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Home My WebLink About20260103 Resolution Approve Use by Special Review Permit, USR25-0019, for Open Mining and Processing of Minerals (sand and gravel) outside of subdivisions and historic townsites in the A (Agricultural) Zone District— 70 Ranch, 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 28th day of January, 2026, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of 70 Ranch, LLC, 8301 East Prentice Avenue, #100, Greenwood Village, Colorado 80111, for Use by Special Review Permit, USR25-0019, for Open Mining and Processing of Minerals (sand and gravel) outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: All of Section 25, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado Whereas, at said hearing, the applicant was represented by Kyle Regan, Civil Resources, LLC, 8308 Colorado Boulevard, Firestone, Colorado 80504, 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 and any other applicable code provisions or ordinance in effect. 1) Section 22-2-60.B states: "Support responsible energy and mineral development." The request is for a sand mine on approximately 622 acres, to be known as the Section 25 Sand Mine. Weld County recognizes that mineral resource extraction is an essential industry and supports the regional economy. The availability and reduced cost of local sand and gravel will positively impact regional CC;pL(DE/MN/DA/DA/AS/KR), CACKFI), 2026-0103 ASR(SG), APPL., APPL. REP. PL2991 o2/ict/26 Use by Special Review Permit, USR25-0019 — 70 Ranch, LLC Page 2 development and transportation construction costs and supply. According to the Weld County Sand and Gravel Resources map, dated July 1, 1975, the property is classified as wind-deposited, fine aggregate sand dunes. The Department of Reclamation, Mining, and Safety (DRMS) application submitted with the Weld County application shows this area has been identified to contain the desired material (sand) and supports the orderly development of mineral resources. Development on these lands will not occur until the mineral resources have been fully extracted. 2) Section 22-2-60.B.1 states: "Ensure that surface development reasonably accommodates mineral extraction." The request is to extract an economically viable mineral, sand, from the site. The Mine will not disturb any existing buildings or other surface development. Oil and gas minerals onsite are being extracted via off-site directional wells. 3) 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." Traffic for the Mine will use private roads through 70 Ranch to reach County Road (CR) 69, where sand trucks will turn south to reach U.S. Highway 34. The Colorado Department of Transportation (CDOT) is requiring improvements to the intersection of CR 69 and U.S. Highway 34. A provisional Access Permit from CDOT is required prior to recording the USR map. Improvements must be completed prior to operation. 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." Natural resource extraction is provided for in the A (Agricultural) Zone District. The proposed project use is permitted in the A (Agricultural) Zone District by a Use by Special Review Permit, per 2026-0103 PL2991 Use by Special Review Permit, USR25-0019 — 70 Ranch, LLC Page 3 Section 23-3-40.S, "Open Mining and processing of minerals, subject to the additional requirements of Article IV, Division 4, of this Chapter." C. Section 23-2-230.B.3 —The uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent lands consist of agricultural and oil and gas activities. There are four(4) USRs within one (1) mile of the site: USR16-0023, 1 MUSR18-15-0062, and USR15-0058, all for mineral resource development facilities; and USR-1562, for electrical power lines. The Weld County Department of Planning Services sent notice to two (2) surrounding property owners (SPOs) within 500 feet of the site. One (1) phone call was received, asking for case information only, but no concerns were expressed. The closest residence is 0.96 miles away and owned by the applicant. There are 13 residences, approximately 1.2 miles southwest of the site, located on Cottonwood Lane and Cottonwood Court, just west of CR 69, in the Cottonwood Falls Amended PUD, located along the haul route. Only one (1) other residence is located along the haul route before it connects to U.S. Highway 34, approximately 2.4 miles from the site. 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 the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The subject property is classified on the Weld County Comprehensive Plan map as a "Rural-Scale Development" area. No urban-scale development plans are affected by this proposal. The site is not located within the three (3) mile referral area or Coordinated Planning Agreement area of an incorporated municipality or a County. E. Section 23-2-230.B.5 — The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is not located within the Geologic Hazard Overlay District, A-P (Airport) Overlay District, Special Flood Hazard Area, 1-25 Overlay District, MS4-Municipal Separate Storm Sewer System 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. 