HomeMy WebLinkAbout20223079.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT,
USR-1160 (SECOND AMENDED USR-386) - 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 June 20, 1979, the Board approved the request of
Adolph Coors Company, for a Site Specific Development Plan and Use by Special Review Permit,
USR-386, to allow for an open cut mining permit — coal, and
WHEREAS, by Resolution dated January 7, 1998, the Board approved the request of
Coors Energy Company, for a Site Specific Development Plan and Use by Special Review Permit,
USR-1160 (Second Amended USR-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, the Board has received a request from the current property owner, Coors
Energy Company, P.O. Box 4030, 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 the
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 "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, with said map to be titled and recorded as "Partial
Vacation of Use by Special Review Permit, USR-1160".
4868050 Pages: 1 of 2
11/21/2022 11:12 AM R Fee:$0.00
Carly Kopp., Clark and Recorder, Weld County , CO
VIII jF : N ANIiYIi1,W 11111
Cc•.PL(TP/KN/n H), AWL.1
APPL. Rep.
II/30/22
2022-3079
PL0113
PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT, USR-1160 (SECOND
AMENDED USR-386) - COORS ENERGY COMPANY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of November, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST: d./ , 0;,,k
Weld County Clerk to the Board
County orney
Date of signature: I I/ly 122_
Scott K. James, Chair
Mike an, Pro-Tem
4868030 Pages: 2 of 2
11/21/2022 11:12 AM R Fee:$0.00
Carly Koppaa, Clark and Raoordar, u Weld p:County , CO
41 6,u II•II •
2022-3079
PL0113
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Weld County Board of County Commissioners
From: Michael Hall, Planner
Subject: Partial Vacation of USR-1160
Hearing Date: November 7, 2022
Owner: Coors Energy Company c/o Benjamin Moline
Representative: Brimah LLP c/a Amy Brimah
Legal Description: Being a part of the S2 of Section 25 and N2 of Section 36, T3N, R64W of the 6th P.M.,
Weld County, CO
Location: East and west of and adjacent to CR 61; approximately 3.75 miles north of County
Road 20
Parcel Numbers: 1215-25-0-00-007 & 1215-36-0-00-002 USR Area: +/- 600 acres
PV Area: +/- 42 acres
Zone District: A (Agricultural)
Narrative:
Use by Special Review Permit No. USR-1160, was the second amended USR permit for an open -pit coal
mine and solid waste disposal facility for ash and mine waste rock, in the A (Agricultural) Zone District,
known as the Keenesburg Strip Mine and/or Keenesburg Disposal Facility. The original facility was
permitted by Special Use Permit No. SUP -386 for a surface coal mining in 1981 and was first amended to
allow for the disposal of ash in 1987. The second amended USR was approved by the Board of County
Commissioners on January 7, 1998, and the map thereof was recorded February 19, 1998, reception #
2594953.
This facility was also permitted by the Colorado Division of Reclamation Mining and Safety, under Permit
No. C-1981-028. Evidence was submitted in the applicant's partial vacation request that the subject area
to be vacated was approved for the final release from the DRMS permit in 2016.
The property owner requests to partially vacate a portion of this USR-1160 in the eastern part of the
property, specifically the facility and operations area, including the existing buildings and private road
(branded County Road 61). This area to be vacated from the USR will be larger than thirty-five (35) acres.
Therefore, this newly vacated area would be eligible to be conveyed independently via deed, being exempt
from County Subdivision regulations per Section 24-1-20.B of the Weld County Code.
The Department of Planning Services staff has reviewed this request and recommends that this
request be approved. The applicant has complied with Section 23-2-280.B of the Weld County Code,
being the partial vacation eligibility, application and procedural requirements.
If approved, the applicant shall submit a revised USR-1160 partial vacation map to the Department of
Planning Services for review per Section 23-2-260.D and Section 23-2-280.B of the Weld County Code.
The map shall include "before" and "after" vicinity maps, showing the respective boundary of the USR in
either state. The map shall also update the southern boundary of the USR, to accurately reflect the site
relative to an adjoining property, owned by WJW Properties, LLC, permitted by USR-1285 for a composting
facility, which is now annexed in the Town of Keenesburg.
Upon approval, the revised USR-1160 partial vacation map shall be signed by the property owner and
submitted for recording to the Department of Planning Services with the applicable recording fee.
Partial Vacation of USR-1160 I Coors Energy Company 2022-3079
Page 1 of 1
i`In
"FLOI 10
BRIMAH
LLP
Amy Brimah
Managing Partner
October 12, 2022
VIA EMAIL
mhall@co.weld.co.us
Michael Hall
Department of Planning Services
Weld County
1555 N. 17th Ave.
Greeley, CO 80631
RE: Case Number PCSC21-0026/ Request For Partial Vacation from USR-1160
Dear Mr. Hall,
We represent Coors Energy Company ("Coors"). Coors has been working with you
and the tenant to resolve the issues raised in Case Number PCSC21-0026. Coors will
be selling the property to the tenant and has prepared the enclosed amended USR
that shows the vacation of a portion of the original property from the USR that is to
be sold to the current tenant.
We are submitting this letter to the Department of Planning Services requesting the
partial vacation.
We are submitting a revised Use by Special Review map to the Department of
Planning Services illustrating the vacated portion of the property and the existing
permit. The revised map includes a note stating that the partial vacation does not
create separate parcels.
I am including the legal description for the parcel of the property to be vacated. I am
also including a draft easement that will permit Coors continual access to the
remainder property. The conveyance deed will also reserve the access to Coors.
Please let me know if you need anything else from me or from Coors. If you could let
me know once this has been processed, I would appreciate it. We intend to record
the map at the same time as the deed, in connection with the transfer of the
property.
Regards,
Avv.t� gr%vuah
720.305.9920 • www.BrimahLaw.com • 3900 E. Mexico Ave. Suite 300 Denver, CO 80210
August 15, 2022
Page 2 of 2
Amy Brimah
cc: Brian Hemphill and Ben Moline
720.305.9920 • www.BrimahLaw.com • 3900 E. Mexico Ave. Suite 300 Denver, CO 80210
Recording Requested By
And When Recorded Return To:
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (this "Agreement") is entered into on May _, 2019
(the "Effective Date") made by and between GUTTERSON RANCHES LLC, a Colorado limited
liability company ("Grantor") with an address of 4407 W. 29th Street, Greeley, CO 80634 and
COORS ENERGY COMPANY, a Colorado corporation with an address of PO Box 4030, Golden
CO 80402 ("Grantee"). Grantor and Grantee may sometimes singularly be referred to as a "Party"
or collectively be referred to as the "Parties."
WHEREAS, Grantor owns certain real property located in the County of Weld, State of
Colorado, more particularly described on Exhibit A (the "Grantor's Property").
WHEREAS, Grantee is the owner of certain real property located County of Weld, State
of Colorado, adjacent to Grantor's Property ("Grantee's Property").
WHEREAS, Grantor and Grantee desire to create an access easement for Grantee to access
Grantee's property over and across Grantor's Property more particularly described in Exhibit B,
attached hereto and incorporated herein by reference ("Easement Area") for the mutual benefit
of the parties.
NOW THEREFORE, in consideration of the Recitals, and for other good and valuable
consideration, the receipt and sufficiency of which are acknowledged, and subject to the terms and
conditions hereof, the Parties agree as follows.
