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HomeMy WebLinkAboutbocc.res.065.1975· Record~ at 3:02 P.~ Recept 1779 5 Sept. 24, 1975 Julie Hane, Recorder Re: PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. 75-65 Anschutz Special Review Use Permit September 22, 1975 WHEREAS, Anschutz Coal Corporation (hereinafter "Anschutz Coal") has applied to the Board of County Commis- sioners of Pitkin County (hereinafter the "Board") for a Special Review Permit pursuant to Section VI of the Pitkin County Zoning Resolution for a proposed underground mining operation and related surface facilities at the Thompson Creek Coal mine in, on and under the real property more specifically described in Exhibits A and B attached hereto (hereinafter the "Lands"), and WHEREAS on April 30, 1975 the Pitkin County Planning and Zoning Commission recommended approval of the special review permit subject to certain conditions, and WHEREAS, on June 9, 1975 a public hearing was held pursuant to the Pitkin County Zoning Resolution and such hearing was continued until July 21, 1975 to enable Anschutz Coal to present additional information to the Board, and to provide for additional public comment, and WHEREAS, such hearings and proceedings have resulted in the issuance of a certain limited improvement permit to install footings and foundations for certain of the proposed improvements, without prejudice to the possible denial of said special review permit, and WHEREAS, the proposed mine is located in a remote area of Pitkin County which presents certain management hard- ships for Pitkin County unless it is meticulously controlled and regulated, and WHEREAS, significant possibility exists for air and water pollution caused by the operation planned, which neces- sitates strict environmental controls, and WHEREAS, a special review permit should not be granted absent the imposition of conditions which require that the installation and operation at the Lands, more particularly described on Exhibit A (hereinafter the "Minesite") shall have "no significant adverse effect" on the adjacent landownerships, stream and air quality, road congestion, wildlife, and the general public interest, and WHEREAS, a special review permit should require Minesite inspections during the course of construction and operation of the mine to assure compliance with terms and intent of the special review permit, and WHEREAS, the special review permit should provide for an annual hearing to determine the continued compliance thereof with the conditions of this resolution and permit, NOW, THEREFORE, BE IT RESOLVED, that the Board hereby approves Anschutz Coal's special review application under the Pitkin County Zoning Resolution and grants to The Anschutz Corporation and to Anschutz Coal (hereinafter called collectively "Anschutz"), their successors and assigns, the right and privilege to use the Lands for developing, mining, washing, storing, and otherwise preparing for market, using, transporting, loading, shipping and selling coal, coke and other products of coal, including the rights to use the Lands to construct, maintain, enlarge, repair, alter and operate all pipelines, conveyors, telephone coal washing facilities, buildings, and structures, as may be necessary, lines, power lines, tipples, shops, plants, fixtures useful or convenient to its use of the Lands for the life of the mine subject to the terms and conditions as follows, the Board hereby concluding that upon the following terms and conditions all of the findings required by Section VI of the Pitkin County Zoning resolution can be and are hereby made: Strict Compliance - Anschutz shall not engage in any aspect of any development except in strict compliance with all conditions hereof, all of which are imposed pursuant to the above referenced authority, or to other delegated authority, including, e.g., H.B. 1041. 2e Permits - Anschutz Coal agrees to obtain all necessary permits and approvals from all federal, state and local agencies prior to the commencement of the activity or operation which is the subject of such permit or approval. Anschutz further agrees to comply with an abide by all federal, state and local laws, regula- tions, orders, permits and approvals in conduct of its operations and activities on the Lands. Anschutz is required specifically to comply with all conditions of permits required by the Garfield County Commissioners and the City of Carbondale. Anschutz may of course contest in good faith any such laws, regulations, orders or the like. Anschutz shall furnish copies of all permits it obtains relating to operations or activities on the Lands to the Board. 