HomeMy WebLinkAbout921818.tiff STATE OF COLORADO
MINED LAND RECLAMATION SSCalif!? c.9 to w,_
Department of Natural Resources ti �`
1313 Sherman St, Room 215 l "1 9: 8
Denver,CO 80203 1792 ISM2 b R1 * **
303 866-3567 /876
FAX 303 832-8106 CLERK
Roy Romer,
TO THE BC^r'D Governor
Michael B Long,
Division Director
March 18, 1992 4n1/11-
MAR 2 1992
ti Weld County Commissioners Weld Cm.=Planning
Box 758 915 10th St
Greeley, CO 80632
Re: Keenesburg Strip Coal Mine Permit Renewal - Permit No. C-81-028
Dear County Commissioners:
Pursuant to Rule 2.08.5(3)(b) of the regulations of the Colorado Mined Land
Reclamation Board for Coal Mining, you are hereby notified that the right to
renew a valid, existing coal mining and reclamation permit was issued to Coors
Energy Co. on November 03, 1981 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 is more specifically described as follows:
SW 1 /4 and SE 1 /4 and NW 1 /4 of Section 25, NE 1 /4 and E 1 /2 NW 1 /4
and E 1 /2 SE 1 /4 and N 1 /2 NW 1/4 SE 1 /4 of Section 26, N 1 /2 of
Section 36, Township 3 North, Range 64 West, 6th Prime Meridian.
If you have any questions , please contact me.
Sincerely,
n E. Smith__-- .-
Reclamation Specialist
SES/bjw
6532G
6, C—A
9218t8
s
STATE O
MINED LAND RECLAMATION DIVISION -- of co<-- o
Department of Natural Resources NQ``a---
1313 Sherman St. Room 215 ' "•^ 73 F:: q:
Denver.CO 80203
303 866-3567 #*1876
FAX 303 832-8106 CL a/
TO TH_ - Roy Romer,
Governor
Michael B Long.
Division Director
March 18, 1992
Weld County Clerk and Recorder
Box 758 915 10th St
Greeley, CO 80632
Re: Availability of "Decision to Renew a Valid, Existing Permit" for the
Public Review — Keenesburg Strip Mine (C-81-028)
Dear Clerk & Recorder:
The Colorado Mined Land Reclamation Division requests that you maintain the
enclosed "Proposed Decision and Findings of Compliance for the Keenesburg
Strip Coal Mine (C-81-028) on file for public review through the public
comment period. The public comment period will extend from initial
publication on or about April 1 , 1992 for 30 days until May 1 , 1992.
Thank you for your cooperation.
Sincerely,
ti �__
E. Smith (—
51
Reclamation Specialist
SES/bjw
Enclosure
6532G
1 L_
MAR 2 5 1992
Weld County Flanging
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STATE OF COLORADO
MINED LAND RECLAMATION DIVISION of
Department of Natural Resources ��9
1313 Sherman St., Roam 215 *:;,
Denver,CO 80203 ."L; r
303 866-3567 £1876
FAX 303 832-8106
Roy Romer,
Governor
PROPOSED DECISION Michael B.Long,
Division Director
for
Approval of Permit Renewal
•
Pursuant to C.R.S. 34-33-109(7) , the Colorado Mined Land Reclamation Division
proposes to approve with conditions the renewal of a permit to conduct
reclamation operations at the Keenesburg Strip Mine.
This decision is based on a review of the complete and accurate application
and the existing permit, including all conditions and revisions approved up to
November 03, 1996. In accordance with C.R.S. 34-33-109(7)(a) , the Division
makes a determination of the absence of the following criteria which would
warrant that the permit not be renewed:
1 . The terms and conditions of the valid, existing permit are not being
satisfactorily meet;
2. The present surface coal mining and reclamation operation is not in
compliance with all requirements of the Colorado Surface Coal Mining
Reclamation Act, C.R.S. 34-33-101 et sue. , and the Regulations
promulgated thereunder;
3. The renewal requested substantially jeopardizes the permittee' s
continuing responsibility on existing permit areas ;
4. The operator has not provided evidence that the performance bond in
effect for the operation will continue in full force for the proposed
period of renewal as well as any additional bond required;
5. Any additional revised or updated information as required has not been
provided.
