HomeMy WebLinkAbout20260104 EXHIBIT
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Before the Weld County, Colorado, Planning Commission
Ras - O\9
Resolution of Recommendation to the Board of County Commissioners
Moved by Michael Wailes, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for
Case Number. USR25-0019
Applicant: 70 Ranch, LLC
Planner Angela Snyder
Request: Use by Special Review Permit for Open Mining and Processing of Minerals(sand
and gravel), outside of subdivisions and historic townsites in the A(Agricultural)
Zone District.
Legal Description: All of Section 25, Township 5 North, Range 63 West of the 6th P.M.,Weld County,
Colorado.
Location: South of and adjacent to County Road 54 Section line; north of and adjacent to
vacated County Road 52; east of and adjacent to vacated County Road 71;
approximately one (1) mile east of County Road 69.
be recommended favorably to the Board of County Commissioners 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. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-60.8 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 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 DRMS application
submitted with the Weld County application shows that 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.
Section 22-2-60.8.1. 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 offsite directional wells.
Section 22-2-60.8.2. 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 69, where
sand trucks will turn south to reach US Highway 34. The Colorado Department of
Transportation is requiring improvements to the intersection of County Road 69 and US
Highway 34. A provisional access permit from CDOT is required prior to recording the USR
map. Improvements must be completed prior to operation.
Resolution USR25-0019
70 Ranch, LLC
Page 2
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-3-10. — Intent, of the Weld County Code 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 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 23-2-220.A.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 mile of the site: USR16-0023, 1MUSR18-15-0062, 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 within five hundred (500)feet of the site. The closest residence is 0.96 miles away and
owned by the applicant. There are thirteen (13) residences approximately 1.2 miles southwest
of the site located on Cottonwood Lane and Cottonwood Court just west of County Road 69, in
the Cottonwood Falls Amended PUD, located along the haul route. Only one other residence
is located along the haul route before it connects to US Highway 34, approximately 2.4 miles
from the site. No correspondence was received. One (1) phone call was received, asking for
case information only. No concerns were expressed.
The proposed use is in an area that can support this development and the Development
Standards, and the Conditions of Approval will assist in mitigating the impacts of the facility on
the adjacent properties and ensure compatibility with surrounding land uses and the region
Section 23-2-220.A.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 Area of
an incorporated municipality or a County.
E. Section 23-2-220.A.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 Program, County Facility Fee and Drainage Impact Fee
Programs.
Resolution USR25-0019
70 Ranch, LLC
Page 3
F. Section 23-2-220.A.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 indicates that 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 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
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 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 that
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.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
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. (Department of Planning
Services)
B. An Improvements and Road Maintenance Agreement is required for upfront 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:
a. US 34 southeastbound left turn deceleration lane onto northbound County
Road 69 (Full length of 800' + Storage + 300' taper). (Development Review)
b. US 34 southeastbound left turn acceleration lane onto northbound County
Road 69 (Full length of 1,300' + 300' taper). (Development Review)
2. Weld County Upfront Off-site Improvements:
a. County Road 50 southwestbound left turn deceleration lane per Chapter 4 of
the WCECC manual at the County Road 50/County Road 380 intersection
meeting the pavement design requirements of Chapter 9 of the WCECC
manual. (Development Review)
b. County Road 69 southbound left turn deceleration lane per Chapter 4 of the
WCECC manual at the County Road 69/US-34 intersection meeting the
pavement design requirements of Chapter 9 of the WCECC manual.
(Development Review)
Resolution USR25-0019
70 Ranch, LLC
Page 4
C. The applicant shall obtain a Colorado Department of Transportation access permit.
(Development Review)
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. (Development Review)
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 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. Show and label all recorded easements and rights-of-way shall be delineated on the map
by book and page number or reception number. (Department of Planning Services)
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 sixty (60) feet of right-of-way.
The applicant shall delineate and label on the USR map the existing rights-of-way (along
with their creating the documents)and the physical location of the roads. All setbacks shall
be measured from the edge of the rights-of-way. These roads are maintained by Weld
County. (Development Review)
5. Show the approved Colorado Department of Transportation (CDOT) access on the USR
map and label with the approved access permit number if applicable. (Development
Review)
6. Show and label the approved access location on County Road 69. (Development Review)
7. Show and label the drainage flow arrows. (Development Review)
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 one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
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 3-month period. (Department of
Planning Services)
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. (Development Review)
5. Prior to Operation:
A. Accepted construction drawings and construction of the offsite roadway improvements are
required prior to operation. (Development Review)
Resolution USR25-0019
70 Ranch, LLC
Page 5
C. The applicant shall submit written evidence that the Financial and Performance warranty has
been submitted and accepted by the Division of Mining Reclamation and Safety. (Department
of Planning Services)
D. The operator shall furnish evidence that they are insured to the extent of not less than one
hundred thousand dollars ($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.
