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Kim Ogle
USR22-0030
LAND USE APPLICATION
SUMMARY SHEET
Hearing Date: March 7, 2023
HS Land and Cattle, LLC
c/o Messrs. William Scaff and Ed Holloway P.O. Box 366 Gilcrest, CO 80623
Monarch Mountain Minerals and Aggregates, LLC
c/o Eric Leigh, 5 Concourse Parkway, Suite 1900, Atlanta, GA 30328
Civil Resources, LLC
c/o Kyle Regan, 8308 Colorado Boulevard, Firestone, CO 80504
Site Specific Development Plan and Use by Special Review, USR22-0030 for open
mining (sand, gravel, stone, and overburden) and processing of minerals, including the
import of material from, and export of material to other sites, a drying and screening
building and two (2) silos, a mine office/scale house and scale, a fueling/lubricating
station, portable generators, mobile mining equipment parking and storage; employee
and vendor parking, outside of subdivisions and historic townsites in the A (Agricultural)
Zone District
Part SE1/4 of Section18; Part of the E1/2 and W1/2 of Section 19; Part of the NW1/4 of
Section 30, all being located in Township 4 North, Range 66 West of the 6th P.M., Weld
County, Colorado
Generally located north of and adjacent to County Road 40.5, west of and adjacent to
State Highway 60, approximately 0.25 miles south of and adjacent to County Road 46
and east of and adjacent to County Road 25
± 799.5 acres
± 545.9 acres
Parcel No's. 105719100002
105719000006
105719000021
105719000023
105719300009
105730200047
105730200052
105718000026
105718000036
105719100004
105719000018
105719100003
105719100001
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:
▪ State of Colorado Department of Transportation, referrals dated November 15, 2022, February 7, 2023
▪ Weld County Office of Emergency Management, referral dated November 15, 2022
▪ Weld County Department of Planning Services - Floodplain Administrator, referral dated November 15, 2022
▪ State of Colorado Division of Water Resources, referral dated November 16, 2022
▪ Weld County Department of Planning Services - Code Compliance, referral dated November 18, 2022
USR22-0030 Monarch DENM Gravel Mine
Page 1
▪ Weld County Oil, Gas and Energy Department, referral dated November 21, 2022
▪ Central Weld County Water District, referral dated November 28, 2022
Platteville-Gilcrest Fire Protection District, referral dated December 1, 2022
▪ Weld County Planning Services - Development Review, referral dated December 2, 2022
▪ Town of Platteville, referral dated December 6, 2022
▪ Town of Gilcrest referral dated December 6, 2022
▪ Weld County Department of Public Health and Environment, referral dated December 9, 2022
The Department of Planning Services' staff has received referral responses without comments from the following
agencies:
▪ Weld County Sheriff's Office, referral dated November 15, 2022
▪ Weld County Department of Planning Services - Building Inspection, referral dated November 15,
▪ City of Evans, referral dated November 18, 2022
▪ State of Colorado Geologic Survey, referral dated December 6, 2022
▪ U.S. Department of Interior, Fish and Wildlife Service, referral dated December 6, 2022
▪ West Greeley Conservation District, referral dated December 12, 2022
▪ Public Service of Colorado Company, referral dated December 13, 2022
The Department of Planning Services' staff has not received responses from the following agencies:
▪ Town of Milliken
▪ PDC Energy, Inc.
▪ United Power, Inc.
▪ Town of Johnstown
▪ DCP Midstream LLC
▪ Extraction Oil & Gas, Inc.
▪ Weld County Schools RE -1
▪ Weld County Schools RE -5J
▪ K.P. Kauffman Company, Inc.
▪ Western Mutual Ditch Company
▪ Platte Valley Conservation District
▪ State of Colorado Parks and Wildlife
▪ Noble Energy, Inc./Chevron Corporation
▪ AKA Energy Group, LLC/Cureton Midstream LLC
State of Colorado, Division of Reclamation, Mining and Safet
Case Summary:
2022
The project known as the Monarch DENM Gravel Mine, will be operated by Monarch Mountain Minerals and
Aggregates, LLC (Miner). The proposed use of the site is a construction aggregate mine and water storage. The
sand and gravel reserves at the site will be used as construction aggregates for Quikrete's line of commercial
products. After mining has been completed, the site will be reclaimed as agricultural land and developed water
storage which will provide much needed water to agriculture in the area as well as other end users.
