of Sunshine Valley---If there were a hearing for revocation, would the applicant consider this a County or a State Oil and Gas Commission problem if the Development Standards were relaxed. The applicant felt Development Standard #13 which states the drilling and production of any well shall comply with the Colorado Oil and Gas Conservation Commission regulations pertaining to oil and gas drilling rules adequately covered these requirements and therefore, the County would have a right to enforce them. Tape 269 - Side 2 William Crews, Attorney, Sunshine Valley Petroleum Corporation, reported the nearest residence, other than the farm homes on these properties, is about one mile away. Also, in response to the bonding requirement. At one time the oil and gas people could obtain bonding, but now it is no longer available. To come up with the required bonding they now take out a certificate of deposit with the County as a co-signer. The Chairman called for discussion from the audience. Dennis Hosiko, property owner, reported he supports what Mr. Morgan has said. They can farm their land much better if the tank batteries are closer to the road and are not fenced. Also, he is a member of the Front Range Mineral Owners Association and a $5,000.00 bond is required by the State Oil and Gas Commission if there if no signed surface owner agreement on file. William Crews reported within the Use by Special Review there are no bonds in effect with the State Oil and Gas Commission because they have leases with all the property owners. Don Hungenberg, property owner, this property was zoned Estate in 1961. Since that time there has been no new single new residence built in the area. The Chairman asked Keith -,Schuett to read the recommendations, conditions, and Development Standards, as outlined by the Department of Planning Services' staff into the record. The staff is recommending Development Standards 8 and 9 be approved and 2a, 2b, 5, and 11 be denied with all other Development Standards remaining unchanged. MOTION: Paulette Weaver moved Development Standards #8 and 9 of Case Number Amended USR-717:85:64 for Sunshine Valley Petroleum be approved based on the recommendation of the Department of Planning Services staff and the testimony heard by the members of the Planning Commission. Motion seconded by Lynn Brown. Summary of the Weld County Planning Commission Meeting February 17, 1987 Page 6 The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. MOTION: Ann Garrison moved Development Standard 2a in Case Number Amended USR-717:85:64 for Sunshine Valley Petroleum corporation remain as it is currently written and the request of the applicant be denied based upon the recommendation of the Department of Planning Services staff and the testimony heard by the members of the Planning Commission. Motion seconded by Paulette Weaver. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. MOTION: Paulette Weaver moved Development Standard 2b in Case Number Amended USR-717:85:64 for Sunshine Valley Petroleum Corporation be amended to read as follows: 2. b. In the event that a residential subdivision development should occur within one thousand (1,000) feet of a well, the applicant shall be required to install a six (6) foot high chain link fence with a three (3) strand barbed wire top to enclose that individual tank battery cluster. Motion seconded by Lynn Brown. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. Tape 270 - Side 1 _ 1 � Summary of the Weld County Planning Commission Meeting February 17, 1987 Page 7 MOTION: Paulette Weaver moved Development Standard 5 of Case Number Amended USR-85:64 for Sunshine Valley Petroleum Corporation for a an amended Use by Special Review permit remain unchanged from the original recommendation based upon the recommendation of the Department of Planning Services staff and the testimony heard by the members of the Planning Commission. Motion seconded by Ann Garrison. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. MOTION: Ann Garrison moved the Planning Commission recommend that Development Standard 11 as proposed by the applicants be denied and that the Development Standard be amended to read as follows. Because with the economics of our economy a $5,000.00 bond per well for the lifetime of the well, which could be twenty years or more, is unreasonable. 11. The applicant shall obtain a performance bond, irrevocable letter of credit, certificate or other security satisfactory to the Board of County Commissioners of $5,000.00 for each well until it is capable of production, and then a $5,000.00 dollar bond be held on the entire area. In event of default, it would be made payable to the Weld County Board of Commissioners for the purpose of bringing the wells into compliance. When the wells are capped in accordance with State regulations the remaining $5,000.00 shall be refunded to the applicant.' Motion seconded by Louis Rademacher. Keith Schuett stated the intent of the staff is that the applicants meet the intent of the Use by Special Review and bond should be left in place to be sure all County requirements are met. The Chairman called for discussion by the members of the Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. Mike Morgan asked that all Development Standards pertaining to the rules of the Oil and Gas Commission be moved under Development Standard 13. Summary of the Weld County Planning Commission Meeting February 17, 1987 Page 8 Keith Schuett stated each individual Development Standard is a requirement by the County and we do not want to loose enforcement control if these requirements are not met. The Chairman asked Lee Morrison if the recommendations, conditions, and Development Standards needed to be acted on as a whole. Lee Morrison explained this was not necessary since individual action was taken on each of the applicant's requests. APPLICANT: St. Vrain Sanitation District REQUEST: Site Application for a lift Station LEGAL DESCRIPTION: SEi of Section 4, T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: North of State Highway 119 west of Weld County Road 7 Keith Schuett reported the Planning Commission will make a recommendation to the State Health Department on this request. The Board of County Commissioners will also make a recommendation to the State Health Department, but their recommendation will be independent from the Planning Commissions. APPEARANCE: LaVerne Nelson, P.E. , Nelson Engineers, represented the applicant. This request is for a pumping station and interceptor line along Highway 119, approximately one mile west of I-25. There will be two pumps which switch on and off according to the water level and a diesel generator in case of power failure. This is a twenty-four inch sewer line and part of the collector system for the St. Vrain Sanitation System. The Colorado Department of Health is now reviewing the original application, but this request is just part of the total system. There will be no ponds, etc. , in this area and the lift station will barely be visible from the highway. The Chairman called for discussion from the members of the audience. There was none. The Chairman asked Keith Schuett to read the recommendation of the Department of Planning Services into the record. MOTION: Ann Garrison moved the Planning Commission recommend approval to the State Health Department for the Saint Vrain Sanitation District Site Application for a lift station and interceptor line, and that the Chairman be instructed to sign the application reflecting the wishes of the Planning Commission. Motion seconded by Lydia Dunbar. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. Summary of the Weld County Planning Commission Meeting February 17, 1987 Page 9 The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Louis Rademacher - yes; LeAnn Reid - yes; Ivan Gosnell - yes; Lynn Brown - yes; Lydia Dunbar - yes; Paulette Weaver - No. The interceptor line obviously is necessary. The pumping station serves an area that has little or no development at the edge of a development area. The pumping station will encourage growth not contiguous to a growth center which was part of our Comprehensive Plan and part of the proposal presented by Saint Vrain Sanitation District and the people promoting the 1-25 Development Corridor when they said development would grow outward from the center. The pumping station will promote growth directly contrary to that concept. Ann Garrison - yes; Jack Holman - yes. Motion carried with seven voting for the motion and one voting against the motion. The meeting was adjourned at 3:50 p.m. Respectfully submitted, L:LA: o m 04. Bobbie Good Secretary LAND-USE APPLICATION SUMMARY SHEET Date: February 10, 1987 CASE NUMBER: Amended SUP-386:86:58 NAME: Coors' Energy Company ADDRESS: P.O. Box 359, Keenesburg, CO 80643 REQUEST: Surface mining and ash disposal LEGAL DESCRIPTION: Part of Section 25, 26, and 36 all in T3N, R64W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 4 miles north of Keenesburg on Weld County Road 59 SIZE OF PARCEL: 233 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this request is listed in Section 24.3 of the Weld county Zoning Ordinance. The Department of Planning Services staff has received specific recommendations from the following: - Weld County Engineering Department - Weld County Health Department Copies of these referral responses are included in this land-use summary. The Department of Planning Services staff has not received a referral response from the Colorado Department of Health. The State Health department's review of this request is important and should be reviewed by the staff before the request is heard by the Planning Commission. J % Date: March 17, 1987 NAME: Coors Energy Company ADDRESS: P.O. Box 859, Keenesburg, CO 80643 REQUEST: Certificate of Designation. LEGAL DESCRIPTION: Part of Sections 25, 26, and 36, all in T3N, R64W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 4 miles north of Keenesburg on Weld County Road 59 THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The conditions for approval will minimize the impacts on the surrounding property and the area to the greatest extent possible. The conditions for approval will also provide adequate protection of the health, safety, and welfare of the inhabitants of the area and the County. 2. The solid waste disposal site and facility will provide convenience and accessibility to the user, Coors Energy Corporation. 3. The applicant has demonstrated in the application materials that there is a need for this solid waste disposal facility. 4. The applicant has the ability to comply with the health standards and operating procedures for a Solid Waste Disposal Site and Facilities Act, Title 30-20, Part 1, CRS 1973. 5. The Colorado Department of Health and the Weld County Health Department have reviewed this request and find, subject to conditions, that the proposal will comply with the standards of the Solid Waste and Disposal Site, and Facilities Act, Title 30-20, Part 1, CRS 1973. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. Annual fly ash and bottom ash analysis which must include but not be limited to extractant procedure toxicity, shall be submitted to the Hazardous Materials and Waste Management Division of the Colorado Department of Health. In addition, if at any time a boiler or source of coal is changed at the Golden Plant, extractant procedure toxicity analysis of the fly ash and the bottom ash must be submitted to the Hazardous Materials and Waste Management Division of the Colorado Department of Health. A) A Coors Energy Company March 17, 1987 Page 2 2. Due to the potential impact of the site sumps and sediment ponds on the ash disposal areas and vice versa, the sump and sediment ponds shall be maintained at a distance of 500 feet from the boundaries of the ash disposal areas. 3. Covering of the ash wastes shall occur on a regular and frequent basis. Covering of ash wastes with a minimum of six inches of cover material shall occur every 48 hour period. 4. The working face or exposed area of ash at any one time shall not exceed 60 feet across. 5. A minimum of two additional groundwater monitoring wells shall be constructed and located downgradient (northeast) of the main ash disposal area of B-pit, which will monitor the overburden groundwater. The wells shall be constructed in accordance with the Water Well and Pump Installation Contractors Act and the location of the wells shall be proposed to the Hazardous Materials and Waste Management Division of the Colorado Department of Health and approved. Sampling of the wells shall occur on a quarterly basis for the same parameters as required by the Mined Land Reclamation Division for the 1986, monitoring program. Additional, all quarterly groundwater monitoring data shall be submitted to the Hazardous Materials and Waste Management Division of the Colorado Department of Health. 6. Annual records shall be submitted to the Hazardous Materials and Waste Management Division of the Colorado Department of Health which depict the current status of all ash disposal areas as locations advance. 7. Reclamation (grading, final cover, revegetation) of ash disposal areas shall commence immediately upon final filling of an area. 8. The property shall be maintained in compliance with all requirements of the Mined Land Reclamation Division, the 23 Development Standards for Amended SUP-386:86:58 and the requirements of the State Health Department. 9. All applicable permits of the Air Pollution Control Division shall be obtained prior to the construction and/or operation of any activities for which they are required. e00114 ENERGY COMPANY Mg P.O BOX 467 GOLDEN, COLORADO 80402 March 20, 1987 Mr. Keith Schuett Current Planner Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80631 Dear Mr. Schuett: As you probably were aware at the Planning Commission Meeting on March 17, 1987, Coor's representatives were concerned about the need to place 2" more of asphalt on Weld County Road 59 as condition for approval of Amended SUP-386:86:58. Since then we have had conversations with Mr. Drew Scheltinga, County Engineer. The following pertains to our conclusions and what might be acceptable to the Planning and County Commissioners. The original specifications for improvement of County Road 59 were based on 50 truckloads per day. We have never exceeded an annual average of 39 truckloads per day and are now at 6 - 9 truckloads per day and expect this load pattern to continue for three years. We trust that engineering calculations at this greatly reduced load rate would indicate that 4" of good asphalt would meet the requirements. Mr. Scheltinga expressed concern about maintenance and ravelling of County Road 59. Mr. Scheltinga feels that the road needs chip-sealing but the County may not be able to do this before 1988 and would prefer that we wait until then to do the patching. We will agree to this provided that after the chip-sealing maintenance becomes a County responsibility. As voiced by Mr. Campbell at the hearing we have some other minor technical problems where we are receiving contradictory or differing requests from MLRD and Department of Health. We feel these can be worked out between those parties and will keep you apprised of the outcome. Vg- r ly Yours, En G. Althouse MAR 2 01987 viola go. PiaIiiiirQ aasgrss,a,, I (,‘,0111- ° /t e) /tap CO U1;17 CliagagRs 151)117 MAR 1 81987 1111 ENERGY COMPANY P.O.BOX 467 GOLDEN, COLORADO 80401 March 16, 1987 *** This document was filmed with 3/23/87 Reports & Communications Weld Co. Commissioners 915 10th St. Greeley, CO. 80631 Dear Sirs: Coors Energy Co. at its Keenesburg Mine - seven (7) miles north of Keenesburg, is approaching The Colorado Mined Land Reclamation Division (CMLRD) for a partial release of the reclamation bond covering the permit area at this mine. Under the terms of the permit and Surface Mine Law, this can only be done after the disturbed land has been returned to its Approximate Original Contour (AOC) and has been revegetated to provide as good or better grazing land as before mining. Approximately 111 acres has been brought to AOC of which 60 is revegetated. State law allows up to 60% of the bonding dollars/acre to be released for backfilling and grading to AOC and another 25% for reestablishing vegetation. The final 15: will not be released for ten years during which time there will be no further disturbance to these acres from which 85% of the bond may be released. If you should have any concerns about this procedure, CMLRD will arrange a public hearing or an informal conference so your comments and/or concerns, if any, should be directed to the CMLRD at Room 423, 1313 Sherman St. , Denver, CO. 80203, within 30 days of the fourth (4) consecutive publication of the notice in The New News. Very truly yours, ohn G. Althouse Mine Engineer Keenesburg Mine JA/J1 < f �.." [del mTC1 0 1 ceo-oi4 ENERGY COMPANY PO BOX 467 GOLDEN, COLORADO 80401 January 13, 1987 Mr. Keith Schuett Zoning Inspector Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Certificate of Designation, Coors Energy Company Ash Disposal Facility Dear Mr. Schuett: Please find enclosed two updated copies of the Plot Map, a copy of c. t1 i n}+ ' ni ro(' r�i ved frr�ln us in her-.umber, T wc"ild appr`3ci?}^ _+- serf much if these two maps could be distributed to the Clerk of the Board and to Wes Potter respectively so they have the updated Plot Map during their review. Thank you for your letter of January 5, 1987. Larry Campbell has forwarded the letter to me, and I will be contacting you shortly for arrangements to obtain a sign from your office no later than February 6, 1987. We appreciate your time and consideration. If you require additional information or if you have any questions, please do not hesitate to contact either Larry Campbell, John Althouse or myself at 659-8520. Respectfully, Robert E. Trousil, Jr. Engineer Keenesburg Mine RT/j1 ® XT JAN 141987 , i t- Date: February 17, 1987 CASE NUMBER: Amended SUP-386:86:58 NAME: Coors' Energy Company ADDRESS: P.O. Box 359, Keenesburg, CO 80643 REQUEST: Surface mining and ash disposal LEGAL DESCRIPTION: Part of Section 25, 26, and 36 all in T3N, R64W of the 6th P.M., Weld County, Colorado LOCATION: Approximately 4 miles north of Keenesburg on Weld County Road 59 THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE CONTINUED TO MARCH 17, 1987. In a letter dated February 9, 1987, the State Health Department stated that their review of this land-use application was not complete. The continuance will allow adequate time for the State Health Department to complete its review. STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH 4210 East 11th Avenue e� 90 Denver, Colorado 80220 Ih Phone (303) 320-8333 * W*1 *t!876"* Roy Romer Governor Thomas M Vernon, M.D Executive Director February 9, 1987 Keith Schuette Weld County Planning Department 915-10th Street Greeley, Colorado 80631 Dear Mr. Schuette: This letter is to inform the Weld County Planning Department that Colorado Department of Health review is not complete on the Coors Energy Keenesburg Mine fly ash disposal application. Comments on the application should be available by February 20, 1987. I will continue to keep you informed of the status of our reveiw. Please contact me if you have any questions at 331-4857. Sincerely, /t6611- /- Maggie Bierbaum Geologist Hazardous Materials and Waste Management Division MB:clb/0892K cc: Jerry Diemen, Weld County Health Department FEB 131987 11 Weld Co. Planning Cnnunissioa DEPART'ENT OF PLANNING SERVICES 0 .---- -.........a • • t' PHONE(303)356-4000 EXT.4400 • 915 10th STREET �l: 4104 GREELEY,COLORADO 80631 i V. L. �t v µ .e, ci. COLORADO January 5, 1987 Coor's Energy Company c/o Larry Campbell P.O. Box 359 Keenesburg, CO 80643 Re: Amend SUP-386:86:58 - Request for an amendment to a Special Use Permit and a certificate of designation for a surface mining and ash disposal facility on a parcel of land described part of Section 24, 26, and 36 and in T3N, R64W of the 6th P.M., Weld County, Colorado. Dear Mr. Campbell: Your application and related materials for the request described. above are " complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission on Tuesday, February 17, 1987, 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 members 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 or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Keenesburg Planning Commission for its review and comments. Please call Ron Linnebur at 732-4374 for further details regarding the date, time and place of this meeting. It is recommended that you and/or a representative be in attendance at the Keenesburg Planning Commission Meeting to answer any questions the Commission members may have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least ten (10) days preceding the hearing date. Sometime prior to February 6, 1987, you or a representative should call me to obtain a sign to be posted on the site no later than February 7, 1987. Coor's Energy Company January 5, 1987 Page 2 The Department of Planning Services staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of an applicant to call the Department of Planning Services office a few days before the date of the Planning Commission hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, e th A. Schuett Current Planner KAS:rjg FIELD CHECK FILING NUMBER: Amend SUP-386:86:58 DATE OF INSPECTION: -,2 3-Ai l NAME: Coor's Energy Company REQUEST: Amend SUP-386 for surface mining and ash disposal and certificate of designation LEGAL DESCRIPTION: Part of Sections 25, 26, and 36 all in T3N, R64W of the 6th P.M. LAND USE: N —1:11-1(1, 1_) 6 S icif:/MiLL ZONING: N LOCATION: Approximately 2 miles north of E Keenesburg on Weld County Road 59 S W COMMENTS: Jae64-1"t;.3b U alt dm,1 c at. D � s BY: 47/..e,,A_.,ciex, JAN 2 31987 Weld Co. Planing gordoisslou FIELD CHECK FILING NUMBER: Amend SUP-386:86:58 DATE OF INSPECTION: January 22, 1987 NAME: Coor's Energy Company REQUEST: Amendment to a Use by Special Review permit for surface mining and ash disposal facility LEGAL DESCRIPTION: Part of Sections 25, 26, and 36 all in T3N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles north of Keenesburg on Weld County Road 59 LAND USE: N Natural vegetation, oil and gas production E Natural vegetation, oil and gas production S Natural vegetation, oil and gas production W Natural vegetation, oil and gas production ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Weld County Road 59 curves around the property on the east and south sides. The terrain is basically flat. nell Swanson Current Planner NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, 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, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Certificate of Designation and amendment of the Use by Special Review are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the texts and maps so certified by the Weld County Planning Commission may be 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. APPLICANT DOCKET NO. 87-14 Coors Energy Company P.O. Box 359 Keenesburg, Colorado 80643 DATE: April 15, 1987 TIME: 2:00 P.M. REQUESTS: Amend Use by Special Review (surface coal mining and ash disposal) and Certificate of Designation LEGAL DESCRIPTION: Part of Sections 25, 26, and 36, all in Township- 3 North, Range 64 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 4 miles north of Keenesburg on Weld County Road 59 _ BOARD OF COUNTY COMMISSIONERS D V E WELD COUNTY, COLORADO MAR 27 1987 BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD weld Co. Pinata Comissinu BY: Mary Reiff, Deputy DATED: March 25, 1987 PUBLISHED: April 2, 1987, in the Johnstown Breeze PLANNING COMMISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST TEN (10) DAYS PRECEDING THE PLANNING COMMISSION HEARING FOR CASE /l /5/'3%.� )i 5 THE SIGN WAS POSTED BY: Coors Energy Company Robert Trousil NAME OF PERSON POSTING SIGN S GNATURE OF APPLICANT STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS 9 DAY OF 1917. SEAL1.-61 .4712 „_-4;fff,..„a,/ OTARY PUBLIC e d MY COMMISSION EXPIRES -I LAST DAY TO POST SIGN IS: �� /G� 19f7 '1zcE yr MAR 1 31987 Weld Co. Mani* BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST TEN (10) DAYS PRECEDING THE BOARD OF COUNTY COMMISSIONER'S HEARING FOR CASE # °�5� 38 °�� ° THE SIGN WAS POSTED BY: Coors Energy Company Robert Trousil NAME OF PERSON POSTING SIGN e SIG ATURE OF APPLICANT STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS 9 DAY OF 19/7. SEAL OTARY PUBLIC C) MY COMMISSION EXPIRES LAST DAY TO POST SIGN IS: 4..2.-1--/LI 1917 C6"- MAR 1. 