HomeMy WebLinkAbout20251290.tiffResolution
Approve Use by Special Review Permit, USR25-0002, for Open Mining and
Processing of Minerals (sand and gravel mining, known as the Sweet Valley Pit) in
the A (Agricultural) Zone District — Central Colorado Water Conservancy District
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 21st day of
May, 2025, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of the Central Colorado Water Conservancy District,
3209 West 28th Street, Greeley, Colorado 80634, for Use by Special Review Permit,
USR25-0002, for Open Mining and Processing of Minerals (sand and gravel mining,
known as the Sweet Valley Pit) in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot A of Recorded Exemption, RE -3144; and part of the NE1/4, both in
Section 30, Township 4 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
Whereas, at said hearing, the applicant was represented by J.C. York,
305 Denver Avenue, Suite D, Fort Lupton, Colorado 80621, 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 Sweet Valley Pit (Mine) is a sand and gravel mine
with a processing plant on approximately 147 acres. This mine will
be operated by the Central Colorado Water Conservancy District
(CCWCD or Miner). Weld County recognizes that mineral resource
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extraction is an essential industry and supports the regional
economy. The availability and reduced cost of local sand and gravel
will positively impact regional development and transportation
construction costs and supply. According to the Weld County Sand
and Gravel Resources map, dated July 1, 1975, the property is
classified as stream -terrace deposits with unevaluated aggregates.
The Department of Reclamation, Mining, and Safety (DRMS)
application submitted with the Weld County application shows this
area has been identified to contain the desired materials (sand and
gravel) and supports the orderly development of mineral resources.
Future development of these lands would be precluded until the
mineral resource has been extracted.
2) Section 22-2-60.B.1 states: "Ensure that surface development
reasonably accommodates mineral extraction." The mine will not
disturb any existing buildings. The property is crossed by
approximately 2.62 acres of the Western Mutual Ditch, which did not
return a referral response. However, both the mining and reclamation
plans include adequate buffers from the ditch. A conveyor will carry
aggregate over the ditch adjacent to the existing bridge. According
to the Weld County Oil and Gas Energy Department (OGED), there
are five (5) plugged and abandoned wells and three (3) gas
pipelines, including LAP22-0011, running throughout the Permit
area. The last well was plugged and abandoned in November 2024,
and only recently discoverable, so the status was not reflected in the
OGED referral. All pipelines and easements of record have been
incorporated satisfactorily into the plan.
3) Section 22-2-60.B.2 states: "Ensure that infrastructure, such as
adequate roads and utilities, exists or can be made available prior to
development of energy and mineral resource production facilities."
The haul route includes a private road, via an easement, County
Road (CR) 40, Colorado Highway 60, and U.S. Highway 85. The
Department of Planning Services — Development Review, in the
referral dated February 26, 2025, is requiring the construction of a
westbound, right -turn, deceleration lane at the site's access point on
CR 40. An Improvements and Road Maintenance Agreement is
required for the off -site improvements as a Condition of Approval to
be accepted by the Board of County Commissioners prior to
recording the USR map. The Colorado Department of Transportation
(CDOT) has issued an Access Permit to the applicant. It includes the
requirement for improvements. Adherence to the conditions of the
Access Permit is a Condition of Approval.
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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 property parcels are zoned
A (Agricultural). 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, Intent, states, in part: "The A (Agricultural) Zone
District is intended to provide areas for the conduct of agricultural
activities and activities related to agriculture and agricultural
production, and for areas for natural resource extraction and energy
development, without the interference of other, incompatible land
uses." Chapter 23, Article III, Division 1, Section 23-3-40.R, allows for
open mining (sand, gravel, stone) and processing of minerals, subject
to the additional requirements of Article IV, Division 4, of the Weld
County Code through a Use by Special Review Permit 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. The adjacent lands are zoned
A (Agricultural) and consist of farmland, rural residences, oil and gas
activity, and a former rural residence that will be turned into the CCWCD
offices and associated outbuildings. There are eight (8) USR permits within
one (1) mile of the property boundary: USR22-0030 (gravel pit — open
mining), USR21-0004 (solar facility), USR14-0024, USR13-0042 (mineral
resource development facility - mining), USR-866 (oil and gas support
facility), MUSR16-0002 (mineral resource development facility - mining),
USR13-0039 (automobile repair), and USR-839 (commercial greenhouse).