3. Reclamation and Reve~etation of Minesite and Accessory Areas - If reasonably required by the Board and consistent with the plan described in paragraph 8 below, Anschutz shall construct berms above and below the existing concrete covering of North Thompson Creek at the Minesite so as to perserve the stream from surface runoff pollution, protect aquatic habitat, and the like. Surface drainage shall be channeled to settling ponds. The disturbed area shall be revegetated as part of the revegetation plan. be Above the No. 1 Mine opening and the concrete culvert, the northeast area of the stream side shall be rip-rapped with large boulders or equivalent to prevent additional erosion of the stream bank. Ail trash, scrap iron, etc., shall be re- moved from the North Thompson Creek stream on the Lands and within 30 feet of the stream bed. If reasonably required by the Board and consistent with the plan described in paragraph 8 below, certain sections of North Thompson Creek shall be rechanneled in order to create a buffer zone between the stream and mine activity and dump tailings thus reducing the potential for stream pollution. Such rechannelization shall be accomplished according to the implementation technique and design criteria of the Division of Wildlife as more fully described in Exhibit I. The channelization shall be conducted under the direct super- vision of the Division of Wildlife. Such rechannelization work shall be accomplished by the time of the first annual permit hearing. Ail areas where excavation and construction, if any, has been completed shall be restored to slopes less than 45 degrees, unless a greater slope is approved in advance by the County Engineer and the Board; top soil shall be applied sufficient to allow revege- tation; and reseeded and planted with plant species appropriate to the area. Anschutz shall, in consultation with, among others, the Pitkin County Extension Agent, develop a specific revegetation plan that shall be subject to the Board's reasonable approval. At the earliest practicable time during op- erations, unless a longer time is approved by the Board, Anschutz shall stabilize and revegetate the surface disturbed in the operation and/or construction to a natural- appearing condition. At all times Anschutz shall take such measures as will prevent or control on-site and off-site damage to the environment and public health or safety, relating to or caused by Anschutz's opera- tions on the Lands, including, but not limited to: i) control of erosion and landslides; ii) control of water runoff; iii) isolation, removal or control of toxic materials; iv) reshaping and revegetation of disturbed areas pursuant to revegetation procedures developed by Anschutz in consultation with the Pitkin County Extension Agent and approved by the Board (e.g., mini- mally the requirements shall be as set forth in Exhibits C and D); v) preservation and enhancement of fisheries and wildlife habitat in surface water bodies; vi) stabilization of access roads by proper grading, grade control, surface treat- ment and vegetation. Inspection shall be permitted by the Pitkin County Extension Agent and/or other appropriate government officials to evaluate rehabilitation measures and success of revegetation. Agricultural Conservation - Anschutz shall co- ordinate its mining operations with the reason- able movement of cattle through the Lands by the North Thompson-Four Mile Mineral and Land Corporation and other stock users of the county road through the Lands so as not to adversely affect the reasonable movement of cattle or existing agricultural uses in the area without the consent of those engaged in such activities. 5. Wildlife - The Division of Wildlife has, by letter dated July 18, 1975 expressed concern for disturbance of elk wintering areas on the south aspect of Stony Ridge due to the loca- tion of a mine air ventilation blower. Upon determination by the Division of Wildlife, after hearing, that the air blower inter- feres with effective utilization of the Stony Ridge area for winter range habitat, Anschutz agrees to contribute reasonable, appropriate funds or services, or both, for specific habitat improvement measures or other winter ranges in order to prevent a loss of elk through depletion of winter range. The amount of such reasonable monies or services to be designated for such purposes shall be determined by the Board on advice of the Division of Wildlife and after consultation with Anschutz. It is recognized that additional car traffic in the area and the extended hours of opera- tion of the mine may facilitate poaching of game. Anschutz shall develop rules