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LAND USE APPLICATION
SUMMARY SHEET
Diana Aungst
USR24-0019
NGL Water Solutions DJ LLC c/o Doug White
865 North Albion Street, Suite 500, Denver, CO 80220
Biochar Now, LLC c/o James Gaspard
19500 County Road 7, Berthoud, CO 80513
Blackfoot Properties LLC c/o Bob Demaree
1142 Judson Street, Longmont, CO 80501
Hearing Date: October 7, 2025
Use by Special Review Permit for uses similar to organic composting (biochar
processing), outside of subdivisions and historic townsites in the A (Agricultural) Zone
District.
Lot A and Lot B of Recorded Exemption RECX17-0182; being a part of the N2 of Section
28, Township 1 North, Range 66 West of the 6th P.M., Weld County, CO
Location: South of and adjacent to CR 6 and about 0.25 miles west of CR 31
Size of Parcels: +/- 32.97 acres Parcel Nos. 1471-28-1-00-012
1471-28-1-00-013
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:
➢ Weld County Oil and Gas Energy Department, referral dated August 27, 2024
➢ State of Colorado, Division of Water Resources, referral dated August 28, 2024
➢ Colorado Department of Public Health and Environment, referral date September 23, 2025
➢ Weld County Department of Public Health and Environment, referral dated September 19, 2024
➢ Weld County Department of Planning Services — Development Review, referral dated September 18, 2024
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ City of Fort Lupton, referral dated September 24, 2024
➢ Weld County Sheriff's Office, referral dated August 8, 2024
➢ Colorado Parks and Wildlife, referral dated February 3, 2025
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Kalooga Lake
➢ Adams County
➢ City of Brighton
➢ Town of Lochbuie
➢ Brighton Fire Rescue District
➢ Weld County School District RE -8
➢ West Adams Conservation District
➢ Central Weld County Water District
➢ Weld County Office of Emergency Management
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Case Summary:
The applicant, Biochar Now, LLC represented by Blackfoot Properties LLC, is requesting a Use by Special
Review for a biochar facility on two (2) properties owned by NGL Water Solutions DJ LLC. The size of the
two (2) lots together is about thirty-three (33) acres, and the biochar facility will occupy the southern sixteen
(16) acres of the larger lot.
The product created, biochar, is similar in appearance to charcoal, and is considered a stable, carbon -rich
material created by pyrolysis (the heating of an organic material, such as wood, in the absence of oxygen
at or above 900 °F). Like charcoal, biochar ranges in size from a powder to a chunk depending on the
purpose. The pyrolysis kilns operate under a sealed, vacuum process that produces no visible emissions.
Air emissions are regulated by the Colorado Department of Public Health and Environment (CDPHE). State
air permits will be obtained prior to operation. Biochar Now will be registering as an Industrial Recycling
Facility with CDPHE and will follow environmental best practices.
Biochar is used for agriculture applications including soil amendments, carbon capture, and water filtration.
The biomass source that will be used to create biochar at this site will be waste wood like wooden pallets
from Vestas and other companies on the US -85 corridor.
The site is being leased for flood -irrigated farming and contains three (3) EPA Class II injection wells and
associated facilities (ROY Salt Water Disposal PAD). The three (3) wells were constructed circa 2019, each
well is covered with a two hundred fifty (250) square foot shed. The three (3) injection wells were installed
without a land use permit and in order for Biochar Now, LLC to commence operations on the subject
property these injection wells are required to be properly permitted. The On July 25, 2025, a
1041 WOGLA25-0021 was submitted to the Weld County Oil and Gas Energy Department to permit the
injection wells.
A new 1,500 square foot modular office is proposed to be constructed on site. The stockpiles of waste wood
will be placed on a new 10,000 square foot concrete pad. These stockpiles will not exceed twenty (20) -feet
in height. Gravel will be placed on all the driving areas and in the portion of land that where the active kilns
will be located. The other equipment on the site includes a mobile shredder, a mobile screener, a skid steer,
a loader, a five hundred (500) -gallon diesel tank, and an 18,000 -gallon propane tank, both with secondary
containment. Brighton Fire Rescue District has been contacted by the applicant to ensure appropriate fire
prevention measures are in place.
