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HomeMy WebLinkAbout3.0 Correspondence• • GARFIELD COUNTY DEPARTMENT OF DEVELOPMENT PLANNING: 945-8212 / ENVIRONMENTAL HEALTH: 945-2339 / BUILDING: 945-8241 MEMORANDUM TO: Dennis A. Stranger, Director of the Department of Development FROM: Mark L. Bean, Senior Planner Ake DATE: January 10, 1984 RE: Comments on Storm King Mine Fiscal Impact Analysis from City of Glenwood Springs John Fernandez called to say that he had briefly discussed the fiscal impact analysis with the new City Council. He was not authorized to write a letter in their behalf, but has verbally noted the following comments: 1. That the fiscal impact analysis identify the issues and benefits of a unitization agreement between the City and Storm King regarding City revenues from the coal production. There was some concern about the starting and stopping of operations and the affect that it would have on revenues, particularly if the City owned resources are mined. 2. That the visual impact from the 1-70 corridor be minimized. Overall, the Council was supportive of the development. 2014 BLAKE AVENUE GLENWOOD SPRINGS, COLORADO 81601 • GARFIELD COUNTY 111 DEPARTMENT OF DEVELOPMENT PLANNING. 945-8212 / ENVIRONMENTAL HEALTH: 945-2339 BUILDING: 945-8241 October 4, 1983 Storm King Mines, Inc. 5335 West 48th Avenue Denver, CO 80212 Attention: Allen D. Gray, President Sam S. Arentz, III, Vice -President of Operations Gentlemen: The purpose of this letter is to acknowledge receipt of your Statement of Intent to apply for Garfield County land use permits for development and operation of a coal mine. Since you are not applying for any exemption from the Pre -Application Procedures, the next step in the process is the filing of the Pre -Application Notice. Per our previous discussion, it is suggested at this time that the applicant be prepared to conduct two informational meetings in the County prior to the Pre -Application meeting with the Board. The Garfield County staff will assist you on this detail as the project application matures. Garfield County looks forward to working with you as this project evolves. If you have any questions or require additional information, do not hesitate to,call. Very truly yours, Dennis A. Stranger Director of the Department of Development DAS/emh CC: Board of County Commissioners Stan Broome, County Manager 2014 BLAKE AVENUE GLENWOOD SPRINGS, COLORADO 81601 sxM Storm King Mines City of Glenwood Springs Attn: John Fernandez - Planning 806 Cooper Glenwood Springs, CO 81601 s �L�;i�lVISIv.� D: P November 18, 1983 Subject: Unitization of Storm King's Grand Hogback Coal Leases Storm King is proceeding with the mine permitting and expects to begin preliminary operations in 1984., subject of course, to the tediousness of complying fully with all permitting requirements. It hopes to produce some coal in 1985. In the interest of fairness to the lessors, we believe all the leasehold rights should be unitized. Such an action, of course, does not affect SKM's annual royalty expense. It does, however, provide for the distribution of royalty payments pro - rata to all lessors for every ton of coal produced and sold by Storm King Mines. Income to the lessors thus would be uniform and predictable and would not fluctuate widely from year to year, thereby creating budget and tax problems for both the lessors and the lessee. Even more importantly, it would provide all lessors with pro -rated income from the beginning of the operation as opposed to some lessors being required to wait many years until mining plans, as they may change from time to time, may include a particular property. For purposes of pro -ration, a 6% royalty would be used for all leases. Cartage fees, overrides, or other payments which may exist or be created will not be affected. The basis for pro- ration would be the total in-place coal which was determined by an independent study prepared by Arthur D. Little, Inc., an inter- national, highly -regarded, and of course, completely impartial consulting firm based in Cambridge, Massachusetts. Storm King Mines, Inc., • 5335 West 48th Avenue • Denver, Colorado 80212 • (303) 433-7471 The Little firm provides the following breakdown for your property: Your lands contain in million short tons of recoverable coal in.place. This represents AU of the total recover- able coal in all of the project leases. Some adjustments may be necessary in the future. if the status of this coal is changed. The Little firm classifies coal as recoverable if it is in seams three feet or thicker and above3000 feet in depth. The report also states that the recoverability of 5.82 million tons is not clear, and is therefore not included presently as recoverable. We consider the information on your reserves as confidential unless we have -your permission to release such data to other lessors. Under the circumstances, such a release may be helpful, and you may, if you wish, authorize