HomeMy WebLinkAbout20251037.tiffResolution
Approve Use by Special Review Permit, USR24-0028, for Open Mining (topsoil) in
the A (Agricultural) Zone District — David and Kayleen Hunt
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 23rd day of
April, 2025, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of David and Kayleen Hunt, 14460 County Road 40, Platteville,
Colorado 80651, for Use by Special Review Permit, USR24-0028, for Open Mining
(topsoil) in the A (Agricultural) Zone District, on the following described real estate, being
more particularly described as follows:
Part of the NE1/4; and part of the S1/2, lying east and south of the
right-of-way of the Farmers Independent Ditch, both located in Section 29,
Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado
Whereas, at said hearing, the Board heard all of the testimony and statements of those
present and reviewed the request of the applicant for a continuance and, having been
fully informed, deemed it advisable to continue the matter to May 7, 2025, at 10:00 a.m.,
to allow adequate time for additional discussion between the applicant and the Colorado
Department of Transportation (CDOT), and
Whereas, on May 7, 2025, the applicant was present, and represented by Civil
Resources, LLC, 8308 Colorado Boulevard, Suite 200, Firestone, Colorado 80504, and
Whereas, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
Whereas, the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission, and all of the exhibits and evidence presented in this
matter, and having been fully informed, finds that this request shall be approved for the
following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinance in effect.
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1
Section 22-2-60.B states: "Support responsible energy and mineral
development." The Hunt Dirt Mine #2 (Mine) is a proposed topsoil
and overburden mine on 277 acres. The mined material will be
utilized in various reclamation and construction projects. The
mine permit is being reviewed by the State of Colorado, Division of
Reclamation, Mining, and Safety (DRMS), under permit
#M-2024-037. There are two (2) proposed cells that will be mined
over approximately 14 years. The North Cell will be mined in year
one (1) and reclaimed concurrent with the mining of the South Cell.
The South Cell will be mined in years two (2) through 14 and
reclaimed concurrently. There is approximately 1,413,000 tons of soil
material.
2) Section 22-2-60.B.2 states: "Ensure that infrastructure, such as
adequate roads and utilities, exist or can be made available prior to
development of energy and mineral resource production facilities."
The site is north of and adjacent to County Road (CR) 40 and is west
of and adjacent to CR 29?•It is east of and adjacent to the Farmer's
Independent Ditch within the Town of Gilcrest's corporate limits on
the east side of CR 29. The ingress and egress for the aggregate
processing facility is located on CR 40. The Mine operation is
estimated to generate up to 400 vehicle trips, per day, or 200
outbound loaded trucks. Employees will park in the mine area and
the proposed hours of operation are Monday through Saturday,
6:00 a.m. to 6:00 p.m. A crew of one (1) to two (2) members will
perform mining, stockpiling and loading trucks. Shift work is not
proposed. The DRMS has approved the Mine for 277 acres.
Bulldozers, loaders, and/or excavators "yellow- iron" vehicles will be
utilized to strip the topsoil and overburden, which will be stockpiled
in the active mine phase, approximately four (4) to ten (10) acres in
size. Groundwater will not be exposed or dewatered. Product
stockpiles will be located in the stockpile area, an area, which after
mining is complete, will allow for continued farming.
3) Section 22-2-60.B.3 states: "Require that energy and mineral
resource development conserve the land and minimize the impact
on surrounding land and the existing surrounding land uses." The
reclamation includes maintaining a 20 -foot buffer around the
perimeter and reclaiming the excavation. All excavation will be
amended and planted with crops or dryland native grasses. Historic
drainage patterns will be maintained. The mining operation will be a
minimum of 20 feet from the edge of the right-of-way with a maximum
mine depth of four (4) feet. Section 23-4-290.A states the setback
shall be ten (10) or greater feet from property lines and at least 125
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feet to any existing residence, unless the owners of the adjacent
property consents, in writing, to a lesser distance. There are two (2)
residences approximately 85 feet east of CR 29; however, these
residences will be at least 125 feet from the mining operations. There
is currently no fencing or screening on the site. The properties south
of CR 40 do not have any residences close to the shared boundary
but the properties on the east side of CR 29, in the Town of Gilcrest,
consist of five (5) residences and two (2) businesses. There are
four (4) single-family residences located on the property, which were
all built prior to 1930. These residences will remain on the site and
no new structures are proposed with this USR. The ingress and
egress for the aggregate processing facility is located on CR 40.