31987 Weld Co. Rlnnning Colada NOTICE AFFIDAVIT OF PUBLICATION Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, THE JOHNSTOWN BREEZE a public hearing will he held in the Cnambers of the Board of STATE OP COLORADO ) County Commissioners of Weld ) SS County, Colorado, Weld County Centennial Center 915 10th COUNTY O1.' WELD ) Street First Floor,Greeley Co'o rado at the time specified All I, Clyde Briggs, do solemnly swear that I persons in any manner mteresteo am publisher of The JohnstownBreeze; • in the Certificate of De.ignat,on and amendment of the Use by that the same is a weekly newspaper Special Review are requested to printed, in whole or inpart, and published attend and may be heard Should the applicant or any in the County of Weld, State of Colorado, interested party desire the and has a general circulation therein; that presence of a court reporter to said newspaper has been published make a record of the proceed- ings in addition to the taped continuously and uninterruptedly in said record which will be kept during Count of Weld for a period of more than the hearing, the Clerk to the y Board's Office can be contacted fifty-two consecutive weeks prior to the for a list of certified court reporters in the area If a court first publication of the annexed legal notice reporter is obtained,the Clerk to or advertisem ent; that said newspaper has the bOarO s ()nice snail oe advised in writing of such action been admitted to the United States mails as at least five days prior to the hearing The cost of engaging a second-class matter under the provisions of court reporter shall be borne by the Act of March 3, 1879, orF1111' the requesting party amendments thereof, and that said* BE IT ALSO KNOWN that the texts and maps so certified by newspaper is a weekly newspaper duly the Weld County Planning Com- Uallfled for publishing legal notices and mission may be examined in the 4 office of the Clerk to the Board of advertisements within the meaning of the. County Commissioners, located in the Weld County Centennial laws of the State of Colorado. . Center, 915 10th Street, Third Floor, Greeley, Colorado That the annexed legal notice or advertise- ment was published in the regular and DOCKET NO 87-14 entire issue of every number of said weekly APPLICANT Coors Energy Company newspaper for the period of consecu- PO Box 359 five insertions; and that the first Keenesburg, Colorado 80643 publication of said notice was in the issue 0, DATE April 15, 1987 said newspaper data! .M.—.2 , A.D. 14.< TIME 200 PM and that the last publication of said notice was in the issue of said newspaper dated REQUESTS Amend Use by A.D. 19 Special Review (surface coal , mining and ash disposal) and In witness whereof I have hereunto set Certificate of Designation LEGAL DESCRIPTION Part of my hand this .../. day of7 , Sections 25, 26 and 36, all in A.D. 19.67 Township 3 North, Range 64 West of the 6th PM., Wvold County, Colorado LOCATION. Approximately 4 Publisher miles north of Keenesburg on Weld County Road 59 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, Subscribed and sworn to before me, a COLORADO Notary ,Public in and for the County of BY MARY ANN Weld, State of Colora }his .,/ .. day of FEUERSTEIN COUNTY CLERK AND f;; .. A.D. 19.foro,�1.• RECORDER AND CLERK TO THE BOARD � _ BY Mary Reiff, Deputy //i ��I -��o-� DATED* March 25, 1987 � Notary Public PUBLISHED.April 2,1987.in the Johnstown Breeze • My commission expires t� gv •• M'j Comr^isslol F- vi'Os Juno ►• • ;1 Kcuth Parish A.,orua °ot nstown, CO 80534' . 370274 ST'AT'E OF ('t)LORAI0) I (X)UN'I'V or WELD I � / _w' ,. ,t,' : . ',. t. v., being dilly S%%ut•r, say. that 1, -Ito i, pub- hither of tie„KEENE VA1.Lt:Y SUN, __ a weekly newspaper publehed nod — in inted in Kt the- ,nre ,it �.,id Count' NOTICE Board of County Commissioners,located nod St. tt , that said :e i apt r Ito a eeneial circulation in said County Pursuant to the toning laws of the in the Weld County Centennial Center, and has been co'itmuou-ty and u" State of Colorado and the Weld County 915 1('th Street, Third Floor, Greeley, interrupt,dlv pulilish€d tin rem, dui mg a Jul ti of at hut fifty-tw 4, /oiling Ordinance, a public, healing will Colorado eoustcutl\e rate':, prie' to the fir,1 tx held in the Chambers ci the Board of DOCKET NO.87-14 APPLICANT publication of the ann.(ltd notice, County Commissioners of Weld County, Coors Energy Company that said newspaper I. ;, newspaper 1 Y within the meaning of the act of thr Colorado, Weld County Centennial P O.Box 359 General A.-En.bly of the State of Center, 915 10th Street. First Floor, Keencsburg Colorado ,0643 Colorado, entitled "An Act to regu- late the printin_ (if km, l notices andGreeley, Colorado,at the time specified DATE: April 15, 1987 adverti,cn, •i t-.." and anandnie•ut s All persot s in any manner interested in TIME 2 (X)p.m thereto; that the notice of which the tic, Certificate of Designation and RLQUESI S: Amend Use by Special annexed i,a printed copy taken from said newspaper, was published in said amendment of the Use by Special Review (surface coal mining and ash newspaper, and in the rc_ular and Review are icquested to attend and may disposal)and Certificate of Designation entire issue of every number thereof, he heard. LEGAL DESCRIPTION. Part of once a week for ,_. successive Should the applicant or any interested Sections 2s. 26, and 36,all in Towwnship weeks; that said notice was so pith- party desire the presence of a court 3 Noith, Range 64 West of the Pith fished in said newspaper proper and reporter to make a record of the P.M.,Weld Count Colorado not in any supplement thereof, and Y+ that the first publication of said no-t, proceedings, in addition to the taped LOCATION: Approximately 4 miles 7 rt a record which will be kept during the north of Keenesburg on Weld County Hoe as aforesaid, was on the hearing, the Clerk to the Board's Office Road 59 r';° - rya.-- can be contacted for a list of certified BOARD OF day of .-i ' , 19-.-- , court reporters in the area. If a court COUNTY COMMISSIONERS reporter is obtained, the Clerk to the WFLD COUNTY,COLORADO and the last on the __ day of Boaru s Office shall be advised in writing 19 i, , of such action at least five days prior to BY: MARY ANN FEUERS FEIN ``i ; c ; // r the hearing. The cost of engaging a COUNTY CLERK l.�_'C 1- ;,'',1 /1 L - court reporter shall be borne by the AND RECORDER requesting party. AND CLERK TO THE BOARD BE IT ALSO KNOWN that the texts BY: Mary Reiff,Deputy and maps so certified by the Weld DATED: March 25, 1987 •:uhs'c ila•d and .Mean t K fore vin County Planning Commission may be PUBLISHED: April 2, 1987 in the examined in the office of the Clerk to the Keene`'alley Sun. th �is _ • day of " - ' lI) L. _ 'i' .. awls'_ .,1, r vt - - A;O 870280 DATE: March 25 , 1987 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 15th day of April , 1987 , at 2: 00 P.M. Docket No. 87-14 - Certificate of Designation and amend Use by Special Review (surface coal mining and ash disposal) - Coors Energy Company OFFICE OF THE C ER O THE BOARD BY: Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUN Y, RAD / r - e0,1 870274 'EXHIBIT NOTICE OF BLIC HEARING The Weld County Planning Commission ill conduct a public hearing on T sday,February 17, 1987, at 1 3 pm to review a request for approval of an amendment to a Special Use Permit and a certificate of designation rom Coor's Energy Company th parcel of land is described a part of Section 24, 26, and 36, II in T3N, R64W of AFFIDAVIT OF PUBLICATION the 6th M, Weld County, Colorado, c ntaining 233 acres, • more or le s The property is located ap oximately 2 miles north of K nnesburg on Weld THE JOHNSTOWN BREEZE County Roa 59 STATE OF COLORADO The public h aring to be held by ) SS the Weld C m m y Planning Co - mission for he consideration of COUNTY OF WELD ) the above re erenced request will be conducte in the Weld County I, Clyde Briggs, do solemnly swear that I Commission rs' Hearing Room, am publisher of The Johnstown Breeze; • First Floor, eld County Centen- mal Cente 915 Tenth Street, that the same is a weekly newspaper Greeley, C lorado Comments or printed, in whole or in part, and published objections elated to the above request sh uld be submitted in in the County of Weld, State of Colorado, writing to the Weld County Pl anning f Services, general has a circulation therein; that 915 Tenth Street, Room 342, said newspaper has been published Greeley,Col rado 80631, before the above d to or presented at continuously and uninterruptedly in said the public aring on Tuesday, County of Weld for a period of more than February 17, 1987 fifty-two consecutive weeks prior to the Copies of e application are available for public inspection in first publication of the annexed legal notice the Depart ent of Planning or advertisement; that said newspaper has Services, oom 342, Weld County Cen nnial Center, 915 been admitted to the United States mails as Tenth Street, reeley,Colorado, second-class matter under the provisions of Phone - 3 -4000, Extension 4400 the Act of March 3, 1879, or any Jack Holman Chairman amendments thereof, and that said Weld County Planning newspaper is a weekly newspaper duly Commission To be publis ed the Johns- qualified for publishing legal notices and town Breeze advertisements within the meaning of the. To be published ne (1) time by laws of the State of Colorado. • January 29, 198 That the annexed legal notice or advertise- ment was published in the regular and NOTICE OF P LIC HEARING entire issue of every number of said weekly The Weld ounty Planning newspaper for the period of ./.... consecu- Commission wi conduct a public tive insertions; and that the first hearing on Fe ruary 17, 1987,at 1.30 pm to r view a request for publication of said notice was i t the issue;of approval of Change of Zone Application fr m A (Agricultural) said newspaper dated /."'./ A D. W.f.?, to P.UD (Pla red Unit Develop- and that the last publication of said notice ment) R-1 ( w Density Resi- dential) from ecil W. King the • was in the issue of said newspaper dated parcel of Ian is described as , A.D. 19 part of the S a SE'/4 of Section 9, T1N, R66 of the 6th PM, In witness whereof I have hereunto set Weld County, olorado, contain- ing 372 acres more or less The my hand this . 2-0 day of ...V.-.41:-.1......, property is lo ted approximately A.D. 19.f.4north of Wel County Road 10 and west of eld County Road 31. The public h aring to be held by the Weld Co my Planning Com- mission for e consideration of Publisher the above re renced request will be conducte in the Weld County Commissione s' Hearing Room, ` First Floor, Id County Centen- • nial Center, 15 Tenth Street, i Subscribed and sworn to before me, a Greeley, Cob do. Comments or Notary Public in and for the County of objections rel ted to the above request shoul be submitted in Id, State of Colorador}his ..6!. day of t writing to t e Weld County �i . A.D. 19>�/.. Department of Planning Services, .� 915 Tenth S reet, Room 342, 7 Greeley,Cob do 80631, before the above da or presented at r� "'� /;7//�L �; -C� the public he ring on February �� a 17, 1987. Notary Public Y Copies of th application are available for p blic inspection in n the Departm nt of Planning 7 Services, Ro m 342, Weld r. ''- June 14, 1997 County Cente nial Center, 915 My'commissioii' eR ii'es Tenth Street, eeley,Colorado,- tc_'',1 r. ' . /V.-"''c, Phone 4 35 4000, Extension D AIL _;�F]i�� Icr . . 4400. - 1V ,, Jack Holman, Chairman Weld County banning [il Commission FEB 21987 To be published in the Johns- town Breeze To be published one(1) time by January 30, 1987 Weh Co. PIalfnitll; G931lliiissiol FLOW SHEET CASE # /Kai Sul\\ e e-; cAPPL ANT: 0064E /YE/C l"a///n,T//V - --- REQUEST: e--- F 2/A/A/a 4#D,4sia.c, 8-�/7�, LEGAL: /l � J o� 6 34 t3/I /1 , /�e/ LOCATION: dl /. GC ////tkS ar/ O1 &t:AlSgeele 4/ 6.- ees DATE BY Application Received 42/ /2* „0-S'''-' Application Complete /W , Hearing Date: / 7/ S>7 P/44 /5 Utility Board Hearing Date: AM- PC Sign given to Applicant PC Sign posted By: /‘/ --7., /01-- Letter to Applicant Drafted a/S/A ic1 . Referrals Listed !/.0/ / - Public Notice Drafted 43" /fA'/ - ✓ File Assembled ` --D_ Referrals Mailed Chaindexed Letter to Applicant Mailed l_ .h , Public Notice Sent Out By: c9 - / — , s Prop. & Mineral Owners Notified By: ,2— 1...1-ii, -.'4i6 . Maps Prepared t_(9 _S7 4 Field Check By DPS Staff / l/A V ANN l , Field Check-Board Member: 1, e ANN kei C DPS Recommendation Drafted DPS Recommendation Typed Packets Xeroxed C.T`°ac\, 3 v1-RZ ,a , PC/ Hearing Action: COA/1i lc,c/(13-/7-g7 ,is -$ l ��\_ PC/BOA Resolution 3- tig -81 c`!sc BOA Resolution Sent To Applicant -b-2-'t-t-1 a,1 Meeting Summary or Minutes Filed in Case 3 1.4 -h1 .u',Ic •ao•g s. �,. ,,,Case Sent To Clerk to Board 4 ,:g7 /� CC Sign Given to Applicant e CC Sign Posted By: L07Q/ CC Hearing: 01024j/ Action. /ce7 CC Resolution Received Y,�/ e2a -87 U Plat and/or Resolution Recorded History Card CompletedRecorded on Maps and Filed t J f� i - 7 1 \` �! * ' USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 /7 ' Phone - 356-4000 - Ext. 4400 Case Number 1, - ' (r6 ; se Date Received Application Checked by Mylar plat submitted Application Fee Receipt Number Recording Fee Receipt Number o .=======aaaaa=====.............................. TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: portions Section 25 , 26 & 36 T 3 N, R 64 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: portions Section 25,26,36, 3 N, R 64 W Property Address (if available)p0 Box 359, 13495 Weld Ctv Rd 61 Keenesburg CC PRESENT ZONE Agri. ,Spcl USeMining ZONES None 80643 TOTAL ACREAGE 233 PROPOSED LAND usE Surface Mining and Ash disposal EXISTING LAND USE Surface Mining SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: — — — —' Name: Coors Energy Company. Contact: Larry Campbell, Mine Manager Address: p0 Box 359 City Keenesburg Zip 80643 Home Telephone 1 — — Business Telephone # 659-8520 Name: Address: City Zip Home Telephone # Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Address: City Zip Home Telephone # Business Telephone 1/ List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Coors Energy Company Address: Box 359 City Keenesburg Zip 80643 Name: Address: City Zip I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) t STATE OF COLORADO ) nature: Owner or Au orize Agent Subscribed and sworn to before me this eF day of 4 19(7 .s,.._ ) NOTARY PUBLI ��7t- a-e4-tvt (7, (2,.. . My commission expires My Commission expires May 6, 1989 USE BY SPECIAL REVIEW APPLICATION DOCUMENT Submitted to: Department of Planning Services Weld County, Colorado Submitted by: Coors Energy Company December, 1986 MIMED .4 Part 1 Application form (attached) Part 2 Explanation of Proposed Use and Need for Use Coors Energy Co. , a subsidiary of The Adolph Coors Company, a corporation formed under the laws of the State of Colorado, has a Mining Permit issued by The Mined Land Reclamation Division of The Department of Natural Resources to operate a coal mine known as the Keenesburg Mine in Weld County, approximately six miles north of the Town of Keenesburg, in Sections 25,26,35 and 36 of Township 3 North, Range 64 W, of the Sixth Principal Meridian, State of Colorado. The coal mined (1000 Tons/Day) at this location is trucked to the parent company power plant in Golden, CO. The ash waste (fly ash and bottom ash) generated by this operation is presently slurried from the holding bin on a daily basis, reduced by centrifuging in moisture content to 30% by weight and trucked to the Parfet clay pit in Golden. The quantities are 50 c.y. daily of flyash and 50 c.y. daily mixed bottom ash. The material has a texture resembling sandy clay that is dry enough to be handled by ordinary dump trucks and wet enough to not cause any fugitive dust problems in the municipality. Coors proposes to change the waste disposal site from the present location or to concurrently use the Keenesburg Mine. The mine disposal sites would be located at the ends of the mine strips as shown on the attached area map and would be changed every six months or so, as required reclamation follows the mining operation. In other words, each small disposal site would be used to collect approximately 18,000 cubic yards of this wet flyash/bottom ash mixture after which time the site would be returned to original contour, topsoiled and seeded. The sites would all be above the spoil ground-water table as presently monitored in the reclamation areas and at least four feet below final reclamation elevation. The sites would be in Laramie clays which in their natural state are quite impervious and in most cases would also be covered with clay -2- before the final topsoil is replaced. Leachate tests show that the ash is as good or better than the enclosing clays from a ground-water standpoint, although only downward percolating rainfall is expected to come in contact with the buried ash and that only during the spring runoff or the occasional 1" - 2" storms received in May and June. Coors Energy Company may also haul ash from other industries in the future. At this time, these potential sources are not known, however, should Coors Energy Company acquire such accounts, results r ',i74 leachate and trace element tests as required by Weld County and the Colorado Department of Health will be submitted prior to any disposal of such ash. Existing Uses The type of land uses that exist in the vicinity of the proposed ash disposal area is restricted to rangeland, oil and gas production, and coal mining. Proximity to Residential Structures The closest inhabited structure is located approximately 1.90 miles north of the proposed ash disposal site. The next closest residential structure lies 3 miles south of the ash disposal area. Please refer to vicinity and plot maps at the back of this report. Users The ash disposal operation is to run concurrently with mining activities. Only ash products are to be disposed of, and only ash that meets disposal standards as determined by using the EPA EP Toxicity Test and Trace Metal Analysis. Disposal operations would be under the direct control of Coors Energy Company. Hours of Operation Coal trucks start arriving at 3:00 A.M. and finish loading at 11 :00 P.M. There are 42-48 loads per day. Four of these will be back-hauling ash so the dump area will be open during these hours. These truck drivers load their own trucks so they will be expected to unload their ash loads also. If they need assistance, radio contact is available with the production foreman on each shift. Water Water for personal use is drawn from a Laramie-Foxhills well at a maximum rate of 80 GPM. Another Laramie-Foxhills well is available for dust suppression at 90 GPM. A fire protection well is maintained as well as numerous shallow sumps in various parts of the mine. No needs for water in the ash pits are anticipated. -3- Service Area The site will only serve the Keenesburg Mine and the ash product. There is a hard surface road from Keenesburg to the mine site. From the mine gate to the site there will be a maintained dirt road. Drivers bringing in ash will be directed to the site and monitored by the shift foreman as to proper dumping procedures. Access Routes Access to the Keenesburg Mine Ash Disposal Site will be by existing paved roadway, extending 6.5 miles north from the Town of Keenesburg (Interstate 76) . Concentration of Animals Due to the mining activities, the area is fenced and closed to grazing. The animals are not expected to concentrate on the Use by Special Review area. Type of Waste From test results completed by Hazen Research, Inc. , it was determined that the ash material is not a pollution hazard to the ground-water or surface water system at the disposal facility. Analyses reports and additional comments are presented in Appendix A, Ash Test Results. The ash materials have a texture resembling silty clay that is dry enough to be handled by ordinary dump trucks and wet enough not to cause a fugitive dust problem. Waste Volumes A mixture of 50 c.y. of flyash and 50 c.y. of bottom ash is estimated to be the maximum back haul each day. Storm Water Retention Facilities Because the ash disposal areas are located within the confines of the mine pit, no storm water retention facilities will be directly associated with the proposed use. However, adequate storm water retention facilities and sedimentation ponds are provided for the entire mine as required by the Mined Land Reclamation Division. Nuisance Condition The hole into which present trash is dumped is generally deep enough (20' -40' ) to shield the trash from being blown out of the hole. -4- Maintenance Under the terms of the present permit Coors is required to return all areas of the mine to approximate original contour, topsoiled, seeded and irrigated. Sediment ponds will be maintained until the very end of mining, to control any runoff. No streams of any sort exist on the property. Final reclamation and abandonment should be completed by the end of the seeding season, following the completion of mining. Adequate Cover It is not anticipated that fugitive dust will be a problem with this moist material. However, if it does appear to be a problem, a daily application of at least 6" of sandy clays will be bladed over the exposed ash. There is an unlimited amount of this material in the immediate vicinity. Assuming a delivery of 100 cubic yards/day of ash placed in a five foot deep layer, 10 feet wide and 54 feet long, a 6" cover will require 10X54X.5 = 10 yards of covering material. 27 Intermediate cover is not considered necessary. Final Cover/Reclamation At a minimum Coors is required to replace 3 feet of topsand in all areas including the ash pits. This topsand consists of eolian sands with silt and organic material. There will be no erosion because these pits will be reclaimed to less than a 5% grade. The cover material will come from other parts of the mine or from stockpiles. There is twice as much topsand presently being saved as is required for 3 feet of cover. Assuming each pit will be used for six months or 18,000 cubic yards 25' deep and 120' wide, the length of these pits will be 25X120XL = 18,000 c.y. L = 162' . Therefore topsand 27 requirement will be 3X120X162 = 2, 160 cu. yds. , a minor part 27 (2%) of the total topsand required to reclaim approximately 20 acres every six months. Disposal sites will be no more than 1/2 acre in area. Activities Time Table Each site will be no more than 1/2 acre. Coors estimates 2 sites per year required and a mine life of 7 to 17 years for a total site acreage of 7 to 17 acres. See plot map for disposal site locations. -5- Part 3 Land Use/Comprehensive Plan The proposed ash disposal activity is compatible to the overall coal mining operation currently approved by Weld County Special Use Permit and Mined Land Reclamation Division permit to mine coal # C-81-028. The proposed use is consistent with the Weld County Comprehensive Plan. Agricultural Lands A determination that the Coors Energy Coal Mine is not located on prime farm land, has been made by the Soil Conservation Service (SCS) . See letter dated May 29, 1981, from Jeff Burwell of the SCS, Brighton office (Appendix D) . As all ash disposal activities are to remain within the boundaries of the Keenesburg Coal Mine, productive agricultural land will not be effected. Public Health, Safety and Welfare No known impacts to the health, safety and welfare of the inhabitants of the neighborhood and county exist. Operations at the Keenesburg Mine are subject to all Rules and Regulations of the Colorado Air Pollution Commission and the Colorado Air Pollution Control Act. Other regulatory agencies include the Colorado Department of Health, Mined Land Reclamation Division, Mine Health and Safety Administration and The Office of Surface Mining. Compatibility to Surrounding Lands Existing land uses surrounding the land to be used for ash disposal is predominantly rangeland with some minor oil and gas production. Future Development of Lands The Keenesburg Mine/Ash Disposal area is to be reclaimed as rangeland, the same classification existing prior to mining/ash disposal activity. The mining operation has not nor is it expected to negatively impact the surrounding area's future use as rangeland. It is anticipated that reclamation of disturbed areas will enhance the future use of the land proposed for the disposal of ash and for the land currently being mined. Hazards and Zoning No geologic hazards are present at the Keenesburg Mine ash disposal site. Topography of the dump site will be nearly flat, and due to the highly permeable mantle of sand that surrounds the proposed disposal area, erosion potential is minimal . The Keenesburg Mine has not discharged or received run on within its permit area due to heavy precipitation episodes since the inception of the mine in 1980. -6- Although the materials present at the Keenesburg mine ash disposal site have relatively low strengths associated with them, these materials will not be required to meet engineering criteria regarding slope stability and subsidence. The proposed ash disposal site boundary is located on wind-blown sand deposits. Within the ash disposal site boundary there are no streams of any kind. The permeability of the blow sand is evidently sufficient to prevent overland runoff. There is no evidence of channels or even rills that would be indicative of surface runoff. The absence of any streams or channels within the life-of-mine boundary is taken to mean that no lands within that boundary qualify as alluvial valley floors or flood plains. The proposed area is not shown to to exist in any flood plain zone by the Weld County Planning Department. The proposed ash disposal area is not located within any Weld County Airport overlay district. Water Supply Coors does not anticipate that any water will be used for construction purposes. Fugitive dust, if any, will be controlled by covering the ash with overburden. Coors does have two appropriated Laramie-FoxHills aquifer wells and pit water sumps which could be used if necessary. Water well permits and completion reports are included in Appendix B. Right of Entry Presented in Appendix C are copies of the documents of conveyance granting Adolph Coors Company the right to extract coal by surface mining methods in such instance where the private mineral estate is served from the private surface estate. Also included is a copy of a General Conveyance, Assignment and Transfer document to Coors Energy Company from Adolph Coors Company. Noise The Keenesburg Mine is considerably removed from any town, city or inhabited dwelling that would be affected by adverse noise produced by ash disposal activities. Soils Investigation A Soil and Vegetation Inventory Report is presented in Appendix D. Surface/Subsurface Owners A certified list of the names, addresses and corresponding parcel identification number assigned by the Weld County Assessor are presented in Appendix E. Documents conveying surface and mineral rights to Adolph Coors Company/Coors Energy Company are found in Appendix C. -7- Part 4 Use by Special Review Permit Plan Map Presented in the pocket at the end of this report is the Special Review Permit Map. -8- APPENDIX A ASH TEST RESULTS _ Hazen Research, Inc. 4601 Indiana St • Golden,Colo.80403 HAZEN Tel.