HomeMy WebLinkAbout20233679.tiff . 0874,r)-
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW
PASS-AROUND TITLE:BOCC Agenda Item-Approve Improvements and Road Maintenance Agreement for:
Korwell Land Holdings,LLC—USR23-0018
DEPARTMENT:Planning Services DATE:November 28,2023
PERSON REQUESTING:Jazmyn Trujillo-Martinez
Brief description of the problem/issue:
The Department of Planning Services received a request from the applicant,Korwell Land Holdings,LLC,requesting that
the Board of County Commissioners consider approving the Improvements and Road Maintenance Agreement for
(USR23-0018).No collateral is required with this agreement.
Weld County Planning Services,Public Works,and the County Attorney's Office have reviewed the above mentioned signed
original document and observed the following:
• All Public Works related items,of the"improvements&Road Maintenance Agreement According To Policy
Regarding Collateral For Improvements",are found to be acceptable.
• This Agreement complies with the terms of the Use by Special Review Permit Resolution,as signed by the
Board of County Commissioners.
What options exist for the Board?(include consequences,impacts,costs,etc.of options):
1.Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda.
2.Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
3.Have this BOCC Hearing item not placed on the next available agenda as neither part of the Consent Agenda nor the
Regular Agenda.
Consequences:
• New development can pay their way for their impacts on the County Roadways,or the County will be required
to cover the costs of the new development's impacts on the roadways.
Impacts:
• New development with high traffic volumes impacts the County Road systems and causes wear and tear
more quickly than normal traffic volumes.
Costs(Current Fiscal Year/Ongoing or Subsequent Fiscal Years):
• New development will pay their proportional share of repairs and upgrades completed by the County and
the County will not be required to have a share in any improvements required if new development meet any
future traffic triggers.
Recommendation:
Option 1.The Departments of Planning Services,Public Works,and the County Attorney's Office are recommending
approval of the Improvements&Road Maintenance Agreement According To Policy Regarding Collateral For Improvements
for USR23-0018,and that this item be placed on the next regularly scheduled BOCC Hearing,as part of the Consent
Agenda.
Support Recommendation Schedule I
Place o*CC Agenda Work Session Other/Comments:
i
Perry L.Buck,Pro-Tern
ri
Mike Freeman,Chair `
f
Scott K.James
Kevin D.Ross 1 u'
Lori Saine 'lc �,Pt_(aR/s*►-./kR/Ko/tom) ,
i'-)/1'2-?-4"'e 4TL-1- oA/2/2A1 CPL 2023-3679
IMPROVEMENTS&ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Korwell Land Holdings,LLC—USR23-0018
THIS AGREEMENT is made this 21 day of\JQs/ea" 202 ,by and betweeA Korwell Land
Holdings,LLC,a limited liability company organized under the laws of the State of L o.t.6,o ,
whose address is P.O.Box 337282,Greeley,Colorado 80633,hereinafter referred to as"Property Owner,"
authorized to do business in the State of Colorado,and the County of Weld,a body corporate and politic of
the State of Colorado,by and through its Board of County Commissioners,whose address is 1150"O"
Street,Greeley,Colorado 80631 hereinafter referred to as"County."
WITNESSETH:
WHEREAS,Property Owner is the owner of the following described property in the County of
Weld,Colorado:
SWt/4 of Section 25,Township 4 North,Range 66 West
of the 6th P.M.,Weld County,Colorado
hereinafter referred to as"the Property,"and
WHEREAS,Property Owner has received Board of County Commissioner conditional approval of
USR23-0018,and
WHEREAS,Property Owner acknowledges that the final approval of USR23-0018 is conditional
upon Property Owner's understanding of the off-site improvements and road maintenance described in this
Agreement and depicted in the following incorporated exhibits:
Exhibit A—Future Off-Site Costs of Construction,to be attached if/when triggered pursuant to Part I,B.,
below,
Exhibit B—Future Off-Site Construction Schedule,to be attached if/when triggered pursuant to Part I,B.,
below,
Exhibit C—Construction Plans,to be attached if/when triggered pursuant to Part I,A,below,
Exhibit D—Plat Map(recorded simultaneously with this Agreement),and
WHEREAS,Property Owner acknowledges that pursuant to the provisions of Weld County Code
Sec.23-2-290,the failure to commence construction of the improvements outlined herein within three(3)
years of triggering may result in the revocation or suspension of USR23-0018,upon consideration and order
of the Board of County Commissioners,and
WHEREAS,the parties agree that the Property Owner shall provide collateral for off-site
improvements as required by this Agreement if/when improvements are triggered.
NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the promises and covenants
contained herein,the parties hereto promise,covenant,and agree as follows:
4938531 Pages: 1 of 13
01/05/2024 11:13 AM R Fee:$0.00
Carly Koppel,Clerk and Recorder,Weld County,CO
1111 FAVINAM'firaiV 11111
Korwell Land Holdings,LLC—USR23-0018—IA23-0009 ��%n
Page 1of13 _ `7
PART I:SITE SPECIFIC PROVISIONS
A. Off-Site Improvements(as required by the BOCC):The Property Owner shall be responsible
for the construction of certain off-site safety improvements as identified in the USR hearing Resolution,
which may include,but are not limited to:construction of adequate turning radii of sixty-five(65)feet at
the main entrances and exits which extend into County road Rights-of-Way(ROW)connecting to the
County road system,and off-site drainage and signage installations,as indicated on the accepted Exhibit
D and future Exhibit C,as required.On-Site improvements that create more run-off than the historical
amount may require off-site drainage improvements to roads and ROW.Any approved access point(s)
improvements will include standard County approved tracking control and may include a double cattle
guard set(one right after the other),placed back-to-back across the entire width of the access,to ensure a
complete revolution of the truck tires in order minimize the tracking of mud and debris onto the adjacent
County Road.
B. Future Off-Site Improvements:
1.0 Traffic Triggers.When the traffic associated with the Use by Special Review Permit reaches certain
safety thresholds as set forth in this agreement,the Property Owner shall design,and construct required
road improvements based on the amount of traffic being generated by the site.The Property Owner's
development does not currently meet the traffic safety triggers requiring the improvements specified below;
however,off-site,or phased improvements may be warranted in the future.
1.1 Property Owner shall be required to design,obtain right-of-way,relocate utilities,and
construct said auxiliary lanes into their site if/when all traffic to/from the Property meets the
following traffic triggers:
?m�
MN! • Design and construct a paved roadway along CR 35 from 100 feet south of
approved site access to CR 42 or participate in proportional share of county
determined paving whenever traffic exceeds gravel capacity or becomes a safety
hazard to traveling public.
w3, • Property Owner shall design and construct a left deceleration/turn lane on CR 35
4C E',0 whenever traffic exceeds 10 vehicles per hour(VPH)turning left into the Property
o N for an average daily peak hour.
;=-1,110 • Property Owner shall design and construct a right deceleration/turn lane on CR 35
"• whenever traffic exceeds 25 VPH turning right into the Property for an average
-m daily peak hour.
