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USE BY SPECIAL REVIEW PERMIT
STAFF COMMENTS
Angela Snyder
USR25-0007
Jerry and Adam Marcovich
9216 County Road 48.5, Johnstown, CO 80534
Hearing Date: June 3, 2025
Asphalt Specialties Co. Inc. c/o Steve Ward
345 W 62nd Avenue, Denver, CO 80126
4125 U.S. Highway 85, Fort Lupton, CO 80621
A Use by Special Review for Open Mining and Processing of Minerals (Sand and
Gravel) in the A (Agricultural) Zone District
Part of the South Half of Section 7, Township 1 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
West of and adjacent to US Highway 85 and approximately 0.25 miles north of
County Road 10
± 57.28 acres
± 44.3 acres
Parcel No. 1471-07-0-00-015
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:
➢ City of Fort Lupton, referral dated March 27, 2025
➢ Colorado Parks and Wildlife, referral dated July 30, 2024
➢ Fort Lupton F-5 Fire District, referral dated March 13, 2025
➢ Colorado Department of Transportation, referral date April 16, 2025
➢ Colorado Division of Water Resources, referral dated March 21, 2025
➢ Weld County Oil and Gas Energy Department, referral dated February 28, 2025
➢ Weld County Department of Public Health and Environment, referral dated March 17, 2025
➢ Weld County Department of Planning Services - Development Review, referral dated March 28, 2025
➢ Weld County Department of Planning Services — Floodplain Administrator, referral dated March 28, 2025
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Xcel Energy, referral dated March 4, 2025
➢ Weld County Sheriff's Office, referral dated February 28, 2025
➢ Central Weld County Water District, referral dated March 27, 2025
The Department of Planning Services' staff has not received responses from the following agencies:
USR25-0007 — Marcovich
Page 1 of 11
➢ City of Dacono
➢ City of Brighton
➢ Platte Valley Conservation District
➢ Weld County School District RE -8
➢ Platte Valley Conservation District
➢ Central Weld County Water District
➢ Central Colorado Water Conservancy
➢ Colorado Division of Reclamation Mining and Safety
➢ Colorado Department of Public Health and Environment
Case Summary:
The applicant, Asphalt Specialties Co. Inc, is requesting a Use by Special Review Permit for open mining
and processing of minerals, referred to as the Marcovich Mining Resource (Mine). The Division of
Reclamation, Mining and Safety issued an approval letter on December 5, 2024, for Permit No. M-2024-
034 for the site.
The proposed site is located just west of U.S. Highway 85 and southwest of the city limits of Fort Lupton,
about 1.5 miles north of County Road 8. The property is bordered on the west by the South Platte River
and is situated in an area characterized by agricultural and resource extraction uses.
Asphalt Specialties Co., Inc is proposing to mine sand and gravel from the site to support ongoing material
needs at their Chavers Mining Resource (Permit No. M-2015-030), also referred to as the Chavers Pit,
which serves as their primary processing and sales location. The Chavers Pit is located in and was
permitted by the City of Fort Lupton. The proposed open mining and processing of minerals will affect
approximately 44.3 acres of the 57.28 -acre permit area. The extracted material from the Mine will be
transported via a private easement crossing an adjacent agricultural parcel directly into the Chavers site for
crushing, screening, washing, and incorporation into concrete and asphalt production. No processing of
material will occur on the Marcovich site.
The mining operation is expected to take just under eight (8) years to complete with an expected average
production of seven hundred thousand (700,000) tons per year.
As this mine is operating as an extension of the Chavers Mining Resource, the applicant is requesting
identical operating restrictions, which are compliant with current Weld County requirements.
Access to the site will be strictly limited to the private easement route. There will be no direct access from
U.S. Highway 85 or any public roadways, minimizing traffic impacts to the surrounding area.
Upon completion of mining activities, the applicant proposes a reclamation plan that will transform the site
into a series of water storage ponds surrounded by rangeland vegetation. Depending on market demand,
portions of the ponds may be subsequently refilled with inert fill material.
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."
USR25-0007 — Marcovich
Page 2 of 11
Marcovich Mining Resource (Mine) is a sand and gravel mine on approximately 44.3 acres.
Weld County recognizes that mineral resource extraction is an essential industry and
supports the regional economy. The availability and reduced cost of local sand and gravel
will positively impact regional development and transportation construction costs and supply.
According to the Weld County Sand and Gravel Resources map dated July 1, 1975, the
property is classified as stream -terrace deposits with fine aggregates. The DRMS application
submitted with the Weld County application shows that this area has been identified to
contain the desired materials (sand and gravel) and supports the orderly development of
mineral resources. Future development of these lands would be precluded until the mineral
resource has been extracted.