Proposed permanent improvements include a site entrance road. No
other improvements or structures are anticipated, including no scale
or scale house. The application materials state dust control will be
provided by a water truck filled offsite at the applicant's stockyard,
which has well permits under numbers: 0666, 0665, and 0664. The
referral comments from the Division of Water Resources, dated
January 7, 2025, state, "Well permit nos. 664 -R -R, 665 -R -R, and
666-R may not be used to supply water for dust control on the
proposed project as currently permitted. In addition, although well
permit no. 76242-F was permitted for industrial uses, our records
show that this well is not currently included in an augmentation plan,
therefore, the well cannot be operated for the proposed dust control
at the site until such time as an augmentation plan for industrial uses
is approved by the water court for the well." As a Condition of
Approval, the applicant is required to provide an approved source of
water for dust control. Groundwater will not be exposed at the site
and no processing will occur at the site.
B. Section 23-2-230.B.2 —The use is consistent with the intent of the district in
which the site is located. The site's property parcels are zoned
A (Agricultural). The proposed project is a listed as a dirt mine, permitted
in the A (Agricultural) Zone District, as detailed in this Use by Special
Review Permit application, and in the Weld County Code.
1) Section 23-3-10, intent, states, in part: "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."
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2) Section 23-3-40.R — Allows for Open Mining (sand, gravel, stone)
and Processing of Minerals, subject to the additional requirements of
Article IV, Division 4, of the Weld County Code, through a Use by
Special Review Permit outside of subdivisions and historic townsites.
There are several shut-in and plugged and abandoned oil and gas
wells on the site. The applicant has stated there is a 150 -foot buffer
from all active wells and that the plugged and abandoned wells will
be marked and will be given a 30 -foot buffer. The Weld County Oil
and Gas Energy Department did not submit referral comments
concerning this USR. Portable toilets and bottled water will be
available for the two (2) employees and any customers, vendors, and
visitors.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding parcels in
unincorporated Weld County are zoned A (Agricultural) with some of the
parcels on the east side of the site located in the Town of Gilcrest, zoned
AG (Agricultural) and I-1 (Light Industry), per the Town's zoning map. The
surrounding land uses include pastures, crops, rural residences, and oil and
gas facilities. There are a total of 34 properties that are within 500 feet of
the subject property, owned by 20 unique property owners, 11 of which are
located within the Town of Gilcrest. These 11 Gilcrest properties include
two (2) businesses, five (5) residences and four (4) vacant properties. There
are a total of 11 residences within 500 feet of the subject property, another
four (4) just outside the 500 -foot boundary, and three (3) of the residential
properties are owned by the applicant. There are 13 USRs within one (1)
mile of the site. USR13-0039 is for automobile repair, USR-839 is for a
commercial greenhouse, USR-1197 is for a feedlot of 10,000 -head,
1 MUSR21-18-0063 is for a home business for truck parking and an office,
USR-1209 is for a house moving and storage business, USR13-0043,
MUSR16-0002, and USR13-0042 are for mineral resource development
facilities, USR-866 and USR14-0024 are for oil and gas support facilities,
USR21-0019 is for a soil mine, USR21-0004 is for a solar facility, and
USR15-0017 is for a storage and sales of oilfield equipment. The
Department of Planning Services sent notice to the 20 surrounding property
owners (SPOs) and received a couple of phone calls requesting additional
information on the USR. The applicant has submitted a Reclamation Plan
and a Communication Plan. The Conditions of Approval require a Screening
Plan and road improvements to U.S Highway 85 and to State Highway 60,
to ensure safety for the travelling public. The proposed use is in an area
that can support this development, and the Conditions of Approval and
Development Standards will assist in mitigating the impacts of the facility on
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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 Towns of Gilcrest, Milliken and Platteville. The Town of Platteville
submitted referral agency comments dated January 21, 2025, stating no
concerns, the Towns of Gilcrest and Milliken did not submit referral agency
comments, and 11 of the adjacent properties are located in the Town of
