HomeMy WebLinkAbout20253425 Draft Resolution
Approve Use by Special Review Permit, USR25-0018, for uses similar to a
Solar Energy Facility (Battery Energy Storage System [BESS]), outside of
subdivisions and historic townsites in the A (Agricultural) Zone District —
Colorado State Land Board, c/o Weld Energy Center, LLC
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, the Board of County Commissioners held a public hearing on the 17th day of
December, 2025, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose
of hearing the application of Colorado State Land Board, 1127 Sherman Street, Suite 300,
Denver, Colorado 80203, do Weld Energy Center, LLC, 700 Universe Boulevard,
Juno Beach, Florida 33408, for Use by Special Review Permit, USR25-0018, for uses
similar to a Solar Energy Facility (Battery Energy Storage System [BESS]), outside of
subdivisions and historic townsites in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
S1/2 of Section 36, Township 8 North, Range 67 West of the 6th P.M.,
Weld County, Colorado
Whereas, at said hearing, the applicant was present/represented by [Representative],
[Representative Address], and
Whereas, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
Whereas, the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission, and all of the exhibits and evidence presented in this
matter, and having been fully informed, finds that this request shall be approved for the
following reasons:
1 . The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
[Weld County Comprehensive Plan] and any other applicable code
provisions or ordinance in effect.
1) Section 22-2-60.B states: "Support responsible energy and mineral
development." The 100 MW/4-hour Battery Energy Storage System
(BESS) facility (Project) will encompass about six (6) acres on
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Use by Special Review Permit, USR25-0018 — Colorado State Land Board,
c/o Weld Energy Center, LLC
Page 2 - Draft
a 320-acre parcel owned by the State Land Board. The entire BESS
facility will occupy a 39-acre lease area along the western boundary
of the subject property. The BESS will consist of 176 battery
containers and about 44 inverters. The Project includes a step-up
substation to increase voltage from 34.5 kV BESS output to 230 kV,
facilitating connection to the regional grid. The 0.3-mile (1,760 feet),
230 kV, gen-tie line will connect the BESS to the Platte River Power
Authority (PRPA) substation, which is located immediately west of
the site within the Town of Severance. The PRPA substation is not
part of this application and is currently under construction. The PRPA
substation and this BESS are located adjacent to the Black Hollow
Solar Project, a 2,100-acre, 250 MW solar facility annexed by the
Town of Severance in 2021. The BESS stores electricity from the
electrical grid during times of low demand or from a solar energy
facility (SEF) during the day. The electricity is released back into the
grid during peak demand or outages, which supports the grid during
high demand periods. A 100 MW/4-hour BESS discharges 100 MW
for 4 hours, 100 megawatts (MW DC) x 4 hours = 400 megawatt
hours (MWh).
2) Section 22-2-60.B.2 states: "Ensure that infrastructure, such as
adequate roads and utilities, exists or can be made available prior to
development of energy and mineral resource production facilities."
The primary entrance is along County Road (CR) 23, which is a
gravel road with a 60-foot right-of-way (ROW) between State
Highway 14 (CR 82) and County Road 84. Currently, Weld County
holds 30 feet of ROW for approximately one-half (1/2) mile south of
the proposed site. Beyond that point, the ROW increases to 60 feet.
This road segment between CR 84 and CR 86 is non-maintained by
the County, the maintained roadway is the section south of County
Road 84, south to State Highway 14. The site for the BESS was
selected due to the proximity of existing utility infrastructure including
a 230 kV powerline and a substation. The Project includes a step-up
substation to increase voltage from 34.5 kV BESS output to 230 kV.
The 230 kV, 0.3-mile (1,760 feet), gen-tie line will connect the BESS
to the PRPA substation, which is located immediately west of the site
within the Town of Severance. The PRPA substation is not part of
this application and is currently under construction. The PRPA
substation and this BESS are located adjacent to the Black Hollow
Solar (BHS) facility, a 2,100-acre, 250 MW solar facility in the Town
of Severance.