Section 22-2-60.8.1. states, "Ensure that surface development reasonably accommodates
mineral extraction."
The Mine will not disturb any existing buildings. According to the Oil and Gas Energy
Department, there is one (1) plugged and abandoned oil and gas well within the mining area.
Outside of the mining area, the property contains two (2) shut-in oil and gas wells in the
southwest corner and a residence with outbuildings in the southeast corner.
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."
Traffic for the Mine will use the existing Chavers Mining Resource access from County Road
8, which is under the jurisdiction of Fort Lupton and provides access via a traffic signal onto
U.S. Highway 85. The City of Fort Lupton, in their referral dated September 11, 2024, has
requested an updated Improvements Agreement. The Colorado Department of Transportation,
in their April 16, 2025 referral, requested the applicant apply for an access permit from County
Road 8 to U.S. Highway 85.
The access to the site from County Road 8 utilizes a forty (40) foot -wide private easement
crossing three private properties. Three crossing agreements, one for each property, were
included with the application materials. The agreement with Sakata Farms, LLC, was entered
into March 2, 2023. The agreement with Kent Ogilvie Living Trust was entered into March 10,
2023. The agreement with Hunt Brothers Properties, Inc., was entered into September 10,
2024.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-3-10. — Intent, of the Weld County Code states, "Agriculture in the COUNTY is
considered a valuable resource which must be protected from adverse impacts resulting from
uncontrolled and undirected business, industrial and residential land USES. The A
(Agricultural) Zone District is established to maintain and promote agriculture as an essential
feature of the COUNTY. 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." Natural resource extraction is provided for in the A
(Agricultural) Zone District. The proposed project use is permitted in the (A) Agricultural Zone
District by a Use by Special Review permit.
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 consist of agricultural and rural residential uses. The closest residence is
located on the site and is owned by John and Adam Marcovich. There is a residence about
USR25-0007 — Marcovich
Page 3 of 11
one -quarter mile north of the site and two (2) other residences within a quarter mile to the east
of the site east of U.S. Highway 85.
There are eight (8) USRs within one mile of the site: USR-1307 for an accessory building
located northeast of the site, USR-1314 for a knife grinding shop located southeast of the site,
USR-998 is for elect power lines 230 KV located north of the site, USR-923 for a church located
northeast of the site, USR-1582 for a water resource project located southwest of the site, and
USR-1608, MUSR14-0020, AMUSR-1259 for mineral resource development facilities located
northwest of the site.
The Weld County Department of Planning Services sent notice to thirteen (13) surrounding
Property Owners within five hundred (500) feet of the site. No correspondence was received.
The proposed use is in an area that can support this development. The existing screening, the
Development Standards, and the Conditions of Approval will assist in mitigating the impacts of
the facility on the adjacent properties and ensure 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 the three (3) mile referral areas of the Cities of Fort Lupton, Brighton
and Dacono, but not located within the Urban Growth Boundaries for the Cities of Brighton, or
Dacono. Responses were not received from the Cities of Brighton or Dacono.
The site is located within the Coordinated Planning Agreement Area (CPA) for the City of Fort
Lupton and within the City's Growth Management Area. As part of the pre -application process
the municipality was sent a Notice of Inquiry (NOI). The City of Fort Lupton submitted a Notice
of Inquiry response, dated September 11, 2024, stating that they are interested in annexation
of the site. Per the NOI, the property owner spoke with the City indicating no interested in
annexation at this time and wants to proceed with the County process. The City of Fort Lupton
submitted referral agency comments dated February 27, 2025, request "...that the property
owner and applicant start working with the City of Fort Lupton on a pre -annexation agreement
and future trail corridor. Public Works requires an updated improvements agreement." Fort
Lupton controls County Road 8, the location of the access to the site.
The 2018 Fort Lupton Comprehensive Plan includes a Future Land Use Map which designates
this site as Mineral Zone. The Mineral Zone is defined as industrial and agricultural uses to
support resource extraction.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The site is located within the 100 -year floodplain/floodway of the South Platte River, as depicted
on FEMA Firm Panel 08123C -2104F, revised November 30, 2023. The applicant has applied
for a Floodplain Development Permit.
The property is not located within the Geologic Hazard Overlay District, A -P (Airport) Overlay
District, I-25 Overlay District, MS4-Municipal Separate Storm Sewer System 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 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
USR25-0007 — Marcovich
Page 4 of 11
The site is not designated as "Prime Farmland". The Natural Resources Conservation Services
(NRCS) Soil Survey indicates that the site has low -slope (0-3°/0) consisting of .2% Alvan loam,
.3% water, 47.4% Ellicott-Ellicot sandy -skeletal complex, and 52.1`)/0 Aquolls and Aquents,
gravelly substratum.