it, in the enclosed return. We encourage you to participate in the unitization, and will be more than pleased to answer your questions and provide you with available information. This letter is in the form of a preliminary consensus, and your reply is in no. way an obligation to enter into a formal agreement. Such an._agreement will be submitted for your review and approval. Please return the enclosed form on or before December 1, 1983, and we shall proceed from there. Regards, Allen Gray President 1 • • t SI.orm King Minos t -e M.. Al Wrigh Bu -u of . Management P. 0. Box 1009 Glenwood Springs CO 81602 Dear Mr. Wright: We enjoyed the opportunity to discuss Storm King's 302 lease proposal with you, Wright Sheldon and your associates. The exchange of information was beneficial in understanding the BLM's analysis and in setting SKM's future course of action. November 10, /. •83 ►12 �13 From our discussions I see there are several areas where additional information is to be provided and contacts are to be made. These are: 1. SKM has collected baseline environmental data for our permit applications to the Mined Land Reclamation Division and Garfield County. This information is currently being compiled and produced in "draft" form for SKM review. The bulkwill be ready around December 1. As our discussions centered around the 302 leasing option with associated rights-of-way, and as the general concensus was that an Environmental Analysis (EA) was the appropriate methodology for review, SKM will make available the "draft" information on a confidential basis as soon as practical to determine if it is adequate to prepare the EA. At that time, SKM and the BLM will allocate responsibilities for the preparation, production, and distribution of the EA. 2. In order for the review process to begin, SKM will submit a Notice of Intent to Lease Federal Lands in conjunction with our proposed Coal Ridge #1 mine. Dennis Stranger, the Garfield County Planner, has been in contact with Dave Atkins to coordinate the timing of the Notice with public information meetings that can be held jointly by SKM, BLM, and Garfield County. • • Mr. Al Wright November, 10, 1983 It is Storm King Mines' desire to conduct these meetings before January 1, 1984. The apparent time frame most suitable is between November 28th and December '9th. I am not aware of any statutory limitations. 3. Once the Notice of Intent is submitted, there was some discussion that the BLM becomes cost reimbursable. Therefore, I feel it will be necessary for us to meet and arrive at both budgetary and time estimates for the preparation of the EA. It is SKM's intent to submit applications to the CMLRD and Garfield County before January 31, 1984. Further, barring unforseen obstacles, we believe the review processes can be completed and ground breaking for the rock tunnelscould commence by July, 1984. Storm King is not a major miningor oil company and cannot afford extensive, unwarranted analysis. .Your assistance in develop- ing a cogent, concise environmental analysis and, where statutorially feasible, providing the necessary internal BLM funding will be greatly appreciated. 4. The involvement by other federal agencies was discussed and it is my intent to contact the following agencies to determine the extent of their participation based upon Storm King's proposed plan of operation: Office of Surface Mining Corp. of Engineers Dept. of Fish and Wildlife It was my impression that Dave Atkins would check on the extent of NEPA compliance required. When the contacts have been made and the determination as to extent of interest established, BLM will coordinate the Federal involvement. 5. Some meetings and understandings have already occurred. The us of the "Action Handbook" for the incremental analysis of fiscal impact is an example. Dennis Stranger, Bill Lamont, and Steve of your office have already discussed SKM's proposed strategy with the county and this appears acceptable. Similar review will need to be done on each area of the EA. In addition, SKM will provide the specifics necessary for the EA on our mining plan, preparation plant, load -out and ancilliary facilities. Mr. Al Wright • �3 November 10, 1983 6. The limits of areas to be leased or easements (rights - of -ways) granted can be discussed in greater. detail as can the development of strategies for continued multiple uses for cattle grazing and hunting. SKM has retained professional firms and they have completed the studies in archaeology and palentology. In addition,,. the Fish and Wildlife have examined the proposed refuse disposal areas and the Grand Hogback. As more data are made available, and mine operating plans refined,, the potential impacts on fish and other wildlife can be more adequately evaluated. To date, the impact appears to be negligible. Storm King Mines will need particulars on the content of the Notice of Intent required to initiate the EA review process and the