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LAND USE APPLICATION
SUMMARY SHEET
Michael Hall
Case Number: USR20-0020
Owner: Guttersen Ranches, LLC do Mike Guttersen
3050 67th Avenue, Suite 100, Greeley, CO 80634
Applicant: Colorado Sand Company, LLC do David Patterson
2001 Kirby Drive, Suite 360, Houston, TX 77019
Representative: Schedio Group, LLC c/o Timothy McCarthy
808 9th Street, Suite A, Greeley, CO 80631
Hearing Date: October 20, 2020
Request: A Site Specific Development Plan and Use by Special Review Permit for Open Mining
and Processing of Minerals (Sand Mining and Processing Plant) and associated signage
exceeding the Weld County Sign Code standards, outside of subdivisions and historic
townsites, in the A (Agricultural) Zoned District. (Keenesburg No. 2 Mine)
Legal Section 1 & part of Section 12 of T2N, R64W and Sections 5, 6 & 7 of T2N, R63W, of
Description: the 6th P.M., Weld County, CO
Location: East of and adjacent to CR 59; north of and adjacent to CR 22 section line right-of-way
Size of Parcels: +/- 3,028 acres
Mining Area: -F/- 1,712 acres
Parcel Nos. 1305-01-0-00-005
1305-12-1-00-002
1303-06-0-00-001
1303-07-0-00-002
1303-05-0-00-004
The criteria for review of this Special Review Permit is 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:
Kerr McGee Gathering, LLC referral dated September 14, 2020
▪ DCP Midstream Partners, referral dated September 15, 2020
▪ Colorado Parks and Wildlife, referral dated September 15, 2020
▪ Colorado Division of Water Resources, referral dated August 27, 2020
▪ Weld County Department of Public Works, referral dated August 20, 2020
▪ Weld County Department of Building Inspection, referral dated August 24, 2020
▪ Weld County Department of Oil and Gas Energy, referral dated September 9, 2020
▪ Colorado Department of Public Health and Environment, referral dated August 19, 2020
▪ Weld County Department of Public Health and Environment, referral dated September 14, 2020
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
▪ Weld County Sheriff's Office, referral dated August 28, 2020
▪ Weld County Zoning Compliance, referral dated August 21, 2020
▪ Weld County School District RE -3J, referral dated August 25, 2020
▪ Southeast Weld Fire Protection District, referral dated August 20, 2020
USR20-0020 — Colorado Sand Company, LLC
Page 1 of 17
The Department of Planning Services' staff has not received responses from the following agencies:
AAAAAAAAAAA.A,
Century Link
United Power, Inc.
Noble Energy, Inc.
Tallgrass Energy, LP
Town of Keenesburg
Weld County Assessor's Office
Colorado Interstate Gas Company
Southeast Weld Conservation District
Colorado Department of Transportation
United States Army Corps of Engineers
Weld County Office of Emergency Management
Xcel Energy - Public Service Company of Colorado
Colorado Division of Reclamation, Mining and Safety
USR20-0020 — Colorado Sand Company, LLC
Page 2 of 17
Planner:
Michael Hall
Case Number: USR20-0020
Owner:
Applicant:
Representative:
Request:
Legal
Description:
Location:
Size of Parcels:
Mining Area:
Case Summary:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Guttersen Ranches, LLC do Mike Guttersen
3050 67th Avenue, Suite 100, Greeley, CO 80634
Colorado Sand Company, LLC do David Patterson
2001 Kirby Drive, Suite 360, Houston, TX 77019
Schedio Group, LLC c/o Timothy McCarthy
808 91h Street, Suite A, Greeley, CO 80631
Hearing Date: October 20, 2020
A Site Specific Development Plan and Use by Special Review Permit for Open Mining
and Processing of Minerals (Sand Mining and Processing Plant) and associated signage
exceeding the Weld County Sign Code standards, outside of subdivisions and historic
townsites, in the A (Agricultural) Zoned District. (Keenesburg No. 2 Mine)
Section 1 & part of Section 12 of T2N, R64W and Sections 5, 6 & 7 of T2N, R63W, of
the 6th P.M., Weld County, CO
East of and adjacent to CR 59; north of and adjacent to CR 22 section line right-of-way
+/- 3,028 acres
-F/- 1,712 acres
Parcel Nos. 1305-01-0-00-005
1305-12-1-00-002
1303-06-0-00-001
1303-07-0-00-002
1303-05-0-00-004
The applicant, Colorado Sand Company, LLC (CSC) is requesting a Site Specific Development Plan and
Use by Special Review (USR) Permit for a frac sand mining facility and processing plant, to be known as
the Keenesburg No. 2 Mine. CSC is permitted to operate under Colorado Division of Reclamation Mining
Safety permit no. M-2019-058, pending the posting of the financial warranty and performance warranty.
