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LAND USE APPLICATION
SUMMARY SHEET
Maxwell Nader
USR24-0026
CAW Equities, LLC c/o Robert Lembke
8301 E Prentice Ave, Suite 120, Greenwood Village, CO 80111
Hearing Date: March 4, 2025
Civil Resources, LLC c/o Kyle Regan
8308 Colorado Blvd, Suite 200, Firestone, CO 80504
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.
Lot B of Recorded Exemption RE -3000 and being part of Section 20, T4N, R66W of
the 6th P.M., Weld County, CO
North of and adjacent to County Road 42 and East of and adjacent to Highway 60
A (Agricultural)
+/- 609.28 acres
+/- 442 acres
Parcel Nos.
1057-20-0-00-019
1057-20-0-00-014
1057-20-0-00-015
1057-20-0-00-020
1057-20-3-00-022
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Town of Gilcrest, referral dated February 21, 2025
➢ State of Colorado Parks and Wildlife, referral dated November 25, 2024
➢ Colorado Department of Transportation, referral dated January 27, 2025
➢ Weld County Oil and Gas Energy Department, referral dated November 13, 2024
➢ State of Colorado, Division of Water Resources, referral dated December 2, 2024
➢ Weld County Department of Public Health and Environment, referral dated December 9, 2024
➢ Weld County Department of Planning Services - Development Review, referral dated December 4, 2024
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Colorado Geological Survey, referral dated December 2, 2024
➢ Weld County Sheriff's Office, referral dated November 13, 2024
➢ Central Weld County Water District, referral dated December 6, 2024
➢ Weld County School District RE -1, referral dated December 10, 2024
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The Department of Planning Services' staff has not received responses from the following agencies:
➢ City of Evans
➢ Town of Milliken
➢ Town of Platteville
➢ US Fish and Wildlife Service
➢ Western Mutual Ditch Company
➢ Platte Valley Conservation District
➢ Platteville-Gilcrest Fire Protection District
➢ Colorado Division of Parks and Recreation
➢ Colorado Division of Minerals and Geology
➢ Weld County Office of Emergency Management
➢ Colorado Division of Reclamation Mining and Safety
Case Summary:
The project is known as the Section 20 Gravel Mine and will be operated by Ready Mixed Concrete
Company, LLC (Miner). The proposed use of the site is a construction aggregate mine and water storage.
The sand and gravel reserves at the site will be used as construction aggregates. After mining has been
completed, the site will be reclaimed as agricultural land and developed water storage which will provide
much needed water to agriculture in the area as well as other end users.
The Miner has an approved, but not perfected Colorado Division of Reclamation Mining Safety permit no.
M2022-001 for the extraction of sands and gravels. During full mining and processing operations, up to
twenty (20) employees will be present on -site during daylight hours, Monday through Saturday.
Up to four (4) loaders, one (1) to two (2) excavators, and a bulldozer would be utilized on the site. Up to
two (2) off -road haul trucks may also be used at various times throughout the life of the mine. Up to six (6)
scrapers may be used to open the mine (i.e., to strip overburden). The only road -tagged vehicles that would
be stored at the site would be two (2) to four (4) pickup trucks. Aggregate haulers using both tandem dump
trucks and, more typically, open -dump semi tractor -trailers are expected throughout the life of the mine.
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 site will include product stockpiles associated with the aggregate plan, three (3) approximately five (5) -
acre topsoil stockpiles and three (3) ten (10) -acre overburden stockpiles. These stockpiles will not
necessarily be used at the same time but rather only when the adjacent cell is being mined. The closest
stockpile will be used after the mining stage is complete to reclaim the area. Equipment will be stored in the
mine area. A 20 ft x 20 ft trash collection area will be adjacent to the office shop parking area.
The site timetable is set up in one (1) year increments which is based on a production of 2,000,000 tons
per year. The size of the area to be worked at any one time to get this production quantity will vary
depending on the local quality of the deposit and depth to bedrock. The depth of the deposit varies from
approximately fifty (50) feet to ninety-five (95) feet at its deepest point in the southeast corner. Each stage
is approximately twenty-five (25) to thirty (30) acres in size. The Operator will mine multiple stages
concurrently in order to obtain a range of material for production. In addition to mining, the Operator will
begin reclaiming slopes as mining is finished in each stage. Since multiple stages will be worked
concurrently, the approximate size of the area to be worked at any one time will range from twenty-five (25)
to one hundred and twenty (120) acres and will depend on market conditions.