(303) 279-4501 • Telex 45.860 November 11, 1986 Mr. Robert E. Trousil Coors Energy Company P.O. Box 359 Keenesburg, Colorado 80643 Re: IIRI Project 005-806 Analysis of Fly Ash from Boiler #4 Dear Mr. Trousil: As a part of your effort to obtain permission to dispose of fly ash from the brewery power plant at the Keenesburg mine, you asked Hazen to analyze a sample of fly ash from Boiler #4. Since it was not known what analyses would be required for in-pit disposal at Keenesburg, I contacted Dennis Hotovek at the Colorado Department of Health and West Potter with the Weld County Health Protection Services. There appear to be no hard and fast requirements regarding specific analyses but, according to these individuals, two types of analyses should be sufficient: the EPA EP Toxicity. Test, and a trace metals analysis. In addition, Mr. Potter indicated that he would like to have a one-pound sample for their own analysis. The EP Toxicity Test results are shown in Table 1. Analyses of the extract for eight toxic metals fall well within the limits set by the EPA for hazardous waste. EPA guidelines for defining a hazardous waste are contained in 40 CFR Part 261 published by the Bureau of National Affairs. A copy of this regulation is attached for reference. The definitions of a hazardous waste and test procedures used by Hazen for determining toxicity are contained in the regulation. It should be noted that fly ash and bottom ash are specifically cited in the regulation as not being hazardous wastes (Part 261.4(b) Exclusions). Trace metals analyses are listed in Table 2. The technique used for the analysis was spark source mass spectroscopy, and the work was completed by WAL, Inc. in Golden, Colorado. Elements listed as major components in the fly ash were detected in concentrations exceeding 1000 ppm (1% by weight), and include the following: —1O— Mr. Robert E. Trousil November 11, 1986 Page 2 Calcium Potassium • Aluminum Iron Silicon Barium Titanium Phosphorus Magnesium Strontium Sodium Although many of the elements listed in the analysis would be hazardous if present in larger quantities and in pure form, the compounds present in the fly ash are not hazardous because they are not leachable under naturally occurring circumstances. This is evidenced by the examples of barium, chromium, lead, selenium, and arsenic, which are listed in the trace element analysis, but were not leached in the toxicity test. If you have questions on the analysis, please contact me. Very truly yours, HAZEN RESEARCH, INC. C-2.. ......7 C. W. Kenney Project Manager CWK:dr Enclosures -11— Hazen Research,Inc. Attachment to Letter-Page 1 Mr. Robert E. Trousil November 11, 1986 Table 1 EPA EP Toxicity Test Results Coors Fly Ash Sample (HRI #33840) EPA Coors Determination, mg/1 Limits Fly Ash Arsenic 5.0 0.154 Barium 100.0 1.03 Cadmium 1.0 0.02 Chromium 5.0 0.03 Lead 5.0 0.27 Mercury 0.2 <0.1 Selenium 1.0 <0.001 Silver 5.0 0.03 • —12— Hazen Research,Inc. 111 Table 2 WAL, Inc.\ t_ 14335 West 44th Ave. (303) 278-2506 Golden, Colorado 80403 TO: R. BOB ROSTAD DATE: OCTOBER 28,1986 HAZEN RESEARCH, INC. WAL NO. : 86322-1 4601 INDIANA ST. ANALYST: C. WILSON GOLDEN, CO 80403 SPARK SOURCE P.O. : 0006 MASS SPECTROGRAPHIC ANALYSIS SAMPLE ID: J84-1 CONCENTRATION IN PPM WEIGHT ELEMENT CONC. ELEMENT CONC. ELEMENT CONC. ELEMENT CONC. Uranium Terbium 0.3 Ruthenium Vanadium 51 Thorium 10 Gadolinium 2 Molybdenum 5 Titanium MC Bismuth 0.3 Europium 0.4 Niobium 12 Scandium 8 Lead 25 Samarium 4 Zirconium 110 Calcium MC Thallium 0.5 Neodymium 15 Yttrium 44 Potassium MC Mercury NR Praseodymium 7 Strontium MC Chlorine 38 Gold Cerium 79 Rubidium 20 Sulfur 340 =�atinum Lanthanum 46 Bromine 4 Phosphorus MC Iridium Barium MC Selenium 17 Silicon MC Osmium Cesium 2 Arsenic 14 Aluminum MC Rhenium Iodine 6 Germanium 1 Magnesium MC Tungsten 0.6 Tellurium Gallium 22 Sodium MC Tantalum 0.4 Antimony 4 Zinc 89 Fluorine -79 Hafnium 2 Tin 2 Copper 30 Oxygen NR Lutetium 0. 1 Indium STD Nickel 9 Nitrogen NR Ytterbium 1 Cadmium Cobalt 3 Carbon NR Thulium 0. 1 Silver 0.2 Iron MC Boron 210 Erbium 1 Palladium Manganese 69 Beryllium 2 . Holmium 0.8 Rhodium Chromium 26 Lithium 63 prosium 3 Hydrogen NR ALL ELEMENTS NOT DETECTED LESS THAN 0. 1 liril INT-INTERFERENCE STD-INTERNAL STANDARD APPROVED: (.11_42h-j, .- , G,%,"z NR-NOT REPORTED MC-MAJOR COMPONENT -12a- 161:1854 FEDERAL REGULATIONS (2)(i) Except as otherwise provided in exclude sludges that are generated by managing municipal solid waste shall paragraph (c)(2)(ii) of this section, any industrial wastewater treatment.] not be deemed to be treating. storing, . solid waste generated from the treatment, (3)Irrigation return flows. disposing of, or otherwise managing -e.or disposal of a hazardous waste, (4)Source,special nuclear or by- • hazardous wastes for the purposes of . ..._ ng any sludge, spill residue, ash, product material as defined by the regulation under this subtitle, if such ' emission control dust, or leachate (but not Atomic Energy Act of 1954.as amended, facility— including precipitation run-off) is a haz- 42 U.S.C.2011 et seq. (i) Receives and burns only ardous waste. (However, materials that (5)Materials subjected to in-situ (A) Household waste(from single are reclaimed from solid wastes and that mining techniques which are not and multiple dwellings, hotels, motels. arc used beneficially are not solid wastes removed from the ground as part of the and other residential sources) and and hence are not hazardous wastes under extraction process. (B)Solid waste from commercial or this provision unless the reclaimed materi- (6) Pulping liquors (i.e., black liquor) industrial sources that does not contain al is burned for energy recovery or used in that are reclaimed in a pulping liquor hazardous waste: and . a manner constituting disposal.) recovery furnace and then reused in the (ii)Such facility does not accept haz- (ii) The following solid wastes are not pulping process, unless it is accumulated ardous wastes and the owner or opera- hazardous even though they are generated speculatively as defined in §261.1(c) of for of such facility has established con- from the treatment,storage,or disposal of this chapter. tractual requirements or other a hazardous waste,unless they exhibit one appropriate notification or inspection or more of the characteristics of hazardous [261.4(2)(6) added by 50 FR 611, Janu- procedures to assure that hazardous waste: (A) Waste pickle liquor sludge gen- ary 4, 1985; amended by 50 FR 14219, wastes are not received at or burned in crated by lime stabilization of spent pickle April 11. 1985] such facility. • liquor from the iron and steel industry (7)Spent sulfuric acid used to produce amended 1261.4(b)(1) by 49 FR 44980, (SIC Codes 331 and 332). virgin sulfuric acid,unless it is accumulated November 13, revised by 50 FR speculatively as defined in §261.1(c)of this [Editor's note: EPA November 29, Chapter. 28742,July 15, 1985) 1985 added (B) to 261.3(c)(2)(ii). Howev- [161.4(a)(7) added by 50 FR 661. Janu- cr. (A) was never added.] are 4. 1985] the following and which are returned to (B) Wastes from burning any of the the soils as fertilizers: materials exempted from regulation by (8) Secondary materials that are re- (i)The growing and harvesting of §261.6(a)(3)(iv), (vi), (vii), or(viii). claimed and returned to the original pro- agricultural crops. [261.3(c)(2)(ii)(B) added by 50 FR cess or processes in which they were gener- (ii)The raising of animals.including 49202. November 29. 19851 ated where they are reused in the animal manures. (rl)Any solid waste described in production process provided: (3)Mining overburden returned to the ^raph(c)of this section is not a (i) Only tank storage is involved, and mine site. ous waste if it meets the the entire process through completion or (4)Fly ash waste,bottom ash waste, following criteria: reclamation is closed by being entirely slag waste.and flue gas emission . (1)In the case of any solid waste,it connected with pipes or other comparable control waste generated primarily from (Ives not exhibit any of the enclosed means of conveyance; the combustion of coal or other fossil characteristics of hazardous waste (ii) Reclamation does not involve con- fuels. identified in Subpart C. trolled flame combustion (such 2s occurs (5)Drilling fluids.produced waters, (2)In the case of a waste which is a in boilers, industrial furnaces, or and other wastes associated with the a listed waste under Subpart D.contains a incinerators); of crude exploration.development,or production crude oil.natural gas or geothermal waste listed under Subpart D or is (iii) The secondary materials are never energy. derived from a waste listed in Subpart accumulated in such tanks for over twelve (6)(i) Wastes which fail the tesi. for D. it also has been excluded from months without being reclaimed;and (c) under 260.20 and 260.22 the characteristic of EP toxicity be- paragraph §§ (iv) The reclaimed material is not used of this Chapter. cause chromium is present or are P to produce a fuel, or used to produce listed in Subpart D due to the Ares- §261.4 Exclusions. products that arc used in a manner consti- ence of chromium, which do not fail (a)Materials which ore not solid tuting disposal. the test for the characteristic of EP wastes.The following materials are not toxicity for any other constituent or solid wastes for the purpose of this Part: [261.4(a)(8) added by 51 FR 25470, July are not listed due to the presence of (1)(i)Domestic sewage: and 14, 1986] any other constituent, and which do (ii)Any mixture of domestic sewage lb]Solid wastes which ore not hazardous not fail the text for any other charac- and other wastes that passes through a yastes The fnllnwing snit� wastes are not teristic,if It is shown by a waste gener- .sewer system to a publicly-owned hazardous wastes: ator or by waste generators that: treatment works for treatment. (l)Household waste, including (A) The chromium in the waste is "Domestic sewage"means untreated household waste that has been collect- exclusively (or nearly exclusively) tri- sanitary wastes that pass through a . ed, transported, stored, treated, dis- valent chromium;and sewer system. flnterim final/ posed, recovered (e.g., refuse-derived (B) The waste is generated from an (2)Industrial wastewater discharges fuel) or reused. "Household waste" industrial process which uses trivalent that are point source discharges subject means any material (including garbage, chromium exlcusively(or nearly exclu- sively)io regulation under Section 402 of the and the process does not gener- 8 trash and sanitary wastes in septic ate hexavalent chromium;and Clean Water Act, as amended. tanks)derived from households (in- (C) The waste is typically and fre- •ment:This exclusion applies only cluding single and multiple residences, quently managed in non-oxidizing en- t„ ictual point source discharge.It hotels and motels. bunkhouses, ranger yironments. does not exclude industrial wastewaters stations, crew quarters. campgrounds, (ii) Specific wastes which meet the while they are being collected,stored or picnic grounds and day-use recreation standard in paragraphs (b)(6)(1)(A), \ treated before discharge. nor does it areas). A resource recovery facility (B)and(C)(so long as they do not fail —1 3- t6z Environment Reporter [Sec.261.4(b)(6Xii)] APPENDIX B WELL PERMITS AND COMPLETION REPORTS • .-.v:R.I 5-74: COL \DO DIVISION OF WATER RESOURC KtLtjVtli 101 Col ne Bldg., 1845 Sherman St.,Denver,Colorado ,3 - . OC109 '79 PERMIT APPLICATION FORM ",pplication must WATER RESOURCES e complete where (X ) A PERMIT TO USE GROUND WATER =ATE ENGINEEP applicable. Type or • (X )A PERMIT TO CONSTRUCT A WELL COLO. print in BLACK FOR: (x ) A PERMIT TO INSTALL A PUMP • INK.No overstrikes i • or erasures unless ( ) REPLACEMENT FOR NO. • initialed. ( )OTHER (1) APPLICANT- mailing address FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN NAME Adolph Coors Company • Receipt No. 107009A / STREET Land & Water Resources #309 Basin Dist. Golden, Colorado 80401 . CITY . (state) _ (Zip) CONDITIONS OF APPROVAL TELEPHONE NO._. 279-6565, Ext. 2844 This well shall be used in such a way as to cause no material injury to existing water rights. The (2) LOCATION OF PROPOSED WELL issuance of the permit does not assure the applicant - that no injury will occur to another vested water right or preclude another owner of a vested water County Weld right from seeking relief in a civil court action. NE ; of the SE % Section 25 1• GROUND WATER PRODUCTIONS SHALL BE LIMITED TO THE IARAMIE FOX HILLS AQUIFER WHICH IS EQUIVA- T.vp 3 N, Rng 64 W 6th p.m. LENT TO A DEPTH FROM 340 FEET TO 400 FEET ON THE LOG OF WELL LOCATED IN THE SW,t-, OF NE-1-., SECTION 36, • 3) WATER USE AND WELL DATA TOWNSHIP 3 N, RANGE 64W, PLAIN (NON-PERFORATED) CASING MUST BE INSTALLED AND PROPERLY SEALED TO PREVENT THE APPROPRIATION OF GROUND WATER FROM . . Proposed maximum pumping rate(gpm) 60 gpm OTHER ZONES, _ Average annual amount of ground water 100 2. THE AVERAGE ANNUAL APPROPRIATION FROM THIS to be appropriated (acre-feet): - WELL TOGETHER-WITH WELL #2', c/—/ SHALL NOT �-EXCEED 167 ACRE-FEET. iC�mber of acres to beirrigated: 50 acre/year 3, A TOTALIZING FLOW METER MUST BE INSTALLED 400 ON THE WELL DISCHARGE WHEN THE WELL IS PUT TO F•oposed total depth (feet): BENEFICIAL USE. DIVERSION RECORDS MUST BE SUB— - Aquifer ground water is to be obtained from: MITTED TO THE DIVISION OF WATER RESOURCES UPON Laramie Fox-Hills REQUEST. 4. THE ENTIRE LENGTH OF THE HOLE SHALL BE GEO- G:mer's well designation Keenesburg #1 PHYSICALLY LOGGED PRIOR TO INSTALLING CASING. • COPIES OF THE LOGS MUST BE SUBMITTED TO THE GROUND WATER TO BE USED FOR: DIVISION OF WATER RESOURCES. ) HOUSEHOLD USE ONLY-no irrigation(0) 5. THE WELL MUST BE EQUIPPED (PREFERABLY WITH A X) DOMESTIC (1) (X) INDUSTRIAL (5) 3/1 " ID TUBE FROM TOP OF WELL TO TOP OF PUMP) SO XI LIVESTOCK (2) (X) IRRIGATION (6) THAT THE WATER LEVEL IN THE WELL CAN BE MEASURED x1 COMMERCIAL (4) ( ) MUNICIPAL (8) AND MONITORED. /- 1 OTHER (9) PARITcRiPI T1/4 B1yEEDEXTENDED 1 YEAR TO FEB. 21 , 1982. kr() reb-17. frt PERMIT NUMBER 24650 -F (4) DRILLER DATE ISSUED FEB 21 '9. J same To be determined EXPIRATION DATE FF B 21. 1981 S:reef •Cay (STATE ENGINEER) (State) (ZIP) BY � LCCC) �. ,6 4.4,Q Telephone No. Lic.No. • —15— I.D. 1-01 .__ COUNTY 62 (5) THE LOCATION OF THE PRI SED WELL and the area on (6) THE WI MUST BE LOCATED BELOW • which the water will be used must be indicated on the diagram below. by distances from section lines. Use the CENTER SECTION (1 section. 640 acres) for the well location. • 3150 ft. from North sec. line -}- --I- - + +- - - -{- _i_ --I- --1- (north or south) <• ----1 MILE,5280 FEET-•-tl I 700 ft. from East sec. line - (east or west) t- + T + A— + ± + + LOT BLOCK FILING I I I SUBDIVISION �- _ t NORTH SECTION LINE _ + _ +1 (7) TRACT ON WHICH WELL WILL BE I I _ I I LOCATED NORTH Owner: Adolph Coors CO. z- _ — __ — — —N + + No.of acres 1603 . Will this be J ) l vs m ' the only well on this tract? No 0 I 25 ! -4 _1_ _ + + y I 0( -g (8) PROPOSED CASING PROGRAM . I I- I r I Plain Casing en -I- I - - - - - 3- - -t- +• f 6 in.from 0 ft. to 400 ft. I I I in.from ft.to ft. -I-• — --I-- - I I , — —I- — Perforated casing SOUTH SECTION LINE I I n.from f t. o ft. Iatura�ed formation thickness in Laramie • -}- -- + 4- 4- -+ 4 + + ._ _in.fron Fnx-Hi 11St.to ft. I' . I I I I (9) FOR REPLACEMENT WELLS give distance and direction from old well and plans for plugging ' -}- — --I- - -}- - -{- - -1- - -)- - + — 4— — -I_ it: The scale of the diagram is 2 inches= 1 mile • Each small square represents 40 acres. • • - WATER EQUIVALENTS TABLE (Rounded Figures) - • An acre-foot covers 1 acre of land 1 foot deep • _ • 1 cubic foot per second(cfs)...449 gallons per minute(gpm) • • A family of 5 will require approximately 1 acre-foot of water per year. - 1 acre-foot...43,560 cubic feet...325.900 gallons. 1,000 gpm pumped continuously'for one day produces 4.42 acre-feet. (10) LAND ON WHICH GROUND WATER WILL BE USED: - Owner(s): Adolph Coors Company • - No.of acres: 1 5O3 Legal description: T3N, R64W, Sections -25, 26, 35 and 36. (11) DETAILED DESCRIPTION of the use of ground water:Household use and domestic wells must indicate type of disposal system Md"Y$ supply water for bathhouse and office complex, irrigation of landscaping and reclaimed areas, livestock water and dust control. (12) OTHER WATER RIGHTS used on this land, including wells. Type or right Used for(purpose) Description of land on which used Well (proposed) plus Irrigation of reclaimed Same dewatering system. ' land, industrial , commercial livestock & domestic. . (13) THE APPC4CANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. - .% A° C. ,L,nO. (__ . SIGNATURE OF APPLICANT(S1 ADOLPH COORS COMPANY L.__C. Sund - Senior Vice President _ . -16- • - COL 4DO DIVISION OF WATER RESOUR THIS FORM MUST BE SUBMITTED 300 Columbine Bldg . 18.15 Sherman St. ' WITHIN GO DAYS OF COMPLETION Denver, Colorado 80203 OF THE WORK DESCRIBED HERE- • Oh' 1-"PE OR PRINT IN BLACK WELL COMPLETION AND PUMP INSTALLATION REPORT J PERMIT NUMBER ____L___/:_z__* ;-: � -_C' - 1 1 WELL OWNER __121___1. r. I fi 1I f.,UY•• r, : •,. ti 1,;;;• G of the =S Y. of Sec. ^5 ADDRESS C=.. 1-'I t-*' '. d0 "! • 1,_— T._3_. - R.-+';_4_ P.M • DATE COMPLETED 4 — ''.(t , 19u HOLE DIAMETER WELL LOG • —IC__in. from__g__to__fa__ft. Water From To Type and Color of Material Loc. 2 i'.in. from _to y*�_ft. • r-, ;;3 34. n in. from _to ft. �`' 35 r"1": , c1t.- DRILLING METHOD__ CASING RECORD: Plain Casing 1 5 13f; }::tr:: o_:r.•i stottc! 1%6 2;t:, ski-1 n Size:; & kind frortyiu.e 2 to 4,66_ft 2.' 1;P shale held mind ntow+ 1cyortt tr. con) 168 1":` shale Sizef_5/L& kind Dtee1 from _to--3b.8--ft 1"0 19e, coal IRS! 165 hard a::t:c'cttotte Size CL-5.4(& kind i from _3L to 470 ft 135 214 ' uh alt? 6 5lC "steal 490 505 214 215 h:rd mu Perforated Casing 2.5 23: c :.0.n - -- 235 ' Size t__►; S.& kind•- from to•ten^ ft coal. �, ./. �t"•_!'tt— 285 �,.-�- 25:) shale / u:.nde.one layerc ?50 310 said t/ some shags 1wyara Size /3& kind se�e-t from 34 to 3 ft 310 320 c.Lt10 and ca.t23 livers +20 395 sand t/ no eat 10 1.uycrs Size p. & kind 3.1�cr ..from , �_to 4 J0 ft •'.-3 43') z--;::.1.f) staid layers {3C 451 sh •s GROUTING RECORD 451. 459 s-.:nd 4:u1 shale t 5n 459 lard nzdstoro Material __Ccz ant, (trout 459 464- sand v;/ shalle layers 464 4 f;2 `1> ti anti d 1 y3ra Intervals p51' to ^71 * • Surrste to 67• 142 531 shao I 501 505 sand aLnd shale 1t�rorfs Placement Method Tr+r�fe 505 511 Inhale vr/ sand layers . ' . GRAVEL PACK: Size Fountain W/'0 • Interval 771' to slle ' t TEST DATA _r= "��} '' '-40:k.::.• � • 'i ,- Date Tested 5/5 • ••" 1%9__ 1 • >;:. • Static Water Level Prior to Test '' ' ft - 1Z2.5.. . ,, '• --'' , - •w` ,_ i ' - Type of Test Pump snit Qeitlli""t5 ' ••• . ,. 4 •• +.•-n 0.,Z11. Length of Test-.{i'" til s _I . 1�Y _ L,''4 +- ,.•:-,..1:::,...; ~ ',,.:r r' +'� _ Sustained Yield (Metered) •'} ••• :"F''n i"'• ••S F• ' _ I.-•"s, s4 ' t ,;:f-- TO7AL DEPT AA i.: . ,-• a i'.. .,, :... '• Use 0U 4.0__+. }•,'• :.-.. aa:,t_- a Itlonai,pages necessary, cottiplerelo _ Final Pumping Dater 'eve •" ; `'" ';'zc`► '''�` ^M x • •:`i4O1: +•x!.441, nig ..� 'w•- .. -4- :,c:-;••, .,::;w= r `:;: .. ,� All -.....04,„,..:41.,......,6,7„.... Zi �.,��nr;::►t:'*`rs 'L_ , _�� .. _,• a.::t.cr• �:,;6 fit,+w:•;. *•�ri•��,' v.4;%-7A,-',-:.t-,:t ,y , , r•�Mf, r,'• • r:171J:.• . _ ..•' fl,n�3t'.;.'1,.e _:r...i•4' , c �ti., �. 1.�Q?• : -.� .l- .... ..•.•s:,�, J: .1/•t^i.,c s: t. •�•+.: ' •' r• M'•n•,c�,+i .�. -rte: +v .,.: :{ :i {,:'. • -'i'- I r ;HIS FORM 'JUST BE - SUBMITTED PRIOR TO COLORADO DIVISION OF WATER RESOURCES: SCn S ; f • .HE EXPIRATION OF THE / %ERMIT TYPE OR 300 Columbine Bldg., 1845 Shcrmon St. p+�a;;p P7, ..: Rf 4 BLACK INK C--"*".... :DI ' ACCEPTED Denver, Colorado 80203 ST,..c Ds!,", 1 STe ENT MAILED C:ei0. 'LH REQUEST. STATE OF COLORADO AFFIDAVIT COUNTY OF Weld c SS. - X STATEMENT OF BENEFICIAL USE OF GROUND WATER AMENDMENT OF EXISTING RECORD PERMIT NUMBER 24650-F LOCATION OF WELL T-;E AFFIANT(S) Adolph Coors Company C/0 Lyle Bush County Weld ...nose moiling Corporate Real Estate Department :::re5 s is Mail Stop 309 NE 1.of the SE I., section 25 -y Golden CO 80401 Twp. 3 N , Rag. 64 W 6th PM ` I ) 12V1 IN ow SI fE OR N1 / :e ng d.ily sworn upon oath, deposes and says that he (they) is (ore) the owner(s) of the well described hereon; the well is ::ate: as described above, at distances of 3150 feet from the North section line and 700 feet from the (Moat.OS sOJTs) . East section line; water from this well was first applied to a beneficial use for the purpo'se(s) described herein on the 5 1.t- :• .C!'t ::J r•: May , 19 80 ; the maximum sustained pumping rate of the well is 100 gallons per minute, the pumping e Timed hereby is - 100 gallons per minute; the total depth of the well is 510 feet; the average annual amount average annual appropriation from this well and No. 24651-F) := •Ne•er to be diverted is 167 acre-feet; for which claim is hereby made for domestic, livestock. commercial industrial , irrigation purpose(s); the legal description of the land on which the water from this well is used is -. 3 N. , R. 64 QW. , Sections� � 25. 26. 35 and 36 which totals E3 ac/yr. (aed e wAtctaCs•"i 711.Aro'fld on the map on the reverse side of this form; that this well was completed in compliance -• •n •=e permit approved therefor; this statement of beneficial use of ground water is filed in compliance with law; he (they) has -:ve read the statements made hereon; knows the content thereof; and that the same are true of his (their) knowledge. - 7.-:•-re(s) S0►IA.aLQ k. ( &icrocL, - Sandra K. Woods, Vice President FOR OFFICE USE ONLY --,5.: J:-.bed and-sworn rporate Real state Departmen ▪ be'�:e me on thl•i day of QA. A.#AJ , l L - Court Case No. ▪ Commission expires: / , /993- sr•_ Pri«. Mo. Day _Yr.I � (N.w •� us If C'0/de //C [/OIL/ Div. Cty. g.:CE?TED FOR FILING BY THE STATE ENGINEER OF COLORADO • =JRSJANT TO THE FOLLOWING CONDITIONS: s*e I•• • Well Use Dust. _ Basin Mon Dus , —18— • - Well drilled by Norman Hill Drilling Co. Lic. No. 989 , Pump installed by Am West Well & Pump, Inc. Lic. Na 1026 Meter Serial No. 29891607 KA Flow Meter Dote Installed February 2, 1981 Owner of land on which water is being used Adolph Coors Company . THE LOCATION OF THE WELL MUST BE SHOWN AND THE AREA ON WHICH THE WATER IS USED MUST BE SHADED OR CROSS-HATCHED ON THE DIAGRAM BELOW. This diagram represents nine (9) sections. Use the CENTER SQUARE . (one section) to indicate the location of the well, if possible. I 1 - 1 I I _ I — + — + — + -f- -I•- + -- • I I I I 1 I . + - + -'-SEE �ACHr ENT A � - • -17 -}- + - 1 I • NORTH SECTION LItIE NORTH fr I I • __ + -• m - • N J W I 25o •..., 0I . Z w r v, - + - + mH • 6'i - - I SOU SECTION LI E • • — + + — + — + -- + — + — T. 3 NO. , R. 64 W. --I I . I i ! I THE SCALE OF THE DIAGRAM IS TWO INCHES EQUALS ONE-MILE — + — + — --F — + — + — 1-- — i i --1� Mi ie i i . I WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 Foot deep. • 1 cubic foot per second (cfs) . . . 449 gallons per minute (gpm). 1 acre-foot . . . 43,560 cubic feet . . . 325,900 gallons. 1,000 gpm pumped continuously for one day produce; 4.42 acre-feet. • 100 gpm pumped continuously for one year produces 160 acre-feet. • - —19— WP "1-74 COI ADO DIVISION OF WATER RESOURI • • 101 Co...,.oine Bldg., 1845 Sherman St., Denver,Colorado. ___03 RECEIVED PERMIT APPLICATION FORM Application must OCT 09 '7 ee complete where ( X)A PERMIT TO USE GROUND WATER applicable. Type or ( X)A PERMIT TO CONSTRUCT A WELL WATER RESOURCI`5 print in BLACK FOR: ( x) A PERMIT TO INSTALL A PUMP STATE ENGINEEP INK.No overstrikes COLO. or erasures unless ( ) REPLACEMENT FOR NO. initialed. ( )OTHER - (1) APPLICANT- mailing address FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN NAME Receipt Coors Company Receipt No. 107009B STREET I and & Water Resnurces #304 Basin Dist. CITY Golden, Colorado 80401 (State) (Zip) CONDITIONS OF APPROVAL TELEPHONE NO._ 279-6565, Ext. 2844 This well shall be used in such a way as to cause no material injury to existing water rights. The (2) LOCATION OF PROPOSED WELL issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water County Weld right from seeking relief in a civil court action. 1. GROUND WATER PRODUCTION SHALL BE LIMITED TO NW ''h of the NW 'A,Section 25 THE LARAMIE FOX HILLS AQUIFER WHICH IS EQUIVALENT TO A DEPTH FROM 340 FEET TO 400 FEET ON THE LOG Twp._3_ A, Rng. 64 _E. 6th P.M. 1 i OF WELL LOCATED IN THE SW1 OF NE,, SECTION 36, - 3) WATER USE AND WELL DATA . TOWNSHIP 3N, Range 64 W. PLAIN (NON-PERFORATED) CASING MUST BE INSTALLED AND PROPERLY SEALED TO - PREVENT THE APPROPRIATION OF GROUND WATER FROM . Proposed maximum pumping rate(gpm) 60 gpm OTHER ZONES. 