There will be forty (40) kilns on site with about thirty (30) kilns operating at any one time. The kilns will
operate 24 hours a day / 7 days a week / 365 days a year. The twenty-four (24) -hour workdays will be split
into three (3) eight (8) -hour shifts with four (4) employees per shift. The maximum number of employees
and delivery drivers, etc. on site at any one time will not exceed eighteen (18). A new commercial well and
an on -site wastewater treatment system (OWTS) will be constructed. There will be no customers or visitors
at this site.
The application materials propose a variety of methods to mitigate the impacts of the facility. The visual
impacts are addressed with an eight (8) -foot opaque metal fence. No landscaping is proposed. The lighting
will be directed away from surrounding residential properties and the noise study states that sound walls
will be installed in strategic areas to ensure compliance with the noise limit of 55 dBA. The application
materials also include a Waste Handling Plan that addresses containment and cleanup protocols as well
as a Dust Abatement Plan. Truck traffic and nuisance activities i.e. activities generating noise or light will
occur during daylight hours, typically, 6:00 a.m. to 8:00 p.m. April through October and 7:00 a.m. to 7:00
p.m. November through March.
There will be twelve (12) passenger cars per day with the concentration of traffic occurring at shift change
6:00 a.m., 2:00 p.m. and 11:00 p.m. each day. There will be twelve (12) tandem trucks per day and three
(3) semi -trucks per day, Monday through Friday, between 8:00 a.m. - 5:00 p.m. Additional traffic includes
the weekly delivery of Biochar's mobile shredder and mobile screener, which are used to break down the
waste wood and sort it to be loaded into kilns. Company employees will load up trucks and deliver the final
product from the subject property and deliver the biochar to the Berthoud Biochar Now location to be
processed, sorted, and bagged.
USR24-0019 I Biochar Now, LLC
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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 [Weld County
Comprehensive Plan] and any other applicable code provisions or ordinance in effect.
Section 22-2-10.A. states: "Respecting Our Agricultural Heritage. Weld County has an
agricultural heritage built upon the hard work of pioneers and farmers on traditional family
farms. Weld County is now one of the most economically productive agricultural counties in the
nation. The Weld County Right to Farm Statement and the Goals and Objectives in this Plan
support the importance of agriculture in the County."
The applicant, Biochar Now, LLC, is requesting a Use by Special Review (USR) for the
establishment and operation of a biochar manufacturing facility on about sixteen (16) acres of
a thirty-three (33) acres site. Biochar is created via pyrolysis, that is heating organic matter, in
the absence of oxygen at temperatures above 900°F in a kiln. Biochar is utilized as an
agricultural soil amendment. The source of the organic matter will include the waste wood like
the pallets from Vestas. Biochar Now utilizes a proprietary pyrolysis technology that reduces
emissions.
Section 22-2-10.B. states: "Respecting Private Property Rights. One of the basic principles
upon which the United States was founded is the right of citizens to own and utilize property so
long as that use complies with local regulations and does not interfere with or infringe upon the
rights of others."
If this USR is approved a new 1,500 square foot modular office will be constructed. The
stockpiles of waste wood will be placed on a new 10,000 square foot concrete pad. These
stockpiles will not exceed twenty (20) -feet in height. There will be forty (40) kilns on site with
about thirty (30) kilns operating at any one time. The kilns will operate 24 hours a day / 7 days
a week / 365 days a year. The twenty-four (24) -hour workdays will be split into three (3) eight
(8) -hour shifts with four (4) employees per shift. The maximum number of employees and
delivery drivers, etc. on site at any one time will not exceed eighteen (18). A new commercial
well and an on -site wastewater treatment system (OWTS) will be constructed. There will be no
customers or visitors at this site. Gravel will be placed on all the driving areas and in the portion
of land where the active kilns will be located. The other equipment on the site includes a mobile
shredder, a mobile screener, a skid steer, a loader, a five hundred (500) -gallon diesel tank,
and an 18,000 -gallon propane tank, both with secondary containment. Brighton Fire Rescue
District has been contacted by the applicant to ensure appropriate fire prevention measures
are in place.
