HomeMy WebLinkAbout20231960.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND FIRST MAJOR AMENDED
USE BY SPECIAL REVIEW PERMIT, 1 MJUSR23-14-0005, FOR OPEN MINING (SAND,
GRAVEL AND STONE), MATERIALS PROCESSING, AN ASPHALT BATCH PLANT,
EMPLOYEE AND EQUIPMENT PARKING ASSOCIATED WITH OPERATIONS,
AND MINE SUPPORT INFRASTRUCTURE OUTSIDE OF SUBDIVISIONS AND
HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT -
TERRY GRAZING ASSOCIATION, C/O CONNELL RESOURCES, INC.
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 19th day of
July, 2023, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Terry Grazing Association, P.O. Box 3170, Cheyenne, Wyoming 82003,
do Connell Resources, Inc., 7785 Highland Meadows Parkway, Suite 100, Fort Collins, Colorado
80528, for a Site Specific Development Plan and First Major Amended Use by Special Review
Permit, 1MJUSR23-14-0005, for Open Mining (sand, gravel and stone), materials processing, an
asphalt batch plant, employee and equipment parking associated with operations, and mine
support infrastructure outside of subdivisions and historic townsites in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
All of Section 21 and the SW1/4, S1/2 SE1/4,
NW1/4 SE1/4 and SW1/4 NE1/4 of Section 22, all in
Township 11 North, Range 67 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by William Schenderlein, Blue
Earth Solutions, LLC, P.O. Box 2427, Fort Collins, Colorado 80522, 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.
cc :PL(TP/MN/Ko/OA/MW), CA(KPA APPL.,APPz. REP.
OS 111023
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SPECIAL REVIEW PERMIT (1MJUSR23-14-0005) - TERRY GRAZING ASSOCIATION,
CIO CONNELL RESOURCES, INC.
PAGE 2
1) 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 mineral resource extraction is an essential
industry. The availability and cost of materials such as sand and
gravel, influence the successfulness of Connell Resources, Inc.,
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
rangeland and wildlife habitat. 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 T-1, Stream Terrace Deposits — Fine Aggregates,
including sands ranging from coarse gravelly stream sands to fine
grained wind deposited dune sands.
2) 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." The Department of Planning Services — Development
Review is maintaining the current Improvements and Road
Maintenance Agreement with triggered off -site improvements, and
road maintenance to address impact to the area roads. Road
maintenance includes, but is not limited to, dust control and damage
repair to specified haul routes. The Improvements and Road
Maintenance Agreement was accepted by the Board of County
Commissioners in 2014.
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, 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." The use is consistent with the intent of the district in which
the site is located. The site is zoned A (Agricultural). The proposed
project is listed as an aggregate mine, permitted in the
A (Agricultural) Zone District, per Chapter 23, Article III, Division 1.
2) Section 23-3-40.R allows for open mining (sand, gravel, stone) and
processing of minerals, subject to the additional requirements of
Chapter 23, Article IV, Division 4, of the Weld County Code through
a Use by Special Review outside of subdivisions and historic
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SPECIAL REVIEW PERMIT (1MJUSR23-14-0005) - TERRY GRAZING ASSOCIATION,
C/O CONNELL RESOURCES, INC.
PAGE 3
townsites. There are no proposed, permanent improvements in the
amendment area. Existing improvements include the portable
processing facility, office/scale house trailer, and mine equipment
maintenance building. Parking will be located next to office and
plant facilities for employees and equipment parking.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The area surrounding the site is
zoned A (Agricultural). With the exception of the Town of Carr, properties
surrounding the proposed Connell Carr Pit site are primarily rural
agricultural, non -irrigated rangeland. The Town of Carr includes
approximately 30 to 40 semi -rural residential home lots, south of the site.
Adjacent and to the west side of the proposed amendment area is the
previously approved Connell Carr Pit (#M2014-001). Southeast is a
permitted L.G. Everist aggregate mining property (#M-1988-048) and the
L.G. Everist and Plains All-American Pipeline railroad load -out yard. The
rural nature of the area and the existing mining operations make the
proposed mining operation and Reclamation Plan compatible with
surrounding land uses.
There are 18 properties and ten (10) property owners within 500 feet of the
mine site. The Neubauer residence is within the notice area. There are 39
residences within one-half (1/2) mile of the mine site. The Weld County
Department of Planning Services sent notice to surrounding property
owners. Planning staff received several telephone calls specific to the
proposed facility, including the permitting of the Hot Mix (Asphalt) plant,
dust from material processing and truck traffic on area roads.
