HomeMy WebLinkAbout20260115 Hearing Certification
Docket No. 2026-01
Board of County Commissioners
Weld County, Colorado
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
A public hearing was conducted on January 28, 2026, at 10:00 a.m., with the following
present:
Commissioner Scott K. James, Chair
Commissioner Jason S. Maxey, Pro-Tern
Commissioner Perry L. Buck
Commissioner Lynette Peppier •
Commissioner Kevin D. Ross
Also present:
Acting Clerk to the Board, Jess Reid
Deputy County Attorney, Karin McDougal
Department of Planning Services Representative, Angela Snyder
Development Review Representative, Mike McRoberts
The following business was transacted:
I hereby certify that pursuant to a Notice dated December 17, 2025, and duly published
December 19, 2025, in the Greeley Tribune, a public hearing was conducted to consider
the request 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. Karin McDougal, Deputy County Attorney,
made this a matter of record.
Angela Snyder, Department of Planning Services, presented a brief summary of the
proposal, stated the applicant had received their Division of Reclamation, Mining, and
Safety (DRMS) Permit to mine an estimated 24,000,000 tons of sand. She relayed they
will have 14 employees, the process will take no more than 26 years, and indicated the
applicant is requesting to operate 24 hours a day, 7 days a week. She provided the
general location of the site, noted access will be on private roads throughout 70 Ranch,
onto County Road (CR) 69, to U.S. Highway 34, and outlined the surrounding USRs,
zoning, and residences. Ms. Snyder stated she received one (1) phone call requesting
general information, but that person did not express concerns, entered the favorable
recommendation of the Planning Commission into the record, as written, and displayed
images of the surrounding views and haul route.
CC', pL(DE/MN/DAfpA/as/KR' 2026-0115
o2nq/26 PL2991
Hearing Certification (USR25-0019) — 70 Ranch, LLC
Page 2
Mike McRoberts, Department of Planning Services, Development Review, reiterated
access is on CR 69, provided the average daily trip counts, and the anticipated traffic
counts during mining. He stated Development Review is requesting a Road Maintenance
Agreement and relayed the site meets an exception for stormwater detention. There was
discussion among Commissioner Maxey and staff regarding upfront and triggered
improvements.
Kyle Regan, Civil Resources, represented the applicant, and in response to Chair James,
indicated they had not had contact with any of the Commissioners regarding this case.
He provided a PowerPoint presentation (Exhibit D), discussed site access, and provided
additional information to Commissioner Maxey regarding road improvements. He
mentioned the Operation Plan and Reclamation Plan, reiterated 24,000,000 tons of sand
will be produced for the local area, and confirmed for Commissioner Ross that the
post-reclamation plan is a water storage facility.
David Bieber, Apex 70 Sand, relayed his company will construct and operate the mine,
and stated he was available for questions.
Mr. McRoberts explained the proposed changes (Exhibit E) to Conditions of Approval
(COA) #1.B, #1.B.2.a, and a new #1.B.3.a, regarding the required improvements.
Commissioner Maxey suggested deleting Development Standard (DS) #9 (operating
during daylight hours), as the Board agreed to the request for 24/7 operations.
Responding to Commissioner Maxey regarding DS #17, Mr. McRoberts and
Dawn Anderson, Department of Planning Services, Development Review, confirmed the
language, "and possible updates" in DS #17 (review of Improvements and Road
Maintenance Agreement) is standard language. The Board agreed to all of the •
aforementioned changes.
In response to Chair James, Mr. Regan indicated he had, on behalf of the applicant,
reviewed, and agreed to abide by, the Conditions of Approval and Development
Standards, as amended.
No public testimony was offered regarding changes made to the Conditions of Approval
and Development Standards.
Commissioner Ross moved to approve the request 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,
based on the recommendations of Planning staff and the Planning Commission, with the
Conditions of Approval and Development Standards, as amended. The motion was
seconded by Commissioner Peppier, and it carried unanimously. There being no further
discussion, the hearing was completed at 10:25 a.m. (Clerk's Note: Teams recording start
timestamp 5:03)
2026-0115
PL2991
Hearing Certification (USR25-0019) — 70 Ranch, LLC
Page 3
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Hearing Certification, on motion duly made and seconded, by the following
vote on the 11th day of February, A.D., 2026:
Scott K. James, Chair: Aye dor �`
Jason S. Maxey, Pro-Tem: Aye •.
Perry L. Buck: Aye Ilat_ 44,' %
Lynette Peppier: Aye r �� 'j=
Kevin D. Ross: Aye ` '�'�, �!
Attest: *''!b RIO ►e®
Esther E. Gesick, Clerk to the Board
2026-0115
PL2991
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