HomeMy WebLinkAbout20250779.tiffResolution
Approve Use by Special Review Permit, USR24-0026, for Open Mining and
Processing of Minerals (aggregate mining and batch plant) in the A (Agricultural)
Zone District — CAW Equities, LLC, c/o Ready Mixed Concrete, LLC
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, the Board of County Commissioners held a public hearing on the 26th day of
March, 2025, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of CAW Equities, LLC, 8301 East Prentice Avenue, Suite 120,
Greenwood Village, Colorado 80111, c/o Ready Mixed Concrete, LLC, 2500 East
Brannan Way, Denver, Colorado 80229, for Use by Special Review Permit, USR24-0026,
for Open Mining and Processing of Minerals (aggregate mining and batch plant) in the
A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Lot B Recorded Exemption RE -3000; being part of the SE1/4; part of the
SW1/4 and the N1/2 all of Section 20, Township 4 North, Range 66 West of
the 6th P.M., Weld County, Colorado
Whereas, at said hearing, the Board heard all of the testimony and statements of those
present and reviewed the request of the applicant for a continuance and, having been
fully informed, deemed it advisable to continue the matter to April 23, 2025, at 10:00 a.m.,
to allow the applicant and staff adequate time to address potential modification of
Condition #1.D, (Pre -Annexation Agreement with the Town of Gilcrest), and
Whereas, on April 23, 2025, the applicant was present and represented by Kyle Regan,
Civil Resources, 8308 Colorado Boulevard, Suite 200, Firestone, Colorado 80504, and
Whereas, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
Whereas, the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission, and all of the exhibits and evidence presented in this
matter, and having been fully informed, finds that this request shall be approved for the
following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
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A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinance in effect.
1) Section 22-2-60.B states: "Support responsible energy and mineral
development." The County recognizes that mineral resource
extraction is an essential industry. The availability and cost of
materials such as sand and gravel, have an effect on the
successfulness of general construction of County Roads (CR) and
regional highway construction industries. The agricultural lands
associated with the surface estate is underlain with a known viable
aggregate deposit. With the completion of mining, the site will be
reclaimed as agricultural lands, wildlife habitat and water storage
reservoirs. Commercial mineral deposits known to be located in the
County include sand and gravel, coal and uranium. High -quality sand
and gravel deposits in the County are found along major drainage
ways. According to the Weld County Sand, Gravel Resources Map,
dated July 1, 1975, the mine area is classified as Stream Terrace
Deposits — Fine Aggregates, including sands ranging from coarse
gravelly stream sands to fine grained wind deposited dune sands.
2) Section 22-2-60.B.2 states: "Ensure that infrastructure, such as
adequate roads and utilities, exist or can be made available prior to
development of energy and mineral resource production facilities."
The site is located east of and adjacent to State Highway 60 and
south of CR 44. The ingress and egress for the aggregate processing
facility is proposed off of State Highway 60. Parcel #105720000015
has one (1) permitted access point onto CR 44 (AP22-0013 —
Industrial). The application materials state the access will be used for
initial site start up and maintenance but will not be the main
commercial access. This access shall be upgraded, as needed, to
meet all Code requirements. In addition to the 14 employees working
at the site, the primary source of additional visits will be truck drivers
receiving loads for delivery off -site. The aggregate operation is
estimated to generate up to 1,040 trips per day, or 520 outbound
loaded trucks. The concrete and asphalt plants are estimated to
generate up to 762 daily trips or 381 outbound trucks. Others visiting
the site include vendors, mechanics, inspectors and others with
occasional business at the site. The facility is not open to the general
public.
The Colorado Department of Transportation (CDOT), in an email
response dated January 27, 2025, stated a CDOT permit will be
required, whether for direct highway access, or in -direct access. The
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Department of Planning Services — Development Review, in their
referral dated December 4, 2024 (revised March 25, 2025), is
requiring a Final Traffic Impact Study, stamped and signed by a
Professional Engineer, registered in the State of Colorado, to
address impact to the area roads. Also required is an Improvements
and Road Maintenance Agreement with triggered off -site
improvements, and road maintenance. Road maintenance includes,
but is not limited to, dust control and damage repair to specified haul
routes. The Improvements and Road Maintenance Agreement is a
Condition of Approval to be accepted by the Board of County
Commissioners, prior to recording the USR map.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of the
A (Agricultural) Zone District. The use is consistent with the intent of the
district in which the site is located. The site's parcels are zoned
A (Agricultural), and the proposed project is listed as an aggregate mine,
permitted in the A (Agricultural) Zone District, as detailed in this Use by
Special Review (USR) permit application, and in the Weld County Code.