Based on a preponderance of the evidence , the permit issued to Coors Energy
Co. meets the requirements under the right of successive renewal .
The permit application will remain a binding part of the permit. Renewal of
the permit will be for a term of five (5) years.
I conclude that there is no basis for denying the renewal .
MINED LAND RECLAMATION DIVISION
"N.
Director - _ Date
65311,/bjw
e
Proposed Decision
and
Findings of Compliance
for a
Permit Renewal
for the
Keenesburg Mine
C-81-028
Colorado Mined Land Reclamation Division
Michael B. Long, Director
Prepared By
Shawn Smith
Reclamation Specialist
March 17, 1992
Table of Contents
Page
Introduction 1
Proposed Decision 3
Summary - The Review Process, 6
Description of the Environment,
Description of the Operations and
Reclamation Plan.
Findings of the Colorado Mined Land 10
Reclamation Division
Section A — Rule 2.07.6 10
Section B - Rule 4 13
I. Hydrologic Balance 13
II. Sealing of Drilled Holes and Underground
Openings 14
III. Backfilling and Grading 14
IV. Revegetation 15
—i—
Introduction
This document is the decision package prepared by the Colorado Mined Land
Reclamation Division (the Division) for the Keenesburg Mine. This document
includes : 1) the proposed decision to approve with stipulations the permit
renewal application; 2) a summary which includes a history of the review of
the permit application , a description of the environment affected by the
operation and a description of the mining and reclamation plan; and
3) the written findings of compliance the Division has made as required by the
Colorado Surface Coal Mining Reclamation Act. This Findings document includes
information from the November 11 , 1986 Findings of Compliance and replaces
that document as a part of the approved permit. Any stipulations listed in
that Findings which have been complied with are not repeated here.
Stipulations to the permit which are still in effect are repeated in this
Findings. Detailed information concerning the findings of compliance can be
found in the Regulations of the Colorado Mined Land Reclamation Board for Coal
Mining.
The Division has received an application for a permit renewal to conduct
surface coal mine reclamation operations only at the Keenesburg Mine. The
application was submitted by Coors Energy Company. The Mine will be operated
by Coors Energy Company. The mine is located on state and private lands
within Weld County, Colorado. The legal description of the lands included
within the permit area is:
A parcel of land located in parts of Sections 25, 26, 35 and 36, Township
3 North, Range 64 West, of the Sixth Principal Meridian, County of Weld,
State of Colorado, more particularly described as follows:
Commencing at the northwest corner of said Section 26; thence south
0°15' 45" east along the west line of said Section 26, a distance of
600 feet, to the true point of begining; thence south 82°40'04" east, a
distance of 2651 .66 feet, to the north—south centerline of said
Section 26; thence north 81 °00' 14" east, a distance of 971 .31 feet; thence
south 84°51 ' 18" east a distance of 1675.93 feet, to the east line of said
section 26; thence north 0°36' 32" west along the east line of said
Section 26, a distance of 980 feet, to the northeast corner of said
Section 26; thence south 45°44' 19" east, a distance of 3718.91 feet, to
the center one—quarter said Section 25; thence north 89°07' 15" east along
the east—west centerline of said Section 25; a distance of 2635.63 feet,
to the east one-quarter corner of said Section 25; thence south 0°32' 57"
east along the east line of said Section 25, a distance of 2639.70 feet,
to the south-east corner of said Section 25, thence south 0°04' 57" west
along the east line of said Section 36, a distance of 2641 . 13 feet, to the
east one-quarter corner of said Section 36; thence south 0°04' 57" west
along the east line of said Section 36, a distance of 2641 . 13 feet, to the
east one—quarter corner of said Section 36; a distance of 586. 19; thence
south 89° 12' 46" west and parallel to the east—west centerline of said
Section 36, a distance of 5259.48 feet, to the west line of said Section
36; thence north 0°04' 35" west along the west line of said Section 36,
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a distance of 586. 15 feet, to the west one—quarter corner of said Section 36;
thence south 89°16' 55" west along the east—west centerline of said Section 35,
a distance of 400 feet; thence north 62°11 ' 52" west, a distance of 5523.83
feet, to the north—west corner of said Section 35; thence north 0°15'45" west
along the west line of said Section 26, a distance of 2646.80 feet, to the
west one—quarter corner of said Section 26; thence north 0°15'45" west along
the west line of said Section 26, a distance of 2046.80 feet, to the true
point of beginning.
