HomeMy WebLinkAbout20251024.tiffPlanner:
Case Number:
Applicant:
LAND USE APPLICATION
SUMMARY SHEET
Maxwell Nader
USR25-0001
Wells Ranch & Wells Ranch LLLP c/o Steve Wells
32010 County Road 63, Gill, CO 80624
Representative: Colorado Sand Company II, LLC c/o Brady Reece
2001 Kirby Drive, Suite 360, Houston, TX 77019
Request:
Legal
Description:
Location:
Zoning:
Size of Parcels:
Mined Area:
Hearing Date: April 1, 2025
A Use by Special Review Permit for Open Mining and Processing of Minerals (Sand
Mining and Processing Plant) in the A (Agricultural) Zoned District.
Sections 2, 3, 10, 11, 14 and 15 in Township 5 North, and Section 34, Township 6
North, all located in Range 63 West of the 6th P.M., Weld County, Colorado.
Approximately three (3) miles east of County Road 61 and approximately two (2) miles
south of County Road 68.
A (Agricultural)
+/- 4500 acres
+/- 4018 acres
Parcel Nos.
0965-03-1-00-009, 0965-10-2-00-003
0965-11-1-00-002, 0965-14-1-00-001
0965-15-1-00-004, 0799-34-1-00-003
0965-02-1-00-001, 0965-10-1-00-008
The criteria for review of this Special Review Permit are listed in Section 23-2-220
Code.
The Department of Planning Services' staff has received referral responses with
following agencies:
➢ State of Colorado Parks and Wildlife, referral dated February 13, 2025
➢ Colorado Department of Transportation, referral dated January 21, 2025
➢ Weld County Oil and Gas Energy Department, referral dated January 17, 2025
➢ Weld County Department of Public Health and Environment, referral dated February 1
➢ Weld County Department of Planning Services - Development Review, referral dated
of the Weld County
comments from the
0, 2025
February 13, 2025
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Weld County Sheriff's Office, referral dated January 14, 2025
➢ Galeton Fire Protection District, referral dated January 24, 2025
➢ West Greeley Conservation District, referral dated February 11, 2025
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Chevron Corporation
➢ Colorado Division of Water Resources
➢ Colorado Division of Minerals and Geology
➢ Weld County Office of Emergency Management
➢ Colorado Division of Reclamation Mining and Safety
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Case Summary:
The project is known as the Kersey Mine (Mine) and will be operated by Colorado Sand Company II, LLC
(Miner). The Mine is an open -cut (truck and hydraulic excavator and/or front-end loader) industrial sand
mining and processing operation that will employ a continuously advancing pit with concurrent reclamation.
The Mine is being permitted via the Colorado Division of Reclamation, Mining and Safety (DRMS)
Construction Materials Regular (112) Operation Reclamation Permit Application. The Miner has an
approved, but not perfected Colorado Division of Reclamation Mining Safety permit no. M-2024-026 for the
extraction of sands. Financial warranty of $7,159,747 has been set for this operation and must be submitted
prior to issuance of the permit and commencement of mining.
The "Permit Area," approximately 4,018 acres consisting of the S1/4 of Section 34, T6N, 63W and Sections
2, 3, 10, 11, 14, 15, T5N, R63W, was historically used for grazing but is currently being used for oil and gas
well field development. There is a relatively dense presence of active and inactive wells, as well as several
natural gas pipelines running throughout the Permit Area.
During the operation of the mine there will be one (1) hydraulic excavator, three (3) front-end loaders, one
(1) bulldozer, five (5) articulated haul trucks, one (1) water truck, one (1) roller compactor, three (3) utility
pickups, two (2) track loaders and five (5) utility terrain vehicles.
The Miner will employ several stockpiles, storage, and/or areas for off -spec sand (i.e. process discard) in
conjunction with the Mine, some of which will be temporary or transitory, while others will be long-term or
permanent. The initial year of operations will be utilized to develop sufficient pit void to accommodate
salvaged growth medium and process discard stockpiles, with initial pre -strip volumes being placed (and
stabilized) within a temporary stockpile ahead of the mining advance.
There will be three (3) phases to the mine life. Phase 1 is considered pre -production site development and
will commence within three (3) months after all required permits and authorizations are acquired. Phase 1
is anticipated to last ten to twelve (10 to 12) months and will consist of construction of the plant site and
ancillary facilities and initial pit development. Phase 2 is considered production, will commence upon
completion of Phase 1, and is estimated to extend twenty (20) years. Phase 3 is considered closure and
reclamation and will commence upon completion of Phase 2. Concurrent reclamation will be carried out
during Phase 2. Phase 3 activities will be largely limited to final site close-out requirements. The Permit
Area will be restored to rangeland.