AGREEMENTS:
1. Grant of Access Easement. Grantor grants, conveys and create, for the benefit of Grantee,
its successors and its assigns, a perpetual, irrevocable, non-exclusive easement on, over, above
and across: (a) all paved or unpaved surface areas on, or to be constructed within, the Easement
Area which are set apart or used from time to time for automobile and other vehicular traffic
including, without limitation, traffic lanes and driveways, entrances, and exits of the Easement
Area, as the same may from time to time be constructed and maintained for such use; and (b) all
paved or unpaved surface areas on and within the Easement Area which are set apart or used from
time to time for pedestrian ingress and egress including, without limitation, sidewalks, landscaped
areas, pedestrian walkways and driveways, and entrances and exits of the Easement Area, as the
same may from time to time be constructed and maintained for such ("Access Easement").
Grantor and Grantee agree that Grantor will maintain the improvements on the Access Easement
in accordance with this Agreement. CPMF and Tuscany further agree that if CPMF fails to
construct the improvements on the Access Easement as shown on Exhibit A, within two years of
the date this Agreement is recorded, this Agreement will terminate and CPMF will record a
termination agreement.
2. Improvements. The Parties agrees that no permanent buildings or structures may be placed
on the Easement Area in such a way as to interfere with the Easements, provided, however, that
either Party may install utility and drainage lines, paving, and landscaping and other improvements
related to the Easements. The Access Easement will be maintained by Grantor, including any
improvements installed by Grantee.
3. Warranties. The Parties warrants to each other that it has all necessary power and authority
to grant the Easements granted and that this instrument has been duly executed.
4. Compliance with Laws. The Parties will comply with all applicable Laws. "Laws" shall
mean all laws, statutes, ordinances, rules, codes, regulations, orders, and interpretations of all
federal, state, and other governmental or quasi -governmental authorities having jurisdiction over
the property.
5. Default. In the event of a default by either Party under this Agreement in the observance
or performance of any of the covenants or other provisions of this Agreement to be observed or
performed by such Party, if such default is not cured within thirty days after notice to defaulting
Party (or if such default is incapable of cure within such 30 -day period and defaulting Party
commences to cure within such 30 -day period and thereafter diligently and continuously takes
action to effect a cure), the non -defaulting Party shall have the following remedies: (a) to cure, if
capable of cure, the breach by the defaulting Party, with the right of reimbursement from the
defaulting Party for all reasonable costs and expenses incurred in connection with such cure,
including reasonable legal fees; (b) an action for specific performance and/or injunction; and (c)
an action for actual damages. No breach of this Agreement shall entitle any party to
consequential, incidental, economic, treble or punitive damages or to cancel, rescind, or
otherwise terminate this Agreement, but such limitation shall not affect in any manner any other
rights or remedies which such Party may have by reason of any breach of this Agreement.
6. Mechanic's Liens. Neither Party shall permit any mechanic's liens to be placed upon the
Easement Area for any work performed in conjunction with maintenance or repair. Should any
liens be filed against the Easement Area, the Party causing such lien shall cause such lien to be
removed within sixty (60) days or a bond shall be filed with the appropriate court to obtain a release
of the lien. If such lien is not removed or bonded over by the causing Party, the other Party may
file a bond for the removal of the lien, and shall be reimbursed for the full cost of such bond.
7. Notices. All notices and other communications required or permitted under this
Agreement shall be in writing and shall be (a) personally delivered, (b) deposited with a
nationally recognized overnight delivery service that routinely issues receipts, or (c) given by
registered or certified mail. Any such notice or other communication shall be effective when
such notice is delivered to the addresses set forth above and received or refused by the addressee.
Any Party, by ten (10) days' prior written notice given as set forth above, may change the
address to which future notices or other communications intended for such Party shall be sent.
8. Modification. No provision or term of this Agreement may be amended, modified,
revoked, supplemented, waived, or otherwise changed except by a written instrument duly
executed by the Parties or their successors or assigns.
9. Attorneys' Fees and Governing Law. If any action is commenced between the Parties
concerning this Agreement or for the enforcement of rights and duties of any Party pursuant to
this Agreement, the court shall award the substantially prevailing Party in the action its
reasonable attorneys' fees in addition to any other relief that may be granted. This Agreement
shall be governed by and construed in accordance with the laws of the State of Colorado, without
reference to conflicts of law principles.
10. Successors and Assigns/Covenants Run With Land. The terms and conditions of this
Agreement bind and inure to the benefit of the Parties, and their respective successors, assigns and
personal representatives. The Easements granted herein shall constitute covenants running with
the land and shall bind the Easement Area described herein and inure to the benefit of and be
binding upon the Parties, and respective successors and assigns, and any persons claiming by,
through or under them.
11. Construction of Agreement. This Agreement resulted from review and negotiations
between the Parties and their attorneys. This Agreement will be construed to have been drafted by
all of the Parties so that the rule of construing ambiguities against the drafter will have no force or
effect.
12. Counterparts. This Agreement may be executed in counterparts, each of which shall be
deemed to constitute an original and all of which when taken together shall constitute one and the
same instrument; provided, however, that this Agreement will not become binding upon any Party
unless and until executed (whether or not in counterpart) by all the Parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year hereinabove written.
GUTTERSON RANCHES LLC,
a Colorado limited liability limited partnership
By:
Name:
Title:
COORS ENERGY COMPANY,
a Colorado corporation
By:
Name:
Title:
STATE OF COLORADO
SS.
COUNTY OF
The above and foregoing Easement Agreement was acknowledged before me this
day of , 2022, by , Manager of GUTTERSON RANCHES LLC, a
Colorado limited liability company, on behalf of the company.
My commission expires:
Notary Public
STATE OF COLORADO
SS.
COUNTY OF
The above and foregoing Easement Agreement was acknowledged before me this
day of , 2022, by , as of COORS ENERGY
COMPANY, a Colorado corporation.
My commission expires:
Notary Public
EXHIBIT A -
See ATTACHED
EXHIBIT A
LEGAL DESCRIPTION
A tract of land located in the SE1/4 of Section 25 and the NE1/4 of Section 36, T3N, R64W of the 6th
P.M., in Weld County. Colorado, described as follows:
BEGINNING at the S1/16 Corner of said Section 25 and Section 30, T3N, R63W of the 6a' P.M., from
which the SE Cosner of said Section 25 bears S00°32'37"E, 1321.05 feet (Basis of Bearing),
Thence S00°32'37"E, 1321.05 feet along the East Line of the SE1/4 of said SE1/4 of Section 25 to the
Southeast Comer of said Section 25;
Thence S00°05'40"W, 1227.48 feet along the East Line of the NE 114 of the NE1/4 of said Section 36;
Thence S19'09'47"W, 89.41 feet;
Thence N00°10'56E, 576.37 feet to a point of curve to the left;
Thence 801.09 feet along the arc of said curve, said cues'e having a radius of 3542.00 feet, a central
angle of 12°57'30", and being subtended by a chord bearing N06°17'50"W, a distance of 799.38 feet to
a point of tangency;
Thence Nl2°46'35"W, 1476.18 feet;
Thence 577°20'42"W. 464.02 feet;
Thence N12°29'45"W, 466.88 feet;
Thence S74°41'06"W, 167.23 feet to a point of curve to the right;
Thence 12.26 feet along the arc of said curve, said curve having a radius of 15.00 feet, a central angle
of 46°50'38", and being subtended by a chord bearing N81 °53'35"W, a distance of 11.92 feet to a point
of compound curve to the right;
Thence 66.48 feet along the arc of said curse, said curve having a radius of 68.58 feet, a central angle
of 55°32'34", and being subtended by a chord bearing N30°41'59"W, a distance of 63.91 feet to a point
of tangency;
ThenceN02°55`42"W, 203.18 feet;
Thence N31°25'43"W, 43.57 feet;
Thence N09°,37'38"W, 110.95 feet;
Thence N01 °33'42"E, 309.57 feet to the North Line of said SE 114 of Section 25;
Thence N89°46'33"E, 1281.52 feet along said North Line of the SE I14 of Section 25 to the E1/4
4
Corner of said Section 25;
Thence S00°32'59"E, 1291.41 feet along the East Line of the NE 114 of said SE1/4 of Section 25 to said
S1116 Corner of Sections 25 & 30 and the POINT OF BEGINNING_
Area =1,864,877 square feet (42.812 acres). more or less.
