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Case Number:
Applicant:
LAND USE APPLICATION
SUMMARY SHEET
Diana Aungst
USR24-0048
David and Kayleen Hunt
14460 County Road 40, Platteville, CO 80651
Representative: Civil Resources, c/o Kyle Regan
8308 Colorado Boulevard, Suite 200, Firestone, CO 80504
Request: Use by Special Review for Open Mining (topsoil) in the A (Agricultural) Zone District
Legal
Description:
Hearing Date: April 1, 2025
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, T4N, R66W of the 6th P.M.,
Weld County, Colorado West of the 6th P.M., Weld County, CO
Location: North of and adjacent to County Road 40 and west of and adjacent to County Road 29
Size of Parcel:
Mined Area:
+/- 295.75 acres Parcel No. 1057-29-1-00-002
+/- 277.00 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:
➢ Northern Colorado Conservancy, referral dated January 27, 2025
➢ Colorado Department of Transportation, referral dated January 8, 2025
➢ Farmer's Independent Ditch Company, referral dated January 28, 2025
➢ State of Colorado, Division of Water Resources, referral dated January 7, 2025
➢ Weld County Department of Public Health and Environment, referral dated January 21, 2025
➢ Weld County Department of Planning Services - Development Review, referral dated February 7, 2025
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Xcel Energy, referral dated January 30, 2025
➢ Town of Platteville, referral dated January 21, 2025
➢ Weld County Sheriff's Office, referral dated December 31, 2024
➢ Central Weld County Water District, referral dated January 21, 2025
➢ State of Colorado Parks and Wildlife, referral dated January 21, 2025
The Department of Planning Services' staff has not received responses from the following agencies:
➢ PDC Energy
➢ United Power
➢ Town of Gilcrest
➢ Town of Milliken
➢ Cureton Gilcrest, LLC
➢ Colorado Historical Society
➢ Weld County School District RE -1
➢ Platte Valley Conservation District
➢ Central Colorado Water Conservancy
➢ Platteville-Gilcrest Fire Protection District
➢ Colorado Division of Minerals and Geology
➢ Weld County Oil and Gas Energy Department
➢ Weld County Office of Emergency Management
USR24-0048 I Hunt
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Case Summary:
The applicants, David and Kayleen Hunt, are requesting a Use by Special Review for a dirt mine to be
known as Stear Dirt Mine (Mine). The site is located north of and adjacent to County Road 40 and is west
of and adjacent to County Road 29, adjacent to the corporate limits of the Town of Gilcrest. The mine permit
is being reviewed by the State of Colorado Division of Reclamation, Mining, and Safety (DRMS) under their
permit # M-2024-037.
The permit boundary is 295.75 acres and 277.00 acres of topsoil and overburden will be mined and the
material will be utilized in various reclamation and construction projects. Topsoil and overburden will be
stripped with bulldozers, loaders or excavators and stockpiled in the active mine phase. Groundwater will
not be exposed or dewatered. Typically, up to ten (10) acres will be disturbed during mining at any one
time.
There is approximately 1,413,000 tons of soil material. The mining operation is divided into two (2) cells.
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 between year two (2) and year fourteen (14) and reclaimed concurrently.
Topsoil and overburden will be stripped with off -road, "yellow -iron" vehicles including bulldozers, loaders
and/or excavators and stockpiled in the active Mine phase. Product stockpiles will be located in the stockpile
area, an area about four to ten (4 to 10) -acres in size. After mining is complete the reclaimed land will allow
for continued farming.
All material mined under this proposed application will be transported by excavator, loader or haul truck to
the stockpile area. The mined area will be reclaimed to four (4) -feet below existing grade and tie into existing
grade on the perimeter of the Mine. The reclamation includes maintaining a twenty (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.
Hours of operation. Monday through Saturday, 6:00 a.m. to 6:00 p.m. A crew of one to two (1 to 2) members
will perform mining, stockpiling and loading trucks. Shift work is not proposed.
There is currently no fencing or screening and none is proposed.
The Mine operation is estimated to generate up to four hundred (400) vehicle trips per day or two hundred
(200) outbound loaded trucks. Employees will park in the mine area.
Per the Assessor's records, there are four (4) single-family residences and one (1) multi -family residence
located on the property, all 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 County Road 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 that dust control will be provided by a water truck filled offsite at the
applicant's stockyard which has well permits: 0666, 0665, and 0664. The referral comments from the
Division of Water Resources, dated January 7, 2025 stated that 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. The applicant is required to provide an approved source of water for dust control. This is
a condition of approval.
