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Home My WebLink About20250791.tiffExhibit Inventory Control Sheet CAW Equities, LLC, c/o Ready Mixed Concrete, LLC USR24-0026 Exhibit Submitted By A Planning Commission Planning Commission Department of Planning Services Applicant Public Works i Applicant Department of Planning Services Debbie Patridge - Surrounding Property Owner Description Resolution of Recommendation Summary of Hearing (Minutes dated 3/4/2025) PowerPoint Presentation Request for continuance (received 3/24/2025) Updated PW referral and revised Resolution (received 3/27/2025) PowerPoint Presentation (received 4/22/2025) Memo regarding proposed changes to the Resolution (received 4/22/2025) PowerPoint Presentation (received 4/23/2025) 2025-0791 WELD COUNTY, CO USR24 0026 Applicant: CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Planner: Maxwell Nader Request: Use by Special Review Permit for Open Mining and Processing of Minerals (aggregate mining and batch plant) in the A (Agricultural) Zone District. Legal Description: Lot B Recorded Exemption RE -3000 being part of the SE1/4; part of the SW1/4 and the N1/2 all of Section 20, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to County Road 42; east of and adjacent to State Highway 60. ■I s WELD COUNTY, CO — I Iiii;; �.� _ -_- _. y r.w•YM• ulaaarinilNlatral ttwsr WV vs .s•...o sa • a PS IMbmE C W`CNIIPO etic po ton), inid iM he W inka5 C0JIIA.P.11•19GrRn Sarin M1) eaGn1 M CI%INy C,Nemgy7, erM ruy.,� hm tin neld of WELD COUNTY ADMINISTRATION BUILDING 1150 "0" Streot • Groolefy, CO 80831 Penny Cammtiitai Warn) no',mon eana aft .w C9nr*.ilsttnar xllVrq ..lu a.,w.n Use by3potlolRevlewPormn— for AIMining and ProreKsing of Mlnorr!'. (Aggregate honing and Botch Plane u. _ the .A(Agricultural' 7nnc Ohtm t One it-snier_OL[y1r^tejats Raw � re1A FUN 514114 Yr � trAC7 _". r �7 Llr r>tiitLA7N711 PrFAyF. GOrliAC7 nr rfl[ yALDCpdNh-I IEJWtTURRre PlA•N iga SfRia;1 & AT Il`a1110,52y 1111 _�� 0211110 •. ], t . 112025 z i N bDI. .lo1P� I1 r + 1R� -�•;4; ,••1rN rl .I- -M1��„t�1 Ji�.� 1Sr1: •iii i, 5th t r-) ,»s -7rf• • 1 T ••-• , t, J t' . 1. u• rlrrtiN< ll•• t 5‘••r',•i {S • 'y. ,1 r• „WIP .ten •{�7 : F'�ptic hearings concerning lhi5 popery will be heard before the County Planntng Commission and Board al County Carimissionere 84th 111Yt1I1C5 will tie held al' WELD COUNTY ADMINISTRATION BUILDING 1150 "O" Street • Greeley, CO 80631 Punning Commission Heating will De held on Boar! of County Comm -Liss -ore' Heanna be held on MO* Zt(.4`' 2C Ts at fOtOot.«„ PI'111r•t Use by Special Review Permit for Open Mining and Processing cf Minerals (Aggregate Mining and Batch Plant) in the A (Agricultural) Zone District. Casa Numtxtt 1.1,Se 44 -00Up ACKIS-'Fr WM Fr>Ft ELFITNER. INFORMATION PLEASE CONTACT r t AT THE WELD CalNTY DEPARTMENT OF En /2 s /i•' •l �- — • -J -- Punac hotlines contotrnne nus �oeny will des heard Waco the County Elamtiing Coittemmton and Sotto n1 Coady Commisotonent Born twenties will no hold rs WELD COUNTY ADMINISTRATION BUILDING 1150 "O" Street • Greeley, CO 80631 Punning Ccrmntsoon Fwaling will no !gild cr 3D MA ' ti _202t at Belied of County Conmcss,n�r Hoorn, wttt Do nein on Jn 1444" 2h.1'^ is :ft /49.a• • •`e pJiilu . Reearst_.� - - LItt a by Special Review Permit lei Cap I' - Mining and Prete98ing et Minerals (Aggregate Mlntng and Widen Plant) ,n - the A(Agiicon that) Zone District. ue" Member .USA -VI .4C0-6 hen _V La_ FriRc.uiRI, HER MFORMM%Ohl PLEASE CONTACT 144 Ai lliE WeLI) OCMITY OEPARIMERF OF RtMININt SERVICES. WT970-e10- IS27 _ 9 i _ft ,.axemeei i 21125 _ .—� - • irk-yr-��s ^t,,. �-11 ;alit ►� �+s 4,-713•F�-SIC•-'j'. �- o �-► �, .'b-�S---`i'1r� -•ai.- G=i'i'i" � . �'�.. -.c t�` .w.� -��.+T ''.y. _. '.h �+ L �� w dam' . •+s r':�d_r _ fly' It 'f"'�'N. s�•F-l.-"y�'':• •?� �� -..fir+ - e.+. .y. -r�1 •��ac+..� J2 ,[f- - s . ds , -� �'7l.►�� •Tx• =--mar-r.:�'� 'y3'�.- _ '►�"�c.�'� _•-�-. G-_- • r awe• �-sirl �^ �• �: -1/Coreswa -ay--. r P a • awn r ..3a r -t - f e11Aototonly D,5 itedal �1 Dri � � ! . Cate& ��n� uyyyina Boen%gt County Gann Bout hosanna; wai uc beta a WELD COUNTY ADMINISTRATION I3Utt-DING 1150 "O^ Street • Greoeley, CO 80631 Mora® ® CuttunlJwNJ^ meeting "Ali no Ivan MI Boarder Gauftty ranfntiniasinrllt HBantia vllll LY' I.clt or` ba• 4 Ar,litro Rafe Use Dv Spec tat Review Permit toi Open Mining and PrOceSsirlg ut Minerals igagrogarn Mining and Batch Plant) to — the A (ASrietiet matt Zone ©islrict. __A- ' ▪ seat. IC�-"� -AP � tom. C - ;; 1;;Call:� -4624 �_GP9-- Gaut t:vrrttK` �'-----�_. THce NFORIMI ION PLIS• SE Cr}Mffirl FOR ru AT ralArg�aCO en t��;tlaeEsaT At ilarl 75•554 , t>ttAItl,ImJG SFst•tiC� ara .--tinillitieat la II I h a :Cart cC - - ` .. a r- _ 1 ' "IMO i snit. tar% Thtea aa- _,1Na areditie Ies takisia:a.00211a:Aatmo � ell a a 1 adallow agairassr,iiicadiem i tatq.- _ 1861 -t o WELD COUNTY, CO ? 8 61/!X'"`': 1 WELD COUNTY, CO r 4'V re 44 MILLIKEN one:'A IT I W W—Zone: A Q Zone A P.m -a WC R*2 3 WCR aselo 'C R 40:5 1\ IPLATTEVILLE _ iX C� 1 '.C R_wcR, 4,6 46 •WCR-42 EiVCR 40 `j Rivers 1 Zone: 44: ,Zone: A WC RJ42 WC Rr38:5 $5 gneAry 7-1 WCRfr38- 01 CR-38 I WCRF46 GI LCREST zone. u WC R•38 Zone: ■ I-1 185 WC 11140 EVANS Zone: PUD/ 1P1rIC Rx�Z Zone: 1-2 YVCRe 46 WC Ri44---- 1 1 i ;Nail WCRr 38E I JAUnited Water & San-14'1Secfon 20Oraw ngsASheetsiSection 20 USR.dwg U5R 728/2(12311 33:C6 A t - OVERBURDEN STOCK PILE SERNI L Min M-1.1 CR44 �f _ 0 x N 21.7' 7 l FRESH WATER POND APPROX 1 . ACRES TO DE INCLUDED IN ¢ELL 8 IlltlIIIIIItliIILIINgh IIInIIIUIIfIIIIIII ASPHALT PLANT 1O = OFFICE AND SI-OP 54.S'•CEL — -- . 8 MINE I �n �AOp LIMIT TO pR� GAS LIN — 7/ GeLl. 1NELL �SLJRRI' WA I-, 20' FROM I: SLURRY WALL '" �}P; TO TROP WESTERN ' IMIDSTREAM SAS `1 LINE =-5' — J I 1 I E MI I'M PLUGGED AND ABANDONED FUTURE 'NINE AREA TO 3E INCLUDED: IN (2LL 6 (AFI ER SOLAR ARRAY REMO'JAL) �I INDERDRAUJ -r 10' FROM S IIRRY WAI I TO BE CONSTRUCTED CONCURRENTLY WITH CELL 6 :DESIGN WILL BE PROVIDED TO DRMS PRIOR TO CONSTRUCTION) DROP IN TO 5' MANHOLE WEST 1NV: 4,733.0' EAST INV: 1,735.1' t5 a /- DISCHARGE POINT CCLL 3 SLUM' WALL / 6,977 LF _ - - -- -- - IMS/-� -� - - - - C 24" IiSC-IARGE LINE - PTO INFILTRATION L PONC 4.7.1 LF TRANSITION TO SOLID PIPE n \ LOCATIO u I� • 1 l� I I ' ice) _ 2}"/DISCHARGE TO INFILTRATION/ POND i 0' I ijj ZOM SW NMENT -.5 L: /1 N —_r- ee1.'/a 0400 CELL 3 N`� _31a0g 1 z III I )_u� -��"� ''' "9 � J —WC2-42- - - - - - C.:0 UNDERORAIN -` 10' FROM SLURRY WALL 0.3 -SERIES OF DEWATERING WELLS To 3E CONSTRUCTED CONCURRENTLY WIT -I CELL 4 (CESIGN WILL BE PROVIDED TO DBMS PRIOR TO OONSTRJCTION) 7 CELL 5 SLJRRY WALL 6,761 LF i 0 0 a0 nF c LA `3 o ri bb.S 30.0' • LANDSCAPED BERMING ALONG NE:G HBO I.S PROPERTY LINE 54.8' I r Npf,Rl I IS, k C: FEE") Know what`s below. Call before you dig. LEGEND: PROPOSED PERMIT BOLNDARY !-i- I -I--I-H- SLURRY WALL ALIGNMENT PROPOSED MINE LIMIT (4,7.00 PROPOSED MAJOR CONTOUR PROPOSED MINOR CONTOUR EXISTING BARBED WIRE FENCE EXISTING EDGE OF PAVEMENT EXIST1NG EASEMEN I SECTION LINE EXISTING RIGHT OF WAY PROPOSFII UNDFRDRATN EXISTING GAS LINE EXISTING WATER LINE PROPOSED AC .t55 RUAU EXISTING DIRT ROAD EXISTING BURIED ELECTRICAL EXISTING OVERHEAD ELECTRICAL EXISTING FIBER OPTIC WATERWAY ,I MONITORING WELLS ® ELECTRICAL BOX Se OVERHEAD ELECTRIC POLE CIVIL RES1)URCES 323 5th STREET P.O. Box 680 FREDERICK, CO 80530 303.833,1416 W1' W.CIVILRESOURCES.COM RED TIERRA EQUITIES, LLC 8301 E PRENTICE.AVE *12C GREENWOOD VILLAGE, CO 80:11 303.771.1005 (p) CONTACT: DREW DAM:ANO SECTION 20 DRMS 112 RECLAMATION PERMIT GILCREST, COLORADO len:MON S NO 3EDCRIFTION I DAM DESIGNED BY: BLI.1 DRAWN BY: NI_ CHECKED BY: BU -1 DATE: 9/10/2021 SCALERS NO I e1J AS NOTED JOB NO.: 303:001.04 DWG NAME:GILCREST-AREA-GECLOGv.D MINE PLAN AND TIMELINE SHEET: FIGURE 3 111, WELD COUNTY, CO AYI2E5 49111 St rnab SAS err rA I: Future Land Use Weld County, Colorado LEGEND FUTURE LAND USE A OTH ER L_. Ccmmerc4 frxh: Residential - Uttar Elto:e arge Lot Resider S Evan.; CA). I irn Evart; Urban Growth 3ounidry Fioadpiam ►rte U -4e Open Dace Rurat Agriculture t set CrGtBM'I.f'!1.y t Correrecial Cer'.er Ir UeOhborhoD Getter Lower Latham Reservoir i I i, r 1 i : i 3433 Oilcacod Hitt Roomy to Moe. INI5470, Pura 514466 - 1123.2021 MAP 1 WELD COUNTY, CO i :Nr,ws. 0.5 1 2 Inez Blvd Miles .. a >��. rte - �_n A FRAMEWORK PLAN Town of Milliken EMunicipal Boundaries - Urban Growth Area Influence Area Residential Estate Residential Residential hie ghborhood Commercial/Employment Commercial/Muted Use Node Commercial/Mixed Use Downtown Business/Industrial Public/open Land S Urban Reserve Agricuttu re Panics and Recreation Greenway P u bl ie./Quasi-Public December 2015 1 a Milliken r • • U -p • 4.14.11,MW.Sera■■■ OMMIPL gis 4. Wks: 7 w _R i! 1,1111• ,1w• reffStiorroal asonsmionammusum ■ t ■ ■ i a • • LasaaLAMILLE U� a Qi r� Framework Plan 2012 Comprehensive Plan Update LEGEND A9ritiikearso l9. Lot Lore Density ttesede ttsal Median O iti ity Riwitinerthl tilq n Density Residential Downtown Mixed Use Neighborhood Cornrow al Reamsl Carraneretal Ernip4oyrrnent Civitf Public Futility Adiara ;t ht.nit4arety iayrrr Psrk Van Open Space 00 41-0410 RAW. Teat, Tureen Sou siiery Urban Growth Bo-anderr e ale) v 414 • sr 411‘ • et er Orpe tt Area Downtown Gatieney IWO% Geismar, Foe Slit Woe Shen entry School Hi* School n 1 no 2500 ca c SCALE FEET PREPARED 8Y: c c►0W ilk s� G 7tiC 1 NORTH a v rR 34 TOWN OF MILLIKEN S. Plats Rim Co lo.n1 Munins dptuctun ors r GILCREST The larl t ab[t designations are illustrratis* and arc nct intcndcd to depict either partel soccitic locations or exact outages for specific utos a U 5 oralEMINNIF4r7 ca 44 Cti a; Olt 40 �lr CR 361 WELD COUNTY, CO Staff finds that this Use by Special Review is consistent with Section 23-2-220.A. S ection 23-2-220.A.1. - That the proposal is consistent with Chapter 22 of this Code and any other applicable code provision or ordinance in effect. S ection 23-2-220.A.2. - That the proposal is consistent with the intent of the district in which the use is located. S ection 23-2-220.A.3. - That the uses which would be permitted will be compatible with the existing surrounding land uses. S ection 23-2-220.A.4. - That the USES which would 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 this Code or Master Plans of affected municipalities. S ection 23-2-220.A.5. - That the application complies with Articles V and Xl of this Chapter if the proposal is located within an Overlay Zoning District or a Special Flood Hazard Area identified by maps officially adopted by the County. S ection 23-2-220.A.6. - That 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. S ection 23-2-220.A.7. - That there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. 7 Y -y —. a —s • :lift" I . — • r _ WEST ON CR 29 J • ti 1• . .:� - r? 1 .,• <a r 4.L.-- sac. _ �� .3 wt. s - - r - ^31 '" -` W.- ... - — — • �♦ �. 3• _ + ear Aar 1La . ! % e► T s _ L- •• ..ina r iv r - _ - —.. giff s r �t • a. - i+ lesippeiodaris, • •.• • "". Iw,NagkoongNIla-ii it W Fulton:, +.in l•• -'• a'•- Loire. Ihe. 1 Haiti WELD COUNTY ADMINISTRATION BUILDING 1150 "O" Street • Oreefey, CO 80631 Clnn!,NrfJ 1'=`rrggRarn rib erllhl ��:' bn f'r0 Mw�t� it''`e j l ,d 8011115 of rata 41, Carmine -0v Hlllln'hJ Mf�l � heed �Ir p/I trfte. Val I:)my, r., IN? by Spacial Hoview Pound to (open Mining and Ploceesing of Mineral% 'Aggregate Mining end Batch Plant) in the A lAgrlcutttualf 2ono Dlstrlct. _.,,. �1 ,'r.M-. wary tanks 41,n F.. Ilh f:. �i li pll :114/11,1,1 o, .. . , Mss' N•da f149 ,y.. I n �tF PI Arl'dlir, '.1 c f t,i r!•1.p i • a/.1„, • IL-- • 4.1 i �9 ■I s WELD COUNTY, CO • - 'As as. �- J r' s as- r gra ala -aG��au deat. .- wit dna. _ at �;� aa- _asuls Sib Jaw T Sits _g f !•••I. a:a J _ - .off :-� - ,s0s^ asar•-;f w Aer 02 11 9112025 NORTH ON CR 42 .oar_ i i _J" '•f Ar rit f 1-Z�tyvtora bran Worn W..ay Nom., G„"�t` arwl tai ir! r LL.nnege Mr tim• r. ry NII Ire Seta 9t WLLO COUNT'? ADMINISTRATION BUILDING t t50 `O- StrvoI • Greeley. CO a083 Pan rbwnaSN, µe rn° r.w t .1 4W ,,vr _JOE* ill PI?" • m IariorYr W WWI he tw1J i•. i`� Use try Special Review Permit for open Mining and ProceAsrrtg or Mlnarnln ' rAggragare Mining and Batch Plantl In me A (cede wham) zone Olsrnct. t+d9 Pine .t4•)IIIrIQIl"at Tr ,11 r,v r l•1ilM/Y1� Ntlbt•v f�7•i lr�iaNq.•Fgl now) Al on 3sZi 1 rt •f F . 1yYtiAk alMa. aSa Alb 021111 112 2 WELD COUNTY, CO = yt 18 6 ''. WELD COUNTY, CO EAST ON HWY 60 Public hearings concerning this property will be heard before the County Planning Commission and Board of County Commissioners. Both hearings will be held at: WELD COUNTY ADMINISTRATION BUILDING 1150 "O" Street • Greeley, CO 80631 Planning Commission Hearing will be held on e ei_ 220V; at 121!57,00‘, Board of County Commissioner Hearing will be held on MST u� ---- 207,1; at 49 •• saw APPIiGarlt -nw Egviu P ilk, t•mbki co aVa amouips , ux d9 $00 QQ;.l.s., Requests Use by Special Review Permit for Open ti Mining and Processing of Minerals (Aggregate Mining and Batch Plant) in the A e (Agricultural) 7on g Disrrict. Case Number:jrnit 2y .90 12.4 AcreS:-�eeip MFOR F'RT t -I -FR INFORMATION PL EASE CONTACT �04ti AT THE WELD COUNTY DEPARTMENT OF PLANNING SERVICES. AT y7Cl4tt)0-�S_? 