HomeMy WebLinkAbout20251022.tiffResolution
Approve Use by Special Review Permit, USR25-0001, for Open Mining and
Processing of Minerals (sand mining and processing plant) in the A (Agricultural)
Zone District — Wells Ranch, LLLP, c/o Colorado Sand Company II, 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 23rd day of
April, 2025, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Wells Ranch, LLLP, 32010 County Road 63, Gill, Colorado
80624, c/o Colorado Sand Company II, LLC, 2001 Kirby Drive, Suite 360, Houston, Texas
77019, for Use by Special Review Permit, USR25-0001, for Open Mining and Processing
of Minerals (sand mining and processing plant) in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
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
Whereas, at said hearing, the applicant was represented by Colorado Sand
Company II, LLC, 2001 Kirby Drive, Suite 360, Houston, Texas 77019, and
Whereas, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
Whereas, the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission, and all of the exhibits and evidence presented in this
matter, and having been fully informed, finds that this request shall be approved for the
following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinance in effect.
1) Section 22-2-60.B states: "Support responsible energy and mineral
development." 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 success of oil and gas operations in
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05/23/25
2025-1022
PL2954
Use by Special Review Permit, USR25-0001 — Wells Ranch, LLLP, c/o Colorado Sand
Company II, LLC
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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, and Safety Permit, #M-2024-026, for the extraction of sands.
Financial warranty of $7,159,747.00 has been set for this operation
and must be submitted prior to issuance of the permit and
commencement of mining.
2) Section 22-2-60.B.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.
3) 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 eight (8) subject properties are generally located two (2) miles
south of County Road (CR) 68 and approximately three (3) miles east
of CR 61. The application materials stated, "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.
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Use by Special Review Permit, USR25-0001 — Wells Ranch, LLLP, c/o Colorado Sand
Company II, LLC
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Mine -related hauling vehicles will then head north on Weld County
Road 67 until reaching Colorado Highway 392." The 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 projections outlined in
the TIS, CDOT reserves the right to require the developer to
implement any 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 the 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 23-2-230.B.2 — The proposed use is consistent with the intent of the
A (Agricultural) Zone District. The site's property parcels are zoned
A (Agricultural) and 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.
1) Section 23-3-10, intent, states in part: "The A (Agricultural) Zone
District is intended to provide areas for the conduct of agricultural
activities and activities related to agriculture and agricultural
production, and for areas for natural resource extraction and energy
development, without the interference of other, incompatible land
uses."
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 Use by
Special Review Permit outside of subdivisions and historic townsites.
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C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands are zoned
A (Agricultural) and consist of 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 Wells Ranch. There are three (3)
residences within one (1) mile of the proposed mined area. There are
several USRs within one (1) mile of the property boundary. To the north is
USR12-0070 for an oil and gas support facility, USR13-0061 for a 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 is USR-1562 for a 230 kv transmission line. To the
south is 1 MUSR18-15-0062, USR15-0058, and USR15-0007 all of which
are for mineral resource development facilities. To the west is 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 16 surrounding property owners (SPOs)
and 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 C.R.S. §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 indicated a well from the Wells Ranch Well
Field will supply non -potable water through a pipeline on the Ranch. An Air
Pollutant Emissions Notice (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 onsite. The Board of County Commissioners have extended
the hours of operation of the in -pit mining, storage, sales, and processing
plant facility beyond daylight hours to 24 hours per day, seven (7) days per
week. 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.
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D. Section 23-2-230.B.4 — The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is not located within the three (3) mile referral area
of any municipality, nor is it located within any existing Intergovernmental
Agreement (IGA) area of a municipality.
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 Iocational decision for the
proposed use. A Geotechnical Investigation Report was 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
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Use by Special Review Permit, USR25-0001 — Wells Ranch, LLLP, c/o Colorado Sand
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Statutes provides for the extraction of mineable resources prior to surface
development.
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, and 23-4-290, Weld
County Code), Conditions of Approval and Development Standards 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 Wells Ranch, LLLP, c/o Colorado Sand Company II, LLC,
for Use by Special Review Permit, USR25-0001, for Open Mining and Processing of
Minerals (sand mining and processing 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 Improvements and Road Maintenance Agreement is required for upfront
off -site improvements for the 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 (SHAC).
b. Construct a northbound to eastbound, right -turn, acceleration
lane, per the SHAC.
c. Construct a westbound, left -turn, deceleration lane, per the
SHAC.