The thickness of the sand deposit to be mined is variable but can extend to depths ranging from ten to forty
(10 to 40) -feet below ground surface. Due to the nature of the deposit, no "overburden" is present, therefore,
no "overburden" is anticipated to be encountered or removed. There is, however, an approximately twelve
(12) -inch horizon of "growth medium" that will be recovered before mining and subsequently utilized in
reclamation.
There will be approximately one hundred (100) full-time employees. The applicant is requesting to operate
24/7 with two (2) - twelve (12) -hour shifts: 6/7 a.m. to 6/7 p.m. and 6/7 p.m. to 6/7 a.m. with about fifty (50)
employees on the site at any one time. There will also be part-time employees, or more likely contractors,
utilized for reclamation work from spring thaw through fall planting season
The applicant is requesting that the Weld County Board of County Commissioners extend the hours of
operation of the in -pit mining, storage, sales, and processing plant facility beyond daylight hours to 24/7
operations. Section 23-4-290.B of the Weld County Code, allows the Board of County Commissioners to
authorize additional hours of operation for sand and gravel operations when the Board deems appropriate.
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
USR25-0001 I Wells Ranch
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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."
Weld County recognizes that mineral resource extraction is an essential industry and supports
the regional economy. The availability and reduced cost of local frac sand will have a positive
effect on the successfulness of oil and gas operations in Weld County and insulates the industry
in the event that interstate supply chains are interrupted.
According to the Weld County Sand and Gravel Resources map dated July 1, 1975, the property
is classified as Wind -Deposited Fine Aggregates that may contain sand ranging from coarse
gravelly stream sands to fine-grained sand aggregates. This area has been identified to contain
the desired material and supports the orderly development of mineral resources.
The rangeland associated with the surface estate is underlain with a known viable sand deposit.
Future development of these lands would be precluded until the mineral resource has been
extracted. With the completion of mining, the site will be reclaimed as rangeland as part of the
Wells Ranch. No productive agricultural lands or operations will be impacted by the mine. The
miner will employ several stockpiles, storage, and/or areas for off -spec sand (i.e. process discard)
in conjunction with the Mine, some of which will be temporary or transitory, while others will be
long-term or permanent.
The project is known as the Kersey Mine (Mine) and will be operated by Colorado Sand Company
II, LLC (Miner). The Miner has an approved, but not perfected Colorado Division of Reclamation
Mining Safety permit no. M-2024-026 for the extraction of sands. Financial warranty of $7,159,747
has been set for this operation and must be submitted prior to issuance of the permit and
commencement of mining.
Section 22-2-60.8.1. states, "Ensure that surface development reasonably accommodates mineral
extraction."
The proposed mine location sits on land formerly used for rangeland and oil and gas wells (both
active and inactive), along with associated well pads. There is minimal surface development, and
the Miner has actively collaborated with Chevron to establish an agreement that facilitates
simultaneous operations.
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 eight (8) subject properties are generally located two (2) miles south of County Road 68 and
approximately three (3) miles east of County Road 61.
The application materials state that "The mine ingress and egress points will be located on the
privately controlled section of Weld County Road 64. Upon leaving the privately controlled segment
of Weld County Road 64, mine -related hauling vehicles will travel west along Weld County Road
68, publicly maintained right of way, to Weld County Road 67, another publicly maintained right of
way. Mine -related hauling vehicles will then head north on Weld County Road 67 until reaching
Colorado Highway 392."
Colorado Department of Transportation (CDOT), in an email response dated January 21, 2025,
stated, "A CDOT Access Permit will be required. All improvements must be completed per the
permit prior to the issuance of Notice to Proceed for access use." Furthermore, the CDOT referral
stated, "CDOT accepts the traffic volume and directional -distribution projections provided in the
Traffic Impact Study (TIS). After the Notice to Proceed is issued should actual traffic volumes either
overall, within the peak hour or for any specific turning movements —exceed the developer provided
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projections outlined in the TIS, CDOT reserves the right to require the developer to implement and
additionally necessary safety or operational improvements to ensure the continued safe and
efficient operation of the roadway network and adherence to the State Highway Access Code
(SHAC)."
The Department of Planning Services — Development Review, in their referral dated February
10, 2025, is requiring an Improvements and Road Maintenance Agreement with 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 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.
The adjacent lands are zoned A (Agricultural) and consist of rangeland, farmland, vacant land, rural
residential uses, and ongoing oil and gas activity. The proposed mine will be located in the western
portion of the Wells Ranch and is primarily bordered by land also owned by the Ranch. There are
three (3) residences within one (1) mile of the proposed mined area.