The Weld County Department of Planning Services sent notice to 21
surrounding property owners (SPOs). One (1) letter of objection and no
telephone calls of inquiry were received regarding the application. The letter
included a request that limits be placed on the mining activities, such as
limiting hours and days of operation, noise, and trucks per hour. A
Landscape Plan is requested to screen mining activity, manage weeds, and
mitigate any negative effect on property values. Weld County Code Design
and Operations Standards attempt to mitigate the impact of mining on
surrounding properties. Sections 23-4-290.C and D address the removal of
weeds, the requirement for preserving a neat appearance, and the
protection of trees and ground cover along public road frontages and
drainage ways for the depth of the setback to protect against noise, dust,
and erosion. The site plan shows the use of stockpiles and a berm for noise
mitigation for the residence closest to the equipment, which has been
placed as far away as possible.
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The Weld County Code, Chapter 14, Article IX sets limits for noise levels in
Weld County. The daytime limit (daytime defined as 7:00 a.m. to 9:00 p.m.)
for Industrial and Construction Activities is 80 dBA. The daytime noise level
limit from any property transmitted to Residential, Commercial, and
Nonspecified areas is 55 dBA. Noise levels must comply with the limits set
for the Industrial Zone District, with measurements taken 25 feet from the
property line. A Noise Modeling Report from Wave Engineering, submitted
with the application, concludes: "As currently designed, the worst case
predicted sound levels meet the Weld County Industrial limit at the property
boundary. The Residential and Commercial limit is not met at some points
on the property boundary but is met at all homes and commercial properties
nearby. As the pit is developed and the mining equipment moves below the
surface, the sound levels will reduce further below the limit." Compliance
with the Noise Control Plan is required as part of the Development
Standards. CCWCD will provide dust abatement through its mining
contractor. A water truck will be used to treat the on -site areas (haul roads,
aggregate processing area, etc.) to suppress dust. A water truck and/or
sprinklers will be used to control dust in circulation areas and material
handling/stockpile areas. Daily, prior to starting up plant operations, all haul
roads, processing area, circulation areas, and stockpiles will be inspected
to determine if wetting the surfaces are needed. Areas that cannot be
reached with the water truck will be wetted using sprinklers. If at any time
during the day the mining operations begin to generate dust that is leaving
the site, CCWCD's contractor will have a water truck on stand-by, such that
an area can be wetted immediately. An Air Emission Permit Notice (APEN)
from the state is required to cover dust control for mining operations, haul
roads, and all processing equipment. There will be a 1,000 -gallon fuel
storage tank at the staging area for the processing plants and it will include
secondary containment. Mobile fueling/lubrication will typically be used to
fuel equipment. A Spill Prevention, Control, and Countermeasure Plan will
be available onsite.
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 Weld County Opportunity Zone,
according to the Weld County Comprehensive Plan, which indicates the
potential for future industrial or commercial uses, which are compatible with
mining. The site is classified as Urban -Non -Urban Mix on the
Comprehensive Plan Map, which indicates urban development is near, but
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still at least one (1) mile away. In this case, the urban -scale portion of the
Town of Gilcrest is exactly one (1) mile away. The site is located within the
three (3) mile referral area and the Coordinated Planning Agreement (CPA)
area for the Towns of Platteville, Milliken, and Gilcrest. As part of the
pre -application process, the municipalities were sent a Notice of Inquiry
(NOI) on November 13, 2023. All three (3) municipalities returned NOI forms
stating no desire to annex, the Town of Platteville, on November 13, 2023,
the Town of Milliken, on February 21, 2024, and the Town of Gilcrest, on
January 17, 2025. The property is located outside the Urban Growth Area
of both the Towns of Milliken and Platteville.
The property is located within the Town of Gilcrest's Growth Priority Tier 3,
according to the 2017 Gilcrest Comprehensive Plan Update. "Tier 3
contains all remaining lands within the Planning Area that would require
significant capital investments to provide public services. This tier offers
opportunities for additional IGA's with the surrounding municipalities and
Weld County to help ensure the Town has input regarding any potential
development applications in this tier." According to the 2012 Framework
Plan included in the 2017 plat, the property is designated for "Agriculture /
Large Lot" development, containing a regional commercial node on the
northwest corner, outside of the proposed mining extent. The Towns of
Gilcrest and Platteville submitted a joint letter on December 11, 2023, in
accordance with their Platteville-Gilcrest Coordination Agreement (2011).
The letter stated concerns regarding potential negative impacts to the South
Platte River Corridor wildlife habitats, the danger of ground water levels
being raised, loss of developable land, and other impacts, such as traffic
noise, air quality, and aesthetics. The applicant submitted with the
application the minutes from the December 9, 2024, meeting of the Gilcrest
Board of Trustees, in which the Board indicated a desire for an
Intergovernmental Agreement with CCWCD, but decided not to take action.