Containing 1498.31 acres more or less, and shown on Map Exhibit "A"
together with the access road and topsoil storage areas described on
Exhibits"6" and "C" .
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Proposed Decision
The Colorado Mined Land Reclamation Division proposes to approve with
stipulations an application for renewal of a valid existing permit.
The application was submitted by Coors Energy Company for the
Keenesburg Mine. This decision is based on a finding that the operations will
comply with all requirements of the Colorado State Program as found in the
Colorado Surface Coal Mining Reclamation Act, C.R.S. 34-33-101 et seq. , and
the Regulations promulgated pursuant to the Act. If no request for a formal
hearing is made within thirty (30) days of the first publication of the
issuance of this proposed decision, then this decision becomes final . Upon
submittal of acceptable surety by the applicant, the permit will be issued.
The permit application, all supporting documentation and any stipulations or
conditions will become a binding part of the permit.
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List of Stipulations
Stipulations 1 , 2, 3, 4, 6, 7, 8, 9, 10, 11 , 12, 13, 14, 15, 16 and 18 of the
original permit were resolved during the first five-year permit term.
Correspondence concerning these stipulations is on file at the Division.
Stipulations 5 and 17 from the previous permit are retained here.
Stipulations 20, 21 , 23, 24 and 25 were added to the permit when technical
revision 13 was approved and are repeated here. Stipulation No. 26 also
remains in effect. Stipulations 19, 22 and 27 were resolved during the second
five-year permit term.
Stipulations to the Keenesburg Mine permit are as follows :
STIPULATION NO. 5
THE PERMITTEE SHALL SUBMIT AN ANNUAL HYDROLOGY REPORT BY JANUARY 30 OF EACH
YEAR WHICH PRESENTS AND DISCUSSES THE MONITORING DATA COLLECTED DURING THE
PAST YEAR.
STIPULATION NO. 17
THE PERMITTEE WILL SUBMIT TO THE DIVISION BY JANUARY 30 OF EACH YEAR AN ANNUAL
REPORT WHICH INCLUDES A SUMMARY OF THE PREVIOUS CALENDAR YEAR'S PIT EXPANSION,
THE CUMULATIVE TOTAL NUMBER OF ACKt5 51k1NNtU, ACRES RECLAIMED, AND DISTURBED
ACRES REMAINING TO BE RECLAIMED. THE REPORT WILL ALSO INCLUDE A MAP SHOWING
ACTUAL RECLAIMED TOPOGRAPHY AND A REPORT OF BACKFILLING MASS BALANCE
CALCULATIONS.
Technical Revision 13 set forth stipulations 20-25 and address issues of ash
disposal monitoring and analysis (see attached) .
ASH DISPOSAL STIPULATIONS
20. ASH MATERIAL AT THE KEENESBURG MINE MUST BE BURIED A MINIMUM OF EIGHT (8)
FEET BELOW THE FINAL POST-MINING RECLAIMED SURFACE.
21 . ASH MATERIAL AT THE KEENESBURG MINE MUST BE BURIED A MINIMUM OF FIVE (5)
FEET ABOVE THE PROJECTED POST-MINING WATER TABLE.
23. IN ADDITION TO THE LARAMIE-FOX HILLS MONITORING WELL INSTALLED NORTHEAST
OF THE ASH DISPOSAL CELLS, A MONITORING WELL SHOULD BE INSTALLED SOUTHWEST
OF THE ASH DISPOSAL AREA. ALL MONITORING WELLS MUST BE INSTALLED AND
FUNCTIONING AS DESIGNED PRIOR TO DISPOSAL OF ASH AT THE MINE SITE. WELL
LOCATION, DESIGN AND CONSTRUCTION TECHNIQUES MUST BE APPROVED BY THE
DIVISION PRIOR TO WELL CONSTRUCTION. FREQUENCY OF MONITORING FOR ASH
DISPOSAL MONITORING WELLS WILL BE MONTHLY AND PARAMETERS TO BE ANALYZED
FOR INCLUDE ALL PARAMETERS SAMPLED FOR DURING THE PASTE EXTRACT ANALYSIS
OF ASH SAMPLES PLUS ALL PARAMETERS INCLUDED IN SAMPLING OF QUARTERLY WATER
QUALITY SAMPLES.
