HomeMy WebLinkAbout980134.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephan Mokray 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: USR-1160
APPLICANT: Coors Energy Company
ADDRESS: P.O. Box 467, Golden, CO 80402
PLANNER: Gloria Dunn
PROPERTY ADDRESS: 13495 Weld County Road 61, Keenesburg, CO 80643
REQUEST: A Site Specific Development Plan and 2nd amended Special Review Permit (SUP-386) to
allow the disposal of mine waste rock in an existing solid waste (ash) disposal facility and
surface coal mining operation
LEGAL DESCRIPTION: Part of Sections 25 and 36, T3N, R64W of the 6th P.M., Weld County, CO
LOCATION: Approximately 4 miles north of Keenesburg, adjacent to Weld County Road 59
SIZE OF PARCEL: 788.54 acres, more or less PARCEL NUMBERS: 12152500007,
12153600004
be recommended favorably to the Board of County Commissioners 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, as amended.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Sections
24.3 and 45.4 of the Weld County Zoning Ordinance, as amended, as follows:
a. Section 24.3.1.1-This proposal is consistent with the Weld County Comprehensive Plan, as
amended. The applicant has adequately demonstrated compliance with Environmental
Resources F. Goal 1 which states that a final disposal facility shall locate, develop and
operate in a manner that minimizes interference with other agricultural uses. The existing
facility is located in a remote area of the county where much of the surrounding area is vacant
land. In addition,this application has addressed such issues as adequacy of roads, drainage
control, reclamation plans for the site and permitted capacity in accordance with F. Policy 1.3
of the Environmental Resources section of the Weld County Comprehensive Plan, as
amended.
b. Section 24.3.1.2 -- This proposal is consistent with the intent of the A (Agricultural) zone
district. Solid waste disposal facilities are allowed in the A(Agricultural)zone district with the
approval of a Special Review permit. This site was permitted for surface coal mining under
SUP-386 in 1981 and amended to allow the disposal of ash in 1987. It appears that the
request to include the disposal of mine waste rock in the existing permit will not impact this
operation to a great extent.
980134
RESOLUTION, USR-1160
Coors Energy Company
Page 2
c. Section 243.1.3—The proposal is consistent with Section 24.3.1.3 of the Weld County Zoning
Ordinance, as amended, and will be compatible with the existing surrounding land uses.
Immediate surrounding land uses include vacant range land and a natural gas
plant/compressor station. A sanitary landfill and one residence are located in the general
vicinity of the subject site as well.
d. Section 243.1.4 -- The proposed uses will be compatible with future development of the
surrounding area as permitted by the A (Agricultural) zone districts and with the future
development as projected by the Comprehensive Plan or Master Plan of affected
municipalities. A major factor to consider in the potential future development of the
surrounding area is limited accessibility due to the lack of public roads in this area of the
county.
e. Section 24.3.1.5--The proposal is not located within the Overlay District Areas identified by
maps officially adopted by Weld County.
f. Section 24.3.1.6--The applicant has demonstrated a diligent effort to conserve productive
agricultural land. The request to allow the disposal of mine waste rock at this facility does not
affect the removal of productive agricultural land.
g. Section 24.3.1.7—The Design Standards (Section 24.5 of the Weld County Zoning Ordinance,
as amended), Operation Standards (Section 24.6 of the Weld County Zoning Ordinance, as
amended), Conditions of Approval, and Development Standards ensure that there are
adequate provisions for the protection of health, safety, and welfare of the inhabitants of the
neighborhood and county. The application states that, due to location of the site, access to
the general public is limited. The Development Standards and Conditions of Approval
associated with this recommendation adequately provide for the protection of health, safety
and welfare of the inhabitants of the neighborhood and county.
h. Section 45.4.1 --Certificates of Designation for solid or hazardous waste disposal sites and
facilities as required by Colorado Revised Statutes and Code of Colorado Regulations shall
not be deemed approved until or unless a Use by Special Review Permit has been approved
by the Planning Commission or the Board of County Commissioners where required by this
Ordinance. The Board shall be guided in its review of a Certificate of Designation by state
statute and regulations contained in the Colorado Revised Statutes and Code of Colorado
Regulations. In addition to this request for an amended Special Review permit,the process
for a final waste disposal facility requires the review and approval of a Certificate of
Designation by the Colorado Department of Public Health and Environment. An amendment
to the existing Certificate of Designation for the disposal of mine waste rock at this facility is
being recommended for approval by the State. It will be necessary for the applicant to obtain
approval of both the amended Special Review permit and amended Certificate of Designation
in order to proceed with the proposed land use.