The Miner has an approved, but not perfected Colorado Division of Reclamation Mining Safety permit no. M2022-
009 for the extraction of sands and gravels. During full mining and processing operations, up to twelve (12)
employees will be present on -site during daylight hours, Monday through Saturday. Operations associated with
the aggregate drying facility and trucking of commodity is proposed to operate Monday through Saturday, 24 hours a
day.
Off -road, "yellow -iron" vehicles are an integral part of aggregate operations. Up to four (4) loaders, two (2) excavators
and a bulldozer would be typical at this site. Off -road haul trucks may also be used at various times throughout the
life of the mine. Up to six (6) scrapers, may be used to open the mine (i.e., to strip overburden). The only road -
tagged vehicles that would be stored at the site would be two (2) to four (4) pickup trucks to aid in operations. Non
USR22-0030 Monarch DENM Gravel Mine
Page 2
company aggregate haulers using both tandem dump trucks and, more typically, open -dump semi tractor -trailers
are expected throughout the life of the mine
The aggregate operation is estimated to generate up to 250 trips per day (i.e., 125 outbound loaded trucks), up to
six (6) days per week. An additional 20 to 40 trips per day are expected from vendors, mechanics, inspectors and others
with occasional business at the site. The facility is not open to the general public
The Miner will wet mine the freshwater and silt ponds. Mining will begin in the siltation pond and progress to the
freshwater pond. The average rate of mining is expected to be approximately 750,000 tons per year. Given these
rates it is expected that mining in Stage 1 will take approximately 1 1/2 to 2 years. The freshwater and siltation ponds
will remain open during the life of the mine and will be reclaimed following the cessation of mining at the site. Cell 1
assuming the same rate as Stage 1 is expected to take 4-5 years to mine out, followed by Cell 2, expected to take
approximately 6-7 years to mine out, Cell 3 is expected to take approximately 13 to 14 years to mine out and finally
Cell 4 expected to take approximately 10-11 years to mine out. Approximate life of the mine is 39 years depending
on market conditions. Reclamation will begin in each phase when mining in that phase is complete except for Stage
1 which will be reclaimed last.
The property boundary for the thirteen (13) parcels is approximately ± 799.5 acres with ± 545.9 acres defined for
mining activities. The mine will progress in five (5) phases. The deposit consists mainly of sand and gravel with
some lenticular clay deposits. The depth to bedrock ranges from thirteen (13) feet deep near the river to fifty-eight
(58) feet deep to the east side of the site. Overburden is mainly sandy silt grading into silty sand averaging
approximately four (4) feet in depth.
All on site activities are restricted to the noise level allowed in the industrial zone district and noise levels are
measured twenty-five (25) feet from the property line.
The applicant has proposed access onto State Highway 60 at the intersection with CR 44. CDOT has an Access
Control Plan (Plan) for a portion of State Highway 60, however this Plan does not include the segment of State
Highway 60 involved with this land use case. The most recent traffic counts (2022) for this portion of CR 44 found
the annual average daily traffic is 647 vehicles per day with 31% trucks. The 85th percentile speed is 64 miles per
hour. A Colorado Department of Transportation (CDOT) access permit is required for this location. The applicant
has commenced permitting activities to obtain an access permit onto State Highway 60.
Should construction occur in the County right-of-way, per Chapter 8, Article VIII, Section 8-13-30.B of the Weld
County Code, a Weld County Right -of -Way Use Permit is required for any project that will be occupying, constructing
or excavating facilities within, and/or encroaching upon, any County rights -of -way or easement. Weld County will
not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the
County right-of-way.
The proposed mine is located within the Weld County and the City of Evans, and Towns of Milliken and Platteville
Coordinated Planning Agreement Area. The City of Evans in an undated signed Notice of Inquiry stated "The City
of Evans appreciates the referral opportunity. These properties are outside the City's 2022 Three -Mile Plan. The
City of Evans does not have concerns about the proposed development. If the haul route is to be across or on
City of Evans - maintained roads, properties or easements, the applicant is required to enter into an agreement
with the City of Evans. Thank you again for this opportunity." The Town of Platteville returned the NOI dated
March 10, 2022, stating "Development Area is outside (north) of the Town of Platteville's Growth Boundary."
The Town of Milliken did not respond to the NOI.
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.
USR22-0030 — Monarch DENM Gravel Mine
Page 3
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.B states, "Support responsible energy and mineral development," and Subsection B.1
states "Ensure that surface development reasonably accommodates mineral extraction."
