HomeMy WebLinkAbout20252528.tiffResolution
Approve Partial Vacation, VAC25-0016, of Use by Special Review Permit,
USR-1160 — 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, by Resolution dated January 7, 1998, the Board approved Use by Special
Review Permit, USR-1160, to allow the disposal of mine waste rock in an existing solid
waste (ash) disposal facility and surface coal mining operation for Coors Energy
Company, 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, the Board has received a request from the current property owner, Coors
Energy Company, P.O. Box 4030, BOC 5, Golden, Colorado 80402, to partially vacate
Use by Special Review Permit, USR-1160, 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
Department of Planning Services staff, and all of the exhibits and evidence presented in
this matter, and having been fully informed, deems it advisable to approve said partial
vacation, conditional upon the following:
1. Pursuant to Section 23-2-280.B of the Weld County Code, the applicant shall
submit a revised USR map, titled and recorded in the records of the Weld County
Clerk and Recorder as "Partial Vacation of Use by Special Review Permit,
USR-1160", conforming to Section 23-2-260.D of the Weld County Code.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that Use by Special Review Permit, USR-1160, be, and hereby is, partially
vacated, with the abovementioned condition for the revised USR map, titled and recorded
in the records of the Weld County Clerk and Recorder as "Partial Vacation of Use by
Special Review Permit, USR-1160".
5056649 Pages: 1 of 2
10/01/2025 10:22 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County CO
VIII KrR'4 ! Palif lli Y ifikA 01 iM'AO h��fY h "Ili
cc:PL(bE/1-tJ/bi),ASR(56), 2025-2528
RPPL• PL0113
t/i2/2.5
Partial Vacation, VAC25-0016, of Use by Special Review Permit, USR-1160 —
Coors Energy Company
Page 2
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 10th day of September, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Excused
Lynette Peppler: Aye
Kevin D. Ross: Excused
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
5056649 Pages: 2 of 2
10/01/2025 10:22 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
11111 FAIL1 NAMICIr4li "Ill
2025-2528
PL0113
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
TO: Weld County Board of County Commissioners CASE: VAC25-0016
FROM: Diana Aungst, Principal Planner
SUBJECT: Partial Vacation of USR-1160 — coal mine and waste ash disposal site
HEARING DATE: September 10, 2025
APPLICANT: Coors Energy Co do Ben Moline
PO BOX 4030, Golden, CO 80402
LEGAL Being a part of the N2 of Section 36, Township 3 North, Range 64 West of the
DESCRIPTION: 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to County Road 59 and approximately 0.6 miles north of
County Road 26 (section line)
PARCEL #: 1215-36-2-00-004
PARCEL SIZE: +1- 200 acres ZONE DISTRICT: A (Agricultural)
SUMMARY:
On August 7, 2Q25, the Department of Planning Services received a request from the applicant to partially
vacate Use by Special Review permit USR-1160. This partial vacation is a Condition of Approval on USR24-
0027 which was approved on May 21, 2025, for a 7.2 MWAC Solar Energy Facility (SEF) (Keenesburg
Solar Project). The SEF will encompass about forty-two (42) acres of a two hundred (200) -acre parcel
owned by Coors Energy Co.
On June 2.0, 1979, the BOCC approved USR-386, for the Coors-Keenesburg mine an open cut mining
permit for surface coal mining. The map for USR-386 was recorded July 2, 1980, reception #1829039. On
April 20, 1987, the BOCC approved an amendment to USR-386 to include waste ash disposal in the mined
area. AmUSR-386 was recorded on June 4, 1987, reception #2102244. USR-1160 (identified as the 2nd
amendment to USR-386) is located on the subject property and on the parcel to the north. October 14,
1992, USR-386 was amended (unofficially) due to the approval of USR-966, for a sanitary landfill, that
overlapped the some of the parcels that were encumbered by USR-386. USR-1160 was approved for a
surface coal mine in 1979 and in the 1990s amended to add the disposal of mine waste rock and waste
ash. USR-1160 was approved by the Board of County Commissioners (BOCC) on November 4, 1997, and
recorded on February 19, 1998, at reception #2594953 and encompasses about 550 acres on both Section
25 and Section 36. The applicant is adjusting the property line between Section 25 and 36 to place USR-
1160 for the coal mine and waste ash disposal site on a separate parcel from the Solar Energy Facility.
The applicant has received letters from the Division of Reclamation and Mining Safety indicating a technical
revision was approved. Additionally, Colorado Department of Public Health and Environment (CDHPE) has
stated that there are no concerns with the status of the Certificate of Designation (CD) and no vacation of
the CD is required. The partial vacation is necessary prior to the recording of USR24-0027 to ensure that
there are no overlapping USR's.
The Department of Planning Services is recommending approval of this vacation.
2025-2528
Partial Vacation of USR-1160
PLd113
To Whom it May Concern,
I/We /afv' c� )e 6 l (2e.'
