HomeMy WebLinkAbout20211101.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR21-0003, FOR OPEN MINING (SAND AND GRAVEL) AND PROCESSING
OF MINERALS OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES (KIEWIT
CARR MINE) IN THE A (AGRICULTURAL) ZONE DISTRICT - STATE OF COLORADO,
STATE BOARD OF LAND COMMISSIONERS, C/O KIEWIT INFRASTRUCTURE
COMPANY
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 28th day of
April, 2021, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of State of Colorado, State Board of Land Commissioners, 1127 North Sherman
Street, Suite 300, Denver, Colorado 80203, c/o Kiewit Infrastructure Company, 160 Inverness
Drive West, Suite 110, Englewood, Colorado 80112, for a Site Specific Development Plan and
Use by Special Review Permit, USR21-0003, for Open Mining (sand and gravel) and processing
of minerals outside of subdivisions and historic townsites (Kiewit Carr Mine) in the A (Agricultural)
Zone District, on the following described real estate, being more particularly described as follows:
Section 36, Township 11 North, Range 67 West of
the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Jared Dains of the
Applegate Group, 1490 West 121st Avenue, Suite 100, Denver, Colorado 80234, 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:
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 22-2-60. B states: "Support responsible energy and mineral
development."Weld County recognizes mineral resource extraction
is both a right and an essential industry that supports the regional
economy. Such extraction operations should minimize the impacts
to agricultural lands and agricultural operations. The proposed mine
CG: PLCMH / TP), PWCmK). £HCLL),
CACKr+n(GC'), APP(, 2021-1101
o8 loco/ & I PL2795
SPECIAL REVIEW PERMIT (USR21-0003) - STATE OF COLORADO, STATE BOARD OF
LAND COMMISSIONERS, C/O KIEWIT INFRASTRUCTURE COMPANY
PAGE 2
will not materially impact agricultural lands or operations, as the
property is not irrigated or cultivated. The existing open rangeland
associated with the surface estate, of the property to be mined, is
underlain with a known viable sand and gravel deposit. According
to the Weld County Sand and Gravel Resources map dated July 1,
1975, the property contains stream -terrace deposits, preserved as
benches flanking present stream courses, in this case, along the
Lone Tree Creek. The resource deposits in this area are classified
as coarse aggregates, with the potential for quality gravel. This area
has also been identified by the applicant to contain the desired
material that will support the construction industry in Northern
Colorado and the region. With the completion of mining, all
processing equipment will be removed, slopes will be graded, the
area will be re -seeded with native grass mix and the site will be
reclaimed as rangeland, thereby restoring the property to historic
use. Additionally, the rural nature of the area, existing, surrounding
rangeland, and industrial uses make the proposed mining operation
and concurrent reclamation plan compatible with surrounding area.
This site will also be operated in mandatory compliance with the
Colorado Division of Mining, Reclamation and Safety (DRMS),
which also ensures responsible mineral development. The
Colorado Mined Land Reclamation Board approved the
Construction Materials Regular Operation Mine 112c application for
this proposed mine (permit number M-2020-029) on September 3,
2020. Financial warranty has been set for this operation and must
be submitted prior to issuance of the DRMS permit and
commencement of mining, in addition to recording the Use by
Special Review (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)
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." This
Code section allows the applicant to apply for a USR permit for the
subject mine, which is directly related to natural resource extraction
and is more intense than Uses Allowed by Right.
2021-1101
PL2795
SPECIAL REVIEW PERMIT (USR21-0003) - STATE OF COLORADO, STATE BOARD OF
LAND COMMISSIONERS, C/O KIEWIT INFRASTRUCTURE COMPANY
PAGE 3
2) Section 23-3-40.S — states: "Open Mining and processing of
minerals, subject to the additional requirements of Article IV,
Division 4, of this Chapter." This Code section allows the applicant
to apply for the open pit mine and processing facility. All the
components of the USR will support this request.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible with
the existing surrounding land uses. The adjacent lands are zoned A (Agricultural)
and consist of rangeland, vacant land, industrial facilities and railroad. The townsite
of Carr is approximately 1.5 miles to the northwest of the mine. The closest
residence is approximately 5,300 feet to the southeast from the proposed mine
perimeter. The proposed mining area does not overlap with any other existing Use
by Special Review permits. USR13-0065, for the Niobrara Crude Terminal Rail
Transloading Facility, is located directly west and south of the site, with the built
portion of this facility located west of the proposed mine. The Weld County
Department of Planning Services sent notice to four (4) surrounding property
owners within 500 feet of the proposed USR boundary. No responses were
received. The applicant has Structure Agreements with three (3) of these four (4)
surrounding property owners.