There are a few USRs within one (1) mile of the property boundary. To the north, USR12-0070 oil
and gas support facility, USR13-0061 mineral resource development facility, USR12-0052 for a
non -1401 major facility (greater than 10 -inch crude oil pipeline) and MUSR14-0024 for a non -1401
pipeline. To the east USR-1562 for a 230 kv transmission line. To the south 1 MUSR18-15-0062,
USR15-0058, and USR15-0007 all of which for mineral resource development facility. To the west
USR13-0062 for a mineral resource development facility, USR12-0052 for a non -1401 major facility
(greater than 10 -inch crude oil pipeline), and USR13-0064 for a non -1041 16 -inch natural gas
pipeline.
The Weld County Department of Planning Services sent notice to sixteen (16) Surrounding
Property Owners. No written correspondence or telephone calls of inquiry were received about the
application.
Noise levels must comply with the limits set for the industrial zone district, with measurements taken
25 feet from the property line. The application includes a noise modeling report from Behrens and
Associates, which concludes: "The numerical and graphical noise modeling results indicate that
the proposed operations of the Kersey Mine are expected to comply with the USR daytime and
nighttime Industrial limits outlined in CRS 25-12-103 at 25 feet from the property boundary."
Compliance with the noise modeling report is required as part of the development standards.
Dust control measures will include the use of a water truck and reduced speed limits. The
application indicates that a well from the Wells Ranch Well Field will supply non -potable water
USR25-0001 I Wells Ranch
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through a pipeline on the Ranch. An Air Emission Permit (APEN) from the State is required to cover
dust control for mining operations, haul roads, and all processing equipment.
Fuel storage tanks will be placed on the property with secondary containment, and a Spill
Prevention, Control, and Countermeasure Plan will be available on -site.
The applicant is requesting that the Weld County Board of County Commissioners extend the hours
of operation of the in -pit mining, storage, sales, and processing plant facility beyond daylight hours
to 24/7 operations. Section 23-4-290.B of the Weld County Code, allows the Board of County
Commissioners to authorize additional hours of operation for sand and gravel operations when the
Board deems appropriate.
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 not located within a three (3) mile referral area of any municipality, nor is it located within
any existing Intergovernmental Agreement Area (IGA) of a municipality.
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.
A Geotechnical Investigation Report prepared by CTL Thompson. In this report it was determined
two soil types exist. The Valent sand, 0 to 3 percent slopes (69), representing 34.9 percent of soils
within the Permit Area, and Vona loamy sand, 0 to 3 percent slopes (70) representing 1.4 percent
of the Permit Area. Both are defined as "Farmland of Local Importance." The soil type comprising
the remaining 63.7 percent of the Permit Area, Valent sand, 3 to 9 percent slopes (70), is classified
as "Not Prime Farmland."
The soils within the proposed mined area classified as "Farmland of Local Importance" have been
affected by existing oil and gas development, making them unsuitable for farming at present. Given
the widespread nature of these soils it is not practical for the proposed Mine to avoid impacting
these soils. Therefore, a concurrent reclamation approach will be implemented throughout the life
of the mine. This will involve pre -stripping salvageable growth medium before mining and placing
it on areas that have already been mined. Once mining operations cease and the land is reclaimed,
the soil conditions in the Permit Area will either be restored to their pre -mining state or improved.
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.
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The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-
2-250, and 23-4-290, Weld County Code), Conditions of Approval and Development Standards
can ensure that there are adequate provisions for the protection of health, safety, and welfare of
the inhabitants of the neighborhood and County.
This proposal has been reviewed by the appropriate referral agencies and it has been determined
that the attached conditions of approval and development standards ensure that there are
adequate provisions for the protection of the health, safety and welfare of the inhabitants of the
neighborhood and county and will address and mitigate impacts on the surrounding area with the
operation of open mining (sand, gravel, stone, and overburden) and processing of minerals.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. An Improvements and Road Maintenance Agreement is required for 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 include:
1. State Highway 392 / County Road 67 Intersection Improvements
a. Construct a northbound right turn deceleration lane per the State Highway Access
Code. (Development Review)
b. Construct a northbound to eastbound right turn acceleration lane per the State
Highway Access Code. (Development Review)
c. Construct a westbound left turn deceleration lane per the State Highway Access Code.
(Development Review)
d. Construct a westbound left turn acceleration lane per the State Highway Access Code.
(Development Review)
2. Weld County Road 68 / County Road 67 Intersection Improvements
a. Construct a southbound left turn deceleration lane per the State Highway Access
Code. (Development Review)
b. Construct a westbound right turn deceleration lane per the State Highway Access
Code. (Development Review)
3. Weld County Road 68 / Site Access Improvements
a. Construct an eastbound right turn deceleration lane per the State Highway Access
Code. (Development Review)
B. The applicant shall submit a recorded copy of any agreement signed by all owners of property
crossed by the private access road. The access shall be for ingress, egress, utilities and shall
be referenced on the USR map by the Weld County Clerk and Recorder's Reception number.