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Use by Special Review Permit, USR25-0018 — Colorado State Land Board,
do Weld Energy Center, LLC
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3) Section 22-2-60.B.3 states: "Require that energy and mineral
resource development conserve the land and minimize the impact
on surrounding land and the existing surrounding land uses." The
BESS facility has a compact footprint of six (6) acres on a parent
parcel of 320 acres. Because of the relatively small footprint there is
limited disturbance to the site and the surrounding land uses. The
nearest residence is about four tenths (0.4) of a mile (2,300 feet)
southwest of the disturbed area. No permanent landscaping is
proposed, and no irrigation systems will be installed. Due to the
remote location staff is not recommending any landscaping. The
proposed BESS will be enclosed by a six (6)-foot-tall chain-link
perimeter fence, with a barbed wire outrigger. The Project avoids
sensitive environmental areas and will implement erosion control and
stormwater management best practices during construction and
operation. The disturbed soils will be seeded to prevent erosion and
control noxious weeds.
4) Section 22-2-60.B.5 states: "Energy development facilities should
preserve agricultural areas and enhance the rural landscape."
5) Section 22-2-30.A states: "Commit to the economic future of
agriculture." The land uses on the subject property include dryland
farming and grazing and oil and gas operations. The area is currently
fallow agriculture and is not subject to active irrigation. No trees or
landscaping exist, and no new landscaping is proposed due to lack
of irrigation water. The application materials state the disturbed soil
will be seeded to prevent erosion and control noxious weeds. The
revegetation plan is intended to restore the site to a stable,
low-maintenance condition that aligns with surrounding agricultural
land uses and minimizes long-term environmental impacts. The
application materials also state that erosion control will be
implemented to manage runoff and prevent sedimentation in nearby
intermittent drainages associated with Coal Bank Creek and the
associated floodplain to the east. The soils on this site are not "Prime
Farmland". The remaining 281 acres that are not encumbered by oil
and gas operations may be utilized for dryland farming or grazing
land. At the end of its lifecycle the BESS will be decommissioned,
and the site will be restored to original conditions.
6) Section 22-2-30.0 states: "Harmonize development with surrounding
land uses." A BESS produces limited noise, and emissions and the
traffic will be generated during construction and significantly reduced
during operation of the site. The nearest residence is about
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c/o Weld Energy Center, LLC
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four-tenths (0.4) of a mile (2,300 feet) southwest of the disturbed
area. Security lighting will be low-elevation lighting, that is it will be
no taller than 14 feet above the ground. The lighting is only switched
on when personnel enter the area. The lighting will be shielded so
the light is directed downward. The Noise Study states that the
potential noise impacts could occur from inverters, battery containers
with HVAC systems, and the substation transformer. The predicted
sound levels at the property lines are shown to comply with
the 50 dBA limit. BESS are designed with safety measures to protect
workers and the public. The primary risk is electrocution from the
conductors and transformers. Most electrical lines are installed
underground, and overhead lines are placed high above ground in
rural, private areas in order to reduce this risk. All equipment meets
national safety standards, including UL 9540 certification, ensuring
protection against fire, shock, and overheating. High-voltage areas
are fenced and clearly marked with warning signs. Additionally, there
are fire and explosion risks and the fire detection systems mitigate
this risk. Lightning protection is also built into the design. An
Emergency Response Plan is in place, and according to the
application materials, there will be regular training for BESS staff and
coordination with local first responders. The site is located within the
Windsor-Severance Fire Rescue boundaries and there was no
referral agency response on this case from the fire district.
B. Section 23-2-230.B.2 —The proposed use is consistent with the intent of the
A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses."
2) Section 23-3-40.KK allows for uses similar to the uses listed as
permitted, as long as the use complies with the general intent of the
Zone District. A BESS is similar to a SEF as they are both part of
renewable energy systems and they both connect to, and stabilize,
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c/o Weld Energy Center, LLC
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the grid by either supplying power in the case of the SEF or balancing
supply and demand in the case of the BESS.
3) Section 23-3-40.FF allows Use by Special Review (USRs) for Solar
Energy Facilities (SEFs).
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. There are six (6) agriculturally
zoned properties within 500 feet of the subject property, within
unincorporated Weld County, and three (3) parcels adjacent to the subject
property, to the west, located in the Town in Severance. The Town of
Severance properties are zoned Rural Residential. The surrounding land
uses include pastures, crops, solar, rural residences, and oil and gas
operations. There is one (1) residence within 500 feet of the subject property
within unincorporated Weld County. There are no residences located in the
Town of Severance within 500 feet and the closest residence to the
disturbed area is about four tenths (0.4)-mile (2,300 feet) to the southwest.
