HomeMy WebLinkAbout20260105 wEtaLAND USE APPLICATION
SUMMARY SHEET
COUNTY,CO
Planner: Angela Snyder Hearing Date: January 6, 2025
Case Number: USR25-0019
Owner: 70 Ranch LLC c/o Robert Lembke
8301 E Prentice Avenue, Suite 100, Greenwood Village, CO 80111
Representative: Civil Resources, LLC, c/o Kyle Regan
8308 Colorado Boulevard #200, Firestone, CO 80504
Request: Use by Special Review for Open Mining and Processing of Minerals (sand and gravel)
in the A(Agricultural)Zone District
Legal Section 25, TSN, R63W, of the 6th P.M., Weld County, Colorado
Description:
Location: North of and adjacent to State Highway 60 and approximately 0.75 miles west of State
Highway 257
Size of Parcel: ± 640 acres Parcel No. 0965-25-1-00-005
Mined Area: ± 622 acres
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Colorado Department of Transportation, referral dated October 16, 2025
➢ Weld County Oil and Gas Energy Department, referral dated October 15,2025
➢ Weld County Department of Planning Services— Development Review, referral dated December 16,
2025
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Weld County Sheriff's Office, referral dated October 14, 2025
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Leeward Energy
➢ Colorado Historical Society
➢ Colorado Geological Survey
➢ Colorado Parks and Wildlife
➢ Occidental Petroleum Corporation
➢ Platte Valley Fire Protection District
➢ West Greeley Conservation District
➢ Colorado Division of Mining and Reclamation
➢ Weld County Emergency Management Office
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Case Summary:
The applicant,70 Ranch LLC, is requesting a Use by Special Review Permit for open mining and processing
of minerals, referred to as Section 25 Sand Mine (Mine). The Division of Reclamation, Mining and Safety
issued an approval letter on August 12, 2025, for Permit No. M-2025-015 for the site.
The proposed site is located eight(8) miles east of the Town of Kersey,on the north side of the South Platte
River. The property is accessed via one (1) mile of private road connecting with County Road 69, which
crosses the river and connects with US Highway 34. The site currently contains an irrigation storage pond
on the eastern boundary of the section, but is otherwise vacant.The site is situated in an area characterized
by dryland ranching, oil and gas production, and other mineral interest resource development.
70 Ranch LLC is proposing to mine approximately 621.97 acres, or twenty-four (24) million tons, of sand
from the site to support nearby oil and gas energy development. The applicant estimates it will take twenty-
six(26)years to be fully mined, with 250,000 tons in the first year and one (1) million tons per year at peak
capacity. The applicant intends to operate twenty-four (24) hours per day, seven (7) days per week with a
crew of fourteen (14) operators depending on market conditions.
According to Section 23-4-290.B, "All sand and gravel operations shall be conducted during the hours of
daylight except in the case of public or private emergency, or to make necessary repairs to equipment.This
restriction shall not apply to operation of administrative and executive OFFICES or repair facilities located
on the property. Upon request, the Board of County Commissioners may authorize additional hours of
operation for sand and gravel operations when the Board deems appropriate." Due to the remote location,
the applicant is requesting approval of twenty-four hour operations for the duration of the mine.
The operation will be dry mined with a slurry wall. Improvements include a scale and an aggregate batch
plant. Proposed permanent improvements include one slurry wall for post-mining water storage, and
associated infrastructure to distribute water to and from water storage facilities. Most improvements will be
present for the life of the mine, including reclamation.
The proposed use of the reclaimed land will be developed water storage, rangeland, and wildlife habitat.
Disturbed areas not used as water storage will have a minimum of six (6)-inches of topsoil and will be
revegetated with the approved seed mix.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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. It is the opinion of the Department of Planning Services' staff 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 22-2-60.13 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
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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.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 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.
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.
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D. 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.
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 Department of Planning Services' staff 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
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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)
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.
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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)
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)
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USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
70 Ranch LLC
USR25-0019
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)
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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)
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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 secure, 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)
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40. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced
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.
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DEPARTMENT OF PLANNING
SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
COUNTY, CO Email: asnyder@weldgov.com
Phone: (970) 400-3557
December 12, 2025 Fax: (970) 304-6498
Kyle Regan
8308 Colorado Blvd
Firestone, CO 80504
Subject: USR25-0019 - Use by Special Review for Open Mining and Processing of Minerals (sand
and gravel) outside subdivisions and historic townsites in the A(Agricultural)Zone District
On parcel(s) of land described as:
All of Section 25, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on January 6, 2026 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on January 28, 2026
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 0 Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance
to answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at https://aca-
prod.accela.com/WELD/
Respectfully,
„Age/4J-
Angela Snyder
Planner
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