(Name(s) of Property Owner(s))1 /,,
are writing to request the (complete / c / ) vacation of g- ae k O
(Circle one.) (Insert case number.)
ge-A-, Me, ,c -,vim
Print: Owner or Authorized Agent
1ei ZS"
o Print Owner or Authorized Agent Date
Signature: Owner or Authorized Agent Signature: Owner or Authorized Agent
=XPI ANATION
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BEFORE USR 1160 'L°g00
4 LSON SLVO[, A REGKTFRF
THAT TNF SURVEY RFIRESFN
PUi K AN ACCUMTE RFPM
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RFG KTMTpN TOR PROFESS',
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AN ARU OF UND LOGTED IN TNF NORTH Mli OL SECTION 36. TOW N9NIP 3 NORTH, MNGF w W EST Of THE 6TH
P M, COUNtt Df WFLO, STATE Oi LOLOMOO;
BEGINNING AT THE NORTHWEST CORNER Of MIO SECTION 36, IRS MONUMEMIED BYA FOUND R6 RFMR WRHA
333' ALUMIpzM CAP, TLS 108551, FROM WNICN TNF NORTH 3/16mRNE0.0F SECEpN 33AN0 SECION 36, IAS
'4=1.NTEp BYA 206 REBM WRXA3.33'ALUMIMUNGI, PL51g551, BfAR5B00'0/43'F, pKTAN[F
OF 1,31J.9J FEET, igIMING TXF BASIS OF BURING9 UED IN THK DESGIITpN;
THENCE, N 1011'30" E, AIONG THE NORTH u"""""'""'"'°""'""" OKTANCE Of 3,63401IFFY
TO TNF N3/1 CORNER OF SAID SECTION 3fi;
THENCE90013'69' E, A.31..3Of 103.33333,
THENCE i 03/1000/ E, A OKUNCF 03 336.16333,
THENCE N 09'IS'33'W, A DKTANCE OF ]6J/] FFEi ill THE NORTH LINE Of THE NFU/ O39AID SECTIDN 36;
THENCE ALONG THE NORTH IINF Of THE NE]JI OF SMD 5ERION 36, N 99'11'30' F, A OKTAN[E OF 10).91 IEEE TO
THE BEGINNING Of A NONTANGENT CURVE TO THE RGHT ON THE W ESTERIY TINE Of [OUNtt ROA061 AND THE
W 6TUlY IINF OF GUrtEIKEN MFA"NF5, LLCAf RFCOROFU IN RECEInON NUMBER 18N3fi6;
THENCE ALONG SAp WESTFRIY IINFAIOMG ACURVE i0 THE RGHT, MVING A M0115Of 3,H3.W FEET, WRH A
OEIiA ANGIF Of 1030.36". A OKTANCF OF 653,16 IFFY, IMVIXG A CHOROOF WHCH BGRB S OS'Ofi'33' F, 633.93
IFFY;
THENCE .13 .1011.0 ALONG 3.0.333.33.003, 90010'58" 13, A DISTANCE O3 336.33 LEFT;
THENCE 1 M'00/9" 3,A D6TAMCf Of 19A1 FEET i0 iNE.3TEMY LINE Of 0.09ECTIOM 36;
THENCE AWNG 5Ap EASTERLY LINE, 3009342' W, A DISTANCE OF93.59 FfET i0 iNE NORTH 1/16TH CORNER OF
9A10 SECEX3N 36AND SfLT10H 3l Of T3N, RNW OF THE 6TN P.M.;
THENCE 0093010" W, A OAT... 630.00 33,
THENCEALONG THE90VTH UHFETHENW/11Of THE',72 OEMIDSFCEpN3k 51011'-W,ADKTANC
031,31600 TEFL TOTNE NORTH/16tH CORNER Of MID9FCfION 36AND 9ECTNMi 35;
10ARU Of ....TAN.. 313.0 SQUARE FFFT OR 193.130 ACRES MORE OR LE55.
SURVEYOR CERTIFICATE:
OfFt6 NRIU 3URWYd INTNF STATE Of [OlOM00, 00 HEREBY CFROW
W THK PUT WAS IMOf UNpFR MY PERSONAL SUPERVISION, ANp THAT TNK
AipN THEREOF. I fURTNER CFRTIfY THAT TNF SURVEY ANp TNK PUTCOMPLIES
UUTION9 ANO UWS OF THE STATE OF LOlOM00, STATE BMRD Of
l ENGINEEp ANO IROFESSIOWI Uf30 SURVEYORS. AND WELD COUNTY.
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USE BY SPECIAL REVIEW PERMIT MAP ER.R
USR-116O
for
COORS ENERGY COMPANY
located in the V of Section 25 and the NE ! Df
Section 36, T3N, R64W of the 6th P.M. in Weld
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Use by Special Review Vacation Application
Planning Department Use: Date Received:
Amount $ Case # Assigned:
Application Received By: Planner Assigned:
❑ Complete Vacation (Revokes the USR/SUP/CUP.)
A Partial Vacation of a USR. A Partial Vacation USR map is required. The boundaries of the USR must
match the property boundaries.