1) Section 23-3-10 states, in part: "The A (Agricultural) Zone District is
intended to provide areas for the conduct of agricultural activities and
activities related to agriculture and agricultural production, and for
areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses."
2) Section 23-3-40.R allows for open mining (sand, gravel, stone) and
processing of minerals, subject to the additional requirements of
Article IV, Division 4, of the Weld County Code, through a USR
outside of subdivisions and historic townsites.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. Zoning in the area surrounding the
site is A (Agricultural). There are multiple USR permits within a one (1) mile
of the site, including aggregate mining and oil and gas development. The
end use, agricultural lands, wildlife habitat and water storage, is consistent
with the adjacent uses in the surrounding area. The adjacent lands within
one (1) mile of the property boundary consist of agricultural uses, aggregate
mining, rural residences, oil and gas operations and large tract irrigated and
dryland agricultural operations. To the north is USR-1009, for a recreational
paintball facility; USR-1354, for aggregate mining and a concrete batch
plant; and USR-983, for a salvage yard and sales. To the west is
USR22-0030, for an open mining gravel pit; and USR-1183, for a
high-pressure gas line for the Public Service of Colorado. To the east is
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USR-1185, for a machine repair shop. To the south is USR14-0014, for an
oil and gas support and service facility; USR-839, for a commercial
greenhouse; USR13-0039, for an automobile business; USR21-0004, for a
solar energy facility; and USR18-0071, for a construction storage yard.
Planning staff is also aware of pending aggregate and soil mines, currently
in review at the State, to the south of the site. The Town of Milliken's
municipal limit is within one (1) mile west of the proposed mine site and the
Town of Gilcrest is about one -quarter (1/4) mile to the east.
The Weld County Department of Planning Services sent notice to 50
surrounding property owners (SPOs) and no written correspondence or
telephone calls were received about the application. The Conditions of
Approval require that the applicant submit an accepted Emergency Action
and Safety Plan and an accepted Road Maintenance and Improvements
Agreement (for roads and traffic). The Noise Abatement Plan has been
submitted and reviewed. Environmental Health Services, in their referral
dated December 9, 2024, stated noise is restricted to the level allowed in
the Industrial Zone District and noise levels are measured 25 feet from the
property line. The application materials contain a Noise Management Plan,
conducted by Behrens and Associates, Inc., which indicated the industrial
level can be met 25 feet from the property boundary. The conclusion in the
report states the results of the noise modeling indicate that the Section 20
mining and processing operations, for all modeled phases, are predicted to
comply with the allowable Industrial Colorado Revised Statute (CRS) noise
limits at all modeled receptor locations. Adherence to the Noise Modeling
Report is required. There will be fuel storage, which will require compliance
with state regulations, and a Spill Prevention, Control, and Countermeasure
(SPCC) Plan may be required depending on tank storage size. An Air
Pollutant Emissions Notice (APEN) Permit from the state is required and
will address dust control for mining operations, haul roads, and any sand
and gravel processing equipment. The application indicates an APEN has
been submitted to the state. The Conditions of Approval also require a
Decommissioning Plan, Lighting Plan, Communication Plan, Screening and
Landscaping Plan and an approved Access Permit for State Highway 60,
and any associated off -site improvements, as required by CDOT, to ensure
safety to the travelling public, and compatibility with surrounding land uses
and the region.
D. Section 23-2-230.B.4 — The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected, by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
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municipalities. The site is located within a three (3) mile referral area of
four (4) municipalities, the City of Evans and the Towns of Milliken,
Platteville and Gilcrest. The proposed mine is located within the Weld
County Coordinated Planning Agreement areas of the City of Evans, and
the Towns of Milliken, Platteville and Gilcrest. The City of Evans returned a
Notice of Inquiry (NOI) form dated July 13, 2023, which stated the area is
beyond their urban growth boundary and is ineligible for annexation. The
Town of Platteville returned a NOI form dated July 13, 2023, which stated
the development area is outside (north) of the Town of Platteville's Growth
Boundary. The Town of Gilcrest returned a NOI form dated July 17, 2023,
which stated the Town Board and staff met with Lembke/Red Tierra several
times in 2022 regarding annexation. Lembke sent an email on July 12,
2023, which stated he wanted to start the annexation process again;
however, an Annexation Petition has not yet been received by the Town of
Gilcrest. The Town of Milliken did not respond to a NOI form. All four (4)
municipalities did not respond to the referral request.