The site contains three (3) EPA Class II injection wells and associated facilities (ROY Salt
Water Disposal PAD) that were constructed on the site circa 2019, each well is covered with a
two hundred fifty (250) -square foot shed. The three (3) injection wells were installed without a
land use permit and in order for Biochar Now, LLC to commence operations on the subject
property these injection wells are required to be properly permitted. The On July 25, 2025, a
1041 WOGLA25-0021 was submitted to the Weld County Oil and Gas Energy Department to
permit the injection wells. As of the date of this hearing the WOGLA is still under review.
Section 22-2-30.C. states: "Harmonize development with surrounding land uses."
The application materials include mitigation strategies for the visual, audio (noise), lighting,
waste, and dust, and traffic impacts. The application materials state that, due to the patented
pyrolysis method used, emissions are mitigated and in compliance with the Colorado
USR24-0019 I Biochar Now, LLC
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Department of Public Health and Environment (CDPHE) emission requirements. Visual
impacts will be addressed by the installation of an eight (8) -foot opaque metal fence around
the site. While no landscaping is proposed, the fencing will provide a visual screen from
adjacent properties and public rights -of -way. Lighting at the facility will be directional, aimed
away from nearby residential properties. Free-standing sound walls will surround the
equipment, like the shredder and the kilns, to ensure that the noise as measured at 25 feet off
the property line will not exceed the 55 dBA noise allowance. The application materials also
include a Waste Handling Plan that addresses containment and cleanup protocols as well as
a Dust Abatement Plan. Truck traffic and other nuisance activities i.e. activities generating
noise or light will occur during daylight hours, typically, 6:00 a.m. to 8:00 p.m. April through
October and 7:00 a.m. to 7:00 p.m. November through March.
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." Biochar manufacturing is directly related to agricultural
production and is also used in energy development.
Section 23-3-40.W. Uses by Special Review, of the Weld County Code allows for "Organic
Fertilizer Production/Composting Facilities" in Lots outside of a subdivision and historic
townsite in the (A) Agricultural Zone District.
Section 23-1-90. states that organic fertilizer production/composting facilities are facilities
where animal manure and other biodegradable materials are brought from other properties for
composting. The waste wood proposed to be composted are the wooden pallets from Vestas
and other companies along the US -85 corridor. Waste wood meets the definition of
`biodegradable product' therefore the Biochar Now operation is a use that can be permitted
under 23-3-40 of the Weld County Code.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent properties are zoned A (Agricultural) and the land uses include pastures, crops
and rural residences. There are two (2) residences within 350 feet of the site, one (1) to the
south and one (1) to the east.
There are nine (9) USRs within one mile of the site. SUP -349 for a 500 head hog farm 500,
CUP -12 for a single-family residence, SUP -93 for a 1,500 head feed lot for cattle, USR-1676
for a research, repair, and manufacturing facility, USR14-0018 for a dump station and storage
facility, USR16-0034 for an open pit mining, USR17-0032 for a greater than 12 inch, high
pressure natural gas pipeline, USR17-0070 for a mineral resource development facility, and
USR20-0009 for a kennel and the keeping of exotic animals.
There are nine (9) agriculturally zoned properties within 500 feet of the subject property. There
are five (5) unique property owners, one (1) owner owning five (5) of the surrounding properties.
The Weld County Department of Planning Services sent notice to the five (5) surrounding
property owners as well as United Power, two (2) ditch companies, Kerr McGee and HS
Resource. Eleven (11) letters of objection were received. Five (5) from the surrounding property
owners (SPOs) within 500 feet (with one (1) owner submitting two (2) letters), three (3) from
property owners outside the 500 -foot buffer. Additionally, a letter from an equine veterinarian,
was received with concerns about the effect on animals. Two (2) letters were received outlining
concerns about the negative effect on animals and/or the environment one (1) from Stillwater
USR24-0019 I Biochar Now, LLC
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Outfitters and one (1) from the Environmental and Animal Defense (eaDefense) organization.
All of these letters outline concerns about potential air, noise, and light pollution, disturbance
to ecosystems, adverse impacts to wildlife, livestock, and other animals, carcinogenic dust from
charcoal, increased traffic, decreased property value, fire safety, drainage issues, compatibility
with surrounding agricultural operations, and lack of adequate visual screening. The letters also
stated that the existing alfalfa production on the property would be eliminated, thereby
disrupting historic agriculture and contributing to the decline of productive farmland.