There are currently two farmhouses and associated outbuildings on the subject lots. The farm building to
the west and associated structures are proposed to be removed. The eastern farmhouse is proposed to
remain as residential. A shop is proposed to be constructed north of the main access.
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Proposed permanent improvements will consist of seven (7) slurry wall lined cells which will be utilized as
developed water storage. The freshwater pond will be incorporated into a larger slurry wall lined cell at the
end of the mine life, approximately twenty-five (25) year. The siltation pond will be backfilled. Access will
be at the midsection line off of State Highway 60. A pump station will be constructed in the northeast corner
of Cell 6 prior to the end of mining and will remain in place after mining is completed. Other improvements
that will be removed subsequent to mining include the aggregate plant, a concrete batch plant and an
asphalt plant.
Phases 2 through 5 will be slurry wall lined and dry mined. Stage 1 will be wet mined to establish the
freshwater ponds and siltation pond.
The property boundary for the five (5) parcels is approximately ± 609 acres with ± 442 acres defined for
mining activities. The mine will progress in phases (7) phases. The deposit consists mainly of sand and
gravel with some lenticular clay deposits.
The M2022-001 permit has been approved for ± 631.58 mined acres, but only 442 acres will be mined
through this USR. USR21-0004 for a medium scale solar facility was approved by the Board of County
Commissioners on May 12, 2021, and is located within the ± 631 acres being proposed through M2022-
001. This USR will only permit the ± 596.23 acres of the ± 631 acres to be mined. When USR21-0004 has
been decommissioned and if the subject properties are still located within the County the applicant will be
required to amend this subject USR in order to include the remaining acres.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 - The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
Section 22-2-60.8 states, "Support responsible energy and mineral development."
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 successfulness of general
construction and County road 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.
Section 22-2-60.8.2. states, "Ensure that infrastructure, such as adequate roads and utilities,
exists or can be made available prior to development of energy and mineral resource production
facilities."
The site is located east of and adjacent to Highway 60 and south of County Road 44. The ingress
and egress for the aggregate processing facility is proposed off of Highway 60. 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.
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In addition to the fourteen (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.
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, 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, 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 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
The use is consistent with the intent of the district in which the site is located. The site's property
parcels are zoned (A) Agricultural. The proposed project is a listed as an aggregate mine, permitted
in the (A) Agricultural Zone District as detailed in this Use by Special Review permit application,
and in the Weld County Code.
Weld County Code, Chapter 23, Article III, Division 1, Section 23-3-10, states in part "The A
(Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and
activities related to agriculture and agricultural production, and for areas for natural resource
extraction and energy development, without the interference of other, incompatible land uses."
Chapter 23, Article III, Division 1, Section 23-3-40.R allows for open mining (sand, gravel, stone)
and processing of minerals, subject to the additional requirements of Article IV, Division 4, of the
Weld County Code through a use by special review outside of subdivisions and historic townsites.
C. Section 23-2-220.A.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 Use by Special Review
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 permitted for a salvage yard and sales.
To the west is USR22-0030 for an open mining gravel pit. A high-pressure gas line, permitted under
USR-1183 for Public Service of Colorado. To the east 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 a pending aggregate
and soil mines, currently in review at the State to the south of the site.
The Town of Milliken's municipal limits 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.
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The Weld County Department of Planning Services sent notice to fifty (50) Surrounding Property
Owners. No written correspondence or telephone calls of inquiry 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 indicates the industrial level can be met twenty-five (25) feet from 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 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 Emission Permit (APEN) 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, compatibility with
surrounding land uses and the region.
D. Section 23-2-220.A.4 - The uses which will be permitted will be compatible with future development
of the surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is located within a three (3) mile referral area of four (4) municipalities, the City of Evans
and Towns of Milliken, Platteville and Gilcrest.