Section 45.4.2--Applicants for activities reviewed pursuant to Section 24 for any Solid Waste
sites and facilities or Hazardous Waste disposal sites shall have the burden of proof to
demonstrate that there is a need for the facility within the proposed area of service, and the
Planning Commission and Board shall be satisfied that a need exists as part of the
determinations for any such permit. The application materials indicate that the addition of
mine waste rock material to the ash disposal operation will accelerate the reclamation process
of the site, returning the land to other productive uses more quickly.
2CC134
RESOLUTION, USR-1160
Coors Energy Company
Page 3
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. The attached Development Standards for the Special Review Permit shall be adopted and placed on
the Special Review Plat prior to recording the plat. The completed plat shall be delivered to the
Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's
Office within 15 days of approval by the Board of County Commissioners. (Planning)
2. Prior to recording the plat the Special Review plat:
a. The attached Development Standards shall be adopted and placed on the plat. (Planning)
b. The following note shall be placed on the 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. (Planning)
3. In the event that the truck traffic generated by the Special Review operation exceeds 25 truckloads
per day, the property owner/operator shall adhere to the requirement of Am SUP-386 for the
placement of an additional two (2) inches of asphalt on a stretch of Weld County Road 59, extending
from Weld County Road 18 north for approximately 2.5 miles to a point where the road is no longer
county maintained. (Public Works Department)
4. Prior to commencement and completion of the mine waste rock hauling activity, the applicant shall
notify the Weld County Public Works Department for its reevaluation of the haul route. (Public Works
Department)
5. The second amended Special Review activity shall not occur nor shall any building or electrical
permits be issued on the property until the Special Review plat is ready to be recorded in the office of
the Weld County Clerk and Recorder. (Planning)
Motion seconded by Arlan Marrs.
VOTE:
For Passage Against Passage
Glenn Vaad
Stephan Mokray
Arlan Marrs
Marie Koolstra
Rusty Tucker
33::134
RESOLUTION, USR-1160
Coors Energy Company
Page 4
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, Wendi Inloes, Recording Secretary for 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 November 4, 1997.
Dated the
/ 4th of N jvemb�err,119977..
t62
Wendi Inloes
Secretary
980134
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
USR-1160
Coors Energy Company
1. The Site Specific Development Plan and 2nd amended Special Use Permit(SUP-386) is for an open
pit coal mine and solid waste disposal facility for ash and mine waste rock in the A(Agricultural)zone
district, as submitted in the application materials dated June 13, 1997, on file in the Department of
Planning Services and subject to the Development Standards stated hereon. Disposal shall be limited
to those areas delineated as A and B pits in the application materials. Disposal of mine waste rock
shall be limited to 33,000 tons per year at this facility. (Planning and Health Departments)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance, as amended. (Planning)
3. The hours of operation for the Special Review facility shall be 3 a.m.to 11 p.m., seven days per week.
(Planning)
4. Each source of mine waste rock shall be approved by both the Weld County Health Department
(WCHD) and the Colorado Department of Public Health and Environment(CDPHE) prior to disposal
at the site. Only mine waste rock as defined in Doty &Associates letter dated October 1, 1997 shall
be considered for disposal at this site. The facility shall submit a detailed, written request for each
source. Each request shall include the following:
A) A comprehensive characterization of the mine waste rock. At a minimum,the characterization
shall include:all 8 R.C.R.A. metals using the toxicity characteristic leaching procedure (TCLP)
and a determination of pH. The characterization shall also include any appropriate additional
analytes as requested by either the WCHD or the CDPHE. (Health Department)
B) A review of the groundwater monitoring parameters. The groundwater monitoring parameters
shall be amended to reflect any appropriate potential leachable materials from the mine waste
rock. (Health Department)
5. The facility shall submit an annual reclamation report. In addition to reclamation activities the report
shall state the quantity and source(s) of mine waste rock accepted. (Health Department)
6. The facility shall comply with the Regulations Pertaining to Solid Waste Disposal Sites and Facilities
(6 CCR 1007-2), the Weld County Zoning Ordinance, as amended, and the Rules and Regulations
of the Colorado Division of Minerals and Geology. (Health Department)
7. The facility shall comply with Section 1.8 of the Regulations Pertaining to Solid Waste Disposal Sites
and Facilities(6 CCR 1007-2), pertaining to financial assurance, by April 9, 1998. (Health Department)
8. The facility shall review and update its existing groundwater monitoring plan by April 9, 1998. The plan
shall comply with Section 2.2 of the Regulations Pertaining to Solid Waste Disposal Sites and Facilities
(6 CCR 1007-2). The plan shall be reviewed and approved by the Weld County Health Department
and the Colorado Department of Public Health and Environment. (Health Department)
9. Fly ash and/or bottom ash and mine waste rock shall be transported in a manner that will prevent
significant fugitive dust from leaving the transport vehicle during loading, transport, and off loading.