The scientific abstract submitted by Environmental and Animal Defense (eaDefense) indicated
that, among other things, pyrolysis produces ozone, there will be a negative effect to the air
quality, noise will exceed the 55 dB, the establishment of the biochar facility will result in the
loss of prime farmland, and the proposed screening is not adequate.
Biochar Now, LLC submitted a response to the SPO letters and stated that a neighborhood
meeting was held on October 12, 2024. The response included a copy of two (2) emails from
Biochar Now, LLC dated February 1, 2025, and October 2, 2024, and articles on biochar. The
response to the concerns also included a publication excerpt from Research Gate entitled "All
biochars are not created equal and how to tell them apart", a technical report from Northern
California Accutest Laboratories concerning soil testing, and a Memorandum from Trinity
Consultants entitled "process description and emissions summary". The email dated February
1, 2025, stated that Biochar Now utilizes patented technology for pyrolysis and meets the
Colorado Department of Public Health and Environment (CDPHE) emission guidelines and
referenced the Research Gate article. The October 2, 2024, email states Biochar Now's biochar
has been tested and there are no hydrocarbons in the exhaust and because there are no
polycyclic aromatic hydrocarbons (PAHs) in the final product, it does not cause cancer.
The Colorado Parks and Wildlife submitted referral agency comments dated February 3, 2025,
with no concerns. Colorado Department of Public Health and Environment's Air Pollution
Control Division (CDPHE) submitted referral agency comments dated September 23, 2025
stated that per Regulation No. 3 an Air Pollutant Emissions Notice (APEN) is required and listed
recommendations for dust abatement. The Weld County Office of Emergency Management,
and Brighton Fire Rescue did not respond with any referral agency comments.
With the patented technology utilized by the kilns, the proposed screening around the site, the
noise and visual mitigation, and the truck trips limited to daylight hours the proposed use is in
an area that can support this development and 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 -- That the uses which would 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 this Code or master plans of affected municipalities.
The site is located within the Coordinated Planning Agreement Area (CPA) for the City of Fort
Lupton. As part of the pre -application process the City was sent a Notice of Inquiry (NOI). The
City of Fort Lupton submitted a Notice of Inquiry dated January 19, 2024, that states, "The site
is south of our [Fort Lupton's] current IGA boundary with the City of Brighton. We [City of Fort
Lupton] will review and respond to any future land use proposed once we receive a referral."
The site is located within the City of Brighton's Future Land Use Map. The land use depiction
on the City of Brighton's 2016 Future Land Use Map, is Agriculture (Adams / Weld County).
The site is also located within the three (3) mile referral areas of the Town of Lochbuie and the
Cities of Brighton and Fort Lupton. The Town of Lochbuie and the City of Brighton did not
submit referral agency comments. The City of Fort Lupton submitted a referral agency
comment with no concerns dated September 24, 2024.
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E. Section 23-2-220.A.5 -- That the application complies with Articles V and XI of this Chapter if
the proposal is located within an overlay zoning district or a special flood hazard area identified
by maps officially adopted by the county.
The property is not located within any overlay district officially adopted by the County, including
A -P (Airport) Overlay District, 1-25 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 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The Natural Resources Conservation Services (NRCS) Soil Survey indicates that 54% of the
site consists of low -slope (0-3%) Olney fine sandy loam, classified as "Prime farmland if
irrigated". The remaining 46% is on soils classified as "Farmland of Statewide Importance",
consisting of low -slope (0-3%) Renohill clay loam (26%) and low -slope (0-3%) Vona sandy
loam (20%). The Injection Wells are located on about three (3) acres of Renohill clay loam and
2 acres of Olney fine sandy loam. The Biochar facility will encompass about sixteen (16) acres
with about five (5) of those acres classified as "Farmland of Statewide Importance". The facility
will remove about five (5) acres of "Farmland of Statewide Importance" from production.