Qm • Property Owner shall design and construct a right acceleration lane on CR 35
whenever traffic exceeds 50 VPH turning right out of the Property for an average
daily peak hour.
• Property Owner shall design and construct a left acceleration lane on CR 35
S o whenever such a lane would be a benefit to the safety and operation of the roadway.
The County,in its sole discretion,shall determine if a left acceleration lane is
- required.
• Property Owner shall design and construct paved intersection improvements at CR
35 and CR 42 if the approved project traffic creates a safety hazard to themselves
and/or the traveling public.For example,project traffic shall not cross centerline
or leave the roadway while navigating turns at this intersection.
2.0 Property Owner's Responsibilities regarding Future Triggers.Property Owner is solely responsible
for the cost and construction of required improvements.These responsibilities may include but are not
Korwell Land Holdings,LLC—USR23-0018-1A23-0009
Page 2 of 13
limited to the following,as applicable:design,surveys,utility locates,acquisition of ROW,dedication of
ROW,ROW and Access Permits and fees,coordination with oil and gas operators and facilities and affected
irrigation facilities and utilities,traffic control,and project safety during construction.Property Owner shall
obey all applicable regulations issued by OSHA,CDOT,CDPHE,and other federal,State,or County
regulatory agencies.
3.0 Cost of Construction Exhibit.When any trigger is met,the Property Owner shall submit Exhibit A
within six(6)months of being notified regarding the need for the triggered improvements,indicating the
cost of construction estimates(engineer's estimate)to detail the costs used in determining the collateral
requirement for the development.Construction costs must be obtained through a registered Colorado
Engineer.A registered Colorado Engineer must sign and stamp the construction cost exhibit for sites that
have project collateral.New or additional collateral may be required for the triggered improvements.If
required,collateral shall be submitted at the same time as Exhibit A.Exhibit A shall be attached to this
Agreement and incorporated herein once approved by the County.
4.0 Construction Schedule Exhibit.When any trigger is met,the Property Owner shall submit
Exhibit B within six(6)months of being notified regarding the need for the triggered improvements,
indicating the construction schedule,and including completion date for the improvements.Property owner
shall not commence construction of improvements prior to approval of the Construction Plans and receipt
of the appropriate Grading Permit,Access Permit,and/or ROW Permit.Property Owner shall complete all
improvements in accordance with the construction schedule exhibit.The construction of the triggered
improvements shall be completed within the specified timeframe,which may not exceed three(3)years
from the date the trigger is first met and shall be completed as follows:Year 1 design deadline;Year 2
ROW/Utilities;Year 3 Construction.Property Owner shall collateralize 100%of the cost of the construction
improvements,including design,right-of-way,and utility relocation cost within six months of being
notified of meeting the triggers.Exhibit B shall be attached to this Agreement and incorporated herein once
approved by the County.
--�!•▪��� 5.0 Collateral.Collateral for any additional improvements required by the triggers may be required by
��oww the Board of County Commissioners,hereinafter referred to as the BOCC.Collateral is accepted and
�■�NF' released by the BOCC pursuant to the Weld County Code.Additional information about collateral is
outlined in Part II.B of this Agreement.
;wr 6.0 As-Built Plans."As-built"plans shall be submitted at the time the letter requesting release of
2 4 collateral is submitted or once the Property Owner has completed improvements as described in Part II.B,
Subsection 3.2.3,of this Agreement.Property Owner shall also provide an electronic copy of the as-built
We' drawings.The as-built drawings shall be stamped,signed,and dated by a licensed and registered
+_g 9. Professional Land Surveyor or Professional Engineer.
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�m w C. Haul Routes:The Property Owner shall be financially responsible for its proportional share of the
associated costs for maintaining and/or improving designated haul/travel routes.
• 1.0 Haul Routes.The following roads are designated as haul/travel routes for the Property:
1) North and south on CR 35 between approved site access and CR 42,and
2) East and west on CR 42 between Highway 85 and CR 39.
2.0 Haul trucks shall enter and exit the site at the approved access(es)on CR 35 and travel north-south
to the nearest paved road for further dispersal.Any County roads used by USR23-0018 traffic may become
part of the established haul/travel routes.
Korwell Land Holdings,LLC—USR23-0018-IA23-0009
Page 3 of 13
3.0 Weight Limits.No travel vehicles may exceed CDOT required specifications for pounds-per-axle
and axle configurations unless overweight permits have been applied for and granted.
4.0 Temporary Deviations.In unusual or rare occasions,if projects mandate deviation from the
above-mentioned haul/travel route for a limited period(six months or less),the Weld County Department
of Planning Services may authorize,in writing,the deviation.In that circumstance,haul/travel vehicles will
utilize paved County roads whenever possible.A deviation from the established haul/travel route lasting
more than six(6)months,or requests for one(1)or more deviations within a twelve(12)-month period
shall authorize the County to change the haul/travel routes designated herein and provide notice to the
Property Owner.
5.0 Haul Route Signage.Property Owner shall install travel route signs,if applicable,as per Manual
of Uniform Traffic Control Devices standards,at all exit points of the Property which can be clearly seen
by drivers leaving the facility and which clearly depict County approved travel routes.
6.0 No Deviation from Permitted Haul Routes.Except as authorized by the BOCC pursuant to this
Agreement,no use of any roads other than those specifically authorized for use in this Agreement is
permitted without the prior written amendment of this Agreement.
D. Maintenance Requirements:
1.0 Off-site recurring maintenance,if applicable,as required by the Board:
2.0 Dust Control.Property Owner shall be financially responsible for its proportional share of dust
control on unpaved designated haul/travel routes after commencement of operation.The amount and extent
of dust control will be determined by site-specific conditions at the time,as determined exclusively by
County personnel.Dust abatement along the relevant haul/travel routes is expected to occur approximately
two to five times per year.Dust abatement is required for roads with more than 200 vehicles per day,per
section 8-6-100 of the Weld County Code.
2.1 Dust Control.Property Owner shall perform within 30 days of construction start date,at
its sole expense,dust control by a contractor approved by Weld County Public Works during the
MI construction period of the development.
oNr„� 1) Application of topical magnesium chloride on CR 35 up to 5-7 times annually or if
additional applications above this amount are needed in accordance with the amount
WIT
of traffic generated.
s n� 2) Application of full-depth magnesium chloride 3 times a year on CR 35 between CR 42
a3N and 100 feet south of approved access location.
To 3.0 Repair.Property Owner shall be financially responsible for its proportional share of excavation,
8-!!y+ patching,and pavement repair on designated haul/travel routes.The amount and extent of repair and paving
AE®w measures will be determined by site-specific conditions at the time,as determined exclusively by County
yQm personnel.
4.0 Need for Immediate Repairs:In the event of damage to a designated haul/travel route by project
41Z. traffic that causes an immediate threat to public health and safety or renders the road impassible
t o ("Significant Damage"),County shall,after inspection,notify Property Owner of such Significant Damage.