The Noise Modeling Report has been submitted and reviewed. The Weld
County Department of Public Health and Environment, in their referral
dated February 14, 2023, 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 contains a Noise Modeling Report, conducted
by Behrens and Associates, Inc., which indicates the industrial level can be
met 25 feet from property boundary. The report concludes three (3)
scenarios were constructed and modeled to represent three (3) possible
mining configurations at the site. For Scenario 1, the mining operation noise
modeling results indicate the predicted noise levels will be up to 49.0 dBA
at Receptor 1. For Scenario 2, the mining operation noise modeling results
indicate the predicted noise levels will be up to 47.7 dBA at Receptor 4. For
Scenario 3, the mining operation noise modeling results indicate the
predicted noise levels will be up to 47.2 dBA at Receptors 4 and 5.
Adherence to the Noise Modeling Report is required.
Dust abatement will consist of watering roads and not mining when there
are high winds. Water used for dust control will be trucked to the site from
an existing well owned by the applicant. An Air Pollutant Emissions
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Notice (APEN) from the State is required and will address dust control for
mining operations, haul roads, and any sand and gravel processing
equipment.
Storage of waste and chemical and petroleum products within the
amendment area is not proposed. Maintenance of mobile equipment will
not occur within the amendment area and fueling will take place using
mobile fueling trucks.
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 site is not located within the three (3) mile referral area
of any municipality, nor is it located within any existing Intergovernmental
Agreement (IGA) area or Coordinated Planning Agreement (CPA) area of
a municipality.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The amended mine site is not
within the Greeley -Weld County Airport, Geohazard Development Area,
the Special Flood Hazard Area, the Municipal Separate Storm Sewer
Systems (MS4) defined boundary, the Historic Townsites, the Agricultural
Heritage or Disproportionately Impacted Communities Overlay Districts.
The mine amendment area is not located within a Special Flood Hazard
Area (SFHA), as determined by the Federal Emergency Management
Agency (FEMA).The site is shown on FIRM Community Panel Maps,
#08123C -0300E and #08123C -0325E, dated January 20, 2016. These
two (2) panels are "Not Printed" due to the fact there is no Special Flood
Hazard Area identified in this portion of the County, therefore, a Floodplain
Development Permit is not required.
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 property to be mined contains no "Prime" agricultural lands, thus,
no prime farmland will be taken out of production with this proposal. The
subject site is primarily classified as "High Potential Dry Cropland - Prime
if irrigated" and "Other Land," as delineated on the Important Farmlands of
Weld County map. Post mining the land will be reclaimed back to rangeland
for the grazing of livestock and wildlife habitat.
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As stated, the properties contain no 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 surface development.
G. Section 23-2-230.6.7 — This proposal has been reviewed by the
appropriate referral agencies and it has been determined that the attached
Conditions of Approval and Development Standards ensure there are
adequate provisions for the protection of the health, safety and welfare of
the inhabitants of the neighborhood and county and will address and
mitigate impacts on the surrounding area with the operation of this facility.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Terry Grazing Association, do Connell Resources, Inc.,
for a Site Specific Development Plan and First Major Amended Use by Special Review Permit,
1 MJUSR23-14-0005, for Open Mining (sand, gravel and stone), materials processing, an asphalt
batch plant, employee and equipment parking associated with operations, and mine support
infrastructure 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:
Prior to recording the map:
A. The existing Improvements and Road Maintenance Agreement
(Reception No. 4085328) shall be reviewed and revised, as needed, to
accurately reflect the amended site plan and site traffic.
B. The applicant shall acknowledge the recommendations of the State of
Colorado, Division of Water Resources, as stated in the referral response,
dated February 2, 2023. Written evidence of such shall be submitted to the
Weld County Department of Planning Services.
C. The applicant shall acknowledge the recommendations of the Oil and Gas
Energy Department, as stated in the referral response, dated February 3,
2023. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
D. 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.
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E. 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.
F. The applicant shall submit supporting documents, as outlined in
Section 23-4-280, addressing the protection of the health, safety, and
welfare of the inhabitants of the County. Specifically, Section 23-4-280.B,
through, and including, .D of the Weld County Code, to the Department of
Planning Services.
G. The applicant shall submit a Communication Plan for review and
acceptance by the Department of Planning Services.
H. The USR map shall be amended to delineate the following:
1) All sheets of the map shall be labeled 1 MJUSR23-14-0005.
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 23-3-50.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) County Road 126 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
8) County Road 17 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
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SPECIAL REVIEW PERMIT (1MJUSR23-14-0005) - TERRY GRAZING ASSOCIATION,
C/O CONNELL RESOURCES, INC.
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measured from the edge of the right-of-way. This road is maintained
by Weld County.
9) The applicant shall show and label the permitted access location
onto County Road 126, approved access width, and the appropriate
turning radii on the site plan. Include the type of access
(e.g. Commercial).
10) The applicant shall show and label the approved tracking control on
the site plan.
11) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
12) The applicant shall show and label the drainage flow arrows.
13) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
14) The applicant shall show and label all recorded easements and
rights -of -way by book and page number or Reception number and
date.
15) All buildings shall comply with the setback from oil and gas wells,
per Section 23-4-700, as amended.
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 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.