for employees to minimize or eliminate such poaching. Environmental Healt______~h - Anschutz hereby agrees to obtain approvals of the Colorado Department of Health of its water and sewer systems and to abide by appropriate federal, state and local laws and regulations for such operations regarding control of fugitive dust, air pollution and noise generation. Anschutz Coal represents that potable water will be obtained from the under- ground mine for use at the Minesite. The Colorado Department of Health will approve the water source. Should the water prove unsuitable for domestic use, Anschutz Coal agrees to consult with the Board before taking any action to obtain senior adjudicated water rights involving any change from irrigation or domestic uses. Anschutz shall reimburse annually the County for the County's actual and reasonable costs of mon- itoring and sampling air and water to determine compliance with this permit not to exceed $1,000.00 as adjusted by changes in the cost of living index. Such costs may be increased pursuant to a budget presented to Anschutz at or before any annual hearing and reasonably approved by the Board. Anschutz shall conduct its operations and activi- ties on or relating to the Lands so that the water quality of North Thompson Creek affected thereby shall be maintained as follows: AREAS OF CONCERN REQUIREMENTS Settleable Solids Floating Solids Taste, Odor, Color Toxic Materials Oil and Grease Radioactive Material Salinity Fecal Coliform Bacteria Turbidity Dissolved Oxygen Total Dissolved Gas Pressure pH Temperature Sulfate Iron At or below present levels measured upstream of op- erations on the Lands. At or below present levels measured upstream of op- erations on the Lands. At or below present levels measured upstream of op- erations on the Lands. At or below present levels measured upstream of op- erations on the Lands. Maximum - 10 mg/1 Drinking Water Standards At or below present levels measured upstream of op- erations on the Lands. Geometric Mean of 1000/100 ml from five samples in thirty day period. No increase of more than 10 JTU 6 mg/1 minimum Maximum of 110% of atmospheric pressure 6.0- 9.0 Maximum 68°F, Maximum Change 2°F No more than 10% increase above present level (the present level to be measured upstream of operations on the Lands) No more than 10% increase above present level (the present level to be measured upstream of operations on the Lands) Compliance shall be determined by sampling above and below the total operation on the Lands and at other such sampling points reasonably agreed upon by the Pitkin County Environmental Health Officer and Anschutz Coal, considering surface run-off problems, effluent discharge points and the like. The intent is that Anschutz shall not be responsible for naturally caused pollution, but shall be responsible for pre-existing man- made causes of stream pollution. This matter shall be reviewed at the first annual meeting to consider its practicability. Should pollution of North Thompson Creek occur, the burden of proof shall be upon Anschutz to demonstrate that it is not responsible for such pollution. Scenic Values - Anschutz shall to the extent practicable, harmonize operations with scenic values through such measures as the design and location of operating facilities, including roads and other means of access, vegetative screening of operations, and construction of 10. 11. 12. structures and improvements which blend with the landscape. Surface Drainage and Storm Runoff Management - Anschutz Coal agrees to prepare at its expense a master plan for surface drainage and storm runoff management. Such plan shall be prepared by a qualified expert and be subject to the reasonable approval of the Board. The plan shall (a) include an implementation schedule; (b) be submitted to the Board for approval within thirty (30) days of the effective date of this permit; and (c) include an analysis of flood danger to the Minesite (d) be in substantial conformance with Briscoe-Maphis guidelines as described in Ex- hibit G. The plan is hereby incorporated as a condition of this permit. Solid Waste Disposal - Anschutz Coal agrees to prepare at its expense a plan for solid waste disposal. Such plan shall be prepared by a qualified expert and be subject to reasonable ap- proval of the Board. The plan shall (a) include provisions for the concerns expressed by the Colorado Geological Survey by letter dated July 30, 1975; (b) include an implementation schedule; and (c) be submitted to the Board for approval within 30 days of the effective date of this permit. (d) be in substantial conformance with Briscoe-Maphis guidelines