D. Section 23-2-230.B.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 this Code or master
plans of affected municipalities. This site is not located within the three (3) mile
referral radius of any municipality or County. The site is not located within a
Coordinated Planning Agreement (CPA) boundary.
E. Section 23-2-230.B.5 — The application complies with Articles V and XI of this
Chapter if the proposal is located within an overlay zoning district or a special flood
hazard area, identified by maps officially adopted by the county. The proposed
mine is not located within a regulatory floodplain, Municipal Separate Storm Sewer
System (MS4) area, Greeley -Weld County Airport Overlay District, Geologic
Hazard Overlay District or Historic Townsite Overlay District. Building Permits
issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee, County Facility Fee, and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed use.
The site is located on soils designated as "Farmland of Statewide Importance" and
"Prime Farmland, if Irrigated". However, the property is not irrigated and the
proposed USR will not remove any irrigated or cultivated agricultural land from
production. Following mining, concurrent reclamation of the property will return the
property to the pre -mining condition, being rangeland. The future land use will be
for cattle grazing. Topsoil and overburden from the first cell to be opened will be
stockpiled for use at final reclamation. Topsoil and overburden stripped from the
next active cell will be used to reclaim the previously mined cell. Water storage is
2021-1101
PL2795
SPECIAL REVIEW PERMIT (USR21-0003) - STATE OF COLORADO, STATE BOARD OF
LAND COMMISSIONERS, C/O KIEWIT INFRASTRUCTURE COMPANY
PAGE 4
not part of the Reclamation Plan and there will be no underground mine openings
or slurry walls.
G. Section 23-2-220.A.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 Colorado Division of Water Resources,
Colorado Public Health and Environment, Weld County Department of Public
Health and Environment, Weld County Department of Public Works, Weld County
Oil and Gas Energy Department, Weld County Office of Emergency Management
and West Greeley Conservation District referrals provide additional background
and advisory information regarding designing and operating the site, to protect the
interests of the County, public and other governmental agencies. Additionally, the
accepted Noise Report, Reclamation Plan, Lighting Plan, Sign Plan, Landscape
and Screening Plan, Dust Abatement Plan, Waste Handling Plan and Emergency
Action Plan will assist in mitigating impacts of the facility on the adjacent properties
and ensure compatibility with surrounding land uses and the region.
H. Section 23-4-260 — Additional requirements for open mining have been addressed
through this application and mining -specific Development Standards will ensure
compliance with Section 23-4-290 and Section 23-4-300 of the Weld County Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of State of Colorado, State Board of Land Commissioners,
c/o Kiewit Infrastructure Company, for a Site Specific Development Plan and Use by Special
Review Permit, USR21-0003, for Open Mining (sand and gravel) and processing of minerals
outside of subdivisions and historic townsites (Kiewit Carr Mine) 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. An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location (i.e. County Road 126). This agreement
includes Road maintenance to include, but not be limited to, dust control
and damage repair to specified haul routes, and to include triggered off -site
improvements.
B. The applicant shall submit a recorded copy of any agreement signed by all
of the owners of the property crossed by the access roadways. The access
roadways shall be for ingress, egress, utilities and shall be referenced on
the USR map by the Weld County Clerk and Recorder's Reception number.
C. The map shall be amended to delineate the following:
2021-1101
PL2795
SPECIAL REVIEW PERMIT (USR21-0003) - STATE OF COLORADO, STATE BOARD OF
LAND COMMISSIONERS, C/O KIEWIT INFRASTRUCTURE COMPANY
PAGE 5
1) All sheets of the map shall be labeled USR21-0003.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D and
Section 23-4-270 of the Weld County Code.
4) The applicant shall show and label the boundary of the DRMS
permit with a heavy line type. Notate the acreage included within
the DRMS permit boundary.
5) The applicant shall show and label the anticipated structures,
processing areas, site layout, equipment, fuel tanks and any
temporary construction trailers. A detailed drawing of primary
processing area(s) shall be included.
6) The applicant shall show and label any outdoor storage area,
accessory to the mining operation.
7) The applicant shall show and label the location of the employee and
visitor parking areas and loading zones, including scales. Refer to
Section 23-2-240.A.6 and Chapter 23, Article IV, Division 1 of the
Weld County Code.