The County recognizes that mineral resource extraction is an essential industry. The availability and cost
of materials such as sand and gravel, influence the successfulness of Quikrete's line of commercial
products. The agricultural lands associated with the surface estate is underlain with a known viable
aggregate deposit. With the completion of mining, the site will be reclaimed as agricultural lands, wildlife
habitat and water storage reservoirs as well as on -going oil and gas operations.
Commercial mineral deposits known to be located in the County include sand and gravel, coal and
uranium. High -quality sand and gravel deposits in the County are found along major drainage ways.
According to the Weld County Sand, Gravel Resources map dated July 1, 1975, the mine area is classified
as Stream Terrace Deposits — Fine Aggregates including sands ranging from coarse gravelly stream sands
to fine grained wind deposited dune sands.
Section 22-2-60.B.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."
CDOT in an electronic mail response dared February 7, 2023 stated "CDOT has reviewed the
construction timeline and traffic counts provided in the newest traffic impact study.
CDOT will allow for the temporary construction access at WCR 44 as auxiliary lanes are not warranted by
these temporary counts. CDOT will write the temporary permit to include the specific temporary counts
that are identified in the study and will allow for the 14 month timeframe only. Once that time is complete,
the full submittal, including design for the northbound left turn lane at WCR 44, will need to be submitted
along with the long term access permit application as CDOT's original comments back in July if of 2022
identified.
To address impact to the area roads, the Department of Planning Services — Development Review is
requiring a Final Traffic Impact Study stamped and signed by a Professional Engineer registered in the
State of Colorado. Also required is an Improvements and Road Maintenance Agreement with triggered off -
site improvements, and road maintenance. Road maintenance includes, but is not limitedto, dust control
and damage repair to specified haul routes. The Improvements and Road Maintenance Agreement is a
Condition of Approval to be accepted by the Board of County Commissioners prior to recording the USR
map.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District.
The use is consistent with the intent of the district in which the site is located. The site's property parcels
are zoned (A) Agricultural. The proposed project is a listed as an aggregate mine, permitted in the (A)
Agricultural Zone District as detailed in this Use by Special Review permit application, and in the Weld
County Code.
Weld County Code, Chapter 23, Article III, Division 1, Section 23-3-10, states in part "The A (Agricultural)
Zone District is intended to provide areas for the conduct of agricultural activities and activities related to
agriculture and agricultural production, and for areas for natural resource extraction and energy
development, without the interference of other, incompatible land uses."
USR22-0030 — Monarch DENM Gravel Mine
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Chapter 23, Article III, Division 1, Section 23-3-40.R allows for open mining (sand, gravel, stone) and
processing of minerals, subject to the additional requirements of Article IV, Division 4, of the Weld County
Code through a use by special review outside of subdivisions and historic townsites. Proposed permanent
improvements include four slurry walls for dry mining and post -mining water storage, and associated
infrastructure to distribute water to and from water storage facilities. A permanent drying and screening
building and silos will be located at the site south of the entrance. Other improvements include an office/shop,
an aggregate plant, a scale and scale house, all with associated parking. The primary driveway to the
aggregate will temporarily include signage, lighting, fencing/screening and landscaping. Parking will be
located next to office and plant facilities for employees and vendor parking.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding
land uses.
Zoning in the area surrounding the site is (A) Agricultural. There are multiple Use by Special Review permits
within a one (1) mile of the site, including aggregate mining and oil and gas development. The end use,
agricultural lands wildlife habitat and water storage, is consistent with the adjacent uses in the surrounding
area.
The adjacent lands within one (1) mile of the property boundary consist of agricultural uses, aggregate
mining, rural residences, oil and gas operations and large tract irrigated and dryland agricultural operations.
The site is bounded on the east by State Highway 60 and the South Platte River to the western boundary
of the mining area. Within one -quarter mile of the mine site, are four (4) Use by Special Review permits:
to the north is USR-1009 for a recreational paintball facility and USR-1354 for aggregate mining and a
concrete batch plant, to the east is USR21-0004 for a solar energy facility. Planning staff is also aware of a
pending aggregate mine, currently in review at the State, DRMS Permit # M2022-001 for the Red Tierra
Equities LLC, Section 20 mine. To the west is a high-pressure gas line, permitted under USR-1183 for
Public Service of Colorado. Within one-half mile of the mine site are two (2) Use by Special Review permits:
to the north is USR-983 permitted for a salvage yard and sales, and to the south is USR-839 for a
commercial greenhouse. Within one (1) mile of the proposed mine site, there are no additional Use by
Special Review permits, however, the Town of Milliken municipal limits are about one -quarter (1/4) miles to
the west.