Gilcrest. The site is located within the Coordinated Planning Agreement
(CPA) area for the Towns of Gilcrest, Milliken, and Platteville. As part of the
pre -application process the municipalities were sent a Notice of Inquiry
(NOI) form. The Towns of Gilcrest, Milliken, and Platteville submitted NOIs
dated November 19, 2024, December 17, 2024, and December 16, 2024,
respectively, all of which indicate no interest in annexation. The site is
located outside of the Town of Platteville and Milliken's Growth
Management Area; however, the site is located within the Town of Gilcrest's
Growth Management area. The land use designation shown on Gilcrest's
future land use map is "Low Density Residential." The Gilcrest
Comprehensive Plan states, "Low Density Residential Provides a setting for
traditional single-family residential on a variety of lot sizes, generally from
6,250 square -feet to over 10,000 square -feet, with an overall density of
three (3) units, per acre. The Low Density zoning district is defined in the
R-1 (Low Density Residential) zoning district of the Gilcrest Zoning Code."
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 not located within
the A -P (Airport) Overlay District, Special Flood Hazard Area, Historic
Townsite Overlay Districts, Geologic Hazard Overlay District, or Municipal
Separate Storm Sewer System (MS4) area. 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 — If the use is proposed to be located in the
A (Agricultural) Zone District, the applicant has demonstrated a diligent
effort has been made to conserve Prime Farmland in the locational decision
for the proposed use. The proposed site consists of four (4) acres of low
slope (0-3%) Bresser Sandy Loam soils and 279 acres of low slope (0-3%)
Julesburg Sandy Loam. The classification of all the soils is "Prime Farmland
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if Irrigated and the product of I (soil erodibility) x C (climate factor) does not
exceed 60." No Prime Farmland will be removed from production.
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, and 23-4-290, Weld
County Code), Conditions of Approval and Development Standards can
ensure there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County. This
proposal has been reviewed by the appropriate referral agencies and it has
been determined that the attached Conditions of Approval and
Development Standards ensure there are adequate provisions for the
protection of the health, safety and welfare of the inhabitants of the
neighborhood and county and will address and mitigate impacts on the
surrounding area with the operation of Open Mining (topsoil).
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the application of David and Kayleen Hunt, for Use by Special Review
Permit, USR24-0028, for Open Mining (topsoil) 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. An Improvements and Road Maintenance Agreement is required for
triggered off -site improvements and up -front off -site improvements at this
location. 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 up -front off -site
improvements include:
1. CDOT off -site road improvement requirements:
a. Southbound Highway 60 existing, left turn, deceleration lane,
onto eastbound CR 40 shall be extended to 525 feet, plus a
300 -foot taper, per the State Highway Access Code (SHAC).
b. Extend the U.S. Highway 85 northbound, left, deceleration
lane, turning onto westbound CR 40 by 525 feet, plus a
180 -foot taper, per SHAC requirements.
c. Extend the existing, northbound, U.S. Highway 85 left turn,
acceleration lane to 760 feet, plus a 180 -foot taper with
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re -striping of lanes to accommodate truck turning. Provide an
additional four (4) feet of shoulder width.
d. Extend the U.S. Highway 85 southbound, right, deceleration
lane, turning onto westbound CR 40, to 500 feet, plus a
180 -foot taper, per SHAC requirements.
2. Weld County off -site road improvement requirements:
a. Pave County Road 40 with Hot Mix Asphalt, meeting the
pavement design requirements of Chapter 9 of the WCECC
manual, from State Highway 60, east, for 600 linear feet.
b. Pave County Road 40 with Hot Mix Asphalt, meeting the
pavement design requirements of Chapter 9 of the WCECC
manual, from U.S. Highway 85, west, for 1,000 linear feet,
including an 800 -foot, eastbound, right turn, deceleration lane
at the County Road 40 / U.S. Highway 85 intersection. The
auxiliary turn lane shall meet the WCECC, Chapter 4, auxiliary
turn lane design requirements, with 200 feet of storage.
c. Install 2" of recycled asphalt pavement (RAP) with Base
Bind X over the portions of County Road 40 not required to be
paved as an up -front off -site improvement.