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.B.6 — If the use is proposed to be located in the
A (Agricultural) Zone District, the applicant has demonstrated a diligent
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effort has been made to conserve Prime Farmland in the locational decision
for the proposed use. According to the U.S. Department of Agriculture
Natural Resources Conservation Service Soil Map, submitted with the
application, the soils, Olney fine sandy loam, Ascalon loam, and a small
area of Altvan loam, are considered "Prime Farmland, if irrigated," with
much of the Mine on soils designated as "prime" if both irrigated and
reclaimed of excess salts and sodium. The subject property is not irrigated
at this time. 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 Statutes provides for the extraction of
mineable resources prior to 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
County Code), Conditions of Approval and Development Standards, when
combined with the provisions of the approved DRMS Permit 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 the Central Colorado Water Conservancy District, for
Use by Special Review Permit, USR25-0002, for Open Mining and Processing of Minerals
(sand and gravel mining, known as the Sweet Valley Pit) in the A (Agricultural) Zone
District, on the parcel of land described above, be, and hereby is, granted subject to the
following conditions:
1. Prior to recording the map:
A. An Improvements and Road Maintenance Agreement is required for upfront
off -site improvements for this site. Road maintenance includes, but is not
limited to, dust control and damage repair to specified haul routes. The
Agreement shall include provisions addressing engineering requirements,
submission of collateral, and testing and approval of completed
improvements. Upfront off -site improvements for this project shall include
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the construction of a westbound, right -turn, deceleration lane at the site's
access point on CR 40.
B. The applicant shall submit a recorded copy of a lease agreement (for an
access easement) with the Meining Cattle Company, allowing the applicant
to use a temporary access road running from CR 40 north to the southern
site's access point. The agreement/easement shall be referenced on the
USR map by the Weld County Clerk and Recorder's Reception number.
C. The applicant shall address the requirements of CDOT, as stated in the
referral dated February 4, 2025. Written evidence of such shall be submitted
to the Weld County Department of Planning Services.
D. The applicant shall acknowledge the comments from the State of Colorado,
Division of Wildlife, as stated in the referral dated May 3, 2024. Written
evidence of such shall be submitted to the Weld County Department of
Planning Services.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR25-0002.
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 aerial background shall be removed from Sheet 3.
5) 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.
6) All signs visible from rights -of -way shall be shown on the map and
shall adhere to Chapter 23, Article IV, Division 2 of the Weld County
Code. The map shall delineate the parking area for the mine
vehicles, mine equipment, vendors, and employees.
7) The applicant shall show and label all recorded easements and
rights -of -way by book and page number or Reception number and
date.
8) County Road 25.5 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
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requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the existing right-of-way (along with its creating
documents) and the physical location of the road on the USR map.
All setbacks shall be measured from the edge of the right-of-way.
This road is maintained by Weld County.
9) County Road 40 is a gravel road west of the County Road 40 access
point and is a paved road east of the County Road 40 access point.
This section of County Road 40 is designated on the Weld County
Functional Classification Map as a local road, which requires 60 feet
of right-of-way at full buildout. The applicant shall delineate and label
the existing right-of-way (along with its creating documents) and the
physical location of the road on the USR map. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
10) County Road 42 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which requires
60 feet of right-of-way at full buildout. The applicant shall delineate
and label the existing right-of-way (along with its creating
documents) and the physical location of the road on the USR map.
All setbacks shall be measured from the edge of the right-of-way.
This road is maintained by Weld County.
11) The applicant shall show the approved Colorado Department of
Transportation (CDOT) State Highway 60 access and label with the
approved Access Permit number, if applicable.
12) The applicant shall show and label the approved access location,
approved access width and the appropriate turning radii (65').
13) The applicant shall show and label the access easement and access
road across the Meining Cattle Company's property.
14) The applicant shall show and label the approved tracking control.
15) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
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16) The applicant shall show and label the drainage flow arrows.
17) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
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. A Right -of -Way Use Permit shall be acquired.
B. The applicant must obtain a permanent Access Permit in the approved,
temporary access permit location.
C. The approved access and tracking control shall be constructed.
D. If more than one (1) acre is to be disturbed for non -mining items such as
structures, parking lots, laydown yards, etc., a Weld County Grading Permit
will be required.
E. Overweight and/or oversized Special Transport Permits from the
Department of Public Works shall be acquired for all applicable trucks.
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.
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B. The applicant shall submit written evidence that the Financial and
Performance warranty has been submitted and accepted by the Division of
Reclamation, Mining, and Safety.