There are eighty-two (82) residences within one-half (1/2) mile of the mine site with the nearest residences
being the Karbowski-Brave parcel immediately adjacent to the USR-DRMS permit boundary west of and
adjacent to State Highway 60 and the Pouncelow Family Living trust parcel located immediately adjacent
to the USR-DRMS permit boundary and north of and adjacent to County Road 42. There are twelve (12)
residences located more than 200 -feet and less than 500 -feet from the proposed mine limit.
The Weld County Department of Planning Services sent notice to fifty-two (52) Surrounding Property
Owners. Planning staff received one letter from an adjacent property owner to the north with concerns about
the area wildlife and impacts from the mining operations. No additional written correspondence or
telephone calls of inquiry were received about the application.
The Conditions of Approval require that the applicant submit an accepted Emergency Action and Safety
Plan and an accepted Road Maintenance and Improvements Agreement (for roads and traffic). The Noise
Abatement Plan has been submitted and reviewed. Environmental Health Services in their referral dated
December 9, 2022 stated "Noise is restricted to the level allowed in the industrial zone district and noise
levels are measured 25 feet from the property line. The application materials contain a noise modeling
report, conducted by Behrens and Associates, Inc., which indicates the industrial level can be met 25 feet
from property boundary. The conclusion in the report states: "The results of the noise modeling indicate
that the Monarch Mountain mining and processing operations for all modeled phases are predicted to
comply with the allowable Industrial CRS noise limits at all modeled receptor locations." Adherence to the
noise modeling report is required.
USR22-0030 — Monarch DENM Gravel Mine
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There will be fuel storage which will require compliance with State regulations and a Spill Prevention,
Control, and Countermeasure (SPCC) plan may be required depending on tank storage size. An Air
Emission Permit (APEN) from the State is required and will address dust control for mining operations, haul
roads, and any sand and gravel processing equipment. The application indicates an APEN has been
submitted to the State.
The Conditions of Approval also require a Decommissioning Plan, Lighting Plan, Communication Plan,
Screening Plan and an approved access permit for State Highway 60 and any associated off -site
improvements as required by CDOT to ensure safety to the travelling public, 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 a three (3) mile referral area of five (5) municipalities, the City of Evans and Towns
of Johnstown, Milliken, Platteville and Gilcrest. The proposed mine is also located with the Coordinated
Planning Agreement (CPA) areas for the City of Evans and the Towns of Milliken and Platteville.
The proposed mine is located within the Weld County and the City of Evans, and Towns of Milliken and
Platteville Coordinated Planning Agreement Area. The City of Evans in an undated signed Notice of Inquiry
stated "The City of Evans appreciates the referral opportunity. These properties are outside the City's 2022
Three -Mile Plan. The City of Evans does not have concerns about the proposed development. If the haul
route is to be across or on City of Evans - maintained roads, properties or easements, the applicant is
required to enter into an agreement with the City of Evans. Thank you again for this opportunity." The Town
of Platteville returned the NOI dated March 10, 2022, stating "Development Area is outside (north) of the
Town of Platteville's Growth Boundary." The Town of Milliken did not respond to the NOI.
The City of Evans returned a referral dated November 18, 2022 expressing "The NOI provided by the City
of Evans in March still stands. The city has no concerns with the project and appreciates the opportunity
to comment. If any traffic should be entering the city jurisdiction, please contact us for a long-term road
maintenance agreement."
In a letter dated December 13, 2022, "The Towns of Gilcrest and Platteville returned a referral dated
December 13, 2022, jointing signed by Mayor Tyson Chavez, Town of Gilcrest and Mayor Adrienne
Sandoval, Town of Platteville stating "The Town of Gilcrest received a referral from Weld County for a
Site Specific Development and Use by Special Review for a gravel mine to be located along the west
side of SH-60 between WCR-42 and WCR-46 in Weld County. The site is 0.2 miles east of the South
Platte River and includes seven (7) parcels totaling approximately 790 acres that are zoned A
(Agriculture) Zone District. The Town of Gilcrest appreciates the opportunity to comment on land
development applications.
The proposed gravel mine is located within the Town's Urban Growth Boundary and the Platteville-
Gilcrest Coordination Area as depicted in the 2011 Intergovernmental Agreement between the
Towns of Gilcrest and Platteville. As such, the Town of Gilcrest is submitting this formal referral
response in coordination with the Town of Platteville.