(Department of Planning Services)
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.
(Department of Planning Services)
Motion seconded by Michael Palizzi.
VOTE:
For Passage Against Passage Absent
Butch White
Michael Wailes
Michael Palizzi
Virginia Guderjahn
Barney Hammond
Michael Biwer
Calven Goza
Hunter Rivera
Cole Ritchey
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings.
Certification of Copy
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on January 6, 2026.
Dated the 6'h of January, 2026
4 1(24ii. Jai i
Kristine Ranslem
Secretary
Resolution USR25-0019
70 Ranch, LLC
Page 6
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
70 Ranch LLC
USR25-001 9
1. Use by Special Review for Open Mining and Processing of Minerals (sand and gravel) in the A
(Agricultural) Zone District, subject to the Development Standards stated hereon. (Department of
Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Planning Services)
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. (Department of Planning Services)
5. The mine shall remain in compliance with the approved Division of Reclamation, Mining, and Safety
112c Permit number M-2025-015. (Department of Planning Services)
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. (Department of Planning
Services)
7. The number of employees shall be up to fourteen (14), as stated in the application materials.
(Department of Planning Services)
8. [Keep if BOCC approves 24/7 request] Operations will be conducted up to twenty-four (24) hours per
day, seven (7)days per week. (Department of Planning Services)
9. [Keep if BOCC denies 24/7 request] All permitted operations shall be conducted during the hours of
daylight, except in the case of a declared emergency disaster by the Board of County Commissioners.
When the permitted operations are occurring at night, they will only occur when material is requested
by cities, counties, or CDOT, for night projects. Operations will be considered "night operations" when
they take place between the hours of one (1) hour after sundown to one (1) hour before sunrise.
Depending on the request of the jurisdiction, night operations could occur seven (7) days per week.
When the applicant becomes aware of projects that require night operations, they will email the Weld
County Planning Director about the plans to operate outside of daylight hours, who the project is for,
how long it will be occurring, and where the materials are being delivered. (Department of Planning
Services)
10. The parking area for mine equipment. vendors and employees on the site shall be maintained.
(Department of Planning Services)
11. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County Code. (Department
of Planning Services)
12. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
13. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off-site tracking. (Development Review)
14. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Development Review)
Resolution USR25-0019
70 Ranch, LLC
Page 7
15. Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire
an approved Right-of-Way Use Permit prior to commencement. (Development Review)
16. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Development Review)
17. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit
and possible updates. (Development Review)
18. 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. (Development Review)
19. Weld County is not responsible for the maintenance of onsite drainage related features. (Development
Review)
20. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface
and groundwater contamination. (Department of Public Health and Environment)
21. 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, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
22. Waste materials shall be handled, stored, and disposed 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 1 of the Weld County Code. (Department of Public Health and
Environment)
23. 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. (Department of Public Health and Environment)
24. The operation shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain permits from the Air Pollution Control Division, Colorado Department of Public
Health, and Environment, as applicable. (Department of Public Health and Environment)
25. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S. The facility shall operate in accordance with the accepted pre-mining
noise assessment. (Department of Public Health and Environment)
26. The operation shall remove, handle, and stockpile overburden, sand, soil, and gravel from the facility
area in a manner that prevents nuisance conditions. (Department of Public Health and Environment)
27. 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, contain hand sanitizers, and be
screened from existing adjacent residential properties and public rights-of-way. (Department of Public
Health and Environment)
28. Any On-Site Wastewater Treatment System located on the property must comply with all provisions of
the Weld County Code, pertaining to On-Site Wastewater Treatment Systems. (Department of Public
Health and Environment)
Resolution USR25-0019
70 Ranch, LLC
Page 8
29. A Colorado Discharge Permit System (CDPS) from the Colorado Department of Public Health and
Environment (CDPH&E), Water Quality Control Division, shall be obtained as applicable. (Department
of Public Health and Environment)
30. 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. (Department of Public Health and Environment)The operation shall comply with the
Mine Safety and Health Act (MSHA). (Department of Public Health and Environment)
31. 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. (Department of Planning Services)
32. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
33. 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 has been adopted by Weld County: 2018 International Building
Codes, 2018 International Energy 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, shall be required or an Open Hole Inspection. A building permit must be issued prior to the
start of construction. (Department of Planning Services)
34. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County
Facility Fee, County-Wide Road Impact Fee, and Drainage Impact Fee Programs. (Department of
Planning Services)
35. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended.