A mutual letter from the Towns of Gilcrest and Platteville, dated
December 11, 2023, (in response to PRE23-0271, which eventually
became USR25-0002) mentioned the future development of two (2)
additional proposed mining operations, being the 790 -acre Monarch-Denm
Gravel Mine (USR22-0030) and the 596.55 -acre Section 20 Gravel Mine
(USR24-0026 — formally known as Red Tierra), which were within the Town
of Gilcrest's Urban Grown Boundary, along with a substantial portion of the
Monarch-Denm Gravel Mine falling within the Towns of Platteville and
Gilcrest Coordination area. The towns shared concerns regarding
environmental and transportation impacts, adverse impacts on the Town of
Gilcrest's groundwater levels, and the loss of land area designated for future
development in alignment with their community's vision for future. The letter
requested both future mines (USR22-0030 and USR24-0026) be annexed
into the Town of Gilcrest. USR22-0030 was approved by the Board of
County Commissioners on April 26th, 2023. The proposed gravel mine is
located within the Town of Gilcrest's Urban Growth Boundary and the
Platteville-Gilcrest Coordination area, as depicted in the 2011
Intergovernmental Agreement between the Towns of Gilcrest and
Platteville. As such, the Town of Gilcrest submitted a formal referral
response in coordination with the Town of Platteville. The proposed mine
site is located outside of the City of Evans' Future Land Use Map of 2022,
the Town of Platteville's Urban Growth Boundary, as defined in their 2023
Comprehensive Plan, and the Town of Milliken's Future Land Use Plan, as
defined in their 2023 Comprehensive Plan.
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The proposed mine is identified in a low -density residential area and in
Tier 2 and Tier 3 of the Town of Gilcrest's growth priority tiers, per the 2017
Town of Gilcrest's Framework Plan. The applicant had further discussions
with the Town of Gilcrest regarding the signed NOI form dated July 17,
2023. The Town of Gilcrest and the applicant have both decided to try to
come to an agreement on annexation. Both agree that the Town of Gilcrest
does not have the bandwidth to permit the site and prefers the Section 20
Gravel Mine go through the USR process, prior to annexation. Per the
Town of Gilcrest's referral dated February 21, 2025, an application for
annexation was received by the Town of Gilcrest and is currently in the
completeness review stage of the development review process. The town
staff and consultants will coordinate with the owner's engineer to schedule
a meeting to discuss the annexation submittal requirements, including the
annexation petition, annexation map, annexation impact report, etc. The
objective is to obtain a complete annexation application, or enough
information to enter into a Pre -Annexation Agreement.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not located
within any overlay district officially adopted by the County, including A -P
(Airport) Overlay District, I-25 Overlay District, Geologic Hazard Overlay
District, MS4 - Municipal Separate Storm Sewer System area, Special Flood
Hazard Area, Historic Townsites Overlay District, or Agricultural Heritage
Overlay District. Building Permits issued on the lot will be required to adhere
to the fee structure of the County -Wide Road Impact Fee, County Facility
Fee, and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 — If the use is proposed to be located in the
A (Agricultural) Zone District, the applicant has demonstrated a diligent
effort to conserve Prime Farmland in the locational decision for the
proposed use. The proposed mine site is located on 631 acres with 77% of
it being considered soils that are Prime farmland if irrigated and 0.4% being
Farmland of Statewide and Local Importance, per the NRCS Soil Survey for
Weld County. Post mining, the land will be reclaimed back to seven (7)
water storage reservoirs, which will assist with creating a wildlife habitat and
water storage for agricultural lands in the area. The Western Mutual Ditch
bisects parts of the land and is planned to remain in place. Each phase will
continue to be farmed while mining is occurring in other phases. As stated,
the properties contain some Farmland of Statewide and Local Importance;
however, the property also contains a commercial mineral deposit, which
state statutes say must be protected from development. The Weld County
Comprehensive Plan also protects these lands from uses interfering with
extraction of sand and gravel. Mineral extraction will provide economic
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revenues for Weld County from the land and will not interfere with the
agricultural productivity of surrounding properties. Colorado Revised
Statute provides for the extraction of mineable resources prior to any
surface development.