The Town of Gilcrest and Platteville have shared concerns with the proposed gravel mine stemming
from potential negative impacts to the South Platte River Corridor, wildlife habitats, 100 -year floodplain
and overall increased traffic generation in the area. The Town of Gilcrest has additional concerns
related to the lack of conformance with the Gilcrest Comprehensive Plan, noise, air quality, aesthetics,
and the potential detrimental impact on local groundwater levels. In particular, any increase in
groundwater level will have a disastrous impact on the Town Gilcrest and its residents. If this project
USR22-0030 — Monarch DENM Gravel Mine
Page 6
moves forward with or without annexation the Town of Gilcrest needs the applicant to adequately
monitor groundwater with a legal obligation to mitigate any adverse impact.
The Town of Gilcrest did not receive a Notice of Inquiry pursuant to the Coordinated Planning Agreement,
Article XVI - Gilcrest Plan of the Weld County Code. Nonetheless, the Town requests the County notify
the applicant of the opportunity for annexation to the Town of Gilcrest and to not consider the
proposed Development unless the applicant or its predecessor has submitted a complete annexation
petition and has been denied said annexation by the Town of Gilcrest for a substantially similar
development on the same property within the preceding twelve (12) months as outlined in Article XVI, Sec.
19-16-50 (C) 1 of the Weld County Code.
On behalf of the Towns of Gilcrest and Platteville, we appreciate the County's continued support of the
Coordinated Planning Agreements that accomplish the type of development within our urban growth
boundaries which best protect the health, safety, prosperity, and general welfare of our town residents and
achieve maximum efficiency and economy in the process of development."
The Inter -governmental Agreement (IGA) with the Town was entered into and effective as of April 4, 2005.
This IGA is an older agreement delineating a static urban growth boundary. Furthermore, the project is
located outside Gilcrest's Urban Growth Boundary (UGB) as depicted on the map refenced in Chapter 19.
Weld County Planning Services reviewed the current IGA for the Town of Gilcrest and determined that the
UGB and the IGA boundary extend west to the State Highway 60 right-of-way. The proposed Monarch
Mountain Minerals and Aggregates, LLC, DENM Mine is located west of State Highway 60 right-of-way and
outside of both the County recognized Coordinated Planning Agreement (CPA) and UGB boundary for each
municipality. Further, Weld County is not party to the 2011 Intergovernmental Agreement between the
Towns of Gilcrest and Platteville. Staff contacted the Town Administrator for the Town of Gilcrest
to express our appreciation for the referral while providing comment on the jurisdictional defect of
their request.
The Town of Milliken did not return a referral response.
The proposed mine site is located outside of the City of Evans' Future Land Use Map as defined in the
2014 Comprehensive Plan, the Town of Johnstown's Future Land Use Map as defined in the 2021
Comprehensive Plan, the Town of Platteville's Three Mile Area Plan as defined in the 2017 Comprehensive
Plan. The proposed mine is located within; the Town of Milliken's Framework Plan which delineates the
lands to the west of the South Platte River as Greenway / Parks and Recreation. The proposed mine is also
identified as the "Platteville & Gilcrest Coordination Area" per the Town of Gilcrest's Framework Plan map.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County
Code.
The property is not within the Greeley -Weld County Airport, Geohazard Development Area, the Municipal
Separate Storm Sewer Systems (MS4) defined boundary, the Historic Townsites or the Agricultural
Heritage or Disproportionately Impacted Communities Overlay Districts.
The property is located within the AE Flood Zone floodplain as delineated on Federal Emergency
Management Agency (FEMA) FIRM Community Panel Maps #08123C -1704F, 1708F, 1715F, and 1720F
issue date September 17, 2020, and LOMR 21-08-1198P effective date January 9, 2023, (South Platte
River Floodplain). Any construction in the floodplain requires a floodplain permit.
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.
USR22-0030 — Monarch DENM Gravel Mine
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The proposed mine site is located on 568.45 acres of Farmland of Statewide Importance and 231.05 acres
of other land per the NRCS Soil Survey for Weld County. Post mining the land will be reclaimed back to
four (4) water storage reservoirs, wildlife habitat and dryland agriculture.
As stated, the properties contain some Farmland of Statewide and Local Importance however, the property
also contains a commercial mineral deposit, which state statutes say must be protected from development.
The Weld County Comprehensive Plan also protects these lands from uses interfering with extraction of
sand and gravel. Mineral extraction will provide economic revenues for Weld County from the land and will
not interfere with the agricultural productivity of surrounding properties. Colorado Revised Statutes provides
for the extraction of mineable resources prior to and surface development.
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety, and welfare of
the inhabitants of the neighborhood and County.