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24. EACH YEAR, A MINIMUM OF ONE (1 ) REPRESENTATIVE FLY ASH AND ONE (1 )
REPRESENTATIVE BOTTOM ASH SAMPLE SHALL BE COLLECTED FROM THE BOILERS AT
THE GOLDEN POWER PLANT. LABORATORY ANALYSIS WILL CONSIST OF SATURATION
EXTRACTS AND E.P. TOXICITY TEST FOR EACH SAMPLE. ADDITIONAL FLY ASH AND
BOTTOM ASH SAMPLES WILL BE COLLECTED AND ANALYZED IF, AT ANY TIME, A
SOURCE OF COAL IS CHANGED. RESULTS OF SATURATION EXTRACTS AND TOXICITY
TESTS WILL BE SUBMITTED TO THE DIVISION WITHIN 15 DAYS OF ANALYSIS.
25. AN ANNUAL EVALUATION OF ASH DISPOSAL INCLUDING, BUT NOT LIMITED TO, SOURCE
OF ASH, ASH QUALITY, TOTAL AMOUNT OF ASH DISPOSED OF, AVERAGE DEPTH OF ASH
AND AERIAL EXTENT OF DISPOSAL AREAS, TRANSPORTATION AND DISPOSAL
TECHNIQUES, WATER QUALITY MONITORING DATA, AND FUTURE ASH DISPOSAL SHOULD
BE INCLUDED IN THE ANNUAL HYDROLOGY AND RECLAMATION REPORT. MONTHLY
REPORTS CONSISTING OF SOURCE OF ASH, MATERIAL QUANTITIES DISPOSED OF,
DEPTH OF ASH AND AERIAL EXTENT, WATER QUALITY MONITORING DATA, AND
DISPOSAL PROBLEMS (IF ANY) SHOULD BE MADE AVAILABLE AT THE MINE OFFICE.
STIPULATION NO. 26
PRIOR TO RESUMPTION OF COAL EXTRACTION OR ASSOCIATED SURFACE DISTURBANCE AT
THE KEENESBURG MINE, THE PERMITTEE WILL OBTAIN APPROVAL OF A REVISION WHICH
WILL PROVIDE AN UPDATED MINING AND RECLAMATION SCHEDULE AND WHICH WILL
DEMONSTRATE SUFFICIENCY OF THE RECLAMATION BOND FOR THE PROJECTED WORST CASE
DISTURBANCE DURING THE PERMIT TERM.
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Summary
The Review Process
The Division notified the operator on January 23, 1991 that the existing
permit for the Keenesburg Mine would expire on November 3, 1991 . The
applicant responded on May 2, 1991 with an application for permit renewal
which was deemed complete on June 4, 1991 . Public notice of the application
to renew the permit was published in The New News on June 13, 1981 . On August
12, 1991 , the Division issued a letter identifying adequacy concerns in the
renewal application. These concerns were addressed by the permittee in a
response dated December 23, 1991 in the form of Technical Revision 25. No
public comment was received regarding the application for permit renewal . The
Division proposes to approved with stipulations, the application to renew the
existing Keenesburg Mine Permit for reclamation only.
-6-
Description of the Environment
The Keenesburg Mine is approximately 4.5 miles north of Keenesburg, Colorado. _
Ennis Draw, an ephemeral drainage, is located along the eastern boundary of
the permit area. No stream, river, or other body of water lies within the
mine site. The post-mining use of the affected land is rangeland. The permit
area is located on level to gently rolling topography consisting of fine sand,
which is wind-deposited material overlying weathered residual shale. The sand
varies in depth from about 5 feet to 20 feet, is highly to moderately
permeable, and is highly susceptible to wind erosion. For these reasons, the
land capability is classified as VIe for dryland farming and IV for irrigated
farming.
