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Case Number:
Applicant:
LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle
USR23-0018
Korwell Land Holdings LLC
c/o Craig Rasmuson, 12535 County Road 2, Brighton, Colorado 80603
Hearing Date: September 5, 2023
Representative: Baseline Engineering
c/o Will Charles, 112 N. Rubey Drive, Golden, Colorado 80403
Request:
Legal
Description:
Location:
Size of Parcel:
Mined Area:
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
SW4 of Section 25, Township 4 North, Range 66 West of the 6th P.M., Weld County,
Colorado
North of and adjacent to County Road 40, east of and adjacent to County Road 35
± 162 acres
± 132 acres
Parcel No. 1057-25-0-00-016
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
▪ State of Colorado Division of Water Resources, referral dated June 21, 2023
▪ Weld County Oil, Gas and Energy Department, referral dated June 22, 2023
▪ Weld County Department of Planning Services - Development Review, referral dated June 29, 2023
▪ Weld County Department of Public Health and Environment, referral dated July 13, 2023
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
▪ City of Evans, referral dated June 15, 2023
▪ Weld County Sheriff's Office, referral dated June 15, 2023
▪ State of Colorado Parks and Wildlife, referral dated June 21, 2023
▪ Central Weld County Water District, referral dated July 7, 2023
▪ State of Colorado Department of Transportation, dated July 11, 2023
The Department of Planning Services' staff has not received responses from the following agencies:
▪ Town of Gilcrest
▪ PDC Energy, Inc.
▪ Weld County Schools RE -1
USR23-0018 — Korwell
Page 1
▪ Chevron/Noble Energy Inc.
▪ LaSalle Fire Protection District
▪ State of Colorado Department of Reclamation Mining and Safety
Case Summary:
Korwell Land Holdings LLC. is requesting a Use by Special Review permit for Open Mining (topsoil) and
employee and equipment parking associated with operations. The mine is to be known as Korwell Dirt.
Outside of the center irrigation pivot and oil and gas operations, there are no other structures, conveyors
or processing equipment will be constructed.
Korwell is proposing to mine the upper 50 to 80 percent of topsoil from the irrigated portion of existing
agricultural land in order to provide topsoil for reclamation of third -party development sites. The topsoil
on Site has been measured between 14-18 inches in depth. The operator will extract approximately 12-14
inches of topsoil, leaving at least 3-6 inches on Site for reclamation purposes. The goal to remove a total
of 372,679 tons of topsoil will occur in four phases over the course of four to six years.
The topsoil will be dry mined and will not result in the need for any dewatering. Mining will be done with
a variety of earth -moving equipment, including dozers, loaders, and scrapers. Watering trucks will be
employed as needed to mitigate wind erosion of the exposed soil. Topsoil is to be mined for immediate
sale. Stockpiling and stabilization of topsoil will not be required; the extracted topsoil will be removed
from the site and sold to a third -party. During this process, the topsoil will be handled as little as
possible to maintain soil health and fertility
Mining will be completed in four main phases, one for each quarter -section of the property. The first
phase will be the northeast quarter and future phases will proceed in a counterclockwise sequence. The
overall time anticipated to complete all mining is 4 to 6 years, with each phase estimated to be
completed in 12 to 18 months.
Noise will be restricted to the level allowed in the industrial zone district. The application did contain a noise
report conducted by Baseline Engineering that indicated: "tractors, combines and harvesters have very
similar noise levels to the scrapers and loaders that will be utilized. Additionally, the miner intends to mine
soil approximately 1-1.5 feet deep which should reduce the noise impact from using the equipment further.
The mining area is also positioned approximately 80' from the western property line, which is closest to
neighboring residences, to reduce any potential noise. The miner intends to keep equipment well
maintained and install mufflers, when necessary, as well as reasonable hours of operation to reduce noise
impacts to surrounding property owners.
The Reclamation plan will address re -contouring, reseeding, noxious weed treatment, stormwater
mitigation, monitoring, 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.
During full mining operations, there will be up to three (3) full time employees on location during daylight
hours. In addition to persons working at the site, the primary source of additional visits will be the truck
drivers receiving loads for delivery to off -site locations. The third -party haulers using dump trucks are
expected throughout the life of the mine.
The Korwell Dirt operation is estimated to generate up to 30 trips (15 Round Trips Daily), per day, up to five
(5) days per week. The facility is not open to the general public.
There are two (2) active Noble Energy Inc., wells on site and two (2) plugged and abandoned wells. PDC
Energy, Inc. has three (3) active wells on the property. Based on Colorado Energy and Carbon
Management Commission (ECMC), formerly the Colorado Oil & Gas Conservation Commission data there
are existing off location flowlines, pipelines and additional oil and gas related infrastructure that may be
USR23-0018 — Nix Mine
Page 2
present associated with the parcel. There is not a recorded SUA as all oil and gas appurtenances are
located in the dry corners of the property, outside the mining area.