(Health Department)
980134
DEVELOPMENT STANDARDS, USR-1160
Coors Energy Company
Page 2
10. The disposal site shall be maintained in such a manner as to prevent significant 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.
(Health Department)
11. 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. (Health Department)
12. The Special Review 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. (Health Department)
13. The facility shall be fenced with a three (3) strand barbed wire fence. The fence shall remain until the
area is fully reclaimed. (Health Department)
14. Lighting provided for security and night operation on the site shall be designed so that the lighting will
not adversely affect surrounding property owners. (Health Department)
15. All phases of the operation must conform to the noise limitations set forth in 25-12-103, CRS, 1973.
(Health Department)
16. All storage, handling, preparation and use of explosives shall comply with all applicable County, State
and Federal laws and regulations. (Health Department)
17. The facility shall conduct an annual analysis of the fly ash and bottom ash. The analysis shall include,
but not be limited to,all 8 R.C.R.A.metals using the toxicity characteristic leaching procedure (TCLP).
The results of the analysis shall be submitted to the Weld County Health Department and the Colorado
Department of Public Health and Environment. In addition, if at any time the source of coal is changed
at the Golden Plant,the TCLP (for all eight metals) analysis shall be conducted on the fly ash and the
bottom ash, and the results shall be submitted to the Weld County Health Department and the
Colorado Department of Public Health and Environment. (Health Department)
18. Covering of the ash and mine wastes shall occur on a regular and frequent basis. At a minimum,the
waste shall be covered with a minimum of six (6) inches of soil every 48-hour period. (Health
Department)
19. Approval must be obtained from the Water Quality Control Commission should capacity of the sewage
disposal system exceed 2,000 gallons per day. (Health Department)
20. The disposal site shall be operated in compliance with all local, county,state and federal regulations.
(Planning)
21. All truck traffic generated by the Special Review permit operation shall be required to utilize the haul
road as shown on the Special Review permit plat. The point of access for the haul road shall be at
Weld County Road 59, south of the Special Review permit area. (Public Works Department)
980134
DEVELOPMENT STANDARDS, USR-1160
Coors Energy Company
Page 3
22. Should the truck traffic generated by the Special Review operation exceed 25 truckloads per day,the
property owner/operator shall adhere to the requirement of Am SUP-386 for the placement of an
additional two(2) inches of asphalt on a stretch of Weld County Road 59, extending from Weld County
Road 18 north for approximately 2.5 miles to a point where the road is no longer county maintained.
(Public Works Department)
23. All references to Adolph Coors Company shall include its heirs, successors and assigns. (Planning)
24. All construction on the property shall be in accordance with the Weld County Building Code Ordinance.
(Planning)
25. The property owner or operator shall comply with the Operation Policies (open mining operations) of
Section 44.4 of the Weld County Zoning Ordinance, as amended. (Planning)
26. The property owner or operator shall be responsible for complying with the Design Standards of
Section 24.5 of the Weld County Zoning Ordinance, as amended. (Planning)
27. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 24.6 of the Weld County Zoning Ordinance, as amended. (Planning)
28. 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, (Planning and Health Departments)
29. The 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
Development 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 Development Standards are permitted. Any other changes shall be filed
in the office of the Department of Planning Services. (Planning and Health Departments)
30. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners. (Planning)
980134
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