Property Information
Case Number/Title of USR to be vacated/partially vacated: 1/. ///0
Site Address: /2Q7d
Parcel Number: 2 I 47- 2 5-- •. - 0 O -&
Parcel Number: L..2-/ ,j P - - - (J O
Legal Description: lOog..t,4 F Section: (g , Township 3 N, Range W
Property Owner(s) (Attach additional sheets if necessary.)
Name:
Company: I /
Phone #:.'03 2 -7-3.34'2 Email: zh . �a/,He & mdSeskleeOrS . cool
Street Address: PO Rc x V.030, s0� S
City/State/Zip Code: CDc c !a 'SO Yo.2
Applicanntt/AuthorizeednAgent (Authorization form must be included if there is an Authorized Agent.)
Name:
Company:wAs E,u»e& - c h')9P/ ro J
Phone #:.303 Z 9-7 33/t Email: 4eu, rha%ineg me Let_oaraerf: Casa -s
Street Address: b Aic y ® l See 5.--
City/State/Zip Code: icr_, u & - GOP i ®
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained
within the application are toe and correct to the best of my (our) knowledge. All fee owners of the property must sign this
application, or if an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application.
If the fee owner is a corporation, evidence must be included indicating the signatory has the legal authority to sign for the
corporation.
Signature: Owner or Authorized Agent Signature: Owner or Authorized Agent Date
to
Print Owner or Authorized Agent Print: Owner or Authorized Agent
04/24 3
Departments of Planning
Building, Development Review
and Environmental Health
1402 North 17TH Avenue
P.O. Box 758
Greeley, CO 80632
Authorization Form
I, (We), &tees , give permission to G'� 8[. i0
(Authorized Agent/Applicant—please print)
(Owner — please print)
to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located
at (address or parcel number) below:
Legal Description: j\jE3 9.--114- 14AL F
Subdivision Name: 10/
Property Owners Information:
Address: b SOX V&,3®a SCL S"
Phone:,' 3 • Z -33e/ E-mail: ii• #4io /! nw /140 /Se 1 ri CavvL
Authorized Agent/Applicant Contact Information:
of Section 640 , Township N, Range Zi7 W
Lot .1,O- Block N0c-
Address: f(J geAt ,'C.LS3 gee
.
Phone: 'O3• - 3/9 E -Mail: ! • ,'lszs///'12 c mel.SCY1(-,
Correspondence to be sent to: Owner,/V Authorized Agent/Applicant by: Mail Emai
Additional Info:
I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this
document, that the information stated above is true and correct to the best of my (our) knowledge.
Owner Signature
Date
t
Subscribed and sworn to before me this 1 5 day
My commission expires /i v1 `_-Lio
04/24
DANIELLE PEASE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20224009747
MY COMMISSION MIRES MARCH 10, 2026
/U/'M-
Owner Signature
Date
of //( , 20
�
X
ary Public
by
When Recorded
Return To:
Coors Energy Company
c/o David Knaff
3939 W Highland Boulevard
Milwaukee, WI 53208
5000716 Pages: 1 of 2
12/18/2024 12:02 PM R Fee:$18.00
Carly Koppel. Clerk and Recorder, Weld County CO
'lilt 11/FAINWIllielelikliAllailfiffrthillagiiii 11111
STATEMENT OF AUTHORITY
(Colorado Revised Statute, Section 38-30-172)
1. This Statement of Authority relates to an entity named: COORS ENERGY COMPANY.
2. The type of entity is a corporation.
3. The entity is formed under the laws of Colorado.
4. The mailing address for the entity is 3939 W Highland Boulevard, Milwaukee, Wisconsin
53208.
5. The name and position of each person authorized to execute instruments conveying,
encumbering, or otherwise affecting title to real property on behalf of the entity is:
Ben Moline, General Manager and Assistant Secretary
6. The authority of the foregoing person to bind the entity is not limited.
7. This Statement of Authority is executed on behalf of the entity pursuant to the provisions
of Colorado Revised Statute Section 38-30-172(2).
8. This Statement of Authority amends and supersedes in all respects any and all prior dated
Statements of Authority executed on behalf of the entity.
Executed this 12`t' day of December 2024.
COORS ENERGY COMPANY
By.
Name: David Knaff
Title: Secretary
When Recorded
Return To:
Coors Energy Company
c/o David Knaff
3939 W Highland Boulevard
Milwaukee, WI 53208
STATE OF WISCONSIN
COUNTY OF MILWAUKEE
Ta
Nots Signature
Dya L. Papenfus, Notary Public
My commission expires: June 29, 2028
5000716 Pages: 2 of 2
12/18/2024 12:02 PM R Fee:$18.00
Carly Koppes, Clerk and Recorder, Weld County , CO
l��r'Ati!e Mil'h'f 111,10Kril Yuri, lull
ivtUST BE TYPED
FILING FEE: $25.00
MUST SUBMIT TWO COPIES
Please include a typed
self-addressed envelope
Mail to: Secretary of State
Corporations Section
1560 Broadway, Suite 200
Denver, CO $0202
(303) 394-1,51
Fax' (303) 894=2242
ARTICLES OF AMENDMENT
TO THE
ARTICLES OF INCORPORATION
Pursuant to the provisions of the Colorado Business Corporation Act, the undersigned
Articles of Amendment to its Articles of Incorporation:
FIRST: The name of the corporation is
Coors Energy Company
SECOND: The following amendment to the Articles of Incorporation was ad
19 96 , as prescribed by the Colorado Business Co
below:
X
No shares have been issued or Directors E
No shares have been issued but Directors Elect
Such amendment was adopt by • - rd of directors where shares have been issued.