3. Weld County triggered off -site road improvements:
a. Construct an eastbound Hot Mix Asphalt, left turn,
deceleration lane, per Chapter 4 of the WCECC manual at the
County Road 40 / site access intersection, if determined by
Weld County such an improvement would be beneficial to the
safety and operation of County Road 40. Widening of County
Road 40 within the limits of the turn lane will be required with
the construction of the turn lane.
B. The applicant shall attempt to address the requirements of the Colorado
Department of Transportation (CDOT), as stated in the referral dated
January 8, 2025. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
C. The applicant shall attempt to address the requirements of Public Service
of Colorado (Xcel), as stated in the referral dated January 3, 2025. Written
evidence of such shall be submitted to the Weld County Department of
Planning Services.
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D. The applicant shall attempt to address the requirements of the State of
Colorado, Division of Water Resources, as stated in the referral dated
January 7, 2025. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
E. The applicant shall attempt to address the requirements of the Farmer's
Independent Ditch Company, as stated in the referral dated January 28,
2025. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
F. The applicant shall submit a Landscape and Screening Plan, for approval
by the Department of Planning Services, that screens the site from the
surrounding property owners and rights -of -way.
G. A Lighting Plan shall be submitted for nighttime operations, as applicable,
to the Department of Planning Services.
H. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR24-0028.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas on the map.
Section 23-2-240.A.13 of the Weld County Code addresses the issue
of trash collection areas.
5) The map shall delineate the landscaping and screening, in
accordance with the approved Landscape and Screening Plan.
6) The map shall delineate the on -site lighting for night-time operations,
in accordance with the approved Lighting Plan, if applicable.
7) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 of the Weld County Code.
8) The map shall delineate the parking area for the mine vehicles, mine
equipment, vendors, and employees.
9) The applicant shall show and label all recorded easements and
rights -of -way by book and page number or Reception number and
date.
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10) The portion of County Road 29, south of the County Road 29/County
Road 40 intersection, and the portion located approximately 3,720
feet north of the County Road 29 / County Road 40 intersection to
County Road 42, are designated on the Weld County Functional
Classification Map as a local road, which requires 60 feet of
right-of-way at full buildout. The applicant shall delineate and label
the existing right-of-way (along with the documents creating the
existing right-of-way) and the physical location of the road on the
USR map. All setbacks shall be measured from the edge of the
right-of-way. This road is maintained by Weld County.
11) The portion of County Road 29, starting at the County Road 29 /
County Road 40 intersection and going north for approximately 3,720
feet, is under the jurisdiction of the Town of Gilcrest. Please contact
the municipality to verify the right-of-way. The applicant shall show
and label the right-of-way, as well as show the approved access(es)
on the USR map and label with the approved Access Permit number,
if applicable.
12) County Road 40 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which requires
60 feet of right-of-way at full buildout. The applicant shall delineate
and label the existing right-of-way (along with the documents
creating the existing right- of -way) and the physical location of the
road on the USR map. All setbacks shall be measured from the edge
of the right-of-way. This road is maintained by Weld County.
13) The applicant shall show the approved Colorado Department of
Transportation (CDOT) State Highway 60 and U.S. Highway 85
accesses on the USR map and label with the approved Access
Permit numbers.
14) The applicant shall show label and dimension the proposed access
meeting the geometric requirements of Table 8-3 of the WCECC
manual. Label the access as, "PROPOSED COMMERCIAL
ACCESS."
15) The applicant shall show and label the approved tracking control on
the USR map.
16) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event, shall the
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distance from the gate to the edge of the traveled surface be less
than 35 feet..
17) The applicant shall label the temporary accesses located
approximately 2,730 feet, and 3,795 feet, west of County Road 29,
"TO BE CLOSED AND RECLAIMED."