7 •.I IiL'. � '"1411 VI1 VIAL I rnly.nl�l^A...0 ^'w Wlit 1 othIM 1. .. WELD COUNTY, CO s WELD COUNTY, CO �- 4, CP _rs .. � .err f ► r R _�_ e. 0' WEST ON HWY 60 44. TH ON HWY 60 ‘'- 8 6 1171 WELD COUNTY, CO WELD COUNTY, CO NORTH ON CR 44 s WELD COUNTY, CO WELD COUNTY, CO End • f LJ 26 CIVIL RESOURCES, LLC ENGINEERS & PLANNERS March 24, 2025 Maxwell Nader, Planning Manager Weld County Department of Planning Services 1402 N. 17th Avenue Greeley, CO 80631 by email to: mnader@weld.gov RE: Request for Continuance, USR24-0026, to address potential modification of Condition 1D Mr. Nader: This letter requests continuance of the land use hearing in case USR24-0026, currently scheduled before the Weld County Board of County Commissioners on March 26, 2025, to a future date certain. The Applicant believes continuance of two to four weeks, to a future land use docket, is appropriate Based on preliminary conversations. The primary objective of this continuance is to address the language of proposed Condition 1D, which presently reads as follows: The applicant shall submit evidence of a Pre -annexation Agreement with the Town of Gilcrest. This Agreement shall be between the Town of Gilcrest and the applicant, and Weld County will not take part in said Agreement. For reasons summarized below, the Applicant requests revision of this language to remove the requirement that a pre - annexation agreement be executed prior to plat recording. Another option would be to consolidate current Conditions 1D and 1E. Conceptually, these options would read: Option A - Remove Execution Requirement The applicant shall address the Town of Gilcrest's comments concerning development standards for mining and post - mining use, as articulated in the Town's referral letter of February 23, 2025. Written evidence of such shall be submitted to the Weld County Department of Planning Services. Option 8- Consolidate Conditions 1D and 1E The applicant shall address the comments of the Town of Gilcrest, as stated in their referral dated February 23, 2025, including a prospective Pre -annexation Agreement and a request for approval of proposed groundwater mitigation measures. Written evidence of such shall be submitted to the Weld County Department of Planning Services. Whether it is one of the options proposed above or some other language to be developed during continuance of the case, Condition 1D must be revised in a manner that avoids granting a veto power. As currently drafted, failure to deliver an executed pre -annexation agreement will effectively lead to denial of USR24-0026. Two important facts must be clear in this record: (1) The Town of Gilcrest lacks a complete annexation petition because the Applicant has not submitted one, only prospective terms and preliminary information to discuss the potential for annexation. (2) Any prospective annexation contemplated by the Applicant or in mutual meetings has been voluntary in nature. In the circumstances of this case, reasons for the requested modification of Condition 1D are both legal and practical: 1. There is no guarantee that an agreement can be reached. The Applicant is under the impression that Town of Gilcrest officials welcome annexation as a mutually beneficial arrangement that will address technical issues in due course. This understanding is not reflected in the Town's submittals regarding USR24-0026. Effectively 8308 COLORADO BOULEVARD • FIRESTONE, COLORADO 80504 • PHONE: 303.833.1416 • FAX: 303.833.2850 CIVIL RIC,AJRCES delegating approval authority to the Town of Gilcrest in this situation does not address Use by Special Review criteria and is, in contrast; a mechanism by which a third party can coerce an outcome that is unclear and ungoverned by any clear criteria. 2. Requiring an executed pre -annexation agreement is consequential for all parties involved. A pre -annexation agreement is governed by state annexation law, with precedent in Colorado that can significantly effect both substance and procedure in the event that an annexation petition is submitted. The Applicant is unaware of anything like the present Condition 1D in an aggregate mining case that meets all Use by Special Review criteria. For Weld County, it is foreseeable that such a condition, imputing the power of municipalities to demand pre -annexation agreements as a consequence of coordinated planning (or referrals), will become a tool for tacit disapproval where such applications merit approval. 3. State law requires consideration of commercially viable mineral deposits. As articulated in the draft USR24- 0026 resolution, the subject property in this case is a stream terrace deposit. The state's Mineral Preservation Act requires Weld County to facilitate recovery of sand and gravel resources by planning for the extraction of such deposits, and Weld County code and long-range planning implements such policy. Whether the Town of Gilcrest is simply unaware of or unwilling to acknowledge mineral resource policy, the Town should not be at liberty to contravene or diminish access to mineral commodities through open-ended negotiation with the potential to reach no agreement. 4. The Weld County—Gilcrest Coordinated Planning Agreement does not contemplate or authorize compulsory annexation or pre -annexation negotiations as a development condition. The relevant CPA expressly considers the 21 -day period immediately following a Weld County pre -application meeting as the appropriate time for negotiation of a pre -annexation agreement. This period is long expired in the present case. State law, County policy, and the relevant CPA all contemplate circumstances in which local governments cooperate and develop common development standards without transferring territorial control, and addressing this situation is in fact a fundamental objective of the relevant policy. State law authorizes IGA provisions "concerning land areas that may be annexed by municipalities and the conditions related to such annexations as established in the comprehensive development plan," and, to the extent any relevant provisions are found in Weld County code or policy, USR24-0026 complies with such provisions. The Applicant submits this request after careful consideration. If additional detail is desired to support the County's assessment of this request, or if other alternatives warrant discussion, we stand ready to meet at your convenience or to elaborate in writing. Thank you and please do not hesitate to contact us to discuss further. Sincerely, CIVIL RESOURCES, LLC. Brad L. Hagen, P.E. Principal Civil Engineer J:IUnited Water & San - 1411Section 201WeId County USRIWeIdCCextension032325.doc Jessica Reid Attachments: C,lbject: FW: DRAFT RESO, USR24-0026, CAW EQUITIES, LLC, C/O READY MIXED CONCRETE, LLC (BOCC 032625) USR24-0026 PW Referral REVISED 3 25 2025.pdf; RE250779 redlined.docx From: Melissa King <mking@weld.gov> Sent: Wednesday, March 26, 2025 3:15 PM To: Jessica Reid <jreid@weld.gov>; Maxwell Nader <mnader@weld.gov> Subject: RE: DRAFT RESO, USR24-0026, CAW EQUITIES, LLC, C/O READY MIXED CONCRETE, LLC (BOCC 032625) After much consternation, a different strategy seems appropriate for this one. Specifically, the DR Referral has been revised (attached) and the draft Reso has been revised (attached). Let me know what else - thanks for your patience Melissa COUNTY, CO Melissa J King, PE, CFM Department of Planning 1402N 17th Avenue Greeley, CO 80632 )-400-3762 • CO Join Our Team Weld County IMPORTANT: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. MEMORANDUM TO: Maxwell Nader, Planning Services FROM: Melissa J King, PE, CFM Development Review DATE: December 4, 2024 SUBJECT: USR24-0026 Caw Equities LLC REVISED 3/25/2025 The proposal has been reviewed on behalf of the Weld County Department of Public Works and the Department of Planning and Zoning. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS GENERAL PROJECT INFORMATION/LOCATION Project description: A Site -Specific Development Plan and Use by Special Review Permit for Open Mining and Processing of Minerals (Aggregate Mining and Batch Plant) in the A (Agricultural) Zone District. This project is north of and adjacent to CR 42 and is east of and adjacent to SH 60. Parcels: 10570000019 Lot B RE -3000, 105720000014, 105720000015, 105720000020, 105720300022, 105720300021. (Parcel Number Corrected) Access onto SH 60, and CR 44, CR 42, and CR 29. ACCESS Development Review has reviewed the application materials related to access. The application materials propose that the main site entrance use the existing residential access point onto SH 60. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to state highways. Please contact CDOT to verify the access permit or for any additional requirements that may be needed. (State Highway 60). Please include all three representatives in your request. CDOT Contacts: Mr. Tim Bilobran - timothy.bilobran(a�state.co.us Ms. Allyson Young - allyson.young@state.co.us Mr. Mike Shepherd — mike.shepherd@state.co.us Ms. Rose Valdes — rose.valdes(cstate.co.us Parcel 105720000015 has one permitted access point onto CR 44 (AP22-0013 — Industrial). The application materials state that "This access will be used for initial site start up and maintenance at the site, but will not be the main commercial access." This access shall be upgraded, as needed, to meet all Code requirements. Parcel 105720300022 has three unpermitted existing accesses onto CR 42: • "-85 feet east of the intersection of CR 42 and SH 60. It appears to be associated with an oil and gas facility. • 2,200 feet east of the intersection of CR 42 and SH 60. It appears to be associated with the Western Mutual Ditch. • 2,640 feet east of the intersection of CR 42 and SH 60. The draft USR map included in the application does not include these accesses; and they were not mentioned in the application. Therefore, they may be required to be closed and reclaimed. Parcel 10570000019 has two unpermitted existing accesses — one onto CR 42 and one onto CR 29: • 2,650 feet east of the intersection of CR 42 and SH 60. • 1,865 feet north of the intersection of CR 29 and CR 42. It appears to be associated with the Western Mutual Ditch. The draft USR map included in the application does not include these accesses; and they were not mentioned in the application. Therefore, they may be required to closed and reclaimed. Parcel 105720000020 has two unpermitted existing accesses onto CR 29: • 1,965 feet north of the intersection of CR 29 and CR 42. It appears to be associated with the Western Mutual Ditch. • 2,465 feet north of the intersection of CR 29 and CR 42. It appears to be associated with an irrigation pond. The draft USR map included in the application does not include these accesses; and they were not mentioned in the application. Therefore, they may be required to be closed and reclaimed. Parcel 105720000014 has many unpermitted, extended access areas onto CR 29 and CR 44. The draft USR map included in the application does not include these accesses; and they were not mentioned in the application. Therefore, they may be required to be closed and reclaimed. All existing unpermitted access points will be reviewed during the USR map review. ROADS AND RIGHTS -OF -WAY AND BRIDGES The property is bounded by State Highway 60. Contact the Colorado Department of Transportation (CDOT) to determine what right-of-way shall be shown on the submitted plat. Reference the documents creating the right-of-way. Please contact Tim Bilobran at the Greeley office, phone number: 970-350-2163. The project area is bounded on the north by CR 44. CR 44 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as an arterial road, which requires 140 feet of right-of-way. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Sec. 23-1-90, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. The project is bounded on the east by CR 29. County Road 29 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Sec. 23-1- 90, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. The project is bounded on the south by CR 42. County Road 42 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Sec. 23-1-90, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. TRAFFIC A preliminary Traffic Impact Study, dated February 14, 2025, has been submitted. A Final Traffic Impact Study, stamped and signed by a professional engineer licensed in the State of Colorado is required. TRACKING CONTROL Tracking control is required to prevent tracking from the site onto public roadways. For access to paved roads, tracking control devices can be double cattle guards with 100 ft. of asphalt or 300 ft of asphalt. For access to gravel roads, tracking control devices must be either double cattle guards with 100 ft. of road base, or road base on all driving surfaces. Temporary Tracking Control shall be used during construction unless permanent tracking control is installed ahead of construction activities. Recycled concrete is not allowed in County right-of-way. Tracking control for unmaintained public right-of-way is required just prior to entering publicly maintained roadways. A variance request for alternatives to the tracking control requirement can be submitted to Development Review for review and consideration. This site requires double cattle guards and 100 ft. of asphalt or 300 ft. of asphalt. IMPROVEMENTS AGREEMENT FOR UP -FRONT IMPROVEMENTS Development Review is requesting an Improvements and Road Maintenance Agreement for up -front With Triggered Off -site Improvements. The triggered off -site improvements will be at the main site access onto SH-60 and at the initial/maintenance site access onto CR 44 and at all the other access points onto CR 44, CR 42, and CR 29 that will be permitted in association with this project. Also, the Agreement will have triggered improvements on the proposed haul routes that will be on Weld County roads. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. Additional Improvements/Road Maintenance Agreement: An example agreement is available at: https://www.weldgov.com/UserFiles/Servers/Server 6/File/Departments/Publie/020VVorks/DevelopmentR eview/USR-SPR-Permits%201mprovements%20Agreement%20Template.pdf. It will detail the approved haul routes and outline the required up -front off -site improvements. DRAINAGE REQUIREMENTS This area IS within a Non -Urbanizing Drainage Area: Non -Urbanizing Drainage Areas typically require detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 10 -year storm falling on the undeveloped site for NON - URBANIZING areas. An accepted Final Drainage Report and Certificate of Compliance, signed and stamped by a professional engineer licensed in the State of Colorado is required: has been accepted. Historic Flows: The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from the property. GRADING PERMIT A Weld County Grading Permit will be required if disturbing more than 1 acre. A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575. If more than 1 acre is to be disturbed for construction of non -gravel pit items such as structures, parking lots, laydown yards etc, a Weld County grading permit will be required prior to the start of construction. Grading Permit applications are accepted after the planning process is complete (plan recorded). An Early Release Request Form may be entertained only after the applicant, Planning Department have reviewed the referral and surrounding property owner comments. The Early Release Request may or may not be granted depending on referral comments and surrounding property owner concerns. Contact an Engineering representative from the Development Review for more information. CONDITIONS OF APPROVAL A. An acceptable Final Traffic Impact Study, signed and stamped by a professional engineer licensed in the State of Colorado, is required. (Development Review) C An Improvements and Road Maintenance Agreement is required for triggered " off -site improvements at the each of the site access points, to include and -at the initial/maintenance site access,onto CR 44 Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes +Aprsve nests (Development Review) : ' D The USR map shall be amended to delineate the following 1 Show the Colorado Department of Transportation (CDOT) right-of-way for Hwy 60 on the map along`with the documents creating the nght-of-way (Development Review) 2 County Road 44 is a paved road and is designated on the Weld County Functional Classification Map as a artenal road which reguires140 feet of,nght-of-way at full buildout The applicant shall _ delineate and label on the site map -or plat the future and existing nght-of-way (along with the _ documents creating the existing nght-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) _ _ _ 3 County Road 42 is a paved road and is designated on -the Weld -County Functional Classification Map as_a collector road which requires 80 feet of right-of-way at full buildout , The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing nght-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) 4 County -Road 29 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 site map or plat the future and existing right-of-way (along with the documents creating the existing nght-of-way) and the physical location of the road All setbacks shall be measured from the edge of nght-of-way This road is maintained by Weld County , (Development Review) - 5 Show and label the proposed initial/maintenance access location onto CR44, along with all other existing access locations onto CR 29, CR 42, and CR 44 -Include the approved accesswidth and the appropnate turning radii on the site plan As appropriate, label accesses as "Close and Reelaim " Access specifics will be reviewed dunng the review of the USR map (Development Review) - 6 Show and label the approved tracking controron the site plan (Development Review) ' 7 Show and label'the entrance gate(s) if applicable An access approach that is gated shall be `designed so that the longest vehicle (including traders) `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) laf3eled�swater�etert#+ei� 9 Show and label the -drainage flow -arrows (Development Review) 10 Show and label the approved main site access location onto SH 60 Include the access permit number (Development Review) - PRIOR TO CONSTRUCTION -A Obtain a Weld County Grading Permit, if more than one (1) acre is to be disturbed for construction outside of the gravel mining area (Development Review) B Obtain all regwred,access permits from Weld County and CDOT (Development Review) C Construct the approved tracking control (Development Review) ARp TA ADCRA-TtoN ton rotinn (Deyelenrnen4 Renew DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1 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) 2 The accesses to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking (Development Review) ` 3 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized (Development Review) 4 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) 5 The Property Owner shall comply with all requirements provided in the executed Improvements Agreement (Development Review) 6 The- Improvements`Agreement for,this site may,be reviewed on an annual basis, including a site visit and possible updates (Development Review) 8 The historical flow patterns and runoff amounts on the site will be maintained (Development Review) Draft Resolution Approve Use by Special Review Permit, USR24-0026, for Open Mining and Processing of Minerals (aggregate mining and batch plant) in the A (Agricultural) Zone District — CAW Equities, LLC, c/o Ready Mixed Concrete, LLC 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 26th day of March, 2025, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of CAW Equities, LLC, 8301 East Prentice Avenue, Suite 120, Greenwood Village, Colorado 80111, c/o Ready Mixed Concrete, LLC, 2500 East Brannan Way, Denver, Colorado 80229, for Use by Special Review Permit, USR24-0026, for Open Mining and Processing of Minerals (aggregate mining and batch plant) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot B Recorded Exemption RE -3000; being part of the SE1/4; /4; part of the SW1 /4 and the N1/2 all of Section 20, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado Whereas, at said hearing, the applicant was present represented by [Representative], [Representative Address], 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." The County recognizes that mineral resource extraction is an essential industry. The availability and cost of materials such as sand and gravel, have an effect on the 2025-0779 PL2948 Use by Special Review Permit, U S R24-0026 — CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Page 2 - Draft successfulness of general construction of County Roads (CR) and regional highway construction industries. The agricultural lands associated with the surface estate is underlain with a known viable aggregate deposit. With the completion of mining, the site will be reclaimed as agricultural lands, wildlife habitat and water storage reservoirs. Commercial mineral deposits known to be located in the County include sand and gravel, coal and uranium. High -quality sand and gravel deposits in the County are found along major drainage ways. According to the Weld County Sand, Gravel Resources Map, dated July 1, 1975, the mine area is classified as Stream Terrace Deposits — Fine Aggregates, including sands ranging from coarse gravelly stream sands to fine grained wind deposited dune sands. 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 located east of and adjacent to State Highway 60 and south of CR 44. The ingress and egress for the aggregate processing facility is proposed off of State Highway 60. Parcel #105720000015 has one (1) permitted access point onto CR 44 (AP22-0013 — Industrial). The application materials state the access will be used for initial site start up and maintenance, but will not be the main commercial access. This access shall be upgraded, as needed, to meet all Code requirements. In addition to the 14 employees working at the site, the primary source of additional visits will be truck drivers receiving loads for delivery off -site. The aggregate operation is estimated to generate up to 1,040 trips per day, or 520 outbound loaded trucks. The concrete and asphalt plants are estimated to generate up to 762 daily trips or 381 outbound trucks. Others visiting the site include vendors, mechanics, inspectors and others with occasional business at the site. The facility is not open to the general public. The Colorado Department of Transportation (CDOT), in an email response dated January 27, 2025, stated a CDOT permit will be required, whether for direct highway access, or in -direct access. The Department of Planning Services — Development Review, in their referral dated December 4, 2024 (Revised March 25, 2025), is requiring a Final Traffic Impact Study, stamped and signed by a Professional Engineer, registered in the State of Colorado, to address impact to the area roads. Also required is an Improvements and Road Maintenance Agreement with triggered off -site improvements, and road maintenance. Road maintenance includes, 2025-0779 PL2948 Use by Special Review Permit, USR24-0026 — CAW Equities, _LLC, c/o Ready Mixed Concrete, LLC Page 3 - Draft but is not limited to, dust control and damage repair to specified haul routes -The Improvements and Road Maintenance Agreement is a Condition of Approval_ to, be accepted by the Board of County Commissioners, prior to, recording the USR map B Section 23-2-230 B 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 parcels are zoned A (Agricultural), -and the proposed project is listed as an aggregate mine, permitted in the A,(Agncultural) Zone _District, as detailed in this Use by Special Review (USR)'permit application, and in -the Weld County Code 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 " 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 USR outside of subdivisions and histonc'townsites Section 23-2-230 B 3 — The uses which will be,permitted will be compatible with the existing=surrounding land uses Zoning in the area surrounding the site's A (Agncultural) There are multiple USR permits within a one (1) mile of the site, including aggregate mining and oil and gas development The end use,,agncultural lands, wildlife habitat and water storage, is consistent with the adjacent uses in the surrounding area -The" adjacent lands within one (1) mile of the property boundary consist of agncultural uses, aggregate mining,'rural residences, oil and gas operations and large tract irrigated and dryland agncultural_operations To the north is USR-1009; for a recreational paintball ,facility, USR-1354, for aggregate mining and a concrete batch plant, and USR-983, for a salvage yard and sales To the west is USR22-0030, for an open mining gravel pit, and USR-1183, fora high-pressure gas line for the Public Service of -Colorado To the east's USR-1185, for a machine repair shop To the south is USR14-0014, for an oil and gas support and service facility, USR-839, _for - a -commercial greenhouse,_USR13-0039, for an automobile business, USR21-0004, for a solar energy facility, and USR_ 18-0071, for a constru,ction: storage yard Planning staff_ is also aware of pending aggregate and soil mines, currently in review at the State, to the south of the site The Town of Milliken's 2025-0779 PL2948 Lite by Special Review Permit, USR24-0026 — CAW Equities, LL -C, c/o Ready -Mixed _ Concrete, LLC Page 4 - Draft municipal hint IS within one (1) mile west of the proposed mine site and the Town of Gnlcrestns-about one -quarter (1/4) -mile to the east The Weld County Department of, Planning - Services sent notice to 50 surrounding property owners (SPOs) and no wntten correspondence or telephone calls were received about the application The Conditions of Approval requnre'that the applicant submit an accepted Emergency Action and Safety Plan 'and an accepted Road Maintenance and Improvements Agreement (for roads and traffic) The Noise Abatement Plan has been submitted and- reviewed Environmental Health Services, in their referral dated December 9,2024, stated noise ns restncted-to_the level allowed in the Industnal Zone Dnstrnct and noise levels are measured 25 feet from the property'line The application matenals'contain a Noise Management Plan, conducted by Behrens and -Associates, Inc , which indicated the nndustrnal level can be met 25 feet from' the property boundary The conclusion in the report states the results of the noise modeling indicate that the Section 20 mining and processing operations, for_allmodeled phases, are predicted to comply with the allowable Industrnal-Colorado Revised Statute (CRS) noise limits of all -modeled receptor locations Adherence to the Noise Modeling Report is required There will be fuel storage, which will require compliance' with state regulations, and a -Spill Prevention, Control,=and Countermeasure , (SPCC) Plan may be required depending on tank storage size- An Air Pollutant,Emissions Notice (APEN) Permit from the state is required and will address dust control for mining operations, haul roads; and any sand' and gravel processing equipment The application indicates an APEN has been submitted to ,the- state , The Conditions of Approval_ also ' require a- Decommnssionnng Plan, Lighting Plan,- Communication Plan, Screening Plan and an approved Access Permit for State Highway 60, and any associated off -site improvements, as required by CDOT, to ensure safety to the travelling public, and compatibility with surrounding land uses and the region Section 23-2-230B_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-Tfuture 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 a three (3), mile referral area of four (4) municipalities, the City of Evans and the' Towns -of Milliken, -Platteville and Gilcrest The proposed mine is located within -the Weld County Coordinated "Planning Agreement areas of the City of Evans, -and the Towns of Milliken, Platteville and Gilcrest -The City of Evans returned a Notice of Inquiry (NOI) form dated July 13, 2023, which stated the area is 2025-0779 PL2948 Use by Special Review Permit, USR24-0026 — CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Page 5 - Draft beyond their urban growth boundary and, is, ineligible for annexation The Town of Platteville returned a NOI form dated July 13, 2023, which stated the development area is outside (north) of the Town of Platteville's Growth Boundary The Town of Gilcrest returned a NOI form dated July 17, 2023, which stated the Town Board and staff met with- Lembke/Red Tierra several times in 2022 regarding annexation Lembke sent an email on July 12, 2023, which stated he wanted to start the annexation process again, however, an Annexation Petition has not yet been received by the Town of Gilcrest The Town of Milliken did not respond to a NOI form All four (4) municipalities did not respond to the referral request A mutual letter from the Towns of Gilcrest and Platteville, dated December 11, 2023, (in response to PRE23-0271, which eventually became USR25-0002) mentioned the future development of two (2) additional proposed mining operations, being the 790 -acre Monarch-Denin Gravel Mine (USR22-0030) and the 596 55 -acre Section 20 Gravel Mine (USR24-0026 — formally known as Red Tierra), which were within the Town of Gilcrest's Urban Grown Boundary, along with a substantial portion of the Monarch-Denm Gravel Mine falling within - the Towns of Platteville and Gilcrest Coordination area The towns shared concerns regarding environmental and transportation impacts, adverse impacts on the Town of Gilcrest's groundwater levels, and the loss of land area designated for future development in alignment with their community's vision for future The letter requested both future mines (USR22-0030 and USR24-0026) be annexed into the Town of ,Gilcrest USR22-0030 was approved by the Board of County Commissioners on Apnl 26th, 2023 The proposed gravel mine is located within the Town of Gilcrest's Urban Growth Boundary and the Platteville-Gilcrest Coordination area, as -depicted in the 2011 Intergovernmental Agreement between the Towns of Gilcrest and Platteville As such, the Town of Gilcrest submitted a formal referral response in coordination with the Town of Platteville The proposed mine -site is located outside of the City of Evans' Futuretand Use Map of 2022, the Town of Platteville's Urban Growth Boundary, as defined in their 2023 Comprehensive Plan, and the Town of Milliken's Future Land Use Plan, as `-defined in their 2023 Comprehensive Plan The proposed mine is identified in a low -density residential area and in Tier_2 and Tier 3 of the Town of Gilcrest's growth pnonty tiers, per the 2017 Town of Gilcrest's Framework Plan The applicant had further discussions with the Town of Gilcrest regarding the signed NOI form dated July 17, 2023 The Town of Gilcrest and the applicant have both decided to try to come to an agreement on annexation Both agree that the Town of Gdcrest does not have the bandwidth to permit the site and prefers the Section 20 2025-0779 PL2948 Use by Special Review Permit, USR24-0026 — CAW Equities, LLC, c/o Read_ y Mixed Concrete, LLC = Page 6 - Draft Gravel Mine go through the USR process,' pnor to annexation _ Per the Town of Gi!crest's referral dated February 21, 2025, an application for annexation was received by the Town of Gilcrest and is currently- in the completeness review stage of the development review process The town staff and consultants will coordinate with the owner's engineer to schedule a meeting to discuss,the annexation submittal requirements, including the annexation petition, annexation map, annexation impact report, etc The objective is to obtain a complete annexation application, or enough information to enter, into a Pre -Annexation Agreement E Section 23-2-230 B 5 — The application complies with Chapter -23, Articles V and XI, of the Weld County Code The property is not located within any overlay district officially adopted by the County, including A -P (Airport) Overlay District, I-25 Overlay District, Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer System area, Special Flood Hazard 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 B6 — -If the use is proposed to be located in the A (Agricultural) Zone Distnct, the applicant has demonstrated a diligent effort to conserve Prime Farmland in the locational decision for the proposed use The proposed mine site is located on 631 acres with 77% of it being considered soils that are Pnme farmland if irrigated and 0 4% being Farmland of Statewide and Local Importance, per the MRCS Soil Survey for Weld County Post mining, the land will be reclaimed back to seven (7) water storage reservoirs, which will assist with creating a wildlife habitat and water storage for agricultural lands in the area The Western Mutual Ditch bisects parts of the land and is planned to remain in place Each_ phase will continue to be farmed while mining is occurring in other phases As stated, --_the properties contain some Farmland of Statewide=and Local Importance, however, the property also contains a commercial mineral deposit, which state statutes say must be protected from development The Weld County Comprehensive Plan also protects these lands from uses interfenng with extraction of sand and gravel Mineral extraction_ will, provide economic revenues for Weld County from the land and will not interfere with the agricultural productivity of surrounding properties Colorado- Revised Statute - provides for the extraction of mineable resources pnor to any surface development 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 2025-0779 PL2948 Use by Special Review Permit, USR24-0026 — CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Page 7 - Draft 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 (sand, gravel, stone, and overburden) and processing of minerals. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the application of CAW Equities, LLC, c/o Ready Mixed Concrete, LLC, for Use by Special Review Permit, USR24-0026, for Open Mining and Processing of Minerals (aggregate mining and batch plant) 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 acceptable Final Traffic Impact Study, signed and stamped by a professional engineer, licensed in the State of Colorado, is required. B An Improvements and Road Maintenance Agreement is required for triggered off -site improvements at each of the site access points, to include the initial/maintenance site access onto CR 44. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. (Development Review) 43,C All On -site Wastewater Treatment Systems (OVVTS) on the property must have the necessary permits and documentation from the Weld County Department of Public Health and Environment. The Environmental Health Division of the Weld County Department of Public Health and Environment was unable to locate an OWTS Permit for the property at 20857 County Road 29. Any OWTS not currently permitted or documented by the Weld County Department of Public Health and Environment will need to undergo an OWTS Evaluation before the required permit or documentation can be issued. If the system is found to be inadequate, it must be brought into compliance with current OWTS regulations. G.D The applicant shall submit a copy of the water service for 20857 County Road 29. 2025-0779 PL2948 Use by Special Review Permit, USR24-0026 — CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Page 8 - Draft DI The applicant shall submit evidence of a Pre -annexation Agreement between the Town of Gilcrest and the applicant, and Weld County will not take part in said Agreement. .F The applicant shall address the Town of Gilcrest's request for approval of the proposed groundwater mitigative measures, as stated in the referral dated February 23, 2025. Written evidence of such shall be submitted to the Weld County Department of Planning Services. F.G The applicant shall address the requirements of CDOT, as stated in the referral dated January 27, 2025. Written evidence of such shall be submitted to the Weld County Department of Planning Services. G.H The applicant shall acknowledge the recommendations of the Weld County Oil and Gas Energy Department, as stated in the referral dated November 13, 2024. Written evidence of such shall be submitted to the Weld County Department of Planning Services. #4.1 The applicant shall acknowledge the comments from the State of Colorado, Division of Water Resources, as stated in the referral dated December 2, 2024. Written evidence of such shall be submitted to the Weld County Department of Planning Services. f.J The applicant shall acknowledge the comments from the State of Colorado, Division of Wildlife, as stated in the referral dated November 25, 2024. Written evidence of such shall be submitted to the Weld County Department of Planning Services. J.K The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR24-0026. 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 All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. 2025-0779 P L2948 Use by Special Review Permit, USR24-0026 — CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Page 9 - Draft 6. The map shall delineate the parking area for the mine vehicles, mine equipment, vendors, and employees. el all recorded easements by book BELOW The applicant shall show and label all recorded easements and rights -of -way by book and page number or Reception number and date. 8 The applicant shall show the CDOT right-of-way for State Highway 60 on the map, along with the documents creating the right-of-way. a-99. CR 44 is a paved road and is designated on the Weld County Functional Classification Map as an arterial road, which requires 140 feet of right-of-way at full buildout. The applicant shall delineate and label the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road on the site map or plat. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 1410. CR 42 is a paved road and is designated on the Weld County Functional Classification Map as a collector road, which requires 80 feet of right-of-way at full buildout. The applicant shall delineate and label the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road on the site map or plat. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 1211. CR 29 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 future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road on the site map or plat. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 1312. The applicant shall show and label the proposed initial/maintenance access location onto CR 44, along with all other existing access locations onto CR 29, CR 42, and CR 44. Include the approved access width and the appropriate turning radii on the site plan. As 2025-0779 PL2948 Use by Special Review Permit, USR24-0026 — CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Page 10 - Draft appropriate, label accesses as "Close and Reclaim." Access specifics will be reviewed during the review of the USR map. 1413. The applicant shall show and label the approved tracking control on the site plan. � b14. The applicant shall show and label the entrance gate(s), 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. 1615. The applicant shall show and label the approved main site access location onto State Highway 60 and include the Access Permit number. 4-716. 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. 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 Obtain all required Access Permits from Weld County and CDOT. C Construct the approved tracking control. 