HomeMy WebLinkAbout20251036.tiffHearing Certification
Docket No. 2025-20
Board of County Commissioners
Weld County, Colorado
Use by Special Review Permit, USR25-0001, for Open Mining and Processing of
Minerals (sand mining and processing plant) in the A (Agricultural) Zone District —
Wells Ranch, LLLP, c/o Colorado Sand Company II, LLC
A public hearing was conducted on April 23, 2025, at 10:00 a.m., with the following
present:
Commissioner Perry L. Buck, Chair
Commissioner Scott K. James, Pro-Tem
Commissioner Jason S. Maxey
Commissioner Lynette Peppler
Commissioner Kevin D. Ross
Also present:
Acting Clerk to the Board, Jan Warwick
Deputy County Attorney, Karin McDougal
Department of Planning Services Representative, Maxwell Nader
Department of Public Works, Development Review, Mike McRoberts
The following business was transacted:
El I hereby certify that pursuant to a Notice dated March 12, 2025, and duly published
March 14, 2025, in the Greeley Tribune, a public hearing was conducted to consider the
request of Wells Ranch, LLLP, c/o Colorado Sand Company II, LLC, for Use by Special
Review Permit, USR25-0001, for Open Mining and Processing of Minerals (sand mining
and processing plant) in the A (Agricultural) Zone District. Karin McDougal, Deputy
County Attorney, made this a matter of record.
Maxwell Nader, Department of Planning Services, state the project is known as the
Kersey Mine, permit number M-2024-026, and shared the financial warranty of
approximately $8,000,000.00, which must be submitted prior to issuance of the permit
and commencement of the mining. He presented a summary of the proposal, described
the size and location of the site,, including stockpile operations. He explained there will be
three (3) phases to the mine life: phase one (1) - preproduction and site development,
which is anticipated to take ten (10) to 12 months; phase two (2) - production, which will
extend 20 years; and phase 3 - closure and reclamation. Mr. Nader explained there will
be approximately 100 full-time employees, and the applicant is requesting 24/7 hours of
operation with two (2),12 -hour shifts, with about 50 employees onsite at any one time, as
well as part-time employees or contractors utilized for reclamation work from spring to fall
planting season. He stated Section 2-4-290.B of the Weld County Code allows the Board
cc; pL (oE/frod oq/DA /KR)
.5/23/25
2025-1036
PL2954
Hearing Certification (USR25-0001) — Wells Ranch, LLLP, c/o Colorado Sand
Company II, LLC
Page 2
of County Commissioners to authorize additional hours of operation for sand and gravel
operations, when deemed appropriate. He described the sign posting, and shared 16
surrounding property owners (SPOs) were sent Notice with no responses received back.
He shared, per the Development Review staff, access is on County Road (CR) 68, which
is a paved, collector road, the latest average daily trips count 468 vehicle trips per day,
with 26 percent trucks, and the 85th percentile speed is 65 mph. He reiterated the traffic
information submitted indicates approximately 464 truck daily round trips and 98
passenger vehicle daily round trips, with 100 percent entering from and exiting to the west
on CR 68. He explained an Improvements and Road Maintenance Agreement is
requested to include dust control and damage repair to specified haul routes and up -front,
on -site improvements identified as necessary by the applicant's Traffic Engineer, which
he reviewed for the record, as well as tracking control as required by the Department of
Public Works. He shared, in compliance of Section 8-11-45 of the Weld County Code, the
applicant has submitted a Drainage Narrative meeting the requirements for an exception
to stormwater detention, if more than one (1) acre of land disturbed. He shared, per the
Department of Public Health and Environment staff, temporary use of bottled water and
portable toilets may be used for sanitation needs, the application notes mine offices will
be built and a well permit must be obtained for potable water use or bottled water should
be used in accordance with Environmental Health policy, and if a commercial septic
system is installed, a reliable potable water source will be required. Mr. Nader further