1 2. THE AVERAGE ANNUAL APPROPRIATION FROM THIS Average annual amount of ground water 11:110 WELL TOGETHER WITH WELL #29&,014 o1 SHALL NOT to be appropriated (acre-feet): �� EXCEED 167 ACRE—FEET. Number of acres to be irrigated: 50 acre/year 3, A TOTALIZING FLOW METER MUST BE INSTALLED ON 400 THE WELL DISCHARGE WHEN THE WELL IS PUT TO Proposed total depth (feet): BENEFICIAL USE. DIVERSION RECORDS MUST BE SUB- Aquifer ground water is to be obtained from: MITTED TO THE DIVISION OF WATER RESOURCES UPON REQUEST. Laramie Fox-Hills 4. THE ENTIRE LENGTH OF THE HOLE SHALL BE GEO- • Keenesburg #2 PHYSICALLY LOGGED PRIOR TO INSTALLING CASING. Owner's well designation COPIES OF THE LOGS MUST BE SUBMITTED TO THE GROUND WATER TO BE USED FOR: DIVISION OF WATER RESOURCES. 5. THE WELL MUST BE EQUIPPED (PREFERABLY WITH A HOUSEHOLD USE ONLY•no irrigation (0) 3/4" ED TUBE FROM TOP OF WELL TO TOP OF PUMP) SO X) DOMESTIC (1) (X ) INDUSTRIAL (5) ' XI LIVESTOCK (2) (X ) IRRIGATION (6) THAT THE WATER LEVEL IN THE WELL CAN BE MEASURED x) COMMERCIAL (4) ( ) MUNICIPAL (8) AND MONITORD. J< • T • I OTHER (9) APL CEXPIRATI0N NPPOVED EXTENDED 1 YEAR TO FEB. 2l , . 1982. Kt» kr,.)7, '4'11 . • PERMIT NUMBER 24651 -F- (4) DRILLER GATE ISSUED FEB 211980 Jame To be determined EXPIRATION DATE FFR R 21 1901 Street • a - 4424:1444--P----- City (STATE EN EER) (State) (Zip) /� BY 1.L(L.c� L.t 1,,..� Telephone No _ Lic. No. —20— I.D. 1-01 • _- COUNTY • ,. . ...•62 (5) THE LOCATION OF THE PR__ _ISED WELL and the area on (6) THE V _ _MUST BE LOCATED BEL 3,' which the water will be used must be indicated on the diagram below. by distances from section lines. Use the CENTER SECTION (1 section, 640 acres) for the well location. + — _ — ,4_ — -+- — -(- — -4- — -f- — -4-' _ + 1000 ft. from North sec. line • (north or South) I I I I 500 ft.from West sec. line .4-----1 MILE,5280 FEET---} (east or west) 1 • + + + + LOT BLOCK FILING # I I I I • + - -I- - i NORTH SECTION LINE - + - SUBDIVISION LA) I I -(7) TRACT ON WHICH WELL WILL BE I I LOCATED Owner: Adolph Coors Co. NORTH II • z- — T — — — - -D + + No.of acres 1603 . Will this be J co I z -I p I 25 m -- I- the only well on this tract? No n ▪ + co + I z T (8) PROPOSED CASING PROGRAM I i- I r- I Plain Casing co f 6 in.from 0 ft. to 400 ft. II I - in.from ft.to ft. + - .+. - I I - 4_ — 4 Perforated casing SOUTH SECTION LINE # I I - I tura1eat'1ormati on thickn a ess i n Lrami e + + -I- 4- -4- 4 4 + -I- FOX-Hi 1 l Sn.from ft.to ft. - . I I I ' I (9) FOR REPLACEMENT WELLS give distance and direction from old well and plans for plugging - +- - -I- — + — + - -j- - _i-- - + — +- - -}- it: The scale of the diagram is 2 inches= 1 mile Each small square represents 40 acres. • WATER EQUIVALENTS TABLE (Rounded Figures) - An acre-foot covers 1 acre of land 1 foot deep - 1 cubic foot per second(cfs)...449 gallons per minute(gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot...43.560 cubic feet...325,900 gallons. - 1,000 gpm pumped continuously'for one day produces 4.42 acre-feet. (10) LAND ON WHICH GROUND WATER WILL BE USED: Adolph Coors Company - 1603 Owner(s): No.of acres: T3N, R64W, Sections 25, 26, 35 and 36 Legal description: _ (11) DETAILED DESCRIPTION of the use of ground water: Household use end domestic wells must indicate type of disposal system Usedtofetsu9ldrigation of reclaimed land and landscaping, dust control , livestock water, and back-up for bathhouse and office supply. (12) OTHER WATER RIGHTS used on this land, including wells. Type or right Used for(purpose) Description of land on which used Well (proposed) plus Irrigation, Industrial , Same pit dewatering system Commercial , Domestic (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS M TRUE TO THE BEST OF HIS KNOWLEDGE. "I ` F1 . V t,(41./(__ SIGNATURE OF APPLICANT(S) r ADOLPH COORS COMPAN L. C. Sund Senior Vice President —21- - I I - ..,4..1:.......�J .,w...... ,.4 .. i.o. if ,,,n•p cnaro is rpninrPrt C 1RADO DIVISION OF WATER RESOI ES THIS FORM MUST BE SUBMITTED 300 Columbine Bldg., 1845 Sherman St. WITHIN 60 DAYS OF COMPLETION Denver, Colorado 80203 OF THE WORK DESCRIBED HERE- ON.TYPE OR PRINT IN BLACK WELL COMPLETION AND PUMP INSTALLATION REPORT i dY F' I OC2 Illih PERMIT NUMBER L/6 s/-F" WELL OWNER Ado /fp COdY_tCr, _ " ' % of the IV I'll 'h of Sec. �s` ADDRESS GIN id 1.'1 6/O, T. 3 A , R. ‘.5/ W , P.M. DATE COMPLETED ,5---2 , 19 _rEd HOLE DIAMETER WELL LOG in. from C9 to__1.�ft. Water JAI-- From To Type and Color of Material Loc. --e in. from 4_to '915.-ft. e7 /3 Sa<rd in. from to ft. /3 5S .Sha/e - Ctl eat/leaed DRILLING METHOD Plied R6 ?Si'? 55 7.-C- .- Shc/d CASING R"ECORD: Plain Casing '7$ �o e va/ Size c?l & kind 0-ee/ from + I'sto333 'ft. 80 el ..4a/e..- Size 6__ _-.. .& kind •�-ee1 from .3 f to Ile ft. V 88 heltSr.koe - Waled ' 99_ hd�� Size /2 ii& kind .Steel from to ._36 ft. 99-1 /ro-t SandSfione-/lard Sit r 3C e_. Pe orated Casing L'D-‘ /05 .Slt z.le - CI-e Ld41; �/ Size & kinds erg A' from .33.3-4 395- ft. / o Shaft - e/ac/ C 30 C6�� Size & kind from to ft. /3c. /3,5" „Via le d- i1dS-d-me4,4- ,yev:S Size & kind from to ft. /3 /3G _ /iA-6+121e. GROUTING RECORD /3G /SS"- 617a/e. (1.Sand5`tceJe yens Material Xel at Cerne_r t. 1,5-3"5 ./4.O Coal 160 /65- c5/,a/e_ Intervals 0-3? ter -- 31? /t' f70 COJi Placement Method Ire rrn.e. /70 /' U Son V /6,0 /�� GRAEL PACK: Size co,/ ___ity20 Fc+Ui?felCL X4.5..iatcd .4a,,/rrs , ��- /�Z ��id�z - Interval �3/k I - �/,�`S� �.L��', ��) /9.2 p/S -Sha/ - a,td�S3)t(I5�a`te d Shale/I r$ TEST DATA 2i Tc �� Date Tested —5-- 3 O , 19 Y(2 )2(o 233 ,`�-4 -5halC X33 ;,, ? Static Water Level Prior to Test //C.) ft. _237 29? •0 Type of Test Pump OecQla 6 ,2-5720____.6a1-). 9 2 sr Cca alit 20. .5vnd cI 4/O/C/_/ Length of Test_ •Hiles 26, .2&3 �carlc/Sine - lard „ Sustained Yield (Metered) /DD 9/..7nr) TOTAL DEPTH!YES Use additional pages necessary to complete log. Final Pumping Water Level 01410 -PI- -22— C )RADO DIVISION OF WATER RESO ;ES THIS FORM MUST BE SUBMITTED 300 Columbine Bldg , 1845 Sherman St. WITHIN 60 DAYS OF COMPLETION Denver, Colorado 80203 � '� OF THE WORK DESCRIBED HERE- eve ON.TYPE OR PRINT IN BLACK WELL COMPLETION AND PUMP INSTALLATION REPORT !! IPERMIT NUMBER .://1_613-.LIE WELL OWNER Ado I ply Coo r5 CeN _- HI%) ''h of the_A to 'h of Sec. 25 , ADDRESS G ID id'r'1 / CO/0 T. 3 /, , R. 4I/ W' P.M. DATE COMPLETED , 19Z1 HOLE DIAMETER ' WELL LOG in, from to ft. Water From To Type and Color of Material Loc. _in. from to ft. 3 .7y • Smd Eut4fi) Side k L/&r.5 �� in. from to ft. lt, 2817 Coal DRILLING METHOD 05" 3#✓1[i<1 Shale. 1.-a W-5 CASING RECORD: Plain Casing ,ZT :3;7 ,5hole with .5.1 nri v r-1-`i Size____—& kind from to ft. 3.27 3 ' ,5,x,-IC/ --4-.5hciI e. Size & kind from to ft. y i ' 392 .S- 'v.S-A.J1ci Size & kind from to ft. yea , ��14 It'1117 .9t a I loyct-S 3/2 �,� Perforated Casing Size & kind from to ft. - Size & kind from to it. RECEIVED • Size & kind from to ft. '95 GROUTING RECORD I�:7�''. 1 Material -KEENSBURG MINE Intervals Placement Method GRAVEL PACK: .Size Interval TEST DATA Date Tested , 19 __ Static Water Level Prior to Test ft. Type of Test Pump NLength of Test Sustained Yield (Metered) TOTAL DEPTH '7/r� ' Use additional pages necessary to complete log. Final Pumping Water Level —23— . I. 1 i THIS FORM Me ' BE • RECEIVED THE~EXPEDATI(,N P. ROFDTHE COLORADO DIVISION OF WATER RESOURCES 7 E T TYPE OR /� 300 Columbine Bldg., 1345 Sherman St. SEP 1 1981 SIN BLACK INK / o OF ACCEPTED C/ Denver, Colorado 80203 • WATER Kif.40 STATEuENT MAILED QN REQUEST. STATE OF COLORADO SIArL E;fsSN COUNTY OF Weld ) 55. AFFIDAVIT CO,O X STATEMENT OF BENEFICIAL USE OF GROUND WATER AMENDMENT OF EXISTING RECORD PERMIT NUMBER 24651—F LOCATION OF WELL "riE ;-FFIANT(S) Adolph Coors Company, C/0 Lyle Bush county Weld ••-iose nailing Corporate Real Estate Department ::dress is Mail Stop 309 NW ',of the NW '., Section 25 C,ty Golden CO 80401 Twp. 3 N , Rng. 6 W 6th P M (sta.'," (nal IN ON SI IE OR WI :'.n5 :,,Iy sworn upon oath, deposes and says that he (they) is (are) the owner(s) of the well described hereon, the well is :cato.:: as described above, at distances of 1000 feet from the North section line and 500 feet from the INO.TN oa SO;JTN1 'nest section line; water from this well was first applied to a beneficial use for the purpose(s) described herein on the 31 n[!-1 = May , 19 80; the maximum sustained pumping rate of the well is 90 gallons per minute, the pumping :-e c: imed hereby is - 90 gallons per minute; the total depth of the well is 415 feet; the overage annual amount (combined diversion with 24650-F) ,c•er to be diverted is 167 acre-feet; for which claim is hereby made for domestic, livestock, commercial Industrial , irrigation purpose(s); the legal description of the land on which the water from this well is used is . 3 N. , R. 64 W. , Sections 25, 26, 35 and 36 which totals yr. (See Attachment A) 50 ac/ecaes and which is illustrated on the map on the reverse side of this form; that this well was completed in compliance -.'h --e permit approved therefor; this statement of beneficial use of ground water is filed in compliance with law; he (they) has . -:ve read the statements made hereon; knows the content thereof; and that the some are true of his (their) knowledge. 7,: sl &AAw Q . Clot d-3 1 bsc-.Sed and sworn Sandra K. Woods, Vice President FOR OFFICE USE ONLY Corporate Real Ista e Department bel:•e me on this121: day of s ALA 1O�1e--. , 19 al Court Case No. • ' Cc-mission expires: jya I 19f8�Q / ` / Prior. Mo Doy _Yr.V4A1:64...0 a ISA D l..0.4-4"` A7e."t old 00 k0.-0 I Div. cty. LCCETED FOR FILING BY THE STATE ENGINEER OF COLORADO =URSJANT TO THE FOLLOWING CONDITIONS: s«•- MD - Well Use Dist. _ Bosin Man Dis —24— Well drilled by Norman Hill Drilling Company _ Lic. No. 989 • Pump installed by Am West Well & Pump, Inc. Lic. No. 1026 • Meter Serial No. 29891590 © Flow Meter Date Installed August 5, 1980 Owner of land on which water is being used Adolph Coors Company THE LOCATION OF THE WELL MUST BE SHOWN AND THE AREA ON WHICH THE WATER IS USED MUST BE SHADED OR CROSS-HATCHED ON THE DIAGRAM BELOW. This diagram represents nine (9) sections. Use the CENTER SQUARE (one section) to indicate the location of the well, if possible. I I I 1 I 1 - .+ — + — + — + + — + — I I 1 I I I - + - SEE ATTACHMENT - + , + - f , I I NORTH SECTION LIf1E I I NORTH X N . J - W m z Cl I I I w2 I -g- ;?.._5,__ i= z r "' - + — + rn + + r w I I SOUTH SECTION LIFE : { - — + — .+ _ - + — + + -- +. - T. 3 NO. , R. 64 W. I I I I I THE SCALE OF THE DIAGRAM IS TWO INCHES E UALS ONE-MIL E -4-1 M i I e 1 I-I I I 1 WATER EQUIVALENTS TABLE (Rounded Figures) O. An acre-foot covers 1 acre of land 1 foot deep. 1 cubic foot per second (cfs) . . . 449 gallons per minute (gpm). 1 acre-foot . . . 43,560 cubic feet . . . 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre feet. - 100 gpm pumped continuously for one year produces 160 acre-feet. —25— 0 APPENDIX C DOCUMENTS OF CONVEYANCE M S Following are copies of the documents of conveyance granting to Applicant the right to extract coal by surface mining methods in such instance where the private mineral estate is severed from the private surface estate. Also following is a copy of a General Conveyance, Assignment and Transfer document to Coors Energy Company from Adolph Coors Company. 4111, • —27— 1 . REFERRAL LIST APPLICANT: Coor's Energy Company CASE NUMBER: Amended SUP-386:86:58 SENT REFERRALS OUT: January 5, 1987 REFERRALS TO BE RECEIVED BY: January 24, 1987 NO SR NR NO/SR NR X County Attorney (plat only) �/ X Colorado Geological V �� Survey X Weld County Health Dept. Attn: Lou Ladwick / 1313 Sherman Street �/ X Engineering Department Room 715 Denver, CO 80203 / �(/ X County Extension Agent JX Office of Emergency Mngmt ior X State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, CO 80203 7 X State Highway Department 1420 2nd Street Greeley, CO 80631 X Colorado Department of Health c/o Dave Ackers Water Quality Control Division 4210 East 11th Avenue Denver, CO 80220 ✓ X Colorado Division of Wildlife Attn: Larry Rogstad District Wildlife Manager 1528 28th Avenue Court Greeley, CO 80631 ' X Town of Keenesburg Attn: Ron Linnebur 415 South Pine P.O. Box 366 Keenesburg, CO 80643 X Brighton Soil Conservation District V 60 South 27th Avenue Brighton, CO 80601 X LeAnn Reid 7930 Weld County Road 81 Roggen, CO 80652 NO=No Objection SR=Specific Recommendations NR=No Response awL - v\i\aetQLc-�-w.�v� • DEPAR =NT OF PLANNING SERVICES :r PHONE(303)356-4000 EXT.4400 • • -'� 915 10th STREET GREELEY,COLORADO 80631 a. CASE NUMBER Amend SUP-386:86:58 COLORADO January 5, 1987 TO WHOM IT MAY CONCERN: Enclosed is an application from Coor's Energy Company for a surface mining and ash disposal facility. The parcel of land is described as part of Section 25, 26 and 36, all in T3N, R64W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2 miles north of Keenesburg on Weld County Road 59. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by January 24, 1987, so that we may give full consideration to your recommendation. Please call Keith Schuett if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3.; 4/ We have reviewed the naoposal and find no conflicts with our interests 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Agency: ale&�1C- T`=L Date: ®///�/ JAN 151997 Yell Pe.Wog guildtaloi `G.X Vct If c)\A. QZ\ • DEPART NT OF PLANNING SERVICES is ' <<„,_.,,,, ,Y� PHONE(303)356-4000 EXT.4400 r 915 10th STREET ic r GREELEY,COLORADO 80631 a li �;:J CASE NUMBER Amend SIIP-386:86:58 COLON" ADO January 5, 1987 TO WHOM IT MAY CONCERN: Enclosed is an application from Coor's Energy Company for a surface mining and ash disposal facility. The parcel of land is described as part of Section 25, 26 and 36, all in T3N, R64W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2 miles north of Keenesburg on Weld County Road 59. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by January 24, 1987, so that we may give full consideration to your recommendation. Please call Keith Schuett if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request. (does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. !/ We have reviewed the proposal and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter/ Signe Agency: Date: ' JAN 131981 Weld Co. Maligog goantabil a . , DEPARIIT OF PLANNING SERVICES 5,Y ! PHONE(303)356-4000 EXT 4400 915 10th STREET • _ , !„..... ,, , GREELEY,COLORADO 80631 _ y CASE NUMBER Amend SUP-386:86:58 ,A, erst4 COL® A 't® January 5, 1987 TO WHOM IT MAY CONCERN: Enclosed is an application from Coors Energy Company for a surface mining and ash disposal facility. The parcel of land is described as part of Section 25, 26 and 36, all in T3N, R64W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2 miles north of Keenesburg on Weld County Road 59. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by January 24, 1987, so that we may give full consideration to your recommendation. Please call Keith Schuett if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request. (does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. ,' We have reviewed lthe propose. and find no conflicts with our interests. P/z,,c:a,✓tl iG/�40K/ cl4gl9,i4 Sri c ?i Jb . 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. // Signed: ��,-�.�o S Agency�c U7,c.11�G°rg1�1/� Date: / --F2 JAN 2 91987fl s j_,,,_____ Weld Co. Plaoairik Gw1llrn iov $ ` PLANNING SERVICES „ DEPAI NT OF ,, PHONE(303)356-4000 EXT.4400 r0 -.� 915 10th STREET _:_- F GREELEY,COLORADO 80631 •Y, ti pi __ 1 CASE NUMBER Amend SIIP-386:86:58 COLORADO January 5, 1987 TO WHOM IT MAY CONCERN: Enclosed is an application from Coors Energy Company for a surface mining and ash disposal facility. The parcel of land is described as part of Section 25, 26 and 36, all in T3N, R64W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2 miles north of Keenesburg on Weld County Road 59. " This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by January 24, 1987, so that we may give full consideration to your recommendation. Please call Keith Schuett if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request. (does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this f1_/is \ s L the interests request (is/is not) CU111j;at.iblc with tua Lutciaa:5 of our town for the following reasons: 3. X We have reviewed the proposal and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. n Signed: 4c�y/ r Agency: 4.4.07v xi y .u�4 �ILLJLI.�/ Date: /— /,3 8' 7 JAN 141987 r 1,. ice, Weld Co. Planning ComBisviOD DEPAR' :NT OF PLANNING SERVICES PHONE(303)356.4000 EXT.4400 4„, % 915 10th STREET ter'! GREELEY,COLORADO 80631 CASE NUMBER Amend SUP-386:86:58 ...,, -_ ,4 , --- , O COLORADO January 5, 1987 TO WHOM IT MAY CONCERN: Enclosed is an application from Coors Energy Company for a surface mining and ash disposal facility. The parcel of land is described as part of Section 25, 26 and 36, all in T3N, R64W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2 miles north of Keenesburg on Weld County Road 59. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by January 24, 1987, so that we may give full consideration to your recommendation. Please call Keith Schuett if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this _ request (is/is not) compatible with the interests of our town for the following reasons: 3. V We have reviewed the proposal and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: , . p2 Agency: Date: 14- ) Ic187 f JA 16198 U /7.2.,CDOH c : Crier-Ja obson via Chotvacs Weld Co. Planning Commission DEPAR ENT OF PLANNING SERVICES l� PHONE(303)356.4000 EXT.4400 r,v „ :,lo �u 915 10th STREET GREELEY,COLORADO 80631 11 i u CASE NUMBER Amend SUP-386:86:58 ,:: 4 -`'-' :!,(6' C'eLARADO January 5, 1987 TO WHOM IT MAY CONCERN: Enclosed is an application from Coors Energy Company for a surface mining and ash disposal facility. The parcel of land is described as part of Section 25, 26 and 36, all in T3N, R64W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2 miles north of Keenesburg on Weld County Road 59. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by January 24, 1987, so that we may give full consideration to your recommendation. Please call Keith Schuett if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request. (does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. I We have reviewed the proposal and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: Agency: f),V 1�5�oN o'( WdiaVa�e_ Date: 1115/ 7 , F E Tyr Tt l 1\ 1-1(;;;1 � M!✓� t i `--� lJ Li ,J -11 I L) I_I \�_ U NLFH. I � �lli;i� I I ,r 1 _ \: '!17-111T7,) �J To Keith Schuett, Planning April 15, 1987 __!I_J L�JU_ �: y O2Z/n.Sao.) From Drew L. Scheltinga, County Engineer Subject: Coors Energy SUP-386:86:58 In a previous memorandum, I indicated Coors should be required to place a final two inches of asphalt on Weld County Road 59 in accordance with requirements of the original special use permit. However, if the truck trips have reduced to less than ten trucks per day, as indicated in Mr. Althouse's letter of March 20, 1987, an additional two inches of asphalt would not be necessary. Because of the existing condition, I feel it would be fair to require Coors to patch existing damaged areas prior to standard chip seal treat- ment that would be done_by Weld County. There is a possibility this work could be performed in 1987, but the work should be scheduled no later than the 1988 construction season. Also, should the truck traffic increase to twenty-five truckloads per day, the original requirement for an additional two-inch left should be adhered to. DLS/dm cc: Commissioner Bill Kirby Planning Referral File: Coors Energy Company SUP-386:86:58 u t of6 • E ^e •; ? , 'k p,e' f , r4,1 • 0, - Keith Schuett ® To Planning Department Date January 28, 19 COLORADO From Drew L. Scheltinga, County Engineer - �^ - Subject: Coors Energy Company SUP - 386:86:58 In November of 1980 Adolph Coors entered into an agreement with Weld County to upgrade and pave Weld County Road 59 as a part of a Special Use Permit for the coal mine. The road was constructed in the spring of 1980. The original design called for 6" of hot bituminous pavement. During the construction there were many problems encountered with moisture and clay sub-soils. Therefore, it was decided to delay the final 2" of pavement until the coal hauling had begun in order to identify weak areas that need repair. Attached are letters dated May 8, 1981 from Sonja Grevillius of the Adolph Coors Company and June 2, 1981, from myself. The final 2" lift of asphalt still has not been placed because the hauling traffic has not been as intensive as originally estimated. I recently inspected the road and found approximately 12 locations where repairs had been made and noted approximately three others where repairs are needed. Also, I noticed the surface shows a raveling condition that should be corrected. I recommend the applicant be required to repair any faulty areas to the depth of the original design including a fabric underliner followed by the placement of a 2" overlay which would complete the original design thickness. The areas to be repaired should be determined this spring with a joint inspection effort between Coors and Weld County. DLS/bf xc: Planning Referral File: Coors Energy Company SUP criqA.g\i)7 4; JAN 28 1987 weld Cu. Planing uiliiiiksSifn, • A t ENN l-\n-3.SAL�-,-- • DEPART NT OF PLANNING SERVICES .._ `� a PHONE(303)356.4000 EXT.4400 r 915 10th STREET VIR GREELEY,COLORADO 80631 s' '. _, i ,,:. ,, , : O CASE NUMBER Amend SUP-386:86:58 C•LO ' AID * January 5, 1987 TO WHOM IT MAY CONCERN: Enclosed is an application from Coor's Energy Company for a surface mining and ash disposal facility. The parcel of land is described as part of Section 25, 26 and 36, all in T3N, R64W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2 miles north of Keenesburg on Weld County Road 59. . . This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by January 24, 1987, so that we may give full consideration to your recommendation. Please call Keith Schuett if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request. (does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the proposal and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. 1 a e er to the enclosed letter. -- Signed: Agency: /---i,v,i I 2_ If---,_ in ' Date: 1 (2,6/67 _ v ,A{ Sfi k at0 ai= ₹�,r" yam, �1l $ � 'a �` 3 V 947 Witt - Planning Department February 6, 1987 � YM To Dote l - *" ® Wes Potter, Director Health Protection Services ( j//) C® AD�� From Fly Ash Disposal at Coors Energy Site at Keenesburg, CO Subject. The staff of Health Protection Division recommends for approval with the following conditions: 1. The applicant shall dispose of only those materials from sources which have been reviewed and approved by the Health Department staff. Laboratory analysis of a sample of ash from each source is required to be submitted for review and approval. 2. Fly ash and or Bottom ash shall be transported in a manner that will prevent any fugative dust from leaving the transport vehicle during loading, transport and off loading. 3. The disposal site shall be maintained in such a manner as to prevent any fugative dust from blowing or drifting off the immediate disposal site at any time. Sufficient water spray and/or cover material shall be available to be applied in order to abate dust conditions at any time necessary. 4. The disposal cells shall have a minimum of four (4) feet of soil, regolith, mantlerock, or bedrock material between the top of the groundwater table and the floor of the deposited ash waste pit. The site shall have a minimum of four (4) feet of cover over the ash at final grade. 11W91.7?-1" ! FEB 6 1987 Weld Co. %n,irig Corrawf p i . ` DEPAR' ENT OF PLANNING SERVICES I. li PHONE(303)356-4000 EXT.4400 pf ., 915 10th STREET �i. 1. ._a GREELEY,COLORADO 80631 : CASE NUMBER Amend SUP-386:86:58 .. r o RECEIVED COLORADe° January 5, 1987 JAN 07 1987 TO WHOM IT MAY CONCERN: COLO. L SURV Enclosed is an application from CoorTs Energy Company for a surface mining and ash disposal facility. The parcel of land is described as part of Section 25, 26 and 36, all in T3N, R64W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2 miles north of Keenesburg on Weld County Road 59. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by January 24, 1987, so that we may give full consideration to your recommendation. Please call Keith Schuett if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. X We have reviewed the proposal and find no conflicts with our interests. • 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: Agency: dee. Date: X64# nor. ,!J,0 , . ef'cOt(- W0 WE-87-0017 9 , co) < N p l RICHARD D LAMM JOHN W ROLD GOVERNOR * � M * DIRECTOR *1876� COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING-1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE(303)866-2611 January 29, 1987 Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Dear Planner: RE: SPECIAL USE REVIEW, COORS ENERGY COMPANY, S25,26,36,T3N,R64W We have reviewed this request and find that this proposed land use is compatible to the geology and geologic constraints of the area. This opinion is based on our knowledge of the area, geology of the area and an on-site inspection that was done in regard to the coal mining operation. If you have any questions, please call. Sincerely, L. R. Ladwig, Chief Minerals Fuels Section bjj:LRL-87-124 3334/20 Pgg Enclosure (1) FEB 21987 qialfl go. plan i i Eutraises GEOLOGY STORY OF THE PAST...KEY TO THE FUTURE $ $ /' (fi:co-tc N �{ o' DEPARTMENT OF NATURAL RESOURCES ., * t___fi *� David H.Getches,Executive Director * -*j MINED LAND RECLAMATION DIVISION '' ,. I___ DAVID C. SHELTON, Director s��a! ` Richard D.Lamm 1.