Stormwater will be diverted into the mining cells or allowed to flow through the site using historical channels
in undisturbed portions of the site. No additional stormwater detention facilities are proposed. All stormwater
runoff intercepted by this operation must infiltrate into the ground or be released to the stream system within
seventy-two (72) hours, otherwise the operator will need to make replacements for evaporation from the
surface area of the intercepted stormwater.
The proposed mine is not located within the Weld County Opportunity Zone as defined in Chapter 22,
Comprehensive Plan and is designated under the Development Classification as "Urban -Non -Urban Mix"
for the entire site.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
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 fourteen inches. The topsoil on site 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.
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 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, 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 a production well head sites.
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 impact to the area roads, the Department of Planning Services — Development
Review is requesting the specific haul route to be outlined in the Conditions of Approval and
USR23-0018 — Korwell
Page 3
Development Standards. The Improvements Agreement 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 Agreement and Road Maintenance Agreement is a
Condition of Approval to be accepted by the Board of County Commissioners prior to recording
the USR map.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Section 23-3-10. — Intent, of the Weld County Code states, "Agriculture in the County is considered
a valuable resource which must be protected from adverse impacts resulting from uncontrolled and
undirected business, industrial and residential land uses. The A (Agricultural) Zone District is
established to maintain and promote agriculture as an essential feature of the County. The A
(Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and
activities related to agriculture and agricultural production, and for areas for natural resource
extraction and energy development, without the interference of other, incompatible land uses."
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 this Use by Special Review permit application, and
in the Weld County Code.
Weld County Code, Chapter 23, Article III, Division 1, Section 23-3-10, states in part "The A
(Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and
activities related to agriculture and agricultural production, and for areas for natural resource
extraction and energy development, without the interference of other, incompatible land uses."
Chapter 23, Article III, 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 are mobile mining equipment parking
and storage, and employee parking.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
Zoning in the area surrounding the site is (A) Agricultural. There are four (4) residences within the
vicinity and five hundred 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 to the active mined area. All other residences are located seven hundred fort -five feet or
greater in distance for the active mine site. The mine site is planted in corn and the staging area
is located on approximately twenty (20) acres in the northwest quadrant of the property
near the PDC oil and gas encumbrances and more than fifteen hundred feet to the
nearest residence.
In addition to agricultural uses, there is oil and gas development and rural residential uses near the
site.
There are multiple special use permits within one (1) mile, including the 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 eight hundred 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 & USR12-0006) and one greater than 10 -inch HP natural gas pipeline (USR-958).
The DCP Mewbourn Gas Plant (5MJUSR17-98-542), a natural gas pump station (1MUSR18-12-
USR23-0018 — Korwell
Page 4
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 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 Plan and Dust Abatement Plan have been submitted, reviewed and
accepted.
The Development Standards and Conditions of Approval will assist in mitigating the impacts of the
facility on the adjacent properties and ensure compatibility with surrounding land uses and the
region.
D. Section 23-2-220.A.4 -- 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 miles from the City of Evans and Town of Gilcrest.
The City of Evans returned the Notice of Inquiry dated August 23, 2022 that states "The proposed
project is outside the City of Evan's Future Land Use boundary." The City of Evans 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 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld
County Code.
The property is not within the Greeley -Weld County Airport, 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 Program, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
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 a production well head sites.
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-
2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that
USR23-0018 — Korwell
Page 5
there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of
the neighborhood and County.
This proposal has been reviewed by the appropriate referral agencies and it has been determined
that the attached conditions of approval and development standards ensure that there are adequate
provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood
and county and will address and mitigate impacts on the surrounding area with the operation of this
facility.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. 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.
(Development Review)
B. An acceptable Final Traffic Study, stamped and signed by a professional engineer licensed in
the State of Colorado, shall be submitted. (Development Review)
C. The applicant shall acknowledge the requirements of Weld County Oil, Gas and Energy
Department, referral dated June 22, 2023, as stated in the referral response dated June 22, 2023.
Written evidence of such shall be submitted to the Weld County Department of Planning Services.