Property Owner shall identify the repair required and shall consult with County on the extent,type,timing,
materials,and quality of repair(i.e.,temporary versus permanent)within twenty-four(24)hours after
Korwell Land Holdings,LLC—USR23-0018—IA23-0009
Page 4 of 13
receipt of such notice and shall commence such repair within forty-eight(48)hours after receipt of such
notice.If Property Owner identifies Significant Damage prior to receiving notice thereof from County,
Property Owner may commence repair of such Significant Damage and shall concurrently notify County
of the extent,type,timing,materials,and quality of repair(i.e.,temporary versus permanent).
5.0 Repair of Road:On or before December 31,of the calendar year in which County staff has
determined through site analysis and/or pavement testing that a particular haul/travel route road portion will
require paving measures in order to protect the public health,safety,and welfare,and the County has
budgeted sufficient funds for the following calendar year to pay its share of the Off-Site
Improvement/Repair Costs, County shall notify Property Owner in writing that the Off-Site
Improvements/Repairs shall be undertaken.Within ninety(90)days of its receipt of County's notice of the
need to undertake the road maintenance repairs and/or improvements,Property Owner shall submit Off-Site
Construction Plans and Cost Estimates to County for review.Property Owner shall have sole responsibility
for the completion of the repairs and/or improvements on or before December 15,of the year following
County's notice of the need for repairs.
5.1 In County's sole discretion,County may undertake the repairs and/or improvements.
Property Owner's payment for its Proportionate Share of the road repairs/improvements will be
calculated as determined in this Agreement.Property Owner will be invoiced accordingly for those
proportional share costs.
6.0 Calculation of Property Owner's Proportional Share of Costs.The County shall notify Property
Owner of County's preliminary determination and assessment of Property Owner's proportional share of
costs of maintenance,repair,or improvements to Property Owner's designated haul/travel routes.Prior to
County's final determination and assessment,County shall provide Property Owner with a reasonable
opportunity to review,comment upon and supplement County's data,collection methodology,and
determinations.The County shall review and consider Property Owner's input prior to making a final
determination and assessment.The County shall have sole responsibility for determination of Property
Owner's proportional share of costs.Property Owner agrees to pay such proportional share of costs within
-�M'S 30 days of receiving an invoice from County.
7.0 Annual Road Inspection.County may conduct a road inspection annually with the cooperation of
Ci ELI Property Owner and all other Property Owners and/or Lessees who are required by County to participate in
%!: road improvement/maintenance agreements for the haul routes designated in this Agreement.As a result of
r 0:: the annual inspection,County,in its sole discretion,shall determine actual conditions and shall further
x4.r determine what road repair/improvement/maintenance work is to be performed during that construction
J 3i ! season.Notification to the Property Owner of the required roadway repairs will be given as soon as the data
° a becomes available.
o
a7.y, 8.0 Notification.The County shall notify Property Owner of County's preliminary determination and
▪�.. assessment of Property Owner's proportionate share of costs of maintenance,repair,or improvements to
Property Owner's designated haul/travel routes.Prior to County's final determination and assessment,
County shall provide Property Owner with a reasonable opportunity to review,comment upon and
Fsupplement County's data,collection methodology,and determinations.The County shall review and
• consider Property Owner's input prior to making a final determination and assessment.
PART II:GENERAL PROVISIONS
• A. Engineering and Construction Requirements:
Korwell Land Holdings,LLC—USR23-0018—IA23-0009
Page 5 of 13
1.0 Engineering Services.Property Owner shall furnish to County,at its own expense,all engineering
services in connection with the design and construction of the off-site improvements and all on-site
drainage-related structures if required by any Municipal Separate Storm Sewer System(MS4)permit,as
identified on the accepted Construction Plans and according to the construction schedule set forth in the
construction schedule exhibits.The required engineering services shall be performed by a Professional
Engineer and Land Surveyor registered in the State of Colorado and shall conform to the standards and
criteria established by the County for public improvements.The required engineering services shall consist
of,but not be limited to surveys,designs,plans and profiles,estimates,construction supervision,and the
submission of necessary documents to the County.
2.0 Rights-of-Way and Easements.Before commencing the construction of any off-site improvements
herein agreed upon for public ROW or easements,Property Owner shall acquire,at its sole expense,good
and sufficient ROW and easements made necessary for the improvements.The County will not exercise
eminent domain on behalf of Property Owner.All such ROW and easements for the construction of roads
to be accepted by the County shall be conveyed to the County on County-approved forms and the documents
of conveyance shall be furnished to the County for acceptance with express written authority of the BOCC
and recording.
3.0 Construction.Property Owner shall furnish and install,at its own expense,the improvements(and
any drainage-related structures required by any MS4 permit)identified on the accepted Exhibits and shall
be solely responsible for the costs listed on the cost of construction exhibits,with the improvements being
completed also in accordance with the schedule set forth in the construction schedule exhibits.The BOCC,
at its option,may grant an extension of the time of completion set forth in construction schedule exhibits
stated herein upon application by the Property Owner.Said construction shall be in strict conformance to
the plans and drawings accepted by the County and the specifications adopted by the County.
4.0 Testing.Property Owner shall employ,at its own expense,a qualified testing company previously
approved by the County to perform all testing of materials or construction;and shall furnish copies of test
results to the County.If County discovers inconsistencies in the testing results,Property Owner shall
employ at its expense a third-party qualified testing company approved by County.Such third party shall
furnish the certified results of all such testing to the County.At all times during said construction,the
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County shall have the right to test and inspect material and work,or to require testing and inspection of
_�mW material and work at Property Owner's expense.Any material or work not conforming to the approved
plans and specifications,including but not limited to damages to property adjacent to the construction plan
C mg area shall be repaired,removed,or replaced to the satisfaction of the County at the expense of Property
N
t Owner.
• wi 5.0 Construction Standards.Design and construction of all off-site improvements shall conform to the
3 current version of CDOT's"Standard Specifications for Road and Bridge Construction"and the Weld
°-▪ .. County Engineering and Construction Criteria.
a.To 6.0 Traffic Control.Prior to any construction in County and/or State ROW,and as a condition of
42t, issuance of any ROW or Access Permit,the Property Owner shall submit a traffic control plan for County
review.During construction,appropriate safety signage shall be posted in accordance with the then-current
s n� version of the Manual of Uniform Traffic Control Devices.
B. Collateral:
• 1.0 General Requirements for Collateral.Property Owner shall provide to County the necessary
• collateral to guarantee all of Property Owner's obligations under this Agreement:(1)Project Collateral is
required for completion of off-site improvements,as described in this Agreement;(2)Warranty Collateral
Korwell Land Holdings,LLC—USR23-0018-IA23-0009
Page 6 of 13
is required for all off-site improvements during the two-year warranty period.Collateral acceptance and
release are governed by the Weld County Code.