as described in Exhibit H. The plan is hereby incorporated as a condition of this permit. In the event that the proposed disposal site is insufficient for the term of this permit, Anschutz Coal and the Board shall reasonably agree upon a new site when needed and, absent such agreement following good faith nego- tiation, this permit shall lapse. Bureau of Land Management - Anschutz agrees to cooperate with the Bureau of Land Management plans and programs for establishment of the proposed Thompson Creek Natural Environmental Area. Mine Subsidence Report - A mine subsidence report has been furnished by Anschutz pursuant to the recommendations of the Colorado Geological Survey, and such a report has been reviewed and approved by the Colorado Geological Survey. S~chools Impact - Based upon Anschutz Coal's operations as projected in paragraph 8(a) of Exhibit E, the Roaring Fork School District, RE-1 by L. Allen, Superintendent, states that Anschutz Coal "will not create any substantial financial or space problem for the school dis- trict.'' This has been confirmed by the present superintendent, Nicholas R. Massaro. In the event the Anschutz Coal school children pro- jections are exceeded in fact by more than 15%, the Board and Anschutz Coal shall consider at the annual hearing whether additional commitments should be made by Anschutz Coal, if the additional Anschutz Coal employee students beyond those pro- 13. 14. 15. 16. 17. jected has created a financial or space problem for the school district. Housing Impact - Anschutz believes that the private sector is capable of supplying ade- quate housing for Anschutz Coal employment and population impacts, based upon employment projections contained in Exhibit E. The Board may consider at the annual hearing whether housing impacts have adequately been met in fact. If, in the Board's reasonable opinion, they have not, as a result of Anschutz's having so exceeded those projections, the Board may require Anschutz Coal to take reasonable measures, after consultation with Anschutz, to alleviate those impacts. Do__0~ Control - Dogs will be permitted on the Lands only if under the leash control of the owner, so as to minimize possible negative wildlife impacts. H.B. 1041 ~esignations - Official historic sites in existence on the Lands shall be preserved in their natural state. Anschutz agrees to cooperate with the Board to obtain historic designation for the Spring Gulch Coal Mine site and coking ovens under H.B. 1041. The Board will provide Anschutz Coal with written notice of any proposed designation pur- suant to H.B. 1041 which may affect the Lands. Such notice shall be given to Anschutz Coal prior to 20 days before the public hearing to be held concerning the proposed designation. Utilities - Anschutz represents that appropriate utility service is available on the Minesite for the mine facilities and operations. Tax .~nd Management Hardships - The tax revenue projections in Exhibit E prepared by Anschutz Coal are represented as minimal revenues to Pitkin County given the existing mill levy, the manner of assessment, and other relevant financial data, and appear to represent minimal hardships to Pitkin County given strict compliance with the conditions of this permit. In the event the actual revenues are at least 15 percent less than the projected revenues, the Board and Anschutz Coal may consider at the annual hearing requiring additional financial commitments from Anschutz Coal if that disparity results in tax and manage- ment hardships for the County or the special taxing districts therein by virtue of Anschutz's activities and operations under this permit. 18. Road and Transportation - ae Anschutz Coal agrees to limit speeds of company vehicles to 40 miles per hour on the Pitkin County Minesite access road and to take reasonable steps to help assure that employees do exceed that limit on the road. -8- 19. b. Anschutz shall encourage car pooling among employees to and from the Minesite. In cooperation with the City of Carbondale and Garfield County, Anschutz will investi- gate the installation of a bus shuttle service for its employees. Pitkin County offers to operate such service in return for Anschutz Coal's rebating the actual costs of that service, as determined by the Pitkin County Finance Officer, to Pitkin County. In the first year of operations, Anschutz shall install no more than 20 parking spaces on the Lands. The intent of the provisions of paragraphs 18(b), (c) and (d) is to encourage car pooling, busing, etc., and to lessen motor vehicle traffic in the area. Road Improvement Schedule - Anschutz will be responsible for the