The subject parcels to be mined are currently vacant rangeland containing on -going oil and gas
production facilities and energy infrastructure. The mine pits will be designed to avoid and protect existing
structures on -site including access roads, overhead lines, buried pipelines, and oil and gas facilities.
Structure Agreements are in place with entities whose property interfaces with the mine.
The mine is located on the Guttersen Ranch, located approximately three (3) miles north of the town of
Keenesburg, east of and adjacent to County Road 59, which is privately maintained at this location by
Waste Management Company. An executed access easement and road maintenance agreement has
been obtained for the CSC operation. An Amended Memorandum of Lease has been executed between
the CSC (tenant) and Guttersen Exchange LLC, (landlord), with permission from Guttersen Ranches,
LLC, for a twenty-one (21) year primary term lease with the option to renew. The Ennis Draw runs in a
north -south orientation through the site; no mining will occur within 300 -feet of the feature.
The mine will produce sand to be used in the downhole hydraulic fracturing process as part of oil and gas
development in Weld County and Colorado. Currently, all frac sand used in Colorado wells is brought in
on rail from out of state. The proposed mine is expected to reduce costs to oil and gas operators due to
the market proximity, which decreases transportation costs. Several Temporary Mining Deferral Zones
(TMDZ) are located across the property in which no mining is proposed at this time, such as along the
USR20-0020 — Colorado Sand Company, LLC
Page 3 of 17
Ennis Draw. If further analysis proves there to be viable and recoverable material in the TMDZ, amended
USR and DRMS permit are required in order excavate in these areas.
Construction of the plant is expected to take eight (8) months with approximately one hundred (100)
personnel continuously on -site during this time. Once fully operating, the proposed life of the mine will be
twenty (20) years and will encumber in part five (5) contiguous sections of land containing approximately
3,028 acres, of which approximately 1,712 acres will be mined. Approximately one hundred (100) to one
hundred twenty five (125) acres will be mined per year at a depth of twenty (20) to forty (40) feet below
surface with an average in -pit operating area of twenty (20) to thirty (30) acres, generating approximately
four (4) million tons of product per year. Sequential and concurrent reclamation will occur as the pit
progressively advances towards the south and then north east. The plant, structures and associated
equipment will be located in the northwest portion of the USR boundary, adjacent to County Road 59.
Growth medium, run of mine, in -process and process waste stockpiles will be located proximal to the
plant.
The operation will consist of open cut pit mining and hauling, sand processing plant including washing,
drying, screening, water treatment, conveyors, heavy equipment, on -site fuel storage, offices, quality
control lab, scale house, electric house, repair/maintenance building and a loadout facility. The facility is
proposed to be a dry mine, above the water table. Safety berms will be constructed around the perimeter
of all pit areas. Internal roadways will be designed to efficiently separate and direct employees, visitors
and customer trucks throughout the site. Material will be mined using hydraulic excavators, dozers and
front-end loaders. Articulated dump and haul trucks and the limited use of conveyers will be used to
transport mined materials to the processing plant stockpiles. At the processing plant, feedstock sand will
be washed and separated from other natural material and off -spec sand in the wet plant, decanted on a
wet pile, processed through burners in the dry plant, conveyed to a storage building and then to six (6)
overhead loadout silos where it will be sold and loaded into third -party tractor trailer trucks.