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 receive approval for the three (3) Injection Wells. (Department of Planning
Services)
B. A Road Maintenance Agreement with off -site triggered improvements is required for this case.
Road maintenance includes, but is not limited to, dust control and damage repair to specified
haul routes. (Development Review)
C. A Final Drainage Report and Certificate of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Development Review)
D. The applicant shall create by separate document (and record with the Weld County Clerk and
Recorders office) a 30 -foot -wide minimum access and utility easement needed to provide legal
access to Lots A and B of RECX17-0182. (Development Review)
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E. The applicant shall submit a recorded copy of any agreement signed by all owners of property
crossed by the access. The access shall be for ingress, egress, utilities and shall be referenced
on the USR map by the Weld County Clerk and Recorder's Reception number. (Development
Review)
F. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR24-0019 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. The map shall delineate the accepted landscaping and/or screening. (Department of
Planning Services)
5. The map shall delineate the parking area for the trucks. (Department of Planning Services)
6. The applicant shall delineate on the map the trash collection areas. Section 23-2-240.A.13
of the Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2
of the Weld County Code, if applicable. (Department of Planning Services)
8. County Road 6 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The
applicant shall delineate and label on the site map or plat the future and existing right-of-
way (along with the documents creating the existing right-of-way) and the physical location
of the road. All setbacks shall be measured from the edge of right-of-way. This road is
maintained by Weld County. (Development Review)
9. Show and label the approved shared access location, the approved access width (forty
(40) feet is the maximum width allowed at the right-of-way), and the appropriate turning
radii (sixty-five (65) feet is the minimum radius allowed for commercial uses) on the USR
map. Include in the label, "SHARED ACCESS FOR THE BENEFIT OF LOTS A AND B OF
RECX17-0182", and provide all applicable access types (i.e., Agricultural, Residential,
Commercial/Industrial, and/or Oil and Gas). The applicant must obtain an access permit in
the approved location prior to construction. (Development Review)
10. Delineate and label (with reception number) the thirty (30) -foot -wide (minimum) access and
utility easement needed to provide legal access to Lots A and B of RECX17-0182. Include
in the label, "FOR THE BENEFIT OF LOTS A AND B OF RECX17-0182". (Development
Review)
11. Label the existing access located on the diagonal portion of County Road 6, "TO BE
CLOSED AND RECLAIMED". (Development Review)
12. Label the existing access located approximately 1,320 feet west of County Road 31, "TO
BE CLOSED AND RECLAIMED". (Development Review)
13. Show and label the approved tracking control. (Development Review)
14. Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event, shall the distance from the
gate to the edge of the traveled surface be less than 35 feet. (Development Review)
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15. Show and label a 30 -foot -wide minimum access and utility easement to provide legal
access to the parcel on the site plan. (Development Review)
16. Show and label the accepted drainage features. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include the calculated water
quality and detention volumes. (Development Review)
17. Show and label the drainage flow arrows. (Development Review)
18. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Development Review)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a USR map along with all other
documentation required as Conditions of Approval. The USR 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 USR 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 Permit 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 plat 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 approved access and tracking control shall be constructed prior to on -site construction.
(Development Review)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
6. Prior to Operation:
A. The applicant shall provide evidence of a Recycling Facility Registration and a CDPHE-
approved design and operations plan. (Department of Planning Services)
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USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Biochar Now, LLC
USR24-0019
1. A Use by Special Review Permit, USR24-0019, for uses similar to an organic composting (Biochar
processing), outside of subdivisions and historic townsites 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. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
4. The hours of operation are twenty-four (24) hours a day. Deliveries and waste wood shredding and
screening activities will occur between 6:00 a.m. to 8:00 p.m. April through October and 7:00 a.m. to
7:00 p.m. November through March, as stated in the application materials. (Department of Planning
Services)
5. The number of employees shall be up to twelve (12) as stated in the application materials. (Department
of Planning Services)
6. The number of on -site commercial vehicles shall be no more than eight (8) passenger cars, twelve (12)
tandem trucks, and three (3) semi -trucks per day, as stated in the application materials. (Department
of Planning Services)
7. No vehicle repair, washing, or service shall occur on site. (Department of Planning Services)
8. No derelict vehicles, as defined in Section 23-1-90 of the Weld County code, shall be stored on the site.
(Department of Planning Services)
9. The parking area on the site shall be maintained. (Department of Planning Services)
10. The existing and proposed landscaping/screening shall be maintained per the accepted
Landscaping/Screening Plan. (Department of Planning Services)
11. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code, if applicable.