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Company II, LLC
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d. Construct a westbound, left -turn, acceleration lane, per the
SHAC.
2. Weld County Road 68 / County Road 67 Intersection Improvements:
a. Construct a southbound, left -turn, deceleration lane, per the
SHAC.
b. Construct a westbound, right -turn, deceleration lane, per the
SHAC.
3. Weld County Road 68 / Site Access Improvements:
a. Construct an eastbound, right -turn, deceleration lane, per the
SHAC.
B. The applicant shall address the requirements of CDOT, as stated in the
referral dated January 21, 2025. Written evidence of such shall be
submitted to the Weld County Department of Planning Services.
C. Submit a copy of the Well Permit that will be utilized to supply potable water,
if applicable.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR25-0001.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The 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.
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Use by Special Review Permit, USR25-0001 — Wells Ranch, LLLP, c/o Colorado Sand
Company II, LLC
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7) The applicant shall show and label all recorded easements and
rights -of -way by book and page number or Reception number and
date.
8) County Road 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 the existing right-of-way (along with its creating
documents) and the physical location of the road on the USR map.
All setbacks shall be measured from the edge of the right-of-way.
This road is maintained by Weld County.
9) County Road 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 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 USR map. All setbacks shall be measured
from the edge of the right-of-way. This road is maintained by Weld
County.
10) The applicant shall 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.
11) The applicant shall show and label the approved tracking control on
the USR map.
12) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
13) The applicant shall show and label the drainage flow arrows.
14) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
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Use by Special Review Permit, USR25-0001 — Wells Ranch, LLLP, c/o Colorado Sand
Company II, LLC
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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 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 continuance fee shall be added for each
additional three (3) month period.
4. Prior to Construction:
A. A Right-of-way Use Permit shall be acquired.
B. The approved access and tracking control shall be constructed.
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.
5. Prior to Operation - Mining:
A. If required, the applicant shall develop an Emergency Response Plan with
the Weld County 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 Office of Emergency Management. The applicant shall
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 and accepted by the Division of
Reclamation, Mining, and Safety.
C. The operator shall furnish evidence that they are insured to the extent of not
less than $100,000.00 against liability for any negligent act or omission by
the operator from the operation or maintenance of the sand and gravel pit
and the extraction and production of sand and gravel and all activities
connected with or incidental thereto.
D. Accepted construction drawings and construction of the off -site roadway
improvements are required prior to operation.
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Use by Special Review Permit, USR25-0001 — Wells Ranch, LLLP, c/o Colorado Sand
Company II, LLC
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6. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. Activity shall not occur, nor shall any Building
or Electrical Permits be issued on the property, until the Use by Special Review
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
Use by Special Review Permit
Development Standards
Wells Ranch, LLLP,
c/o Colorado Sand Company II, LLC
USR25-0001
1. Use by Special Review Permit, USR25-0001, is 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.
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 No. M-2024-026.
5. Mining, plant operations, processing, offices and repair facilities may operate 24
hours per day, without restriction per Board of County Commissioners approval.
The facility may operate seven (7) days per week, year-round.
6. The parking area for mine equipment, vendors and employees on the site shall be
maintained.
7. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
8. Lighting shall be maintained in accordance with the approved Lighting Plan, as
applicable.
9. Revisions, as approved by the Colorado Division of Reclamation, Mining, and
Safety, may, as determined by Weld County staff, require an amendment to this
USR permit.
10. The property owner or operator shall provide written evidence of an approved
Emergency Action and Safety Plan on, or before, March 15th of any given year,
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signed by representatives for the Fire District and the Weld County Office of
Emergency Management to the Department of Planning Services.
11. The property owner or operator shall maintain compliance with the accepted
Communications Plan.
12. The property owner or operator shall be responsible for controlling noxious weeds
on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
13. The access to the site shall be maintained to mitigate any impacts to the public
road, including damages and/or off -site tracking.