In -pit mining operations will be conducted during daylight hours, year round. The sand processing
operations (wet plant, dry plant and loadout) will be conducted twenty four (24) hours per day, year round.
CSC requests the Board of County Commissioners extend the hours of operation of the processing plant
facility beyond daylight hours to 24/7 operations. Section 23-4-290.B of the Weld County Code, amended
by Ordinance 2019-18, allows the Board of County Commissioners to authorize additional hours of
operation for sand and gravel operations when the Board of County Commissioners deems appropriate.
The design and success of this facility is dependent on continuous plant operation.
A maximum staff of thirty-six (36) persons will be on -site at all times including a plant manager. There will
(two) twelve (12) hour plant shifts, staffed by four (4) rotating crews. A security guard will be present on
site and operation areas will be locked, allowing access to only authorized mine personnel. Access to the
mined areas will be limited and controlled according to Mine Safety and Health Administration (MSHA)
standards. A total of one hundred sixteen (116) parking spaces are located around the site for various
purposes. Approximately four hundred thirty (430) customer trucks will enter and exit the site per twenty
four (24) hour period. Employees, visitors and deliveries will comprise additional nominal trips. A total of
1,044 trips per day is expected. On -site diesel fuel storage is proposed consisting of a 12,000 -gallon
double -walled fuel tank at the fuel station and a portable 1,000 -gallon double -walled fuel tank in the active
pit. Chemicals used in sand washing and water treatment will be stored appropriately in covered
locations; safety data sheets for chemicals were submitted in the application materials.
The facility requires a large water demand of 963 acre-feet per year for potable, sand washing, dust
control and eventual reclamation purposes. Application materials indicate that water will be obtained by
two (2) on -site wells located on the Guttersen Ranch permitted for industrial use (approximately 30% of
plant water demand and 100% of potable water demand) and purchased water, conveyed by a proposed
six (6) inch overland pipeline from the BNN-Tallgrass Wilson Pond, permitted for industrial uses and
export, located off -site, approximately two (2) miles southeast (approximately 70% of plant water
demand). Once water is in the sand washing system, approximately 95% of process water is recycled in -
circuit, with a 50,000 -gallon capacity recycle water tank being part of the schematic. Final water sourcing
is to be determined. Restrooms will be in the scale house, breakroom, quality control lab and office
buildings, connected to proposed on -site wastewater treatment systems. Workers in the mining areas will
utilize bottled water and portable toilets.
USR20-0020 — Colorado Sand Company, LLC
Page 4 of 17
Two (2) freestanding signs are proposed adjacent to and facing County Road 59 and will be located at
the entrance and exit of the one-way plant loop road for site identification and instructional purposes. Both
signs exceed the Weld County Sign Code which allows for a maximum of sixteen (16) square feet. The
signs are thirty two (32) and thirty six (36) square feet respectively. Additionally, there are similarly sized
signs internal to the site to provide directional and safety related information. The Weld County Code only
allows for one (1) sign per lot and a maximum height of six (6) feet. All proposed signs exceed this
requirement and are requested to be approved by the Board of County Commissioners. No additional
landscaping or screening is proposed beyond the use of safety and drainage berming, which will
secondarily reduce visual impacts. Existing barbed wire fencing will remain as needed. This is consistent
with the site characteristics of other industrial facilities located along this privately controlled segment of
County Road 59.
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 [Weld County
Comprehensive Plan] and any other applicable code provisions or ordinance in effect.
Section 22-2-10.D. states: "Extraction of natural resources is an important part of the
economy of the County. Such extraction operations should minimize the impacts to
agricultural lands and agricultural operations."
Weld County recognizes that mineral resource extraction is an essential industry and
supports the regional economy. The availability and reduced cost of local frac sand will
have a positive effect on the successfulness of oil and gas operations in Weld County
and insulates the industry in the event that interstate supply chains are interrupted.