Groundwater will not be exposed at the Site. No processing will occur at the site.
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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.
Section 22-2-60.8 states, "Support responsible energy and mineral development."
Stear Dirt Mine (Mine) is a proposed topsoil and overburden mine on 277.00 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 their
permit # M-2024-037.
There are two (2) proposed cells that are will be mined in over about fourteen (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 through fourteen (2 through 14) and reclaimed concurrently.
There is approximately 1,413,000 tons of soil material.
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."
The site is north of and adjacent to County Road 40 and is west of and adjacent to County Road
29. East of and adjacent to the Farmer's Independent ditch with the Town of Gilcrest corporate
limits on the east side of County Road 29. The ingress and egress for the aggregate processing
facility is located on County Road 40. The Mine operation is estimated to generate up to four
hundred (400) vehicle trips per day or two hundred (200) outbound loaded trucks. Employees will
park in the mine area.
Hours of operation. Monday through Saturday, 6:00 a.m. to 6:00 p.m. A crew of one to two (1 to 2)
members will perform mining, stockpiling and loading trucks. Shift work is not proposed.
The DRMS has approved the Mine for 277.00 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, about four to ten (4 to 10) -acres in size. Groundwater will not be exposed or
dewatered.
Product stockpiles will be located in the stockpile area, an area after mining is complete the
reclaimed land will allow for continued farming.
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 twenty (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 twenty (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 that the setback shall be ten (10)
or greater feet from property lines and at least one hundred twenty-five (125) 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 eighty-five (85) feet east of County Road 29, however, these
residences will be at least one hundred twenty-five (125) feet from the mining operations.
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There is currently no fencing or screening on the site. The properties south of County Road 40 do
not have any residences close to the shared boundary but the properties on the east side of County
Road 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 County Road 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 that dust control will be provided by a water truck filled offsite at the
applicant's stockyard which has well permits: 0666, 0665, and 0664. The referral comments from
the Division of Water Resources, dated January 7, 2025 state that, "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." The applicant is required to
provide an approved source of water for dust control. This is a condition of approval.
Groundwater will not be exposed at the Site. No processing will occur at the site.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
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.
Weld County Code, Chapter 23, Article III, Division 1, Section 23-3-10, 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."
Chapter 23, Article III, Division 1, 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 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 that there is a one hundred and fifty (150) -foot buffer from all active wells and that the
plugged and abandoned wells will be marked and will be given a thirty (30) -foot buffer. The Weld
County Oil and Gas Energy Department did not submit any 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 23-2-220.A.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 thirty-four (34) properties that are
within 500 feet of the subject property, owned by twenty (20) unique property owners. Eleven (11)
properties are located within the Town of Gilcrest. These eleven (11) Gilcrest properties include
two (2) businesses, five (5) residences and four (4) vacant properties. There are a total of eleven
(11) residences within 500 feet of the subject property and another four (4) just outside the 500 -
foot boundary, three (3) of these residential properties are owned by the applicant.
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There are thirteen (13) USRs within one mile of the site. USR13-0039 for automobile repair, USR-
839 for a commercial greenhouse, USR-1197 for a feed lot of 10,000 head, 1 MUSR21-18-0063 for
a home business for truck parking and an office, USR-1209 for a house moving and storage
business, USR13-0043, MUSR16-0002, and USR13-0042 for mineral resource development
facilities, USR-866 and USR14-0024 for oil and gas support facilities, USR21-0019 for a soil mine,
USR21-0004 for a solar facility, and USR15-0017 for a storage and sales of oilfield equipment.
The Weld County Department of Planning Services sent notice to the twenty (20) Surrounding
Property Owners. A couple of phone calls were received requesting additional information on this
USR.
The applicant has submitted a Reclamation Plan and a Communication Plan. The Conditions of
Approval require a Screening Plan and road improvements to HWY 85 and to HWY 60 to ensure
safety for the travelling public. 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.
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 site is located within the three (3) -mile referral areas of 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.
Eleven (11) of the adjacent properties are located in the Town of Gilcrest.
The site is located within the Coordinated Planning Agreement Area (CPA) 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 NOIs indicate
no interest in annexation.