The proposed mine is located within the Weld County and the City of Evans, and Towns of Milliken,
Platteville and Gilcrest, Coordinated Planning Agreement Areas. The City of Evans returned the
Notice of Inquiry form dated July 13, 2023 stated "This area is beyond our urban growth boundary
and is ineligible for annexation." The Town of Platteville returned the Notice of Inquiry form dated
July 13, 2023, stating "Development Area is outside (north) of the Town of Platteville's Growth
Boundary." The Town of Gilcrest returned the Notice of Inquiry form dated July 17, 2023, stating
"Town Board and Staff met with Lembke/Red Tierra several times in 2022 on annexation. Lembke
sent email on 7/12/23 stating he was wanting to start up annexation process again. Have not yet
received Annexation Petition." The Town of Milliken did not respond to the Notice of Inquiry
Form. All four (4) municipalities did not respond to the referral request.
In a mutual letter from the Town of Gilcrest and Platteville dated December 11th, 2023, in response
to PRE23-0271 (eventually being USR25-0002) mentioned the future development of the Section
20 mine (being USR24-0026), the following comments were made: "Additionally, the development
of two additional proposed mining operations, namely the 790 -acre Monarch-Denm gravel mine
and the 596.55 acre (being USR22-0030) and Section 20 Gravel Mine (formally known as Red
Tierra) (being USR24-0026), within the Town of Gilcrest's Urban Grown Boundary, along with a
substantial portion of the Monarch-Denm gravel mine falling within the Platteville and Gilcrest
Coordination area." The towns have shared concerns encompassing environmental and
transportation impacts, adverse impacts on Gilcrest's groundwater levels, and the loss of land area
designate 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.
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The proposed gravel mine is located within the Town'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 is submitting this 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's growth priority tiers per the 2017 Town of Gilcrest's Framework Plan. The applicant had
further discussions with the Town of Gilcrest regarding signed NOI Form from July 17, 2023. The
Town Gilcrest and applicant have both decided to try to and come to an agreement on annexation.
Both agree that the Town does not have the bandwidth to permit the Site and wish Section 20 Mine
to 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 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 23-2-220.A.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 Program, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 - If the use is proposed to be located in the A (Agricultural) Zone District, the
applicant has demonstrated a diligent effort has been made to conserve Prime Farmland in the
locational decision for the proposed use.
The proposed mine site is located on 631 acres total 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 wildlife habitat and water storage for agricultural
lands in the area. The Wester 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 Statutes provides for the extraction of mineable resources prior to
and surface development.
G. Section 23-2-220.A.7 - There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-
2-250, and 23-4-290, Weld County Code), Conditions of Approval and Development Standards
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can ensure that there are adequate provisions for the protection of health, safety, and welfare of
the inhabitants of the neighborhood and County.
This proposal has been reviewed by the appropriate referral agencies and it has been determined
that the attached conditions of approval and development standards ensure that there are
adequate provisions for the protection of the health, safety and welfare of the inhabitants of the
neighborhood and county and will address and mitigate impacts on the surrounding area with the
operation of open mining (sand, gravel, stone, and overburden) and processing of minerals.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. An acceptable Final Traffic Impact Study, signed and stamped by a professional engineer licensed
in the State of Colorado, is required. (Development Review)
B. An Improvements and Road Maintenance Agreement is required for up -front off -site improvements
at the main site access onto SH-60 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 addressing engineering requirements, submission of
collateral, and testing and approval of completed improvements. (Development Review)
C. 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 & 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 &
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. (Department of Public Health and Environment)
D. Submit a copy of the water service for 20857 County Road 29. (Department of Public Health and
Environment)
E. 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. (Department of Planning Services)
F. The applicant shall address the Town of Gilcrest's request for approval of the proposed
groundwater mitigative measures, as stated in their referral dated February 23, 2025. Written
evidence of such shall be submitted to the Weld County Department of Planning Services.