EXHIBIT B
EASEMENT AREA
Metes Bound Name: COORS ACCESS EASEMENT 2022
Starting Coordinates: Point 101 Northing 1313351.31, Easting 3281988.15 Beginning of Easement
Distance Units: Feet
Description:
Point Numbers
Bearing
Distance
Radius
Tangent
DeltaAng
Arc Length
Direction
Type
Description
100 to 101
S 79 22'64" W
646.73
Line
Beginning Survey Control at Point SE COR SEC 25 to Point 101 Edge of Easement.
101 to 102
N 12.28'46. W
646.73
Line
Beginning of Easement Limits
102 to 103
N 12°32'47" W
864.08
Line
103 to 104
N 12°32'47" W
323.37
Line
104 to 105
5 77.32'51" W
59`91
Line
105 to 106
5 12.32'49" E
9.96
Line
106 to 107
N 60°55'15" W
21.57
31.33
11.23
39°27'18"
21.57
Right
Curve
107 to 108
N 24°05'55" W
193.52
Line
108 to 109
N 46°24'22" W
100.78
123.47
53.39
46°46'10"
100.78
Left
Curve
109 to 110
N 28°33'09" W
85.14
200.67
48.88
27*22'55"
95.9
Left
Curve
110 to 111
5 77°32'23" W
276.66
Line
111 to 112
N 77°32'23" E
40.00
Line
112 to 113
S 12°27'37" E
275.29
Line
113 to 114
S 35°39'40" E
85.14
160.67
38.75
27°06'58"
76.04
Right
Curve
114 to 115
5 68°38'44" E
85.14
83.47
36.01
46°40'36"
68
Right
Curve
115 to 116
S 24°05'55" E
196.57
Line
116 to 117
S 80°19'38" E
85.14
71.33
40.05
58°37'49"
72.99
Left
Curve
117 to 118
S 12°31'20" E
1136.70
Line
118 to 119
5 12°31'20" E
645.94
Line
119 to 120
S05°11'41" E
489.28
3087.8
245.41
9°05'18"
489.8
Right
Curve
120 to 121
S 00°00'51" W
708.29
Line
121 to 122
S 00°15'25" W
1682.26
Line
122 to 123
S 87°32'44" W
96.7
Line
123 to 124
S 28°58'52" W
600.56
Line
124 to 125
S 35°12'59" E
102.9
Line
125 to 126
S 51°04'00" W
37.77
Line
126 to 127
S 69°56'57" W
299.52
1187.07
150.96
14°29'43"
300.32
Right
Curve
127 to 128
S 77°47'33" W
2295.82
Line
128 to 129
N 19°25'22" W
480.68
Line
129 to 130
S 77°44'32" W
299.66
Line
130 to 131
S 19°16'45" E
480.26
Line
131 to 132
S 77°50'33" W
1406.75
Line
132 to 133
5 62°11'29" W
458.93
845.53
238.41
31°29'36"
464.76
Left
Curve
133 to 134
5 30°40'20" W
457.08
826.98
237.8
32°05'06"
453.1
Left
Curve
134 to 135
S 05°32'57" W
251.87
1263.9
126.56
11°26'12"
252.28
Left
Curve
135 to 136
S 01°21'47" E
447.45
Line
136 to 137
S 88°31'22" W
99.07
Line
137 to 138
S 01°28'38" E
531.21
Line
138 to 139
N 88°31'22" E
98.01
Line
139 to 140
501°21'47" E
845.6
Line
140 to 141
S 01°26'18" E
1725.57
Line
141 to 142
88°31'22" W
95.16
Line
Page 1 of 2
COORS KEENESBURG MINE
Point Numbers
Bearing
Distance
Radius
Tangent
DeltaAng
Arc Length
Direction
Type
Description
142 to 143
01°28'38" E
506.25
Line
143 to 144
N 88°31'22" E
94.81
Line
144 to 145
S 01°26'18" E
798.12
Line
145 to 146
500°50'12" E
568.55
Line
146 to 147
S 00°44'45" W
165.91
Line
147 to 148
N 89°21'12" W
99.41
Line
148 to 149
5 00°38'49" W
412.39
Line
149 to 150
S 89°21'12" E
98.7
Line
150 to 151
S 00°44'45" W
1915.51
Line
151 to 152
5 87°44'24" W
16.85
Line
152 to 153
S 00°44'10" W
2636.89
Line
153 to 154
N 89°03'34" E
126.21
Line
154 to 155
N 00°01'40" E
2635.15
Line
155 to 156
5 89°40'05" W
16.75
Line
156 to 157
N 00°44'45" E
2494.07
Line
157 to 158
N 00°50'12" W
569.69
Line
158 to 159
N O1°28'18" W
3030.21
Line
159 to 160
N 01°21'47" W
1823.54
Line
160 to 161
N 05°51'51" E
198.86
787.93
100.23
14°29'57"
199.39
Right
Curve
161 to 162
N 21°35'40" E
234.99
796.72
118.79
16°57'40"
235.85
Right
Curve
162 to 163
N 33°51'18" E
93.44
Line
163 to 164
N 48°05'27" E
306.6
781.95
156.33
22°36'42"
306.6
Right
Curve
164 to 165
N 68°41'57" E
254.3
786.58
128.84
18°36'18"
255.42
Right
Curve
165 to 166
N 77°49'42" E
2617.47
Line
166 to 167
S 00°15'32" E
224.18
Line
167 to 168
N 89°45'36" E
499.54
Line
168 to 169
N 00°09'17" W
330.52
Line
169 to 170
N 77°48'19" E
877.3
Line
170 to 171
N 88°01'20" E
313.73
830.77
159.74
21°46'03"
315.62
Left
Curve
171 to 172
N 43°03'05" E
369.88
1147.93
187.39
18°32'33"
371.5
Left
Curve
172 to 173
N 22°22'21" E
308.64
944.83
156.42
18°48'01"
310.02
Left
Curve
173 to 174
N 07°11'50" E
120.61
Line
174 to 175
N 00°15'25" E
1686.52
Line
175 to 176
N 00°00'51" E
708.41
Line
176 to 177
N 05°13'12" W
501.59
3130.42
251.61
9°11'26"
502.13
Left
Curve
Closer Tie in to Beginning of Easement Limits
177 to 178
N 78°22'14" E
79.04
Line
To Ending Closer Survey Control Point at SE COR SEC 25
from Point 171 Edge of Easement
Ending Coordinates: Northing 1313365.86, Easting 3262065.84 Section Corner 25 Township 3 North, Range 64 West
Area: 2,010,808.04 SF., 46.1618 Acres
Total Perimeter Distance: 48,773.29 FT
Page 2 of 2
COORS KEENESBURG MINE
LEGAL SURVEY CONTROL BOUNDARY EASEMENT LIMITS DESCRIPTION
Point No.