2025-0779 PL2948 Use by Special Review Permit, USR24-0026 — CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Page 11 - Draft D The applicant_ shall submit an ALTA survey that identifies all subsurface utilities 5 Pnor to Operation - Mining A If required, the applicant shall develop an Emergency Response Plan with the Office of Emergency Management and the Fire Distnct The plan shall be reviewed on an annual basis by the Facility operator, the Fire Distnct and the Weld County Office of Emergency Management Submit evidence of acceptance to the Department of Planning Services B The applicant shall submit wntten evidence that the Financial and Performance warranty has been submitted to, and accepted by, the Division of Mining, Reclamation 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 D The applicant shall complete all- up -front access and haul route improvements, required by CDOT Wntten evidence of CDOTs acceptance shall be submitted to the Weld County Department of Planning Services 6 The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded Activity shall not occur, nor shall any Building or Electncal 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 Use by Special Review Permit Development Standards CAVV Equities, LLC, LL c/o Ready Mixed Concrete, LLC_ USR24-0026 , 1 Use by Special Review Permit, USR24-0026, is for Open Mining and Processing of Minerals,(aggregate mining and batch plant) in the A (Agricultural) Zone Distnct, subject to the Development Standards stated hereon 2025-0779 PL2948 Use by Special Review Permit, USR24-0026 — CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Page 12 - Draft 2 Approval of this plan may create a vested property nght, 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 M2022-001 5 All permitted operations shall be conducted dunng the hours of daylight, except in the case of a declared emergency disaster by the Board of County Commissioners When the permitted operations are occurnng at night, they will only occur when matenal 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 sunnse 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 the plans to operate outside of daylight hours, who the project is for, how long it will be occurnng, and where the materials are being delivered 6 The number of on -site employees shall be up to 20, as stated in the application 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, Division 2 of the Weld County Code 9 Lighting shall be maintained in accordance with the approved Lighting Plan, as applicable 107 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 - 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 Fire District and the Weld County Office of Emergency Management to the Department of Planning Services 12 - The property owner or operator shall maintain compliance with the accepted Communications Plan 2025-0779 PL2948 Use by Special Review Permit, USR24-0026 — CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Page 13 - Draft 13. 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. 14. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 15. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 16. 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. 17. The Property Owner shall comply with all requirements provided in the executed Improvements Agreement. 18. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. 178. Weld County is not responsible for the maintenance of on -site drainage related features. 189. The historical flow patterns and runoff amounts on the site will be maintained. x-920. 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. 201. 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. 21-2. 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. 223. 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. 234. 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 2025-0779 PL2948 Use by Special Review Permit, U S R24-0026 — CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Page 14 - Draft Division of the Colorado Department of Public Health, and Environment, as applicable. 245. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in C.R.S. X25-12-103. The facility shall operate in accordance with the accepted Noise Modeling Report. 2663. The operation shall remove, handle, and stockpile overburden, sand, soil, and gravel from the facility area in a manner that prevents nuisance conditions. 267. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. Portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers, contain hand sanitizers, and be screened from existing adjacent residential properties and public rights -of -way. 278. Any On -site Wastewater Treatment System (OVVTS) located on the property must comply with all provisions of the Weld County Code, pertaining to OWTS. 269. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges, in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. X830. A Colorado Discharge Permit System (CDPS) from the Colorado Department of Public Health and Environment (CDPHE), Water Quality Control Division, shall be obtained as applicable. 301. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations, as applicable. 3-1-2. A current, Professional Engineer certified and signed copy of the Spill Prevention, Control and Countermeasure Plan shall be available onsite, as required. 323. 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. 334. The facility shall be operated in a manner to prevent odors. Odors detected offsite shall not equal or exceed the level of fifteen -to -one dilution threshold, as measured, pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. Additional controls shall be implemented at the request of the Weld 2025-0779 PL2948 Use by Special Review Permit, U S R24-0026 — CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Page 15 - Draft County Department of Public Health and Environment in the event odor levels detected offsite of the facility meet or exceed the level of fifteen -to -one dilution threshold, or in the judgment of the Weld County Health Officer, there exists an odor condition requiring abatement. And Renumber the Rest 34. The operation shall comply with all applicable rules and regulations of the Colorado Division of Reclamation, Mining and Safety. 35. The operation shall comply with the Mine Safety and Health Act (MSHA). 36. The facility shall notify the County of any revocation and/or suspension of any state -issued permit. 37. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 38. 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. 39. 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, 2020 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. 40. 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. 41. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 2025-0779 PL2948 Use by Special Review Permit; USR24-0026 = CAW Equities, LLC, do Ready Mixed Concrete, LLC Page 16 - Draft - 42 All buildings shall comply _ with the setback_ from oil' and gas wells, per Section 23=4-700, as amended - 43 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 44 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 - Dev_elopment Standards are permitted Any other changes shall_ be filed in the_ office of the Department of Planning Services - 45 a 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 onginal Permit, or the Permit shall be ' vacated 46 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 Commis -stoners 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 beenlerminated 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 vac_ ate the Use by Special - Review Permit` - 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 26th day of March, A D , 2025' _ - [Insert Resolution Attestation Block Post Meeting] 2025-0779 PL2948 Jessica Reid s_ )j ect: Attachments: FW: DRAFT RESO, USR24-0026, CAW EQUITIES, LLC, C/O READY MIXED CONCRETE, LLC (BOCC 032625) USR24-0026 PW Referral REVISED 3 25 2025.pdf; RE250779 redlined.docx From: Melissa King <mking@weld.gov> Sent: Wednesday, March 26, 2025 3:15 PM To: Jessica Reid <jreid@weld.gov>; Maxwell Nader <mnader@weld.gov> Subject: RE: DRAFT RESO, USR24-0026, CAW EQUITIES, LLC, C/O READY MIXED CONCRETE, LLC (BOCC 032625) After much consternation, a different strategy seems appropriate for this one. Specifically, the DR Referral has been revised (attached) and the draft Reso has been revised (attached). Let me know what else - thanks for your patience Melissa COUNTY, CO Melissa J King, PE, CFM Department of Planning -Weld County 1402N 17' Avenue Greeley, CO 80632 )-400-3762 Jain Our Team IMPORTANT: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 MEMORANDUM TO: Maxwell Nader, Planning Services FROM: Melissa J King, PE, CFM Development Review DATE: December 4, 2024 SUBJECT: USR24-0026 Caw Equities LLC REVISED 3/25/2025 The proposal has been reviewed on behalf of the Weld County Department of Public Works and the Department of Planning and Zoning. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS GENERAL PROJECT INFORMATION/LOCATION Project description: A Site -Specific Development Plan and Use by Special Review Permit for Open Mining and Processing of Minerals (Aggregate Mining and Batch Plant) in the A (Agricultural) Zone District. This project is north of and adjacent to CR 42 and is east of and adjacent to SH 60. Parcels: 10570000019 Lot B RE -3000, 105720000014, 105720000015, 105720000020, 105720300022, 105720300021. (Parcel Number Corrected) Access onto SH 60, a -n -et CR 44, CR 42, and CR 29. ACCESS Development Review has reviewed the application materials related to access. The application materials propose that the main site entrance use the existing residential access point onto SH 60. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to state highways. Please contact CDOT to verify the access permit or for any additional requirements that may be needed. (State Highway 60). Please include all three representatives in your request. CDOT Contacts: Mr. Tim Bilobran - timothy.bilobran(a�state.co.us Ms. Allyson Young - allvson.young@state.co.us Mr. Mike Shepherd — mike.shepherd@state.co.us Ms. Rose Valdes — rose.valdes@state.co.us Parcel 105720000015 has one permitted access point onto CR 44 (AP22-0013 — Industrial). The application materials state that "This access will be used for initial site start up and maintenance at the site, but will not be the main commercial access." This access shall be upgraded, as needed, to meet all Code requirements. Parcel 105720300022 has three unpermitted existing accesses onto CR 42: • �85 feet east of the intersection of CR 42 and SH 60. It appears to be associated with an oil and gas facility. • 2,200 feet east of the intersection of CR 42 and SH 60. It appears to be associated with the Western Mutual Ditch. • 2,640 feet east of the intersection of CR 42 and SH 60. The draft USR map included in the application does not include these accesses; and they were not mentioned in the application. Therefore, they may be required to be closed and reclaimed. Parcel 10570000019 has two unpermitted existing accesses — one onto CR 42 and one onto CR 29: • 2,650 feet east of the intersection of CR 42 and SH 60. • 1,865 feet north of the intersection of CR 29 and CR 42. It appears to be associated with the Western Mutual Ditch. The draft USR map included in the application does not include these accesses; and they were not mentioned in the application. Therefore, they may be required to closed and reclaimed. Parcel 105720000020 has two unpermitted existing accesses onto CR 29: • 1,965 feet north of the intersection of CR 29 and CR 42. It appears to be associated with the Western Mutual Ditch. • 2,465 feet north of the intersection of CR 29 and CR 42. It appears to be associated with an irrigation pond. The draft USR map included in the application does not include these accesses; and they were not mentioned in the application. Therefore, they may be required to be closed and reclaimed. Parcel 105720000014 has many unpermitted, extended access areas onto CR 29 and CR 44. The draft USR map included in the application does not include these accesses; and they were not mentioned in the application. Therefore, they may be required to be closed and reclaimed. All existing unpermitted access points will be reviewed during the USR map review. ROADS AND RIGHTS -OF -WAY AND BRIDGES The property is bounded by State Highway 60. Contact the Colorado Department of Transportation (CDOT) to determine what right-of-way shall be shown on the submitted plat. Reference the documents creating the right-of-way. Please contact Tim Bilobran at the Greeley office, phone number: 970-350-2163. The project area is bounded on the north by CR 44. CR 44 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as an arterial road, which requires 140 feet of right-of-way. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Sec. 23-1-90, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. The project is bounded on the east by CR 29. County Road 29 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Sec. 23-1- 90, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. The project is bounded on the south by CR 42. County Road 42 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Sec. 23-1-90, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. TRAFFIC A preliminary Traffic Impact Study, dated February 14, 2025, has been submitted. A Final Traffic Impact Study, stamped and signed by a professional engineer licensed in the State of Colorado is required. TRACKING CONTROL Tracking control is required to prevent tracking from the site onto public roadways. For access to paved roads, tracking control devices can be double cattle guards with 100 ft. of asphalt or 300 ft of asphalt. For access to gravel roads, tracking control devices must be either double cattle guards with 100 ft. of road base, or road base on all driving surfaces. Temporary Tracking Control shall be used during construction unless permanent tracking control is installed ahead of construction activities. Recycled concrete is not allowed in County right-of-way. Tracking control for unmaintained public right-of-way is required just prior to entering publicly maintained roadways. A variance request for alternatives to the tracking control requirement can be submitted to Development Review for review and consideration. This site requires double cattle guards and 100 ft. of asphalt or 300 ft. of asphalt. IMPROVEMENTS AGREEMENT FOR UP -FRONT IMPROVEMENTS Development Review is requesting an Improvements and Road Maintenance Agreement for up -front With Triggered Off -site Improvements. The triggered off -site improvements will be at the main site access onto SH-60 and at the initial/maintenance site access onto CR 44 and at all the other access points onto CR 44, CR 42, and CR 29 that will be permitted in association with this project. Also, the Agreement will have triggered improvements on the proposed haul routes that will be on Weld County roads. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. Additional improvements may be included depending on the Final Traffic Impact Study. Improvements/Road Maintenance Agreement: An example agreement is available at: https://www.weldgov.com/UserFiles/Servers/Server 6/File/Departments/Public%20Works/DevelopmentR eview/USR-SPR-Permits°/020Improvements%20Agreement°/020Template.pdf. It will detail the approved haul routes and outline the required up -front off -site improvements. DRAINAGE REQUIREMENTS This area IS within a Non -Urbanizing Drainage Area: Non -Urbanizing Drainage Areas typically require detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 10 -year storm falling on the undeveloped site for NON - URBANIZING areas. A preliminary drainage report was submitted. An accepted Final Drainage Report and Certificate of Compliance, signed and stamped by a professional engineer licensed in the State of Colorado is required. has been accepted. Historic Flows: The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from the property. GRADING PERMIT A Weld County Grading Permit will be required if disturbing more than 1 acre. A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575. If more than 1 acre is to be disturbed for construction of non -gravel pit items such as structures, parking lots, laydown yards etc, a Weld County grading permit will be required prior to the start of construction. Grading Permit applications are accepted after the planning process is complete (plan recorded). An Early Release Request Form may be entertained only after the applicant, Planning Department have reviewed the referral and surrounding property owner comments. The Early Release Request may or may not be granted depending on referral comments and surrounding property owner concerns. Contact an Engineering representative from the Development Review for more information. CONDITIONS OF APPROVAL A. An acceptable Final Traffic Impact Study, signed and stamped by a professional engineer licensed in the State of Colorado, is required. (Development Review) B. An acceptable Final Drain professional engineer licensed in the State of Colorado, is required. (Development Review) C. An Improvements and Road Maintenance Agreement is required for triggered up -front off -site improvements at the main site access onto SH-60 each of the site access points, to include and at the initial/maintenance site access onto CR 44. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. The Agreement shall include provisions ral, and teati�g a-nd approval of completed improvements. (Development Review) D. The USR map shall be amended to delineate the following: 1. Show the Colorado Department of Transportation (CDOT) right-of-way for Hwy 60 on the map along with the documents creating the right-of-way. (Development Review) 2. County Road 44 is a paved road and is designated on the Weld County Functional Classification Map as a arterial road which requires 140 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and 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) 3. County Road 42 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and 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) 4. County Road 29 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 site map or plat the future and 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) 5. Show and label the proposed initial/maintenance access location onto CR44, along with all other existing access locations onto CR 29, CR 42, and CR 44. Include the approved access width and the appropriate turning radii on the site plan. As appropriate, label accesses as "Close and Reclaim." Access specifics will be reviewed during the review of the USR map. (Development Review) 6. Show and label the approved tracking control on the site plan. (Development Review) 7. Show and label the entrance gate(s) 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) $. If applicable, show and label the It volume. (Development Review) ,) 9. Show and label the drainage flow arrows. (Development Review) II include the calculated 10. Show and label the approved main site access location onto SH 60. Include the access permit number. (Development Review) PRIOR TO CONSTRUCTION: A. Obtain a Weld County Grading Permit, if more than one (1) acre is to be disturbed for construction outside of the gravel mining area. (Development Review) B. Obtain all required access permits from Weld County and CDOT. (Development Review) C. Construct the approved tracking control. (Development Review) DDI(1D T!1 11DCDATIP1tl to operation. (Development Review) DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. 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) 2. The accesses to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Development Review) 3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Development Review) 4. 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) 5. The Property Owner shall comply with all requirements provided in the executed Improvements Agreement. (Development Review) 6. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. (Development Review) {Development Review) 8. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) Draft Resolution Approve Use by Special Review Permit, USR24-0026, for Open Mining and Processing of Minerals (aggregate mining and batch plant) in the A (Agricultural) Zone District — CAW Equities, LLC, c/o Ready Mixed Concrete, LLC 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 26th day of arch, 2025, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of CAW Equities, LLC, 8301 East Prentice Avenue, Suite 120, Greenw;•;od Village, Colorado 80111, c/o Ready Mixed Concrete, LLC, 2500 East Brannan Way, Denver, Colorado 80229, for Use by Special Review Permit, USR24-0026, for Open Mining and Processing of Minerals (aggregate mining and batch plant) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot B Recorded Exemption RE -3000; being part of the SE1/4; /4; part of the SW1 /4 and the N1/2 all of Section 20, Township 4 North, Range 66 West of the 6th P.M., e0d County, Colorado Whereas, at said hearing, the appEicant was present/represented by [Representative], [Representative Address], and Whereas, Section 23-2-230 of the V1eld County Code provides standards for review of said Use by Special Review Permit, and Whereas, the Board of County Commissioners heard a00 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 23-2-230.8 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 c•de provisions or ordinance in effect. 1) Section 22-2-60.B states: "Support responsible energy and mineral development." The County recognizes that mineral resource extraction is an essential industry. The availability and cost of materials such as sand and gravel, have an effect on the 2025-0779 P L2 94 8 Use by Special Review Permit, USR24-0026 — CAW Concrete, LLC Page 2 - Draft q u ities, LLC, Ready Mixed successfulness of general construction of County Roads (CR) and regional highway construction industries. The agricu➢t.,ral lands associated with the surface estate is underlain with a known viable aggregate deposit. With the completion of mining, the sitrk will be reclaimed as gricLOtural lands, wild ife habitat end water storage reservoirs. Commercial mineral deposits known to be located in the County include sand and gravel, coal and uranium. High -quality sand and gravel deposits in the County are found alone major drainage ways. According to the Weld County Sand, Grave Resources Map, dated ,.duly d , `975, the mine area is c➢assified as Stream Terrace Deposits — Fine Aggregates, including sands ranging from coarse gravelly stream sands to fine grained wind deposited dune sands. 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 located east of and adjacent to State Highway 60 and south of CR 44. The ingress and egress for the aggregate processing facility is proposed off of State Highway 60. Para, #105720000015 has one (1) permitted access point onto CR 44 (AP22-0013 — Industrial). The application materials state the access will be used for injtia➢ site start up and maintenance, but will not be the main commercial access. This access shalt) be upgraded, as needed, to meet all Code requirements. In addition to the 14 employees working at the site, the prima source f additional visits will be truck drivers receiving loads for delivery off -site. The aggregate operation is estimated t,• generate up to 1,040 trips per day, or 520 outbound loaded trucks. The concrete and asphalt plants are estimated to generate up to 762 daily trips or 381 outbound trucks. Others visiting :he site inc_ude vendors, mechanics, inspectors and ethers with occasional business at the site. The facility is not open to the general public. The Colorado Department of Try nsportation (CDOT), in an email response dated January 27, 2025, stated a CDOT permit will be required, whether for direct highway access, or in -direct access. The Department of Planning Services — Development Review, in their referral dated D-cember 4, 2024 (Revised March 25, 2025), is requiring a Fina raffic Impact Study, stamped and signed by a Professional Engineer, registered in the State of Colorado, to address impact to the area roads. Also required is an Improvements and ®ad Maintenance Agreement with triggered off -site improvements, and road maintenance. Road maintenance includes, 2025-0779 PL2948 Use by Special Review Permit, USR24-0026 — CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Page 3 - Draft but is not limited to, dust control and damage repair to specified haul routes. The Improvements and Road Maintenance Agreement is a Condition of Approval to be accepted by the Board of County Commissioners, prior to recording the USR map. B. Section 23-2-230.B.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 parcels are zoned A (Agricultural), and the proposed project is listed as an aggregate mine, permitted in the A (Agricultural) Zone District, as detailed in this Use by Special Review (USR) permit application, and in the Weld County Code. 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." 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 USR outside of subdivisions and historic townsites. C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible with the existing surrounding land uses. Zoning in the area surrounding the site is A (Agricultural). There are multiple USR permits within a one (1) mile of the site, including aggregate mining and oil and gas development. The end use, agricultural lands, wildlife habitat and water storage, is consistent with the adjacent uses in the surrounding area. The adjacent lands within one (1) mile of the property boundary consist of agricultural uses, aggregate mining, rural residences, oil and gas operations and large tract irrigated and dryland agricultural operations. To the north is USR-1009, for a recreational paintball facility; USR-1354, for aggregate mining and a concrete batch plant; and USR-983, for a salvage yard and sales. To the west is USR22-0030, for an open mining gravel pit; and USR-1183, for a high-pressure gas line for the Public Service of Colorado. To the east is USR-1185, for a machine repair shop. To the south is USR14-0014, for an oil and gas support and service facility; USR-839, for a commercial greenhouse; USR13-0039, for an automobile business; USR21-0004, for a solar energy facility; and USR18-0071, for a construction storage yard. Planning staff is also aware of pending aggregate and soil mines, currently in review at the State, to the south of the site. The Town of Milliken's 2025-0779 P L2948 Use by Special Review Permit, USR24-0026 — CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Page 4 - Draft municipal limit is within one (1) mile west of the proposed mine site and the Town of Gilcrest is about one -quarter (1/4) mile to the east. The Weld County Department of Planning Services sent notice to 50 surrounding property owners (SPOs) and no written correspondence or telephone calls were received about the application. The Conditions of Approval require that the applicant submit an accepted Emergency Action and Safety Plan and an accepted Road Maintenance and Improvements Agreement (for roads and traffic). The Noise Abatement Plan has been submitted and reviewed. Environmental Health Services, in their referral dated December 9, 2024, stated noise is restricted to the level allowed in the Industrial Zone District and noise levels are measured 25 feet from the property line. The application materials contain a Noise Management Plan, conducted by Behrens and Associates, Inc., which indicated the industrial level can be met 25 feet from the property boundary. The conclusion in the report states the results of the noise modeling indicate that the Section 20 mining and processing operations, for all modeled phases, are predicted to comply with the allowable Industrial Colorado Revised Statute (CRS) noise limits at all modeled receptor locations. Adherence to the Noise Modeling Report is required. There will be fuel storage, which will require compliance with state