(Department of Planning Services)
G. The applicant shall address the requirements of the Colorado Department of Transportation, as
stated in their referral dated January 27, 2025. Written evidence of such shall be submitted to the
Weld County Department of Planning Services. (Department of Planning Services)
H. The applicant shall acknowledge the recommendations of the Weld County Oil and Gas Energy
Department, as stated in their referral dated November 13, 2024. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning Services)
I. The applicant shall acknowledge the comments from the State of Colorado, Division of Water
Resources, as stated in their referral dated December 2, 2024. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning Services)
J. The applicant shall acknowledge the comments from the State of Colorado, Division of Wildlife, as
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stated in their referral dated November 25, 2024. Written evidence of such shall be submitted to
the Weld County Department of Planning Services. (Department of Planning Services)
K. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR24-0026 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section 23-2-240.A.13 of
the Weld County Code addresses the issue of trash collection areas. (Department of Planning
Services)
5. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 of
the Weld County Code. (Department of Planning Services)
6. The map shall delineate the parking area for the mine vehicles, mine equipment, vendors, and
employees. (Department of Planning Services)
7. Show and label all recorded easements by book and page number or reception number and
date. (Department of Planning Services)
8. Show and label all recorded easements and rights -of -way by book and page number or
reception number and date. (Department of Planning Services)
9. 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)
10. 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)
11. 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)
12. 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)
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13. 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 appropriate, label accesses as
"Close and Reclaim." Access specifics will be reviewed during the review of the USR map.
(Development Review)
14. Show and label the approved tracking control on the site plan. (Development Review)
15. 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)
16. Show and label the approved main site access location onto SH 60. Include the access permit
number. (Development Review)
17. Show and label the drainage flow arrows. (Development Review)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy
(.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon
approval of the map the applicant shall submit a paper map along with all other documentation required
as Conditions of Approval. The paper map shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The map shall be prepared in accordance with the
requirements of Section 23-2-260.D of the Weld County Code. The Paper map and additional
requirements shall be submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
3. In accordance with Appendix 5-J, Weld County Code Ordinance, should the map not be recorded within
the specified timeline from the date of the Board of County Commissioners Resolution, a $50.00
continuance fee shall be added for each additional three (3) month period. (Department of Planning
Services)
4. Prior to Construction:
A. 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)
D. The applicant shall submit an ALTA survey that identifies all subsurface utilities. (Oil and Gas
Energy Department)
5. Prior to Operation - Mining:
A. If required, the applicant shall develop an Emergency Response Plan with the Office of Emergency
Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility
operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence
of acceptance to the Department of Planning Services. (Department of Planning Services)
B. The applicant shall submit written evidence that the Financial and Performance warranty has been
submitted and accepted by the Division of Mining Reclamation and Safety. (Department of Planning
Services)
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C. The operator shall furnish evidence that they are insured to the extent of not less than one hundred
thousand dollars ($100,000.00) against liability for any negligent act or omission by the operator
from the operation or maintenance of the sand and gravel pit and the extraction and production of
sand and gravel and all activities connected with or incidental thereto. (Department of Planning
Services)
D. Accepted construction drawings and construction of the off -site roadway improvements are
required prior to operation. (Development Review)
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.
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USE BY SPECIAL REVIEW PERMIT
DEVELOPM ENT STANDARDS
CAW Equities LLC
USR24-0026
1. Use by Special Review, USR24-0026, 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. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The mine shall remain in compliance with the County Open Mining requirements per Chapter 23, Article
IV, Division 4 of the Weld County Code, as amended, including Operations policies and Reclamation
policies. (Department of Planning Services)
4. The mine shall remain in compliance with the approved Division of Reclamation, Mining, and Safety
112c Permit number M2022-001. (Department of Planning Services)
5. All permitted operations shall be conducted during the hours of daylight, except in the case of a
declared emergency disaster by the Board of County Commissioners. When the permitted operations
are occurring at night, they will only occur when material is requested by cities, counties, or CDOT, for
night projects. Operations will be considered "night operations" when they take place between the hours
of one (1) hour after sundown to one (1) hour before sunrise. Depending on the request of the
jurisdiction, night operations could occur seven (7) days per week. When the applicant becomes aware
of projects that require night operations, they will email the Weld County Planning Director about the
plans to operate outside of daylight hours, who the project is for, how long it will be occurring, and
where the materials are being delivered. (Department of Planning Services)
6. The number of on -site employees shall be up to twenty (20), as stated in the application. (Department
of Planning Services)
7. The parking area for mine equipment, vendors and employees on the site shall be maintained.
(Department of Planning Services)
8. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. (Department of
Planning Services)
9. Lighting shall be maintained in accordance with the approved Lighting Plan, as applicable. (Department
of Planning Services)
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. (Department of Planning
Services)
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.