•��'1 1;`t j','�il rr." ,_ ,n ,� i:. •' `�/,. . Governor �--, - _' ._ ;d.;a:�' ,,�I ��: • •: .f�,�,��. it :I DEC 2 2 „....,..._,4 igeef December 16, 1986 cRLEELE'. co%o. Weld County Commissioners Box 758 915 10th st Greeley, CO 80632 Re: Keenesburg Strip Coal Mine Permit Approval - File No. C-81 -028 Dear Weld County Commissioners: Pursuant to Rule 2.07.4(3)(d) of the regulations of the Colorado Mined Land Reclamation Board for Coal Mining, you are hereby notified that a Permit Revision No. 1 (extend permit area to mine b-pit) to the existing coal mining and reclamation permit was issued to Coors Energy Co on December 14, 1986 for the Keenesburg Strip Mine. The surface mining operation is located approximately 4.5 miles north of Keenesburg, Colorado and is accessed from Keenesburg by Weld County Roads 18 and 59. The area affected by the permit revision is a 233 acre tract known as the B-Pit area and is more specifically described as follows: E 1/2 NW 1/4, and W 1/2 W 1/2 NE 1/4, and N 1/2 N 1/2 SE 1/4, and NE 1 /4 SE 1 /4, and SE 1 /4 SE 1 /4 of Section 26, T3N, R64W, 6th P.M. of Weld County. W 1/2 SW 1/4 of Section 25, T3N, R64W, 6th P.M. of Weld County. The B-Pit area is directly west of the original 5-year permit area where A-Pit is located. Please contact me if you have any questions, at your convenience. Sincerely, .__ _,„.. a,z4„7-4,-, Thomas A. Schreiner Reclamation Specialist 1801G 71 ITAT07 If ,,,,.:,, 2 21986 ad 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (30Ut-bgt* O,Ti'ai�+�-i"tol /,c�OF•COO =( p, DEPARTMENT OF NATURAL RESOURCES .E * �, *, David H.Getches,Executive Director � -NtN' */ MINED LAND RECLAMATION DIVISION ''. _187� DAVID C.SHELTON, Director Richard D Lamm 0, Governor • • Y Efl liJ,`IY C:,:_.:::_J.73 _ ��{ 3 November 5, 1986 r, ., NOV 1 719B Weld County Commissioners =__ 915 10th Street GF,E[ Y, GL L2 Box 758 Greeley, CO 80632 Dear County Commissioners: The Colorado Mined Land Reclamation Division proposed to renew Mining Permit No. C-81 -028 on November 03, 1986 which will allow coal mining and reclamation operations to continue at the Keenesburg Strip Mine under the provisions of the Colorado Surface Coal Mining Reclamation Act of 1979. The permit pertains to Coors Energy Co, Box 359, Keenesburg, CO 80643, (303) 659-8520, for their mining operation located in portions of Sections 25, 26, 36, T3N, R64W, 6th P.M. in Weld County. Copies of the proposed decision are available at the Colorado Mined Land Reclamation Division, Centennial Building, Room #423, 1313 Sherman Street, Denver, Colorado 80203, (303) 866-3567. Sincerely, ...74-. a,./d.....- Thomas A. Schreiner Reclamation Specialist TAS/bdc 1520G 870274 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 6d mn YLb STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH toe coo 4210 East 11th Avenue �90 Denver, Colorado 80220 Phone (303) 320-8333 UM �� : 57„7,177171, 7=1",-7, sus -' -" 4 Roy Romer March 9, 1987 E LIAR 161987 Governor ' Thomas M Vernon, M.D 9./s5 ,mh. - rl Executive Director Weld County Board of GFIEE' '' County Commissioners Certified Mail No. P12201549 Box 758 Return Receipt Requested Greeley, Colorado 80632 Gentlemen: The Hazardous Materials and Waste Management Division of the Colorado Department of Health (the Department) has completed its review of the operational plan and engineering report submitted November 13, 1986, by Coors Energy Company. The proposed site is located approximately 8 miles north of Keenesburg at the Coors Keenesburg Mine. The application was reviewed to determine if the proposed facility could comply with the minimum standards of the Solid Wastes Disposal Sites and Facilities Act, Article 30, Title 20, Part 1, C.R.S. 1985, as amended, and with the regulations promulgated thereunder, 6 CCR 1007-2. Contained within the application are the following major commitments agreed to by the applicant: 1. The site will dispose of fly ash and bottom ash from the Coors Golden power plant along with small amounts of wood, paper, and scrap from site mining activities. The ash will consist of approximately 50% fly ash, 50% bottom ash and contain 30% moisture by weight. Approximately 100 cubic yards will be disposed of per day. 2. Ash disposal will occur seven days a week, from 3:00 a.m. to 11:00 p.m. 3. The dragline operator and dragline oiler along with the dozer operator will construct the disposal areas and truck drivers will unload the ash. 4. Records will be maintained at the site on incoming wastes, water quality monitoring, and variations from approved operation procedures. 1� Weld County Board County Commissioners March 9, 1987 Page two 5. The ash disposal areas will be located in the area designated as B-pit and will be approximately 25 feet deep, 120 feet wide, and 162 feet long. Disposal of ash will take place at approximately 40 feet above the "spoils" water table. The mining plan requires that the dragline prepare a bench to work on at 4775 feet elevation. This requires that a working area be left at the end of the pit to allow room for the dragline to move over to the next pit. The holes left at an elevation of 4775 feet from the dragline will be utilized for the ash disposal areas. Ash will be dumped into the holes from the edge and will progress northward. Intermittently, clay will be placed over the ash to inhibit fugitive dust and leaching due to precipitation. Full ash areas will be dozed down and covered with clay. 6. Cover will be applied for fugitive dust control as needed. 7. Final cover will consist of a minimum of 2 feet of cover and 1 foot of topsoil. 8. If any unforseen impact to the environment occurs due to the site, Coors Energy will immediately begin remediation and notify the Colorado Department of Health and the Mined Land Reclamation Division and immediately begin remediation. 9. Closure of the disposal areas will include returning the site to its approximate orginal contour and revegetating the area. 10. The existing groundwater monitoring program will continue after closure until the Mined Land Reclamation Division determines it is no longer needed. Based upon review of the application, this Division has made the following findings: 1. Fly ash and bottom ash constituents are liable to change as coal sources and boilers change at the Golden plant. 2. The facility sumps and sedimentation ponds appear to have the potential of impacting groundwater and/or ash disposal areas. 3. A waiver from section 4.6.1 which requires daily cover was implied. 4. The working face of the ash disposal areas will be very extensive at approximately 120 feet across. I{ . March 9, 1987 page three 5. Ash wastes will possibly be exposed for extensive periods of time prior to covering and will be subject to precipitation and wind impacts. 6. Intense surface water run-off events could potentially wash exposed ash out of the disposal areas into the bottom of B pit. 7. The present groundwater monitoring program does not provide adequate representation of groundwater that will be directly downgradient of the ash disposal areas. It is this Department's assessment that if the proposed facility is constructed and operated as designed to include this Division's recommendations, the facility can comply with the minimum standards of the Solid Wastes Disposal Sites and Facilities Act, Title 30, Article 20, Part 1, C.R.S. 1985, as amended, and with the Department regulations adopted pursuant thereto. The Department's approval is contingent upon the inclusion of the following recommendations as part of the Certificate of Designation, if issued. 1. Annual fly ash and bottom ash analysis which must include but not be limited to E.P. toxicity, must be submitted to the Department. In addition if at any time a boiler, or source of coal is changed at the Golden plant, E.P. toxicity analysis of fly ash and bottom ash must be submitted to the Department immediately. 2. Due to the potential impact of the site sumps and sediment ponds on the ash disposal areas and vice versa, the sump and sediment ponds must be maintained at a distance of 500 feet from the boundaries of the ash disposal areas. 3. Covering of the ash wastes must occur on a regular and frequent basis. Covering of ash wastes with a minimum of six inches of cover material must occur every 48 hour period. 4. The working face or exposed area of ash at any one time cannot exceed 60 feet across. 5. A minimum of two additional groundwater monitoring wells must be constructed and emplaced downgradient (northeast) of the main ash disposal area of B—pit, which will monitor the overburden groundwater. The wells must be constructed in accordance with the Water Well and Pump Installation Contractors Act and the location of the wells must be proposed to the Department and approved. Sampling of the wells must occur on a quarterly basis for the same parameters as required by the Mined Land Reclamation Division for the 1986 monitoring program. Additionally, all quarterly groundwater monitoring data must be submitted to the Department. A4,, a . March 9, 1987 page four 6. Annual records must be submitted to the Department which depict the current status of all ash disposal areas as locations advance. 7. Reclamation (grading, final cover, revegetation) of ash disposal areas must commence immediately upon final filling of an area. 8. All requirements of the Mined Land Reclamation Division must also be met in addition to this Department's recommendations All applicable permits of the Air Pollution Control Division must be obtained prior to the construction and/or operation of any activities for which they are required. If you have any questions, please contact us at 331-4834. Sincerely,AMaggie " Ken Mesch Geologist Chief, Land Pollution Control Section Hazardous Materials and Hazardous Materials and Waste Management Division Waste Management Division MB:KM:clb/O971K cc: John Althouse, Coors Energy Company Tom Schreiner, MLRD w°F c°z° STATE OF COLOFADO h * �7 * Roy Romer, Governor *1876* DEPARTMENT OF NATURAL RESOURCES MINED LAND RECLAMATION D1\4SIQN DAVID C. SHELTON, Director0 D1 UUN,1 01987 Li June 8, 1987 aixsumf. *** FILMED JUNE 15, 1987, WITH COMMUNICATIONS Weld County Commissioners 915 10th Street Greeley, Colorado 80631 RE: Keenesburg Mine - Bond Release Proposed Decision - File No. C-81-028. Dear Sirs: The Colorado Mined Land Reclamation Division has issued a proposed decision for partial bond release for 111 acres of state and private land at the Keenesburg Mine, operated by Coors Energy Company (the permittee). Coors Energy Company has successfully completed backfilling, regrading and drainage control in accordance with their approved reclamation plan. Our current review of the Keenesburg Mine performance bond indicates that the bond is adequate to cover the cost of all current and anticipated reclamation activities. No release of bond amount will occur at this time. A reduction in the bond amount may occur after the permittee has demonstrated successful revegetation on the 111 acres and upon completion of backfilling and grading of remaining strips in Pit A. Please let me know if you have any questions on our bond release decision. Thank you. Sincerely, Thomas A. Schreiner Reclamation Specialist TAS/sak 0313F 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tel. (303) 866-3567 380`-rejg eitowN STATE OF COLORADO N �J *' * Roy Romer, Governor DEPARTMENT OF NATURAL RESOURCES MINED LAND RECLAMATIOII11VSION; DAVID C. SHELTON, Director r=f April 13, 1987 l } A pi, Rt 6 1987 ' Weld County Commissioners , 1 '� 915 10th Street Greeley, Colorado 80631 'err-`` Re: Bond Release at the Keenesburg Mine - File No. C-81 -028 Dear Sirs: The Mined Land Reclamation Division will be conducting a site inspection at the Keenesburg Mine on May 8, 1987, 10:30 a.m. The purpose of the inspection is to evaluate backfilling and grading and revegetation work completed during the past several years. If the reclamation work proves to be adequate, then a partial release of bond will be granted. The Keenesburg Mine is a small surface mine located on state and private land and is operated by Coors Energy Company, a subsiding of the Adolph Coors Company, Golden, Colorado. The mine is approximately seven (7) miles north of Keenesburg, Colorado and is accessed by Weld County Roads 18 and 59. Enclosed is a general location map. Anyone with an interest may request to accompany Mined Land Reclamation Division specialists on the inspection. If you have any interest in attending, please contact me at 866-3567 by May 1 , 1987. Sincerely, Thomas A. Schreiner *** This document was filmed with April 20, 1987, Reclamation Specialist Reports & Communications TAS/vjr Enclosure(s) 8849F J, ' ''„ 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tel. (303) 866-3567 ;i, Location of Keenesburg Surface Mine X . N LARIMER ER WELD 1 US 85-87 Greeley \ I \US-34 _ Mine Site 1-25 III Roggen MORGAN Keansburg I I 1-76 ADAMS ---,i- DENVER COi)\ RICHARD D LAMM Q . 's� 9�' JERIS A. DANIELSON Governor State Engineer '1876 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 January 29, 1987 Mr. Keith A. Schuett Weld County Planning Department 915 10th Street Greeley, CO 80631 RE: Coors Energy Company SUP-386:86:58 Sec. 25, 26, 36, T3N, R64W Dear Mr. Schuett: We have reviewed the above referenced proposal to use a 233-acre tract of land to dispose of ash waste from a coal mining operation. Water for personal use and dust suppression will be obtained from two wells into the Laramie-Fox Hills Formation, Permit Nos. 24650 and 24651-F. As long as these wells are operated in accordance with the conditions of their permits, we have no objections to this proposal. Sincerely, Hal D. Simpson, P.E. Deputy State Engineer HDS/JCM:cic cc: Alan Berryman, Div. Eng. Steve Lautenschlager o CEIV E FEB 21987 Weld Co.Planning Commission 1 • 1 n•. ,' / !I ■� ZZ ; is N A 21 !2 a N !0 I. -._ __- --1•� is t --- .�! at • za 27 I•• a !• Jo a a 37 24 21 30 13 2• 27 J d !e i• !. '• Canal • !! )4 I 33 K !1 32 !! s• !• K !1 f! !! 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'�1 •O , • 4 _ t3 ' 0 (7 4 8/4/ 1/ • •• •.,, ,1•,:,•••.;:r: . y-� ':,.•i• .4 ' O 4 114b0 CO .. ! ... ,.. . a . '... ,...;..,!..,..1!...i.,. . t.;::,:; :„., • 2 C3N • 1\. 1::::.:-.....'" 0 e ( ii.,/ yi\P") , . , „.„.. ... , . .._. ,.. 2,...,...,,:i ,..I.4 .:.i::.4.,,,,‘ .:.,..7.:tts- d'a . Wincfma* 'r• O O 4�2 '•vim•'• rt _i• -0 r•r�. Sri+`©-// Q l;°O O� • •• • ©• ^' -.V 4, '•0.' 444 . �.1. = '4 dm 1. %\I `; \ I 1149 5 . X 4887 n 0 O • S rt` -. -•C• ' ' '''. : • •os ,i Z • ••• .• ‘ !i .. , \o u, Q '\Ni\• , pp_: 'Y O© \ • 8.30 :\; ob0 ,• • . . .1 ' •I . -/ ' • 00 �. M l.J. 485p �OlO \,5' S '•.., ',.4.4.4•'• 't`f r :• �/ �,"II ' © V s t•I'.�'`•' ,-/�?:•>• .7•.111"f+ •ti•'r�� '\c..f' .• : 11=r . '••�:�.. O, .7 ) 'o • '61,, • ' '/�a....*.l r'!.L,L,j,'•{'si��;5::;%,',-;''.e.1.1 :A It .;t: • r t,S• `r 'p . . n, r, ^ �//� ^ c ooh o OCT 1 1979 J CD 883 Recorded at — o'clock/ , e, as 042 Reception No. d-CounRecKonrder � „,-, L. F. RANCH COMPANY, a Colorado corporation i whose address is State Documentary Fee 1 79 I o` County of Weld , State of Date -�-r�r--� '" O • Colorado , for the consideration of Seventy- 1.2 "'- Nine Thousand Seven Hundred Seventy-Six and 40/100 dollars, in hand paid, hereby sell(s) and convey(s) to DOLPH COORS COMPANY, a Colorado corporation. c County of e whose legal address is Golden, Colorado 804 01 , a' ao �- Jefferson , and State of Colorado the following real property in the •=t' o County of Weld , and State of Colorado, to wit: o O 0 G, Parcel A: The S 1/2 of Section 25, Township 3 North, Range 64 West 0. of the 6th P.M. I I Parcel B: That part of the NW 1/4 of Section 25, Township 3 North, o CD Range 64 West of the 6th P.M. lying South and West of a line ex- tending diagonally from the Northwest corner of said Section to the center of said Section. 4 EXCEPT any and all right, title and interest in and to all minerals 4 or mineral rights in and to the above-described parcels of land. VO N. • Documentary Fee: $7.98 aleo-known as Street and number with all its appurtenances, and warrant(s) the title to the same, subject to the general taxes for the year 1979 and subsequent years , easements , rights of way, reservations and restrictions of record, zoning and ' building restrictions . -4 �•�•rSigfn this 4th day of June 19 79,_ - L. F. RANCH CEO AY, a Colorado s 1 ;C p A". .,ii corp o;" President l) ora l _ 10RA -' By. - -^ Secretary ` STATE OF COLORADO, ss. County of Weld The foregoing instrument was acknowledged before me this 4th• - day of June • 1g 79 ,by W. D. Farr, as President, and Stow L. Witwer, � as Secretary, of L. F. Ranch Company, a Colorado Corporation. My Commission Expires - M iRflx}}fn;ssion expires November, 1982. .,e , \f.,.s. ibisq�+,�}i$�' and and officia 8, i? • .‘` ,.;ilk ./ Notary Public • •a;1. ' UB-k-\ Q :s' '''"onin,,t11ioo No.897. Warranty Deed—Short Form—®1978 Bradford Publiah,ng Co.,1846 Stout Street,Denver,Colorado(573-5011)-3-78 O EXHIBIT A NI/4 COR. 5/8°REBAR LS 10945 NE COR. NW COR. 5/8°REBAR LS 10945 N 89°0457"E 5/8��REBAR NN.P.O. 2637.03' 2637.03' 1 IN re) S I N 93'0 • y/9'' lei 0. 0l G c° N _N N fn c0 kt>� M H . CENTER SEC. 5/8"REBAR LS 10945 E 1/4 COR. WI/4 C0R. 543'IRE.BAR 2635.64' N 89°071151'E 2635.63' LS 10945 LS 10945 Section 25, 7-3N, R64W • 0 I-- oi • 13 o M 398.882 ACRES N O (o N N n 0) In W W -N N • -J M1 I t Q M • M " co o o O O z N M . o �� SE COR. TPOBNO S 89°09'351'W 2634.25 S89 09 35 W 2634.25 5/B'IREBAR SW C0R SEC.25 T3N,R64W SI/4 COR. LS 10945 5/8°REBAR LS 10945 . 5/8°REBAR LS 10945 • ----•-- = BOUNDARY LINES • • CERTIFICATE I , CREIGHTON R . MOORE , A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO , HEREBY CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. UNR 4 109451_,‘,. CRE3GH�'ON R. MOORS h L . S . NO . 10945•F OF, c —29— ,I r ADDENDUM TO OIL, GAS AND MINERAL LEASE DATED APRIL 3, 1970, BY AND BETWEEN ALFRED G. HEYDE AND MARY M. HEYDE, LESSORS, AND T. S . PACE OF DENVER, COLORADO, LESSEE AND SUPPLEMENTAL AGREEMENT This Addendum and Supplemental Agreement is made this 21st day of September , 1979, between and among Alfred G. Heyde and Mary M. Heyde. (hereinafter "Heyde" ) and Adolph Coors Company, a Colorado corporation, with offices at Golden, Colorado (hereinafter "Coors" ) , in consideration of the terms , conditions and covenants set forth herein. RECITALS A. Coors holds, by virtue of an assignment dated April 26, 1977, and a revised assignment dated January 11, 1978, from Amoco Production Company, a Delaware corporation, with an office in Denver, Colorado, all of the . right, , title and interest of the lessee under a certain Oil , Gas and Mineral Lease executed by and between Heyde, as lessor, and T. S . Pace, as lessee, on April 3 , 1970, and recorded in the office of the Clerk and Recorder for Weld County, Colorado, at Reception No. 1547400 (hereinafter "sa Ld lease" ) , insofar as said lease covers mine' and mineral interests other than oil, gas and other liquid hydrocarbons lying in and under a certain tract of land, as follows : Township 3 North, Range 64 West, G Ui P .M. , Weld County, Colorado Section 26 : NE 1/4 13 . In said lease lessor leased to lessee oil, gas and other hydrocarbons, and without restriction to such enume::ated minerals, all other mil:cra3.s whether: similar or . .... . dissimilar to those particularly specified therein for the purpose of investigating, exploring, prospecting, drilling and mining for and producing such minerals . Said lease provides for the payment of specified royalties on oil, gas and sulfur and for a royalty of . either in kind -30- ' or until Coors ' reclamation bond on subject. property is released by the Mined Land Reclamation Board of Colorado or its successor. ' 2 . Scope of Addendum• and Supplemental Agreement; Relationship to Said Lease. This Addendum and Supplemental Agreement shall be applicable to mining opera • - tions for coal at the mine ( as hereinafter defined) and to all other matters covered herein. Until terminated as • herein provided', this Addendum and Supplemental Agreement shall supersede said lease with .respect to any conflict or inconsistency between this Addendum and Supplemental Agreement and said lease. . Where there is no conflict or inconsistency between them, this Addendum and Supplemental Agreement and said lease shall be construed together, in which event the Addendum and Supplemental Agreement shall be construed as incorporating,• adding to and clarifying the terms and conditions of said lease. Assignment, sur- render, cancellation or termination of said lease as it pertains to oil, gas and other liquid hydrocarbons, shall not operate to assign, surrender, cancel or terminate this Addendum and Supplemental Agreement and those portions of said lease which are incorporated herein. The rights of either party hereunder may be assigned, in whole or in part, and the provisions hereof shall extend to the heirs, successors and assigns of the parties hereto. 3 . Surface Mining. Coors is hereby further granted as the lessee under said lease the exclusive right to conduct mining operations for coal by ahy and all methods, including, but not limited to, surface mining, auger mining or underground mining, such method or methods to be deter- mined by Coors within its sole discretion. 4 . Logical Mining Unit. Wherever it ap- pears in this Addendum and Supplemental Agreement the term "the mine" shall refer to subject property and to . adjacent or nearby properties . The term "adjacent or r -31- -- I • . (2 ) If Coors has reason to dispute the occurrence or existence of any asserted default or non- compliance, Coors shall so notify Heyde in writing within 30 days after Coors ' receipt of Heyde ' s notice of such ' default or non-compliance. Then, in such event, the par- ties shall confer with each other and attempt in good faith to resolve such dispute. • If, at the end of 60 days from the date of the notice of dispute, the parties shall * not have .fully resolved the dispute to their mutual satis- faction, either party may seek judicial determination of the matter or matters in dispute by , appropriate legal action in the District Court in and for Weld County, Colorado. Neither party shall, by virtue of having .conferred or at- tempted to resolve the dispute between them in the manner described herein, be held to have waived any right or remedy to which it otherwise would have been lawfully en- titled. Coors shall not be required hereunder to commence or attempt to cure any asserted default or non-compliance which it in good faith disputes unless and until (i ) Coors agrees to do so within the 60 days provided hereinabove for resolution of the dispute or (ii ) Coors is adjudged to be in default of or non-compliance with this Addendum and Supplemental Agreement or any of its terms, provisions or conditions by the final judgment of said District Court. IN WITNESS WHEREOF, this instrument is executed as of the date above written. Alfi�'ed G. He de )� Y Ma y M. Heyde cJ ADOLPH COORS COMPANY By ' ' �►l'C L. C. Sund Senior Vice-President • .s 8. Robinson • Assistant Secretary -32 • - r ••• • • • • EXHIBIT A • • N I/4 COR.S EC.26 • 5/8"REBAR NE COR. SEC.26 LS 10945 N89°31'45'E 2625.51' 5/8"REBAR ° LS 10945 9 60.00' •�'D • O 0 • 0 U 0 • p p Le, c° to • ao • • 81°p01Q"� S84°51'18"� 167593.7-* M -to . O O aS —_ W NE a NW COR. ? • SI/2,NE NE 1/4 SI/2,NEI/4-n NORTH LINE SI/2, NE I/4 io 0 SECTION 26, T3N , R64Y/ • �o N 0 V� %I N• z 105.358 ACRES M N O N .,0 O T;j N . J <1 • In S 89°24'47"W 2633.50' CENTER SEC. 26 E 1/4 COR. SEC.26 T3N,RG4W • 5/8"REBAR LS 10945 5/8"REBAR LS 10945 BOUNDARY LINES = • CERTIFICATE I , CREIGIITON R . MOORE , A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO , HEREBY CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY ' KNOWLEDGE. AND BELIEF . • • • C]ZllGl4• ON R . MUORL� t 10045 L . S . NO . 10945 ter••,• ttti,• nf.• •1;,11 ��;r • • • • -33- J _ ADDENDUM TO OIL, GAS AND MINERAL LEASE DATED FEBRUARY 16 , 1970 BY AND BETWEEN TWO E RANCHES, INC. , LESSOR AND T. S. PACE OF DENVER, COLORADO, LESSEE AND SUPPLEMENTAL AGREEMENT This Addendum and Supplemental Agreement is made this 27th day of June , 1978 , between and among TWO E RANCHES, INC . , a Colorado corporation (hereinafter "TWO E") and ADOLPH COORS COMPANY, a Colorado corporation, with offices at Golden, Colorado (hereinafter "Coors") , in consideration of the terms , conditions and covenants set forth herein . RECITALS A. Coors holds , by virtue of an assignment dated April 26 , 1977 and a revised assignment dated January 11 , 1978 from Amoco Production Company, a Delaware corporation with an office in Denver, Colorado, all of the right, title and interest of the lessee under a certain Oil, Gas and Mineral Lease executed by and between Two E, as lessor, and T. S. Pace, as lessee, on February 16 , 1970, and recorded in the office of the Clerk and Recorder for Weld County, Colorado, at Reception No. 1544560 and re-recorded at Reception No. 1560586 (hereinafter "said lease") , insofar as said lease covers minerals and mineral interests other than oil, gas and other liquid hydrocarbons lying in and under a certain tract of land, as follows: . Township 3 North, Range 64 West, 6th P .M. , Weld County, Colorado Section 26 : NW 1/4 , S 1/2 . B. In said lease lessor leased to lessee oil, gas, other hydrocarbons , and without restriction to_- such_ enumerated minerals , all other minerals whether similar or dissimilar to those particularly specified therein for the purpose of -34- said lease which are incorporated herein. The rights of either party hereunder may be assigned, in whole or in part, and the provisions hereof shall extend to the heirs, successors and assigns of the parties hereto. 