(Department of Planning Services)
36. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
37. 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. (Department of
Planning Services)
38. 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. (Department of Planning Services)
39. 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. (Department of Planning Services)
Resolution USR25-0019
70 Ranch, LLC
Page 9
40. 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.
41. A 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.
42. 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.
EXHIBIT
Summary of the Weld County Planning Commission Meeting
Tuesday, January 6, 2026
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 0 Street, Greeley, Colorado. This meeting was called to order by Chair
Butch White, at 1:30 p.m.
Roll Call
Present: Barney Hammond, Butch White, Calven Goza, Cole Ritchey, Hunter Rivera, Michael Biwer,
Michael Palizzi, Michael Wailes, Virginia Guderjahn
Also Present: Angela Snyder, Department of Planning Services, Mike McRoberts, Development Review,
Karin McDougal, County Attorney, and Kris Ranslem, Secretary.
Case Number. USR25-0019
Applicant: 70 Ranch, LLC
Planner Angela Snyder
Request Use by Special Review Permit for Open Mining and Processing of Minerals(sand
and gravel), outside of subdivisions and historic townsites in the A(Agricultural)
Zone District.
Legal Description: All of Section 25, Township 5 North, Range 63 West of the 6th P.M.,Weld County,
Colorado.
Location: South of and adjacent to County Road 54 Section line; north of and adjacent to
vacated County Road 52; east of and adjacent to vacated County Road 71;
approximately one(1) mile east of County Road 69.
Angela Snyder, Planning Services, presented Case USR25-0019, reading the recommendation and
comments into the record. Ms. Snyder noted that no written correspondence or telephone calls were
received regarding this application. She added that the closest residence is approximately 1 mile away
from the site. The Department of Planning Services recommends approval of this application along with
conditions of approval and development standards.
Mike McRoberts, Development Review, reported on the existing traffic, access to the site and drainage
conditions for the site.
Commissioner Wailes asked to clarify the truck traffic for this proposed project. Mr. McRoberts replied that
there will be 520 semi-truck trips per day and clarified that these are trip ends and not round trips. Mr.
Wailes said that this is in addition to any other activities on the 70 Ranch and asked what the traffic count
is outside of this proposed project. Mr. McRoberts said that this portion of County Road 69 has 339 vehicles
per day so the 520 semi-truck trip ends and the 28 passenger vehicles per day are in addition to the 339
vehicles per day.
Kyle Regan, 8308 Colorado Boulevard, Firestone, Colorado, stated that there will be 11 outbound truck
trips per hour expected and improvements will be necessary at the County Road 69 and Highway 34
intersection. The operation will be 24 hours per day and mining will start in the northeast corner and
progress southwest. He added that the life of the mine will be approximately 10 years. The reclamation
plan will be 224 acres of water storage. The site will provide about 24 million tons of frac sand for oil and
gas development in Weld County.
Commissioner Hammond asked if there will be lighting on the site since it is a 24/7 hour operation. David
Bieber, Chief Technical Officer, APEX 70 Sand, 3618 Pikes Peak Road, Parker, Colorado, said that APEX
70 Sand will be the operator for the facility and added that they will be running three-phase power to the
site so it will be powered off of line power.
Commissioner Wailes asked if APEX will be the single operator or will multiple vendors be hauling material
away. Mr. Bieber said that multiple vendors will be accessing the site.
1
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR25-0019 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michale Wailes, Seconded by Michael Palizzi.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Butch White, Barney Hammond, Calven Goza, Cole Ritchey, Hunter Rivera, Michael Biwer, Michael
Palizzi, Michael Wailes, Virginia Guderjahn.
Meeting adjourned at 2:05 p.m.
Respectfully submitted,
Kristine Ranslem
Secretary
2
ATTENDANCE RECORD
10
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