2026-0103 PL2991 Use by Special Review Permit, USR25-0019 — 70 Ranch, LLC Page 4 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 6.6% of the site consists of nearly level (0 - 3% slopes) Valent sand, considered to be "Farmland of local importance," and 93.4% of the site consists of gentle sloping (3 - 9% slopes) Valent sand, considered to be "Not prime farmland." No Prime Farmland will be removed 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, and Open Mining Standards, Chapter 23, Article IV, Division IV of the 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. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the application of 70 Ranch, LLC, for Use by Special Review Permit, USR25-0019, for Open Mining and Processing of Minerals (sand and gravel) 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. The applicant shall address the requirements of the Colorado Department of Transportation, as stated in the referral response, dated October 16, 2025. Written evidence of such shall be submitted to the Weld County Department of Planning Services. B. An Improvements and Road Maintenance Agreement is required for upfront, off-site and triggered off-site improvements with this project. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements. The required upfront, off-site road improvements are: 1) CDOT Upfront Off-site Improvements: 2026-0103 PL2991 Use by Special Review Permit, USR25-0019 — 70 Ranch, LLC Page 5 a. U.S. Highway 34 southeastbound, left turn, deceleration lane onto northbound County Road 69 (Full length of 800 feet + Storage + 300-foot taper). b. U.S. Highway 34 southeastbound, left turn, acceleration lane onto northbound County Road 69 (Full length of 1,300 feet + 300-foot taper). 2) Weld County Upfront Off-site Improvements: a. County Road 69 southbound left turn deceleration lane, per Chapter 4 of the WCECC manual, at the County Road 69 / U.S. Highway 34 intersection, meeting the pavement design requirements of Chapter 9 of the WCECC manual. 3) Weld County triggered off-site road improvements: a. Construct a County Road 50 southwestbound, left turn • deceleration lane, per Chapter 4 of the Weld County Engineering and Construction Criteria (WCECC) manual, at the County Road 50 / County Road 380 intersection, meeting the pavement design requirements of Chapter 9 of the WCECC manual if determined by Weld County such an improvement would be beneficial to the safety and operation of said intersection. Widening of County Road 50 within the limits of the turn lane will be required with the construction of the turn lane. C. The applicant shall obtain a Colorado Department of Transportation Access Permit. D. The applicant shall submit a recorded copy of all Access Agreements signed by all owners of private property whose property is crossed for access to the project site. The Access Agreement shall be for ingress, egress, and utilities (if applicable) and shall be referenced on the USR map by the Weld County Clerk and Recorder's Reception number. E. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code and be amended to delineate the following: 1) All sheets of the map shall be labeled USR25-0019. 2) The attached Development Standards. 2026-0103 PL2991 Use by Special Review Permit, USR25-0019 — 70 Ranch, LLC Page 6 3) The applicant shall show and label all recorded easements and rights-of-way shall be delineated on the map by book and page number or Reception number. 4) County Roads 50, 69, and 380 are paved roads and are designated on the Weld County Functional Classification Map as local roads, which require 60 feet of right-of-way. The applicant shall delineate and label the existing rights-of-way (along with their creating the documents) and the physical location of the roads on the USR map. All setbacks shall be measured from the edge of the rights-of-way. These roads are maintained by Weld County. 5) The applicant shall show the approved Colorado Department of Transportation access on the USR map and label with the approved Access Permit number, if applicable. 6) The applicant shall show and label the approved access location on County Road 69. 7) The applicant shall show and label the drainage flow arrows. 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 paper map along with all other documentation required as Conditions of Approval. The paper 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 paper 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 Commissioners Resolution, a $50.00 recording continuance fee shall be added for each additional three (3)-month period. 4. Prior to Construction: A. The applicant shall obtain a Weld County Grading Permit if more than one (1) acre is to be disturbed, for construction outside of the mining area. 2026-0103 PL2991 Use by Special Review Permit, USR25-0019 — 70 Ranch, LLC Page 7 5. Prior to Operation: A. Accepted construction drawings and construction of the off-site roadway improvements are required. B. The applicant shall submit written evidence that the Financial and Performance warranty has been submitted to, and accepted by, the Division of Reclamation, Mining, and Safety. C. The operator shall furnish evidence that they are insured to the extent of not less than $100,000.00, against liability for any negligent act or omission by the operator, from the operation or maintenance of the sand and gravel pit, and the extraction and production of sand and gravel, and all activities connected with, or incidental, thereto. 