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, 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 this facility.
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. The applicant shall address the requirements of the City of Fort Lupton, as stated in the referral
response dated March 13, 2025. Written evidence of such shall be submitted to the Weld
County Department of Planning Services. (Department of Planning Services)
a. The applicant shall update the existing Improvements Agreement associated with the
access to Fort Lupton -maintained County Road 8.
b. The applicant shall reserve an easement for a trail corridor along the South Platte River as
part of the Reclamation Plan.
c. The applicant shall enter into a pre -annexation agreement with the City of Fort Lupton.
B. The applicant shall address the requirements of the Colorado Department of Transportation,
as stated in the referral response dated April 16, 2025. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
C. An acceptable Final Traffic Impact Study, signed and stamped by a professional engineer
licensed in the State of Colorado, is required. (Development Review)
D. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code
and be amended to delineate the following:
1. All sheets of the map shall be labeled "USR25-0007." (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. Show and label all recorded easements and rights -of -way shall be delineated on the map
by book and page number or reception number. (Department of Planning Services)
4. Show and label the floodplain and floodway (if applicable) boundaries on the map. Label
USR25-0007 — Marcovich
Page 5 of 11
the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number.
(Department of Planning Services - Floodplain)
5. Show the Colorado Department of Transportation (CDOT) right-of-way for Hwy 85 on the
map along with the documents creating the right-of-way. (Development Review)
6. This portion of County Road 8 is under the jurisdiction of the Town of Fort Lupton. Please
contact the municipality to verify the right-of-way. Show and label the right-of-way. Show
the internal roads across the parcels to the south to reach the proposed access onto CR
8. Show the approved access on the site plan and label with the approved access permit
number if applicable. (Development Review)
7. 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 of the Weld County Code, should the map not be recorded within
the specified timeline from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance fee shall be added for each additional 3 -month period. (Department of
Planning Services)
4. 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. (Department of Planning Services)
5. Prior to Construction:
A. The applicant shall 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. Any construction in the floodplain requires a floodplain permit. (Department of Planning
Services - Floodplain)
6. Prior to Operation:
A. Accepted construction drawings and construction of the offsite roadway improvements are
required prior to operation. (Development Review)
B. 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)
C. 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)
USR25-0007 — Marcovich
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D. 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)
E. If required, the applicant shall develop an Emergency Action and Safety 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)
7. 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. (Department of Planning Services)
USR25-0007 — Marcovich
Page 7 of 11
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Asphalt Specialties Co. Inc./ Jerry and Adam Marcovich
USR25-0007
1. Use by Special Review, USR25-0007, for Open Mining and Processing of Minerals (Sand and Gravel
Mining) 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-2024-034. (Department of Planning Services)
5. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services
6. 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)
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, and 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. If required, 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
Platteville Fire Protection 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 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. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
USR25-0007 — Marcovich
Page 8 of 11
15. 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)
16. 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)
17. 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 and the accepted waste handling
plan at all times. (Department of Public Health and Environment)
18. 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)
19. 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)
20. 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 pre -mining
noise assessment. (Department of Public Health and Environment)
21. 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)
22. 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)
23. 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)
24. 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)
25. 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)
26. 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)
27. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public Health
and Environment)
28. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
USR25-0007 — Marcovich
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29. 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)
30. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain/floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map #08123C -2104F, revised November 30, 2023, (South Platte River
Floodplain/F000dway). Any development shall comply with all applicable Weld County requirements,
Colorado Water Conservation Board requirements as described in Rules and Regulations for
Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR
parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or
unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation, drilling operations, or storage of equipment and materials. (Development
Review - Floodplain)
31. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain boundaries
have been modified. (Development Review - Floodplain)
32. The Property Owner shall comply with all requirements provided in the issued Flood Hazard
Development Permit. (Development Review — Floodplain)
33. 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)
34. 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)
35. 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)
36. 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)
37. 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)
38. 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)
USR25-0007 — Marcovich
Page 10 of 11
39. 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. (Department of Planning Services)
40. A 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. (Department of Planning Services)
USR25-0007 — Marcovich
Page 11 of 11
May 9, 2025
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: asnyder@weldgov.com
Phone: (970) 400-3557
Fax: (970) 304-6498
Steve Ward
345 W. 62nd Ave
Denver, CO 80216
Subject: USR25-0007 - A Use by Special Review Permit for Open Mining and Processing of
Minerals (Sand & Gravel Mining) in the A (Agricultural) Zone District
On parcel(s) of land described as:
part of the S1/2 of Section 7, Township1 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 June 3, 2025 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on June 18, 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,
Angela Snyder
Planner
Hello