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 open mining (sand, gravel,
stone, and overburden) and processing of minerals.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other
relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. An Improvements and Road Maintenance Agreement is required for road maintenance and triggered off -
site improvements at this location. Road maintenance includes, but is not limited to, dust control and
damage repair to specified haul routes. (Development Review)
B. A Final Traffic Impact Study stamped and signed by a Professional Engineer registered in the State of
Colorado is required. (Development Review)
C. The applicant shall acknowledge the recommendations of the Oil and Gas Energy Department, as stated
in the referral response dated November 21, 2022. Written evidence of such shall be submitted to the Weld
County Department of Planning Services. (Department of Planning Services)
D. The applicant shall acknowledge the recommendations of the State of Colorado Division of Water
Resources as stated in the referral response dated November 16, 2022. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning Services)
E. The applicant shall acknowledge the recommendations of the Town of Gilcrest as stated in the referral
response dated December 13, 2022. Written evidence of such shall be submitted to the Weld County
Department of Planning Services. (Department of Planning Services)
F. The applicant shall address the requirements of the Weld County Office of Emergency Management as
stated in their referral dated November 15, 2022, specific to an Emergency Action Plan. Written evidence
of such shall be submitted to the Weld County Department of Planning Services. (Weld County Office of
Emergency Management)
USR22-0030 — Monarch DENM Gravel Mine
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G. The applicant shall address the requirements of the Platteville-Gilcrest Fire Protection District as stated in
their referral dated December 1, 2022. Written evidence of such shall be submitted to the Weld County
Department of Planning Services. (Platteville-Gilcrest Fire Protection District)
H. The applicant shall provide evidence of the access permit issued by the Colorado Department of
Transportation (CDOT) which grants access to State Highway 60, and written evidence that the applicant
has complied with the requirements of the CDOT. (Department of Planning Services)
I. The applicant shall provide recorded copies of all easements and or crossing agreements associated with
the Western Mutual Ditch Company. (Department of Planning Services)
J. The applicant shall submit a detailed drawing of the processing area, scale, and scale house at a minimum
for review and acceptance by the Department of Planning Services. (Department of Planning Services)
K. The applicant shall submit written evidence that each petroleum fuel tank is permitted by the State of
Colorado Department of Labor and Employment Oil and Safety Division are in compliance with the
Platteville-Gilcrest Fire Protection District rules and regulations. Written evidence of such, or alternatively,
written evidence of an exception to these requirements, shall be submitted to the Weld County Department
of Planning Services. (Department of Planning Services)
L. A Decommissioning Plan for all permanent and temporary structures, buildings and equipment associated
with the processing of material associated with the aggregate mine shall be submitted to and accepted by
the Department of Planning Services. (Department of Planning Services)
M. A Communication Plan shall be submitted to and accepted by the Department of Planning Services.
(Department of Planning Services)
N. A Lighting Plan shall be submitted to and accepted by the Department of Planning Services. (Department
of Planning Services)
O. The applicant shall contact the oil and gas producer to obtain, in writing, permission to utilize their access
road for the mine access road. (Department of Planning Services)
P. The applicant shall submit the State approved Extraction Plan Map as submitted to the DRMS with required
information delineated per Chapter 23, Article IV, Section 23-4-270.A and B. of the Weld County Code.