regulations, and a Spill Prevention, Control, and Countermeasure (SPCC) Plan may be required depending on tank storage size. An Air Pollutant Emissions Notice (APEN) Permit from the state is required and will address dust control for mining operations, haul roads, and any sand and gravel processing equipment. The application indicates an APEN has been submitted to the state. The Conditions of Approval also require a Decommissioning Plan, Lighting Plan, Communication Plan, Screening Plan and an approved Access Permit for State Highway 60, and any associated off -site improvements, as required by CDOT, to ensure safety to the travelling public, and 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 a three (3) mile referral area of four (4) municipalities, the City of Evans and the Towns of Milliken, Platteville and Gilcrest. The proposed mine is located within the Weld County Coordinated Planning Agreement areas of the City of Evans, and the Towns of Milliken, Platteville and Gilcrest. The City of Evans returned a Notice of Inquiry (NOI) form dated July 13, 2023, which stated the area is 2025-0779 PL2948 Use by Special Review Permit, USR24-0026 — CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Page 5 - Draft beyond their urban growth boundary and is ineligible for annexation. The Town of Platteville returned a NOI form dated July 13, 2023, which stated the development area is outside (north) of the Town of Platteville's Growth Boundary. The Town of Gilcrest returned a NOI form dated July 17, 2023, which stated the Town Board and staff met with Lembke/Red Tierra several times in 2022 regarding annexation. Lembke sent an email on July 12, 2023, which stated he wanted to start the annexation process again; however, an Annexation Petition has not yet been received by the Town of Gilcrest. The Town of Milliken did not respond to a NOI form. All four (4) municipalities did not respond to the referral request. A mutual letter from the Towns of Gilcrest and Platteville, dated December 11, 2023, (in response to PRE23-0271, which eventually became USR25-0002) mentioned the future development of two (2) additional proposed mining operations, being the 790 -acre Monarch-Denm Gravel Mine (USR22-0030) and the 596.55 -acre Section 20 Gravel Mine (USR24-0026 — formally known as Red Tierra), which were within the Town of Gilcrest's Urban Grown Boundary, along with a substantial portion of the Monarch-Denm Gravel Mine falling within the Towns of Platteville and Gilcrest Coordination area. The towns shared concerns regarding environmental and transportation impacts, adverse impacts on the Town of Gilcrest's groundwater levels, and the loss of land area designated for future development in alignment with their community's vision for future. The letter requested both future mines (USR22-0030 and USR24-0026) be annexed into the Town of Gilcrest. USR22-0030 was approved by the Board of County Commissioners on April 26th, 2023. The proposed gravel mine is located within the Town of Gilcrest's Urban Growth Boundary and the Platteville-Gilcrest Coordination area, as depicted in the 2011 Intergovernmental Agreement between the Towns of Gilcrest and Platteville. As such, the Town of Gilcrest submitted a formal referral response in coordination with the Town of Platteville. The proposed mine site is located outside of the City of Evans' Future Land Use Map of 2022, the Town of Platteville's Urban Growth Boundary, as defined in their 2023 Comprehensive Plan, and the Town of Milliken's Future Land Use Plan, as defined in their 2023 Comprehensive Plan. The proposed mine is identified in a low -density residential area and in Tier 2 and Tier 3 of the Town of Gilcrest's growth priority tiers, per the 2017 Town of Gilcrest's Framework Plan. The applicant had further discussions with the Town of Gilcrest regarding the signed NOI form dated July 17, 2023. The Town of Gilcrest and the applicant have both decided to try to come to an agreement on annexation. Both agree that the Town of Gilcrest does not have the bandwidth to permit the site and prefers the Section 20 2025-0779 PL2948 Use by Special Review Permit, USR24-0026 — CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Page 6 - Draft Gravel Mine go through the USR process, prior to annexation. Per the Town of Gilcrest's referral dated February 21, 2025, an application for annexation was received by the Town of Gilcrest and is currently in the completeness review stage of the development review process. The town staff and consultants will coordinate with the owner's engineer to schedule a meeting to discuss the annexation submittal requirements, including the annexation petition, annexation map, annexation impact report, etc. The objective is to obtain a complete annexation application, or enough information to enter into a Pre -Annexation Agreement. E. Section 23-2-230.B.5 — The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is not located within any overlay district officially adopted by the County, including A -P (Airport) Overlay District, 1-25 Overlay District, Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer System area, Special Flood Hazard 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 — If the use is proposed to be located in the A (Agricultural) Zone District, the applicant has demonstrated a diligent effort to conserve Prime Farmland in the locational decision for the proposed use. The proposed mine site is located on 631 acres with 77% of it being considered soils that are Prime farmland if irrigated and 0.4% being Farmland of Statewide and Local Importance, per the NRCS Soil Survey for Weld County. Post mining, the land will be reclaimed back to seven (7) water storage reservoirs, which will assist with creating a wildlife habitat and water storage for agricultural lands in the area. The Western Mutual Ditch bisects parts of the land and is planned to remain in place. Each phase will continue to be farmed while mining is occurring in other phases. As stated, the properties contain some Farmland of Statewide and Local Importance; however, the property also contains a commercial mineral deposit, which state statutes say must be protected from development. The Weld County Comprehensive Plan also protects these lands from uses interfering with extraction of sand and gravel. Mineral extraction will provide economic revenues for Weld County from the land and will not interfere with the agricultural productivity of surrounding properties. Colorado Revised Statute provides for the extraction of mineable resources prior to any surface development. 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 2025-0779 PL2948 Use by Special Review Permit, U S R24-0026 — CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Page 7 - Draft 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 (sand, gravel, stone, and overburden) and processing of minerals. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the application of CAW Equities, LLC, c/o Ready Mixed Concrete, LLC, for Use by Special Review Permit, USR24-0026, for Open Mining and Processing of Minerals (aggregate mining and batch plant) 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 acceptable Final Traffic Impact Study, signed and stamped by a professional engineer, licensed in the State of Colorado, is required. B. An Improvements and Road Maintenance Agreement is required for triggered off -site improvements at each of the site access points, to include the initial/maintenance site access onto CR 44. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. (Development Review) B7C All On -site Wastewater Treatment Systems (OWTS) on the property must have the necessary permits and documentation from the Weld County Department of Public Health and Environment. The Environmental Health Division of the Weld County Department of Public Health and Environment was unable to locate an OWTS Permit for the property at 20857 County Road 29. Any OWTS not currently permitted or documented by the Weld County Department of Public Health and Environment will need to undergo an OWTS Evaluation before the required permit or documentation can be issued. If the system is found to be inadequate, it must be brought into compliance with current OWTS regulations. G. D The applicant shall submit a copy of the water service for 20857 County Road 29. 2025-0779 PL2948 Use by Special Review Permit, U S R24-0026 — CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Page 8 -Draft D. E The applicant shall submit evidence of a Pre -annexation Agreement between the Town of Gilcrest and the applicant, and Weld County will not take part in said Agreement. .F The applicant shall address the Town of Gilcrest's request for approval of the proposed groundwater mitigative measures, as stated in the referral dated February 23, 2025. Written evidence of such shall be submitted to the Weld County Department of Planning Services. F.G The applicant shall address the requirements of CDOT, as stated in the referral dated January 27, 2025. Written evidence of such shall be submitted to the Weld County Department of Planning Services. G.H Nil The applicant shall acknowledge the recommendations of the Weld County Oil and Gas Energy Department, as stated in the referral dated November 13, 2024. Written evidence of such shall be submitted to the Weld County Department of Planning Services. The applicant shall acknowledge the comments from the State of Colorado, Division of Water Resources, as stated in the referral dated December 2, 2024. Written evidence of such shall be submitted to the Weld County Department of Planning Services. f.J The applicant shall acknowledge the comments from the State of Colorado, Division of Wildlife, as stated in the referral dated November 25, 2024. Written evidence of such shall be submitted to the Weld County Department of Planning Services. J.K The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR24-0026, 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 All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. 2025-0779 PL2948 Use by Special Review Permit, USR24-0026 — CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Page 9 - Draft 6. The map shall delineate the parking area for the mine vehicles, mine equipment, vendors, and employees. The applicant shall show and label all recorded easements by book and page num ber and date. BELOW g7. The applicant shall show and label all recorded easements and rights -of -way by book and page number or Reception number and date. 08. The applicant shall show the CDOT right-of-way for State Highway 60 on the map, along with the documents creating the right-of-way. 109. CR 44 is a paved road and is designated on the Weld County Functional Classification Map as an arterial road, which requires 140 feet of right-of-way at full buildout. The applicant shall delineate and label the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road on the site map or plat. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 1110. CR 42 is a paved road and is designated on the Weld County Functional Classification Map as a collector road, which requires 80 feet of right-of-way at full buildout. The applicant shall delineate and label the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road on the site map or plat. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 1211. CR,_ 29 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 future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road on the site map or plat. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 1312. The applicant shall show and label the proposed initial/maintenance access location onto CR 44, along with all other existing access locations onto CR 29, CR 42, and CR 44. Include the approved access width and the appropriate turning radii on the site plan. As 2025-0779 PL2948 Use by Special Review Permit, USR24-0026 — CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Page 10 - Draft appropriate, label accesses as "Close and Reclaim." Access specifics will be reviewed during the review of the USR map. 1413. The applicant shall show and label the approved tracking control on the site plan. X14. The applicant shall show and label the entrance gate(s), 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. 1--615. The applicant shall show and label the approved main site access location onto State Highway 60 and include the Access Permit number. 1716. 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 fie shall be added for each additional three (3) month period. 4 Prior to Construction: A. 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 Obtain all required Access Permits from Weld County and CDOT. G Construct the approved tracking control. 2025-0779 PL2948 Use by Special Review Permit, USR24-0026 — CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Page 11 - Draft D. The applicant shall submit an ALTA survey that identifies all subsurface utilities. 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. B. The applicant shall submit written evidence that the Financial and Performance warranty has been submitted to, and accepted by, the Division of Mining, Reclamation 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. D. The applicant shall complete all up -front access and haul route improvements, required by CDOT. Written evidence of CDOTs acceptance shall be submitted to the Weld County Department of Planning Services. 