18) 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, Weld County Code Ordinance, should the map
not be recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 continuance fee shall be added for each
additional three (3) month period.
4. Prior to Construction:
A. The approved access and tracking control shall be constructed.
B. If more than one (1) acre is to be disturbed for construction outside of the
mining area, a Weld County Grading Permit will be required.
5. Prior to Operation - Mining:
A. If required, the applicant shall develop an Emergency Response Plan with
the Weld County 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.
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.
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C. The operator shall furnish evidence that they are insured to the extent of not
less than $100,000.00 against liability for any negligent act or omission by
the operator from the operation or maintenance of the sand and gravel pit
and the extraction and production of sand and gravel and all activities
connected with or incidental thereto.
6. Prior to exposing groundwater - Mining:
A. In the event that groundwater is exposed at the site the applicant shall
obtain a Well Permit and a Substitute Water Supply Plan (SWSP) or
Decreed Plan for augmentation.
7. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. Activity shall not occur, nor shall any Building
or Electrical Permits be issued on the property, until the Use by Special Review
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
Use by Special Review Permit
Development Standards
David and Kayleen Hunt
USR24-0028
1 Use by Special Review Permit, USR24-0028, is for Open Mining (topsoil) 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-2024-037.
5. 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
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will email the Director of the Department of Planning Services 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.
6. The number of on -site employees shall be two (2), as stated in the application.
7. The number of trucks accessing the site will be 200.
8. The parking area for mine equipment, vendors and employees on the site shall be
maintained
9. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
10. Lighting shall be maintained in accordance with the approved Lighting Plan, as
applicable.
11. 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.
12. The property owner or operator shall maintain compliance with the accepted
Communications Plan.
13. Three (3) of the single-family dwelling and the multi -family dwelling are considered
to be nonconforming structures, as the A (Agricultural) Zone District allows only
two (2) single-family dwellings as a Use by Right. Case #NCU24-0007 has been
established for these structures. These structures are required to maintain
compliance with Chapter 23, Article VII of the Weld County Code.
14. 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.
15. The access to the site shall be maintained to mitigate any impacts to the public
road, including damages and/or off -site tracking.
16. There shall be no parking or staging of vehicles on public roads. On -site parking
shall be utilized.
17. Any work that may occupy and/or encroach upon any County rights -of -way or
easement shall require an approved Right -of -Way Use Permit, prior to
commencement.
18. The property owner shall comply with all requirements provided in the executed
Improvements Agreement.
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19. The Improvements Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates.
20. 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.
21. Weld County is not responsible for the maintenance of on -site drainage related
features.
22. 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.
23. 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.
24. 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.
25. 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
and the accepted Dust Abatement Plan.
26. The operator shall submit an Air Pollution Emission Notice (APEN) and Emissions
Permit Application and obtain a permit from the Air Pollution Control Division of the
Colorado Department of Public Health and Environment, as applicable.
27. 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 Noise Analysis.
28. The operator shall remove, handle, and stockpile overburden, sand, soil, and
gravel from the facility area in a manner that prevents nuisance conditions.
29. Portable toilets and bottled water are acceptable to provide drinking and sanitary
services to the site. 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
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serviced by a cleaner licensed in Weld County, contain hand sanitizers and be
screened from existing adjacent residential properties and public rights -of -way.
30. If applicable, the operator shall obtain a stormwater or other discharge permits
from the Colorado Department of Public Health and Environment, Water Quality
Control Division.
31. 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.
32. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation, Mining, and Safety.
33. The operation shall comply with the Mine Safety and Health Act (MSHA).
34. The operator shall notify the County of any revocation and/or suspension of any
State -issued permit.
35. The operation shall comply with all applicable rules and regulations of state and
federal agencies and the Weld County Code.
36. 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.
37. 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.
38. 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.
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39. The property owner or operator shall be responsible for complying with the Design
and Operation Standards of Chapter 23 of the Weld County Code.
40. All buildings shall comply with the setback from oil and gas wells, per
Section 23-4-700, as amended.
41. 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.
42. 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.
43. 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.
44. This 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.
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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 7th day of May, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: 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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