The rangeland associated with the surface estate is underlain with a known viable sand
deposit. Future development of these lands would be precluded until the mineral
resource has been extracted. With the completion of mining, the site will be reclaimed as
rangeland as part of the Guttersen Ranch. No productive agricultural lands or operations
will be impacted by the mine.
Section 22-5-80.B. (CM.Goal 2) states, "Promote the reasonable and orderly
development of mineral resources."
According to the Weld County Sand and Gravel Resources map dated July 1, 1975, the
property is classified as Wind -Deposited Eolian sand dunes that may contain fine-grained
sand aggregates. This area has been previously identified to contain the desired material
and supports the orderly development of mineral resources.
Section 22-5-80.C. (CM.Goal 3) states, "Minimize the impacts of surface and subsurface
mining activities on the surrounding land, land uses, roads and highways."
The proposed mine has the potential to impact the adjacent land uses, roads and
highways. However, the rural nature of the area and existing surrounding industrial uses
make the proposed mining operation and reclamation plan compatible with surrounding
area. The Department of Public Works is requiring an Improvements and Road
Maintenance Agreement for road maintenance and future improvement triggers. The
agreement will detail dust control and damage repair to specified haul routes along
County -maintained County Road 59. Additionally, the haul route uses County and Town
roads for a brief period before dispersing on Interstate -76.
USR20-0020 — Colorado Sand Company, LLC
Page 5of17
Section 22-5-80.D. (CM.Policy 4.1.) states, "Require all mining operations conform to
federal, state and local safety standards."
The Colorado Mined Land Reclamation Board approved the construction materials
regular operation mine 112c application for this proposed mine (file number M-2019-058)
on June 12, 2020. Financial warranty of $4,921,881 has been set for this operation and
must be submitted prior to issuance of the permit and commencement of mining.
Section 22-5-80.E. (CM.Goal 5.) states "Provide for timely reclamation of all mining sites
and promote their beneficial reuse."
Following temporary mining disturbances, reclamation will take place concurrently with
mining activities throughout the life -of -mine, wherein salvageable growth medium will be
pre -stripped in advance of mining, to be replaced atop a previously mined area and
immediately seeded, on an annual basis. Due to the nature of the sand deposit, no
overburden is present in the area. Approximately twelve (12) inches of growth medium
overlies the target sand mineral. Limited backfill may occur using material from the
process waste stockpile. Once the reclamation phase of a pit begins, it shall be
completed within a five (5) period with ongoing maintenance and monitoring. Upon
complete cessation of mining activities, the terminal pit and waste stockpile will be
reclaimed. At that time, all structures and other appurtenant facilities will be concurrently
demolished and/or removed from the site and the respective affected areas reclaimed
accordingly. Post -mining topography of the site aims to reflect that of the pre -mining
topography, except all mined -out areas will be lowered, by as much as twenty-five (25) to
thirty (30) feet on average across the pit areas, generally reflective of the varying vertical
extent of sand resource extracted. Following requisite pit reclamation and re -vegetation,
cattle will be reintroduced to the area.
Section 22-5-80.E.1 (CM.Policy 5.1) of the Weld County Code states: "Consider the
potentially adverse environmental effects of completed mining operations."
The application indicates that the mined area will be reclaimed back to its existing
condition (rangeland) upon completion of mining. No adverse environmental effects are
anticipated. The referral response from the Colorado Parks and Wildlife, dated
September 15, 2020 provides recommendations on how to manage the site with respect
to the environment and animals during mining and reclamation phases.
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." This code
section allows the applicant to apply for a Use by Special Review permit for the subject
mine, which is directly related to natural resource extraction and is more intense than
Uses Allowed by Right.
Section 23-3-40.S. — Uses by special review, of the Weld County Code 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 plant. All the components of the facility will support this request
including select Accessory Uses allowed in the A (Agricultural) Zone District per Section
23-3-30 of the Weld County Code, specifically, offices, structures, signage and outdoor
storage areas. Although not requested in the application materials, the applicant may
also elect to locate up to five (5) cargo containers on each of the five (5) legal parcels
USR20-0020 — Colorado Sand Company, LLC
Page 6 of 17
which comprise this application, subject to obtaining proper permits from the Department
of Building Inspection.