Northing(Y)
Easting(X)
Description
100
1313365.89
3282065.84
SE COR SEC 25 T3N R64W BEGIN PT
101
1313351.31
3281988.15
EDGE OF EASEMENT
102
1313982.76
3281848.4
EDGE OF EASEMENT
103
1314826.21
3281660.7
EDGE OF EASEMENT
104
1315141.85
3281590.45
EDGE OF EASEMENT
105
1315128.93
3281531.95
EDGE OF EASEMENT
106
1315098.85
3281538.65
CL OF 40FT NEW EASEMENT ON EDGE
107
1315120.99
3281498.83
CL OF 40FT WIDE ON CENTER LINE
108
1315299.23
3281419.1
CL OF 40FT WIDE ON CENTER LINE
109
1315352.58
3281356.76
CL OF 40FT WIDE ON CENTER LINE
110
1315360.11
3281271.95
CL OF 40FT WIDE ON CENTER LINE
111
1315300.56
3281002.46
CL OF 40FT WIDE AT GATE CL NEW
112
1313969.67
3281789.44
EDGE OF EASEMENT
113
1313339.1
3281929.49
EDGE OF EASEMENT
114
1312851.82
3281973.79
EDGE OF EASEMENT
115
1312143.53
3281973.61
EDGE OF EASEMENT
116
1310461.29
3281966.07
EDGE OF EASEMENT
117
1310465.43
3281869.45
EDGE OF EASEMENT
118
1309940.07
3281578.47
EDGE OF EASEMENT
119
1309856.01
3281637.81
EDGE OF EASEMENT
120
1309832.28
3281608.43
EDGE OF EASEMENT
121
1309729.59
3281327.07
EDGE OF EASEMENT
122
1309244.13
3279083.16
EDGE OF EASEMENT
123
1309697.46
3278923.31
EDGE OF EASEMENT
124
1309633.84
3278630.48
EDGE OF EASEMENT
125
1309180.5
3278789.05
EDGE OF EASEMENT
126
1308884.24
3277413.85
EDGE OF EASEMENT
127
1308670.14
3277007.92
EDGE OF EASEMENT
128
1308277.01
3276774.76
EDGE OF EASEMENT
129
1308026.33
3276750.4
EDGE OF EASEMENT
130
1307579
3276761.04
EDGE OF EASEMENT
131
1307576.44
3276662.01
EDGE OF EASEMENT
132
1307045.41
3276675.7
EDGE OF EASEMENT
133
1307047.94
3276773.68
EDGE OF EASEMENT
134
1306202.57
3276793.8
EDGE OF EASEMENT
135
1304477.54
3276837.11
EDGE OF EASEMENT
136
1304475.09
3276741.99
EDGE OF EASEMENT
137
1303969.01
3276755.04
EDGE OF EASEMENT
138
1303971.46
3276849.82
EDGE OF EASEMENT
139
1303173.59
3276869.86
EDGE OF EASEMENT
140
1302605.1
3276878.16
EDGE OF EASEMENT
141
1302439.2
3276876.06
EDGE OF EASEMENT
142
1302440.33
3276776.6
EDGE OF EASEMENT
143
1302027.97
3276771.94
EDGE OF EASEMENT
144
1302025.66
3276870.85
EDGE OF EASEMENT
Page 1 of 2
COORS KEENESBURG MINE
LEGAL SURVEY CONTROL BOUNDARY EASEMENT LIMITS DESCRIPTION
Point No.
Northing(Y)
Easting(X)
Description
145
1300111.51
3276845.7
EDGE OF EASEMENT
146
1300110.47
3276828.85
EDGE OF EASEMENT
147
1297474.17
3276794.99
EDGE OF EASEMENT
148
1297476.24
3276921.18
EDGE OF EASEMENT
149
1300111.02
3276922.44
EDGE OF EASEMENT
150
1300110.92
3276905.7
EDGE OF EASEMENT
151
1302605.15
3276938.17
EDGE OF EASEMENT
152
1303174.78
3276929.85
EDGE OF EASEMENT
153
1306204.04
3276853.78
EDGE OF EASEMENT
154
1308027.07
3276810.4
EDGE OF EASEMENT
155
1308224.89
3276830.72
EDGE OF EASEMENT
156
1308443.38
3276917.2
EDGE OF EASEMENT
157
1308520.98
3276969.25
EDGE OF EASEMENT
158
1308725.77
3277197.42
EDGE OF EASEMENT
159
1308818.14
3277434.35
EDGE OF EASEMENT
160
1309370.01
3279992.98
EDGE OF EASEMENT
161
1309145.83
3279994
EDGE OF EASEMENT
162
1309147.78
3280493.53
EDGE OF EASEMENT
163
1309478.3
3280492.64
EDGE OF EASEMENT
164
1309664.12
3281350.03
EDGE OF EASEMENT
165
1309781.53
3281640.96
EDGE OF EASEMENT
166
1310051.82
3281893.46
EDGE OF EASEMENT
167
1310337.22
3282010.94
EDGE OF EASEMENT
168
1310456.89
3282026.05
EDGE OF EASEMENT
169
1312143.39
3282033.61
EDGE OF EASEMENT
170
1312851.8
3282033.79
EDGE OF EASEMENT
171
1313351.31
3281988.15
EDGE OF EASEMENT
172
1313365.89
3282065.84
SE COR SEC 25 T3N R64W CLOSE PT
Number of points 73
Page 2 of 2
COORS KEENESBURG MINE
Case Number: USR-1160
Request: Partial Vacation
Owner: Coors Energy Company
Agent: Brimah Law
Planner: Michael Hall
LegDesc: PtS2ofS25-T3N-R64W
Location: East and West of and adjacent
to CR 61, approximately 3/5
miles north of County Road 20
VICINITY MAP
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USR-1160
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WELD COUNTY, CO
PARTIAL VACATION REQUEST
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EXPLANATION
PNOPEATT SaPga• (VERl4ED 2004)
PgoPERr► LAW SOLD 2027
PE POO sa,wAw•/►IOPOM L E QS*&
PE *01 Sa/NQNIT 7000
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-ALL_ CIDStsc TOPSawo h;1 •00
0[1.0.ATN]M
CONTOUR INTERVAL • 5 FEET
Si.
LONG TERN
SPOIL. AREA
THIS PARTIAL VACATION DOES NOT CREATE SEPARATE PARCELS
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011001M gas %%CUP, W
SHEET 2
USR-1 160
COORS ENERGY COMPANY
PLOT PLAN
SUP 386 MODIFICATION
(NELNESBWIG. COLOR0001
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SCNE IN FEET
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/
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iOPoGMPHY FROM U.5 G.5 V / 0.VENOEO SUP -188 E ..,
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90M PHOTORENSEO IN 1918 /
MI5 6 SHEEP 1 OF J OF
COORS ENERGY COMPANY
KEENESBURG OISPOSAI FAOILIT!
VICINITY MAP
RENSIONS' 01/3(1/98
PE SPEOIFL REVIEW PUT
PEPMED FOR SPECW.
RtVItW PkrtMlf N1t00
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PROJEOi N0. 302-14 GTE: 01/11/81
OOjY �. AS$OCIAIES
ATNIHUIJIIINIIIIINi
EXPLANATION
® enm+v xcui�m .Q. narco o.a�
® Enm.o ncui�m .a. �..moEo�
COMOVR IMEfNaL �5 FEEi
USR-1160
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
COORS ENERGY COMPANY
USR #1160
Site Speeine Dev^IODmenl on and 6peeial P
BO (Second pm ded Specal ReNdw Permit A38d
—Drs <ml m nd oa oat. i,peeel Iamnry .
rack m the A (AAH Rural) Zane Dis
nntea no the appfcation materwla sales June 3.
in the Department al %anNng Services and wbJr
:bpmant SrendaMa Mated hereon. pupeeal anell
ea to tnoae areov aa6marea m arse a aim m
ai soon tenale. k a
s t 33:Ooo mm �mpovmro;lmu � idmiiir.ro<
2. AD%wal of Ihiv plan mo create a ve pperly ri9M
pursuant to SeAIOn 90 a Me Weld Countyp Zoning Oreinmce,
enpam ar 0,17,. mr Me sexist R amity even
be 3 a.m, tot p ., swan Gaye per week r
ewater m ring parameters.
epenti leflvachpda materiamed to
rock
Ftre racilny shall eubmL a mptlen report.
cacti9ty and`saume(a) o mine raslelere%k pnallD male the
me mdN� .non <om h wiM Ma R I dme P . .