The proposed non—irrigated site is classified as rangeland by the
U.S. Department of Agriculture, Soil Conservation Service, as shown on page 37
of the permit application, general soil map of Weld County, Colorado. The
land cannot support a variety of uses under existing technologies and local
resources. All attempts at dryland farming on the area have been abandoned,
and the damage caused by those attempts will remain evident for many decades.
Otherwise, the land is moderately to well stabilized by a sandsage—prairie
sandreed plant association that is used primarily for grazing by cattle in
summer months . Fort Lupton, which has an average annual precipitation of 12.5
inches, provides the best estimate of precipitation at the area.
Previous mining activity at the site extracted the No. 7 coal seam of the
Laramie Formation. The flat—lying coal seam is overlain by 60-100 feet of
overburden consisting of yellow—brown and gray to blue gray soft carbonaceous
shale and clay interbedded with sand and shaley sand. At the base of the
Laramie Formation is the Fox Hills member, a cross bedded gray to buff
sandstone which is slightly to well cemented.
Because of the low relief and deep, well drained soils, there is virtually no
surface runoff Therefore, no streams springs or seeps exist in the area. All
water flows subsurface through aeolian deposits to Ennis Draw, an ephemeral
drainage. Ennis Draw appears to be a complex, braided, ancient stream bed
that has been covered by windblown sand. It discharges several miles to the
north into Box Elder Creek.
Since there is no surface runoff or streams in the area, wildlife is limited
to small rodents , primarily field mice, and birds with an occasional spotting
of raptors such as hawks and eagles . There are no known endangered species in
the area. Deer are rare as are most higher order vertebrates.
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Description of the Operation and Reclamation Plans
Since the last permit review, several revisions to the original permit have
taken place. Of significant importance is the termination of all coal mining
activities on the site as of December 1987. The Keenesburg site is now mainly
a fly ash disposal facility for the Coors power plant in Golden. Fly ash
disposal was approved by the Division through Technical Revision 13 and began
in October, 1987. All stockpiled coal has been removed form the site. Mining
methods previously used at the site are not listed here but can be found in
the November 1986 findings document and in Section 2.05.3 of the permit
application.
The topsoil management plan was altered by the approval of Technical Revision
16. TR-16 allowed topsoil replacement depths on Pits A and B to be altered
from three feet to a miiimum of two feet to allow for sufficient topsoil
coverage of six inches over the facilities area. Temporary access roads will
have a two foot top sand cover with fifteen inches cover on the long-term
spoil areas . Topsoil salvage depth was also altered, from six to four feet
due to current amounts available on the site. No topsoil salvaging has taken
place since 1989.
TR-16 clarified the revegetation criteria used in reclamation of both Pits A
and B. The seed mix was altered to include more warm season species. In
addition, total vegetative cover and species success criteria were established
for the site. Methodology was clarified ied and a detailed annual vegetative
monitoring plan submitted. Of the 424 disturbed acres at the mine site, 133
have been seeded since 1985. No revegetation has taken place since 1989 and
no additional disturbance has occurred since 1987.
The fly ash disposed of at the site originates from the Coor' s Power Plant in
Golden and consists of residue from 80% Colowyo, 10% Maclntyre stockpile and
10% Keenesburg stockpile coal . During 1990, the third year in ash disposal
operations , a total of 32,451 tons of mixed fly and bottom ash was dumped in A
pit (east end) and in 1991 a total of 23,511 tons of fly ash was buried. Mass
balance calculations estimate that ash disposal can continue in Pit A for
another five years at present disposal rates. Filling of Pit B continues with
the deepest part (north end) to be filled in the near future. The fly ash is
deposited in both A and B pits at a depth no less than five feet above the
projected post mine ground water table and at a minimal depth of eight feet
below the original ground surface.
Spoil will be replaced in pits. Excess spoils will be leveled to present a
surface contour similar to the pre-mining surface . The spoil ridges will be
reclaimed to a very low rolling topography prior to topsanding. The spoil
will be ripped or scarified on contour. Top sand averaging 36" in depth will
then be placed on the leveled spoils . The final highwall will be backfilled
to AOC. The surface drainage pattern will be reestablished. Sediment ponds
will be filled in and topsanded. All pit roads will be filled to AOC,
scarified, topsanded, fertilized, and seeded. Power lines will be removed.