C. Section 23-2-220.A.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, farmland, vacant
land, rural residential uses, industrial uses and ongoing oil and gas activity. The proposed
mine will be located in the southern portion of the Guttersen Ranch and is primarily
bordered by land also owned by the Ranch. The closest residence is approximately 3,800
feet to the southwest from the proposed mine perimeter.
USR-1562 for the Cedar Creek 230 kV Transmission Line bisects the subject parcels in
an east -west orientation; however, is located outside of mine pits. There are also Public
Service Company overhead lines located in the same corridor. The proposed mining area
does not overlap with any other existing USRs. There are other nearby industrial
activities including USR-966 for a landfill (Waste Management - Buffalo Ridge), USR-
1285 for a compost facility (A-1 Organics - Rattler Ridge), USR-1160 for a coal mine and
disposal facility (Coors Energy), USR-987 for an oil and gas production facility (DCP
Midstream), USR-959 for a compressor station, USR-1013 for a 265 -foot
telecommunication tower, MUSR14-0033 for a mineral resource development facility and
crude oil transloading facility and various industrial operations located within the Town of
Keenesburg municipal limits, south of the site.
The Weld County Department of Planning Services sent notice to six (6) surrounding
property owners within 500 feet of the proposed USR boundary. No responses were
received. The applicant has Structure Agreements in varying stages of progress with four
(4) of these six (6) surrounding property owners.
The applicant has indicated that community meetings will be scheduled with surrounding
property owners, especially with those with residential properties to discuss any potential
nuisance conditions that may arise, on an on -going basis.
Due to the similar industrial surrounding land uses and relatively limited adjacent property
ownership, the facility appears to be compatible with the area.
Furthermore, the applicant, Colorado Sand Company, conducted a temporary and limited
frac sand mine and processing operation located on an adjacent parcel of land in the
Southwest Quarter of Section 12, Township 2 North, Range 64 West, owned by
Guttersen Ranches and located east of and adjacent to County Road 59. This parcel is
not within the proposed USR boundary. The pilot project was known as the Keenesburg
No. 1 Mine and occupied approximately ten (10) acres, including the mine pit and
processing plant structures. The pilot project agreement was between the Colorado Sand
Company and the Weld County Departments of Planning Services and Public Works.
The agreement permitted ninety (90) days to actively operate a small-scale sand mine
and plant in order to complete a single "Effective Production Cycle" defined as beginning
at the commencement of drying operations, not including site and material preparation.
Similar to the proposed USR, the pilot plant was permitted to operate twenty-four (24)
hours per day, seven (7) days per week and operated in the same manner as the
proposed USR, albeit a much smaller scale.
The purpose of the pilot was to evaluate the quality and specification of material and the
feasibility for developing a larger, commercially viable operation. The sand product was
tested by numerous oil and gas drillers and received favorable ratings and sound well
productivity according to the applicant. The pilot project, was carried out according to the
terms of the executed Weld County pilot agreement, effective July 12, 2019 and was
accompanied by an approved Colorado DRMS 110c permit, number M-2019-027, issued
July 12, 2019. Other applicable permits were obtained as necessary including a Weld
County Grading Permit GRD19-0033, Access Permit AP19-00232 and building permits,
and Colorado CDPHE Air Permits and Stormwater Discharge Certificate.
USR20-0020 — Colorado Sand Company, LLC
Page 7 of 17
Consistent with the terms of the pilot agreement, the plant was constructed in July and
August of 2019, the Run of Mine material was stockpiled in September and October of
2019. The ninety (90) day operational cycle began in late October of 2019. The applicant
documented days when the plant was in operation. Days when the plant was shutdown
or had mechanical issues were not counted towards the ninety (90) days. Sand was sold
throughout the pilot period. The wet plant was shutdown in late February of 2019 and the
dry plant was shutdown in mid March of 2019. Since that time, the applicant has begun
reclamation of the site. As of October 7, 2020, the pilot site has completed most of the
initial reclamation, with the exception of remaining topsoil to be spread around the site
and one (1) of the steel -framed, canvas -covered sand storage structures will remain per
the property owners request. During the pilot project, no complaints were received by
surrounding property owners and the CSC appeared to act in good -faith by abiding by the
pilot agreement. This recent project demonstrated that sand mining activity in the area
can be a conducted successfully and without notable disturbance to the adjacent
properties.