The site is located outside of the Town of Platteville's and the Town of Milliken's Growth
Management Area. 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 that, "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." The
subject property is also located in the Tier 1 Growth Area the `Priority' Growth Area which is located
within one -quarter of a mile of the existing town services.
E. Section 23-2-220.A.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 MS4 - Municipal Separate Storm
Sewer System area.
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 - 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
Iocational decision for the proposed use.
The proposed site consists of four (4) acres of low slope (0-3`)/0) Bresser Sandy Loam soils and
USR24-0048 I Hunt
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279 acres of low slope (0-3`)/0) Julesburg Sandy Loam. The classification of all the soils is "Prime
Farmland 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 23-2-220.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 23-4-290, 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 open mining (sand, gravel, stone, and overburden) and processing of minerals.
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. An Improvements and Road Maintenance Agreement is required for 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 County Road
40 shall be extended to 525 feet plus a 300 -foot taper per the State Highway Access
Code (SHAC). (Development Review)
b. Construct a southbound left acceleration lane on Highway 60 meeting SHAC for traffic
turning left from County Road 40. (Development Review)
c. Extend the US 85 Northbound left deceleration lane turning onto westbound County
Road 40 by 525 feet plus a 180 -foot taper per SHAC requirements. (Development
Review)
d. Extend the existing northbound US 85 left turn acceleration lane to 760 -feet plus 180 -
foot taper with re -striping of lanes to accommodate truck turning. Provide an additional
4 feet of should width. (Development Review)
e. Extend the US 85 Southbound right deceleration lane turning onto westbound County
Road 40 to 500 feet plus a 180 -foot taper per SHAC. (Development Review)
2. Weld County Off -site Road Improvement Requirements:
a. Pave County Road 40 between Highway 60 and US 85 with Hot Mix Asphalt meeting the
pavement design requirements of Chapter 9 of the Weld County Engineering and
Construction Criteria (WCECC) manual. (Development Review)
b. Construct auxiliary left deceleration turn lanes on County Road 40 meeting the SHAC at
the County Road 40/Highway 60 intersection and the County Road 40/US 85
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intersection. (Development Review)
c. Construct an eastbound auxiliary left deceleration turn lane on County Road 40 meeting
the SHAC at the proposed access to the site. (Development Review)
d. Construct and pave the proposed County Road 40 access meeting the geometric
requirements for a commercial access per Table 8-3 of the WCECC and provide and
install an R1-1 stop sign along the southbound exiting approach. (Development Review)
B. The applicant shall address the requirements of the Colorado Department of Transportation, as
stated in their referral dated January 8, 2025. Written evidence of such shall be submitted to the
Weld County Department of Planning Services. (Department of Planning Services)
C. The applicant shall address the requirements of Public Service of Colorado (Xcel), as stated in their
referral dated January 3, 2025. Written evidence of such shall be submitted to the Weld County
Department of Planning Services. (Department of Planning Services)
D. The applicant shall address the requirements of the State of Colorado, Division of Water
Resources, as stated in their referral dated January 7, 2025. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning Services)
E. The applicant shall address the requirements of the Farmer's Independent Ditch Company, as
stated in their referral dated January 28, 2025. Written evidence of such shall be submitted to the
Weld County Department of Planning Services. (Department of Planning Services)
F. The applicant shall acknowledge the comments of the Northern Colorado Conservancy, as stated
in their referral dated January 27, 2025. Written evidence of such shall be submitted to the Weld
County Department of Planning Services. (Department of Planning Services)
G. 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.
(Department of Planning Services)
H. A Lighting Plan shall be submitted for nighttime operations, as applicable, to the Department of
Planning Services. (Department of Planning Services)
I. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR24-0048 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section 23-2-240.A.13 of
the Weld County Code addresses the issue of trash collection areas. (Department of Planning
Services)
5. The map shall delineate the landscaping and screening in accordance with the approved
Landscape and Screening Plan. (Department of Planning Services)
6. The map shall delineate the onsite lighting for night-time operations in accordance with the
approved Lighting Plan, if applicable. (Department of Planning Services)
7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 of
the Weld County Code. (Department of Planning Services)
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8. The map shall delineate the parking area for the mine vehicles, mine equipment, vendors, and
employees. (Department of Planning Services)
9. Show and label all recorded easements by book and page number or reception number and
date. (Department of Planning Services)
10. Show and label all recorded easements and rights -of -way by book and page number or
reception number and date. (Department of Planning Services)
11. 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 on the USR map the existing right-of-way (along with the documents
creating the existing right-of-way) and the physical location of the road. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by Weld County.
