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. RESOLLI7'ION OF THE SOARD OF COUNTY COt�IISSIONERS
w OF PITKIN COUNTY, COLORADO REGARDING MID-CONTINENT COAL
�' REVISED SPECIAL REVIEW USE PERMIT
RESOLUTION N0. 81- 66
WHEREAS, the Pitkin County Board of Commissioners (hereinafter known as "the Board) is
: desirous o£ integrating its mine permitting and regulatory procedures with those administered ; �
by the Colorado Division of Mined Land Reclamation (hereinafter known as M.L.R.); and I
�
WHEREAS, the M.L.R. has established performance standards for air quality, water �
quality, so2id waste disposal, site drainage, reclamation, revegetation and other as-
�, pects of environmental impact which generally meet or exceed standards established by �,'q
t previous County permits; and �
WHEREAS, the M.L.R, regulations have been duly authorized and approved by the Federal �
Office of Surface Mining as provided for in Section 101 [F) of the Surface Mining Act �
�= (P.L. 95/87) of 1977; and �
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;; WHEREAS, the M.L.R. has given Fitkin County assurances that it will £ully cooperate �
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-_. , .� with the County in developing and implementing joint regulations and inspection procedures, �-
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��� WHEREAS, Mid-Continent Resources Coal Basin Mines (hereinafter known as "Mid-Continent"} �
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, ,� has submitted a revised application for an M.L.R. permit in accordance with M.L.R. stan-
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'; dards,
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THEREFORE, LET IT BE RESOLVED, that the Board of County Commissioners hereby approves
A the Mid-Continent Special Review Application under the revised terms given hereunder, as �
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required and authorized by Article 3 of the Pitkin County Land Use Code:
- 1. Strict Compliance - Mid-Continent shall not engage in any aspect of its develop- �
ment except in strict compliance with all conditions hereof, all of which are ?•
imposed pursuant to the above referenced authority. ;
2. Parmits - Mid-Continent agrees to timely apply for, diligently pursue, and obtain
all necessary permits and approvals from all Federal, State, and lacal agencies
prior to the commencement of the activity or operation which is the subject of this
� perrait. Mid-Continent further agrees to comply with and abide by all Federal, �
State and local laws, regulations, orders, permits and approvals in conduct of '• i
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, its operations and activities on its lands. Mid-Continent may contest in good j !
faith any such laws, regulations, orders or the like. In addition, Mid-Continent �
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(� shall submit to the County evidence on a quarterly basis, of compliance with
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M.L,R. regulations. Such evidence may consist of copies of inspection reports,
compliance or non-compliance notices, and relevant explanatory material.
3. Reclamation Revegetation and General Operations - Mid-Continent shall reseed
and revegetate disturbed areas of the mine site according to the plan des-
. cribed in Volume 7, Chapter 5 of the Coal Basin Mine Permit Application of
January 26, 1981 (hereinafter known as "The Permit Application") or according
to relevant sections of any subsequently approved permit, Such permits shall
be avai2able for public inspection in the Pitkin County Administration office. j
� The progress and effectiveness of revegetation will be assessed during yearly �
• site inspectionscommencing on August 15, 1980, and continuing at yearly inter- �
vals from that point forward on or about August 15 of each year, or on another �
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� date as determined by the Board. At those times, the status of revegetation i
�� and reclamation will be compared to the maps, goals and ti.metables of those �
�= plans and permits by appropriate County staff, with special attention to the
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;r following concern: that Mid-Continent shall at a21 times conduct operaLions
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.;; so as to prevent or control off-site damage to the environment and so as to mini-
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� " mize irreversible on-site environmental impacts. Mid-Continent will further !
��' conduct operations according to the Operating Plan Contained in the Permit Appli- � �
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cation, so as to minimize and, insofar as possible, eliminate threats to public �
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health or safety relating to or caused by Mid-Continent's operations on its lands }
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including, but not limited to: �
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; k (a) Control of erosion, rockfall and landslides.
(b) Isolation, removal or control of toxic materials.
• (c) Minimization of air, water and noise pollution, '
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� : �i:� 4. A�ricultural Conservation - Mid-Continent will coordinate its operations with �f
;� the U.S. Forest Service, the Crystal River Cattle Association and any other `
parties holding grazing allotments on public land in or adjacent to Coal Basin �
?� to assure the reasonable movement of cattle or other domestic stock to and from �
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those allotments. ! j
5. Wildlife - Mid-Continent will operate in a manner that will minimize impact from
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� their operation on wildlife resources and coordinated plantting with the Colorado ! �
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Division of Wildlife will be continued with this objective. i •'
6. Water Quantity - Mid-Continent represents Lhat water supplies, and water rights ! �
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securing said supplies, are adequate for present and future needs and that
appropriate permits, approvals and adjudications have been obtained from the
State of Colorado for the use of that water. .