3 . Surface Mining on Tract 1. With respect to Tract 1 Coors is hereby further granted as the lessee under said lease the exclusive right to conduct mining operations for coal within said Tract 1 by any and all methods including but not limited to surface mining, auger mining, or underground mining, such method or methods to be determined by Coors within its sole discretion. 4 . Two E ' s Consent for Tract 2. With respect to Tract 2 Coors, in further consideration of the sum of $10, 000 • cash paid to Two E, the receipt and sufficiency of which is hereby acknowledged by Two E, is hereby granted the consent of Two E, as owner of the surface but not the coal estate, to have surface access and to conduct mining operations for coal thereon according to the terms and conditions of this Addendum and Supplemental Agreement by any or all methods including but not limited to surface mining, auger mining or underground mining, such method or methods to be determined by Coors within its sole discretion. 5. Logical Mining Unit. Wherever• it appears in this Addendum and Supplemental Agreement the term "the mine" shall refer to Tracts 1 and 2 and to adjacent or nearby properties. The term "adjacent or nearby properties" shall mean properties under lease to or controlled by Coors for coal which are adjacent to Tracts 1 and 2 or sufficiently near Tracts 1 and 2 that together with Tract 1 or 2 or-portions- of either or both of them, they constitute a single, logical mining unit upon which mining operations are or may be conducted. Tracts 1 and 2 and • -35- • (c) In the event of termination by Coors under subparagraphs (a) (1) or (a) (2) of this section, Two E shall be entitled to retain the payment made pursuant to section 4 of this Addendum and Supplemental 'Agreement. IN WITNESS WHEREOF, this instrument is executed as of the date above written. TWO E RANCHES, INC. Attest: 13y ' . /../, -t1It•: • , L. -c. ( < —_� - i n ,pis mil'_�/ • �" . • ADOLPH COORS COMPANY Attest: _•_ •• By - (. 1.r ,• • ' ��= - '- =''rte•' L. C. Sund, Senior Vice President //T. B. -Robinson, Assistant Secretary ACKNOWLEDGMENTS • STATE OF COLORADO ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me t ' s 1 • day of -‘24"'L' , 1978 , by Y))cc%e-d•• r.,L,_.i,v! as [ p f•odt,c/ and by et• O .(61 as di >4 e...,--1.71A-y• „, of Two E Ranches, Inc. My notarial commission expires Witness my hand and official seal. • Notary Public (SEAL) -36- • TOWNSHIP 3 NORTH , RANGE 64 WEST SEC1IJON 26 SECTION 25 TRACT I 400± AC. • SECTION 35 • .41.4( SSECTION 36 • SCALE I": 2000. • .Exh'/B/ T A • • -37'- i TOWNSHIP 3 NORTH , RANGE 64 WEST SECTION 26 SECTION 25 TRACT II 172± AC. • SECTION 35 SECTION 36 SCALE I": 2000' .EXH/B/ T B i GENERAL CONVEYANCE, ASSIGNMENT AND TRANSFER Adolph Coors Company, a Colorado corporation (herein called "Grantor" ) , for and in consideration of the stock issued to Grantor by Grantee herein, does hereby sell, convey, assign, and transfer unto Coors Energy Company, a Colorado corporation (herein called "Grantee" ) , the following • described properties, both real and personal, and all interests therein, to wit: A. All of the Grantor' s interest, whether it be a fee simple title , a leasehold estate, an option, or some other form of ownership interest, in and to Sections 25, 26, 35 , and 36 , ' Township 3 North, Range 64 West of the 6th P .M. , County of Weld, State of Colorado. B. Any and all licenses, easements, rights of way, or other interests in and to other real property which are • appurtenant to the land described above in this instrument but which run over and across other real property situated in the County of Weld, State of Colorado. C. Any and all permits, licenses, agreements, or other rights, excluding any well permits or other water rights whatsoever, which the Grantor has acquired from the State of Colorado, the County of Weld, private individuals, corporations, partnerships, other forms of business, or other governmental agencies and which have been granted, assigned, or issued to the Grantor herein in conjunction with its ownership interest or its business operations conducted on and described above in this instrument. Grantee is to have and to hold the above-described property (real, personal, or otherwise) , together with all the rights and appurtenances thereunto belonging, and Grantor does hereby bind itself to warrant and forever defend all and singular the above-described properties to -39- • Grantee , its successors and assigns , against every person whomsoever lawfully claiming or to claim the same or any part thereof. Executed this (. 7/f day of .x1(2eceLL., , 1981 . ADOLPH C ORS COMPANY "' ' •Attest : A Colorado Corporation By ,•, ••••( ' ,' %} Secre ±-s-, ��t.I, Vice President • ' STATE OF COLORADO ) • • ss . County of Jefferson ) • The foregoing instrument was acknowledged before me this ‘- day of. - L54,/,.2“.6,.1.,:i , 19814 by ..., C.!. iez,,I _. . 92, — a \ V ice President and ej •�t��-,t,t ,,_�j /E-(••aii,Je- .. ( '..zi- Secretary of the Adolph Coors Company, a Colorado corporation. Witness my hand and official seal. - ) • •• ,l.Lt'r•.'1-, ( .i:eZ.��l i/ • • - • • Nottry,}�ubl a • ':, ' , . My .,commission expires: t '-`,Z /- ,'/ •,.' . • • • • •• -4'0- • • 3!23/7? F • • c,\ CC) STATE OF COLORADO � �6° STATE BOARD OF LAND COMMISSIONERS / Department of Natural Resources Denver, Colorado COAL MINING LEASE NO. 498/1_S THIS COAL MINING LEASE, Made in duplicate and entered into this 13th day of July , 19 77 , by and between the State of Colorado, acting through its STATE BOARD OF LAND COMMISSIONERS, hereinafter referred to as Lessor, and Adolph Coors Company ti - Golden. Colorado 80401 hereinafter referred to as Lessee: WITNESSETH: Lessor, for and in consideration of the sum of Six hundred forty nine and 50/100 Dollars ($ 649.50 ) , receipt of which is hereby acknowledged as payment of filing fee in the amount of $ 9.50 , first year's rent in the amount of $ 640.00 , and a bonus in the amount of $ , and in further consideration of Lessee's agree- ment to pay One and no/100 Dollar(s) ($ 1.00 ) per acre annually as rental in advance of the anniversary date of this lease so long as said lease shall remain in effect; and in further consideration of the terms and conditions hereinafter stated, and of the payments of royalties reserved herein, to be kept and performed by Lessee, its successors and assigns, does hereby lease to Lessee the right and privilege of exploring and prospecting for, and mining of and taking coal from the lands herein- after described, situate, lying and being in the County of Weld , State of Colorado, to-wit: ACRES SUBDIVISION SEC.TWP.RGE. PATENTS 640.00 All 36-3N-64W None • FUND: School containing 640.00 acres, more or less, together with the right to use as much of the surface thereof as may be reasonably required in the exercise of the right to mine coal, including stiip mining, and the reasonable right to ingress and egress; the right to construct buildings, make excavations, stockpiles, dumps, drains, roads, railroads, power lines, .pipelines and other improvements as may be necessary in the mining and removal of said coal; subject, however, to all existing easements and rights of way of third parties, and the rights of surface lessees and surface patentees, and further subject to the terms, conditions and royalties set out in this lease. The above-mentioned rights may be exercised in connection with the mining of coal from other or adjacent lands only when mining on such lands is carried on in conjunction with the actual mining of coal on the land herein leased. RESERVING, however, to the State of Colorado: A. All rights and privileges of every kind and nature, except as are herein specifically granted. B. The right to use or lease said premises or any part thereof at any time for any purpose, including the right to explore and prospect said premises other than the locating of coal deposits, which use and leasing of said premises shall be for purposes other than and not inconsistent with the rights and privileges herein specifically granted. \\ • -41- . . El -; 4e: C. The right to dispose of or lease the surface. D. The right at all times during the life of this lease to go upon said premises and every part thereof for the purpose of inspecting same, and the books of accounts and records of mineral workings therein, and of ascertaining whether or not said Lessee and those holding thereunder by and from it, are carrying out the terms, covenants and agreements in this lease contained. ;, TO HAVE AND TO HOLD The above-described premises, with the appurtenances, 4 the Lessee, its heirs, successors, assigns, or legal representatives from Twe]. O'clock noon on the 13th day of July 19 77, for the f term of Ten ( 10 ) years, and until Twelve O'clock noon on t 13th day of •T„iy , 19 87 , and, except . 419 , hereinafter stated, as long thereafter as coal is being produced in paying guar from said premises, and the royalty and rents provided for herein, or by any e} sion hereof, are being paid, subject to the following terms, conditions and agr • to-wit: 1. ADVANCE MINIMUM ROYALTY -- As minimum and advance royalty, without relatior the amount of coal mined from the leased premises, Lessee shall pay to Less . the following amounts: r .ly• :, 1 ;,fi*4t LEASE YEAR ADVANCE MINIMUM ROYALTY LEASE YEAR ADVANCE MINIMUM F 1st None 6th _ $6.00 per s+r. 2nd " 7th 7.00 3rd " 8th 8.00 • . 4th II9th 9.00 5th " 10th 10.00 Acreage changes resulting from surrender or partial assignment may reduce t advance minimum royalty proportionately. c; 3- Further, at the end of each five-year period, Lessor may change the rate or of advance minimum royalty to be paid by Lessee. In the event Lessee shall extract coal from the leased premises sufficient to return to the State the imum amounts above specified, it is nevertheless understood that the above of money are due and payable to Lessor whether or not coal is mined, but tt advance minimum royalty shall be credited upon the first royalties due as Y after provided for coal actually produced from said premises. r2. FORFEITURE OF ADVANCE MINIMUM ROYALTY -- In the absence of production of c continuous paying quantities before the expiration date of the lease, all minimum royalties and all rentals shall be forfeited to the State. i 3. EXTENSION -- Lessee may have a preferential right to renew the lease or to a new lease, whichever may be determined by Lessor to be in the best intere the State, under one or more of the following conditions: • A. An advance minimum royalty, the amount to be negotiated before expiration of the lease, will be continuous until the end of the second ten-year term of the lease, or until the expiration :; of the new lease. This amount may be adjusted at the end of each five-year period of the lease. B. Lessee shall furnish to Lessor satisfactory evidence of plans for mining during the second ten-year term or during the ten- year term of a new lease or; C. Furnish adequate geological evidence to Le'sor that the acreage leased is in fact an integral part of and contains reserves in a logical mining unit. Final determination as to whether the acreage is or is not a part of a logical mining unit will be made by Lessor. 4. EXTENSION BY PRODUCTION -- A lease may not be held in perpetuity; however a J } i' I ,, -42- • will continue in effect for so long as coal is produced in paying quantities. Cessation of production for a period in excess of 180 consecutive days will automatically remove the lease from producing status unless otherwise agreed to in writing by Lessor. Lessee shall notify Lessor of each cessation of produc- tion, the reasons therefor, and the time period during which production will or did cease. 5. PAYING QUANTITIES -- Means production sufficient to return royalties to the State equal to the advance minimum royalty but not less than ten dollars per acre per year. 6. PRODUCTION ROYALTY -- Lessor hereby reserves and Lessee agrees to pay to Lessor as production royalty the following: (a) For coal removed by underground mining methods a sum equal to eight percent (8%) of the gross sale price at the first point of sale, and for coal removed by strip mijnjng_me_thods a sum equal to twelve and one-half percent (12 %) of the gross. sale_.price_at the first point of sale, for each and every ton of coal mined from the leased premises or the same percent of the reasonable market value of coal of the same quality from the same general area and mined and marketed under the same general con- ditions, whichever is greater, and shall be subject to review upon demand made by either party. In no case shall the production royalty to the State be less than forty cents (40c ) per ton. If requested by Lessor, Lessee shall furnish proof of price received for all coal sold. Such moyAity.shall be_dye And payable_on_or before the twenty-fifth (25th) day of each calendar month during the term of this lease for coal mined, removed, and sold by Lessee during the preceding calendar month. Lessor reserves the right to reasonably adjust the production royalty rate at the end of each ten-year period of the lease provided the leased premises are held by production. 7. ROYALTY IN KIND -- At the option of Lessor and with six months notice to Lessee, Lessor may take its royalty coal in kind, in which event Lessee shall deliver such royalty coal to Lessor on the leased premises, into slurry pipelines or onto storage piles designated by Lessor, and Lessee shall not in such case be required to provide free storage or pay slurry pipeline charges for any such coal run onto storage piles or into slurry pipelines. 8. OVERRIDING ROYALTY LIMITATIONS -- It is agreed that this lease or any subsequent assignment hereof shall not be burdened with overriding royalties the aggregate of which exceeds 2% of the gross value of the coal at the first point of sale. Lessor must be notified of all overriding royalties accruing to this lease. Violation of the above may subject this lease to cancellation by Lessor. The limited overriding royalties' shall be excluded from the assignment considerations as set forth in the following Article headed ASSIGNMENT under paragraph headed Assignment Consideration. 9. ASSIGNMENT -- Lessee, with written consent of Lessor, may assign this lease as to the leasehold interest of such Lessee in all or part of the lands covered hereby; not less, however, than tracts of approximately forty (40) acres or Governmental lots corresponding to a quarter-quarter section for any partial assignment. - If an assignment of a part of this lease is approved, a new lease will be issued to the assignee covering the lands assigned for the balance of the term of the base lease on the coal mining lease form in use at the time of assignment and limited as to term as said lease is limited, and assignor will be released and dis- charged from all further obligations, and shall be held to have released all rights and benefits thereafter accruing with respect to the assigned land, as if the same had never been a part of the subject matter of this lease. No assignment of undivided interests or retention or reservation of overrid- ing royalties will be recognized or approved by Lessor, and the effect, if any, of any such assignments or reservations will be strictly and only as between the parties thereto, and outside the terms of this lease. No dispute between parties to any assignment or reservation shall operate to relieve Lessee from perform- ance of any terms or conditions hereof or to postpone the time therefor. Lessor will at all times be entitled to look solely to Lessee or his assignee shown on its books as being sole owner hereof, and for the sending of all notices required by this lease, for the performance of all terms and conditions hereof. -43- • • • ASSIGNMENT CONSIDERATION -- The consideration for approval of assignment by Lessor shall be 10% of the value of any consideration tendered to the Assignor by the Assignee for the assignment. Divulgence of the value of these considera- tions shall be mandatory, in affidavit form, which form shall be presented to Lessor along with the other assignment instruments •in order to obtain Lessor's approval for the assignment. An assignment does not constitute a new lease but is a continuation of the base lease. Any attempt to withhold this information shall be construed as an attempt to defraud the State of Colorado and shall ren- der the lease null, void and nonexistent, and all monies paid to Lessor shall be forfeited to Lessor. In addition, the current statutory fees will be paid at the time the assignment record form is submitted. 1O. WEIGHT OF COAL -- It is agreed that all coal mined and taken from the leased premises shall be weighed and the weight thereof shall be entered in due form in weight records• kept for such purposes by Lessee. It is agreed that the term "ton" as used herein means a ton of 2000 pounds of merchantable coal as shown by miners' payroll check numbers or official railroad scale tickets, or by weight determined at the mine tippel, or by weightometer; provided that where Lessor determines that it is not possible to determine accurately the weight by such means it may, by its duly authorized agent or agents, elect to compute a n of c 1 r. 27 cubic feet_ of coal in the solid or by the measurements of the space from which the coal is mined, deducting therefrom all space occupied by slate or other im- purities, and in such case the said computation shall be final and binding upon Lessee. 11. REPORTS -- After operations are begun, it is agreed that on or before the 25th day of each and every month during the term of this lease Lessee will make a sworn report to Lessor, in which report shall be entered and set down the exact amount in weight of all coal mined and removed from said premises and the price at the first point of sale for which the coal was sold during the preceding month, which report shall show the amount of work performed during the preceding month; Lessee shall also, during the term of this lease, make a sworn statement to Lessor disclosing the number of tons of all coal mined from the premises during the preceding year and such annual statements may coincide with Lessee's fiscal years or with official calendar years during the term of this lease. Further Lessee shall furnish a map annually showing all workings, depths and thicknesses of coal with location of same tied to a corner established by United States sur- vey, certified by a licensed surveyor. Maps furnished to the Colorado Division of Mines may satisfy this requirement. Lessee must provide to Lessor, upon request, a complete report on prospect- ing and exploration operations, including geologic interpretations and recover- able reserve calculations, and maps and cross sections showing location of any • coal outcrops, drill holes, trenches, coal bodies and other prospecting and ex- ploration activities. The records required to be maintained by the Lessee and provided to the Lessor upon request include logs of all strata penetrated and all geologic and hydrologic conditions encountered, and copies of in-hole surveys -- this information to be collected and prepared under the supervision of a qual- ified geologist, geological engineer or mining engineer. Other qualified persons may collect and prepare this data if agreed to in writing between Lessee and Lessor Any request to keep certain information confidential should be in writing to Lessor citing the provisions of the law which require confidentiality of the in- formation. • Other documents pertaining to the lease which may be essential to Lessor in making decisions concerning_the lease may be requested by Lessor. 12. OPERATION PLAN -- All plans for exploration and mining shall be submitted to Les- sor for approval by Lessor before these operations begin. 13. ENVIRONMENTAL ANALYSIS -- Submittal of an environmental analysis may be required for approval by Lessor before any exploration or mining begins on leased premises. 14. RECLAMATION -- All plans for restoration and reclamation of leased premises shall be submitted to Lessor for Lessor's preliminary approval before reclamation and restoration begins. Rules and regulations as set forth by the Mined Land Reclama- tion Board of Colorado for recovery and restoration of mined land will apply where applicable to this lease and lands leased herewith. Variations may be granted only with approval of Lessor. ' t -44- . i 15. OTHER STATE AGENCIES -- Instruments and documents required by other State agencies may satisfy certain requirements of this lease. In the event that Lessee is re- quired to file instruments and documents with other State agencies, such as the Mined Land Reclamation Board, State Division of Mines, etc. , Lessee shall notify Lessor of said filing and Lessor reserves the right to request and obtain copies of such instruments and documents. 16. INSPECTION -- It is agreed that during all proper hours and at all times during the continuance of this lease, Lessor or its duly authorized agent, shall be and is hereby authorized to check scales as to their accuracy, to go through any of the slopes, entries, shafts, openings, or workings on said premises, and to exam- ine, inspect, survey and take measurements of the same and to examine and make extracts from or copies of all books and weight sheets and records which show in any way the coal output, coal values, payments and royalties from and of the leased premises, and that all conveniences necessary for said inspection, survey, or examination shall be furnished to Lessor. The Lessor may require Lessee to provide all instruments and documents of any kind and nature whatever which affect Lessee's interests. 17. MINING METHODS -- In the underground and open pit workings, all shafts, inclines, and tunnels shall be well timbered (when good mining requires timbering) and all parts of workings where coal is not exhausted shall be kept free from water and waste materials. The underground and open pit workings shall be protected against fire, floods, creeps and squeezes. If such events do occur, they are to be check- ed in a manner which is in keeping with good methods of mining. Such methods of mining shall be used as will insure the extraction of the greatest possible amount of coal consistent within the law and with prevailing good mining practice, and Lessee agrees to protect the coal beds above and below the coal bed being mined. 18. NOTICES -- It is agreed that any notice required to be given to Lessee under the provisions of this lease shall be sent by certified mail to the address set forth at the beginning of this lease or to such other address as Lessee may indicate in writing to Lessor, and such service by mail shall be deemed sufficient and in full compliance with the terms of this lease. Notice to Lessor shall be given in like manner, addressed to the State Board of Land Commissioners' Denver, Colorado address. 19. PROSPECTING -- A permit to prospect is required and Lessee agrees that while using and operating any drill on or within one-quarter mile of said premises, Lessee shall keep an accurate log on all work so done and performed, showing geological formations penetrated, the depth and thickness of each, the mineral character of each, especially coal and water-bearing strata, the location and elevation of same and tie to a corner established by United States survey, and each and every thing necessary to make a complete log of the hole throughout its entire depth, a true copy of said log shall be furnished to Lessor. Fees are not required for the permit. It is understood and agreed that the methods used in carrying out any program . of exploration, and the rate of progress of such program shall be determined by Lessee. If Lessee carries on any program of exploration, other than drilling, Lessee shall submit to Lessor written reports showing the character and extent of coal prospecting being carried out on the leased premises and giving any details of coal outcroppings or seams which may have been encountered; and Lessor agrees that during the term of this lease all such information so supplied by Lessee shall remain confidential and unpublished insofar as it is consistent with— in the law. 20. PROTECTION AGAINST SURFACE DAMAGE -- Lessee has the right to utilize as much of the surface of the lands as is necessary for mining operations, and shall be liable and agrees to pay for all damages to the surface, livestock, growing crops, water wells, reservoirs, or other improvements caused by Lessee's operations on said lands. Further, it is understood that this lease is subject to surface patents, deeds, and certificates of purchase, and Lessee shall assume responsibilit for all claims arising from damages to the surface caused by Lessee's operations. 21. INDEMNIFICATION OF LESSOR -- Lessee further agrees to hold Lessor harmless for any and all manner of claims arising or to arise from the said leased premises whether from soil or surface subsidence or from any other cause or any other nature whatsoever. -45- • • • 22. BOND -- It is agreed and understood that no operations are to be commenced on the lands hereinabove described unless and until Lessee or his agent has filed a good and sufficient bond with Lessor in an amount fixed by Lessor, to secure the payment for damages caused by Lessee's or his agent's operations on said lands. Lessor reserves the right to grant relief from the foregoing bond re- quirements. Lessor may require bond to be held in full force and effect for one year after cessation of operations for which the bond was intended. 