(Development Review)
12. 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. Show and label the right-of-way. Show
the approved access(es) on the USR map and label with the approved access permit number
if applicable. (Development Review)
13. 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 on the USR map the existing right-of-way (along with the
documents creating the existing right- of -way) and the physical location of the road. All setbacks
shall be measured from the edge of right- of -way. This road is maintained by Weld County.
(Development Review)
14. Show the approved Colorado Department of Transportation (CDOT) Highway 60 and US 85
accesses on the USR map and label with the approved access permit numbers. (Development
Review)
15. 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".
(Development Review)
16. Show and label the approved tracking control on the USR map. (Development Review)
17. 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 distance from the gate to the
edge of the traveled surface be less than 35 feet. (Development Review)
18. Label the temporary accesses located approximately 2,730 feet and 3,795 feet west of County
Road 29, "TO BE CLOSED AND RECLAIMED." (Development Review)
19. Show and label the drainage flow arrows. (Development Review)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy
(.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon
approval of the map the applicant shall submit a paper map along with all other documentation required
as Conditions of Approval. The paper map shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The map shall be prepared in accordance with the
requirements of Section 23-2-260.D of the Weld County Code. The Paper map and additional
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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, 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. (Department of Planning
Services)
4. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
(Development Review)
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. (Development Review)
5. Prior to Operation - Mining:
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. (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 Mining Reclamation and Safety. (Department of Planning
Services)
C. 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. 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. (Division of Water
Resources)
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.
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USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
David and Kayleen Hunt
USR24-0048
1. Use by Special Review, USR24-0048, for Open Mining (topsoil) 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 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)
4. The mine shall remain in compliance with the approved Division of Reclamation, Mining, and Safety
112c Permit number M-2024-037. (Department of Planning Services)
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 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)
6. The number of on -site employees shall be two (2), as stated in the application. (Department of Planning
Services)
7. The number of trucks accessing the site will be two hundred (200). (Department of Planning Services)
8. The parking area for mine equipment, vendors and employees on the site shall be maintained.
(Department of Planning Services)
9. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. (Department of
Planning Services)
10. Lighting shall be maintained in accordance with the approved Lighting Plan, as applicable. (Department
of Planning Services)
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. (Department of Planning
Services)
12. The property owner or operator shall maintain compliance with the accepted Communications Plan.
(Department of Planning Services)
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 NCU24-000 has been established for these structures. These structures are required to
maintain compliance with Chapter 23, Article VII of the Weld County Code. (Department of Planning
Services)
14. 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)
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15. 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)
16. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
17. 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)
18. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Development Review)
19. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit
and possible updates. (Development Review)
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. (Development Review)
21. Weld County is not responsible for the maintenance of onsite drainage related features. (Development
Review)
22. 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)
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, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
24. 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)
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.
(Department of Public Health and Environment)
26. The operation shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public
Health, and Environment, as applicable. (Department of Public Health and Environment)
27. 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 noise
analysis. (Department of Public Health and Environment)
28. 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)
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 serviced by a cleaner licensed in Weld County, contain hand sanitizers and be screened
from existing adjacent residential properties and public rights -of -way. (Department of Public Health and
Environment)
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30. If applicable, the operation shall obtain a stormwater or other discharge permits from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Department of Public
Health and Environment)
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. (Department of Public Health and Environment)
32. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Reclamation Mining and Safety. (Department of Public Health and Environment)
33. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public Health
and Environment)
34. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
35. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment)
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. (Department of Planning Services)
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 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 Building Inspection)
38. 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)
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. (Department of Planning Services)
40. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended.
(Department of Planning Services)
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. (Department of
Planning Services)
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. (Department of Planning Services)
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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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March 7, 2025
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: daungst@weld.gov
Phone: (970) 400-3524
Fax: (970) 304-6498
Kyle Regan
8308 Colorado Blvd
Firestone, CO 805046806
Subject: USR24-0028 - Use by Special Review for Open Mining (topsoil) in the A (Agricultural) Zone
District
On parcel(s) of land described as:
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.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on April 1, 2025 at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on April 23, 2025 at
10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O 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,
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Diana Aungst
Planner
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