subsequent timetable of events. We propose to submit a Pre - Application Notice with Garfield County in adequate time to hold public information meetings sometime between November 28th and December 9th, 1983. Perhaps December 7th (Glenwood) and December 8th (New Castle) would meet with everyone's schedules. In order to answer any additional questions your professional staff may have or the staff of Garfield County, SKM can arrange for briefings prior to the above dates. I look forward to hearing from you. ssa/bf CC; Wright Sheldon Dave Atkins Sincerely, 7" Sam S. Arentz, III Vice President/Operations Storm King Mines Board of County Commissioners of Garfield County, Colorado Commissioners Annex 201 Eighth Street Glenwood Springs, CO 81601 Re: Statement of Intent to Apply (Fiscal Impact Mitigation Program) Dear Commissioners: • RI.` SEP w 1983 frrncr"Aa LAO September 22, 1983 This letter is to inform you that Storm King Mines, Inc. intends to apply for a Special Use Permit under Garfield County Land Use Regulations. This Permit will be for the extraction and pro- cessing of natural resources along with associated industrial support facilities, water impoundments, sewage treatment facili- ties, refuse disposal, loadout, access roads, pipelines, utility lines, railroad and customary accessory uses. The proposed project in its entirety is designated the Coal Ridge #1 Mine. (the project) and will be located entirely within Garfield County, Colorado. The project, when implemented, will develop and bring to market undeveloped coal resources which will provide new economic opportunity as described in the Statement of Purpose and Authority of Garfield County Resolution 82-318. Storm King can achieve the objectives of this resolution. These being: - diversification of the economic base for Garfield County, - an increase of the local tax base, - and provide increased employment opportunities. The following is a brief description of key project elements, and how they relate to the project review process and application for Garfield County Permits. Storm King Mines intends to develop coal resources under rural lands owned by the company and additional rural lands for which sub -surface coal rights have been obtained (see Figure 1, attached). In order to comply with existing Land Use Regulations in Garfield County, Storm King Mines intends to participate in the Garfield County Zoning Compliance Application and Review Procedure to show compliance with County Storm King Mines, Inc., • 5335 West 48th Avenue • Denver, Colorado 80212 • (303) 433-7471 • Board of County Commissioners -2- September 22, 1983 standards, requirements, and criteria. This compliance review will demonstrate compatibility with surrounding land use, appropriateness with the physiographic and general environmental character of the surroundings and maintenance of both on-site and off-site environmental conditions in a condition satisfactory to comply with Garfield County Regulations and State and Federal law. All specified Industrial Performance Standards will be met. The proposed land use associated with the project is classified by Garfield County Regulations under the categories of Extraction, Processing, Storage and Material Handling. Directly associated land uses will include the construction of buildings (conventional and prefabricated), accessory buildings, storage yards; the construction of water impoundments and refuse disposal areas, the construction of a private sewage treatment system, the construction of a rail siding, loadout and coal storage facility, and the construction of roadways, pipelines, conveying and utility lines, and parking areas to service project needs. The majority of these facilities will occur in an existing P/U/D zoning district with associated development on O/S and A/R/RD lands. Surrounding agricultural lands under Storm King Mines' control are anticipated to remain in agricultural use and can provide a large buffer zone of open space around the project. The substance of requested Permits would thus include the approval of a Special Use Permit for industrial development along with associated construction and building permits if not inclusive. The project is projected, at full operational development, to employ a total work force of over 200 employees in Garfield County, and will thus be considered a Major Project under Garfield County Regulations. Major Project status requires that the project participate in the Fiscal Impact Monitoring Program, and this Statement of Intent initiates Storm King Mines' participation in that Program. Preliminary meetings with representatives of the Garfield County Department of Development are underway and the precise scope of the Fiscal Impact Mitigation Study is being determined. The proposed Scope of Study will include those areas specified in Resolution 82-318 and will include the participation of local jurisdictions and other parties who may wish to participate