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HomeMy WebLinkAbout3.0 PermitNO. 134 SPECIAL USE PERMIT Garfield County, Colo. Sept. 13 , 1976 . Applicant: Anschutz Coal Company Address of Applicant: 1110 Denver Club Building, 518 Seventeenth St., Denver, Co. 80202 Special Use: 'to allow materials handling for coal This Special Use Permit is in compliance with Sections 4.03 and 7.03 of the Garfield County Zoning Resolution and as per application. Building Permit No. (if applicable): N/A This Special Use Permit is hereby granted , (state whether granted or denied) subject to compliance by applicant with all statements, representa- tions, provisions and conditions set forth in the application and also subject to the following conditions: As per County Commissioners' motion of this date. See attached sheets. STATE REASON OR REASONS FOR DENIAL BELOW: The concurring is a vote of the majority of the Board of County Commissioners. Dated this 13th day of September , A. D. 1976 . chi/- -- an - B an ca. of c nty Commissioners Garfield Coun , Colorado THE OILIWTS COAL CORPORATION 1110 DENVER CLUB BUILDING 518 SEVENTEENTH STREET DENVER. COLORADO 80202 TELEPHONE 909-579.5865 TWX 910 991 2620 April 7, 1976 Board of County Commissioners Garfield County P.O. Box 640 Glenwood Springs, Colorado 81601 Attention: Bob Witkowski, County Planner Bud Milner, Building Official Re: Application for Special Use Permit for Materials (Coal) Handling Facility in Lot 5 of Section 34 and Lot 8 of Section 33, T.7S., R.88W. Gentlemen: We hereby apply for a special use permit to allow us to use a portion of Lot 5 of Section 34 and Lot 8 of Section 33, Town- ship 7 South, Range 88 West, in Garfield County, Colorado for a materials handling facility. As you are aware, the Anschutz Coal Corporation operates an underground coal mine in northern Pitkin County. The nearest transportation center is Carbondale, and in 1975 we purchased the site directly to the west of and adjacent to Carbondale, which had been used by the Thompson Creek Coal & Coke Corporation for coal loading. That site was improved by a coal loading facility, which includes an overhead hoist, an underground hopper and a conveyor trench to the railroad siding. Additional railroad siding track has been laid at our expense to permit ship- ment of coal from this site. We enclose with this letter of application four copies of our Impact Statement, Site Rehabilitation Plan, and Industrial Performance Standards. We are having prepared a vicinity map which will be for- warded to you shortly. We also enclose our check in the amount of $500.00 to cover the fee for this application. Bob Witkowski, County Planner April 7, 1976 Bud Milner, Building Official Page 2 We have requested that the Board list as an additional special use under Commercial/General zoning a materials handling facility. This application is made in anticipation of the addition of a materials handling facility use to the listed special uses under Commercial/General zoning and we request that it be processed simultaneously. Anschutz Coal Corporation (Anschutz Coal) is a wholly owned subsidiary of The Anschutz Corporation, which purchased the Thompson Creek Mine property in the spring of 1975 from North American Resources Corporation. The Thompson Creek Mine property is located within Townships 8, 9 and 10 south and range 89 west in Pitkin County. Work to rehabilitate the mine entries began in 1975, but the mines were flooded and dewatering was not completed until 1976. Production of high quality coking coal will begin within the next month. We anticipate limited production in 1976, with a dramatic increase in 1977 ultimately reaching as much as 1 1/2 million tons per year beginning in 1978. The initial impact of operations and the impact through 1976, therefore, will be minimal on the environment, roads, schools and housing. Anschutz Coal will construct in 1977 and complete in 1978 a unit - train loading site which will be used for the major portion of coal shipped from the Thompson Creek Mine. The facility for which a special use permit is now requested will be needed for small shipments of coal which cannot be adequately scheduled and handled through the unit -train loading site. At the time that loading operations switch to the unit - train loading site, the use of the facility which is the subject of this application will diminish dramatically. Uses in the immediate area in which the loading site is located vary from industrial and commercial to residential. Immediately to the south of the overhead hoist and hopper Mid -Continent Resources, Inc. operates a repair shop and equipment storage area. To the west of the loading site lie a sanitation district pond and a tank and storage area belonging to the Co-op. No lots directly and immediately adjoining the loading site area are currently used for residential purposes, but there are trailers and small houses placed on lots to the south and west of the loading site within a 1000' radius. We understand that the contemplated use as a materials handling facility of the subject property is compatible with the master plan developed by the Town of Carbondale. The existing hoist, hopper and conveyor facility, together with the location adjacent to the railroad right-of-way, mandate that the property be used as a materials handling facility. Bob Witkowski, County Planner Bud Milner, Building Official April 7, 1976 Page 3 We will appreciate your attention to this application and will provide such other information as you may request. RFS/ma Encl. Very truly yours, Ro:ert F. Star Vice President and General Counsel Union Oil Company of California Union Oil Center, L ,. 