8) The applicant shall show and label the location of any
buffering, screening, fencing and gates, including buffering
distances from the Lone Tree Creek and Cultural
Resource Protection Areas. Include specification details on the
USR map. Refer to Section 23-2-240.A.10 of the Weld County
Code.
9) The applicant shall show and label the location of the emergency
and site identification signage. Include specification details on the
USR map. Refer to Section 23-2-240.A.12, Chapter 23, Article IV,
Division 2, and Appendices 23-C, 23-D and 23-E of the Weld
County Code. Signs shall adhere to the Weld County Code unless
otherwise permitted by this USR.
10) The applicant shall show and label the location of the trash
collection areas. Include specification details on the USR map.
Refer to Section 23-2-240.A. 13 of the Weld County Code.
11) The applicant shall show and label any stationary lighting. Portable
lighting locations are not required to be identified. All lighting shall
be downcast and shielded so that light rays will not shine directly
2021-1101
PL2795
SPECIAL REVIEW PERMIT (USR21-0003) - STATE OF COLORADO, STATE BOARD OF
LAND COMMISSIONERS, C/O KIEWIT INFRASTRUCTURE COMPANY
PAGE 6
onto adjacent properties. Include specification details on the USR
map. Refer to Section 23-2-250.D of the Weld County Code.
12) The applicant shall show and label the setback radiuses for existing
oil and gas tank batteries and wellheads, if applicable. Setback
requirements are located in Section 23-3-70.E of the Weld County
Code.
13) The applicant shall show and label all recorded easements and
rights -of -way on the map by book and page number or reception
number and recording date.
14) 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.
15) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii on the site
plan. The applicant must obtain Access Permits in the approved
locations prior to construction.
16) The applicant shall show and label the approved Tracking Control
on the site plan.
17) 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.
18) The applicant shall show and label a 30 -foot minimum access and
utility easement to provide legal access to the parcel on the site
plan.
19) The applicant shall show and label the drainage flow arrows.
20) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2021-1101
PL2795
SPECIAL REVIEW PERMIT (USR21-0003) - STATE OF COLORADO, STATE BOARD OF
LAND COMMISSIONERS, C/O KIEWIT INFRASTRUCTURE COMPANY
PAGE 7
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 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required 120 days from the date
of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall added for each additional three (3) month period.
4. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -
site construction.
B. If more than one (1) acre is to be disturbed, for construction outside of the
gravel mining area, a Weld County Grading Permit will be required.
5. Prior to Operation and Mining:
A. The applicant shall submit written evidence that the Financial and
Performance warranty has been submitted and accepted by the Division of
Reclamation Mining and Safety. The resultant DRMS permit shall be
submitted.
B. The applicant shall develop an Emergency Action and Safety Plan with the
Weld County Office of Emergency Management and the Nunn Fire
Protection 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 Weld County
Department of Planning Services.
C. If applicable, accepted construction drawings and construction of the off -
site roadway improvements are required prior to operation.
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.
2021-1101
PL2795
SPECIAL REVIEW PERMIT (USR21-0003) - STATE OF COLORADO, STATE BOARD OF
LAND COMMISSIONERS, C/O KIEWIT INFRASTRUCTURE COMPANY
PAGE 8
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of April, A.D., 2021.
ATTEST:
Weld County Clerk to the Board
Date of signature: O <o ( l /a
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, COLORADO
Steve Moreno, Chair
2021-1101
PL2795
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
STATE OF COLORADO, STATE BOARD OF LAND COMMISSIONERS,
C/O KIEWIT INFRASTRUCTURE COMPANY
USR21-0003
The Site Specific Development Plan and Use by Special Review Permit, USR21-0003, is
for Open Mining (sand and gravel) and processing of minerals outside of subdivisions and
historic townsites (Kiewit Carr Mine) in the A (Agricultural) Zoned District, known as the
Kiewit Carr Mine, 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. Open Mining and processing of minerals may operate twenty-four (24) hours per day,
without restriction per Board of County Commissioners approval. The facility may operate
seven (7) days per week, year-round.
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, number M-2020-029.
6. Expansion of mining areas shall require an amendment to the Use by Special Review
permit and a Technical Revision to the Division of Reclamation, Mining and Safety 112c
permit.
7. 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.
8. The parking and storage areas for mine equipment, vendors and employees on the site
shall be maintained.