Selig We a gepeael SW aM PoCNkIn (6 CCR`w00�-2), to
WeW County Zoning Ortlmaxe. w maneea. ana tit. Ral.a an
Rvgubtima er Me Cebreep Diuieion of Minerals and Geology. d
y wM $ee0an 1.8 of 1`e RteyulOtio CCR
e fan119 a Solid Wmi{ 0', cpowl Sites antl in (6
f00]� 2), perlpining to roan lal vurance, y Apnle 9. 1998.
ma laalny anal) reel.w one podm ire .araena arpanawarer
ne
9. M mn na/ . bottom od
Vanaported in agq n r 1
V ataport, �eM leaving.
to. me aiapmal one anal m
at
nt
wam.e
«eni .Ignlnaaoi rpgiiNa
vshlcl< during leasing,
o. eearo u me erdei e:iw4ee�ina r
�a. ana me riopr or Me a.pp.a.a
tndl na.. o mrnlmam a r (4) tmt
neam a
idea � .am
NOTE:
ED
PROPERTY OWNER'S APPROVAL
Th undersigned wafer rppertY anner(s) ao hereby agree to Inv sire Spxinc 0«ebpmen< %en and
y Specal Review Deveopment Stpntlprda m dexri6ed nerem Mie �� aq er
fe6w�mJ AD/. I$j�.
Slgndure
PLANNING COMMISSION CERTIFICATION
,en�omme�aipr meMew.e sec yn�mlroni�m�ec..�mweia coanry. c loroeo rorineo- wit .mptlw,
olpid%EdvcEea A rebon tnytFJe 3�ta y°ecr� �erslp�mentg glgp pntl Vaa by 6pecul Reviewll os znawn
pit � di�ryyL. L[
USR-1160
PARTS OF SECTIONS 25 AND 36, ALL IN T"' R6"
OF THE 6TH PM.,WELD COUNTY, CO
t3. mracn m fence sndi .emplp `„enati� u,a area I ruiy
14. Li9M1bn9 Previdse for security p d nl9nt operptlm an Ne arse
shall b a.dgnetl w tM1pt Ina nlcg�ting will wl pMe y
anect eurroundng %opeM own
15. NI tM1�eea or,he o rotion el form to the nolav
11m1 tens u tart Poin 25-t2-1113, CRS, 9]3.
18. All 5,7,,, na n pre,1", aM a Mr eae owes atoll
re9uiMleneh nt aapdicpble county, elele o fe m awn pntl
Cebraao OeoarMwl of Public
FAA nn pne
18. Coved}g of N� en ana mine wastes moll c on a regubr
oM rquenm At t� w� uahall be verM
period. m um or ez (6)nincneamef t ang every 48 -near
19. Approml moat be obmintl tram rite Wptm gwlih Conbd
.,lceeaixlon aMNa aappeciry of tits sewage akpawl system
2,000 9pllme day.
2°
. me alapwewi afle mall be eperatea in cpmdipnce with ml
m<pl, Rnty, rtpre ana redid re9weaone.
21. NI try k traffic aeneralatl by Me Special Review Permit
,ir.d la wlia. rite ned rma m rt,Dwn
me pave d p
Coanty Rapd 59, eouM al else
Z3. NI�rHerenma to Aaoah Coors C mp y M1all rncl
24. re. eucmeeere e� DroPeHY an c<ordanae nM
ins w.ia cowry eauaing coact o.a nalb,�e�n
28. The properly a or pewter M1all dY wnh4 M; Nperplbn
Penarea (epxwrm ing opmatlomj o osatlm . e w.la
County Zon'mg Ordinance, m amended.
26. ThempraPerty ewmr or operator shall be eapo Lle far
wale ca'� z � ae';,,o �anaarm a�s�enian z4.6 ar M.
v. m. p p.nr awmr a�.rmes anal ne r.e o n`6
weiaPcdwiydia�iny Daaln ��e. la, pmaneee. or me
2B. Peramnel Item th W Coun xIM Department, Stale Hx
Oh� �xt nt d WeW onW N ortmenrtMo %annin9wwp 16b
ee
o �eo��yND;:elrpepsm°menisc nnaraama
10� or°ingoply DeVwpm•nep�preneara:
BOPRD 1N5 MF AUTHORITY
u+D REcwwnary ACTWRIEs.
RELLOMTI(IN ARE 1MAEEnRE,
DA
ROAR, OF COUNTY COMMISSIONERS C.EROFIC,ATF
Thi�'re to ceNfy taFat the Boin or County Commissioners. Weld Counrty, Colorado donee n reby
adopt n op u e Specific 0«eleDmenl Plan and Vu -oY Special tl
Development SlanepMa aavahown and exc ma hereon this may" say et ,Fwe�.ele22v.
COORS ENERGY COMPANY
tcEElvEsau%c olsaosnE FAcluTv
STANDARDS & CERTIFICATIONS
SNEET S OF 3 OF
THE SPECUL REVIEW PtAi 'Zr
3 IRENSIOt15:
FPMED i0R SPEC W. PROJECT; b2-14 l O1/ze/9B
REYIEV�P£RMIF-dtt16D-�----
-ffOTI'-fit ASSOZiATE5-_--
DEPARTMENTS OF PLANNING
BUILDING, DEVELOPMENT REVIEW
AND ENVIRONMENTAL HEALTH
1555 NORTH 17v AVENUE
GREELEY, CO 80631
AUTHORIZATION FORM
Ben Moline/Coors Energy Company Amy Brimah/Brimah LLP
I, (We), , give permission to
(Owner — please print) (Authorized Agent/Applicant—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:
See Attached Legal Description
Legal Description: attached
on: of Section 25 and 26, Township3 N, Range" W
Subdivision Name: Lot Block
Property Owners Information:
Address: PO Box 4030, Golden, CO 80402
303-277-3342 Ben.Moline@MOLSONCOORS.COM
Phone: E-mail:
Authorized Agent/Applicant Contact Information:
Address: Brimah LLP 3900 E. Mexico Ave. #300, Denver CO 80210
Phone: 720-305-9920
E -Mail: amy@brimahlaw.com
Correspondence to be sent to: Ownerja Authorized Agent/Applicant .L by: Mail Email
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.
Date it/a/c1---
Signature
Owner Signature
Date
Subscribed and sworn to before me this 3 day of () CA -0 kLt.%' , 20 a a- by
My commission expires 6e/ 20/a 0
SHIRLEY M. ANTHONY
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19974015556
MY COMMISSION EXPIRES AUGUST 28, 2025
STATEMENT OF AUTHORITY
1. This Statement of Authority relates to an entity named Coors Energy Company, a wholly owned
subsidiary of Molson Coors Beverage Company, and is executed on behalf of the entity pursuant to
the provisions of Section 38-30-172, C.R.S.
2. The type of entity is a: wholly owned subsidiary.
3. The entity is formed under the laws of: Colorado
4. The mailing address for the entity is: PO Box 4030 Golden, CO 80402
5. The 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 & Assistant Secretary
6. The authority of the foregoing person to bind the entity [is] not limited.
7. Other matters concerning the manner in which the entity deals with interests in real property: N/A
Executed this %P day of October, 2022.
