HomeMy WebLinkAbout20251630.tiffResolution
Approve Use by Special Review Permit, USR25-0007, for Open Mining and
Processing of Minerals (sand and gravel mining) in the A (Agricultural) Zone
District — Jerry and Adam Marcovich, c/o Asphalt Specialties Co., Inc.
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 18th day of
June, 2025, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Jerry and Adam Marcovich, 4125 U.S. Highway 85, Fort Lupton,
Colorado 80621, c/o Asphalt Specialties Co., Inc., 345 West 62nd Avenue, Denver,
Colorado 80126, for Use by Special Review Permit, USR25-0007, for Open Mining and
Processing of Minerals (sand and gravel mining) in the A (Agricultural) Zone District, on
the following described real estate, being more particularly described as follows:
Part of the S1/2 of Section 7, Township 1 North, Range 66 West of the
6th P.M., Weld County, Colorado
Whereas, at said hearing, the applicant was represented by Asphalt Specialties
Company, Incorporated, 345 West 62nd Avenue, Denver, Colorado 80126, 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." Marcovich Mining Resource (Mine) is a sand and
gravel mine on approximately 44.3 acres. 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
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transportation construction costs and supply. According to the Weld
County Sand and Gravel Resources map, dated July 1, 1975, the
property is classified as stream -terrace deposits with fine
aggregates. The DRMS application, submitted with the Weld County
application, showed the area has been identified to contain the
desired materials (sand and gravel) and supports the orderly
development of mineral resources. Future development of these
lands would be precluded until the mineral resource has been
extracted.
2) Section 22-2-60.B.1 states: "Ensure that surface development
reasonably accommodates mineral extraction." The Mine will not
disturb any existing buildings. According to the Weld County Oil and
Gas Energy Department, there is one (1) plugged and abandoned oil
and gas well within the mining area. Outside of the mining area, the
property contains two (2) shut-in oil and gas wells in the southwest
corner and a residence with outbuildings in the southeast corner.
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 the existing Chavers Mining Resource
access from County Road (CR) 8, which is under the jurisdiction of
Fort Lupton and provides access via a traffic signal onto
U.S. Highway 85. The City of Fort Lupton, in their referral dated
September 11, 2024, has requested an updated Improvements
Agreement. The Colorado Department of Transportation (CDOT), in
their April 16, 2025, referral, requested the applicant apply for an
Access Permit from CR 8 to U.S. Highway 85. The access to the site
from CR 8 utilizes a 40 -foot -wide private easement, crossing
three (3) private properties. Three (3) crossing agreements, one (1)
for each property, were included with the application materials. The
agreement with Sakata Farms, LLC, was entered into on March 2,
2023; the agreement with Kent Ogilvie Living Trust was entered into
on March 10, 2023; and the agreement with Hunt Brothers
Properties, Inc., was entered into on September 10, 2024.
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
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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.
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 rural residential uses. The closest residence is located on
the site and is owned by John and Adam Marcovich. There is a residence
about one -quarter (1/4) mile north of the site, and two (2) other residences
within one -quarter (1/4) mile to the east of the site, east of U.S. Highway 85.
There are eight (8) USRs within one (1) mile of the site: USR-1307 is for an
accessory building, located northeast of the site; USR-1314 is for a knife
grinding shop, located southeast of the site; USR-998 is for electric power
lines 230 KV, located north of the site; USR-923 is for a church, located
northeast of the site; USR-1582 is for a water resource project, located
southwest of the site; and USR-1608, MUSR14-0020, and AMUSR-1259
are for mineral resource development facilities, located northwest of the
site. The Weld County Department of Planning Services sent notice to 13
surrounding property owners (SPOs) within 500 feet of the site and no
correspondence was received in return. The proposed use is in an area that
can support this development. The existing screening, 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 site is located within the three (3) mile referral area of
the Cities of Fort Lupton, Brighton and Dacono, but not located within the
Urban Growth Boundaries for the Cities of Brighton, or Dacono and
responses were not received from the Cities of Brighton or Dacono. The site
is located within the Coordinated Planning Agreement (CPA) area for the
City of Fort Lupton and within the City's Growth Management Area. As part
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of the pre -application process the municipality was sent a Notice of Inquiry
(NOI). The City of Fort Lupton submitted a NOI response, dated
September 11, 2024, which stated they are interested in annexation of the
site. Per the NOI, the property owner spoke with the City of Fort Lupton and
indicated no interested in annexation at this time and wants to proceed with
the County process. The City of Fort Lupton submitted referral agency
comments dated February 27, 2025, requesting "...the property owner and
applicant start working with the City of Fort Lupton on a pre -annexation
agreement and future trail corridor. Public Works requires an updated
improvements agreement." Fort Lupton controls CR 8, including the location
of the access to the site. The 2018 Fort Lupton Comprehensive Plan
includes a Future Land Use Map, which designates this site as Mineral
Zone. The Mineral Zone is defined as industrial and agricultural uses to
support resource extraction.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The site is located within the
100 -year floodplain/floodway of the South Platte River, as depicted on
FEMA Firm Panel 08123C -2104F, revised November 30, 2023. The
applicant has applied for a Floodplain Development Permit. The property is
not located within the Geologic Hazard Overlay District, A -P (Airport)
Overlay District, I-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.
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 site is not designated as "Prime Farmland". The Natural
Resources Conservation Services (NRCS) Soil Survey indicated the site
has low -slope (0-3%), consisting of .2% Alvan loam, .3°/0 water, 47.4%
Ellicott-Ellicot sandy -skeletal complex, and 52.1% Aquolls and Aquents,
gravelly substratum.