6. The Use by Special Review 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 map 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. Use by Special Review Permit Development Standards 70 Ranch, LLC USR25-0019 1. Use by Special Review Permit, USR25-0019, is for Open Mining and Processing of Minerals (sand and gravel) 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. 3. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 4. The mine shall remain in compliance with the County Open Mining requirements, per Chapter 23, Article IV, Division 4 of the Weld County Code, as amended, including Operations policies and Reclamation policies. 5. The mine shall remain in compliance with the approved Division of Reclamation, Mining, and Safety 112c Permit, #M-2025-015. 2026-0103 PL2991 Use by Special Review Permit, USR25-0019 — 70 Ranch, LLC Page 8 6. Revisions, as approved by the Colorado Division of Reclamation, Mining and Safety, may, as determined by Weld County staff, require an amendment to this USR Permit. 7. The number of employees shall be up to 14, as stated in the application materials. 8. Operations will be conducted up to 24 hours per day, seven (7) days per week. 9. The parking area for mine equipment, vendors and employees on the site shall be maintained. 10. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County Code. 11. 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. 12. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off-site tracking. 13. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized. 14. 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. 15. The property owner shall comply with all requirements provided in the executed Improvements and Road Maintenance Agreement. 16. The Improvements and Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. 17. 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. 18. Weld County is not responsible for the maintenance of on-site drainage related features. 19. 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. 2026-0103 PL2991 Use by Special Review Permit, USR25-0019 — 70 Ranch, LLC Page 9 20. 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 solid waste in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5. 21. 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. 22. 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. 23. The operator shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application and obtain permits from the Air Pollution Control Division of the Colorado Department of Public Health and Environment, as applicable. 24. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone, as delineated in C.R.S. §25-12-103. The facility shall operate in accordance with the accepted Pre-mining Noise Assessment. 25. The operator shall remove, handle, and stockpile overburden, sand, soil, and gravel from the facility area in a manner that prevents nuisance conditions. 26. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. Portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers, and be screened from existing adjacent residential properties and public rights-of-way. 27. Any On-Site Wastewater Treatment System (OWTS) located on the property must comply with all provisions of the Weld County Code, pertaining OWTS. 28. A Colorado Discharge Permit System (CDPS) from the Colorado Department of Public Health and Environment, Water Quality Control Division, shall be obtained, as applicable. 29. All chemicals must be handled in a safe manner in accordance with product labeling. All chemicals must be stored securely, on an impervious surface, and in accordance with manufacturer's recommendations. The operation shall comply with the Mine Safety and Health Act (MSHA). 2026-0103 PL2991 Use by Special Review Permit, USR25-0019 — 70 Ranch, LLC Page 10 30. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map. Neither the 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. 31. Any future structures or uses onsite must obtain the appropriate Zoning and Building Permits. 32. 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. 33. 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. 34. All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700, as amended. 35. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 36. 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. 37. 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 2026-0103 PL2991 Use by Special Review Permit, USR25-0019 — 70 Ranch, LLC Page 11 Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 38. 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. 39. 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 Resolution, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated. 40. The 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. 41. 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) 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. 2026-0103 PL2991 Use by Special Review Permit, USR25-0019 — 70 Ranch, LLC Page 12 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 28th day of January, A.D., 2026: Scott K. James, Chair: Aye s "► s en Jason S. Maxey, Pro-Tern: Aye . ,- Perry L. Buck: Aye 0 "V (10 Lynette Peppier: Aye ©t= Kevin D. Ross: Aye �"' � 14)14 Approved as to Form: *0. .®►''0 Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 2026-0103 PL2991 Hello