1.1 Project Collateral shall be submitted to guarantee completion of off-site improvements
identified in the Exhibits.Project Collateral must be submitted in an amount equal to 100%of the
value of the improvements,as calculated in the cost of construction exhibits.Project Collateral
must be submitted at the time of execution of the Agreement,unless otherwise directed by the
Board of County Commissioners.In the event that Property Owner fails to adequately complete
the required improvements,County may,in its sole discretion,access Project Collateral for the
purpose of completing such improvements.It may be necessary to provide additional collateral in
the event the cost estimate is older than three(3)years.NO WORK SHALL COMMENCE UNTIL
PROJECT COLLATERAL HAS BEEN SUBMITTED AND ACCEPTED BY THE COUNTY.
1.2 Warranty Collateral shall be submitted and held by the County until release after the two-
year warranty period following the County's initial approval of the improvements.Warranty
Collateral shall be in an amount equal to 15%of Project Collateral.In the event that Property Owner
fails to adequately complete or repair improvements during the warranty period,County may,in
its sole discretion,access Warranty Collateral for the purpose of completing such improvements.
2.0 Form of Collateral.Collateral may be in the form of a letter of credit,a surety bond,or a cash
deposit,subject to the requirements and restrictions of Section 2-3-30 of the Weld County Code,as that
section may be amended from time to time.
3.0 Release of Collateral.Collateral shall be released in accordance with Section 2-3-30 of the Weld
County Code.For collateral release,County personnel conducts inspections for on-site and off-site
improvements.
3.1 Timing of Release. Project Collateral may be released upon completion of all
improvements required by the Exhibits after initial approval by the County.Warranty Collateral
shall be withheld by County at the time of release of Project Collateral or may be submitted
separately by Property Owner.Warranty Collateral may be released upon the approval of the
County at the end of the two-year warranty period.
M`a°w°
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3.2 Request for Release of Collateral.Prior to release of collateral by Weld County for the
Gft entire project or for a portion of the project,the Property Owner must present a Statement of
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Substantial Compliance from an Engineer registered in the State of Colorado.The Statement of
Substantial Compliance shall state that the project or a portion of the project has been completed
—.D in substantial compliance with accepted plans and specifications documenting the following:
•
to...a3.2.1 The Property Owner's Engineer or his representative has made regular on-site
Qs o inspections during the course of construction and the construction plans utilized
are the same as those accepted by Weld County.
gQm 3.2.2 For the improvements to public rights-of-way or easements,test results must be
submitted for all phases of this project as per Colorado Department of
Transportation(CDOT)Schedule for minimum materials sampling,testing and
inspections found in CDOT Materials Manual.
n
3.2.3 "As-built"plans shall be submitted at the time the letter requesting release of
collateral is submitted or at such time as the Property Owner has completed
ME improvements as shown on the Exhibit C and/or Exhibit D and shall be stamped
Korwell Land Holdings,LLC—USR23-0018-IA23-0009
Page 7of13
and approved by an Engineer registered in the State of Colorado,if an Engineer
was initially required for the project.The Property Owner's Engineer shall certify
that the project"as-built" is in substantial compliance with the plans and
specifications as approved,or that any material deviations have received prior
written acceptance from a Development Review Engineer.
3.3 County's Response to Request for Release of Collateral.Following a written request for
release of collateral, County personnel will inspect the improvements as provided in this
Agreement.Upon approval,the Board of County Commissioners may release said collateral.
C. Acceptance of Improvements:
1.0 Acceptance of Off-Site Improvements.Upon completion of the off-site improvements,Property
Owner shall contact the Weld County Development Review Team and request an inspection of such
improvements.Upon request,County personnel will initiate the inspection,approval,and acceptance
process.
2.0 Inspection,Approval,and Acceptance Process.
2.1 Upon completion of construction of all off-site improvements as described in the
Construction Plans,Property Owner shall submit to the Weld County Department of Planning
Services a Statement of Substantial Compliance by Property Owner's Engineer along with
"as-built"drawings as required in subsection B3.2.3,above,and shall request County inspection
of the Off-Site Improvements.County personnel shall then inspect the improvements.If the County
determines the improvements were not constructed in accordance with the Construction Plans,the
County shall direct the Property Owner to correct the deficiencies.If the County determines the
we. improvements were constructed in accordance with the Construction Plans,the County shall
=;1.Z1,1 initially approve the Off-Site Improvements.
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2.2 Two-Year Warranty Period.Such initial approval begins the two-year warranty period.
$i_». Upon completion of the two-year warranty period,County personnel shall,upon request by the
Property Owner,inspect the subject improvements,and notify the Property Owner of any
4,N deficiencies.If any deficiencies are discovered,the Property Owner shall correct the deficiencies.
a s County personnel shall re-inspect the improvements after notification from the Property Owner that
said deficiencies have been corrected.If the County personnel finds that the improvements are
,a constructed according to County standards,he or she shall approve the improvements.Such final
approval shall authorize the Property Owner to request the Board of County Commissioners to
w j release the Warranty Collateral.
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2.3 Placement of Improvements into Service Prior to County Approval.If requested by the
Property Owner and agreed by the County,portions of the improvements may be placed in service
when completed according to the schedule shown on the construction schedule exhibit,but such
use and operation shall not alone constitute an approval or acceptance of said portions of the
improvements.County may,at its option,issue building permits for construction for which the
improvements detailed herein have been started but not completed according to the schedule shown
on the construction schedule exhibit and may continue to issue building permits so long as the
progress of work on the improvements is satisfactory to the County,and all terms of this Agreement
have been faithfully kept by Property Owner.
D. Permits.The Property Owner is required to apply for and receive all permits required by the
County or any other applicable local,State,or federal permit,including but not limited to:
Korwell Land Holdings,LLC—USR23-0018—IA23-0009
Page 8 of 13
1.0 Access Permits.Property Owner shall not use any access onto any County Road unless and until
an access permit has been issued by the Department of Planning Services.Planning Services may condition
the issuance of an updated access permit on the amendment of this Agreement if the updated access permit
authorizes the use of an additional access point,or if there is a change in use of the current access point,as
permitted by Article XIV of Chapter 8 of the Weld County Code.
2.0 Right-of-Way(ROW)Permits.Per Article XIII of Chapter 8 of the Weld County Code,any work
occurring within County ROW requires a ROW permit issued by the Department of Public Works.No work
shall occur without said ROW permit.
3.0 Transport Permits.Per Article XV of Chapter 8 of the Weld County Code,a Weld County Transport
Permit is required for Extra-legal vehicles using Weld County roadways to ensure the operation and
movement of Extra-legal Vehicles and Loads occurs in a safe and efficient manner.
E. Enforcement and Remedies.
1.0 Violation of Terms of Agreement.If in County's opinion,Property Owner has violated any of the
terms of this Agreement,County shall notify Property Owner of its belief that the Agreement has been
violated and shall state with specificity the facts and circumstances which County believes constitute the
violation.Property Owner shall have fifteen(15)days within which to either cure the violation or
demonstrate compliance.If,after fifteen(15)days have elapsed,County believes in good faith that the
violation is continuing,County may consider Property Owner to be in breach of this Agreement.
2.0 Remedies for Breach by Property Owner.In the event that County determines that Property Owner
has violated the terms of this Agreement,and has failed to correct said violation,County may exercise any
or all of the following remedies,or any other remedy available in law or equity.