(Department of Planning Services)
D. The applicant shall address the concerns of the Colorado Division of Water Resources as stated
in their referral 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. (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. (Department of Planning Services)
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. (Department of Planning Services)
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,
Section 23 -4 -280.B -D of the Weld County Code. (Department of Planning Services)
H. The USR map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR23-0018 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
USR23-0018 — Korwell
Page 6
4. The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H of the
Weld County Code addresses the issue of trash collection areas. (Department of Planning
Services)
5. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 of
the Weld County Code. (Department of Planning Services)
6. The map shall delineate the parking area for the mine vehicles, mine equipment, vendors, and
employees. (Department of Planning Services)
7. Show the accepted Screening Plan addressing visual mitigation. (Department of Planning
Services)
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 on the site map or plat the future and existing right -of- way
(along with the documents creating the existing right-of-way) and the physical location of the
road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by
Weld County. (Development Review)
9. 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 on the site map or plat the future and existing right-of-way
(along with the documents creating the existing right-of-way) and the physical location of the
road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by
Weld County. (Development Review)
10. Show and label the existing permitted accesses and the proposed access onto CR 35 and onto
CR 40. For the proposed access, specify the approved access width, and the appropriate
turning radii on the site plan. (Development Review)
11. Show and label the drainage flow arrows. (Development Review)
12. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Development Review)
13. Show and label all recorded easements and rights -of -way by book and page number or
reception number and date. (Department of Planning Services)
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. (Department of
Planning Services)
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 one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
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,
USR23-0018 — Korwell
Page 7
a $50.00 recording continuance fee shall be added for each additional three (3) month period.
(Department of Planning Services)
2. Prior to Construction:
A. If more than 1 acre is to be disturbed for construction of non -gravel pit items such as structures,
parking lots, laydown yards et cetera a Weld County grading permit will be required prior to the
start of construction. (Department of Planning Services - Development Review)
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. (Department of Planning Services)
B. The applicant shall submit written evidence that the Financial and Performance warranty has been
submitted and accepted by the Division of Mining Reclamation and Safety. (Department of Planning
Services)
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. (Department
of Planning Services)
USR23-0018 — Korwell
Page 8
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Korwell Land Holdings LLC
USR23-001 8
1. 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, subject to the Development Standards stated
hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. 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 hour after sundown to one hour before sunrise. Depending on the request of the jurisdiction, night
operations could occur seven days per week. When the operator becomes aware of projects that
require night operations, they will email the Weld County Planning Director 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. (Department of Planning Services)
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. (Department of Planning Services)
5. The mine shall remain in compliance with the approved Division of Reclamation, Mining,and Safety
112c Permit number M2022-034. (Department of Planning Services)
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. (Department of Planning
Services)
7. The number of on -site employees shall be up to three (3) as stated in the application materials.
(Department of Planning Services)
8. The parking area for mine equipment and employees on the site shall be maintained. (Department of
Planning Services)
9. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. (Department of
Planning Services)
10. The property owner or operator shall maintain compliance with the accepted Communications Plan.
(Department of Planning Services)
11. Lighting shall be maintained in accordance with the approved Lighting Plan (Department of Planning
Services)
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 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. (Department of Planning Services)
USR23-0018 — Korwell
Page 9
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. (Department of Planning Services)
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.
(Department of Planning Services)
15. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
16. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Development Review)
17. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement. (Development Review)
18. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
19. The property owner shall comply with all requirements provided in the executed Improvements
Agreement. (Development Review)
20. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit
and possible updates. (Development Review)
21. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface
and groundwater contamination. (Department of Public Health and Environment)
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, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
23. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
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.
(Department of Public Health and Environment)
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, Colorado Department of Public
Health and Environment, as applicable. (Department of Public Health and Environment)
26. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S. The facility shall operate in accordance with the accepted noise
evaluation report. (Department of Public Health and Environment)
27. The operation shall remove, handle, and stockpile overburden, sand, soil, and gravel from the facility
area in a manner that prevents nuisance conditions. (Department of Public Health and Environment)
USR23-0018 — Korwell
Page 10
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. (Department of Public Health
and Environment)
29. If applicable, the operation shall obtain a stormwater or other discharge permits from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Department of Public
Health and Environment)
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.
(Department of Public Health and Environment)
31. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Reclamation Mining and Safety. (Department of Public Health and Environment)
32. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public Health
and Environment)
33. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
34. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment)
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 has been adopted by Weld County: 2018 International Building
Codes, 2018 International Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld
County Code. A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required or an Open Hole Inspection. A building permit must be issued prior to the
start of construction. (Department of Building Inspection)
36. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County
Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs. (Department of
Planning Services)
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. (Department of Planning Services)
38. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended.
(Department of Planning Services)
39. Necessary personnel from the Weld County Departments of Planning Services, Development Review,
and Public Health and Environment shall be granted access onto the property at any reasonable time
in order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
40. The property owner or operator shall be responsible for complying with all of the foregoing Development
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Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners. (Department of Planning Services)
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. (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
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 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 person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover, these resources are
protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource.
45. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town. Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion,
and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
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an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
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August 8, 2023
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: kogle@weld.gov
Phone: (970) 400-3549
Fax: (970) 304-6498
CHARLES WILL
112 N Rubey Dr, Suite 210,
GOLDEN, CO 80403
Subject: USR23-0018 - Site Specific Development Plan and Use by Special Review Permit 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 parcel(s) of land described as:
SW4 SECTION 25, T4N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on September 5, 2023 at
1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on September
27, 2023 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://accela-
aca.co.weld.co.us/CitizenAccess
Respect f l ly,
Kim O
Planner
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