(Department of Planning Services)
12. The property owner or operator shall maintain compliance with the accepted Communications Plan.
(Department of Planning Services)
13. 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)
14. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Development Review)
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15. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
16. 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)
17. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Development Review)
18. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit
and possible updates. (Development Review)
19. Weld County is not responsible for the maintenance of onsite drainage related features. (Development
Review)
20. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
21. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface
and groundwater contamination. (Department of Public Health and Environment)
22. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
23. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
24. 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. (Department of Public Health and Environment)
25. 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 Division, Colorado Department of Public
Health, and Environment, as applicable. (Department of Public Health and Environment)
26. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S. The facility shall operate in accordance with the accepted noise
modeling report. (Department of Public Health and Environment)
27. The operation shall remove, handle, and stockpile overburden, sand, soil, and gravel from the facility
area in a manner that prevents nuisance conditions. (Department of Public Health and Environment)
28. 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. (Department of Public
Health and Environment)
29. Any On -Site Wastewater Treatment System located on the property must comply with all provisions of
the Weld County Code, pertaining to On -Site Wastewater Treatment Systems. (Department of Public
Health and Environment)
30. 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
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Environmental Protection Agency. (Department of Public Health and Environment)
31. A Colorado Discharge Permit System (CDPS) from the Colorado Department of Public Health and
Environment (CDPH&E), Water Quality Control Division, shall be obtained as applicable. (Department
of Public Health and Environment)
32. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations, as applicable. (Department of Public Health and Environment)
33. A current PE certified and signed copy Spill Prevention, Control and Countermeasure Plan shall be
available on site, as required. (Department of Public Health and Environment)
34. All chemicals must be handled in a safe manner in accordance with product labeling. All chemicals
must be stored secure, on an impervious surface, and in accordance with manufacturer's
recommendations. (Department of Public Health and Environment)
35. The facility shall be operated in a manner to prevent odors. Odors detected off site 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 County Department of Public Health and Environment in the event odor levels detected off
site 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. (Department of Public
Health and Environment)
36. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Reclamation Mining and Safety. (Department of Public Health and Environment)
37. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public Health
and Environment)
38. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
39. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment)
40. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties.
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map. Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used
which may be confused with, or construed as, traffic control devices. (Department of Planning Services)
41. Building permits may be required for any new construction, set up of manufactured structures, or
change of use of existing buildings per Section 29-3-10 of the Weld County Code. Buildings and
structures shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2018 International Building
Codes, 2018 International Energy Code, 2023 National Electrical Code, and Chapter 29 of the Weld
County Code. A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required or an Open Hole Inspection. A building permit must be issued prior to the
start of construction. (Department of Building Inspection)
42. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County
Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs. (Department of
Planning Services)
43. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
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44. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended.
(Department of Planning Services)
45. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
46. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the Department
of Planning Services. (Department of Planning Services)
47. 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.
48. This Use by Special Review shall terminate when the use is discontinued for a period of three (3)
consecutive years, the use of the land changes or the time period established by the Board of County
Commissioners through the approval process expires. The landowner may notify the Department of
Planning Services of a termination of the use, or Planning Services staff may observe that the use has
been terminated. When either the Department of Planning Services is notified by the landowner, or
when the Department of Planning Services observes that the use may have been terminated, the
Planner shall send certified written notice to the landowner asking that the landowner request to vacate
the Use by Special Review Permit.
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DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: mnader@weld.gov
Phone: (970) 400-400-3527
Fax: (970) 304-6498
February 4, 2025
Kyle Regan
8308 Colorado Blvd, Suite 200
Firestone, CO 80504
Subject: USR24-0026 - 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.
On parcel(s) of land described as:
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.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on March 4, 2025 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on March 26, 2025
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance
to answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://aca-
prod.accela.com/WELD/
Respectfully,
v
Maxwell Nader
Planner
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