C. The operator shall furnish evidence that they are insured to the extent of not
less than $100,000.00 against liability for any negligent act or omission by
the operator from the operation or maintenance of the sand and gravel pit
and the extraction and production of sand and gravel and all activities
connected with or incidental thereto.
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 for an early release agreement.
Use by Special Review Permit
Development Standards
Central Colorado Water Conservancy District
USR25-0002
1 Use by Special Review Permit, USR25-0002, is for Open Mining and Processing
of Minerals (sand and gravel mining) in the A (Agricultural) Zone District, subject
to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right, pursuant to
Section 23-8-10 of the Weld County Code.
3. The mine shall remain in compliance with the County Open Mining requirements,
per Chapter 23, Article IV, Division 4 of the Weld County Code, as amended,
including Operations policies and Reclamation policies.
4. The mine shall remain in compliance with the approved Division of Reclamation,
Mining, and Safety 112c Permit #M-2024-015.
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,
or as here stated. 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
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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 parking area for mine equipment, vendors and employees on the site shall be
maintained.
7. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
8. Lighting shall be maintained in accordance with the approved Lighting Plan, as
applicable.
9. 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.
10. The property owner or operator shall provide to the Department of Planning
Services written evidence of an approved Emergency Action and Safety Plan on,
or before, March 15th of any given year, signed by representatives for the
Platteville Fire Protection District and the Weld County Office of Emergency
Management.
11. The property owner or operator shall maintain compliance with the accepted
Communications Plan.
12. The property owner or operator shall be responsible for controlling noxious weeds
on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
13. The access to the site shall be maintained to mitigate any impacts to the public
road, including damages and/or off -site tracking.
14. There shall be no parking or staging of vehicles on public roads. On -site parking
shall be utilized.
15. 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.
16. The property owner shall comply with all requirements provided in the executed
Improvements and Road Maintenance Agreement.
17. The Improvements and Road Maintenance Agreement for this site may be
reviewed on an annual basis, including a site visit and possible updates.
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18. The historical flow patterns and runoff amounts will be maintained on the site in
such a manner that it will reasonably preserve the natural character of the area
and prevent property damage of the type generally attributed to runoff rate and
velocity increases, diversions, concentration and/or unplanned ponding of
stormwater runoff.
19. Weld County is not responsible for the maintenance of on -site drainage related
features.
20. 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.
21. 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.
22. Waste materials shall be handled, stored, and disposed of in a manner that
controls fugitive dust, fugitive particulate emissions, blowing debris, and other
potential nuisance conditions. The facility shall operate in accordance with
Chapter 14, Article I of the Weld County Code and the accepted Waste Handling
Plan, at all times.
23. 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.
24. The operation shall submit an Air Pollution Emission Notice (APEN) and Emissions
Permit Application and obtain permits from the Air Pollution Control Division of the
Colorado Department of Public Health and Environment, as applicable.
25. The facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone, as delineated in C.R.S. §25-12-103. The facility shall operate in
accordance with the accepted Noise Modeling Report.
26. The operation shall remove, handle, and stockpile overburden, sand, soil, and
gravel from the facility area in a manner that prevents nuisance conditions.
27. 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
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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.
28. Any On -site Wastewater Treatment System (OWTS) located on the property must
comply with all provisions of the Weld County Code, pertaining to OWTS.
29. 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.
30. 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.
31. The facility shall comply with all provisions of the State Underground and Above
Ground Storage Tank Regulations, as applicable.
32. A current PE certified and signed copy of the Spill Prevention, Control and
Countermeasure Plan shall be available onsite, as required.
33. 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.
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. Building Permits may be required for any new construction, set up of manufactured
structures, or change of use of existing buildings, per Section 29-3-10 of the Weld
County Code. Buildings and structures shall conform to the requirements of the
various codes adopted at the time of permit application. Currently, the following
have been adopted by Weld County: 2018 International Codes, 2018 International
Energy Conservation Code, 2023 National Electrical Code, and Chapter 29 of the
Weld County Code. A Building Permit application must be completed and two (2)
complete sets of engineered plans, bearing the wet stamp of a Colorado registered
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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.
39. 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.
40. The property owner or operator shall be responsible for complying with the Design
and Operation Standards of Chapter 23 of the Weld County Code.
41. All buildings shall comply with the setback from oil and gas wells, per
Section 23-4-700, as amended.
42. 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.
43. 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.
44. 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.
45. This Use by Special Review shall terminate when the use is discontinued fora
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
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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 21st day of May, A.D., 2025:
Perry L. Buck, Chair: Excused
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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