9. The operator shall maintain compliance with the accepted Sign Plan. All signs shall adhere
to Section 23-2-240.A.12, Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D
and 23-E of the Weld County Code.
10. The operator shall maintain compliance with the accepted Decommissioning Plan.
11. The operator shall maintain compliance with the accepted Lighting Plan. Nighttime lighting
shall be oriented 90 degrees to the ground plane.
12. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private
2021-1101
PL2795
DEVELOPMENT STANDARDS (USR21-0003) - STATE OF COLORADO, STATE BOARD OF
LAND COMMISSIONERS, C/O KIEWIT INFRASTRUCTURE COMPANY
PAGE 2
streets. No colored lights may be used which may be confused with, or construed as,
traffic control devices.
13. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan, to the Department of Planning Services, on or before March 15th
of any given year, signed by representatives of the Fire District and the Weld County Office
of Emergency Management.
14. 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.
15. 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.
16. 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, and the accepted Waste Handling Plan.
17. 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.
18. 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.
19. 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.
20. All efforts shall be made to reduce truck traffic noise in the townsite of Carr, to include, but
not be limited to, jake brakes.
21. The operation shall remove, handle, and stockpile overburden, sand, soil, and gravel from
the facility area in a manner that prevents nuisance conditions.
22. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and
patrons of the facility, at all times. A permanent, adequate water supply shall be provided
for drinking and sanitary purposes.
23. Sewage disposal for the facility may be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to the
On -Site Wastewater Treatment System.
2021-1101
PL2795
DEVELOPMENT STANDARDS (USR21-0003) - STATE OF COLORADO, STATE BOARD OF
LAND COMMISSIONERS, C/O KIEWIT INFRASTRUCTURE COMPANY
PAGE 3
24. 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.
25. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges
in accordance with the Rules and Regulations of the Water Quality Control Commission,
and the Environmental Protection Agency.
26. 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.
27. The facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
28. 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.
29. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation, Mining and Safety.
30. The operation shall comply with the Mine Safety and Health Act (MSHA).
31. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
32. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
33. 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.
34. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
35. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
36. 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.
37. The property owner shall comply with all requirements provided in the executed
Improvements and Road Maintenance Agreement.
2021-1101
PL2795
DEVELOPMENT STANDARDS (USR21-0003) - STATE OF COLORADO, STATE BOARD OF
LAND COMMISSIONERS, C/O KIEWIT INFRASTRUCTURE COMPANY
PAGE 4
38. The Improvements/Road Maintenance Agreement for this site may be reviewed on an
annual basis, including a site visit and possible updates.
39. The historical flow patterns and runoff amounts on the site will be maintained.
40. Weld County is not responsible for the maintenance of on -site drainage related features.
41. Building Permits shall be required for any new construction or setup of a manufactured
structure (buildings and/or structures), per Section 29-3-10 of the Weld County Code. A
Building Permit application must be completed and submitted. Buildings and structures
shall conform to the requirements of Chapter 29 of the Weld County Code, and the
adopted codes at the time of permit application. Currently, the following have been
adopted by Weld County: 2018 International Building Codes, 2006 International Energy
Conservation Code, and 2017 National Electrical Code.
42. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
43. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
44. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
45. Chapter 23, Article II, Section 23-2-290.A states: "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."
46. Chapter 23, Article II, Section 23-2-290.B states: "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
2021-1101
PL2795
DEVELOPMENT STANDARDS (USR21-0003) - STATE OF COLORADO, STATE BOARD OF
LAND COMMISSIONERS, C/O KIEWIT INFRASTRUCTURE COMPANY
PAGE 5
the use has been terminated. When either the Department of Planning Services is notified
by the landowner, or when the Department of Planning Services observes that the use
may have been terminated, the Planner shall send certified written notice to the landowner
asking that the landowner request to vacate the Use by Special Review Permit."
47. Chapter 23, Article II, Section 23-2-290.D states: "In such cases where the Use by Special
Review has terminated but the landowner does not agree to request to vacate the Use by
Special Review Permit, a hearing shall be scheduled with the Board of County
Commissioners to provide the landowner an opportunity to request that the Use by Special
Review Permit not be vacated, for good cause shown. The landowner shall be notified at
least ten (10) days prior to the hearing. If the Board of County Commissioners determines
that the Use by Special Review has terminated and no good cause has been shown for
continuing the permit, then the termination becomes final and the Use by Special Review
Permit is vacated."
48. 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.
49. 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.
2021-1101
PL2795
Hello