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, and 23-4-290, Weld
County Code), Conditions of Approval and Development Standards can
ensure there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County. This
proposal has been reviewed by the appropriate referral agencies and it has
been determined that the attached Conditions of Approval and
Development Standards ensure there are adequate provisions for the
protection of the health, safety and welfare of the inhabitants of the
neighborhood and county and will address and mitigate impacts on the
surrounding area with the operation of open mining (sand, gravel, stone,
and overburden) and processing of minerals.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the application of CAW Equities, LLC, c/o Ready Mixed Concrete, LLC, for
Use by Special Review Permit, USR24-0026, for Open Mining and Processing of Minerals
(aggregate mining and batch plant) in the A (Agricultural) Zone District, on the parcel of
land described above, be, and hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. An acceptable Final Traffic Impact Study, signed and stamped by a
professional engineer, licensed in the State of Colorado, is required.
B. An Improvements and Road Maintenance Agreement may be required for
triggered off -site improvements, based on the final stamped and approved
Traffic Impact Study. Road maintenance includes, but is not limited to, dust
control and damage repair to specified haul routes.
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 and Environment. The Environmental Health
Division of the Weld County Department of Public Health and Environment
was unable to locate an OWTS Permit for the property at
20857 County Road 29. Any OWTS not currently permitted or documented
by the Weld County Department of Public Health and Environment will need
to undergo an OWTS Evaluation before the required permit or
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documentation can be issued. If the system is found to be inadequate, it
must be brought into compliance with current OWTS regulations.
D. The applicant shall submit a copy of the water service for 20857 County
Road 29.
E. The applicant shall address the comments of the Town of Gilcrest, as stated
in the referral dated February 23, 2025, including a prospective
Pre -annexation Agreement and a request for approval of proposed
groundwater mitigation measures. Written evidence of such shall be
submitted to the Weld County Department of Planning Services.
F. A Landscape and Screening Plan shall be submitted to, and approved by,
the Department of Planning Services that screens the site from the
Surrounding Property Owners and rights -of -way.
G. The applicant shall address the requirements of CDOT, as stated in the
referral dated January 27, 2025. Written evidence of such shall be
submitted to the Weld County Department of Planning Services.
H. The applicant shall acknowledge the recommendations of the Weld County
Oil and Gas Energy Department, as stated in the referral dated
November 13, 2024. Written evidence of such shall be submitted to the
Weld County Department of Planning Services.
I. The applicant shall acknowledge the comments from the State of Colorado,
Division of Water Resources, as stated in the referral dated December 2,
2024. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
J. The applicant shall acknowledge the comments from the State of Colorado,
Division of Wildlife, as stated in the referral dated November 25, 2024.
Written evidence of such shall be submitted to the Weld County Department
of Planning Services.
K. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR24-0026.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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4) The applicant shall delineate the trash collection areas on the map.
Section 23-2-240.A.13 of the Weld County Code addresses the issue
of trash collection areas.
5) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 of the Weld County Code.
6) The map shall delineate the parking area for the mine vehicles, mine
equipment, vendors, and employees.
7) The applicant shall show and label all recorded easements and
rights -of -way by book and page number or Reception number and
date.
8) The applicant shall show the CDOT right-of-way for
State Highway 60 on the map, along with the documents creating the
rig ht -of -way.
9) CR 44 is a paved road and is designated on the Weld County
Functional Classification Map as an arterial road, which requires 140
feet of right-of-way at full buildout. The applicant shall delineate and
label the future and existing right-of-way (along with the documents
creating the existing right-of-way) and the physical location of the
road on the site map or plat. All setbacks shall be measured from the
edge of the right-of-way. This road is maintained by Weld County.
10) CR 42 is a paved road and is designated on the Weld County
Functional Classification Map as a collector road, which requires 80
feet of right-of-way at full buildout. The applicant shall delineate and
label the future and existing right-of-way (along with the documents
creating the existing right-of-way) and the physical location of the
road on the site map or plat. All setbacks shall be measured from the
edge of the right-of-way. This road is maintained by Weld County.
