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RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1160 (SECOND AMENDED SPECIAL REVIEW PERMIT#386) TO ALLOW THE
DISPOSAL OF MINE WASTE ROCK IN AN EXISTING SOLID WASTE (ASH)
DISPOSAL FACILITY AND SURFACE COAL MINING OPERATION -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 7th day of
January, 1998, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Coors Energy Company, P.O. Box 467, Golden, Colorado 80402, for
a Site Specific Development Plan and Special Review Permit#1160 (Second Amended Special
Review Permit#386) to allow the disposal of mine waste rock in an existing solid waste (ash)
disposal facility and surface coal mining operation on the following described real estate, to-wit:
Part of Sections 25 and 36, Township 3 North, Range 64 West of
the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Ben Doty at said hearing, and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards
for review of said Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, 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. Section 24.4.2.1 -- 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.
980038
('Y 1O/ Pi))f1L1� L;66,e5� ,/V07y PL0113
SPECIAL REVIEW PERMIT#1160 - COORS ENERGY COMPANY
PAGE 2
b. Section 24.4.2.2--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.
c. Section 24.4.2.3 -- 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.
d. Section 24.4.2.4 -- The proposed uses will be compatible with future
development of the surrounding area as permitted by the A (Agricultural)
Zone District 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 24.4.2.5-- The proposal is not located within the Overlay District
Areas identified by maps officially adopted by Weld County.
f. Section 24.4.2.6-- 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 24.4.2.7--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 the 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 the 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
980038
PL0113
SPECIAL REVIEW PERMIT#1160 - COORS ENERGY COMPANY
PAGE 3
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 of County Commissioners shall be satisfied that a need exists
as part of the determinations for any such permit. The application
materials indicate 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Coors Energy Company for a Site Specific
Development Plan and Special Review Permit#1160 (Second Amended Special Review Permit
#386) to allow the disposal of mine waste rock in an existing solid waste (ash) disposal facility
and surface coal mining operation on the hereinabove described parcel of land be, and hereby
is, granted subject to the following conditions:
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.
2. Prior to recording the plat the Special Review plat:
a. The attached Development Standards shall be adopted and placed on
the plat.
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
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SPECIAL REVIEW PERMIT#1160 - COORS ENERGY COMPANY
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Board; however, Weld County has jurisdiction of those
matters outlined in the Development Standards.
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 Site Specific Developement Plan and Special Review Permit
#1160 (Second Amended Special Review Permit#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.
4. Prior to commencement and completion of the mine waste rock hauling activity
for each hauling event, the applicant shall notify the Weld County Public Works
Department for its reevaluation of the haul route. Should road damage occur as
a result of the hauling activity, the applicant/owner shall be responsible for
repairing the road.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of January, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, COLORADO
ATTEST: �Jj� %ij��� .7/��S� � i�'��
Constance L. Harbert Chair
Weld Cou itq4ke
W. H. ebster, Pro-Tem
/ -
BY: .
Deputy fr\� �/t 1 � r
orgy E. Baxter
APP A FORM:
Dal K. Hall
/ L .
ounty Attor ey (tat,—.1 e t e �—
arbara J. Kirkmeyer /!
980038
PL0113
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
COORS ENERGY COMPANY
USR#1160
1. The Site Specific Development Plan and Special Use Permit#1160 (Second amended
Special Review Permit#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.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the
Weld County Zoning Ordinance, as amended.
3. The hours of operation for the Special Review facility shall be 3 a.m. to 11 p.m., seven
days per week.
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. Mine waste rock is defined as geologic materials
derived from mining activities that have not been subjected to chemical processing. 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 analyses as
requested by either the WCHD or the CDPHE.
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.
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.
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.
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.
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DEVELOPMENT STANDARDS - COORS ENERGY COMPANY (USR#1160)
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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.
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.
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 for application to abate dust conditions at
any time necessary.
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.
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.
13. The facility shall be fenced with a three (3) strand barbed wire fence. The fence shall
remain until the area is fully reclaimed.
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.
15. All phases of the operation must conform to the noise limitations set forth in 25-12-103,
CRS, 1973.
16. All storage, handling, preparation and use of explosives shall comply with all applicable
county, state and federal laws and regulations.
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.
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DEVELOPMENT STANDARDS - COORS ENERGY COMPANY (USR#1160)
PAGE 3
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 during
every 48-hour period.
19. Approval must be obtained from the Water Quality Control Commission should capacity
of the sewage disposal system exceed 2,000 gallons per day.
20. The disposal site shall be operated in compliance with all local, county, state and federal
regulations.
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.
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.
23. All references to Adolph Coors Company shall include its heirs, successors and assigns.
24. All construction on the property shall be in accordance with the Weld County Building
Code Ordinance.
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.
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.
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.
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.
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
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DEVELOPMENT STANDARDS - COORS ENERGY COMPANY (USR#1160)
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Development Standards are permitted. Any other changes shall be filed in the office of
the Department of Planning Services.
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.
980038
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