design, construction, and maintenance of all stages of improvement to the road access within Pitkin County in support of the Anschutz mining activities. All such improvements shall be reasonably ap- proved by the Pitkin County Engineer. Im- provement shall be implemented according to the report, "Anschutz Coal Company - Roadway Access" prepared by Briscoe, Maphis, Murray & Lamont, Inc., which is hereby incorporated as a condition of this permit (Exhibit F). Pitkin County shall pay to Anschutz a sum not exceeding (a) the gross ton-mile tax revenues generated by this Anschutz oper- ation and received by Pitkin County or (b) Anschutz's actual maintenance and road con- struction costs, whichever is less. Pitkin County shall have no further liability other than as stated for payment or reim- bursement of Anschutz for required road improvements. Anschutz agrees to apply for and obtain building permits for construction of new roads on the lands within Pitkin County. Existin~ Mine Refuse Fire - Approximately three quarters of a mile from the Minesite, there is evidence of fire caused by spontaneous combustion of a dump area into which coal wastes from the former operation had been placed. The evidence of the fire is that of small wisps of smoke coming from the edge of the refuse dump. This is the remaining remnants of refuse burning. Anschutz Coal represents that to disturb the surface from which the small amount of smoke is emanating would result in an outbreak of fire to larger areas, in that increased oxygen would be added because of the disturbed areas, and that, there- -9- 20. 21. 22. 23. 24. 25. fore, the area should remain undisturbed and the fire allowed to burn out. Anschutz Coal shall fence and post the area from the roadside to pro- tect persons from possible fire danger and shall provide the Board with written evidence to support its conclusion from another qualified authority within ninety days. Fir~ Protection - Fire Protection will be the responsibility of Anschutz Coal and will be provided by fire control systems, including high pressure pumps, as well as chemical fire extinguishers strategically located. Anschutz Coal agrees to immediately notify the U.S. Forest Service if any fire should develop on the Lands which may threaten federal lands or require federal assistance to extinguish. Securit~ of the Property and Equipment - Security of property and equipment of Anschutz Coal shall be the responsibility of Anschutz Coal. The Pitkin County Sheriff's Office shall be informed of any acts requiring their notification. Additional Mine Portals, etc. - The opening of additiona-~i~e portal~' or creation of new run-off or effluent discharge points into North Thompson Creek or other streams shall require an amendment to these permit conditions. Change in Ownershi~ - In the event of any change of ownership (fee or lease) in the Lands, Anschutz shall notify the succeeding owner or lessee of the terms of this permit by letter, a copy of which shall be forwarded to the Board. In the event Anschutz is succeeded in operation on the Lands by legal process or order of court, the new operator shall be required to make ap- plication to the Board for approval of it and for continuance under this permit, which approval shall not be unreasonably withheld. Recordation of Permit - This permit shall be recorded in the office of the Pitkin County Clerk and Recorder, and shall constitute a burden running with the land. Public Liability Insurance Policy - Anschutz Coal agrees to post with the Board a public liability insurance policy in the initial sum of $300,000 for the benefit and purpose for the protection of Pitkin County, and to indemnify and hold harmless the County, from any liability arising out of the maintenance, existence or operations of Anschutz Coal on or relating to the Lands or arising from the issuance of this permit; such sum may be increased if the Board determines, after consultation with Anschutz Coal, it is reasonably necessary to do so. 26. Performance Bond ~ In order to insure compliance with the revegetation, and reclamation condi- tions of this permit, Anschutz Coal agrees to furnish to the Board a performance bond in the amount of $20,000. In the event Anschutz Coal's activities and operations on the Lands are con- ducted at a rate and extent which is less than that set forth in this permit and the Exhibits hereto, Anschutz Coal shall only be required to satisfy the conditions of this permit (other than revegetation and reclamation which must be satisfied regardless) as are reasonable in light of the then rate and extent of Anschutz's activities and operations on the Lands. 