23. COAL MINE GAS -- Methane Gas or other volatile gases produced, saved and/or sold by the coal mining Lessee from mineable coal measures and from roofs and floors of mineable coal measures shall be the property of that Lessee provided that the gas is removed as a mining safety procedure prior to mining and that a royalty be paid to Lessor per the terms set forth in Lessor's then current oil and gas leases. Gas that is uneconomical to produce may be vented or flared provided that the venting or flaring complies with all Federal, State and local require- ments. Methane gas or other volatile gases produced by the oil and gas lessees from the mineable coal measures and from roofs and floors of mineable coal meas- ures prior to mining shall be the property of the oil and gas lessee under the terms of the oil and gas lease, so long as the terms in this paragraph are con- sistent within the law. • "Roof" means the rock immediately above and in contact with the mineable coal measure. "Floor" means the rock immediately below and in contact with the mineable coal measure. • 24. WATER -- If Lessee initiates or establishes any water rights for which the point of surface diversion or ground water withdrawal is on the leased premises, title to such water rights shall, upon termination of the lease, become the property of the surface owner without cost, and title to the water rights shall be conveyed to the surface owner immediately upon termination, except that if Lessor is the surface owner the water right shall be taken in the name of Lessor in the first instance and shall be the property of Lessor without cost. 25. SURRENDER AND RELINQUISHMENT -- Lessee may, at any time, by paying to the State of Colorado acting by its State Board of Land Commissioners, all amounts then due as provided herein, surrender and cancel this lease insofar as the same covers all or any portion of the lands herein leased and be relieved from further obligations or liability hereunder with respect to the lands so surrendered; provided that no partial surrender or cancellation of this lease shall be for less than tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter- quarter section, the rental being reduced proportionately; provided further that this surrender clause and option herein reserved to Lessee shall cease and become absolutely inoperative immediately and concurrently with the institution of any suit in any court of law by Lessee, Lessor or any assignee of either to enforce this lease, or any of its terms, express or implied, but in no case shall surrender be effective until Lessee shall have made full provision for conservation of the minerals and protection of the surface rights of the leased premises. All informa- tion in Paragraphs on Reports and Prospecting above must have been filed with the Board before this lease may be terminated. 26. RIGHT OF REMOVAL -- In the event this lease is terminated by forfeiture, surrender, or the expiration of term, and all obligations of Lessee under this lease are sat- isfied, Lessee may remove all his improvements and equipment from the leased pre- mises within six months from the date of such termination, and such removal is to be accomplished without unnecessary waste or injury to the premises. All improve- ments and equipment remaining on the leased premises six months after the termina- tion hereof shall be forfeited automatically to the State of Colorado, without compensation. Within this time, at the option of Lessor, Lessor may order Lessee to remove any and all improvements, equipment, man-made objects of any type, stock- piles or dumps at cost of Lessee. 27. COMPLIANCE WITH LAW -- Lessee further covenants and agrees that during the contin- uance of this lease Lessee shall comply fully with all the provisions, terms, and conditions of all laws, whether State or Federal, and orders issued thereunder, which may be in effect during the continuance hereof, which in any manner affect or control mining or other operations of Lessee, and Lessee further agrees that good mining methods shall be used at all times of active mining so long as said methods are consistent within the law. —46— 4 , n . H - 28. RIGHTS-OF-WAY -- It is agreed that Lessor reserves the right at any time to grant a right-of-way upon, over or across all or any part of said premises for any ditch, reservoir, railroad, communication system, electric power line, or pipeline, school house or other lawful purpose; but that such grants shall be subject to the rights of Lessee. 29. ARCHAEOLOGY -- It is contrary to State and Federal law to excavate, appropriate or disturb any historical, prehistorical or archaeological site or resource on any public lands or lands administered by the State Board of Land Commissioners. Discovery of a suspected site or resource shall be immediately brought to the attention of Lessor and the State Archaeologist or Lessee shall provide evidence that no significant archaeological sites exist on the leased premises which could be destroyed by Lessee's operations. 30. FORFEITURE -- It is agreed that if for any reason Lessee shall fail to keep each and every one of the covenants and conditions herein, and breaches any condition hereof, and such default continues for a period of thirty (30) days after service of written notice thereof by certified mail'upon Lessee, Lessor shall have the right to declare this lease forfeited, and to enter onto the leased premises or any part thereof, either with or without process of law, and to expel, remove and put out Lessee or any person occupying the premises, using such force as may be necessary to do so. In the event of the termination of the lease by reason of breach of the covenants herein contained, Lessee shall surrender and peaceably deliver to Lessor the above-described premises, and such premises shall be in good mining condition. If, upon termination of this lease for any reason, whether by surrender, forfeiture or expiration of term or otherwise, Lessee shall not have fully complied with the terms of the lease, Lessor shall hold and retain posses- sion of the property, improvements, and equipment of Lessee as security unto Lessor for the payment of rents and royalties due it, or to protect it against liens, or to indemnify it against any loss or damage sustained by it by reason of the default of Lessee, for which purpose Lessor is hereby given a lien upon all such property, improvements, and equipment, which lien shall attach as the same are placed upon the premises. In the event Lessor shall foreclose the lien in this article given to it by Lessee, Lessor may itself be a purchaser at any sale thereof under such foreclosure. Upon the ter.ination of this lease for any cause, if Lessee shall remain in possession of said premises, he shall be guilty of an unlawful detainer under the statutes in such case made and provided, and he shall be subject to all the conditions and provisions thereof and to eviction and removal, forcibly or otherwise, with or without process of law, as above provided. 31. Lessee shall be liable for all taxes lawfully assessed on property of Lessee located on the leased premises. 32. The benefits, terms, and obligations of this lease shall extend to and be binding upon the heirs, executors, administrators, successors, or assigns of the respec- tive parties hereto. 33. IN WITNESS WHEREOF, Lessor has caused these presents to be executed in duplicate by the State Board of Land Commissioners and sealed with the official seal of said Board, and Lessee has hereunto set his hand and seal, all on the day and year first above written. LESSOR: STATE OF COLORADO by its STA OARD OF LAND COMMISSIONERS • Recommend resid Mineralctor Reg's\ - 1 d"� r/e tv ng eer FCC, 13E/5-'1 LESSEE: tt ADOLPH COORS COMPANY By d �' . . o inson, Asst.Secretary L. C. Sund, Senior Vice_President 47— • ' • r February 25, 1985 RIDER TO COLORADO COAL MINING LEASE NO. 498/13-S Board Order 84-464 dated 11/5/84 amended the production royalty as follows: Paragraph 6. PRODUCTION ROYALTY: Lessor hereby reserves and Lessee agrees to pay to Lessor as production royalty the following: For coal removed by underground mining methods a sum equal to eight percent (8%) of the gross sale price at the first point of sale; for coal removed by strip mining methods a sum equal to twelve and one-half percent (12z%) of the gross sale price at the first point of sale; and for lignite removed by strip mining methods a sum equal to six and one-quarter percent (64%) of the gross sale price at the first point of sale, for each and every ton (2000 lbs.) of coal or lignite mined from the leased premises, or, in the event the coal or lignite mined by either underground or strip mining methods is sold on a captive market, a sum equal to the same respective percents of the reasonable market value of coal or lignite of the same quality from the same general area and mined under the same general conditions, whichever is greater. All sums paid as production royalty shall be subject to review upon demand made by either party. In no case shall the production royalty to the State be less than forty cents (40¢) per ton. "Lignite" means coal having an average cal- orific value of 7,300 btu 's or less per pound. This value may be negotiated between Lessee and Lessor. LESSOR: RECOMME1DkD: STATE BOARD OF LAND COMMISSIONERS 7-71- 0\4)-c .• c7 Minerals Directgr, President R is E neer LESSEE: ATTEST: /n ADOLPH COORS COMPANY C9AAAA B �� /� -i✓ SECRETARY Y -48- DEPAR1 ;N`f OF PLANNING SERVICES iPHONE(303)356-4000 EXT 4400 915 10th STREET ll. 1 "-: �' GREELEY,COLORADO 80631 COLOR A, 1) January 6, 1987 TO: SURROUNDING PROPERTY OWNERS Case Number: Amended SUP-386:86:58 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, February 17, 1987, at 1:30 p.m. in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Coors Energy Company FOR: Surface Mining and ash Disposal LEGAL DESCRIPTION: Part of Section 25, 26, and 36, T3N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 4 miles north of Keenesburg on Weld County Road 59. Your property is within five-hundred (500) feet of the property on which this request has been made. For additional information write or telephone Keith A. Schuett, Current Planner. WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 10th Street - Room 342 Greeley, Colorado 80631 Phone: 356-4000 - Extension 4400 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners in the case #Amend SUP-386:86:58 for Coors Energy Company in the United States Mail postage prepaid First Class Mail, and addressed as per attached list. This 7th day of January 1987. r�1, c)‘oa� (fd S DEPART -NT OF PLANNING SERVICES Of % , PHONE(303)356-4000 EXT.4400 s % 915 10th STREET • v GREELEY,COLORADO 80631 _ p 9 ..__ .44. A 44 . 1,4.,-. I COLORA I\O NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Tuesday, February 17, 1987, at 1:30 p.m. to review a request for approval of an amendment to a Special Use Permit and a certificate of designation from Coor's Energy Company the parcel of land is described as part of Section 24, 26, and 36, all in T3N, R64W of the 6th P.M. , Weld County, Colorado, containing 233 acres, more or less. The property is located approximately 2 miles north of Keenesburg on Weld County Road 59. The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on Tuesday, February 17, 1987. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400. Jack Holman, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by January 29, 1987 Received by: , e¢-_ tad- n-o Date: //fa d7 APPENDIX E CERTIFIED LIST OF OWNERS 870274 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSORS PARCEL STATE AND ZIP CODE IDENTIFICATION # A. SURFACE ESTATE 1 . State of Colorado Centennial Bldg. 121536000004 (Sec 36) Department of 1313 Sherman St. Natural Resources Denver, CO 80203 2. Two E Ranches, Inc. 705 14th St. 121535000009 (Sec 35) Greeley, CO 80631 121526000011 (Sec 26) 3. L.F. Ranches P 0 Box 878 121524000004 (Sec 24) Greeley, CO 80631 121525000006 (Sec 25) 4. Alfred and Rodney P 0 Box 17 130326000016 (NE 1/4 Sec 26 Cuykendall Roggen, CO 80652 130323000013 (Sec 23) 130325000018 (Sec 25) 5. Alfred & Mary Corde, Arkansas 72524 121526000001 (NE 1/4 Sec 26 Heyde 6. Elma J. Edmiston 2205 Lake Park Drive 130527000018 CS 1/2 Sec 2) Longmont, CO 80501 7. Coors Energy Co P 0 Box 467 121525000007 (Sec 25) Golden, CO 80401 B. SUBSURFACE/MINERALS 1. State of Colorado Centennial Bldg. 121536000004 (Sec 36) Department of 1313 Sherman St. Natural Resources Denver, CO 80203 2. Rock Springs 10 Longs Peak Drive 121523000003 (Sec 23) Royalty Co. Box 2000 121527000004 (Sec 27) Broomfield 121535000009 (Sec 35) 3. Two E Ranches, Inc 705 14th St. 121535000009 (Sec 35) Greeley, CO 80631 121526000011 (Sec 26) 4. Coors Energy Co P 0 Box 467 121525000007-01C (Sec. 25, Golden, CO 80401 26,35,36) 8'7'0274 -64- AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property Coors Energy Company, Keenesburg Mine Sections 25, 26 and 36, T3N, R64W STATE OF COLORADO ) ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lesses of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. 2 The foregoing instrument was subscribed and sworn to before me this d day of 96 de-7.r..,c,t) , 19L. WITNESS my hand and official seal. My Commission expires: My Commission expires M3y 6, 1989 - otary Public XO p 870274 —65— AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Coors Energy Company, Keenesburg Mine STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. - The foregoing instrument was subscribed and sworn to before me this day of �� l�r.�..i�� , l9g. WITNESS my hand and official seal. My Commission expires: My Commission expires May 6, 1989 Notary Public 670274 —66— 0 Amended SUP-386:86:58 Coor's Energy Company Surrounding Property Owners State of Colorado Department of Natural Resourses Centennial Building 1313 Sherman Street Denver, CO 80203 Two E Ranches, Incorporated 705 14th Street Greeley, CO 80631 L.F. Ranches P.O. Box 878 Greeley, CO 80631 Alfred and Rodney Cuykendall • P.O. Box 17 Roggen, CO 80652 Alfred and Mary Heyde Corde, Arkansas 72524 Elma J. Edmiston 2205 Lake Park Drive Longmont, CO 80501 Coors Energy Company P.O. Box 467 Golden, CO 80401 Amended SUP-386:86:58 Coor's Energy Company Surrounding Mineral Owners State of Colorado Department of Natural Resources Centennial Building 1313 Sherman Street Denver, CO 80203 Rock Springs Royalty Company 10 Longs Peak Drive Box 2000 Broomfield, CO 80020 Two E Ranches, Incorporated 705 14th Street Greeley, CO 80631 Coors Energy Company P.O. Box 467 Golden, CO 80401 APPENDIX D SOIL AND VEGETATION INVENTORY REPORT • 108 W. Walnut Street Brighton, CO 80601 • May 29, 1981 • Robert Liddle Mine Land Reclamation Board 423 Centennial Bldg. 1313 Sherman Street Denver, CO 80203 RE: Prime Farmland - Keereaburg Coal Mine This is to inform you that the Coors Energy Company Keenesburg Coal Mine is not located on prime farmland. Sections 24,25.35 and 36, township 3 north, range 64 welt are classified as Other Land on the "Important Farm- lands of Weld County" map. Sincerely, Jeff Burwell, District Conservationist Soil Conservation Service Brighton, CO 80601 cc: Bill Robie, Adolph Coors Company SOIL AND VEGETATION INVENTORY AND REVEGETATION RESEARCH ON THE PROPOSED KEENESBURG SURFACE COAL MINE ABSTRACT The feasibility of surface mining coal from the Laramie Formation north of Keenesburg, Colorado is under investigation by Adolph Coors Company. As a part of the study the Department of Agronomy, Colorado State University contracted to inventory soils and vegetation on the six square mile site and to carry out revegetation research. Wind-deposited sand averaging about 20 feet deep lies above the bedded clay shales of the Laramie Formation. Two soil series in 4 soil mapping units cover most of the area that may be disturbed west df the Ennis Draw. The soils are very sandy and thus are very sus- ceptible to wind erosion when disturbed. The Osgood soil series which covers about one-third of the area west of Ennis Draw is the most suitable soil for use as topsoil; approximately 30 inches of the sand Al horizon and the loamy sand B2 could be used. The Valent soil series which covers most of the remainder of the area has a surface layer 4 to 6 inches thick which could be used as topsoil. Tests on the soils show no adverse chemical or fertility char- acteristics other than that the subsurface horizons are deficient in plant-available phosphorus. The clayey overburden is moderately salty and sodic. Thus a minimum of 3 feet of sand over the clayey spoil is recommended for reclamation. Almost all of the proposed mine area west of Ennis Draw is in the deep sand range site which is dominated by sandsave and prairie sandreed. No rare or endangered plant species were found on the deep sand range site. In Ennis Draw the range site is a sandy meadow. Here one species, tulip gentian (Eustoma gradiflorum) , was found that is listed as rare in the computerized Plant Information Network of Colorado State University. However, this species is not on the Colorado or national lists of rare or endangered species. The revegetation studies showed that intensive management was • required to establish ground cover adequate to stabilize drastically disturbed topsoil. The vegetation was established by seeding a mix of native grass species, applying manure to stabilize the sand, and then applying 9 inches of irrigation water over a 3-month period. Applying 9 inches of water to the soil surface requires about a total of 13 inches as about 30% is lost to evaporation when sprink- ling. The present concept is to irrigate for establishment only during the first growing season. With proper long-term grazing management most of the seeded vegetation should persist. -- SOILS This study included field investigations to verify the kind, extent, and distribution of soils as shown by the existing Soil Conservation Service, USDA, Standard Soil Survey of South Weld County, Colorado, which was completed in 1975. In addition, soils were sampled for laboratory characterization of properties important for assessing reclamation alternatives. Laboratory analyses were not made for soils of the meadow area since it is not proposed as part of the actual mining site. The diversity of soils found on the study area is 'not great. This reflects the nature of the parent material which is wind-deposited sand comprised mainly of quartz. Due to the nature of the parent material, the range in chemical and physical properties is narrow. Rationale for determining the kind and amount of soil laboratory characterization data needed to adequately describe the soil resources was based on the nature of ( the parent material. The likelihood of toxic elements and/or other chemical constituents detrimental to either plant growth and/or environmental quality is highly remote considering the sandy wind-blown parent material. Thus, the soil properties selected for study were those of primary importance in establishing the basic soil-plant nutrient-plant moisture relationship that exist within the study area. Soil Mapping Units Two soil series, the Valent and the Osgood, make up most of the area on the proposed mine site west of Ennis Draw. Both soils are extremely sandy. The Osgood is a deeply developed soil with a slight increase in clay in the subsoil, whereas the Valent has shallower soil develop- ment as shown by lighter colors in the subsoil and with no increase in clay with depth. Detailed soil series descrip- tions are in Appendix A. The following soil mapping des- criptions are keyed into the soil map accompanying this report. -52- SOIL MAPPING UNIT NO. 1 : Osgood Sand (variant) - 0-3% slopes. These are deep, level to gently sloping, well-drained sandy soils that formed in wind-lain sands. \ Typically the surface layer is grayish brown sand and ranges from``}}•4 to 18 inches thick. It overlies a transition layer 10 to 14 inches thick which normally has characteristics similar to the surface layer. This layer overlies a subsoil layer ranging from 16 to 20 inches thick. Weak lamellae with loamy sand and sandy loam textures occur in the subsoil. The subsoil is underlain to a depth of 60 inches with loamy sand and sand. Permeability is rapid to moderately rapid. Available water holding capacity is moderate. Effective rooting depth is 60 inches or more. Surface runoff is very slow and water erosion hazard is low. Wind erosion hazard is high on disturbed areas. Small areas of soils with sandy loam and sandy clay loam sub- soils occur within this mapping unit. In these areas the subsoil generally occurs at a shallower depth. Included in this mapping unit can be small areas of Valent soils which can comprise 0-5% of the unit. Range Site Name: Deep Sand Range Site Land Capability Classification: Irrigated: IVe Non-irrigated: VIe SOIL MAPPING UNIT NO. 2: Vona-like loamy sand - 0-3% slopes. The mapping unit, which is very limited in extent, consists of moderately deep, well-drained soils that formed in wind-laid de over residual shale. Slopes range from 0 to 3 Posits percent. Typically the surface layer is grayish brown loamy sand about 6 inches thick. This surface layer is underlain by a transition layer about 6 inches thick of grayish brown fine sandy loam. This layer is underlain to a depth of about 32 inches by yellowish brown sandy clay loam. Underlying this layer is residual shale material of the Laramie formation. Permeability is moderate. Available water holding capacity is moderate to high. Surface runoff is low and water erosion hazard is low. Wind erosion potential is high on disturbed areas. Range Site Name: Sandy Plains Land Capability Classification : Irrigated: IVe Non-irrigated: VIe -53- SOIL MAPPING UN_TT NO. 3 : Valens Sand - 0-3% slopes. These are deep, level to gently sloping, excessively-drained sandy soils that formed in wind deposited sands. • Typically the surface layer is brown sand approximately 8 inches thick. A transitional layer 10 to 12 inches thick occurs between the surface soil and substratum. The underlying material to a depth of 60 inches is brown sand. Permeability is rapid. Available water capacity is low to moderate. Effective rooting depth is 60 inches or more. Surface runoff is very slow and the water erosion hazard is low. Wind erosion potential is high. Included in this unit are small areas of Osgood soils which comprises 10 to 15 percent of the unit. • Range Site Name: Deep Sand • Land Capability Classification: Irrigated: IVe Non-irrigated: VIe SOIL MAPPING UNIT NO. 4 : Valent Sand - 3-9% slopes. This is a deep, excessively-drained soil formed in wind-laid deposits on gently sloping uplands. Slopes range from 3 to 9 percent. Typically the surface layer is brown sand approximately 6 inches thick. A transition layer (AC horizon) of brown sand approxi- mately 8 to 10 inches thick occurs between the surface soil and the substratum. The underlying material, to a depth of 60 inches is brown sand. • Permeability is rapid. Available water capacity is low to moderate. Effective rooting depth is 60 inches or more. Surface runoff is low and water erosion hazard is low. Wind erosion potential is very high. Included in this unit are small areas of Osgood soils which make up less than 10 percent of the unit. Range Site Name: Deep Sand Range Site Land Capability Classification: Irrigated: IVe Non-irrigated: VIe • —54— SOIL MAPPING UNIT NO. 5 : Valent Sand - 1-15% slopes. This is a deep, excessively-drained soil formed in wind-laid deposits on nearly level to sloping uplands. Typically the surface layer is brown sand about 5 inches thick. The underlying material, to a depth of 60 inches is brown sand. The soil in this unit differs from the other Valent soils found in the study area in that there is evidence of recent wind erosion. Thus the surface layer is somewhat thinner, and in some places is absent. In addition, the Valent soil in this unit lacks a transition layer (AC horizon) that is found in the other Valent soil mapping units. Some blowouts are found within this soil mapping unit. Permeability is rapid. Available water holding capacity is low to moderate. Effective rooting depth is 60 inches or more. This unit is particularly susceptible to wind erosion. Surface runoff is low . and water erosion hazard is low. These soils are not suited for cropping except under irrigation. This unit is comprised of essentially 100 percent Valent soil as described above. Range Site Name: Deep Sand Range Site Land Capability Classification: Irrigated: lye Non-irrigated: Vie ( - SOIL MAPPING UNIT NO. 6 : Valent-Loup-Boel - 0-2% slopes. This mapping unit consists of a complex of deep excessively- drained, somewhat poorly, and poorly-drained soils. The Valent soils, which make up approximately 75 percent of the area, are similar to those described in the other Valent mapping units except that mottling is common at depths of 50 to 60 inches. This indicates the upper limit of a water table. The Loup soils are deep poorly-drained soils in low lying areas that have formed in sandy alluvium. Boel soils are deep, somewhat poorly-drained soils that formed in stratified sandy alluvium. They occur primarily in low lying areas. Permeability of these soils is rapid. Available water holding capacity is low to moderate. In the Loup soils a water table is present at or near the surface during the spring and at about 36 inches below the surface in the fall. A water table is usually present about 24 to 36 inches below the surface in Boel soils and at 50 to 60 inches in the Valent. Surface runoff is low and water erosion hazard is low. Wind erosion hazard is high on disturbed areas. Range Site Name: A complex of Deep Sand and Sandy Meadow Land Capability Classification : Irrigated: IVe Non-irrigated: VIe -55- SOIL MAPPING UNIT NO. 7 : Loup-Boel loamy sands - 0-34 slopes. This manpinc unit consists of deep, somewhat poorly drained soils that formed in sandy occupies and bottoms poorly- drained Slopes range from alluvium. It occupies bottoms and percent. • Loup soils make up about 55 occupy the slightly higher elevationscand ent make 11O of the unit.o The Boel r soils the unit. About 10% of the unit is made up of Osgood andValentt 35 nsandf . The Loup soil is deep, poorly-drained, formed in sand alluvium. Typically the surface layer is very dark grayish brown, mottled, loamy sand. This is underlain by about 24. inches of light brownish mottled, loamy sand. Underlying g $ gray, a d brownish this layer to a depth of 60 inches is gray, mottled, sandy loam. Permeability is rapid. Available water capacity is moderate. Permeability is rapid. Avail- able water capacity is moderate. Normally a water table is present at or near the surface in the fall. Surface runoff is slow and water erosion hazard is low. Wind erosion is potentially high on disturbed areas. The Boel soil is deep, somewhat poorly-drained formed in stra- tified sandy alluvium. Typically the surface layer is grayish brown, lomay sand about 14 inches thick. Underlying this surface layer to -a depth of 60 inches is pale brown, stratified, mottled, loamy sand. C Range Site Name: Sandy Meadow Range Site Land Capability Classification: Irrigated: lye Non-irrigated: VIe Evaluation of Field and Laborator Soil Data 1 . All soil materials are highly susceptible to wind erosion. Both the surface soils, which are higher in organic matter and the subsoils of the Osgood series which are slightly finer-textured offer the greatest potential for minimizing wind erosion in a reclamation effort. 