(Development Review)
C. The applicant shall address the requirements of the Colorado Department of Transportation,
as stated in their referral dated January 21, 2025. Written evidence of such shall be submitted
to the Weld County Department of Planning Services. (Department of Planning Services)
D. Submit a copy of the well permit that will be utilized to supply potable water, if applicable.
(Department of Public Health and Environment)
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E. The applicant shall acknowledge the comments from the State of Colorado, Division of Wildlife,
as stated in their referral dated February 13, 2025. Written evidence of such shall be submitted
to the Weld County Department of Planning Services. (Department of Planning Services)
F. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR25-0001 (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. County Road 67 is a paved road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The
applicant shall delineate and label on the USR map the existing right-of-way (along with its
creating documents) 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)
10. County Road 68 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 USR map 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. Show and label the approved access location, approved access width and the appropriate
turning radii (65') on the USR map. The applicant must obtain an access permit in the approved
location prior to construction. (Development Review)
12. Show and label the approved tracking control on the USR map. (Development Review)
13. Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely clear
the traveled way when the gate is closed. In no event, shall the distance from the gate to the
edge of the traveled surface be less than 35 feet. (Development Review)
14. Show and label the drainage flow arrows. (Development Review)
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15. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (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. A Right-of-way Use Permit shall be acquired. (Development Review)
B. The approved access and tracking control shall be constructed prior to on -site construction.
(Development Review)
C. 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. (Development Review)
5. Prior to Operation - Mining:
A. If required, the applicant shall develop an Emergency Response Plan with the Office of Emergency
Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility
operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence
of acceptance to the Department of Planning Services. (Department of Planning Services)
B. The applicant shall submit written evidence that the Financial and Performance warranty has been
submitted and accepted by the Division of Mining Reclamation and Safety. (Department of Planning
Services)
C. The operator shall furnish evidence that they are insured to the extent of not less than one hundred
thousand dollars ($100,000.00) against liability for any negligent act or omission by the operator
from the operation or maintenance of the sand and gravel pit and the extraction and production of
sand and gravel and all activities connected with or incidental thereto. (Department of Planning
Services)
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
DEVELOPMENT STANDARDS
Wells Ranch
USR25-0001
1. Use by Special Review, USR25-0001, for Open Mining and Processing of Minerals (Sand Mining and
Processing 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 M-2024-026. (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 parking area for mine equipment, vendors and employees on the site shall be maintained.
(Department of Planning Services)
7. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. (Department of
Planning Services)
8. Lighting shall be maintained in accordance with the approved Lighting Plan, as applicable. (Department
of Planning Services)
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. (Department of Planning
Services)
10. 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)
11. The property owner or operator shall maintain compliance with the accepted Communications Plan.
(Department of Planning Services)
12. 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)
13. 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)
14. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
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15. 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)
16. The Property Owner shall comply with all requirements provided in the executed Improvements and
Road Maintenance Agreement. (Development Review)
17. The Improvements and Road Maintenance Agreement for this site may be reviewed on an annual
basis, including a site visit and possible updates. (Development Review)
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. (Development Review)
19. Weld County is not responsible for the maintenance of on -site drainage related features. (Development
Review)
20. 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)
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, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
22. 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)
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. (Department of Public Health and Environment)
24. 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)
25. 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)
26. 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)
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 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)
28. A permanent, adequate water supply shall be provided for drinking and sanitary purposes, as
applicable. Groundwater may not meet all drinking water standards as defined by the Colorado
Department of Public Health and Environment. The Weld County Department of Health and
Environment strongly encourages well users to test their drinking water prior to consumption and
periodically thereafter. (Department of Public Health and Environment)
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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
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. Floor drain wastes must be collected in a watertight vault and properly disposed of. (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
USR25-0001 I Wells Ranch
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Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
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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March 6, 2025
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
REECE BRADY
2001 KIRBY DRIVE SUITE 360
HOUSTON, TX 77019
Subject: USR25-0001 - A Use by Special Review Permit for Open Mining and Processing of Minerals
(Sand Mining and Processing Plant) in the A (Agricultural) Zone District.
On parcel(s) of land described as:
Sections 2, 3, 10, 11, 14 and 15 in Township 5 North, and Section 34, Township 6 North, all located in
Range 63 West of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on April 1, 2025 at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on April 23, 2025 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://aca-
prod.accela.com/WELD/
Respectfully,
1
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Maxwell Nader
Planner
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