Department of Planning Services)
Q. The applicant shall submit the Reclamation Plans as approved by the State of Colorado Mined Land
Reclamation Board per Chapter 23, Article IV, Section 23-4-280.A of the Weld County Code. (Department
of Planning Services)
R. The applicant shall submit supporting documents as outlined in Chapter 23-4-280 addressing the protection
of the health, safety, and welfare of the inhabitants of the County. Specifically, Section 23 -4 -280.B -D of
the Weld County Code. (Department of Planning Services)
S. The USR map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR22-0030 (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. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
USR22-0030 — Monarch DENM Gravel Mine
Page 9
(Department of Planning Services - Floodplain)
5. The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H of the Weld
County Code addresses the issue of trash collection areas. (Department of Planning Services)
6. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 of the Weld
County Code. (Department of Planning Services)
7. The map shall delineate the parking area for the mine vehicles, mine equipment, vendors, and
employees. (Department of Planning Services)
8. CR 44 is a paved road and is designated on the Weld County Functional Classification Map as an
arterial road which requires 140 feet of right-of-way at full buildout. The applicant shall delineate and
label on the site map the future and existing right-of-way (along with the documents creating the existing
right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of
right-of-way. This road is maintained by Weld County. (Development Review)
9. CR 25.5 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 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)
10. CR 42 is a gravel road and is designated on the Weld County Functional Classification Map as an local
road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on
the site map the future and existing right-of-way (along with the documents creating the existing right-
of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-
way. This road is maintained by Weld County. (Development Review)
11. Show the Colorado Department of Transportation (CDOT) right-of-way, for State Highway 60, on the
site map along with the documents creating the right-of-way. (Development Review)
12. Show the approved Colorado Department of Transportation (CDOT) access point on the site map and
label with the approved access permit number if applicable. (Development Review)
13. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the
property. (Development Review)
14. Show and label the entrance gate if applicable. An access approach that is gated shall be designedso
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 thirty-five (35) feet. (Department of Planning Services)
15. Show and label all recorded easements and rights -of -way by book and page number or reception
number and date. (Department of Planning Services)
16. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the map
per the setback requirements of 23-3-50.E of the Weld County Code. (Department of Planning
Services)
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 Mylar map along with all other documentation required as Conditions
of Approval. The Mylar 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 Mylar map and additional requirements shall be
USR22-0030 — Monarch DENM Gravel Mine
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submitted within the specified timeline from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Appendix 5-J, Weld County Code Ordinance, should the map not be recorded within the
specified timeline from the date of the Board of County Commissioners Resolution, a $50.00 continuance
fee shall be added for each additional three (3) month period. (Department of Planning Services)
4. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Development
Review)
B. The applicant shall submit a Floodplain Development Permit (FHDP) prior to construction or placement
of any structures or ancillary equipment including scale, scale house, portable toilets, etc. and any prior
to any mining operations, if applicable. (Department of Planning Services — Floodplain)
C. The applicant shall address the requirements of CDOT specific to a new access permit, as stated in the
referral response dated November 15, 2022, and February 7, 2023. Written evidence of such shall be
submitted to the Weld County Department of Planning Services (Department of Planning Services)
5. Prior to Operation - Mining:
A. 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)
B. The CDOT approved access, tracking control and all off -site improvements shall be constructed prior to
any on -site mining and hauling operations for access onto State Highway 60. (Department of Planning
Services)
C. Accepted construction drawings and construction of the overhead conveyor crossing County Road 42
are required prior to operation, as applicable. (Department of Planning Services)
D. 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)
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. (Department of Planning Services)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPM ENT STANDARDS
HS Land and Cattle, LLC
Monarch Mountain Minerals and Aggregates, LLC
Monarch DENM Gravel Mine
USR22-0030
1. Site Specific Development Plan and Use by Special Review, USR22-0030 for open mining (sand, gravel,
stone, and overburden) and processing of minerals, including the import of material from, and export of
material to other sites, a drying and screening building and two (2) silos, a mine office/scale house and scale,
a fueling/lubricating station, portable generators, mobile mining equipment parking and storage; employee
and vendor parking, 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. 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 M2022-009. (Department of Planning Services)
5. 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)
6. There shall be no hauling of mined materials, including sand, gravel, stone, and overburden, or the
importation of material from and exportation of material to other sites without first constructing the off -
site transportation infrastructure improvements and obtaining an approved Colorado Department of
Transportation (CDOT) access permit. (CDOT)
7. 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)
8. The number of on -site employees shall be up to twelve (12), as stated in the application. (Department of
Planning Services)
9. The parking area for mine equipment, vendors and employees on the site shall be maintained. (Department
of Planning Services)
10. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. (Department of Planning
Services)
USR22-0030 — Monarch DENM Gravel Mine
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11. The Property Owner shall maintain compliance with the accepted Screening Plan. (Department of Planning
Services)
12. The Property Owner shall maintain compliance with the accepted Decommissioning Plan. (Department of
Planning Services)
13. At the conclusion of the extraction of aggregate resources from the defined mine boundary, the office,
aggregate plant, drying and screening building and a dried sand warehouse and all associated operations
shall be removed from the property. (Department of Planning Services)
14. 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)
15. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety
Plan on or before March 15th of any given year signed by representatives for the Fire District and the Weld
County Office of Emergency Management to the Department of Planning Services. (Department of Planning
Services)
16. 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)
17. 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)
18. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
19. The property owner shall comply with all requirements provided in the executed Improvements and Road
Maintenance Agreement. (Development Review)
20. The Improvements and Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates. (Development Review)
21. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
22. 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)
23. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes
specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S. (Department of Public Health and Environment)
24. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in
accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
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25. 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. (Department of Public Health and Environment)
26. The operation shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application and
obtain permits from the Air Pollution Control Division, Colorado Department of Public Health and Environment,
as applicable. (Department of Public Health and Environment)
27. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated
in 25-12-103 C.R.S. The facility shall operate in accordance with the accepted noise modeling report.