Mid-Continent agrees to noti£y the County Enviromnental Coordinator of any
_ actions which may substantially change the points o£ diversion or uses of any
water rights presently owned, or obtained in the future. •
7, iVater Quality - Mid-Continent is presently operating under a valid NPDES permit !
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as referenced and copied in their Permit Application. Mid-Continent agrees to ;
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make annual reports to the County Environmental Health Department showing evi- I�
� dence of their continued compliance with that permit. That evidence may consist
of water quality test results and relevant explanatory material.
8. Hydrology Site Drainage, Storm Runoff and Refuse Pile Stability - Mid-Continent
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�� agrees to provide the following in£ormation relative to surface drainage, storm ��
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runoff and coal refuse disposal to confirm the effectiveness o£ their hydrologic �
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-- •:� designs. Such in£ormation will be presented to the Covnty Engineer at the appro-
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#�a priate times.
� ' (a) A report immediately following ten-year or greater precipitation
� events reporting on the ef£ectiveness or any failures of the site
drainage design.
(h) Any future tests measaring refuse pile stability.
9. Scenic Value - Mid-Continent Coal shall, to the extent practicable, harmonize �
operations wiLh scenic values through such measures as the design and locations ;.
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of operating Eacilities, including roads and other means of access, vegetative ? .
screening of operations, and construction of structures and improvements which �
blend with the landscape. �
10. Tras.h Removal - Mid-Continent will continue to show diligence in removal of ;
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trash, litter, structural debris and other non-naturally occurring materials `
from the Dutch Creek, Bear Creek and Coal Creek stream beds, such diligence �
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to be demonstrated at yearly site inspections as noted abave. �
11. Energy Conservation - Mid-Continent will develop and report to the Commissioners
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on a yearly basis the progress of a program to conserve energy in the course of �
operations. The goal of this clause is to encourage the establishment of energy- � �
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�� saving goa2s and the initiation of innovative programs to meet such goals.
12. Workforce Numbers and Housing - Mid-Continent agrees to furnish the Board wiLh
information detailing increases in mine employee numbers as they occur on a I
`'� earl hasi . Mid-Continent further a rees to com 1 with all re uirements and i.
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procedures of the County planning process in the course of developing any hous-
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" ing for mine employees_
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13. Utilities - Mid-Continent agrees to furnish the Board, on nr before the date
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of the next annual report, information outlining Mid-Continent's projected utility
needs for the five year term of this permit. �
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14. Tax Revenues - Mid-Continent agrees under the terms of this permit to submit
, �
revised projections of minimum tax revenues expected to accrue to Pitkin County
over the term of this permit given the existing mill levy, manner of assessment �'
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and projected increases in coal production. �
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15. Aog Control - Mid-Continent agrees that their employees'wi21 not be allowed to
bring dogs into the permit area unless those dogs are under leash or voice con- ��
^�-��� trol of their owner as required by Title VI, Article I o£ the Pitkin County Land
�4.� Use Code.
� 16. Roads and Haulage - Mid-Continent will maintain all roads on National Forest
Iands in accordance with their current Forest Service Special Use Permit. The
Coal Basin Access road from Redstone to the Coal Preparation plant will be main-
tained solely by Mid-Continent in accordance with the standards and requirements
of Section 2-9 of the County Land Use Code and Section 4.03.2 of the M.L.R. ��
Regulations. All new permanent roads will be built to the Pitkin County road s
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, design standards and specifications and subject to the approval of the County f: `
. �
Engineer. Temporary roads constructed solely Lo service the mine operation and �
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subject to eventual reclamation will not be subject to such approval. Mid-Con- �
tinent coal haulage presentiy generates a minimum of 150 truck trips per day }
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(15 truck X 5 trips per truck per shift X 2 shifts per day) over a 5 day work i
1 week and a maximum of 300 trips per day (30 trucks R 10 trips X 2 shifts) over I
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a seven day work week. Mid-Continent agrees to notify the Pitkin County Engineer j j
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and the Pitkin County Sheriff prior to any significant increase in either the �
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300 tpd maximum or in the weight and dimensions of the haul trucks presently in
use. Any such increase in trips or truck size, shall be subject to the approval �
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� of the Board, upon the County Engineer's determination that such increases
would represent a significant increase in traffic impacts. Mid-Continent
£urther agrees that all haul trucks will be covered when loaded and that
all trucks will be equipped with two-way communicators in good repair. Haul
trucks will be confined to mine access roads and io State Highway 133 while
in Pitkin County.