COORS ENERGY COMPANY, a wholly owned subsidiary of
Molson Coors Beverage Company
By:
Its: gem ///G es,-
C�E-r/i�7t/�L /14A,d4-6ble/ AS1 • i C;
STATE OF COLORADO )
County of QA �p tj s, )ss
The foregoing instrument was acknowledged before me this day of October 2022, by
,Sh c r 11 M . ikk.pry of
SHIRLEY M. ANTHONY
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19974015556
MY COMMISSION EXPIRES AUGUST 28, 2025
Witness my hand and official seal.
otary Public taCZti�r
My commission expires:
081,,f3A2D - 7
SG
COLORADO
Division of Reclamation,
Mining and Safety
Department of Natural Resources
1313 Sherman St. Room 215
Denver, CO 80203
October 7, 2022
Ben Moline, P.E., Senior Manager
Water Resources & Environmental Compliance
Molson Coors Beverage Company
P.O. Box 4030
Golden, CO 80402
Re: Keenesburg Strip Mine (Permit No. C-1981-028),
Status of facility area and permit boundary
Dear Mr. Moline:
I am writing this letter to clarify the status of the facility area at the Keenesburg Strip Mine in Weld
County, Colorado. With Bond Release No. 8 (SL -08), approved on February 8, 2016, the Division
of Reclamation, Mining and Safety approved the final release of the facilities area from the
requirements of Permit No. C-1981-028. This area is shown on the enclosed map, which was
submitted by your office for SL -08. It is labeled as area P1 near the northeast corner of the site.
Should you have questions or need additional information, please contact me.
Sincerely,
_P
Robert D. Zuber, P.E.
Environmental Protection Specialist
Enclosure
1313 Sherman St. Room 215 Denver, CO 80203 P (303) 866-3567 F (303) 832-8106 https://colorado.gov/drms
Jared Polls, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director
II
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RECEIVED
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cselOSIONOI
COORS ENERGY COMPANY
KEENESBURC MINE MAP
EXHIBIT A
LEGAL DESCRIPTION
A tract of Iand located in the SE1/4 of Section 25 and the NE1/4 of Section 36, T3N, R64W of the 6th
P.M. in Weld County, Colorado, described as follows:
BEGINNING -at the S1/16 Comer of said Section 25 and Section 30, T3N, R63W of the 6. PIA., from
which the SE Comer of said Section 25 bears S00°32'37"E, 1321.05 feet (Basis of Bearing), •
Thence S00°32'37"E, 1321.05 feet along the East Line of the SE1/4 of said SE1/4 of Section 25 to the.
Southeast Comer of said Section 25;
Thence S00"05'40"W, 1227.48 feet along the East Line of the NE1/4 of the NE1/4 of said Section 36;
Thence S89°09'47"W, 89.41 feet;
Thence NS0°10'56"E, 576.37 feet to a point of curve to the left;
Thence 801.09 feetalong the arc of said curve, said curve having a radius of 3542.00 feet, a central
angle of 12°57'30", and being subtended by a chord bearing N06°1 TS0"W, a distance of 799.38 feet to
a point of tangency;
Thence N12°46'35"W, 1476.18 feet;
Thence S77°20'42"W, 464.02 feet;
Thence NI2°29'45"W._ 466.88 feet;
Thence S74°41'06"W, 167.23 feet to a pointof curve to the right;
Thence 12.26 feet along the arc of said curve, said curve having a radius of 15.00 feet, a central angle
of 46°50'38", and being subtended by a chord bearing N81 °53'35"W, a distance of 11.92 feet to a point
of compound curve to the right;
Thence 66.48 feet along the arc of said curve, said curve haling a radius of 68.58 feet, a central angle
of 55°32'34", and being subtended by a chord bearing N30°41'59"W, a distance of 63.91 feet to a point
of tangency;
Thence N02°55'42"W, 203.18 feet;
Thence N31°25'43'1\1, 43.57 feet;
Thence N09'37'38"W, 110.95 feet;
Thence N01 °33'42"E, 309.57 feet to the North Line of said SE1/4 /4 of Section 25;
Thence N89.46''33"E, 1281.52 feet along said North Line of the SEI/4 of Section 25 to the E1/4
Comer of said Section 25;
Thence S00°32'59"E, 1291.41 feet along the East Line of the NE 1/4 of said SE1/4 of Section 25 to said
S1/16 Corner of Sections 25 & 30 and the POINT OF BEGINNING.
Area = 1,864,077 square feet (42.812 acres), more or less.
LEGEND
=1
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■ ._._
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USR-1160
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PROPERTY 8OurICWty (VERS)ED 2006)
PROPERTY USE soli 2022
PERMIT eouNoARY/PROPERTY uME DRIoNAL
PERIT gpINC1ARY 2005
PERMIT 80LAWARY 1022
SECTOR LRCMs SE1•'TION LIME
EIISTWIG PANED can ROAD
DIVING uG•.T Ouh DIRT RAW
EXISTNG FENCE
EXISTING ElutOaG
EXISTING Pp11F.R POLE
COSTING upfl POLF
EXISTING GROu1s0 CONTOUR
EXISTING SPOT ELEVATION
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(OTT+ER POPOS/PINS HOKATCO NOT toVW M nun)
EXISTING ORwwTGter * ROW OIRECt**
OKPOsat ARIA
(Antic IfCWIRO AREA (SCCOEO ONCE)
EXISTING IDEC.SULD AREA (RESUME))
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LONG TERM
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CONTOUR INTERVAL = 5 FEET
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THIS PARTIAL VACATION DOES NOT CREATE SEPARATE PARCELS
tc ioIL
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II/l.
Tnrs rs SWEET 2 Of 3
Inc SPEC*. RENO PLAT
PREPARED FOR SPICtAL
REM[. PERYR / I + 60
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SHEET 2
-4-
COORS ENERGY COMPANY
PLOT PLAN
SUP 386 MODIFICATION
p NT• COORS ENERGY COYPAN7 (REEMESBURG, COLORADO)
PROJECT. 2022 SIT REVISOR
PROJECT N0. 06104569!]02-T4
DESIGNED 8Y GRL
DRAWN 8Y. GS4-
REaaft PROPERTY Sat REY 20]2
,041E COMPLETED 02/10/17
APPROWO BY WO
DSG-SH-2 COORS R.QT RIM REV 2022 -DWG
REVISED fIT: ION MATE OAPS/2022
AEC CONS JIG.ILLC
EXISTING TOPSANO Pi:i ANO
O(SCNATION
AR2367281
xecorueu at B 1420 REC 02367281 01/03/94 16:11 $10.00 1/002
Reception N F 1336 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
l
/ 1 QUIT CLAIM DEED
THIS DEED, Made this t ,day of 4 666r2�'u�r /773,
c 3,
between WASTE SERVICES COMPANY, a Colorado general partnership,
of the County of Arapahoe and State of Colorado, grantor, and COORS
ENERGY COMPANY, a Colorado corporation, whose legal address is P.O.
Box 467, Golden, Colorado 80402, of the County of Jefferson and
State of Colorado, Grantee,
WITNESSETH, That the grantor, for good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, has remised, released, sold and QUIT CLAIMED , and by
these presents does remise, release, sell and QUIT CLAIM unto the
grantee, its heirs, successors and assigns forever, all the right,
title, interest, claim and demand which the grantor has in and to
the real property, together with improvements, if any, situate,
lying and being in the County of Weld and State of Colorado,
described as follows:
Northwest 1/4 and South 1/2 of Section 25, Township 3 North,
Range 64 West, of the 6th P.M.,
This deed shall serve to terminate and extinguish the Grant of
Option dated as of June 5, 1979, to acquire the property conveyed
hereunder, which Grant of Option was recorded in the real property
records for Weld County, Colorado, on October 1, 1979, at Book 883
Reception No. 1804914. The singular number shall include the
plural, the plural the singular , and the use of any gender shall
be applicable to all genders.
IN WITNESS WHEREOF, the grantor has executed this deed on the
date set forth above.
