HomeMy WebLinkAbout980135.tiff INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION
Applicant: Coors Energy Company Case Number: USR-1160
Submitted or Prepared
Prior
to Hearing At Hearing
1. P.C. Resolution X
2. Comments
a. Land Use Summary sheet X
b. Staff recommendation X
c. Staff Field Check X
d. Staff letter to applicant X
3. Legal notice X
4. Application (54 pp.) X
5. Plat(2 sheets) X
6. Referrals without comments
a. Division of Wildlife (7/9/97) X
b. Town of Keenesburg (6/30/97) X
c. Bruce Kauff (6/30/97) X
d. Referral list X
7. Referrals with comments
a. Weld County Health Dept. (10/15/97) X
b. Weld County Public Works Dept. (7/21/97) X
c. CO Dept. Of Public Health/Environ. (9/9/97) X
d. Office of the State Engineer (7/8/97) X
8. DPS Maps (2) X
9. Deeds X
10. SPO's X
11. Utilities
a. Well permits X
12. Soil Survey X
I hereby certify that the 12 items identified herein were submitted to the Department of Planning Services
at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded
to the Clerk to the Board's office on November 10, 1997
G .ri- Dunn, Current Planner
980135
STATE OF COLORADO )
COUNTY OF WELD )
SUBSCRIBED AND SWORN TO BEFORE ME THIS '4&day ofArtrelerobtlj 1997.
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Case Number. USR-1160 Hearing Date: November 4, 1997
Applicant: Coors Energy Company
Address: P.O. Box 467, Golden, CO 80402
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: Parts of Sections 25 and 36, T3N, R64W of the 6th P.M., Weld County,
CO
Location: Approximately 4 miles north of Keenesburg, adjacent to WCR 59
Size of Parcel: 788.54 acres, more or less
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Sections 24.3 and 45.4 of the Weld
County Zoning Ordinance, as amended.
Coors Energy Company established a surface coal mining operation in 1981 under SUP-386. In
1987, approval was granted for a Certificate of Designation and an amendment to the Special Use
permit to additionally allow a solid waste disposal facility for ash. In 1993, a portion of the Special
Use permit site (parts of Sections 26 and 35)was vacated. The present acreage for the existing and
requested uses is 788.54.
The Department of Planning Services' staff has received responses from the following agencies:
• Colorado Department of Public Health and Environment, Hazardous Materials and Waste
Management Division
• Weld County Public Works Department
• Colorado Division of Wildlife
• Town of Keenesburg
• Colorado Office of the State Engineer
• Weld County Health Department
EXHIBIT
I
980135
(its
C.
COLORADO
PLANNER: Gloria Dunn HEARING DATE: January 7, 1998
APPLICANT: Coors Energy Company
ADDRESS: P.O. Box 467, Golden, CO 80402
REQUEST: Amended Certificate of Designation for Solid Waste Disposal Facility to allow the
disposal of mine waste rock in addition to the permitted disposal of ash
LEGAL DESCRIPTION: Parts 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
ZONING: A(Agricultural)
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS
REQUEST BE APPROVED FOR THE FOLLOWING REASONS:
1. The Conditions of Approval and Development Standards in Use by Special Review permit
#1160 (2nd amendment to SUP-386) will minimize the impacts to surrounding property and the
area to the greatest extent possible. The Conditions of Approval and Development Standards
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 facility will provide convenience and accessibility to the user, Coors
Energy Company.
3. The applicant has demonstrated in the submitted application materials its ability to comply with
the health standards and operating procedures of the Solid Waste Disposal Sites and Facilities
Act, Title 30-20, Part 1, CRS, as amended.
980135
Coors Energy Company, Certificate of Designation
page two
4. The Colorado Department of Public Health and Environment and the Weld County Health
Department have reviewed this request and fmd, subject to conditions, the use will comply with
the RP relations Pertaining to Solid Waste Disposal Sites and Fac ities Act, Title 30-20, Part 1,
CRS, a,_: amended.