Water wells will be sealed and grouted.
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Description of the Operation and Reclamation Plans
(continued)
Total acreage disturbance for structures is 60 acres and includes the shop,
warehouse, office and coal handling facilities. Structures will be removed
and the ground top sanded with six inches of "A" horizon soil placed on top of
the in situ Valent subsoil . Shale and gravel from the access roads and
parking areas will be dumped in the final pit and then resanded, fertilized
and then seeded. The sediment ponds , the settling basin and the drainage
ditches, will then be filled, graded, scarified, fertilized, and seeded.
Water Rights
On July 31 , 1991 the water court referee ruled that an augmentation plan was
not necessary due to the operational status of the Keenesburg Mine. Mining
has ceased and the reclamation of the open pits has eliminated any exposed
water; therefore, the plan for augmentation was dismissed. No protest was
filed and on August 23, 1991 the judge signed the decree. A copy of the
decree is found in the 1991 Annual Hydrology Report for the mine in the
Appendix.
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Findings of the
Colorado Mined Land Reclamation Division
for
Keenesburg Mine
Explanation of Findings
Pursuant to Rule 2.07.6(2) of the Regulations of the Colorado Mined Land
Reclamation Board for Coal Mining, and the approved state program, the
Mined Land Reclamation Division or the Board must make specific written
findings prior to issuance of a permit, permit renewal or permit revision.
These findings are based on information made available to the Division that
demonstrates that the applicant will be able to operate in compliance with the
Colorado Surface Coal Mining Reclamation Act and the Regulations promulgated
pursuant to the Act.
The findings in the following sections required by Rule 2.07.6(2) are listed
in accordance with that Rule. The findings and specific approvals required
pursuant to Rule 2.07.6(2)(m) are listed in accordance with Rule 4 and are
organized under subject or discipline subtitles.
This findings document is updated upon permit renewal , which occurs every
five years for most mines. This is the renewal findings document for the
K b M; which has a year permit term. following findings were
nCCt�C�UUr g Mine, rin iLn a 5 pc� u i � The following�v.. y findings
reevaluated and updated if necessary to reflect changes which have occurred
during the past permit term. Any stipulations from the original permit and
findings document or subsequent revisions that have been totally resolved to
the satisfaction of the Division, have been removed from this document.
SECTION A
Findings Required by Rule 2.07.6(2) .
1 . The permit application is accurate and complete. All requirements of the
Act and these rules have been complied with. (2.07.6(2)(a)) .
2. Based on information contained in the permit application and other
information available to the Division, the Division finds that reclamation
can be feasibly accomplished at the Keenesburg Mine. (2.07.6(2)(b)) .
3. The assessment of the probable cumulative impacts of all anticipated coal
mining in the general area on the hydrologic balance, as described in
2.05.6(3) , has been made by the Division. This assessment entitled
"Assessment of Probable Cumulative Impact" is available for inspection at
the offices of the Division. The Division finds that the operations
proposed under the application have been designed to prevent damage to the
hydrologic balance outside the proposed permit area. (2.07.6(2)(c) ) .
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4. The Division finds that the permit area is , subject to valid rights
existing as of August 3, 1977, not within:
a) An area designated unsuitable for surface coal mining operations
(2.07.6(2)(d)( i )) ;
b) An area under study for designation as unsuitable for surface coal
mining operations (2.07.6(2)(d)(ii )) ;
c) The boundaries of the National Park System, the National Wildlife
Refuge System, the National System of Trails , the National Wilderness
Preservation System, the Wild and Scenic Rivers System including
rivers under study for designation, and National Recreation Areas
(2.07.6(2)(d) ( iii )(A)) ;
d) Three hundred feet of any public building, school , church, community
or institutional building, or public park (2.07.6(2)(d)(iii )(B)) ;
e) One hundred feet of a cemetary (2.07.6(2)(d)(iii )(C)) ;
f) The boundaries of any National Forest unless the required finding of
compatibility has been made by the Secretary of the U.S. Department
of Agriculture. (2.07.6(2)(d)(iii )(D)) ;
g) One hundred feet of the outside right-of-way line of any public road
except where mine access or haul roads join such line, and excepting
any roads for which the necessary approvals have been received,
notices published, public hearing opportunities provided, and written
findings made (2.07.6(2)(d)(iv)) ;
h) Three hundred feet of an occupied dwelling unless a written waiver
from the owner has been provided (2.07.6(2)(d)(v)) .