WASTE SERVICES COMPANY, a Colorado general
partnership
By: WASTE MANAGEMENT OF COLORADO, INC.,
a Colorado,..grporation, general
pa
By:,A4/1/2L,,
Title: tie �J
//'ei rdc T'
?1966.1 RCF t7J15/93 144 pm
B 1420 REC 02367281 01/03/94 16:11 $10.00 2/002
F 1337 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
STATE OF COLORADO _w , )
/ C -t- ) ss.
.
C� COUNTY OF 7l.a.�t l. )
The regoing instrument was ackigowledged03e4.qmp this
4' ay Qf kW2 -0 o , 1C4 by Kul 22"$' r ICC) as
(QSi(PX1f of WASTE MANAGEMENT OF COLORADO, INC., a Colorado
corporation, as a general partner of WASTE SERVICES COMPANY, a
Colorado general partnership.
Wit.;ss my hand and official seal.
31956.1 RCF IVIS193 3:41 pm
on expires: i aZ —P..1 —cl 1
Notary Public
-2-
Uo
Reco........�................ ocloek.
Receprdedtionat \o........18J8�'X...........
41
IAdolph Coors Company, a Colorado
I corporation,
whose address is Golden
r''
County of Jefferson , State of
it
0
.1 Colorado , far the consideration of Ten
dollars, in hand paid, hereby sell (s) and convey(s) to
Coors Energy Company, a Colorado corporation,
whose legal address Is P. O. Box 467, Golden, Colorado 80401, County of
Jefferson , and State of Colorado the following real property in the
County of Weld , and State of Colorado, to wit:
All property as more particularly described on Exhibit "A"
attached hereto and made a part hereof for all purposes,
MAY 2 1 198
,•.,. ' .,,.,ee rde 1
Id CoRunty, talorodo , t i
• i-1
State Documentary Fee
Date NY 2 1 ►1181
soli. 37
with all its appurtenances, and warrant(s) the title to the same, subject to all taxes for
the year 1981 and subsequent years, all easements, rights -of -way,
covenants, restrictions and reservations of record, if any,
validly existing and affecting the above described property.
:/ ' ' 0' /r.. , 19 81,
;': Signeigned'this'•. 2u day of
but . eff Q ive as of December 29, 1980. ADOYPH„ CQ0RS.,,C ..
.......•
"• 'STATE OF COLORADO,
County of Jefferson
The toreguioio instrument out acknowledged lotore
day of `i 'H st-f 0 !1 , 10 1 , by '`' '� M L✓. a v AC. sue'.
My commission expires triY cammisSi0n expires Sept 5, 19$4
Witness my hand and official seat.
/.
, ,
Nn1.ry Publlr
No. sit. X\1f0"Il at!-BMIt'Slts- Brndlo<d Publishing..Mb, wn.4ch Menu<. Gulden. C•olon.Jo MO/01—I]0f1:10.0bN-10.00
BOOK....9ECEPTI ONIAl. 8
EXHIBIT "A"
WELD COUNTY
Property 1:
A parcel of land situated in Section Twenty -Five
(25), Township One (1) North, Range Sixty -Eight
(68) West of the Sixth (6th) Principal. Meridian,
Weld County, Colorado, more particularly described
as follows:
Beginning at the Southeast Corner of Section 25,
Township 1 North, Range 68 West of the 6th P.M.,
thence along the South line of Section 25 on a
bearing of South 89°58' West, 1,359.21 feet to the
Western Right -of -Way boundary of the Union Pacific
Railroad thence along said Right -of -Way on a bearing
of North 24°06'40" West, 2,168.29 feet to a point
being the True Point.of Beginning; thence continuing
along said Right -of -Way on a bearing of• North 24°06'
40" West, 843.66 feet, thence on a bearing of South
00°56' West, 770.37 feet, thence on a bearing of
North 89°58' East, 357.19 feet to a point on the
Western Right -of -Way Boundary of the Union Pacific
Railroad also being the True Point of Beginning,
being the same property conveyed to Adolph Coors
Company under deed 'dated October 17, 1973, recorded
in Book 702, Reception No. 1623717, Weld County,
Colorado.
Subject to, however:
Patent reservations contained in Patent recorded in
Book 153 at Page 40, Right -of -Way granted to Farmers
Reservoir and Irrigation Company as set out in Book
406 at Page 293, and Reservations set out in Deed
recorded in Book 814 at Page 549.
Property 2:
A parcel of land situated in the Southeast 1/4 of
Section 25, Township 1 North, Range 68 West of the
6th P.M., Weld County, Colorado, more particularly
described as follows:
Beginning at the Southeast corner of Section 25,
Township 1 North, Range 68 West of the 6th P.M.,
thence along the South line of Section 25 on a bear-
ing of South 89°S8' West, a distance of 1359.21 feet
to the Westerly R.O.W. boundary of the Union Pacific
Railroad, said point being the TRUE POINT OF BEGIN-
NING: Thence along said right of way North 24°06'
40" West, a distance of 2168.29 feet, thence South
89°58' West, a distance of 357.19 feet, thence South
00°56' West, a distance of 1980.00 feet, thence
North 89°58' East, a distance of 1274.93 feet to the
TRUE POINT OF BEGINNING;
AND TO INCLUDE as easement for right of ingress and
egress with permission to construct a roadway over
same to the County road to the East, said •easement
on the north 60 feet of the South 360 feet in that
portion of the Southeast 1/4 of Section 25, Township
1 North, Range 68 West of the 6th P.M. as the same
eoo� Ec noN. MAL
lies easterly of the right-of-way like of the Union
Pacific Railroad, being the same property conveyed
to Adolph Coors Company under deed dated July 18,
1973, recorded in Book 696, Reception No. 1618120,
Weld County, Colorado.
Property 3:
A parcel of land, situated in Section 25, Township
1 North, Range 68 West of the 6th P.M., Weld County,
Colorado, more particularly described as follows:
Beginning at the Southeast corner of Section 25,
Township 1 North, Range 68 West of the 6th P.M.,
thence along the South line of Section 25 on a bear-
ing of South 89°58' West a distance of 2634.14 feet
to the South 1/4 corner of Section 25, thence North
00°56' East, a distance of 118.76 feet to the TRUE
POINT OF BEGINNING=. thence North 00°56' East a dis-
tance of 1196.42 feet, thence South 89°58' West a
distance of 1092.41 feet, thence South 00°56' West
a distance of 1196.42 feet, thence North 89°58' East
a distane of 1092.41 feet to the TRUE POINT OP
BEGINNING, subject to coal and mineral reservations
of record and oil and gas leases of record, being
the same property conveyed to Adolph Coors Company
under deed dated August 10, 1973, recorded in Book
697, Reception No. 1619429, Weld County, Colorado.
Property 4:
A parcel of land situated in Section 25, Township 1
North, Range 68 West of the 6th P.M., Weld County,
Colorado, more particularly described as follows:
Beginning at the Southeast corner of Section 25,
Township 1 North, Range 68 West of the 6th P.M.,
thence along the South line of Section 25 on a bear-
ing of South 89°58' West a distance of 2634.14 feet
to the South 1/4 corner of Section 25, which is the
TRUE POINT OF BEGINNING; thence North 00°56' East a
distance of 118.76 feet, thence South 89°58' West a
distance of 1092.41 feet, thence South 00°56' West a
distance of 58.76 feet, thence South 89°58' West a
distance of 1494.55 feet, thence South 29°22'56°
East a distance of 68.73 feet to a point on the
South line of Section 25, thence North 89°58' East
a distance of 2552.54 feet to the TRUE POINT OF
BEGINNING, subject to coal and mineral reservations
of record and oil and gas leases of record, being
the same property conveyed to Adolph Coors Company
under deed dated July 16, 1973, recorded in Book
696, Reception No. 1617525, Weld County, Colorado.