Mid-Continent agrees to apply for and obtain all necessary County permits ;
� be£ore constructing new buildings. i
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� 17. Fire Protection - Fire protection of Mid-Continent facilities will be the res- �
ponsibility of Mid-Continent and will be provided by fire control systems, in-
•� cluding high pressure pumps, as well as chemical fire extinguishers strategi-
�
'' cally located. On discovery, Mid-Continent agrees to notify the U.S. Forest �
�'. Service if any fires should develop on the Lands which may threaten federal lands �
� or require £ederal assistance to extinguish.
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18. Security - Security of property belonging to Mid-Continent shall be the respon- �-
~��`� sibility of Mid-Continent. 1
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'� � 19. Change in Ownership - In the event of any voluntary change of ownership (fee or '
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�Y� lease) in the Lands, Mid-Continent shall notify its grantee of the terms of this
!;•j permit by letter, a copy of which shall be forwarded to the Board. In the event
Mid-Continent is succeeded in operation on the Lands by involuntary legal process,
court order, or other wise, the new operator shall be required to make application �
to the Board for approval of continued operation uader this permit, which approval ,
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' shall not be unreasonably withheld. :
' 20. Bonding - In reliance on the bonding requirements of the M.L.R., the Board hereby
waives any bonding as a condition of this permit. However, the Board specifically
reserves the right to reinstate the requirement of a bond if the M.L.R. bond shall i
be unenforced, released or waived.
21. Non-Compliance - In the event that the Board determines that pzobable cause exists
to believe that Mid-Continent is not acting in compliance herewith, the Board may �
issue and serve upon Mid-Continent written notice which shall specify the nature 1
of the alleged violation and ordering Mid-Continent to cease and desist from i
continued violation of this permit. Within seven days after the receipt of such
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order, Mid-Continent may file with the Board either a notice advising the Board
that Mid-Continent is now in compliance or a written petition requesting a hear-
ing to determine any one or both of the following matters:
, (a) Whether the alleged non-compliance exists or did exist; or
(b) Whether a variance or extension of time should be granted with "
respect to any such non-compliance which is determined to exist.
Upon the receipt of such a petition, the Board shall promptly schedule a pnblic
,
hearing at a reasonable time and place to consider the matters set forth in the
' cease and desist ordex and in the petitiott. The hearing shall be convened and �
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. conducted pursuant to the procedures normally established by the Board for adminis-
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trative hearings. Mid-Continent has the burden of going forward with the evidence
" and the burden of proof relating to the reasonab2eness of requests for extensions
of time and variance. If the Board determines by preponderance of the evidence 1
that non-compliance exists that has not been remedied, it may issue such orders
�
as may be appropriate under the circumstances; provided, however, no order termin- ��
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�k, ating the permit shall enter without the Board s finding that a preponderance of �
� the evidence warrants the action. The Board may stay its order pending furthar �
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� review at the instance of Mid-Continent. If it does not so stay its order, the .
order shall be effective upon delivery to Mid-Continent, which �aay, of course, {�
seek a judicial stay, A final determination of maierial non-compliance which has
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- not been remedied or for which no variance has been granted shall at the option �
- of the Board terminate this permit and Mid-Continent shall be required to discon- i
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' : tinue its operations hereunder within such reasonable time thereafter as the �
• Board may determine. It is herein recognized that Mid-Continent operations may
' continue durin the course of the above described rocedures unless the Board �, `
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_ determines that Mid-Continent's actions repzesent severe and imminent danger to the i
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environment or public health and safety. �
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� 2Z. M.L.R. Regulations - In the event the non-compliance complained of is an alleged �
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violation of a federal or state regulation, and the agency respnnsible for enforce- i
ment has initiated (and timely pursues) remedies available to it, the Board �
waives any right to notice and hearing provided for in Paragraph 23 and agrees to �
be bound by the determination of the state or federal agency concerned, or judicial
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determination on appeal from the same. In the event Mid-Continent shall be
L found to have violated any state or federal regulation and fails ox refuses
to comply with the same, the Board shall have those remedies provided for in Para-
graph 23.