at their own request. Mitigating factors which will reduce project impacts will be a phased start-up, no need for a large construction phase workforce and a strong emphasis on local hiring. Large amounts of non -county imported labor will not be required. The scope of the proposed Fiscal Impact Study will be determined in the ongoing planning meetings and will be listed in detail in the Pre - Application Notice which will follow this Statement of Intent. Board of County Commissioners • • -3- September 22, 1983 The timetable for the Fiscal Impact Study will also be determined by the schedule of public informational and community meetings to be developed with Garfield County staff, but it is currently anticipated that preparation of the required materials will not exceed 90 days from this notice. The Pre -Application Notice will be filed during this period and will initiate the timetable of procedures specified in Resolution 82-318. No exemption from Pre -Application Procedures, as specified in Resolution 82-318 is anticipated at this time. Storm King Mines has explored the Colorado Joint Review Process and has determined that the scope of the project is small enough and the other permits necessary are sufficiently limited, that participation in the Colorado Joint Review Process will not be desirable at this time. Public Hearings stipulated in Garfield County Regulations will provide the primary forum for public involvement and project review. A Permit to Mine is being requested from the Colorado Mined Land Reclamation Division, concurrent with County review. The only Federal involvement evident at this time is with regard to one of the alternative disposal sites for processing waste which is on Federal land. This site is undergoing environmental analysis concurrent with the Garfield County Application and any hearings associated with analysis and review will be scheduled at the descretion of the Bureau of Land Management. These hearings could be combined with Garfield County hearings upon Bureau of Land. Management request and Commissioners approval. Storm King Mines looks forward to successful development of the project and the economic opportunities which it will provide. Storm King Mines personnel will be available to answer any questions that you might have. Please feel free to contact us for any clarification of this Statement of Intent. Respectfully submitted, Allen D. Gray President cc: Dennis Stranger Sam S. Arentz,/ III Vice-President/Operations January 6, 1983 Mr. Sam S. Arentz III Vice President of Operations 9137 E. Mineral Circle Englewood, CO 80112 Dear Mr. Arentz: At the Regular City Council meeting of January 5, 1984, after a status report on the Storm King Mine project, the City Council requested a letter be sent to the representative of Storm King Mines expressing the Council's recognition of the potential benefits Glenwood Springs would realize from this project, such as increased employment, increased commercial sales, stimulation of the real estate market, etc. Councilmembers expressed some concern regarding the potential visual impact from 1-70 and requested further information on the royalty versus unity premiums for City coal. However, Council's overall attitude was supportive. I wish to take this opportunity, on behalf of the Council, to encourage your pursuits regarding the initiation of the development of the Storm King Mine. Sincerely, Carl L. Schiesser Mayor City of Glenwood Springs CLS/pks STATE OF COLORADO RICHARDSMM, Governor DEPARTMENT OF NATURAL RESOURCES DAVID H. GETCHES, Executive Director 1313 Sherman St., Room 718, Denver, Colorado 80203 866-3311 January 10, 1984 Honorable Flaven Cerise Garfield County Commissioner P. 0. Box 640 Glenwood Springs, Colorado 81601 Dear Flaven, Geological Survey Board of Land Commissioners Mined Land Reclamation Division of Mines Oil and Gas Conservation Commission Division of Parks & Outdoor Recreation Soil Conservation Board Water Conservation Board Division of Water Resources Division of Wildlife 7,7u (7-7,177SWT- JAN 191 84 u GAhFlELU to. i'LANAER Enclosed is a recent notice that we received about lease of 410 acres to the Storm King Mine for refuse disposal. If the county has any comments on this proposal, it would be helpful to know of them. DJ:car Enclosure Sincerely yours, it John Assistant to the Director Pt N 1 " 934 CO�a31oNF,R,q • • United States Department of the Interior BUREAU OF LAND MANAGEMENT Grand Junction District Office 764 Horizon Drive Grand Junction, Colorado 81501 January 5, 1984 Dewitt John Colorado State Dept. of Natural Resources 1313 Sherman Street Denver, Colorado 80203 Dear Mr. John: IN RELY REFER TO 7-162 2920 The Bureau of Land Management is considering a private sector land lease under Section 302(b) of the Federal Land Policy and Management. Act. The land would be utilized for coal refuse disposal by Storm King Mines of Englewood, Colorado. I have enclosed a map and a copy of