11) CR 29 is a gravel road and is designated on the Weld County
Functional Classification Map as a local road, which requires 60 feet
of right-of-way at full buildout. The applicant shall delineate and label
the future and existing right-of-way (along with the documents
creating the existing right-of-way) and the physical location of the
road on the site map or plat. All setbacks shall be measured from the
edge of the right-of-way. This road is maintained by Weld County.
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12) The applicant shall show and label the proposed initial/maintenance
access location onto CR 44, along with all other existing access
locations onto CR 29, CR 42, and CR 44. Include the approved
access width and the appropriate turning radii on the site plan. As
appropriate, label accesses as "Close and Reclaim." Access
specifics will be reviewed during the review of the USR map.
13) The applicant shall show and label the approved tracking control on
the site plan.
14) The applicant shall show and label the entrance gate(s), if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
15) The applicant shall show and label the approved main site access
location onto State Highway 60 and include the Access Permit
number.
16) The applicant shall show and label the drainage flow arrows.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a paper map along with all other documentation required as
Conditions of Approval. The paper map shall be recorded in the office of the Weld
County Clerk and Recorder by the Department of Planning Services. The map
shall be prepared in accordance with the requirements of Section 23-2-260.D of
the Weld County Code. The paper map and additional requirements shall be
submitted within 120 days from the date of the Board of County Commissioners
Resolution. The applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J, Weld County Code Ordinance, should the map
not be recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 continuance fee shall be added for each
additional three (3) month period.
4. Prior to Construction:
A. Obtain a Weld County Grading Permit if more than one (1) acre is to be
disturbed for construction outside of the gravel mining area.
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B. Obtain all required Access Permits from Weld County and CDOT.
C. Construct the approved tracking control.
D. The applicant shall submit an ALTA survey that identifies all subsurface
utilities.
5. Prior to Operation - Mining:
A. If required, the applicant shall develop an Emergency Response Plan with
the Office of Emergency Management and the Fire District. The plan shall
be reviewed on an annual basis by the Facility operator, the Fire District and
the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services.
B. The applicant shall submit written evidence that the Financial and
Performance warranty has been submitted to, and accepted by, the Division
of Mining, Reclamation and Safety.
C. The operator shall furnish evidence that they are insured to the extent of not
less than $100,000.00 against liability for any negligent act or omission by
the operator from the operation or maintenance of the sand and gravel pit
and the extraction and production of sand and gravel and all activities
connected with, or incidental thereto.
D. The applicant shall complete all up -front access and haul route
improvements, required by CDOT. Written evidence of CDOTs acceptance
shall be submitted to the Weld County Department of Planning Services.
6. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. Activity shall not occur, nor shall any Building
or Electrical Permits be issued on the property, until the Use by Special Review
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved
Use by Special Review Permit
Development Standards
CAW Equities, LLC,
c/o Ready Mixed Concrete, LLC
USR24-0026
1 Use by Special Review Permit, USR24-0026, is for Open Mining and Processing
of Minerals (aggregate mining and batch plant) in the A (Agricultural) Zone District,
subject to the Development Standards stated hereon.
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2. Approval of this plan may create a vested property right, pursuant to
Section 23-8-10 of the Weld County Code.
3. The mine shall remain in compliance with the County Open Mining requirements,
per Chapter 23, Article IV, Division 4 of the Weld County Code, as amended,
including Operations policies and Reclamation policies.
4. The mine shall remain in compliance with the approved Division of Reclamation,
Mining and Safety 112c Permit number M2022-001.
5. All permitted operations shall be conducted during the hours of daylight, except in
the case of a declared emergency disaster by the Board of County Commissioners.
When the permitted operations are occurring at night, they will only occur when
material is requested by cities, counties, or CDOT, for night projects. Operations
will be considered "night operations" when they take place between the hours of
one (1) hour after sundown to one (1) hour before sunrise. Depending on the
request of the jurisdiction, night operations could occur seven (7) days per week.
When the applicant becomes aware of projects that require night operations, they
will email the Director of the Weld County Department of Planning Services about
the plans to operate outside of daylight hours, who the project is for, how long it
will be occurring, and where the materials are being delivered.