5. On the basis of information submitted by Coors Energy Company in the form
of letter in Appendix E of the permit, the Division finds that subject to
valid existing rights as of August 3, 1977, the mining operation will not
adversely affect any publicly owned park or place listed on or eligible
for listing in the National Register of Historic Places as determined by
the State Historic Preservation Office. (2.07.6(2)(e)(i )) .
6. For this surface mining operation private mineral estate has been severed
from private surface estate, therefore the documentation specified by
Rule 2.03.6(2) has been provided in the form of legal documents . See
Section 2.03.6 of the permit. (2.07.6(2)(f)) .
7. On the basis of evidence submitted by the applicant and received from
other state and federal agencies as a result of the Section 34-33-114(3)
compliance review required by the Colorado Surface Coal Mining Reclamation
Act, the Division finds that Coors Energy Company does not own or control
any operations which are currently in violation of any law, rule, or
regulation of the United States , or any State law, rule, or regulation, or
any provision of the Surface Mining Control and Reclamation Act or the
Colorado Surface Coal Mining Reclamation Act. (2.07.6(2)(g)(i ) ) .
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8. Coors Energy Company does not control and has not controlled mining
operations with a demonstrated pattern of willful violations of the Act of
such nature, duration, and with such resulting irreparable damage to the
environment as to indicate an intent not to comply with the provisions of
the Act. (2.07.6(2)(h)) .
9. The Division finds that reclamation operations to be performed under this
permit will not be inconsistent with other such operations anticipated to
be performed in areas adjacent to the permit area. (2 .07.6(2)(i )) .
10. The Division currently holds $4,402,022.00 of bond for the Keenesburg Mine
in the form of a Corporate Surety. The Division finds that this bond
amcunt is adequate to cover reclamation liability of the site based on the
projected worst case disturbance.
11 . The Division has made a negative determination for the presence of prime
farmland within the permit area. The decision was based on a letter from
SCS dated May 29, 1981 that demonstrates that no prime farmland mapping
units are found within the permit area. See Section 2.04. 12(2) of permit
(page 101 ) . (2.07.6(2)(k)) .
12. The Division has made a negative determination for the existence of
alluvial valley floors within the permit area. This determination is
based on information provided by the applicant which demonstrates that no
alluvial valley floors exist within the mining or adjacent affected area.
See I-1 and Appendix 1-2 of permit. (2.07.6(2)(k) and 2.06.8(3)(c) .
13. The Division hereby approves the post-mining land use of the operation.
It was determined that rangeland designation meets the requirements of
Rule 4. 16 for the permit area. (2.07.6(2)(1 )) .
14. Specific approvals have been granted or are proposed. These approvals are
addressed in the following section , Section B. (2.07.6(2)(m)) .
15. The Division finds that the activities proposed by the applicant would not
affect the continued existence of endangered or threatened species or
result in the destruction or adverse modification of their critical
habitats. (2.07.6(2)(n)) .
16. The Division has contacted the Office of Surface Mining, Reclamation Fees
Branch. As of this time, Coors Energy Company, the operator is current in
the payment of reclamation fees required by 30 CFR Chapter VII , subchapter
R. (2.07.6(2)(0) ) .
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SECTION B
The following findings and specific approvals are required by Rule 4
I. Hydrologic Balance - Rule 4.05
A. Water Quality Standards and Effluent Limitations
1 . The applicant has demonstrated that sediment ponds and/or
treatment facilities are not necessary for drainage to meet the
effluent limitations of 4.05.2 and the applicable State and
Federal water quality requirements for downstream receiving
waters . Therefore the Division proposes to grant an exemption
from these requirements. This exemption applies to the entire
site due to demonstration made by Coors that there was no
evidence of surface water flow on the site. (See Appendix K for
study) . See permit Section 2.03.8, pages 32a and 32b and
Technical Revision 23 approved 12/18/89. (4.05.2(3)(a)) .
B. Surface and Ground Water Monitoring
1 . The applicant will conduct monitoring of ground water in a
manner approved by the Division. The ground water monitoring
plan is as follows: (4.05. 13(1 )) .