27. Non-Compliance - P.ublic Hearing - ae In the event that the Board determines that probable cause exists that Anschutz is not acting in substantial compliance herewith, the Board may issue and serve upon Anschutz a written order which shall specify the nature of the alleged non-compliance, and such order shall require Anschutz to cease and desist from such non-compliance within such reasonable time as the Board may det- ermine. Within seven days after the receipt of such order, Anschutz may file with the Board either a notice advising the Board that Anschutz is now in compliance or a written petition requesting a hearing to determine any one or both of the following matters: (i) Whether the alleged non-compliance exists or did exist; or (ii) 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 public hearing at a reasonable time and place to consider the matters set forth in the cease and desist order and in the petition. The hearing shall be convened and conducted pursuant to the procedures normally estab- lished by the Board for other public hearings. The burden of going forward with the evidence as to the existence of compliance shall be upon Anschutz; and Anschutz shall bear the burden of going forward with the evidence and the burden of proof relating to the reasonableness of requests for extensions of time and variances. If the Board determines by a preponderance of the evidence that non-compliance exists that has not been remedied, it may issue such orders as may be appropriate under the cir- cumstances; provided, however, no order ter- -11- // minating the permit shall enter without the Board's finding substantial evidence warrants that action. The Board may stay its order pending further review at the instance of Anschutz. If it does not so stay its order, the o~der shall be effective upon delivery to Anschutz, which may, of course, seek a judicial stay. A final determination of material non-compliance which has not been remedied or for which no variance has been granted shall at the option of the Board terminate this permit and Anschutz shall be required to discontinue its operations hereunder within such reasonable time there- after as the Board may determine. On or before October 1, 1976, of each year Anschutz Coal and the Board shall select a date for a public hearing and publish public notice thereof, at which hearing the Board shall review Anschutz Coal's operations on or relating to the Lands and shall give the public an opportunity to comment thereon. At the conclusion of such hearing, the Board shall determine whether Anschutz has substantially complied with the terms of this permit and, if it has not, the Board may issue a cease and desist order and otherwise follow the procedures set forth in paragraph 27(a) hereof. The Board has the right to waive the holding of the annual hearing upon prior notice to Anschutz and to any known interested parties. In the event that the Board determines that material and reasonable conditions not now included or incorporated in this permit should be added to the permit for the purpose of protecting the health and safety of the present and future inhabitants of Pitkin County from Anschutz's activities or opera- tions on or relating to the Lands, the Board may issue and serve upon Anschutz a written notice which sets forth the language of the proposed condition or conditions. Within seven days after the receipt of such notice, Anschutz shall file with the Board a written response advising the Board that either (a) it agrees that the proposed con- dition or conditions may be added to this permit or (b) it requests a hearing relating to the proposed condition or conditions. Upon the receipt of such a request for hearing, the Board shall promptly schedule a public hearing at a reasonable time and place to consider the proposed condition or conditions. It may hold such hearing in conjunction with the annual hearing speci- fied in paragraph 27(b). The hearing shall be convened and conducted pursuant to the procedures normally established by the -12- Dated: 28. 29. 