Such amendment was adopt
amendment wa I !dent for a
The fi sentence of Article VII of the Articles of Incorporation
is heresy •men to read as follows:
For office use only
V1)
571009494 M $25.00
SECRETARY OF STATE
E
01-22-57 11:05
corporation adopts the following
December 4, •
ct, in the manner marked with an X
n by Incorporators
ction by Directors
of the shareholders. The number of shares voted for the
The a airs of the Corporation shall be governed by a Board of
not less than three Directors; except that there need be only
as many directors as there are shareholders in the event that
the outstanding shares of record are held by fewer than three
shareholders.
THIRD: The manner, if not set forth in such amendment, in which any exchange, reclassification, or cancellation of issued
shares provided for in the amendment shall be effected, is as follows:
If these amendments are to have a delayed effective date, please list that date: N/A
(Not to exceed ninety (90) days from the date of filing)
By Patricia J. Smith
Its Secretary
Title
d, NATALIE MEYER , ,2ectei6/ Nate o/ /he Nah a '
Wakuuk hetely cedib Mai re ,ixeheguioIIe4 /e4 I/e isuetnce
6/ £4 ce�i� jica/e /lame leer taped im ceen4/,r'amce wdi lee
a�na/ et4e found la canfron la k.
eideavaaf, , /he um�r h4(9nea�, 4c eoth,e of die aa/ho4
ve44Ain me 4y , he/Ge 144u.ed H C:EF'T 1 F T CA IE OF AMENDMENT
1"G l0_IRS ENERGY COMPANY.
SECRETARY OF STATE
DATED, SEPTEMBER .•_9, 1 98 r'
tor oil, Utionly
Ss Fars 64 inn. 1/116)
SearakDuplicate
FM. fee 622.50
This doe.. erect M-iTtowriaea
MAIL TO:
Colorado Secretary of State
Corporations Office
1560 Broadway, Suite 200
Denver, Colorado 80202
(303)966-2361
ARTICLES OF AMENDMENT
to the
ARTICLES OF INCORPORATION
Pcnuant to the provisions of the Colorado Corporation Code, the undersigned corporation adopts the following Articles
of Amendmems to its Articles d Incorporation:
FIRST: The name of the corporation is (note I) Coors Energy Company
SECOND: The following amendment to the Articles d incorporation was adopted on June 8,
19_LI, as prescribed by the Colorado Corporation Code, in the manner marked with an X below:
Such amendment was adopted by the board of directors where no shares have been issued
__X_ Such ateeed neat was adopted by vote of the shareholders. The number of shares voted for the amendment was
pdEetem for approval.
Subparagraph 5 of paragraph B of Article III is deleted
and subparagraph 6 thereof is renumbered as subparagraph 5.
A new Article X is adopted, as follows:
ARTICLE X
Indemnification
The corporation may indemnify its directors, officers,
employees and agents against liabilities and expenses incurred
in their corporate capacities in a manner consistent with
the provisions of the Colorado Corporation. Code.
THIRD: The manner, if not set forth a such amendment, in which any exchange, reclassification, or cancellation of
issued shaves provided for in the amendment shall be effected, a as follows: Nose
FOURTH: The manner in which such amendment effects a change in the amount of stated capital, and the amount of
stated capital as changed by such antendnxnt, em as follows: None
xartw.es
COORS ENERGY COMP
Arr,r
oa.
(Note 1)
(Note 2)
(Note 3)
NOTES: 1, Ewer corporate lame of eeeporettee edeedee the Ankles of Aeeeede eeta, (If tbb is a cheap datum eteeedsreat the
arms before this amendment b flied)
2 9lgasteeee sad Mee of emeeee signing foe the eeeporatloe.
3. Whore eo duns hen been bawd, sigeatwe of a director.
,93-, MARY ESTILL BUCHANAN, Yec4d4 92 a c/, the
Na e a/ Woloacto heavy co,* gat A4the
iouu nce 4/ /h14 cedificak have eeen Maied in ely►i2fl iif,P/!?ee
wah kw and abe loomi to canfran 1O ka:.
s , re u� ned', l.^�/ idete of the aa//o•≥i
2Q64/ea, to one 4 law, 40404, 64-0u4 A CERTIFICATE OF I NC_:ORPORA l I.ON
TO COOPS ENER'G'Y C iMPAN'z.
DATED:
NOVEMBER 6, 1980
SECRETARY OF STATE
6 '9:25
/3<rc)
ARTICLES OF INCORPORATION
OF
COORS ENERGY COMPANY
6 la
t
I, the undersigned, a person over 21 years of
age, desirous of becoming a body corporate, as incorporator,
hereby verify the following to be the Articles of Incorpora-
tion of Coors Energy Company.