2.1 Access and Use of Collateral.County may access and use collateral to address the issues
specific to the violation.For example,the County may access and use Project Collateral in order to
complete improvements as required by the Construction Plans,when such improvements have not
been completed in accordance with the Construction Schedule.
ell m6.! 2.2. Withholding Permits.County may"lock"any or all lots within the Property,which
precludes the continued issuance of building permits,zoning permits,septic permits,or any other
permit issued by any department of the County.
9C2-1.2 I
ns 2.3 Court Action.County may seek relief in law or equity by filing an action in the Weld
3 a District Court or Federal District Court for the District of Colorado,except that no such civil action
7O co or order shall be necessary to access collateral for the purpose of completing improvements as
a. described above.
2.4 Revocation of USR Permit.Property Owner acknowledges that failure to comply with the
terms of this Agreement constitutes cause to revoke the USR,and County may exercise this option
zig 2 in its sole discretion by proceeding with revocation under the then current provisions of the Weld
County Code.
F_
° 3.0 Termination of Agreement.This Agreement shall terminate upon the earliest of the following
events:
3.1 Failure to Commence.County may terminate this Agreement upon or after revocation of
the underlying land use approval under Weld County Code Section 23-2-290.However,County
Korwell Land Holdings,LLC—USR23-0018—IA23-0009
Page 9 of 13
may still exercise all necessary activities under this Agreement that the County determines
necessary to protect the health,safety,and welfare of the residents of Weld County.
3.2 Cessation of all Permit Related Activities.Termination of this Agreement shall occur upon
Property Owner's complete cessation of all activities permitted by the USR including any clean up
or restoration required.A partial cessation of activities shall not constitute a Termination of this
Agreement,nor shall County's issuance of a partial release/vacation constitute a Termination.
Unless informed in writing by the Property Owner of cessation of activities,and verified by the
County,cessation shall only be presumed if the County determines that the USR has been inactive
for three(3)years.Property Owner shall not be entitled to a release of Project or Warranty
Collateral unless and until the improvements required by this Agreement are completed.
3.3 Execution of Replacement Agreement.This Agreement shall terminate following County's
execution of a new Improvements Agreement with a new property owner or operator who has
purchased the Property or has assumed the operation of the business permitted by the USR and
intends to make use of the rights and privileges available to it through the then existing USR.
3.4 Revocation of USR.This Agreement shall terminate following County's revocation of
Property Owner's USR,except that the Property Owner shall only be released from this Agreement
after the successful completion of all improvements required under this Agreement,which may be
completed by County after accessing Property Owner's collateral if Property Owner fails to
complete such improvements.
F. General Provisions:
1.0 Successors and Assigns.
1.1 Property Owner may not delegate,transfer,or assign this Agreement in whole or in part,
without the prior express written consent of County and the written agreement of the party to whom
the obligations under this Agreement are assigned.Consent to a delegation or an assignment will
not be unreasonably withheld by County.In such case,Property Owner's release of its obligations
�*aw shall be accomplished by County's execution of a new Improvements Agreement with the
M:u• successor owner of the property.
7�mV
. 1.2 County's rights and obligations under this Agreement shall automatically be delegated,
transferred,or assigned to any municipality which,by and through annexation proceedings,has
assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement.
Etwr
�-
N73r
" 2.0 Severability.If any term or condition of this Agreement shall be held to be invalid,illegal,or
70... unenforceable by a court of competent jurisdiction,this Agreement shall be construed and enforced without
°va
tea:O such provision,to the extent that this Agreement is then capable of execution within the original intent of
Eit the parties.
�F,
3.0 Governmental Immunity.No term or condition of this contract shall be construed or interpreted as
S a waiver,express or implied,of any of the immunities,rights,benefits,protections,or other provisions,of
the Colorado Governmental Immunity Act§§24-10-101 et seq.,as applicable now or hereafter amended.
fj. 4.0 Amendment or Modification.Any amendments or modifications to this agreement shall be in
writing and signed by both parties.
MI
Korwell Land Holdings,LLC—USR23-0018-IA23-0009
Page 10 of 13
5.0 No Third-Party Beneficiary.It is expressly understood and agreed that the enforcement of the terms
and conditions of this Agreement,and all rights of action relating to such enforcement,shall be strictly
reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of
action whatsoever by any other person not included in this Agreement.It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or benefits under
this Agreement shall be an incidental beneficiary only.
6.0 Board of County Commissioners of Weld County Approval.This Agreement shall not be valid
until it has been approved by the Board of County Commissioners of Weld County,Colorado,or its
designee.
7.0 Choice of Law/Jurisdiction.Colorado law,and rules and regulations established pursuant thereto,
shall be applied in the interpretation,execution,and enforcement of this Agreement.Any provision included
or incorporated herein by reference which conflicts with said laws,rules and/or regulations shall be null
and void.In the event of a legal dispute between the parties,the parties agree that the Weld County District
Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said
dispute.
8.0 Attorneys'Fees/Legal Costs.In the event of a dispute between County and Property Owner,
concerning this Agreement,the parties agree that each party shall be responsible for the payment of attorney
fees and/or legal costs incurred by or on its own behalf.
9.0 Release of Liability.Property Owner shall indemnify and hold harmless the County from any and
all liability loss and damage County may suffer as a result of all suits,actions,or claims of every nature
and description caused by,arising from,or on account of the design and construction of improvements,and
pay any and all judgments rendered against the County on account of any such suit,action or claim,and
notwithstanding section 7.0 above,together with all reasonable expenses and attorney fees incurred by
County in defending such suit,action or claim whether the liability,loss or damage is caused by,or arises
out of the negligence of the County or its officers,agents,employees,or otherwise except for the liability,
loss,or damage arising from the intentional torts or the gross negligence of the County or its employees
while acting within the scope of their employment.All contractors and other employees engaged in
��mp construction of the improvements shall maintain adequate worker's compensation insurance and public
= w liability insurance coverage and shall operate in strict accordance with the laws and regulations of the State
'c mw of Colorado governing occupational safety and health.
- N
10.0 Binding Arbitration Prohibited.Weld County does not agree to binding arbitration by any extra-
judicial body or person.Any provision to the contrary in this Agreement or incorporated herein by reference
r w r shall be null and void.
Z.3M
11.0 Authority to Sign.Each person signing this Agreement represents and warrants that he or she is
41:r. duly authorized and has legal capacity to execute and deliver this Agreement.Each party represents and
o warrants to the other that the execution and delivery of the Agreement and the performance of such party's
m." obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement
m binding on such party and enforceable in accordance with its terms.If requested by the County,Property
em 0 Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement
mc°, within five(5)days of receiving such request.
mc, 12.0 Acknowledgment.County and Property Owner acknowledge that each has read this Agreement,
understands it,and agrees to be bound by its terms.Both parties further agree that this Agreement,with the
attached or incorporated Exhibits,is the complete and exclusive statement of agreement between the parties
Korwell Land Holdings,LLC—USR23-0018-IA23-0009
Page 11 of 13
and supersedes all proposals or prior agreements,oral or written,and any other communications between
the parties relating to the subject matter of this Agreement.