stated noise levels must comply with the limits of the Industrial Zone District, a Noise
Modeling report was submitted, from Behrens and Associates, which concludes the
numerical and graphical noise modeling results. He also stated non -potable water will be
supplied through a pipeline on the ranch for dust control, an Air Emission Permit (APEN)
is required to cover dust control for mine operations, haul roads, and all processing
equipment, and a Spill Prevention Control, and Countermeasure Plan will be available
onsite. He confirmed Environmental Health has one (1) Condition of Approval (COA)
and 20 Development Standards (DS) that shall be adhered to. Mr. Nader entered the
favorable recommendation of the Planning Commission into the record, as written, and
displayed images of the site and surrounding views. He stated staff requests removal of
COA #1.B and #1.E, as these items have been addressed. In response to
Commissioner Maxey, Mike McRoberts, Development Review, stated the applicant's
Traffic Engineer worked with CDOT to establish the recommendations for the auxiliary
lanes. Mr. Nader stated the one residence located on the property is owned by the
applicant, the operation begins on the southern end of the parcel and the residence is
located on the north end of the parcel, and the southwest residence is approximately
5,000 feet from the site. Mr. Nader explained the WOGLA facilities are located on the
west side, and the applicant has already spoken with the operator(s) of those existing
wells. Additionally, regarding DS #11, Mr. Nader defined a Communications Plan, which
is basically an Emergency Action Plan.
Brady Reece, representative of the applicant, in response to Chair Buck, indicated
they had not had contact with any of the Commissioners regarding this case. Mr. Reece
2025-1036
PL2954
Hearing Certification (USR25-0001) — Wells Ranch, LLLP, c/o Colorado Sand
Company II, LLC
Page 3
provided a PowerPoint presentation (Exhibit e) and relayed an overview of the history of
the company, locations of other sites nationwide and statewide, and explained how
historically all frack sand had to come through via rail. He stated the Kersey mine will
serve the northern area of the state, into Wyoming, thus this site helps reduce train traffic.
Mr. Reece reiterated their request of approval of 24/7 operations, stating Colorado Oil
and Gas operates 24 hours a day. He shared the County will benefit from an increase of
approximately 120 positions, a reduction in the cost of sand by 30%, and increased
reliability of supply. In response to Commissioner Maxey, Mr. Reece stated discussions
have been held with the neighboring operators and the Colorado Energy and Carbon
Management Commission (ECMC) regarding what will occur moving forward, with
a 24 -month outlook of the mining path; therefore, there are written agreements of what
will be remediated, plugged and abandoned, and identified two (2) years in advance,
allowing those to be remediated. Mr. Reece relayed the haul route has been reviewed,
along with CDOT's safety protocol, to establish a centralization of haul routes for the
projected increase in traffic over the next 40 years. He explained, traveling west on CR 68
contains a transition curve and CDOT's safety aspect showed CR 67 would be a safer
route. In response to Commissioner Ross, Mr. Reese explained the Traffic Impact Study
was reviewed by their traffic engineer to consider current and anticipated traffic which will
be headed north.
El No public testimony was offered concerning this matter.
El In response to Chair Buck, Mr. Reece indicated they have reviewed the Conditions
of Approval and Development Standards, and request removal of COA #1.B and #1.E.
Commissioner Maxey suggested amending DS #5 to allow 24/7 operation. Mr. Nader
further clarified the definition of the Communication Plan, stating the plan addresses
emergencies and provides a general plan for the neighbors in the area to contact the
plant operator for any reason. The Board agreed to all the aforementioned changes.
El No public testimony was offered regarding changes made to the Conditions of
Approval and Development Standards.
El In response to Chair Buck, Mr. Reese indicated they have reviewed, and agreed to
abide by, the Conditions of Approval and Development Standards, as amended.