2. Particle size analyses and soil moisture determina- tions show that the materials with the highest avail- able water holding capacity occur within the B horizons of the Osgood soils. Sand sieve analyses show that the very fine sand content is somewhat higher in the surface soil of the Osgood series than in the Valent. —56— • This, combined with the slightly higher silt and clay content of the Osgood soils suggest would be slightly more resistant to wind erosion, have a slightly higher water holding capacity and thus should provide a better medium for and be more stable. An inch of water wouldnt pene- rowth trate about 18 inches into the sand surface soils when initially dry (calculations made from soils laboratory data, appendix B) . This calculated depth of water penetration is in agreement with a field observation made on 24 October when it was found that water had penetrated the sand to 28 inches after 1.9 inches of precipitation on 21-23 October. 3. Plant available P levels are sufficient in the surface horizons but decline rapidly with depth. Alteration of the surface soil during the typical redistribution process may result in mixing of existing topsoil and subsoil materials and could result in lower available P levels. Thus, compos- ite surface soil samples should be obtained follow- ing topsoil redistribution to determine the P status of the soil at -that time. 4 . Organic matter levels are highest in the surface layers and decrease rapidly with depth. 5. Available K levels appear to be adequate in all horizons of all soils except for the C horizon of one of the Valent soil profiles and the Cca horizon of one of the Osgood soil samples. 6. Critical levels for zinc, iron, copper, and mangan- ese relative to deficiencies of these elements on native range are not well known. In general, the available levels of these elements in the surface soils are adequate for most agronomic crops, thus it is assumed that they are adequate for most species that would be grown in the area. Avail- able iron is considered adequate throughout the entire profile in all soils investigated. In general, the same is true for copper and manganese. Available zinc, on the other hand, is low except for the surface layers. However, it must be remembered that the low rating is based on the zinc status for agronomic crops. Perhaps zinc should be considered suspect but not limiting in all materials with zinc levels below 0.5 ppm. -57- A • Soil Manpinc Unit Interpretations for Sources c �e o- Topsoil These interpretations were developed to show the extent and distribution of soils in terms of characteristics important for planning a reclamation units 1 through 5 are arranged from firrst oam�last Solinl m terms g of best to poorest source and suitability of topsoil. SOIL MAPPING UNIT NO. 1 This unit reflects the extent and location of soils which offer the greatest potential for developing alterna- tive reclamation procedures. Although the surface soils 'are sandy and have a high susceptibility to wind erosion, they comprise the most stable materials in terms of erosion from the standpoint of organic matter content. The surface layer and the layers immediately below the surface to a combined depth of approximately 30 inches would be consi- dered as the best source of topsoil within the study area. The subsoil (B horizon) materials also have favorable topsoil material characteristics. From the standpoint of texture, the subsoil materials would be less susceptible to wind erosion than the surface materials of this unit. However, because of the lower organic matter content in the B horizon materials the wind erodibility potential can be considered as being essentially the same as the A hori- zon materials. The surface soils have a more favorable soil fertility status. The use of these materials in the development of a reclamation plan can be considered in several ways: 1. The horizons salvaged separately and replaced in order. 2. The A and B horizon salvaged and mixed together. 3. Use the above mixture for redistribution to other areas where topsoil materials are inadequate. This alternative would reduce the thickness of more favorable soil conditions in the areas where these soils presently occur, but would enhance the soil conditions in other areas. 4 . Salvage "A" horizon materials separately from the "B" horizon and use the "B" horizon materials to underlie topsoil materials in areas where topsoil materials are inadeiguate. Because of the distributional pattern of this unit with • respect to areas of other soils, there exists a good poten- tial for maximizing the utilization of these materials in the development of an overall reclamation plan. - 58- SOIL MAPPING UNIT NO. 2 This unit is very limited in extent, it shows the loca- tion of soils where shale was encountered within a 60-inch depth. Both the subsoil and underlying shale material could be utilized for stabilizing roads. From a revegetation and stabilization point of view, the top 12 inches from this unit would be suitable topsoil material. SOIL MAPPING UNITS NO. 3 & 4 These units reflects the extent and location of soils which have approximately 4 to 6 inches of surface soil that if salvaged would be more suitable as topsoil material than any of the materials below this depth. The soil layer (AC horizons of the Valent soil as des- cribed in this report) that underlies the surface layer__ varies in thickness from 8 to 12 inches and is slightly higher in organic matter and in fertility than the materials ( below. However, this layer is more like the underlying ma- terial •than the surface layer. The potential benefit of salvaging this material separately to use as subsurface soil is questionable. And since it is more like the underlying materials (C horizons) it is not recommended that it be mixed with the A horizon materials. SOIL MAPPING UNIT NO. 5 This unit reflects the extent and location of soils which have the thinnest and least uniform occurrence of topsoil material. These areas reflect recent wind erosion activities. The topography is described as being "choppy" and a number of "blow-out" areas occur. These areas will become very susceptible to wind erosion if and when they are' disturbed. In some areas the surface layer is very similar in physical and chemical characteristics to the substratum (C horizon) materials of the Valent soils. If volume of available topsoil calculations are made for this unit, it is recommended that the volume be reduced by 50 percent, if the calculations are based on the thickness of the surface horizon of the typical Valent soil as des- cribed in this report. -59- SOIL MAPPING UNIT NO. 6 This unit reflects the extent and location of soils which are dominantly like the soils delineated in soil mapping unit no. 3 except for the following: these areas lie adjacent to the meadow area and include small areas of the poorly drained Loup and Boel soils. Mottling occurs at a depth of about 50 inches in the Valent soils which suggests the presence of either a past or present seasonal water table. In addition, these areas may be part of the alluvial valley and may need to be considered differently from the upland areas in the development of a reclamation plan. In terms of availability and nature of topsoil materials, these poorly drained areas are very similar- to soil mapping unit no. 3. SOIL MAPPING UNIT NO. 7 This unit identifies the extent and location of the meadow landsfound in the study area. They are identified but not discussed because they are not part of the pro- posed mining area. Important Farmlands • On January 31, 1978 the Federal Register reported the final rules for the implementation and conducting of a national program for inventorying prime and unique farm- land. Prime farmland is defined as land that has the best combinations of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops and is also available for these uses. In general, prime farm- lands have an adequate and dependable water supply from precipitation or irrigation, a favorable temperature and growing season and acceptable chemical qualities. According to the above definitions no important farm- lans occur within the study area. It is evident from old field boundaries and vegetation that a portion of Section 26 was once farmed and then left to revert to range. Dry- land farming on sand has not proven feasible in this area. -60- Overburden Forty-one samples of individual overburden strata and 3 composite samples from 3 core holes were analyzed for physical and chemical properties important to reclamation (appendix C) . The typical Laramie formation overburden on the proposed mine site is described as follows: pH, 7. 8 Within the pH range expected for calcareous material - this pH should not pose a problem for native species to be used in revegetation. Soluble salts Somewhat salty - unsuitable for • 4-6 mmhos/cm surface soil but should be okay as a soil material acting as a deep reservoir to hold plant- available water. Sodium Adsorption Ratio This much sodium will limit the 10-16 rate of water movement into and through this clayey material if soluble salts are leached out. C Plant Available Nutrients N and P very deficient - adequate. others Texture, clay Unsuitable as surface soil material, if placed beneath sand should be acceptable because of its large water holding capacity. Possible Toxic Ions Analysis for plant-available selenium show low or moderate concentrations by the 4-hour hot-water extraction method. Plant-available molybdenum is low to moderate in most of the samples. Two of the samples tested high in Mo in relation to the other samples by the (NH )2CO3 test for plant-avail- ablg Plo, both of these samples were dark gray carbonaceous shales. One sample tested very high in B (>4 ppm B, 5-minute -61- hot water extractable) and 5 samples tested in the marginal range (2-4 ppm B) . With three feet of sand placed over the mixed spoil these trace elements should not pose plant uptake problems. It is suggested that Mo and B be determined on plants grown on the depth of sand-over- clay study in 1979 to check out this interpretation. Because of the clayey, moderately saline and moderately sodic nature of the overburden we recommend that a minimum of 3 feet of sandy material be placed over spoils originating from the Laramie formation. This recommendation should be reviewed when longer term information is available from the depths of sand-over-clay study (mentioned in the next chapter) is available. Soil test analyses were made of two-foot increments of the sand (0 to 14 ' ) overlying the Laramie formation on one core hole. The sand is calcareous at a dpeth of 6 to 8 feet, poses no salinity hazard, and at depths below 4 feet is low in organic matter and extremely low in plant-available phos- phorus (Appendix C) . These and other soil (Appendix B) and overburden analyses (Appendix C) indicate that the sand at depths of 4 to 10 feet which is above the zone of maximum lime accumulation (obvious as white splotches and streaks) and the more soluble salt accumulations (visible below or within the maximum lime accumulation zone as crystals) is suitable as subsurface plant growth material. . -62- • INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number ,C/-S-C// 3T6't Submitted or Prepared Prior to Hearing At Hearing 1. Application () Pages 2. Application plat(s) / page(s) ' 3. DPS Referral .Summary Sheet 4. DPS Recommendation • 5. DPS Surrounding Propery Owner Mailing List 6. DPS Mineral Owners Mailing List • 7. 3 DPS Maps Prepared by Planning Technician 8. DPS Notice of Hearing • 9. DPS Case Summary Sheet 10. DPS Field Check 11. p2egbiOND002 1210-MD ) 24i,1,/ !G 8l "%m 04 4) sdie/,i i -, ea .w/// oNc>W/ '( 12. pflitio/lopeM COMP ry,4i ,i(geah/G/ 7 13. 1,-00,tr/S %'NW l e/e/?,vii 4/J 04.9. 14. ' 15. 16. 17. • 18. 19. 20. I hereby certify that the /2, items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I furthe of at these items were forwarded to the Clerk to the Board's office onjj � ' XL 19V. urrent anner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS 2:5 DAY OF 19%1 , SEAL • NOTARY PUBLIC\ • Ex/41 B/T A 870274 MY COMMISSION ET.PIRFS AAA pinmissisn Expirsu,bb._73`1980. `__ EXHIBIT INVENTORY CONTROL SHEET Case V/1 - al Z �� ; Exhibit Submitted By Exhibit Description A. .5?;/ 9 7 �� B• 4,/~2. d171/,'XI7/5,- �.�a i?1�. 077 2 ",72_447 2771/1-37-Zo lv .42.4417Z, dr1-2//Z. , ;:ege.", sc/, D. -7‘&7/,'72//7 . 427,-zie/ZZA5/e /-7)zezYb-, AC E. g27/7172/ _//i72, &Z.)74F• ek-S.%k 4AePZ" Z/217 .�LG A "C/ G. ef-a-e e‘z?/2aZ e:1J H. I. J. K. L. M. N. 0. 1 ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending. TODAY' S HEARINGS ARE AS FOLLOWS: APRIL 15, 1987 DOCKET #87-14 AMEND USR AND CERTIFICATE OF DESIGNATION - COORS ENERGY COMPANY DOCKET #87-12 TRANSFER OWNERSHIP OF CERTIFICATE OF DESIGNATION - CIRCLE "M" PARTNERSHIP DOCKET i #87-9 USR-RECREATIONAL TRAIN FACILITY, CHARLES HOBDAY NAME ADDRESS HEARING ATTENDING ) i, :,....,:74-az. e-11;-1,terl044,14f,j, 0:th..t.) ji,i-I"),,del'.,4,1 ) e7 01.9 7-1 1",,}', 1,;,4,7,-/Ify e, /-‘.., 4 k //Pd/J - � id/ w� /2/ øke J (,10,-&1' C'- fl k r / ( ipbe '/' O.-t-7-- / 2/7 •_sir �9 �S 7— i 47---risc-1,_ Ate,IL.V 63a II 0 fr It (? f/ �i. (--- ...--).<;--„---6_7_, /7 ,.1a @70274 2iz `TZ?7 7 ® SENDER: Complete items 1 and 2 when additional services are desired,and complete items 3 and 4s Put your address'n the"RETURN TO"space on the reverse side Failure to do this will prevent,his card from being returned to you.The return receipt fee will provide you the name of the person delivered to and the date of delivery. For additional fees the following services are available.Consult postmaster for fees and check box(es) for additional service(s) requested 1. ❑ Show to whom delivered,date,and addressee's address 2 El Restricted Delivery 3 Article Addrpcced to — -----i4.Article Number G o w oa z COORS ENERGY COMPANY / -' -' il a f, .4 a O Type of Service rU b a w W 00 C/0 LARRY CAMPBELL ❑ registered Insured i0- I > aa, 0 Fcl a Certified El COD o o W ¢ 0 O PO BOX 359 U Express Mail ® KEENESBURG, CO 80643 ) Always obtain signature of addressee or m _ �'J ®g o 0 LA. go c4 agent and DATE DELIVERED. M. o r z w cr1 A 5.Signature—Addressee 8 Addressee's Address(ONLY if "O W X requested and fee paid) I LU PI Z 6.Signature—Agent tX 00 O O W Is, v. 7 4 7.`Date of Delivery '7 -- ) 0 i2 PS Form 3811,Feb.1986 / DOMESTIC RETURN RECEIPT Cott ...2 ® SENDER:Complete items 1 and 2 when additional services are desired,and complete items 3 and 4 Put your address in the"RETURN TO"space on the reverse side Failure to do this will prevent this en card from being returned to you.The return receipt fee will provide you the name of the person W delivered to and the date of delivery For additional fees the following services are available Consult r U postmaster for fees and check boxes) for additional service(s) requested. a x `- 2_ O 1 O Show to whom delivered,date,and addressee's address 2 O Restricted Delivery ® ` J 'W jy? a] — 3.Article Addressed to• -_ -- 4.Article Number i ? Wl- WC7H -- - ------— --- 2 f - O H W cr) STATE OF COLORADO n" r g, 1 A x 0 DEPT. OF NATURAL RESOURCES Type of Service: 0 y �,` w ,g a' .)� 0 A H Iv) 0 CENTENNIAL BUILDING �❑ egistered 0 COD X ' = 1313 SHERMAN STREET _J Ce tified .� O a Q Express Mail i- 3o U 'ZZ, _l Oi — DENVER, CO 80203 Always obtain signature of addressee or nT _ - n 44 U --- agent and DATE DELIVERED. moo`' W W H W __ _ _ _ - ----- _ OOZx ------ —Ili CL 8.Addressee's Address(ONLY if U W • W W o, ° 5 Signature--Addressee IX H a Z - c X requested and fee paid) t H W W co r1.1 a U .. rn A U r-+ A -- 6. —Signature Agent . , rs'n*X C' �;-i l F 7.Date of Delivery ,� PS Form 3811,Feb. 1986 DOMESTIC RETURN RECF IP i' IIDSENDER:Complete items 1 and 2 when additional services are desired,and complete items 3 and 4. Put your address in the"RETURN TO"space on the reverse side Failure to do this will prevent this card from being returned to you The return receipt fee will provide you the name of the person delivered to and the date of delivery For additional fees the following services are available Consult postmaster for fees and check boxes) for additional service(s) requested. —1 1. O Show to whom delivered,date,and addressee's address. 2. El Restricted Delivery rL" 3—Acitele. -- Addressed to: 4.Article Number c: -- - 1 Lai i•'L U '— TWO E RANCHES, INC. .� s a� � H Cr) � Type of Service• = a.' 705 14TH STREET g ' q o, W ❑ gistered O Insured c" u -a ' GREELEY, CO 80631 Certified ❑ COD c o W W Express Mail o U H O Always obtain signature of addressee or �o U to U Y 9 Z r j agent and DATE DELIVERED. C. o' W 5"'Sig9etftr �d ressee �� fir Addressee's Address ONLY if J ` W W a X �. .. ,/� _' 1'L �� L requested and fee paid) T CC O 0 W — 6-'Signature-Agent '- Chi C�7 3' X , V6.1•08V-S88I.'O'd'J'SY14 7.Date of Delivery J��) PS Form 3811,Feb. 1986 - �,�`✓, DOMESTIC RETURN RECEIPT Oejn€i,i •SENDER: Complete items 1 and 2 when additional services are desired,and complete items 3 and 4. Put your address in the"RETURN TO"space on the reverse side. Failure to do this will prevent this card from being returned to you.The return receipt fee will provide you the name of the person delivered to and the date of delivery.For additional fees the following services are available.Consult postmaster for fees and check boxles)for additional services) requested. ,-" 1. ❑ Show to whom delivered,date,end addressee's address. 2 ❑ Restricted Delivery. gD 3.Article Addressed to: 4.Article Number N 9'a-- -, --/„, ,1O L.F. RANCHES Type of Service: C, OO PO BOX 878 Cr co gistered ❑ Insured cri w GREELEY, CO 80632 Certified ❑ COD M - x O Express Mail t; O oo U Y; r'. Always obtain signature of addressee or ; agent and DATE DELIVERED. 'Z i k W 5.Signal —Addressee • p a 8.Addressee's Address(ONLY if �? w aq 41 X —,� �., requested and fee paid) cr • 6.Sig etiire—Agent a W0 ii , „z, v, J s'n 4 X 7.Date of Delivgry„R a 1987 PS Form 3811,Feb.1986 o DOMESTIC RETURN RECEIPT _.____ ® SENDER:Complete items 1 and 2 wh%n additional services are desired,and complete items 3 and 4. Put your address in the"RETURN TO"space on the reverse side. Failure to do this will prevent this card from being returned to you.The return receipt fee will provide you the name of the person delivered to and the date of delivery. For additional fees the following services are available Consult '-1 postmaster for fees and check boxles)for additional service(s) requested. Q 1. ❑ Show to whom delivered,date,and addressee's address 2. ❑ Restricted Delivery. 43 O Z 3.Article Addressed to: — 4.Article Number ® — 9�6/Y W -;•a rb E W' U N ALFRED & RODNEY CUYKENDALL Type of Service. IDI— c'. ,, ul rr w" $ PO BOX 17 • :-gistered Ed Insured o .. Q 0 ROGGEN, CO 80652 '= Certified COD ■ Express Mall U'' G m ' ) .,.•- cr 0 O Always obtain signature of addressee or o ,.d ,—a v - agent and DATE DELIVERED. a. L o` 5.Signature—Addressee 8.Addressee's Address(ONLY if W �O W X requested and fee paid) ') A~ fAC7 uJ r C7 6.Sign ture—Agent rE a ' i u X a:4 -- (n44-7 da-e -- cram.44,v.,p,,. .,v.r`S•11 7, a of Delivery PS Form 3811,Feb.1986 C o-zr/-4,e DOMESTIC RETURN RECEIPT - - - - - - i SENDER:Complete items 1 and 2 when additional services are desired,and complete items 3 and 4. Put your address in the"RETURN TO"space on the reverse side. Failure to do this will prevent this card from being returned to you.The return receipt fee will provide you the name of the person delivered to and the date of delivery. For additional fees the following services are available.Consult postmaster for fees and check box(es)for additional servicels) requested. Q 1 ❑ Show to whom delivered,date,and addressee's address. 2. ❑ Restricted Delivery. L n Ll' i a .drtirha Aridraccnrl_tn[-_ 4.Article Number{ Q/' V▪7 L3 r>`T v e q N ALFRED & MARY HEYDE Type of Servic RI L:`- v p-i r` C = ;_. W ❑ c-gistered ❑ Insured L W U, CORDE, ARKANSAS 72524 a Certified ❑ COD IIIII Express Mail z D U Always obtain signature of addressee or I- L ; agent and DATE DELIVERED. - --- b PG 5.Signature—Addressee 8.Addressee's Address(ONLY If d ! ` �� A/ �� requested and fee paid) U K qW 4 .,- i X /'"" �! A '' a 1 6.Signet e—Agent O G X ,S.n u 7.Date of Delivery PS Form 3811,Feb. 1986 gy-pre2.42.-/ DOMESTIC RETURN RECEIPT 670274 ® SENDER: Complete items 1 and 2 when additional services are desired,and complete items 3 and 4. Put your address in the"RETURN TO"space on the reverse side. Failure to do this will prevent this card from being returned to you.The return receipt fee will provide you the name of the person ---- delivered to and the date of delivery. For additional fees the ollowing services are available Consult postmaster for fees and check boxes) for additional service(s) requested. 1 ❑ Show to whom delivered,date,and addressee's address 2. ❑ Restricted Delivery TX 3.Article Adctressed to - 4.Article Number / IC Lii ill ,_: __ H 0 ELMA J. EDMISTON Type of Service �- r z i:4 o 2205 LAKE PARK DRIVE Y fl .z';- : O c ❑Vregistered ❑ Insured Il `_:.- H LONGMONT, CO 80501 certified ❑ COD J H O Express Mail Always obtain signature of addressee or -" L ''''. W W - - - agent and DATE DELIVERED - H � _ ( 8 Addressee's Address(ONLY If D L -, OZ 5.Signatr re—Add�assee) —' !f ai j c'�- R -- '/ requested and fee paid) O ,'z, IA .7i - 6 Signatu�—Agent W N ,1 t. X —. ......,s714 J 7. Date of f Del 'Form 3811,Feb. 986 C-�J z DOMESTIC RETURN RECEIPT ft ;•ENDER. Complete items 1 and 2 when additional services are desired,and complete items 3 and 4. Put your address in the"RETURN TO"space on the reverse side Failure to do this will prevent this card from being returned to you.The return receipt fee will provide you the name of the person delivered to and the date of delivery. For additional fees the fbllo`Wing services are available Consult • postmaster for fees and check box(es) for additional service(s) requested N. Q 1 ❑ Show to whom delivered,date,and addressee's address 2 ❑ Restricted Delivery. 00 e2 in ® -- 3.Article Addressed to. _ -- - 4.Article Number / _ 7 Lll �Ll 2 1r�/ 'L a .z .. r-i • Win. COORS ENERGY CO. Type of Service. '� PO BOX 467 ❑ istered ❑ Insured - - - GOLDEN, CO 80401 Certified ❑ COD *Registered Mail ,11 L.L. - W h- OU Always obtain signature of addressee or W_ W agent end pATE DELIVERED : 5 Signature—Addressee 8.Addrih u7., DC aee'S Address ONLY if c4 gl A .`-- X req.estei't and fee paid) 0 O O r U C7 c�- 6.Signature—Ag�e t, 7.Date of Delivery PS Form 3811,Feb.1986 //��Z�J 'DOMESTIC RETURN RECEIPT • :,E NDER: Complete items 1 and 2 when additional services are desired,and complete items 3 and 4 Put your address in the"RETURN TO"space on the reverse side. Failure to do this will prevent this -1---- card from being returned to you.The return receipt fee will provide you the name of the person delivered to and the date of delivery.For additional fees the following services are available.Consult postmaster for fees and check box(es) for additional service(s) requested. O 1 ❑ Show to whom delivered,date,and addressee's address 2 ❑ Restricted Delivery U O I 3,Article Addressed to 4.Article N'um'$er_ --f Q ; I. � 000 , ROCK SPRINGS ROYALTY CO. Type of Service: n 10 LONGS PEAK DRIVE ❑ gistered ❑ Insured I1' 1 : Certified ❑ COD l w A o BOX 1200 Express Mail n )"' m ' BROOMFIELD, CO 80020 Always obtain signature of addressee or �s ' );= iH-i 0.,W A agent and DATE DELIVERED. - _ . Ri O W s i 12 Pi C7 O H 5.Signature—Addressee 8 Addressee's Address(ONLY if rn Z N r� - requested and fee paid) O .--i U xa o X L O O A A -,ri T'- 6.Signaturf—A t, c-- /r S n a 7 ate of Delivery , _ /r;-.'d V /7 PS Form 381 ,Feb 86 � �✓ DOMESTIC RETURN RECEIPT 820274 FILE CONTAINS OVERSIZED MAP PLEASE SEE ORIGINAL FILE Hello