13.0 Notwithstanding any other provision contained in this Agreement,for any conflict or potential
conflict between any term in this Agreement and the Resolution of the Board of County Commissioners
approving the underlying land use permit,the provisions of the Board's Resolution shall control.In the
event of a discrepancy between this agreement and the Weld County Code in effect at the time of the
agreement,the terms of the Weld County Code shall control.
4938531 Pages: 12 of 13
01/05/2024 11:13 AM R Fee:$0.00
Carly Koppel,Clark and Recorder,Weld County,CO
IIIIIMPAIN/IMNIYINILEIVIRIFIL"Ill
Korwell Land Holdings,LLC-USR23-0018—1A23-0009
Page 12 of 13
PROPERTY WNER:Korwell Land Holdings,LLC
By: 0Date (,121/2,:
Name: 0,-(nR ,Stv‘v$.v‘
Title: P..vk ."'
STATE OF COLORADO )
ss.
County of Weld )
The foregoing ins R. was acknowledged before me thi7day of
abhiko
.ALVennlY.f
202° ,by Craig .
WITNES aar4 fiffioial coal.
NOTARY PUBLIC
STATE OF COLORADO Notary Public
NOTARY ID 20024034431
MY COMMISSION EXPIRES 10/22/2026
WELD COUNTY: C�
ATTEST. ,�ds/1J�• '&i. BOARD OF COUNTY COMMISSIONERS
Weld •u Clerk to the:oar,, WE OUNT
/ Y,COL O
BY: 11 /�!�"
Deputy Clef to the Board//P\s". 1 �
- , Ferry L Buck, Pro—Tem
DEC 1 3 2023
11661 rIv
gill��IIN `
4938331 Pages: 13 of 13
01/00/2024 11:13 AM R Fes:$0.00
Carly Kopp.,,Clark and Raoord.r,Wald County CO
����1���1a '�hi�1�144L Iluiw M 'tiN ��!cT Wa 11111
III1
Korwell Land Holdings,LLC—USR23-0018—IA23-0009 O02 3-' 6.7
Page 13 of 13
r
Entity Information
Entity Name* Entity ID* ❑New Entity?
KORWELL LAND HOLDINGS LLC @00045921
Contract Name* Contract ID Parent Contract ID
IMPROVEMENTS AND ROAD MAINTENANCE 7672
AGREEMENT KORWELL LAND HOLDINGS LLC USR23-
Contract Lead" Requires Board Approval
0018
JTRUJILLOMARTINEZ YES
Contract Status
Contract Lead Email Department Project#
CTB REVIEW
jtrujillomartinez@weldgo
v.com
Contract Description*
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT KORWELL LAND HOLDINGS LLC USR23-001 8 NO
COLLATERAL REQUIRED
Contract Description 2
Contract Type" Department Requested BOCC Agenda Due Date
AGREEMENT PLANNING Date* 12/09/2023
12/13/2023
Amount* Department Email
$0.00 CM- Will a work session with BOCC be required?*
Planning@weldgov.com NO
Renewable*
NO Department Head Email Does Contract require Purchasing Dept.to be
CM-Planning- included?
Automatic Renewal DeptHead@weldgov.com NO
Grant County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
lGA
County Attorney Email
CM-
COUNTYATTORNEY@WEL
DGOV.COM
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note:the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date Review Date* Renewal Date
12/13/2024
Termination Notice Period Committed Delivery Date Expiration Date*
12/13/2025
Contact Information
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
TOM PARKO JR. CHERYL PATTELLI MATTHEW CONROY
DH Approved Date Finance Approved Date Legal Counsel Approved Date
12/06/2023 12/07/2023 12/07/2023
Final Approval
BOCC Approved Tyler Ref#
AG 121323
BOCC Signed Date Originator
JTRUJILLOMARTINEZ
BOCC Agenda Date
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR23-0018, FOR OPEN MINING (TOPSOIL) AND EMPLOYEE AND
EQUIPMENT PARKING ASSOCIATED WITH OPERATIONS OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A(AGRICULTURAL)ZONE
DISTRICT-KORWELL LAND HOLDINGS,LLC
WHEREAS,the Board of County Commissioners of Weld County,Colorado,pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County,Colorado,and
WHEREAS,the Board of County Commissioners held a public hearing on the 27th day of
September,2023,at the hour of 10:00 a.m.,in the Chambers of the Board,for the purpose of
hearing the application of Korwell Land Holdings,LLC, P.O.Box 337282,Greeley,Colorado
80633,for a Site Specific Development Plan and Use by Special Review Permit,USR23-0018,
for Open Mining(topsoil)and employee and equipment parking associated with operations
outside of subdivisions and historic townsites in the A(Agricultural)Zone District,on the following
described real estate,being more particularly described as follows:
SW1/4 of Section 25, Township 4 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS,at said hearing,the applicant was present and represented by Will Charles,
Baseline Engineering Corporation,112 N.Rubey Drive,#210,Golden,Colorado 80403,and
WHEREAS,Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit,and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present,studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and,having been fully informed,finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1—The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
1) Section 22-2-30.C states: "Harmonize development with
surrounding land uses." Subsection C.3 states, "Encourage
development that preserves land for agriculture, rangeland,
wetlands, and critical habitats."The landowner and miner are
proposing to surface mine the topsoil under the center pivot only,
leaving the dry corners undisturbed to a depth of 14 inches.The
ce:PL(w/M./Ko/oA/NW),CA(Krk),APPL.,RPPL.REP. 2023-2697
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SPECIAL REVIEW PERMIT(USR23-0018)-KORWELL LAND HOLDINGS,LLC
PAGE 2
topsoil onsite has been measured between 14-18 inches in depth.
The operator will extract approximately 12-14 inches of topsoil and
reclaim the disturbed area to support native,dryland grasses for
uncommitted future land-use.
2) Section 22-2-60.B states:"Support responsible energy and mineral
development." 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 topsoil,sand,
gravels and stone have an effect on the successfulness for both
agriculture, reclamation of land due to natural disasters and
disturbance, and the retention of the viability of restoring the
landform.The agricultural lands associated with the surface estate
is underlain with a viable fertile decomposed biologic matter formed
over time by a natural process.With the completion of mining,the
site will be re-contoured,reseeded,and enhanced with a noxious
weed treatment for reclamation success. The reclamation of
disturbed land is critical in reestablishing ecological functions,and
to minimize long-term effects from the mining operation,to the
extent practicable.To this effect,reclamation will be completed to
support native,dryland grasses for uncommitted future land use
and on going oil and gas facilities associated with production well
head sites.
3) 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."To address the impact to the area roads,the Department
of Planning Services—Development Review is requesting the
specific haul route be outlined in the Conditions of Approval and
Development Standards.An Improvements and Road Maintenance
Agreement is required for off-site improvements at this location.