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure that
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County. This proposal
has been reviewed by the appropriate referral agencies and it has been
determined that the attached Conditions of Approval and Development
Standards ensure that there are adequate provisions for the protection of
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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 Jerry and Adam Marcovich, c/o Asphalt Specialties Co.,
Inc., for Use by Special Review Permit, USR25-0007, for Open Mining and Processing of
Minerals (sand and gravel mining) 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 City of Fort Lupton, as
stated in the referral response dated March 13, 2025. Written evidence of
such shall be submitted to the Weld County Department of Planning
Services.
1) The applicant shall update the existing Improvements Agreement
associated with the access to Fort Lupton -maintained CR 8.
B. 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 "USR25-0007."
2) The attached Development Standards.
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) The applicant shall show and label the floodplain and floodway (if
applicable) boundaries on the map. Label the floodplain boundaries
with the FEMA Flood Zone and FEMA Map Panel Number.
5) The applicant shall show the Colorado Department of Transportation
(CDOT) right-of-way for U.S. Highway 85 on the map along with the
documents creating the right-of-way.
6) This portion of County Road 8 is under the jurisdiction of the City of
Fort Lupton. Please contact the municipality to verify the
right-of-way. Show and label the right-of-way. Show the internal
roads across the parcels to the south to reach the proposed access
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onto CR 8. Show the approved access on the site plan and label with
the approved Access Permit number, if applicable.
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. 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.
5. 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 gravel mining
area.
B. Any construction in the floodplain requires a Floodplain Permit.
6. Prior to Operation:
A. If required, the applicant shall develop an Emergency Response Plan with
the Office of Emergency Management and the Fire District. The plan shall
be reviewed on an annual basis by the Facility operator, the Fire District and
the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services.
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B. The applicant shall submit written evidence that the Financial and
Performance warranty has been submitted 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.
Use by Special Review Permit
Development Standards
Jerry and Adam Marcovich,
c/o Asphalt Specialties Co., Inc.
USR25-0007
1. Use by Special Review, USR25-0007, is for Open Mining and Processing of
Minerals (sand and gravel mining) 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 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.
4. The mine shall remain in compliance with the approved Division of Reclamation,
Mining, and Safety 112c Permit, number M-2024-034.
5. Any future structures or uses onsite must obtain the appropriate Zoning and
Building Permits.
6. 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 Director of the Weld County Department of Planning Services about
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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.
7. The parking area for mine equipment, vendors and employees on the site shall be
maintained.
8. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County
Code.
9. Lighting shall be maintained in accordance with the approved Lighting Plan, as
applicable.
10. 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.
11. If required, the property owner or operator shall provide written evidence of an
approved Emergency Action and Safety Plan, on, or before March 15th of any
given year, signed by representatives for the Platteville Fire Protection District and
the Weld County Office of Emergency Management to the Department of Planning
Services.
12. 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.
13. The access to the site shall be maintained to mitigate any impacts to the public
road, including damages and/or off -site tracking.
14. The historical flow patterns and runoff amounts on the site will be maintained.
15. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal
in a manner that protects against surface and groundwater contamination.
16. No permanent disposal of wastes shall be permitted at this site. This is not meant
to include those wastes specifically excluded from the definition of a solid waste in
the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
17. Waste materials shall be handled, stored, and disposed of in a manner that
controls fugitive dust, fugitive particulate emissions, blowing debris, and other
potential nuisance conditions. The facility shall operate in accordance with
Chapter 14, Article I of the Weld County Code and the accepted Waste Handling
Plan, at all times.
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18. Fugitive dust should attempt to be confined on the property. Uses on the property
shall comply with the Colorado Air Quality Commission's Air Quality Regulations.
The facility shall be operated in accordance with the accepted Dust Abatement
Plan, at all times.
19. 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 of the Colorado Department of Public Health and Environment, as
applicable.
20. 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.
21. The operation shall remove, handle, and stockpile overburden, sand, soil, and
gravel from the facility area in a manner that prevents nuisance conditions.
22. 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, shall contain hand sanitizers, and be
screened from existing adjacent residential properties and public rights -of -way.
23. Any On -site Wastewater Treatment System (OWTS) located on the property must
comply with all provisions of the Weld County Code, pertaining to OWTS.
24. A Colorado Discharge Permit System (CDPS) from the Colorado Department of
Public Health and Environment, Water Quality Control Division, shall be obtained,
as applicable.
25. 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.
26. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation, Mining, and Safety.
27. The operation shall comply with the Mine Safety and Health Act (MSHA).
28. The facility shall notify the County of any revocation and/or suspension of any
State -issued permit.
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29. The operation shall comply with all applicable rules and regulations of state and
federal agencies and the Weld County Code.
30. A Flood Hazard Development Permit is required for all construction or
development occurring in the floodplain/floodway, as delineated on Federal
Emergency Management Agency (FEMA) FIRM Community Panel
Map #08123C -2104F, revised November 30, 2023, (South Platte River
Floodplain/F000dway). Any development shall comply with all applicable Weld
County requirements, Colorado Water Conservation Board requirements, as
described in Rules and Regulations for Regulatory Floodplains in Colorado, and
FEMA regulations and requirements, as described in 44 CFR parts 59, 60, and 65.
The FEMA definition of development is any man-made change to improved or
unimproved real estate, including, but not limited to, buildings or other structures,
mining, dredging, filling, grading, paving, excavation, drilling operations, or storage
of equipment and materials.
31. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the
start of any development activities, the owner should contact Weld County to
determine if the floodplain boundaries have been modified.
32. The property owner shall comply with all requirements provided in the issued Flood
Hazard Development Permit.
33. 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.
34. 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.
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35. 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.
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.
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.
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.
39. 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.
40. A Use by Special Review Permit 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.
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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 18th day of June, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Excused
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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