(Department of Public Health and Environment)
28. 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)
29. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons of the
facility, at all times. A permanent, adequate water supply shall be provided for drinking and sanitary purposes,
as applicable. (Department of Public Health and Environment)
30. 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)
31. A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain
or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel
Maps #08123C -1704F, 1708F, 1715F, and 1720F issue date September 17, 2020 and LOMR 21-08-1198P
Effective Date January 9, 2023, (South Platte River Floodplain). 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. (Department of
Planning Services - Floodplain)
32. 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.
(Department of Planning Services - Floodplain)
33. Attempt to build the berms parallel to the flow of floodwaters. (Department of Planning Services — Floodplain)
34. All transient equipment including temporary structures and portable toilets shall be anchored. (Department of
Planning Services — Floodplain)
35. The installation of any septic system within the 100 -year floodplain shall comply with the Weld County
O.W.T.S. floodplain policy. (Department of Planning Services - Floodplain)
36. At the time of reclamation, an analysis of the change in the base flood elevation will be required. If the base
flood elevation has a change of either 0.31 feet increase or decrease, a Letter of Map Revision (LOMR) will
be required within six (6) months of reclamation. (Department of Planning Services — Floodplain)
USR22-0030 — Monarch DENM Gravel Mine
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37. 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, 2020 National Electrical Code, and Chapter 29 of the Weld County Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a
Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report,
performed by a Colorado registered engineer, shall be required or an Open Hole Inspection. A building
permit must be issued prior to the start of construction. (Department of Building Inspection)
38. A building permit is required for any foundations, truck scale & scale house, cargo containers. An electrical
permit for equipment on a sand & gravel mining operation. (Department of Building Inspection)
39. Necessary personnel from the Weld County Departments of Planning Services, Development Review, 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)
40. 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)
41. Construction or Use pursuant to approval of a Use by Special Review Permit shall be commenced within
three (3) years from the date of approval, unless otherwise specified by the Board of County Commissioners
when issuing the original Permit, or the Permit shall be vacated. The Director of Planning Services may grant
an extension of time, for good cause shown, upon a written request by the landowner.
42. 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.
43. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant
mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of
the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral
deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage
of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the
citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and people moving into these areas must
recognize the various impacts associated with this development. Often times, mineral resource sites are
fixed to their geographical and geophysical locations. Moreover, these resources are protected property
rights and mineral owners should be afforded the opportunity to extract the mineral resource.
44. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in
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town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas:
open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of
life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would
quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural practices
to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate
off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust
from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure;
smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing
of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying.
It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and
supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials
often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S.,
provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving
to the County, property owners and residents must realize they cannot take water from irrigation ditches,
lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size
of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county
roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources.
Law enforcement is based on responses to complaints more than on patrols of the County, and the distances
which must be traveled may delay all emergency responses, including law enforcement, ambulance, and
fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to
emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of
surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials
may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will
not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than
urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment
and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations,
high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present
real threats. Controlling children's activities is important, not only for their safety, but also for the protection
of the farmer's livelihood.
USR22-0030 — Monarch DENM Gravel Mine
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DEPARTMENT OF PLANNING SERVICES
1555 North 17th Avenue
Greeley, CO 80631
Website: www.weldgov.com
Email: kogle@weldgov.com
Phone: (970) 400-3549
Fax: (970) 304-6498
February 14, 2023
Regan Kyle
8308 Colorado Boulevard Ste 200
Firestone, CO 80504
Subject: USR22-0030 - Site Specific Development Plan and Use by Special Review for open mining
(sand, gravel, stone, and overburden) and processing of minerals, including the import of material
from, and export of material to other sites, a drying and screening building and two (2) silos, a mine
office/scale house and scale, a fueling/lubricating station, portable generators, mobile mining
equipment parking and storage; employee and vendor parking. outside of subdivisions and historic
townsites in the A (Agricultural) Zone District
On parcel(s) of land described as:
Part SE1/4 of Section18; Part of the E1/2 and W1/2 of Section 19; Part of the NW1/4 of Section 30, all
being located in Township 4 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 March 7, 2023 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on March 29, 2023
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://accela-
aca.co.weld.co.us/CitizenAccess
Respectfully,
Kim e
Planner
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