(Department of Planning Services)
12. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
13. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Development Review)
14. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
15. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement. (Development Review)
16. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Development Review)
17. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Development Review)
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18. The historical flow patterns and runoff amounts will be maintained on the site in such a manner that it
will reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to runoff rate and velocity increases, diversions, concentration and/or unplanned
ponding of stormwater runoff. (Development Review)
19. Weld County is not responsible for the maintenance of onsite drainage related features. (Development
Review)
20. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface
and groundwater contamination. (Department of Planning Services)
21. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S. (Department of Planning Services)
22. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Planning Services)
23. Fugitive dust should attempt to be confined on the property. Uses on the property shall comply with the
Colorado Air Quality Commission's air quality regulations. The facility shall be operated in accordance
with the accepted "dust abatement plan", at all times. (Department of Planning Services)
24. The operation shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain permits from the Air Pollution Control Division, Colorado Department of Public
Health, and Environment, as applicable. (Department of Planning Services)
25. The applicant shall submit a Recycling Facility Annual Reporting Form for the previous year to the
Colorado Department of Public Health and Environment, and Weld County Department of Public Health
and Environment. (Department of Planning Services)
26. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. The facility shall operate in accordance with the accepted noise
modeling report including mitigation measures. (Department of Planning Services)
27. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. (Department of Planning Services)
28. The owner should be aware that while they may be able to obtain a well permit from the Office of the
State Engineer, Division of Water Resources, the quantity of water available for usage may be limited
to specific uses, i.e. domestic use only, etc. Also, the owner should be made aware that groundwater
may not meet all drinking water standards as defined by the Colorado Department of Public Health and
Environment. We strongly encourage the owner to test their drinking water prior to consumption and
periodically test it over time. (Department of Planning Services)
29. Any On -Site Wastewater Treatment System located on the property must comply with all provisions of
the Weld County Code, pertaining to On -Site Wastewater Treatment Systems. (Department of Planning
Services)
30. The applicant shall comply with all provisions of the Liquefied Petroleum Gas Regulations (7 CCR 1101-
15), as applicable. (Department of Planning Services)
31. A Colorado Discharge Permit System (CDPS) from the Colorado Department of Public Health and
Environment (CDPH&E), Water Quality Control Division, shall be obtained as applicable. (Department
of Planning Services)
32. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations, as applicable. (Department of Planning Services)
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33. A current PE certified and signed copy Spill Prevention, Control and Countermeasure Plan shall be
available on site, at all times. (Department of Planning Services)
34. All chemicals must be handled in a safe manner in accordance with product labeling. All chemicals
must be stored secure, on an impervious surface, and in accordance with manufacturer's
recommendations. (Department of Planning Services)
35. The facility shall notify Weld County of any revocation and/or suspension of any State issued permit.
(Department of Planning Services)
36. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Planning Services)
37. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with
the plan. 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)
38. 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)
39. 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)
40. 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)
41. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended.
(Department of Planning Services)
42. 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.
43. 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.
44. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
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45. 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.
46. 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.
47. In such cases where the Use by Special Review has terminated but the landowner does not agree to
request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board of
County Commissioners to provide the landowner an opportunity to request that the Use by Special
Review Permit not be vacated, for good cause shown. The landowner shall be notified at least ten (10)
days prior to the hearing. If the Board of County Commissioners determines that the Use by Special
Review has terminated and no good cause has been shown for continuing the permit, then the
termination becomes final, and the Use by Special Review Permit is vacated.
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861 /
September 5, 2025
COUNTY, CO
DEPARTMENT OF PLANNING
SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: daungst@weld.gov
Phone: (970) 400-3524
Fax: (970) 304-6498
Bob Demaree
1142 Judson St
Longmont, CO 80501
Subject: USR24-0019 - Site Specific Development Plan and Use by Special Review Permit for uses
similar to a organic composting (Biochar processing), outside of subdivisions and historic townsites in
the A (Agricultural) Zone District
On parcel(s) of land described as:
Lots A and B of Recorded Exemption, RECX17-0182; being part of the N1/2 of Section 28, Township 1
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 October 7, 2025 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on November 5,
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,
Diana Aungst
Planner
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