ARTICLE I
NAME
The name of the Corporation shall be Coors Energy
Company.
ARTICLE II
DURATION
The Corporation shall have perpetual existence.
ARTICLE III
PURPOSES AND POWERS
A. The purposes for which the Corporation is
organized are:
1. To explore, prospect, drill for, product,
market, sell, and deal in and with petroleum, oil, minerals,
natural gas, gasoline, hydrocarbons, oil shales, sulphur, coal,
metals, ores of every kind and to produce by-products, combina-
tions, and derivatives thereof; and to deal in and with, and to
sell, lease, exchange, and otherwise dispose of oil, gas, mineral
and mining land, wells, mines, rights, royalties, over-riding
royalites, oil payments and other oil, gas, and mineral interests,
claims, locations, patents, easements, rights -of -way, franchises,
real and personal property, and all interests therein.
2. To engage in any lawful act or activity for
which corporations may be organized under the laws of the
State of Colorado.
B. Without limitation and in furtherance of the
purposes set forth above, the Corporation shall have and may
exercise any and all of the rights, powers and privileges
now or hereafter conferred upon corporations organized under
and pursuant to the laws of the State of Colorado, including
the following powers:
1. To acquire by purchase, exchange, lease,
or otherwise, and to hold, mortgage, pledge, hypothecate,
exchange, sell, invest in and dispose of, alone, or in
syndicates, or otherwise in conjunction with others, real
and personal property of every kind and character, of whatso-
ever nature and wheresoever situate, and any interests
therein.
2. To acquire by purchase, exchange, or
otherwise, all or any part of, or interests in, the proper-
ties, assets, business, goodwill of any one or more persons,
firms, associations, or corporations heretofore or hereafter
engaged in any business for which corporations may now or
hereafter be organized under the laws of the State of Colorado.
3. To borrow or raise money without limit as
to amounts; to contract for, perform, and provide for the
performance of services in any nature which a corporation
may lawfully perform; to act as a dealer for the sale of, to
enter into underwriting agreements with respect to, to grant
options with respect to, and to contract for the disposition
of, or otherwise dispose of, the Corporation's stocks,
bonds, and other securities.
4. To invest and deal with the funds of the
Corporation in any manner, and to acquire by purchase or
otherwise the stocks, bonds, notes, debentures and other
securities and obligations of any corporation, association,
partnership or government, and while the owner of any such
securities or obligations, to exercise all the rights,
powers and privileges of ownership, including, among other
things, the right to vote thereon for any and all purposes.
-----���� S. To indemnify of£zccrs and dircctara
against losses which said officers and directors, or any
of them, shal a legally obligated to pay as a result
of any actual or alle ror or misstatement or misleading
statement or act or omission ar--neglect or breach of duty by
the officers and directors in the disge of their duties
as such, individually or collectively, or an ter claimed
against them solely by reason of their being office
directors of the Corporation.
5 ,El To do everything necessary, proper,
advisable, or convenient for the accomplishment of the
Corporation's purposes and all other things incidental
thereto or connected therewith so long as the same not be
prohibited by law or by these Articles of Incorporation.
-2-
ARTICLE IV
CAPITAL STOCK
The authorized capital stock of the Corporation
shall consist of 100 shares of common stock, with a par
value of $1.00 per share.
ARTICLE V
PREFERENCES, LIMITATIONS AND
RIGHTS OF CAPITAL STOCK
All shares of the capital stock authorized in
Article IV shall have equal rights and privileges, including
the following:
A. All outstanding shares shall share equally in
dividends and upon liquidation of the Corporation.
B. At all times each shareholder of the Cor-
poration shall be entitled to one vote for each share of
such stock standing in his name on the books of the Corpora-
tion.
C. Cumulative voting shall not be allowed in the
election of directors or for any other purposes.
D. No shareholder of the Corporation shall have
any preemptive or preferential right of subscription to any
shares of any class of stock of the Corporation, whether now
or hereafter authorized, or to any obligations convertible
into shares of the Corporation, issued or sold, nor any
right of subscription to any shares other than such right,
if any, and at such price as the Board of Directors, in its
discretion from time to time may determine, pursuant to the
authority hereby conferred by the Articles of Incorporation,
and the Board of Directors may issue shares of the Corpora-
tion or obligations of the Corporation convertible into
shares without offering such issue, either in whole or in
part, to the shareholders of the Corporation. The Board of
Directors may issue stock options to directors, officers,
and employees, in accordance with applicable law and without
first offering such options to shareholders of the Corpora-
tion, and no shareholders shall have any preemptive right
in, or preemptive right to subscribe to, any such options or
the underlying shares issued pursuant to such options.
E. The Corporation may, in its Bylaws or other-
wise, impose restrictions on the transfer of its shares.