6. The number of on -site employees shall be up to 20, as stated in the application.
7. The parking area for mine equipment, vendors and employees on the site shall be
maintained.
8. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
9. Lighting shall be maintained in accordance with the approved Lighting Plan, as
applicable.
10. The proposed landscaping and screening on the site shall be maintained in
accordance with the accepted Landscape and Screening Plan.
11. 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.
12. 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.
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13. The property owner or operator shall maintain compliance with the accepted
Communications Plan.
14. The property owner or operator shall be responsible for controlling noxious weeds
on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
15. The access to the site shall be maintained to mitigate any impacts to the public
road, including damages and/or off -site tracking.
16. There shall be no parking or staging of vehicles on public roads. On -site parking
shall be utilized.
17. Any work that may occupy and/or encroach upon any County rights -of -way or
easement shall require an approved Right -of -Way Use Permit, prior to
commencement.
18. The property owner shall comply with all requirements provided in the executed
Improvements Agreement, if required.
19. The Improvements Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates, if required.
20. Weld County is not responsible for the maintenance of on -site drainage related
features.
21. The historical flow patterns and runoff amounts on the site will be maintained.
22. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal
in a manner that protects against surface and groundwater contamination.
23. No permanent disposal of wastes shall be permitted at this site. This is not meant
to include those wastes specifically excluded from the definition of a solid waste in
the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
24. Waste materials shall be handled, stored, and disposed of in a manner that
controls fugitive dust, fugitive particulate emissions, blowing debris, and other
potential nuisance conditions. The facility shall operate in accordance with
Chapter 14, Article I of the Weld County Code.
25. 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.
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26. 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 of the Colorado Department of Public Health, and Environment, as
applicable.
27. The facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone as delineated in C.R.S. §25-12-103. The facility shall operate in
accordance with the accepted Noise Modeling Report.
28. The operation shall remove, handle, and stockpile overburden, sand, soil, and
gravel from the facility area in a manner that prevents nuisance conditions.
29. 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.
30. Any On -site Wastewater Treatment System (OWTS) located on the property must
comply with all provisions of the Weld County Code, pertaining to OWTS.
31. 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.
32. A Colorado Discharge Permit System (CDPS) from the Colorado Department of
Public Health and Environment (CDPHE), Water Quality Control Division, shall be
obtained as applicable.
33. The facility shall comply with all provisions of the State Underground and Above
Ground Storage Tank Regulations, as applicable.
34. A current, Professional Engineer certified and signed copy of the Spill Prevention,
Control and Countermeasure Plan shall be available onsite, as required.
35. 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.
36. The facility shall be operated in a manner to prevent odors. Odors detected offsite
shall not equal or exceed the level of fifteen -to -one dilution threshold, as
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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 offsite of the facility meet or exceed the level of fifteen -to -one dilution
threshold, or in the judgment of the Weld County Health Officer, there exists an
odor condition requiring abatement.
37. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation, Mining and Safety.
38. The operation shall comply with the Mine Safety and Health Act (MSHA).
39. The facility shall notify the County of any revocation and/or suspension of any
state -issued permit.
40. The operation shall comply with all applicable rules and regulations of state and
federal agencies and the Weld County Code.
41. 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.
42. Building Permits may be required for any new construction, set up of manufactured
structures, or change of use of existing buildings, per Section 29-3-10 of the Weld
County Code. Buildings and structures shall conform to the requirements of the
various codes adopted at the time of permit application. Currently, the following
have been adopted by Weld County: 2018 International Codes, 2018 International
Energy Conservation Code, 2020 National Electrical Code, and Chapter 29 of the
Weld County Code. A Building Permit application must be completed and two (2)
complete sets of engineered plans, bearing the wet stamp of a Colorado registered
architect or engineer, must be submitted for review. A Geotechnical Engineering
Report, performed by a Colorado registered engineer, or an Open Hole Inspection
shall be required. A Building Permit must be issued prior to the start of construction.
43. Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County -Wide Road Impact Fee, County Facility Fee, and Drainage
Impact Fee Programs.
44. The property owner or operator shall be responsible for complying with the Design
and Operation Standards of Chapter 23 of the Weld County Code.
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45. All buildings shall comply with the setback from oil and gas wells, per
Section 23-4-700, as amended.
46. 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.
47. 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.
48. 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.
49. 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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The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 23rd day of April, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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