There are eight (8) USRs within one (1) mile of the site. SUP-375, for a hog
farm (non-operational); USR-823, for 230 kV power lines; USR(CUP)-44,
for a microwave tower; USR-1183, for a gas line; USR-1527, for repair and
storage; USR18-0116, for an oil and gas support service facility;
USR23-0026 for a livestock confinement operation; USR(SUP)-392,
for 345 kV power lines, which bisect the subject property and the Black
Hollow Solar facility located in the Town of Severance.
Weld County Department of Planning Services staff sent notice to eight (8)
surrounding property owners (SPOs) within 500 feet of the proposed USR
boundary. The County has received 56 letters of support on this case. The
property owner, the State Land Board, and the Windsor-Severance Fire
Rescue (WSFR) submitted letters of support and the other 54 letters of
support were received from property owners that are more than a 500-foot
distance from the site. There was no written correspondence or telephone
calls received in objection to this use from the SPOs. The proposed use is
in an area that can support this development and the Conditions of Approval
and Development Standards will assist in mitigating the impacts of the
facility on the adjacent properties and ensure compatibility with surrounding
land uses and the region.
D. Section 23-2-230.B.4 — The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of this Code or master plans of affected municipalities. On
May 26, 2022, the applicant, NextEra, submitted a pre-application request
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for a 200 megawatt (MW) Solar Energy Facility on 1,478 acres, to include a
400MWh BESS, which met the definition of a 1041 SEF. The site is located
within the Coordinated Planning Agreement (CPA) area and as part of the
pre-application process the Town of Severance was sent a Notice of Inquiry
(NOI). The Town returned a signed NOI, dated June 28, 2022, within the
required 21 day period, stating that the Town had no desire to pursue
annexation of the 1,478 acres as outlined in PRE22-0133. The applicant,
NextEra, continued to meet with County staff at least once per year between
2022 and 2025, to discuss the details of the submittal, and therefore, this
2022 pre-application remained active. If there was no activity on the
pre-application request the case would be closed after 12 months. Between
2022 and 2025, and prior to the formal submittal of this USR, the request
was scaled back to only include a six (6)-acre BESS on a 39-acre lease
area, and the 1,478 acres SEF was no longer part of the request. After the
formal submittal of USR25-0018, in March of 2025, there was a prolonged
completeness review period as there were on-going discussions between
the Town of Severance and the applicant concerning the Town's desire to
annex the 320-acre parcel where this BESS is proposed to be located.
The Town of Severance Comprehensive Plan land use designation on the
Future Land Use Map is Rural Residential Conservation and Rural
Residential Agriculture. According to the Town's Comprehensive Plan,
Rural Residential Conservation is, "The Conservation designation that
allows for altered standards of development in exchange for a larger
percentage of open space within a rural development. The intention of the
Town is to continue to preserve the rural character of the area through
designated agricultural open space." And, Rural Residential Agriculture, is
"within or outside the rural residential area. Agricultural residential
development is intended to be large lot residential subdivisions with an
agricultural component that is associated with each lot, or a select number
of lots, or is a stand-alone agricultural parcel." The site is located within the
three (3) mile referral area of the Town of Severance. The Town submitted
referral agency comments, dated September 24, 2025, that stated, "The
Town of Severance respectfully submits this letter to formally object to the
proposed development of a Use by Special Review Permit for a battery
energy storage facility also known as USR25-0018. We firmly believe this
property should be annexed into the Town prior to development." The letter
goes on to state, "Our position is based on the Cooperative Planning
Agreement between the Town of Severance and Weld County. As outlined
in that agreement, the property abuts our Town limits and lies within our
designated growth management area. Annexation in this circumstance is
appropriate and consistent with the principles established in the
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Agreement." On November 21, 2025, the Town submitted an email that
stated, "The Town of Severance, in response to our ongoing working
relationships with both the State Land Board and NextEra Energy, withdraw
our objection to USR25-0018."
E. Section 23-2-230.B.5 — The application complies with Articles V and XI of
this Chapter if the proposal is located within an overlay zoning district or a
special flood hazard area identified by maps officially adopted by the county.