-3-
ARTICLE VI
INITIAL REGISTERED OFFICE AND AGENT
The initial registered office of the Corporation
shall be located at c/o Adolph Coors Company, 12th and East
Street, Golden, Colorado 80401 and the initial registered
agent at such address shall be Max W. Goodwin.
ARTICLE VII
DIRECTORS
The affairs of the Corporation shall be governed
by a Board of not less than three (3) Directors. Subject to
such limitation the number of Directors and the method by
which they shall be elected shall be in accordance with the
Bylaws of the Corporation. The names and addresses of the
members of the initial Board of Directors, who shall hold
office until the first annual meeting of the shareholders of
the Corporation or until their successors shall have been
elected and qualified are:
NAME ADDRESS
Max W. Goodwin
William K. Coors
Joseph Coors
B. L. Mornin
Adran A. Phillips
Salina Star Route
Boulder, Colorado 80302
Route 5, Box 763
Golden, Colorado 80401
100 Castle Rock Drive
Golden, Colorado 80401
12500 Willow Lane
Lakewood, Colorado 80215
15173 Willowbrook Lane
Morrison, Colorado 80465
ARTICLE VIII
BYLAWS
The initial Bylaws of the Corporation shall be
adopted by its Board of Directors, in which also shall be
vested the power to alter, amend, or repeal the Bylaws or to
adopt new Bylaws.
-4-
ARTICLE IX
INCORPORATOR
The name and address of the incorporator of the
Corporation is as follows:
NAME ADDRESS
Max W. Goodwin Salina Star Route
Boulder, Colorado 80302
ARTICLE X
Indemnification
The corporation may indemnify its directors, officers,
employees and agents against liabilities and expenses incurred
in their corporate capacities in a manner consistent with
the provisions of the Colorado Corporation Code.
Max W. Goodwin
STATE OF COLORADO )
) ss.
County of Jefferson )
I, Timothy L. Campbell, a Notary Public in and for
the State of Colorado, hereby certify that on the 31 day of
October, 1980, Max W. Goodwin, personally appeared before me,
who, being first duly sworn, declared that he is the person
who signed the foregoing Articles of Incorporation as incor-
porator and that the statements thereip contained rue.
7 +•w
Notar
My commission
expires: August 3, 1981.
-5-
Weld County Treasurer
Statement of Taxes Due
;Account Number 88981 125
.assessed To
Parcel 1215_ib200006
COORS ENERGY CO
PO BOX x030
GOLDEN". CO 8(1402-1030
Legal Description Sites Address
Tax
Interest
Fees
Year
Pavtnents Balance
Tax Charge
2024
Total Fax Charge
$100.38
$0.00
$0.00
($100.3II)
Grand Total Due as of 08/01/2025
$0.00
$0.00
7as Billed :U 2024 Rates for "lax Area 2442 - 2442
Authority
WELD COrNT,"
SCHOOL. DIS 1 kE314.1:ENt•SIR:RG
S. E VOID FIRE.
AIMS .11,1O8 COLL.EGI,
111O11 PLAINS LIHR ARV
Lazes lolled 202.1
* Credit Levy
Mill Levy Amount Values
15 9560000* $30 96 AG -MOVING LAND
15 9960000 $.31.04 Total
10 3030000 01999
6 3050000 $12 23
3 1790000 56.16
51 7390000 $100 38
Actual Assessed
S7,339 $1.940
$7.3:)9 $1,940
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE
LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES.
CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE
FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1
TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK.
POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS. PAYMENTS MUST BE IN OUR OFFICE AND
PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH
Weld County Treasurer's Office
1400 N 17th Avenue
PO Box 458
Greeley, CO 80632
Phone: 970-400-3290
Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due
issued by the Weld County Treasurer are evidence that as of this date, all current and prior year
taxes related to this parcel have been paid in full.
=aMNAti9Date: CPloi1205
1400 N. 17th Avenue, Greeley, CO 80631 or PO Box 458, Greeley, CO 80632. (970) 400-3290 Page 1 of 1
Weld County Treasurer
Statement of Taxes Due
Account Number 88981123
,assessed To
Parcel 121525300002
COORS ENERGY CO
PO BOX 4030
GO1,D1;N, CO 80402-4030
Legal Description Situs Address
tUM,
2�i.';_H VUhUI'Vr) I'#Nti
Year
Tax Charge
2024
Total Tax Charge
Tax
$1,998 16
Interest
$0.00
Fees
Payments Balance
$0.00 (51,958.16)
$0.00
50.00
Grand Total Due as of 08/01/2025
$0.00
Tax Billed at 2024 Rates for Tax : \rca 2-442 - 2442
Authority
wF,LD COIN fY
SCHOOL DIST RF,3 J-KEFN'1:Slit'RG
S E. WELD FIRE
AIMS JUNIOR COLLEGE
HIGH PLAINS LIBRARY
Taxes Billed 202.1
* Credd I.ev y
Mill Levy Amount Values Actual Assessed
15.956000 )' $6I6 23 MAN)!I'C'0° C 111OCE $126,372 $35.26(1
15 9960000 5617.75 SNG-1.,.1ND
10 303(10011 5197.90 AG -GRAZING LAND 512,732 53,360
6 3050000 $24.3.50 Total $)39,104 $38.620
3 1790000 SI22.78
517390000 51,99816
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE
LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES.
CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE
FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1
TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK.
POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS. PAYMENTS MUST BE IN OUR OFFICE AND
PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH
Weld County Treasurer's Office
1400 N 17. Avenue
PO Box 458
Greeley, CO 80632
Phone: 970-400-3290
Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due
issued by the Weld County Treasurer are evidence that as of this date, all current and prior year
taxes related to this parcel have been paid in full.
Si ned. J V
Rct
9
{
Date:
(o
2026
1400 N. 17th Avenue, Greeley, CO 80631 or PO Box 458, Greeley, CO 80632. (970) 400-3290 Page 1 of 1
When recorded return to:
5030665 Pages: 1 of 3
05/21/2025 08:42 AM R Fee:$23.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder. Weld County , CO
IIII Mc, 11.rKhICA'Alif Ia WAWA III III
SPECIAL WARRANTY DEED
(Pursuant to CRS 38-30-113(1)(b))
THIS DEED, made this day of , 2025, between Coors Energy Company, a
Colorado corporation ("Grantor") and Coors En rgy Company, a Colorado corporation, whose
legal address is P.O. Box 4030, Golden, CO 80402("Grantee"):
WITNESSETH, that the Grantor, for and in consideration of the sum of Ten U.S. Dollars
($10.00) the receipt and sufficiency of which are hereby acknowledged, has granted, bargained,
sold and conveyed, and by these presents does grant, bargain, sell, convey, and confirm, unto the
Grantee, its successors and assigns forever, all the real property, together with improvements, if
any, situate, lying and being in the County of Weld, State of Colorado, described on Exhibit A
attached hereto and incorporated herein by this reference ("Property").
TOGETHER with all and singular the hereditaments and appurtenances thereto
belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders,
rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand
whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with
the hereditaments and appurtenances, unto the Grantee;
TO HAVE AND TO HOLD the said premises above bargained and described with the
appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its
successors and assigns does covenant and agree that it shall and will WARRANT AND FOREVER
DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee, its
successors and assigns, against all and every person or persons claiming the whole or any part
thereof, by, through or under the Grantor, subject to Statutory Exceptions as defined in §38-30-
113(5)(a), C.R.S.;
IN WITNESS WHEREOF, Grantor has executed this deed as of the date set forth above.
Grantor:
Coors Energy Company, a Colorado corporation
By: /in
Name: Benjamin Moline
Its: General Manager
5030665 Pages: 2 of 3
05/21/2025 08:42 AM R Fee:$23.00 D Fee:$0.00
Carly Koppes: Clerk and Recorder, Weld County , CO
IIIII 1PRIIMVit'h 'tk1 MIN III
STATE OF(/L4&�'6
COUNTY
,The fore
) ss.
trument was acknowledged before me thin day of 2025,
of Coors Energy Company, a olorado corpora
WITNESS my hand and official seal.
LEMMA A. ARMIJO
I NOTARY PUBLIC - STATE OF COLORADO
NOTARY ID 20084030036
MY COMMISSION EXPIRES OCT 8, 2028
[SEAL]
5030665 Pages: 3 of 3
05/21/2025 08:42 AM R Fee:$23.00 D Fee:$0.00
Carly Koppes; Clerk and Recorder, Weld County CO
111111
Exhibit A
THE NE 1A AND THAT PORTION OF THE NW Ya LYING SOUTH AND WEST OF A LINE
EXTENDING DIAGONALLY FROM THE NOWTHEST CORNER OF SAID SECTION TO
THE CENTER OF SAID SECTION AND THE SOUTH HALF OF SECTION 25, TOWNSHIP
3 NORTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF
COLORADO, EXCEPT THAT PORTION OF LAND DESCRBIED IN DEED RECORDED
MARCH 1, 2023 AT RECEPTION NO. 4884366;
TOGETHER WITH THE FOLLOWING TRACT OF LAND WITHIN SECTION 36,
TOWNSHIP 3 NORTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WLED, STATE
OF COLORADO, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS.
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 36, FROM WHICH
THE NORTH 1/4 CORNER OF SAID SECTION 36, BEARS SOUTH 89°11'30" WEST, A
DISTANCE OF 2634.41 FEET, FORMING THE BASIS OF BEARINGS USED IN THIS
DESCRIPTION;
THENCE SOUTH 89°11'30" WEST ALONG THE NORTH LINE OF SAID SECTION 36, A
DISTANCE OF 555.26 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 09°45'32" EAST, A DISTANCE OF 167.41 FEET;
THENCE NORTH 85°18'24" WEST, A DISTANCE OF 225.46 FEET;
THENCE NORTH 09°12'59" WEST, A DISTANCE OF 145.32 FEET TO THE NORTH LINE
OF SAID SECITON 36;
THENCE NORTH 89°11'30" EAST, ALONG SAID NORTH LINE A DISTANCE OF 219.63
FEET BACK TO THE POINT OF BEGINNING;
SAID AREA OF LAND CONTAINING 34,062 SQUARE FEET OR 0.782 ACRES MORE OR
LESS.