Monitoring Wells
The table below summarizes well designation, top of casing elevation
and aquifer monitored during 1991 .
Well Elev. Aquifer Location
FPW 4780 Ennis Draw Mine
DH96 4764 Ennis Draw Downstream from Mine
DH122 4814 Ennis Draw Upstream from Mine
SMW-2 4803 Reclaimed Spoil Mine
AMW-1 4804 Undisturbed Mine-Downstream/Ash
Overburden
AMW-2 4811 Reclaimed Spoil Mine-Downstream/Ash
Dry at Bottom of Ash
Elevation
Well sampling and water levels of subsurface water are taken from Wells
SMW-2, AMW-1 , FPW, DH96 and DH122 and are sampled quarterly. AMW-2
remains dry.
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B. Surface and Ground Water Monitoring
Monitoring Wells (continued)
Parameters studied are:
Calcium - dissolved
Iron - dissolved
Magnesium - dissolved
Manganese - dissolved
Molybdenum - dissolved
Sodium — dissolved
Alkalinity, total (as CAC03 to pH 4.5)
Carbonate (as C03
Hardness (as CAC03)
Bicarbonate (as HCO3)
pH (pH units)
Specific conductance (mmhos/cm)
Lead — dissolved
Selenium - dissolved
Total dissolved solids (at 180 degrees C)
Chloride
Sulfate (S04)
SAR
2. There is no surface water monitoring at the Keenesburg Mine Site. On
December 18, 1989 Technical Revision #23 approved the deactivation of
the NPDES permit with the Department of Health concurring. For
further information see pg 32 a—b, Section 2.03. 10 and Appendix I-1
of the permit.
II . Sealing of Drilled Holes and Underground Openings
1 . The Division will require that each hole, well or other underground
opening be capped, sealed, backfilled, or otherwise properly
managed. (4.07.3) .
III . Backfilling and Grading
1 . The applicant has requested additional time for backfilling and
grading following coal removal in a contour strip mine. A detailed
written analysis under 2.05.4(2)(c) has demonstrated that additional
time is necessary. Therefore, the Division proposes to approve the
additional time. (4. 14. 1 )
The variance was granted with the approval of Technical Revision
No. 20 in February 28, 1989 to allow for use of the A and B pits as
fly ash disposal sites .
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IV. Revegetation
1 . The Division proposes to approve the use of introduced species in the
reclamation seed mix. The applicant has submitted information which
shows that the introduced species are desirable and necessary to
achieve the approved post-mining land use, and are not poisonous or
noxious. To convert the land to rangeland uses with warm season
emphasis, two species have been introduced. They are sideoats grama
and yellow Indiangrass . (4. 15.2) .
2. The Division proposes to approve the use of sorghum mulch as a means
to meet soil stabilization requirements. See Minor Revisions 2 and
6. (4. 15.4) .
3. Methods to measure herbaceous cover and production, species diversity,
and woody plant density are discussed in Section 2.04. 10(4) — Plant
Community Measurements. For this permit, there is no minimum
requirement for woody stems per acre. The Division proposes to
approve of these techniques. (4. 15.7(1 )) .
4. To demonstrate that success criteria of 4. 15.8, 4. 15.9, or 4. 15. 10
have been met, the criteria will be: species diversity and
herbaceous cover and production in comparison between the undisturbed
reference areas and reclaimed sites. Species diversity will be
considered successfully reestablished if a minimum of seven perennial
species: four (4) warm season grasses, two (2) cool season grasses
and one (1 ) forb are present. No one species should comprise a
relative importance of greater than 40 percent or less than three
percent.
Herbaceous cover and production standards shall be met when the
reclaimed sites exhibit at least 90 percent cover as compared to
reference areas at a 90 percent confidence interval measured for two
consecutive years. .
The Division proposes to approve the basis for this comparison.
5. The Division proposes to approve of the reference areas which the
applicant has selected based on the requirements of Rule 4. 15.7(3) .
6. The reference areas will be utilized to determine revegetation
success in a manner which the Division finds acceptable. 4. 15.7(4)) .
SES/ern/yjb
1305F
3/10/92
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