The property is not located within any overlay district officially adopted by
the County, including A-P (Airport) Overlay District, 1-25 Overlay District,
Geologic Hazard Overlay District, MS4 (Municipal Separate Storm Sewer
System) area, Special Flood Hazard Area, Historic Townsites Overlay
District, or Agricultural Heritage Overlay District. Building Permits issued on
the lot will be required to adhere to the fee structure of the County-Wide
Road Impact Fee, County Facility Fee, and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The Natural Resources Conservation Services (NRCS) Soil Survey
indicated 80% of the site consists of moderate-slope (3-5%) Olney fine
sandy loam, classified as "Farmland of Statewide Importance", 13% of the
site consist of severe slope (5-20%) Tassel fine sandy loam, classified as
"Not Prime Farmland", 6% of the site consists of moderate slope (3-5%)
Vona sandy loam, classified as "Not Prime Farmland", and the
remaining 1% of the site consists of low slope (1-3%) Vona sandy loam,
classified as "Farmland of Statewide Importance". The BESS is located on
approximately 35 acres of Olney fine sandy loam and about five (5) acres
of Vona sandy loam low slope (1-3%). The BESS facility will not remove
any "Prime Farmland" from production.
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure that
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County. This proposal
has been reviewed by the appropriate referral agencies and it has been
determined that the attached Conditions of Approval and Development
Standards ensure there are adequate provisions for the protection of the
health, safety and welfare of the inhabitants of the neighborhood and county
and will address and mitigate impacts on the surrounding area with the
operation of this facility.
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Use by Special Review Permit, USR25-0018 — Colorado State Land Board,
c/o Weld Energy Center, LLC
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Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the application of Colorado State Land Board, c/o Weld Energy Center,
LLC, for Use by Special Review Permit, USR25-0018, for uses similar to a Solar Energy
Facility (Battery Energy Storage System [BESS]), outside of subdivisions and historic
townsites in the A (Agricultural) Zone District, on the parcel of land described above, be,
and hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. A Road Maintenance Agreement for Construction is required at this
location. Road maintenance includes, but is not limited to, dust control and
damage repair to specified haul routes.
B. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR25-0018.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The map shall delineate the proposed fencing surrounding the
facility.
5) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 of the Weld County Code, if applicable.
6) County Road 25 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which requires
60 feet of right-of-way at full buildout. The applicant shall delineate
and label the existing right-of-way (along with its creating document)
and the physical location of the road on the USR map. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
7) County Road 86 is a gravel road and, east of CR 25, is designated
on the Weld County Functional Classification Map as a local road,
which requires 60 feet of right-of-way at full buildout. There is no
public right-of-way between Section 36, Township 8 North,
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c/o Weld Energy Center, LLC
Page 9 - Draft
Range 67 West, and Section 1, Township 7 North, Range 67 West.
The applicant shall delineate and label the existing right-of-way
(along with its creating document) and the physical location of the
road on the USR map. All setbacks shall be measured from the edge
of the right-of-way. This road is maintained by Weld County.
8) County Road 23 is a gravel road and, south of CR 84, is designated
on the Weld County Functional Classification Map (Code Ordinance
#2024-01) as a local road, which requires 60 feet of right-of-way.
Weld County possesses 30 feet of right-of-way for approximately
one-half(1/2) mile south of the proposed site, after which the County
right-of-way increases to 60 feet. The applicant shall delineate and
label the existing right-of-way (along with its creating document) and
the physical location of the road on the USR map. All setbacks shall
be measured from the edge of the right-of-way. This road is not
maintained for approximately one (1) mile south of the proposed site
until it reaches County Road 84, after which it becomes maintained
by Weld County.
9) The applicant shall show and label the accepted drainage features.
Stormwater ponds should be labeled as "Stormwater Detention,
No-Build or Storage Area" and shall include the calculated water
quality and detention volumes.
10) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the map. Label the floodplain boundaries with the
FEMA Flood Zone and FEMA Map Panel Number or appropriate
study.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a USR map along with all other documentation required as Conditions
of Approval. The USR map shall be recorded in the office of the Weld County Clerk
and Recorder by the Department of Planning Services. The map shall be prepared
in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The USR map and additional requirements shall be submitted within 120
days from the date of the Board of County Commissioners' Resolution. The
applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the specified timeline from the date of the Board of County
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Commissioners Resolution, a $50.00 recording continuance fee shall be added for
each additional three (3)-month period.