14. There shall be no parking or staging of vehicles on public roads. On -site parking
shall be utilized.
15. Any work that may occupy and/or encroach upon any County rights -of -way or
easement shall require an approved Right -of -Way Use Permit, prior to
commencement.
16. The property owner shall comply with all requirements provided in the executed
Improvements and Road Maintenance Agreement.
17. The Improvements and Road Maintenance Agreement for this site may be
reviewed on an annual basis, including a site visit and possible updates.
18. The historical flow patterns and runoff amounts will be maintained on the site in
such a manner that it will reasonably preserve the natural character of the area
and prevent property damage of the type generally attributed to runoff rate and
velocity increases, diversions, concentration and/or unplanned ponding of
stormwater runoff.
19. Weld County is not responsible for the maintenance of on -site drainage related
features.
20. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal
in a manner that protects against surface and groundwater contamination.
21. No permanent disposal of wastes shall be permitted at this site. This is not meant
to include those wastes specifically excluded from the definition of a solid waste in
the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
22. Waste materials shall be handled, stored, and disposed of in a manner that
controls fugitive dust, fugitive particulate emissions, blowing debris, and other
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potential nuisance conditions. The facility shall operate in accordance with
Chapter 14, Article I of the Weld County Code.
23. Fugitive dust should attempt to be confined on the property. Uses on the property
shall comply with the Colorado Air Quality Commission's Air Quality Regulations.
The facility shall be operated in accordance with the accepted Dust Abatement
Plan, at all times.
24. The operator shall submit an Air Pollution Emission Notice (APEN) and Emissions
Permit Application and obtain permits from the Air Pollution Control Division of the
Colorado Department of Public Health and Environment, as applicable.
25. The facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone, as delineated in C.R.S. §25-12-103. The facility shall operate in
accordance with the accepted Noise Modeling Report.
26. The operator shall remove, handle, and stockpile overburden, sand, soil, and
gravel from the facility area in a manner that prevents nuisance conditions.
27. Adequate drinking, handwashing and toilet facilities shall be provided for
employees and patrons of the facility, at all times. Portable toilets and bottled water
are acceptable. Records of maintenance and proper disposal for portable toilets
shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced
by a cleaner licensed in Weld County, shall contain hand sanitizers, and be
screened from existing adjacent residential properties and public rights -of -way.
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.
29. Any On -site Wastewater Treatment System (OWTS) located on the property must
comply with all provisions of the Weld County Code, pertaining to OWTS.
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.
31. A Colorado Discharge Permit System (CDPS) from the Colorado Department of
Public Health and Environment, Water Quality Control Division, shall be obtained,
as applicable.
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32. The facility shall comply with all provisions of the State Underground and Above
Ground Storage Tank Regulations, as applicable.
33. A current Professional Engineer certified and signed copy of the Spill Prevention,
Control and Countermeasure Plan shall be available onsite, as required.
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.
35. Floor drain wastes must be collected in a watertight vault and properly disposed
of.
36. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation, Mining, and Safety.
37. The operation shall comply with the Mine Safety and Health Act (MSHA).
38. The operator shall notify the County of any revocation and/or suspension of any
State -issued permit.
39. The operation shall comply with all applicable rules and regulations of state and
federal agencies and the Weld County Code.
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.
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
have been adopted by Weld County: 2018 International Codes, 2018 International
Energy Conservation Code, 2023 National Electrical Code, and Chapter 29 of the
Weld County Code. A Building Permit application must be completed and two (2)
complete sets of engineered plans, bearing the wet stamp of a Colorado registered
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.
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42. 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.
43. The property owner or operator shall be responsible for complying with the Design
and Operation Standards of Chapter 23 of the Weld County Code.
44. All buildings shall comply with the setback from oil and gas wells, per
Section 23-4-700, as amended.
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.
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.
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.
2025-1022
PL2954
Use by Special Review Permit, USR25-0001 —
Company II, LLC
Page 15
The Board of County Commissioners of Weld
and foregoing Resolution, on motion duly made
the 23rd day of April, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
Wells Ranch, LLLP, c/o Colorado Sand
County, Colorado, approved the above
and seconded, by the following vote on
2025-1022
PL2954
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