30. Board for other public hearings. If the Board determines by a preponderance of the evidence that additional reasonable and material conditions to this permit are nec- essary to protect the health and safety of the present and future inhabitants of Pitkin County from Anschutz's activities or opera- tions on or relating to the Lands, the Board may promulgate such additional material and reasonable conditions to this permit. The Board's final conditions shall be ef- fective upon delivery to Anschutz; however, the enforcement of such conditions shall be stayed pending final administrative and judicial review initiated by Anschutz, if any, which review shall be filed within the time specified in Rule 106(b), Colo. Rules Civ. Pro. Record Made - Amendments - Anschutz's plans, supporting permit data, maps and statements to the Board shall constitute and contain Anschutz's program. Anschutz may not materially and ad- versely change or modify its program without prior submission thereof in writing to the Board and approval by the Board after public hearings if the Board so desires. Non-Severability - This permit is granted only upon each and every condition herein stated. If any condition hereof be challenged by the appli- cant and held invalid by a court of competent jurisdiction for any reason, unless otherwise determined by the Board upon Anschutz's appli- cation the whole permit shall lapse and be thereby terminated pending remand to the Board for the formulation of proper or lawful condi- tions in accordance with the ruling of the court and reissuance, if any of the permit. The Board shall act upon such remand within a reasonable period not to exceed 60 days unless such period is inadequate in the circumstances because of the necessity to assemble scientific data and the like, in which event it shall be as soon as reasonably possible. In the event there is enacted supervening federal or state law or re- gulations imposing greater restrictions or pre- empting the field of any condition, the permit shall continue notwithstanding such change. Notice - Ail notices issued to Anschutz here- under shall be delivered by mailing to Anschutz at P. O. Box 980, Carbondale, Colorado 81623, with a copy by mail to Albert M. Keenan, 1110 Denver Club Building, Denver, Colorado 80202. Notices to the Board shall be mailed to it at 506 E. Main Street, Aspen, Colorado 81611, with a copy to the Pitkin County Attorney, at that same address. September 24, 1975 BOARD OF COUNTY COMMISSIONERS C~ai~rh~anK. Shellman, Jr., -13- EXHIBIT A. B. C. LIST OF EXHIBITS ~OCUMENT Legal Description - Anschutz Lands Anschutz Minesite Plan Anschutz Representation - Reclama- tion Work County Extension Agent Requirements for Revegetation Minesite "Data Supporting Request of Anschutz Coal Corporation for Special Review Permit from Pitkin County Commissioners" (located in file) Briscoe, Maphis Roadway Access Agreement for Phased Road Im- provements Briscoe, Maphis guidelines for the storm drainage and storm runoff management plan Briscoe, Maphis guidelines for the solid waste disposal plan Division of Wildlife letter dated September 4, 1975 from John Seidel EXHIBIT A LEGAL DESCRIPTIO~'~I - ~SCHUTZ La3qDS EXHIBIT A (At~n.ched to and made a part of Special Review Permit'. dated · v//~.~.. , 1975 from the Pitkin County ]]oard of County Com- mis.~ione.rs to Anschutz Coal Corporation and The Anschutz Corporat 1on) , · ~ · THE LANDS PARCEL 1. The following described public domain subleased from the Garland Coal & Mining Company located in Pitkin County, Coloradb: T. 8 S., R. 89 W., 6th P.M. Section 22: S/2SW/4 Section 27: W/2 Section 34: SW/4,.W/2NW/4 T. 9 S. , R. 89 W. , 6th P.M. Section 3: Section 10: Section 14: Section 15:- Section 22: Section 23: Section 27: Section 28: Section 29: Section 30: Section 3].: Section 33: Section 34: PARCEL 2. Thompson-Four ~!ile Mineral Pitkin County, Colorado: W/2, SE/4SE/4 W/2W/2 W/2, S/2NE/4, NE/4NE/4, SE/4 All W/2NW/4 E/2, NW/4, N/2SW/4, SW/~SW~4 E/2, S/2NW/4, E/2SW/4, NW/4SW/4 S/2, SE/4NE/4 S/2 NW/4 N/2NE/4 N/2NE/4, NW/4NW/4 The following described land leased from Th~ North and Land Corporation, located in .T. 8 S., R. 89 W., 6th P.M. Section 15: E/2, N/2NW/4 Section 16: NE/4NE/4 Section 22: E/2 Section 26: W/2W/2 Section 27: E/2 Section 34: NE/4, E/2NW/4 Section 35: W/2NW/4 PARCEL 3. The following described land leased Land an~ Livestock Co., Inc., located in Pitkin T. 8 S'., R. 89. W., 6th P.M. from Anschutz County, Colorado: Section 34: SE/4 Section 35: SW/4 T. 9 S., R. 89 W., 6th P.M.. Section 2: W/2 Section 3: E/2 Section 10: NE/4, N/2SE/4, Section 11: W/2, SW/4SE/4 Soction 14: W/2E/2, E/2W/2 Section 15: NW/dNE/4 Section 23: W/2E/2, E/2N~/4, Section 26: W/2NE/4, W/2 Section 27: SE/4.~;W/4 Section 34: S/2NE/d, E/2NW/4, W/2SE/d, NE/4SW/4 Section 35: NW/4, E/2SW/4 SW/4SE/4 sw/4 Sk/4oE/4 , ,oo 303 T. 10 S., R. 89 W., 6th P.M. Section 2: NE/4NW/4, W/2NW/4 Section 3: . N/2~/4 For the purposes shall mean and include the T. 8S., R. Section 35: Section 34: of this permit the term "Minesite" following described real property: 89 W., 6th P.M. E/2NW/4, SW/4NW/4; and S/2S/2NE/4. BOARD OF CO. COMM'R'S FITKIN Exh. ~o.: ..... ~ A-2 Remainder of Exhibits omitted from Recording.