Property 5:
Parcel A: The South 1/2 of Section 25, Township 3
North, Range 64 West of the 6th P.M.
Parcel B: That part of the Northwest 1/4 of Section
25, Township 3 North, Range 64 West of the 6th P.M.
lying South and West of a line extending diagonally
from the Northwest corner of said Section to the
center of said Section.
-2-
.OOK-. 6RECEOTION..- .2..
M -y
EXCEPT any and all right, title and interest in and
to all minerals or mineral rights in and to the
above -described parcels of land,-- being the same
property conveyed to Adolph Coors Company under deed
dated June 4, 1979, recorded in Book 883, Reception
No. 1804913, Weld County, Colorado.
Property 6:
Township 1 North, Range 65 West of the 6th P.M.:
Section 30: A tract of land situated in the South-
east Quarter (SE 1/4), more particulary
described as follows: Beginning at the
Southwest corner of said Section 30,
thence proceeding on a bearing of South
89°12" East, a distance of 3104.27 feet
to the TRUE POINT OF BEGINNING, thence
continuing North 18°39" East, a
distance of 100 feet, thence South 89°
12" East, a distance of 435.6 feet,
thence South 18°39" West, a distance of
100 feet; thence North 89.12" West, a
distance of 435.6 feet to the TRUE
POINT OF BEGINNING, containing 1.00
acre more or less, being the same prop-
erty conveyed to Adolph Coors Company.
under deed dated September 15, 1973,
recorded in Book 701, Reception No.
1623369, Weld County, Colorado.
Property 7:
The Southeast 1/4 of the Southeast 1/4 of Section
14, Township 2 North, Range 64 West of the 6th P.M.,
Weld County, Colorado being the same property con-
veyed to Adolph Coors Company under deed dated
October 23, 1973, in Book 702, Reception No.
1623862, Weld County, Colorado, but reserving unto
Adolph Coors Company all water and ditch rights
appurtenant thereto, including specifically, the
right to irrigate the above -described 10 Acres with
Benrylyn Irrigation Ditch Rights and also including
the right to extend a ditch or pipeline over an
encasement 10 feet in width adjacent to the county
road on the South Section line of Southeast 1/4 of
Section 14, Township 2 North, Range 64 West for
purposes of supplying said Irrigation Ditch Rights
to the herein described 10 acre parcel.
-3-
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.
PL 4v; e!1 y) ; &e'),c.. ny
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.
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.
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
g•
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.
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
WF„L-Q COUNTY, COLORADO /
ountyAtto ey
Constance L. Harbert, Chair
W. H.
ebstee
i‘t
rg!#"E. Baxter
Da K. Hall
dare 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.
5) 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 Sold Waste
Disposal Sites and Facilities (6 CCR 1007-2), pertaining to financial assurance, by
April 9, 1998.
980038
PL0113
DEVELOPMENT STANDARDS - COORS ENERGY COMPANY (USR #1160)
PAGE 2
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.
980038
PL0113
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 shalt 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
980038
PL0113
DEVELOPMENT STANDARDS - COORS ENERGY COMPANY (USR #1160)
PAGE 4
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
PL0113
RESOLUTION
RE: APPROVAL OF SPECIAL USE PERMIT FOR AN OPEN CUT MINING
PERMIT - COAL, FOR ADOLPH COORS COMPANY, GOLDEN, COLO-
RADO 80401.
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 of Weld County,
Colorado held a public hearing on the 20th day of June, 1979 at
the hour of 2:00 o'clock p.m. in the Chambers of the Board of
County Commissioners for the purpose of hearing the application
of Adolph Coors Company, c/o Sonja Grevilluis, Golden, Colorado
80401, for the granting of a Special Use Permit for an open
cut mining permit - coal, on the following described real
estate, to -wit:
A parcel of land located in parts of Sections
25, 26, 35, and 36, Township 3 North, Range
64 West of the Sixth Principal Meridian,
County of Weld, State of Colorado, more parti-
cularly described as follows:
Commencing at the Northwest corner of said
Section 26; thence South 0°15'45" East along
the West line of said Section 26, a distance
o f 600.00 feet, to the True Point of Begin-
n ing; thence South 82°40'04" East, a distance
o f 2651.66 feet, to the North -South center-
line of said Section 26; thence North 81°00'14"
East, a distance of 971.31 feet; thence South
84°51'18" East, a distance of 1675.93 feet to
the East line of said Section 26; thence
North 0°36'32" West along the East line of
said Section 26, a distance of 980.00 feet, to
the Northeast corner of said Section 26; thence
South 45°44'19" East, a distance of 3718.91 feet,
to the center one -quarter of said Section 25;
thence North 89°07'15" East along the East-
West centerline of said Section 25, a distance
o f 2635.63 feet, to the East one -quarter cor-
ner of said Section 25; thence South 0°32'57"
East along the East line of said Section 25,
a distance of 2639.70 feet, to the Southeast
corner of said Section 25; thence South
0°04'57" West along the East line of said
Section 36, a distance of 2641.13 feet, to the
East one -quarter corner of said Section 36;
Thence South 0°04'57" West along the East
line of said Section 36, a distance of 586.19;
Thence South 89°12'46" West and parallel to
the East-West centerline of said Section 36, a
distance of 5259.48 feet, to the West line of
said Section 36; thence North 0°04'35" West
along the West line of said Section 36, a dis-
tance of 536.15 feet, to the West one -quarter
corner of said Section 36; thence South
79040u
OLD((3
89°16'55" West along the East- West center-
line of said Section 35, a distance of 400.00
feet; thence North 62°11'52" West, a distance
of 5523.83 feet, to the Northwest corner of
said Section 35; thence North 0°15'45" West
along the West line of said Section 26, a.
distance of 2646.80 feet, to the West one -
quarter corner of said Section 26; thence
North 0°15'45" West along the West line of
said Section 26, a distance of 2046.80 feet,
to the True Point of Beginning.
Containing 1498.31 acres more or less.
WHEREAS, evidence was presented in support of the granting
of the Special Use Permit for an open cut mining permit - coal,
on the abovedescribed real estate, and
WHEREAS, Section 3.3(E)(2) of the Weld County Zoning Resolu-
tion authorizes such a use in an Agricultural District upon
approval by the Board of County Commissioners, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado heard all of the testimony and statements of those
present, has studied the request of the petitioner and the recom-
mendations of the Weld County Planning Commission and all of the
exhibits and evidence presented in this matter, and having been
fully informed, is satisfied that the request for a Special Use
Permit for an open cut mining permit - coal, on the hereinabove
described real estate, conforms to the purposes of Section 3.3
(E)(2) of the Weld County Zoning Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the application of the
petitioner for a Special Use Permit for an open cut mining
permit - coal, on the hereinabove described tract of land be,
and hereby is, granted subject to the following:
1. The development standards contained in the
Special Use Permit except with standards
7 and 9 amended to state as follows:
"7. The active mining area shall be
fenced with three strand barbed
wire fence, which fence shall
remain until that area is fully
reclaimed."
"9. Where topsoil is removed, sufficient
arable soil shall be set aside, for
respreading over the reclaimed area..
2. No development of the property occur until applicant
presents a road access plan, and a construction and
maintenance program on such access roads, which is
acceptable to the Board.
BE IT FURTHER RESOLVED by the Board that the reasons for
approval contained in the Planning Commission recommendations
dated May 1, 1979 be, and hereby are, incorporated as the
findings of fact of the Board in this matter.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 20th day of
June, A.D., 1979.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST,
Weld County Clerk and Recorder
lerk to the Boar
DATE PRESENTED: JUNE 25, 1979
Hello