6. The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any Building or Electrical Permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved Use by Special Review Permit Development Standards CAW Equities, LLC, c/o Ready Mixed Concrete, LLC USR24-0026 1. Use by Special Review Permit, USR24-0026, is for Open Mining and Processing of Minerals (aggregate mining and batch plant) in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. 2025-0779 PL2948 Use by Special Review Permit, USR24-0026 — CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Page 12 - Draft 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 M2022-001. 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 Director of the Weld County 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 up to 20, as stated in the application. 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, 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. 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 Fire District and the Weld County Office of Emergency Management to the Department of Planning Services. 12. The property owner or operator shall maintain compliance with the accepted Communications Plan. 2025-0779 PL2948 Use by Special Review Permit, USR24-0026 — CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Page 13 - Draft 13. 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. 14. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 15. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 16. 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. 17. The Property Owner shall comply with all requirements provided in the executed Improvements Agreement. 18. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. 178. Weld County is not responsible for the maintenance of on -site drainage related features. 189. The historical flow patterns and runoff amounts on the site will be maintained. a -92Q. 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. 291. 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. 21-2. Waste materials s -hall 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. 223. 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. 234.. 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 2025-0779 PL2948 Use. by Special Review !"er Concrete, LLC Page 14 - Draft it, U S R24-0026 — CAW Equities, LLC, c/o Ready iced Division of the Colorado Department •f Public Health, and Environment, as applicable. 245. The facility shaVO adhere to the maximum permissible noise leve9s allowed in the IndustriaE Zone as delineated in C.R.S. §25-12-103. The facility shall operate in accordance with the accepted Noise Modeling Report. 2-56. The operation shall remove, handle, and stockpile overburden, sand, soil, gravel from the facility area V a manner that prevents nuisance conditions. 267. Adequate drinking, handwashing and toilet facilities s:iall be provided for employees and patrons of the facility, at all times. Portable toilets and batted water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sannitizers, contaii hand sanitizers, and be screened from existing ad_acent residential properties and public rights -of -way. 278. Any On -site Wastewater Treatment System (OWTS) located on the property must comply with all provisions of tie Weld County Code, pertaining to OWLS. 289. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges, in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 2930 A Colorado Discharge Permit System (COPS) from the Colorado Department of Public Health and Environment (CDPHE), Water QuaVity Control Division, shall be obtained as app9icable. 301. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations, as applicable. .,t#r r 31-2. A current, Professional Engineer certified and signed copy of the Spill Prevention, Control and Countermeasure Plan shall be available onsite, as required. 323. All chemicals muse 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. 334. The facility shall be operated in a manner to prevent odors. Odors detected offsite shall not equal or exceed the level of fifteen -to -one diluti•n threshold, as measured, pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. Additional controls shall be implemented at the request of the Weld 2025-0779 PL2948 Use by Special Review Permit, USR24-0026 — CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Page 15 - Draft County Department of Public Health and Environment in the event odor levels detected offsite of the facility meet or exceed the level of fifteen -to -one dilution threshold, or in the judgment of the Weld County Health Officer, there exists an odor condition requiring abatement. And Renumber the Rest 34. The operation shall comply with all applicable rules and regulations of the Colorado Division of Reclamation, Mining and Safety. 35. The operation shall comply with the Mine Safety and Health Act (MSHA). 36. The facility shall notify the County of any revocation and/or suspension of any state -issued permit. 37. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 38. 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. 39. 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, 2020 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. 40. 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. 41. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 2025-0779 PL2948 Use by Special Review Permit, USR24-0026 — CAW Equities, LLC, c/o Ready Mixed Concrete, LLC Page 16 - Draft 42. All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700, as amended. 43. 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. 44. 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. 45. 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. 46. 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. 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 26th day of March, A.D., 2025: [Insert Resolution Attestation Block Post Meeting] 2025-0779 PL2948 SITE ACCESS • • • • f1r'r I II • (T. 17.'O IP\r. II • i '\ ; j! \i r: (( • O r. t rr``i i > ,,.// ��/;, PI :PM War 'alb Oak' at;Xtt< to 14�l.�64C[ area ItCQ4! arams. 9: 2 years islet WU Met Mel PW-ASOD rep s, v>!. sa„ut maw 194mt 1101 t sat 91 i8 Mit uv warm% <a EditWM" 5: 2 years 6: 4 years rd+" to Sari $iiit tare ie Win.:tsIIPPWw.i- 749�ac*� c t5i>gr;a n n. 011.4 MAE Pill ■ ours of operation rThi U 1 umber of cells: ined e0 4, Mond q Saturday duri ng daylight Tsoil bentonite siurry mall lined Ilaxpected(7-7\ Rat- a si fl i 1 Vg Aning I proc,,Hil j Th �� lc mutely 20 yea,AJ te.) finish a o ----Ail fir. o g Q 1\1 L� I pan t, n( :F. Pi"::c: rtiithatit !.eitt:ti,441/2 krt altiia lC^! r-vr>•a '4147!_. l4MtriffG 3.3 ACT! . Iite{.Sal.-`filth LCCATIO1 writ surfrn rurg,irn z, nip anSI MAP_ I tl 1111 , SW Division os a on inspai8 an undord AL ma it ilia S. ✓i . a ma Ea • a,air a▪ mieSaaaiaft& atilt Me ICSiii fib liMINI41 I! AC r >,1c-aomeirti=t c� as s ,a4 1�, s s xs a � = s � a a ei s �i � f�i si f� = Mk Air 11 ,!. 1 SO O ; 'I 1 1 h t 'I 60.d SSG 5( Noise Level! dBA Figure 5-7 Scenario 3 Section 20 Gravel Mine CELL 5 Phase 4 oise Contour ontour Map ,d BA) ri 3030 i 3540 40.0 _ 45a0 rr 50.0 • 55.0 • 60.0 • 65,x! • 70.0 ▪ 7550 8030 8530 (1;0 400 NO t200 teet P . GAnalyzed J 13965 CR 42 BERM 4'-B TALL BERM WCR 42 PROPOSED SLURRY WALL PATRIDGE RESIDENCE 13965 COUNTY ROAD 42 PLATfEVILLE, CO 80651 EXISTING 3U -FT GASLENE EASEMENT BERMING PRUNE DEAD OR DAMAGED BRANCHES PRIOR TO PLANTING. IF FORM IS COMPROMISED BY PRUNING, REPLACE SHRUB. SPACE PLANTS AND SET PLUMB FOR BEST EFFECT. MOUNDCOMPACTED BACKFILL UNDER ROOTB.ALL OR SET oN UNDISTURBED SOIL. REMOVE ,ALL CONTAINERS,. BASKETS, WIRE ETCH, FROM R0OTBALL SHRUB PLANTING DETAIL PLAIT SHRUBS SEE DETAIL BELOW OPEN LAE PLCIAIK ls≤ili PLAINT Cif& DIAMETER 2-3 X'S BALL 4ANN 14:1 SLOPE TO MEET GRADE AT TOP OF BANK. RYLAND SEED. 3" DEER SHREADED CEDAR MULCH INSIDE SAUCER FOR ALL SHRUBS PREPARED BACKFILL MIXTURE: 1. ONE PART COMPOST OR APPROvED EWA _ 2. TwO PARTS TOPSO L. 3. THREE PARTS NATIVE SOIL_ 4. MATERIALS TO BE THOROUGHLY BLENDED, 13721 CR 42 BERM err tr#12; hif OPOSED LOCA D■ a me' if,JHJ ALL BERM r Il �_ ■ HARDING RESIDENCE 13721 COUNTY ROAD 42 PLATTEVILLE/ CO 8©651 REQUIRED PERMITS ► Colorado Division of Reclamation, Mining and Safety 1 12 Reclamation Permit ► Weld County Use By Special Review ► Colorado Discharge Permit ► Colorado Department of Public Health and Environment Air Emissions Permit ► Colorado Department of Water Resources Substitute Water Supply Plan ► Colorado Department of Transportation Access Permit ► Spill Prevention, Control and Countermeasures Plan(EPA) Do G • + 1 1PORPORPmr-AK-6- 'mar ae" 14:r' demll FL garb 'n AIMIPAIMORPOLIWOMMIi 1 t wernorm Ci' '1 if 6ii !Sw RECLAMATION e la gnat n 10 h ( o10 e In "^tier :.End land use is below grade water �� ra :� c I eft' e ii rov nut: 47; to tie surro r ter: area is BENEFITS TO WELD COUNTY I 'r c _ _ f :f \ Y o�F`, I I'. .' S`:� �� _,1 I .� a C C r , yn II I r� L' "drrI'>_ a`.-. �'`is EXHIBIT COUNTY, CO MEMORANDUM To: Board of County Commissioners From: Maxwell Nader, Planning Manager Date: April 22, 2025 Re: USR24-0026 Conditions of Approval Staff is recommending adding and modifying conditions of approval and addition of development standards for USR24-0026. The addition of 1.B which reads: 1. Prior to recording the map: B. An Improvements and Road Maintenance Agreement may be required for triggered off -site improvements based on the final stamped and approved Traffic Impact Study. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. And the modification of conditions of approval #1.E and #1.F which read: 1. Prior to recording the map: E The applicant shall submit evidence of a Pre -annexation Agreement between the Town ofGilcrest and the applicant, and Weld County will not take part in said Agreement. F The applicant shall address the Town of Gilcrest's request for approval of the proposed groundwater mitigative measures, as stated in the referral dated February 23, 2025. Written evidence of such shall be submitted to the Weld County Department of Planning Services. The modification would read in the following manner and now be condition of approval #1.E. E. The applicant shall address the comments of the Town of Gilcrest, as stated in their referral dated February 23, 2025, including a prospective Pre -annexation Agreement and a request for approval of proposed groundwater mitigation measures. Written evidence of such shall be submitted to the Weld County Department of Planning Services. The addition of the following development standards: 17. The property owner shall comply with all requirements provided in the executed Improvements Agreement, if required. 18. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates, if required. Page 1 Jessica Reid Subject: Attachments: Patridge Presentation USR24-0026 Presentation.pptx From: debbiepatridge@gmail.com <debbiepatridge@gmail.com> Sent: Tuesday, April 22, 2025 2:18 PM To: Maxwell Nader <mnader@weld.gov>; Michael Patridge <patridgem@yahoo.com>; debbiepatridge@gmail.com Subject: Re: Patridge Presentation USR24-0026 This Message Is From an Untrusted Sender You have not previously corresponded with this sender. Use extra caution and avoid replying with sensitive information, clicking links, or downloading attachments until their identify is verified. Hi Maxwell, Let us know if you are able to open or not. Thank you. Debbie Patridge 303-601-1330 DebbiePatridge@gmail.com From: Maxwell Nader <mnader@weld..gov> Date: Tuesday, April 22, 2025 at 11:35 AM To: Michael Patridge <patridgem@yahoo.com> Cc: Debbie Patridge <DebbiePatridge@gmail.eom> Subject: RE: Patridge Presentation USR24-0026 Mike, I am unable to open the presentation. Can you try resending it? Best, �- 186 i COUNTY. CO Maxwell Nader Planning Manager Dept. of Planning Services Desk: 970-400-3527 1402 N 17tr' Ave. Greeley, CO 80632 X CD Join Our Team IMPORTANT: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from 1 disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Michael Patridge <patridgem@yahoo.com> Sent: Tuesday, April 22, 2025 11:31 AM To: Maxwell Nader <mnader@weld.gov> Cc: Debbie Patridge <DebbiePatridge@gmail.com> Subject: Patridge Presentation USR24-0026 This Message Is From an Untrusted Sender You have not previously corresponded with this sender. Use extra caution and avoid replying with sensitive information, clicking links, or downloading attachments until their identify is verified. Hello Max , I am hoping that you can help me out with my presentation tomorrow I have attached it to this email. It's a PowerPoint so I'm not sure how I will navigate through it. Do you do that or is there a remote I can use? Thank you, Mike Patridge 303-974-8609 > > > 2 Potential Gravel Pit Surroundin rn _ a!•.. i ��_.. _ tat � �t .r :a-��fi tie Vic. _ .� �! llRWM!e roc a@, .t -yr 'arr. 11am 4j..rs-01.7140Wilc."' _ . s- �,, � G *� ( '1 1 i dr ' �! r ^� . ThePhotc+ by PhotoiALIthor is licensed LIrider CCYYS:A. I ♦.. rip s. - / ': 'ice ..i- . Sp I= _ - -. ' la . w •.. a .� t ♦'� n z r I min ,114``a • • ..rrrmirise ri 1:r •t fir_—ta -•4 kJ• 3l• 7 F r c'. p %t . 1: rY ynV _i �: appiwrir —114 n . T I� i I 4'T a� 1•! r s 4- IL I Alb Y 1 t. w - R a. • • i i i i i i Rivl PL ` N PRJNE READ oft OAMA._D BRANCHES PRIOR ?O PLAk11Nr. IF FORM IS COMPROMISED BT PRUNING. REPLACE SHRUB SPACE PLANTS AND SET FLUME fOR BCST Ersti T %TWO COMPACTED BACKFRl MNDER ROOTBALL. OR SET C11 UNOI$TURBED SOIL. REMOVE ALL CONTAINERS. BASKCE^S, WIRE ETC. 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Than you MIKE AND DEBBIE PATRIDGE TOM WHITMILL Hello