Road maintenance includes,but is not limited to,dust control and
damage repair to specified haul routes. The Agreement shall
include provisions addressing engineering requirements,
submission of collateral,and testing and approval of completed
improvements. The Improvements and Road Maintenance
Agreement is a Condition of Approval to be accepted by the Board
of County Commissioners,prior to recording the USR map.
B. Section 23-2-230.B.2—The proposed use is consistent with the intent of
the A(Agricultural)Zone District.
1) Section 23-3-10—Intent, 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)
2023-2697
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SPECIAL REVIEW PERMIT(USR23-0018)-KORWELL LAND HOLDINGS,LLC
PAGE 3
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."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 a topsoil mine,permitted in the A(Agricultural)
Zone District,as detailed in the application,and in the Weld County
Code.
2) Section 23-3-40.R allows for Open Mining(topsoil),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. Also included is mobile mining equipment
parking and storage,and employee parking.
C. Section 23-2-230.B.3—The uses which will be permitted will be compatible
with the existing surrounding land uses.Zoning in the area surrounding the
site is A(Agricultural).There are several residences within the vicinity and
within the 500-foot notice area of the site.Two(2)residential properties are
directly adjacent to the southwestern corner of the property, two (2)
residences are directly adjacent to the southeast corner of the property,
and one(1)residence,located to the west,is approximately 150 feet from
the active mined area.All other residences are located 745 feet or greater,
in distance,from the active mine site. The mine site is planted in corn and
the staging area is located on approximately 20 acres in the northwest
quadrant of the property,near the PDC oil and gas encumbrances,and
more than 1,500 feet from the nearest residence.In addition to agricultural
uses,there is oil and gas development and rural residential uses near the
site.
There are multiple Use by Special Review permits within one(1)mile of the
site,including a greater than 12-inch HP natural gas line(USR17-0050),
that crosses the property adjacent to County Road 35 right-of-way.To the
east is an 800-head dairy(SUP-442). To the south is a Natural Gas
Processing Station (AMUSR-355), three (3) greater than 12-inch HP
natural gas pipelines(USR17-0049,USR18-0094 and USR12-0006),and
one(1)greater than 10-inch HP natural gas pipeline(USR-958).Also to
the south are the DCP Mewbourn Gas Plant (5MJUSR17-98-542), a
natural gas pump station(1MUSR18-12-0074),an oil and gas equipment
storage yard (USR-1018), and the Cureton Gilcrest Gas Plant
(1 MJUSR19-14-0035).
The Weld County Department of Planning Services sent notice to eight(8)
surrounding property owners within 500 feet of the site.Planning staff
received no letters from interested parties. Planning staff has received
2023-2697
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SPECIAL REVIEW PERMIT(USR23-0018)-KORWELL LAND HOLDINGS,LLC
PAGE 4
one(1)telephone call from an adjacent property owner who had general
questions about the land use permit.
The Conditions of Approval require that the applicant submit an accepted
Communications Plan,Emergency Action and Safety Plan,an accepted
Improvements and Road Maintenance Agreement(for roads and traffic),
and an Access Permit.The Noise Abatement and Dust Abatement Plans
have been submitted,reviewed and accepted.The Conditions of Approval
and Development Standards 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 23-2-230.6.4—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 proposed mine is located within three(3)miles of the
City of Evans and Town of Gilcrest.The City of Evans returned the Notice
of Inquiry(NOI),dated August 23,2022,that stated the proposed project is
outside their Future Land Use boundary and they returned a referral
response,dated June 15,2023,indicating no conflict with their interests.
The Town of Gilcrest did not return a referral response.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI,of the Weld County Code.The property is not within the
Greeley-Weld County Airport, Floodplain or Floodway, Geohazard
Development Area,the Municipal Separate Storm Sewer Systems(MS4)
defined boundary, the Historic Townsites or the Agricultural Heritage
Overlay Districts. Building Permits issued on the lot will be required to
adhere to the fee structure of the County-Wide Road Impact Fee,County
Facility Fee,and Drainage Impact Fee Programs.
F. Section 23-2-230.6.6—The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use.The proposed mine site is located on 132 acres,with 135 acres
designated as of Farmland of Local Importance,per the NRCS Soil Survey
for Weld County.Per the NRCS report,no prime farm ground will be taken
out of production.Post mining,the land will be reclaimed to support native,
dryland grasses for uncommitted,future land use and on going oil and gas
facilities associated with production well head sites.
G. Section 23-2-230.6.7—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 the health,safety,
and welfare of the inhabitants of the neighborhood and County. The
proposal has been reviewed by the appropriate referral agencies and it has
2023-2697
PL2199
SPECIAL REVIEW PERMIT(USR23-0018)-KORWELL LAND HOLDINGS,LLC
PAGE 5
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.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Korwell Land Holdings, LLC, for a Site Specific
Development Plan and Use by Special Review Permit,USR23-0018,for Open Mining(topsoil)
and employee and equipment parking associated with operations outside of subdivisions and
historic townsites in the A(Agricultural)Zone District,on the parcel of land described above,be,
and hereby is,granted subject to the following conditions:
1. Prior to recording the map:
A. An Improvements and Road Maintenance Agreement is required for
upfront and triggered off-site improvements at this location. Road
maintenance includes,but is not limited to,dust control and damage repair
to specified haul route.The Agreement shall include provisions addressing
engineering requirements, submission of collateral, and testing and
approval of completed improvements.
B. An acceptable Final Traffic Study,stamped and signed by a Professional
Engineer,licensed in the State of Colorado,shall be submitted.
C. The applicant shall acknowledge the requirements of the Department of Oil
and Gas Energy referral response,dated June 22,2023.Written evidence
of such shall be submitted to the Weld County Department of Planning
Services.
D. The applicant shall address the concerns of the Colorado Division of Water
Resources, as stated in the referral response, dated June 21, 2023,
specific to use of the on-site water wells.Written evidence of such shall be
submitted to the Weld County Department of Planning Services.
E. 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.
F. 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.
G. 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,Sections 23-4-280.6
through.D of the Weld County Code.
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SPECIAL REVIEW PERMIT(USR23-0018)-KORWELL LAND HOLDINGS,LLC
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H. The USR map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR23-0018.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas on the map.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV,Division 2 of the Weld County Code.
6) The map shall delineate the parking area for the mine vehicles,
mine equipment,vendors,and employees.
7) The applicant shall show the accepted Screening Plan,addressing
visual mitigation.
8) County Road 35 is a gravel road and is designated on the Weld
County Functional Classification Map as a collector road,which
requires 80 feet of right-of-way at full buildout.The applicant shall
delineate and label the future and existing right-of-way(along with
the documents creating the existing right-of-way)and the physical
location of the road on the site map or plat.All setbacks shall be
measured from the edge of the right-of-way.This road is maintained
by Weld County.
9) County Road 40 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout.The applicant shall
delineate and label the future and existing right-of-way(along with
the documents creating the existing right-of-way)and the physical
location of the road on the site map or plat.All setbacks shall be
measured from the edge of the right-of-way.This road is maintained
by Weld County.