4. The Use by Special Review Permit is not perfected until the Conditions of Approval
are completed and the map is recorded. Activity shall not occur, nor shall any
Building or Electrical Permits be issued on the property, until the Use by Special
Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder or the applicant has been approved for an early release agreement.
5. Prior to Construction:
A. The applicant shall submit an irrevocable standby letter of credit, bond, or
alternate form of security in an amount sufficient to fund the estimated
decommissioning/reclamation costs, required by Section 23-4-1030.B.4 of
the Weld County Code, for acceptance and approval by the Weld County
Board of County Commissioners. Once approved, the Decommissioning
and Reclamation Plan shall be updated to include the approved security
information.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
shall be required.
C. Overweight and/or Oversized Special Transport Permits from the
Department of Public Works shall be acquired for all applicable trucks.
D. The applicant shall be in receipt of an approved Access Permit.
E. If there is any disturbance/construction in the floodplain a Floodplain
Development Permit is required.
Use by Special Review Permit
Development Standards
Colorado State Land Board, c/o Weld Energy Center, LLC
USR25-001 8
1. Use by Special Review Permit, USR25-0018, is for uses similar to a Solar Energy
Facility (Battery Energy Storage Facility [BESS]), outside of subdivisions and
historic townsites in the A (Agricultural) Zone District, subject to the Development
Standards stated hereon.
2. Approval of this plan may create a vested property right, pursuant to
Section 23-8-10 of the Weld County Code.
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3. Any future structures or uses onsite must obtain the appropriate Zoning and
Building Permits.
4. This is an unmanned facility.
5. The hours of operation are 24 hours a day.
6. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code,
if applicable.
7. The property owner or operator shall be responsible for controlling noxious weeds
on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
8. The access to the site shall be maintained to mitigate any impacts to the public
road, including damages and/or off-site tracking.
9. There shall be no parking or staging of vehicles on public roads. On-site parking
shall be utilized.
10. Any work that may occupy and/or encroach upon any County rights-of-way or
easement shall require an approved Right-of-Way Use Permit, prior to
commencement.
11. The property owner shall comply with all requirements provided in the executed
Road Maintenance Agreement for Construction.
12. Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
13. The historical flow patterns and runoff amounts will be maintained on the site in
such a manner that it will reasonably preserve the natural character of the area
and prevent property damage of the type generally attributed to runoff rate and
velocity increases, diversions, concentration and/or unplanned ponding of
stormwater runoff.
14. Weld County is not responsible for the maintenance of on-site drainage related
features.
15. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, C.R.S. §30-20-100.5,) shall be stored and removed for final disposal
in a manner that protects against surface and groundwater contamination.
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16. No permanent disposal of wastes shall be permitted at this site. This is not meant
to include those wastes specifically excluded from the definition of a solid waste in
the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
17. Waste materials shall be handled, stored, and disposed of in a manner that
controls fugitive dust, fugitive particulate emissions, blowing debris, and other
potential nuisance conditions. The facility shall operate in accordance with
Chapter 14, Article I of the Weld County Code.
18. Fugitive dust should attempt to be confined on the property. Uses on the property
shall comply with the Colorado Air Quality Commission's Air Quality Regulations.
The facility shall be operated in accordance with the accepted Dust Abatement
Plan, at all times.
19. Fugitive dust and fugitive particulate emissions shall be controlled throughout the
duration of construction of the facility.
20. During construction, ail liquid and solid wastes (as defined in the Solid Wastes
D is al ? and Facili s Act, C RR.S§3 0-100 5) shall h ore Td
removed for final disposal in a manner that protects against surface and
groundwater contamination. DUPLICATE OF tt15
21. During construction, no permanent disposal of wastes shall be permitted at this
sit�his is no matte incli de those was specifically excluded from the
a'r r����r-r-rQ �rrcraa�n-rv��av-�.r
d nition of a solid waste in the Solid Wastes po l Cites and FondiesTn�0
r
20 100.5, C.R.S. DUPLICATE OF tt16
manner that controls fugitive dust, fugitive particulate emissions, blowing debris,
with apter1-4 .i e-1�-of the Weld Count , Ce e—Do-PLICAT OF tt17
2 . During construction, adequate toilet facilities and handwashing units shall be
provided. Portable toilets shall be serviced by a cleaner licensed in Weld County,
contain hand sanitizers, be screened from public view, and removed when
construction is completed.