23. Term and Amendments - The term of this permit shall be five years dating from �
: .
its adoption. During the term of this permit Mid-Continent will continue
, its practice of making yearly reports to the Board concerning their activities,
; operational changes and progress of reclamation plans as noted in Paragraph 3 ��
above. These reports will be scheduled to follow closely a yearly site inspec- �
tion for Board members and County staff, on a date to be determined on or about
August 15 0£ each year. At the conclusion of yearly reports, the Board will I
� determine whether this permit is in need of amendment to address concerns not r;��.
� � covered herein. +
ii, In the event that the Boaxd determines that material and reasonab2e conditions �"
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� not now included or incorporated in this permit should be added to the pexmit, �
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c.� the Hoard may issue and serve upon Mid-Continent a written notice which sets �
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forth the language of the proposed condition or conditions. 14ithin seven days
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after the receipL of sach notice, Mid-Continent shall £ile with the Board a 4
written response advising the Board that either (a) it agrees that the proposed
condition or conditions may be added to this permit or (b) it requests a hearing i
, � relating to the proposed condition or conditions. Ugon receipt of such a request
, f, for hearing, the Board shall promptly schedule a public hearing. The hearing
shall be convened and conducted pursuant to the procedures normally estahlished � '
by the Board for other administrative hearings. If the Board determines by a �
;
preponderance of the evidence that additional reasonable and material conditions '
�
to this permit are necessary to protect the health and safety o£ the present
and future inhabitants of Pitkin Coanty from Mid-Continent's activities or opera- j
tions on or relating to the Lands, the Board may promulgate such additional
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_, material and reasonable conditions to this permit. The Soard's new conditions ,
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sha11 be effective upon delivery to Mid-Continent; however, the enforcement of '
- such conditions shall be stayed pending final administrative and judicial review (
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initiated by Mid-Continent, if any, which review shall be filed within the time
specified in Rule 106 (b), Colo. Rules Civ. Pro.
24. Record Made - Mid-Continent's Permit Application as noted above in Paragraph 3
i.
shall constitute Mid-Continent's mining plan. Mid-Continent may not materially
` or adversely change or modify its operations be}rond the scope of these permiis �
without prior notice of these changes and reasonable approval thereof by the
Board.
25. Non-Severability - This permit is granted only upon each and every condition ;
' herein stated. If any condition hereof be challenged by the applicant and held ��
. invalid by a court of competent jurisdiction for any reason, unless othexwise ��
,
determined by the Board upon Mid-Continent�s applic.ation the who2e permit shaZl i
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' lapse and be thereby terminated pending remand to the Board for the formulation �
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of proper or Iawful conditions in accordance with the ruling of the court and �
� reissuance, iE any, of the permit. It is recognized that Mid-Continent will be �
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allowed to continue its operations during the period between any finding of in-
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� validity and reissuance of a new permit. The Board shall act upon such remand ,
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� ; within a reasonable period not to exceed 60 days unless such period is inadequate
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y;� under the circvmstances because o£ the necessity to assemble scientific data and •
the like, in which event it shall be as soon as reasonably possible. �
26. Termination of Federal and State Regulations - It is understood and agreed by the �
y
{� parties hereto that the issuance of this amended permit is premised upon the �
� increasing xole of the M.L,R. in the area of environmental control of a�ining
� operations. In the event that any existing state or federal regulation is !
• f�' amended or repealed in substantial manner, such as to reduce or eliminate control ,
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of environmental quality, or the application of the same to the operations of �
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Mid-Continent, the Board reserves the right to amend this permit such as to main-
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� tain the level of environmental quality herein provided for. I.
27. Superceding All Permits - This pexmit and its provisions shall supercede any and j
� �all permits earlier issued by Pitkin County applicable to the operations of Mid- i
} �Continent. +
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Approved by the Board of County Commissioners at its regular meeting held on '
27 JULY, � 19 81
ATTEST: BOARD OF COUNTY COl�4lISSIONERS
OF PITKIN COUNTY, COLORADO i
���� / � �—
BY: �L'��yi�l/� ���,� .
Lewis Scanlan Bob Child, Chazrman �
Deputy Clerk and Recorder �
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, APPAOVED AS TO FORM: �
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.rc�-�1�,��s'%/-�'�-I��..._
Sandra M. �tuller '
County Attorney
STATE OF COLORADO)
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COUNTY OF PITKIN )
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���'' The foregoing was acknowledged before me this Z�TH day of J�Y �
�
ig S1 bY ROBERT W CHILD and LEWIS SCANLAN
�
� the Chairman and secretary to the Board af County Commissioners, respectively. ,
� Witness my hand and official seal.
My Commission Expires: 2•6.85
J��p �:A ,,:? -'i..,✓'N,c,��t�r�,✓
::�lo-�A�Y: Notary'Public
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