3. In accordance with Appendix 5-J Weld County Code, should the map not be
recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 continuance fee shall be added for each
additional three (3) month period.
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4. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
5. Prior to Operation - Mining:
A. The applicant shall develop an updated 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.
1) The applicant shall submit written evidence that the Financial and
Performance warranty has been submitted and accepted by the
Colorado Division of Reclamation, Mining and Safety.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of July, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditAv ) v XllD41.1
Mik- eman, Chair
Weld County Clerk to the Board
BY: W./ay
eputy Clerk to the Board
APPR. ED A
ounty rney
Date of signature: OcS/a's�2
=err, L. B , k, Pro-Tem
S��•tt
James<_
evin D. Ross
Lori Saine
2023-1960
PL2275
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TERRY GRAZING ASSOCIATION,
C/O CONNELL RESOURCES, INC.
1 MJUSR23-14-0005
1. Site Specific Development Plan and First Major Amended Use by Special Review Permit,
1MJUSR23-14-0005, is for Open Mining (sand, gravel and stone), materials processing,
an asphalt batch plant, employee and equipment parking associated with operations, and
mine support infrastructure 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. The mine shall remain in compliance with the County Open Mining requirements, per
Chapter 23, Article IV, Division 4 of the Weld County Code, as amended, including
Operations policies and Reclamation policies.
4. The mine shall remain in compliance with the approved Division of Reclamation, Mining
and Safety 112c Permit, #M2014-001.
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.
6. All permitted operations shall be conducted during the hours of daylight, except in the case
of a declared emergency disaster by the Board of County Commissioners. When the
permitted operations are occurring at night, they will only occur when material is requested
by cities, counties, or CDOT, for night projects. Operations will be considered "night
operations" when they take place between the hours of one (1) hour after sundown to
one (1) hour before sunrise. Depending on the request of the jurisdiction, night operations
could occur seven (7) days, per week. When the applicant becomes aware of projects that
require night operations, they will email the Weld County Department of Planning Services
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.
7. The number of on -site employees shall be up to five (5), as stated in the application.
8. The parking area for mine equipment, vendors 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. The property owner shall maintain compliance with the accepted Decommissioning Plan.
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12. At the conclusion of the extraction of aggregate resources from the defined mine
boundary, the office, asphalt plant and all associated operations shall be removed from
the property.
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. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
18. The property owner shall comply with all requirements provided in the executed
Improvements and Road Maintenance Agreement.
19. The Improvements and Road Maintenance Agreement for this site may be reviewed on
an annual basis, including a site visit and possible updates.
20. The historical flow patterns and runoff amounts on the site will be maintained.
21. Weld County is not responsible for the maintenance of on -site drainage related features.
22. 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.
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, C.R.S. §30-20-100.5.
24. 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.
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PAGE 3
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. The facility
shall be operated in accordance with the accepted "dust abatement plan", at all times.
26. The operation shall submit an Air Pollution Emission Notice (APEN) and Emissions Permit
Application and obtain permits from the Air Pollution Control Division of the Colorado
Department of Public Health and Environment, as applicable.
27. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone, as delineated in C.R.S. §25-12-103. The facility shall operate in accordance with
the accepted Noise Modeling Report.
28. The operation shall remove, handle, and stockpile overburden, sand, soil, and gravel from
the facility area in a manner that prevents nuisance conditions.
29. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. Portable toilets and bottled water are acceptable.
Records of maintenance and proper disposal for portable toilets shall be retained on a
quarterly basis and available for review by the Weld County Department of Public Health
and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County
and shall contain hand sanitizers and be screened from existing adjacent residential
properties and public rights -of -way.
30. Any On -site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS.
31. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges
in accordance with the rules and regulations of the Colorado Department of Public Health
and Environment (CDPHE), Water Quality Control Division, and the Environmental
Protection Agency.
32. A Colorado Discharge Permit System (CDPS) from the CDPHE, Water Quality Control
Division, shall be obtained, as applicable.
33. The facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations, as applicable.
34. All chemicals must be handled in a safe manner, in accordance with product labeling. All
chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations.
35. The facility shall be operated in a manner to prevent odors. Odors detected offsite shall
not equal or exceed the level of fifteen -to -one dilution threshold, as measured pursuant to
Regulation 2 of the Colorado Air Pollution Control Regulations. Additional controls shall
be implemented at the request of the Weld County Department of Public Health and
Environment in the event odor levels detected offsite of the facility meet or exceed the
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level of fifteen -to -one dilution threshold, or in the judgment of the Weld County Health
Officer, there exists an odor condition requiring abatement.
36. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation, Mining and Safety.
37. The operation shall comply with the Mine Safety and Health Act (MSHA).
38. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
39. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
40. 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.
41. A Building Permit is required for any foundations. An Electrical Permit is required for
equipment on a sand and gravel mining operation.
42. 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.
43. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
44. 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
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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.
45. 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.
46. 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. 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.
47. 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.
2023-1960
PL2275
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