When recorded return to:
5030666 Pages: 1 of 3
05/21/2025 08:42 AM R Fee:$23.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
1111 FAYI Mu0Irt4a$10.4.1e4. 111 f4Ji IMAM II I
SPECIAL WARRANTY DEED
(Pursuant to CRS 38-30-113(1)(b))
THIS DEED, made thiseday of M•ik , 2025, between Coors Energy Company, a
Colorado corporation ("Grantor") and Coors Energy Company, a Colorado corporation, whose
legal address is P.O. Box 4030, Golden, CO 80402("Grantee"):
WITNESSETH, that the Grantor, for and in consideration of the sum of Ten U.S. Dollars
($10.00) the receipt and sufficiency of which are hereby acknowledged, has granted, bargained,
sold and conveyed, and by these presents does grant, bargain, sell, convey, and confirm, unto the
Grantee, its successors and assigns forever, all the real property, together with improvements, if
any, situate, lying and being in the County of Weld, State of Colorado, described on Exhibit A
attached hereto and incorporated herein by this reference ("Property").
TOGETHER with all and singular the hereditaments and appurtenances thereto
belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders,
rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand
whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with
the hereditaments and appurtenances, unto the Grantee;
TO HAVE AND TO HOLD the said premises above bargained and described with the
appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its
successors and assigns does covenant and agree that it shall and will WARRANT AND FOREVER
DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee, its
successors and assigns, against all and every person or persons claiming the whole or any part
thereof, by, through or under the Grantor, subject to Statutory Exceptions as defined in §38-30-
113(5)(a), C.R.S.;
IN WITNESS WHEREOF, Grantor has executed this deed as of the date set forth above.
Grantor:
Coors Energy Company, a Colorado corporation
By:
Name: enjamin Moline
Its:
General Manager
COUNTY OP,_
5030666 Pages: 2 of 3
05/21/2025 08:42 AM R Fee:$23.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
Nil KOH AiVIMIN, ti0 ,i1 lid Bill
STATE OF
ss.
1/ i )
J
,The fo o pg in�trur�er�t was acknowledged before me this day of i
of Coors Energy Company, a Colorado corpor
WITNESS my hand and official seal.
I.EDUINAA. ARMIJ0
NOTARY PUBLIC - STATE OF COLORADO
NOTARY ID 20084030036
• OrnMISSION EXPIRES OCT 8, 2028
[SEAL]
2025,
,.y Public
My Commission Expires07G( 1 L�
5030666 Pages: 3 of 3
05/21/2025 08:42 AM R Fee:$23.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
Exhibit A
THE NORTH HALF OF SECTION 36, TOWNSHIP 3 NORTH, RANGE 64 WEST OF THE
6TH P.M., COUNTY OF WELD, STATE OF COLORADO, EXCEPT THAT PORTION OF
LAND DESCRIBED IN DEED RECORDED MAY 17, 2001 AT RECEPTION NO. 2849126
AND DEED RECORDED MARCH 1, 2023 AT RECEPTION NO. 4884366, AND EXCEPT
THE FOLLOWING TRACT OF LAND WITHIN SAID SECTION 36, BEING MORE
PARTICULARY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 36, FROM WHICH
THE NORTH 1/4 CORNER OF SAID SECTION 36, BEARS SOUTH 89°11'30" WEST, A
DISTANCE OF 2634.41 FEET, FORMING THE BASIS OF BEARINGS USED IN THIS
DESCRIPTION;
THENCE SOUTH 89°11'30" WEST ALONG THE NORTH LINE OF SAID SECTION 36, A
DISTANCE OF 555.26 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 09°45'32" EAST, A DISTANCE OF 167.41 FEET;
THENCE NORTH 85°18'24" WEST, A DISTANCE OF 225.46 FEET;
THENCE NORTH 09°12'59" WEST, A DISTANCE OF 145.32 FEET TO THE NORTH LINE
OF SAID SECITON 36;
THENCE NORTH 89°11'30" EAST, ALONG SAID NORTH LINE A DISTANCE OF 219.63
FEET BACK TO THE POINT OF BEGINNING;
SAID AREA OF LAND CONTAINING 34,062 SQUARE FEET OR 0.782 ACRES MORE OR
LESS.
KLO Yir
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.
es. PGj ); f/Li`"; es), ; ,:Pry
980038
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.
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.
9.
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 fora 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.
I. 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:
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
980038
PL0113
SPECIAL REVIEW PERMIT #1160 - COORS ENERGY COMPANY
PAGE 4
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
WW COUNTY, COLORADO
ATTEST: .�/,%%„►�'!. / C� .o�.yfT e i� /` a
Constance L. Harbert, Chair
Weld Cou
BY:
Deputy
APP
ounty Atto ey
980038
PL0113
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
COORS ENERGY COMPANY
USR *1160
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 8 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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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, handing, 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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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 cornplyng 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 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.
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