21 . The facility shall adhere to the maximum permissible noise levels allowed in the
Residential/Commercial Area, in accordance with Weld County Code
Section 14-9-40.
2 . The operation shall comply with all applicable rules and regulations of state and
federal agencies and the Weld County Code.
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23 . A Flood Hazard Development Permit is required for all construction or
development occurring in the floodplain or floodway, as delineated on Federal
Emergency Management Agency (FEMA) FIRM Community Panel Maps
#08123C-1205E, dated January 20, 2016 (Coalbank Creek). Any development
shall comply with all applicable Weld County requirements, Colorado Water
Conservation Board requirements, as described in Rules and Regulations for
Regulatory Floodplains in Colorado, and FEMA regulations and requirements, as
described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is
any man-made change to improved, or unimproved real estate, including, but not
limited to, buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials.
24 . FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the
start of any development activities, the owner should contact Weld County to
determine if the floodplain boundaries have been modified.
25 . Sources of light shall be shielded so that light rays will not shine directly onto
adjacent properties where such would cause a nuisance or interfere with the use
on the adjacent properties in accordance with the plan. Neither direct nor reflected
light, from any light source, may create a traffic hazard to operators of motor
vehicles on public or private streets. No colored lights may be used, which may be
confused with, or construed as, traffic control devices.
26 . Building Permits may be required for any new construction, set up of manufactured
structures, or change of use of existing buildings, per Section 29-3-10 of the Weld
County Code. Buildings and structures shall conform to the requirements of the
various codes adopted at the time of permit application. Currently, the following
have been adopted by Weld County: 2018 International Codes, 2018 International
Energy Conservation Code, 2023 National Electrical Code, and Chapter 29 of the
Weld County Code. A Building Permit application must be completed and two (2)
complete sets of engineered plans, bearing the wet stamp of a Colorado registered
architect or engineer, must be submitted for review. A Geotechnical Engineering
Report, performed by a Colorado registered engineer, or an Open Hole Inspection
shall be required. A Building Permit must be issued prior to the start of construction.
273. . Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County-Wide Road Impact Fee, County Facility Fee, and Drainage
Impact Fee Programs.
283- . The property owner or operator shall be responsible for complying with the Design
and Operation Standards of Chapter 23 of the Weld County Code.
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29 . All buildings shall comply with the setback from oil and gas wells, per
Section 23-4-700, as amended.
30 . Necessary personnel from the Weld County Departments of Planning Services,
Public Works, and Public Health and Environment shall be granted access onto
the property at any reasonable time in order to ensure the activities carried out on
the property comply with the Conditions of Approval and Development Standards
stated herein and all applicable Weld County regulations.
31 . The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards, as shown or
stated, shall require the approval of an amendment of the Permit by the Weld
County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the
office of the Department of Planning Services.
32 . The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board
of County Commissioners.
336. Construction or use pursuant to approval of a Use by Special Review Permit shall
commence within three (3) years from the date of Board of County Commissioners
signed Resolution, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated.
34 . This Use by Special Review shall terminate when the use is discontinued for a
period of three (3) consecutive years, the use of the land changes or the time
period established by the Board of County Commissioners through the approval
process expires. The landowner may notify the Department of Planning Services
of a termination of the use, or Planning Services staff may observe that the use
has been terminated. When either the Department of Planning Services is notified
by the landowner, or when the Department of Planning Services observes that the
use may have been terminated, the Planner shall send certified written notice to
the landowner asking that the landowner request to vacate the Use by Special
Review Permit.
35� . In such cases where the Use by Special Review has terminated but the landowner
does not agree to request to vacate the Use by Special Review Permit, a hearing
shall be scheduled with the Board of County Commissioners to provide the
landowner an opportunity to request that the Use by Special Review Permit not be
vacated, for good cause shown. The landowner shall be notified at least ten (10)
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days prior to the hearing. If the Board of County Commissioners determines that
the Use by Special Review has terminated and no good cause has been shown
for continuing the permit, then the termination becomes final, and the Use by
Special Review Permit is vacated.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 17th day of December, A.D., 2025:
[Insert Resolution Attestation Block Post Meeting]
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