the notice of realty action for the lease proposal to assist you in reviewing and commenting on the proposal. Should you have any questions on this matter, please contact either myself or David Atkins at (303) 945-2341. Comments on the proposal must be received within 45 days. Sincerely, /Lk 1.444 sSO IATE District Manager Enclosures: Notice of Realty Action Map Identical Letters to: Richard Soash Scott McInnis Richard D. Lamm Colorado State Clearing House • • UNITED STATES DEPARTMENT OF THE INTERIOR Agency: Bureau of Land Management Action: Non-competitive Lease of Public Land in Garfield County, Colorado ummary: The following described land is being considered for lease under Section 302 of the Federal Land Policy and Management Act of 1976 (90 Stat. 2/62, 43 U.S.C. 1732) at no less than the appraised fair market rental estimated to be approximately $20,040 annually, or $1,670 per month. Sixth Principal Meridian T. 5S., R. 90W., Section 35: S1/2SE1/4, E1/2SE1/4SW1/4 T. 6S., R. 90W., Section 4: Lots 2,3,4, S1/2NW1/4, SW1/4NE1/4 Section 5: Lot 1, SE1/4NE1/4 The area described aggregates 410.41 acres in Garfield County, Colorado. The land is located approximately 7 miles west of Glenwood Springs, Colorado, and lies immediately south of the Colorado River. Lease of the above described lands has been proposed by Storm King Mines of Denver, Colorado, for the disposal of refuse generated by their proposed coal mining operations. Their proposed mine involves non-federal lands and minerals and is located immediately south and west of the proposed refuse area. The Bureau of Land Management is considering the long-term non-competitive lease to Storrs King Mines to authorize and collect rental at the appraised fair market value of the use. The lease would be dependent upon the organization filing a lease application including information required by Title 43 Code of Federal Regulations, part 2920.52. The terms and conditions applicable to any lease issued under this notice are those in 43 CFR 2920.7. information about the proposal can be reviewed in the Bureau of Land Management, Glenwood Springs Resource Area Office, 50629 Hwy. 6 and 24, P.O. Box 1009, Glenwood Springs, Colorado 81602, telephone (303) 945-2341. The lessee would be required to reimburse the United States for reasonable administrative and other costs incurred by the United States in processing the lease and for monitoring construction, operation, maintenance, and rehabilitation of the facilities authorized. The reimbursement of costs would be in accordance with the provisions of 43 CFR 2920.6. For a period of 45 days from the date of publication of this notice in the Federal Register, interested parties may submit comments to the District Manager, Bureau of Land Management, Grand Junction District Office, 764 Horizon Drive, Grand Junction, Colorado i'15011. Any adverse comments will be c\,aluated by the District Manager, who may vacate or modily this realty action • • and issue a final determination. In the absence of any action by the District Manager, this realty action will become the final determination of the Department of the Interior. 12/15/83 /s/ Wright Sheldon Date Wright Sheldon, District Manager Grand Junction District. Office Al It 11 Jb R. 6 f 1• La At. CAN VON YHOD S\- 1 tiy�� Stor King1) EEK Mo ntain X36 4 4 • • I � _a 4;',e` ,SN •1 iSH — f ' ;50010000*1111 • 6 Clerk Windy 1 Point M Trwl,•,�.• Le. Spring ' r. ID SPRINGS A TCHER r Futiston O • 36 .-3t .' , 1'AIR. f.t.F.l. xx Coal Proposed Lease Area GknwtHtirl'` Sprint{ 1 .EA J �,• PAI I • - 3t1 4 ti • • F• z. s Gulch enter ountain p- tz i Crown CPeak' e • n ✓ \ It• It uncle Bob t2ct d1 Mtn. 6 6 el, N..t, Spring \� • d . 7 CO I v„ 36 q CO 11 1'Horse Pa iraay.,mir, 77 II % Jr • Trail 31'0, Little ft, Mtn. • 6 �$11)- 4 k43014 ttr )7- \\ 1111 —1”1•aAI . 4_ . Storm King Mines Proposed Land Lease Coal Refuse Disposal HUGHES 1 aLACn e MINE T. 5 S., R. 90 W., 6th P.M. Sec. 35: S'2- S E'., , E' S E'-4SW', T. 6 S., R. 90 W., 6th P.M. Sec. 4: Lots 2, 3, 4, S2NW, SW'.;NE4 Sec. 5: Lot 1, SE1/4NE1/4 • e • • • • ; --_ Ic • 7 sxM Storm King Mines Mr. Dennis Stranger Garfield County Planning 2014 Blake Avenue Glenwood Springs, CO 81601 • December 28, 1983 Dear Dennis: I wish to thank you for your efforts and participation in the meetings at Glenwood Springs and New Castle. We feel that the meetings were successful in defining the public perception of our proposed operations. Based upon this input we can approach valid, economic solutions to areas of concern. The opportunity to address the planning commission was greatly appreciated. The more fully Storm King's project is understood, the fewer the misconceptions and the better the communication. Again, many thanks for your time and efforts and best wishes for the Holiday Season. Sincerely, Sam S. Arentz, III Vice-President/Operations ssa/bf Storm King Mines, Inc. • 9137 East Mineral Circle • Englewood, CO 80112 • (303) 792-2625