10) The applicant shall show and label the existing permitted accesses,
and the proposed access, onto County Road 35 and
County Road 40.For the proposed access,specify the approved
access width and the appropriate turning radii on the site plan.
11) The applicant shall show and label the drainage flow arrows.
2023-2697
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SPECIAL REVIEW PERMIT(USR23-0018)-KORWELL LAND HOLDINGS,LLC
PAGE 7
12) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
13) The applicant shall show and label all recorded easements and
rights-of-way by book and page number or Reception number and
date.
14) 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.
15) 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 submitted within
120 days from the date of the Board of County Commissioners'
Resolution. The applicant shall be responsible for paying the
recording fee.
16) 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
three(3)-month period.
2. Prior to Construction:
A. If more than one(1)acre is to be disturbed for construction of non-gravel
pit items,such as structures,parking lots,laydown yards,etc.,a Weld
County Grading Permit will be required.
B. The approved access and tracking control shall be constructed,prior to
on-site construction.
3. 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.
2023-2697
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SPECIAL REVIEW PERMIT(USR23-0018)-KORWELL LAND HOLDINGS,LLC
PAGE 8
B. The applicant shall submit written evidence that the Financial and
Performance warranty has been submitted to, and accepted by, the
Division of Reclamation,Mining and Safety.
4. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded.Activity shall not occur,nor shall any Building
or Electrical Permits be issued on the property,until the Use by Special Review
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
The above and foregoing Resolution was,on motion duly made and seconded,adopted
by the following vote on the 27th day of September,A.D.,2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST: da,{m) jC,kou (�y
Mike an,Chair
Weld County Clerk to the Board
al I ��r Perry .Bu ,Pro-Tem
BY: 1� k •
-
Deputy Clerk to the Board
L� o K.Jame
APP ED RM: ,, `yd' 1C)
3 .Ross
16, .gip
County orney
ai e
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Date of signature: 1
2023-2697
PL2199
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KORWELL LAND HOLDINGS,LLC
USR23-0018
1. Site Specific Development Plan and Use by Special Review Permit,USR23-0018,is for
Open Mining(topsoil)and employee and equipment parking associated with operations
outside of subdivisions and historic townsites in the A(Agricultural)Zone District,subject
to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right,pursuant to Section 23-8-10 of
the Weld County Code.
3. 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 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 operator becomes aware of projects that require night
operations,they will email the Director of the Department of Planning Services to let
him/her know 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.
4. 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.
5. The mine shall remain in compliance with the approved Division of Reclamation,Mining
and Safety 112c Permit,#M2022-034.
6. 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.
7. The number of on-site employees shall be up to three(3),as stated in the application
materials.
8. The parking area for mine equipment and employees on the site shall be maintained.
9. All signs shall adhere to Chapter 23,Article IV,Division 2 of the Weld County Code.
10. The property owner or operator shall maintain compliance with the accepted
Communications Plan.
11. Lighting shall be maintained in accordance with the approved Lighting Plan.
12. The existing and proposed landscaping and screening on the site shall be maintained in
accordance with the approved Landscape and Screening Plan.Required landscaping and
screening shall be installed within one(1)calendar year of issuance of a Building Permit
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DEVELOPMENT STANDARDS(USR23-0018)-KORWELL LAND HOLDINGS,LLC
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or commencement of use,whichever occurs sooner.Dead or diseased plant materials
shall be replaced with materials of similar quantity and quality at the earliest possible time.
13. 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.
14. 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.
15. The property owner or operator shall be responsible for controlling noxious weeds on the
site,pursuant to Chapter 15,Articles I and II,of the Weld County Code.
16. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
17. Any work that may occupy and/or encroach upon any County rights-of-way or easement
shall require an approved Right-of-Way Use Permit,prior to commencement.
18. The historical flow patterns and runoff amounts on the site will be maintained.
19. The property owner shall comply with all requirements provided in the executed
Improvements Agreement.
20. The Improvements Agreement for this site may be reviewed on an annual basis,including
a site visit and possible updates.
21. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities
Act,C.R.S.§30-20-100.5)shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
22. No permanent disposal of wastes shall be permitted at this site.This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act,C.R.S.§30-20-100.5.
23. Waste materials shall be handled,stored,and disposed of in a manner that controls
fugitive dust,fugitive particulate emissions,blowing debris,and other potential nuisance
conditions.The facility shall operate in accordance with Chapter 14,Article I of the Weld
County Code.
24. 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 and the
accepted Dust Abatement Plan.
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DEVELOPMENT STANDARDS(USR23-0018)-KORWELL LAND HOLDINGS,LLC
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25. The operation shall submit an Air Pollution Emission Notice(A.P.E.N.)and Emissions
Permit application, and obtain permits from the Air Pollution Control Division of the
Colorado Department of Public Health and Environment,as applicable.
26. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone,as delineated in C.R.S.§25-12-103.The facility shall operate in accordance with
the accepted Noise Evaluation Report.
27. The operation shall remove,handle,and stockpile overburden,sand,soil,and gravel from
the facility area in a manner that prevents nuisance conditions.
28. Portable toilets and bottled water are acceptable to provide drinking and sanitary services
to the site.Records of maintenance and proper disposal for portable toilets shall be
retained on a quarterly basis and available for review by the Weld County Department of
Public Health and Environment.Portable toilets shall be serviced by a cleaner licensed in
Weld County,contain hand sanitizers and be screened from existing,adjacent residential
properties and public rights-of-way.
29. If applicable,the operation shall obtain a stormwater or other discharge permits from the
Colorado Department of Public Health and Environment,Water Quality Control Division.
30. 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.
31. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation,Mining and Safety.
32. The operation shall comply with the Mine Safety and Health Act(MSHA).
33. The facility shall notify the County of any revocation and/or suspension of any State-issued
permit.
34. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
35. Building Permits may be required for any new construction, set up of manufactured
structures,or change of use of existing buildings,per Section 29-3-10 of the Weld County
Code.Buildings and structures shall conform to the requirements of the various codes
adopted at the time of permit application.Currently,the following have been adopted by
Weld County:2018 International 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,or an
Open Hole Inspection shall be required.A Building Permit must be issued prior to the start
of construction.
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DEVELOPMENT STANDARDS(USR23-0018)-KORWELL LAND HOLDINGS,LLC
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36. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County-Wide Road Impact Fee,County Facility Fee,and Drainage Impact Fee
Programs.
37. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
38. All buildings shall comply with the setback from oil and gas wells,per Section 23-4-700,
as amended.
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.
40. 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.
41. 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.
42. 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 the Department of Planning Services may grant an
extension of time,for good cause shown,upon a written request by the landowner.
43. 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.
44. 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
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DEVELOPMENT STANDARDS(USR23-0018)-KORWELL LAND HOLDINGS,LLC
PAGE 5
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.Oftentimes, 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.
45. The Weld County Right to Farm Statement,as it appears in Section 22-2-30.A.4.a of the
Weld County Code,shall be placed on the map and recognized at all times.
2023-2697
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