7600, Los Angeles, California 90051 UflI6 Board of County Commissioners Garfield County, Colorado Union Oil Company of California has prepared this information paper in order to update appropriate Garfield County officials on discussions between Union Oil and Anschutz Coal Corporation concerning properties in Garfield County. The Anschutz Coal Corporation (Anschutz) wishes to acquire a site for a spur track storage silo, offices, and train loading facility together with appropriate rights of access. It has advised us that it would like to use our 260 acre Coryell Ranch for this purpose. We are willing to cooperate in any reasonable way with our neighbors, but in this instance, such cooperation would depend on the satisfacory resolution of a number of matters, among which are the following: 1. The Coryell Ranch has valuable water rights which are subject to a Decree of Augmentation which permits their alternate use downstream in connection with our proposed shale oil activities in the Parachute Creek area. The preservation of these water rights and this Decree are of great importance to us and judicial assurance of this would have to be a condition to any transaction. 2. We must be assured that any use of the Coryell Ranch, of the sort contemplated by Anschutz, is acceptable to Garfield County and all other interested parties. 3. The installation and operation of the spur track and other facilities will so affect the useability of the Coryell Ranch and attendent water rights as to make the granting of a right of way unacceptable. A property exchange would be more appropriate. -2- 4. It is recognized that such a property exchange involves a number of considerations which would have to be resolved to the satisfaction of both parties. Examples are mutual agreement as to the land to be traded, transfer of water rights, and assurance as to amendment of any decrees or securing of new decrees for alternative downstream water diversion for oil shale activities, approvals of titles, zoning, and the like. Bearing these considerations in mind, we are willing to negotiate with Anschutz for the exchange of our Coryell Ranch for other property in the area subject to our ability to mutually agree on the land to be traded and the terms and conditions of the exchange. 8/16/76 North Thompson Four Mile Land & Mineral Corporation c/o Clifford Cerise 86 Road 104 Carbondale, Colorado 81623 August 4, 1976 Board of County Commissioners Pitkin County Courthouse Aspen, Colorado 81611 Re: Anschutz Coal Corporation Mine Discharge Irrigation and Stock Watering Project Gentlemen: We understand that Anschutz Coal Corporation must develop a program which would avoid degradation of water quality of the North Thompson Creek. This corporation owns the surface land in the area of the mines and therefore we have a natural concern for and interest in the environmental impacts of this operation. Our shareholders use the land to the north of the mining area as interim grazing lands as the cattle are moved to summer pastures. We have a long term plan for development of that area along the county road to improve the land for grazing. Irrigation with the Anschutz mine discharge water could assist us by increasing the production of grasses through irrigation and the provision of water for the cattle to drink. We have discussed a project to build stock watering ponds and a large irrigation reservoir with Anschutz personnel. The system would require pumps, several thousands of feet of pipe, construction of dams, ponds and reservoirs, and detailed planning. But we are satisfied that it can be accomplished. Neither side has yet made an irrevocable commitment. This company is strongly interested in pursuing this project and intends to do so if you in- dicate to Anschutz that it will be satisfactory to the county. Sincerely yours, North Thompson Four Mile Land and Mineral Corporation ANSCHUTZ COAL CORPORATION Proposal for Enhancement of North Thompson Creek Water Quality: Stock Watering and Irrigation August 9, 1976 Anschutz Coal Corporation (Anschutz) has explored many proposed techniques to reduce the impact upon the water quality of North Thompson Creek of the discharge from the company's mines in Pitkin County. Generally solutions to water quality degradation considered previously have had adverse side effects. The essence of this proposal is to use water for irrigation and for stock watering. Owing to the physical confinements of the valley in which the mining operations are located, this expansion must involve the use of additional land not owned or controlled by Anschutz and requires movement of the mine discharge water for considerable distances. Simple in concept, the project will require detailed planning and the cooperative efforts of many parties. If approved by the Commissioners, the consequence of this project can be preservation of agricultural and ranching operations in Pitkin County and a significant reduction of impact upon the water quality of North Thompson Creek. Location. Anschutz mine portals and water discharge points are located within the north half of Sections 34 and 35, Township 8 South, Range 88 West. The valley opens to the east. Limited irrigation will be required around the mining area to implement a revegetation program, but the rugged topography of the immediate area precludes heavy irrigation flow. - 2 - North Thompson Four Mile Land & Mineral Corporation (Four Mile Land) owns the surface rights to the mining area and, in addition, many hundreds of acres to the north of the mines where its shareholders, who are also members of a cattle association, run their cattle for intermediate grazing while moving them to still higher grazing land leased from the Forest Service. Grazing in the sections to the north of the mines and the west of the haulage road from Carbondale is sparse and water is limited. Cattle must therefore be moved quite rapidly through the area. General Project Characteristics. Four Mile Land and its shareholder members of the cattle association desire stock watering facilities and the ability to irrigate as many of these high pasture acres as possible. At the present time, assuming the continuation of the current volumes of mine water, Anschutz projects 115,000 gallons or .35 acre feet daily