Commissioner Maxey moved to approve the request of Wells Ranch, LLLP,
c/o Colorado Sand Company II, LLC, for Use by Special Review Permit, USR25-0001,
for Open Mining and Processing of Minerals (sand mining and processing plant) in the
A (Agricultural) Zone District, based on the recommendations of Planning staff and the
Planning Commission, with the Conditions of Approval and Development Standards, as
amended. The motion was seconded by Commissioner James, and it carried
unanimously. There being no further discussion, the hearing was completed at 10:38 a.m.
2025-1036
PL2954
Hearing Certification (USR25-0001) — Wells Ranch, LLLP, c/o Colorado Sand
Company II, LLC
Page 4
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Hearing Certification, on motion duly made and seconded, by the following
vote on the 7th day of May, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Attest:
Esther E. Gesick, Clerk to the Board
2025-1036
PL2954
ATTENDANCE LIST
�t - a3 - as- to 0o c•—•-•
NAME - PLEASE PRINT LEGIBLY
ADDRESS (CITY, STATE ZIP)
EMAIL
COUNTY OF
RESIDENCE
SPEAKING
(YIN)?
pito bJ 1J �►n1 � � v
VolF. � k�uu
.P tom,-, r cG W e- � G �ee.�were
f
"D!¢ w 4 U ti ri e..c LicA.v e1;s-/ •c4
.,. , 40A -t ,
/V
743t -ex ,-,11V`a
20C. C. Sence.A.'in LAYV vs‘M..
-85Cna g b"Wr4A1.cs h
^8CV, S
.CIS n,.444
ill 1e, eucfn
g .0-i? 6.06.do d o ei✓l 4-7-00
g.t �l.,49,c)„. pt twice S. con
k1e,i d
Y
, , �. '�
`( t
br.,,,I @ emniresokr•ceS, co 4,
IIV e.) -o(
Al �
V./06.4, cti
...3°1t S'� Pw- Vat C-.1 OM
V\0.
00 Mgt....- "".k--, 6 ac.284- 6,7
IOttnew- l aif y P prti-irKMalanw,
Wi9-1-ot
i%
t4Lr-za-L
)941,n
Say 77775'74- c.' % r4dye-coova
n .71trk.. oc l 44-p_5744.rei
(A/'4/d
V� No --1-4....,..,
No
(Aai sT 6,1c,‹ 4- co
Ab-l-iiew,soot gs,-(.c....,
Gueld
Y
,4S
Qy Al;e,4 ,n,----
)34)y r;12, ,..4 7.- P%-kJ/L/4
Mai
W
oltc12 751riltdai
/ 3 7.2/ CR 4.Z -fiali-evat
d ela11qlWee-el ediv
k✓e!d
i
to 4- co 6i. c r. (z-,'
) 3gGC°5 R (f2- Pide--ratila,-'
JNa
Gvert- D
xi
Deklaide i�e
1teffa5 00-4.- T(�et/ii e
r i ha ' n74
�.lcl
n
rr
M114 �a`T�' i'
,i
f
�a � f~Y�ItI . Cdr
�� 1 J.
\
j
go e. /,-/,,,Ke
6, 30/ i_.)-7,0,)-774,„._ 6 -ii Vi//
&v3 !groin EQ 7 a r,Diclz. c.,.,
4.g,Fp -
/�
�tZar�y �C �e
(0307 .0� r1 rd U/66
Leal kykaulok--R_
123 N. cAo(ltle- Alt, (A)
LMo @il2CG vas.
(Al•vk
0
i
1:::. 1,-.5-G 4.JpwsA
rrRdS'''�
1S'G CAI; acv)BEIif sk150,l..�o�IC0
r)fCfa jewsk:6ill ccoii Ice"
1.,-V-
V
DA W-
2-ooi ix, Ilj ck Ratito-.,T)6
waft ii
1t/
04,0( //fl'
/ CNC O (AV n� w /le 69.
Ve. /
/ti
4 ,11,,,t
/ 3 o c7 n? yD ri.le%!c Le.
Id
I
4^i ,;-- 14f,.. .',.
-7C fed,.., -IA ...-,f
_lit.
het a
C s
laj pwa
Hello