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 Department of Planning Services's staff recommendation for approval is conditional upon the
following:
1. The property shall be maintained in compliance with USR-1160 (2nd amendment to SUP-386),
all submitted application materials on file with Weld County, and all requirements of the Weld
County Health Department and the Colorado Department of Public Health and Environment.
980135
�1 SPECIAL REVIEW PERMIT
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COLORADO
PLANNER: Gloria Dunn
CASE NUMBER: USR-1160 HEARING DATE: November 4, 1997
APPLICANT: Coors Energy Company
ADDRESS: P.O. Box 467, Golden, CO 80402
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
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS
REQUEST 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, as amended.
2. It is the opinion of the Department of Planning Services's staff 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
EXHIBIT
980135 I
USR-1160, Coors Energy Co.
Page two
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.
c. Section 24.3.1.3 -- 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 24.3.1.4--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
135
USR-1160, Coors Energy Company
Page three
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.
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 Department of Planning Services's staff 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
980135
USR-1160, Coors Energy Company
Page four
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)
980135
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.
980135
USR-1160, Coors Energy Company
Page six
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)
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 reclaimted. (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)
980135
USR-1160, Coors Energy Company
Page seven
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)
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
980135
USR-1160, Coors Energy Company
Page eight
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)
980135
Field Check inspection date: October 9, 1997
Case Number USR-I 160
Applicant Coors Energy Company
Request Site Specific Development Plan, 2nd amended Special
Review permit (SUP-386) and amended Certificate of
Designation for a surface coal mining operation and solid
waste disposal facility to allow the disposal of mine waste
rock in addition to the existing permitted disposal of ash.
Legal Description Parts of Sections 25 and 36, all in T3N, R64W
Location Approximately 4 miles north of Keenesburg, adjacent WCR
59
Zoning Land Use
N A (Agricultural) N Rangeland, oil & gas facilties
E A (Agricultural) E Rangeland, natural gas compressor station
S A (Agricultural) S Rangeland
W A (Agricultural) W Rangeland, East Weld sanitary landfill
Unsafe Conditions: There are no apparent unsafe conditions on the site
Comments: The facility is removed from most surrounding land uses except for a
natural gas compressor station to the east and a4 landfill located to the west. The
nearest residence is more than I mile from the site. The access is from WCR 59,
which is paved all the way into the property from the south. Oil and gas structures are
in the southeast corner of the site.
Gl.ria Dunn**Current Planner
EXHIBIT
980135L±J
(ice a
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
1 1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
111C.
COLORADO
June 20, 1997
Donald W.MacDonald
Coors Energy Company
P.O. Box 467
Golden,CO 80402
Subject: USR-1160- Request fora Site Specific Development Plan, 2nd amended Special Review permit(SUP-386)and
amended Certificate of Designation for a surface coal mining operation and solid waste disposal facility to allow
the disposal of mine waste rock in addition to the existing permitted disposal of ash and mining of coal on a
parcel of land described as parts of Sections 25 and 36, all in T3N, R64W of the 6th P.M., Weld County,
Colorado.
Dear Mr.MacDonald:
Your application and related materials for the request described above are being processed. It is the policy of Weld County
to refer an application to any town or municipality lying within three miles of the property or if the property 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 Cheryl Jesser with the Town of
Keenesburg,at 970-732-4281,for further details regarding the date,time,and place of this meeting. It is recommended that
you and/ora representative be in attendance at the Keenesburg Planning Commission meeting to answer any questions the
Commission members may have with respect to your application.
A meeting with the Weld County Planning Commission will be scheduled following our receipt of referral comments from
the Colorado Department of Public Health and Environment.
If you have any questions concerning this process, please call.
Respectfully,
lo 'a Dunn
urrent Planner
pc: Ben Doty
Doty and Associates
20011 Golden Gate Canyon Road,Suite 100
Golden, CO 80403-8125
GD/tp
1 EXHIBIT
9130135 $ p
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