of water in excess of its on site needs for the first year beginning August 1976. Excess water will approximate 100,000 gallons or .30 acre feet daily the following year, and will finally stabilize at approximately 65,000 gallons or .20 feet daily. Viewed against general agricultural consumptive uses,the volume of this water is small. It should be noted that these volumes could vary significantly as mine development proceeds. Pumps will be designed to lift the water through buried pipes from the valley floor to a point in section 26 where a livestock watering pond will be constructed. From that point the water will - 3 - move by underground piping to additional livestock water ponds, if feasible, and then to a large livestock watering and irrigation pond located in the approximate center of section 23 to the north and west of the coal haul road. Except during two twenty -day periods during June and October, when cattle will be grazing in the area, the nearby lands can be irrigated from the water in the last pond. The water as can be discharge water irrigation ponds will be designed to pumped during a six-month must be pumped into North period. Thompson should occur only during the period of high stream through June. Preliminary Engineering. Anschutz has engineering to determine that this project hold If any Creek, as much mine this flow from April undertaken preliminary is, in fact, feasible. Three ponds were projected, the first two of small capacity for livestock watering. Engineers determined the possible locations of the facilities from both a topographical review of the land and statements of cattle association members. The pipeline generally follows the old road bed leading toward Carbondale, which is to the south and then to the east of the present coal haul road. The livestock watering pond and irrigation reservoir sites were selected by members of the cattle association, who, in turn, placed them where they would best alleviate water shortages in the area. Ad- ditionally, the irrigation reservoir site was selected for protection against surface runoff. The irrigation reservoir will be placed to avoid irrigation runoff on to federally owned lands to the east. Preliminary specifications for the ponds and pipelines are as follows: Capacity (Acre ft.) Surface Area Dam Length Est. Time to Fill (@.2 Acre Fee Daily) Dam Height Freeboard Depth Purpose Max. Pipe Elevation Pipe Line Lift - 4 - POND #1 POND #2 3 1 .5 Acre 160' 15 Days 9' 3' 10' Stock Watering 7,801' 5,650' and .2 Acre 100' 5 Days POND #3 (Large Reservoir) 44 4.25 Acres 735' 8 Months 15' 34.4' 5' 4' 10' 30' Stock Stock Watering & Watering Irrigation 8.195' 7,960' 6,190' and 9,875' 380' from main 1600' from main Pipeline Pipeline 53' above Main Pipeline 295' above Main Pipeline or 650' above Mining Area 415' Pipeline construction will require ditching and laying of over 12,000 feet of pipe. Pipeline sizes, the number and sizes of pumps, and the exact engineering of the ponds has not been completed. Changes in projected capacity may be made if Four Mile Land increases or decreases the area to be irrigated. Acceptability of Water Quality. Continuous testing indicates that the quality of water discharged from the Anschutz mines falls within those requirements set by the special review use permit of - 5 - Pitkin County. Research developed by Anschutz reveals that water within the limits expressed by the permit will be suitable for stock watering and for nearly a dozen grasses suitable for cattle feed which grow at 7,200'. Included among these grasses are alkali sacaton, Jose tall wheat grass, basin wild rye, salt grass, Nuttall alkali grass, Canada wild rye, crested wheat grass, western wheat grass, white sweet clover, yellow sweet clover and dryland intermediate wheat grass. These plants have been recommended by Dave Boyle of Pitkin County and Allen Koester of the U.S. Soil Conservation Service. Additional reference has been made to Water Quality Criteria by McKee and Wolf. Planting of dryland intermediate wheat will permit continued use of the land in the event mine dis- charge waters decrease. Implementation. Engineering, planning, negotiations and research have gone forward on a preliminary basis, anticipating this pre- sentation before the Commissioners. Anschutz has met with cattle association members, who also represent Four Mile Land, since March, 1976 to discuss this potential application. Serious discussions ensued in July, 1976 after preliminary feasibility studies indicated the practicality of this project. Pitkin County Sanitarian Bob Nelson has attended at least one conference with cattle association members, at which time the U.S. Soil Conservation Service representative was also present. No substantial expenditures can be made by any party until the rights to the mine discharge water have been adjudicated. Anschutz has filed its claim with the water court but a decree is not expected - 6 - for three to six months. If it results that other parties have superior claims to the mine discharge water, use of this water for the irrigation and livestock watering project may not be feasible. While awaiting a'decree from the water court, Anschutz will, in cooperation with government agencies and Four Mile Land, com- plete the engineering work required for the project. Applications for a permit to construct the large irrigation reservoir will be filed with the office of the State Engineer. Additional con- sultation with the Soil Conservation Service will also be required. Preliminary discussions with the Division of Wildlife must continue to ensure that this project harmonizes with the plans of that agency. If the decree is issued prior to the winter season (which pre- cludes actual construction), initiation of the project may begin this fall. Otherwise, actual construction will have to be post- poned until the spring of 1977. Actual construction is estimated to require approximately three months during a period of good weather.