D. Section 23-2-220.A.4 -- That the uses which would 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 located within the three (3) mile referral radius of the Town of Keenesburg. No
referral response was received from Keenesburg.
The site is located within the Coordinated Planning Agreement (CPA) boundary with the
Town of Keenesburg, effective September 24, 2014. The Keenesburg 2019 Land Use
Plan identifies this area for "Industrial" uses. The proposed USR permit is industrial in
nature does not conflict with the Town's Land Use Plan.
Keenesburg returned signed Notice of Inquiry (NOI) form dated September 10, 2019,
which stated they do not want to annex these parcels at this time.
E. Section 23-2-220.A.5 -- That 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 plant and 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 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 site is designated as "Other Land" per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The proposed USR will not remove any agricultural land
from production. Upon decommissioning of the facility, the remnant mine pit depressions,
pit perimeter diversions and berms, plant facilities, structures and any other disturbed
areas will be reclaimed as necessary and return to rangeland and native prairie lands
with attendant oil and gas activity. The future land use will be for cattle grazing. Water
storage is not part of the Reclamation Plan and there will be no underground mine
openings or slurry walls.
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Page 8 of 17
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
The Colorado Division of Water Resources, Colorado Public Health and Environment,
Weld County Public Health and Environment, Weld County Public Works referrals
provide additional background and advisory information regarding designing and
operating the site to protect with the interests of the County, public and other
governmental agencies. Additionally, the accepted and/or forthcoming Noise Report,
Reclamation Plan, Communication Plan, Lighting Plan, Sign Plan, Landscape and
Screening Plan, Emergency Action Plan, Dust Abatement Plan and Waste Handling Plan
will assit 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.
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. The applicant shall demonstrate a final water supply plan and an explanation of secured
water sources for both potable and non -potable water demand, including for use in the wet
plant per Section 23-4-280 of the Weld County Code. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning
Services)
B. The applicant shall attempt to address the requirements of Kerr McGee Gathering, as stated
in the referral response dated September 14, 2020 regarding the need to consult with Kerr
McGee regarding any pipeline crossings. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (Department of Planning Services)
C. The applicant shall attempt to address the requirements of DCP Midstream Partners, as
stated in the referral response dated September 15, 2020 regarding the need to develop a
plan to address mitigation and prevention measures for energy infrastructure in consultation
with DCP and other operators to ensure safety within the mined area. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
D. The applicant shall address the requirements of Colorado Parks and Wildlife, as stated in the
referral response dated September 15, 2020 regarding the need for proper weed and re -
vegetation management and wildlife friendly pit and reclamation design. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
E. The applicant shall address the requirements of Colorado Division of Water Resources, as
stated in the referral response dated August 27, 2020 regarding demonstrating adequate
water supply for the proposed operation and storm water detention and runoff. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
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Page 9 of 17
F. The applicant shall address the requirements of Weld County Oil and Gas Energy
Department, as stated in the referral response dated September 9, 2020 regarding the need
to coordinate mining operations with oil and gas operators and to identify subsurface
infrastructure prior to mine excavation. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (Department of Planning Services)
G. The applicant shall address the requirements of Colorado Department of Public Health and
Environment, as stated in the referral response dated August 19, 2020 regarding compliance
with a variety of State requirements. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (Department of Planning Services)
H. The applicant shall submit a Communications Plan to the Department of Planning Services
for review and acceptance. The Communications Plan shall address ongoing communication
processes with area property owners. (Department of Planning Services)
I. The applicant shall submit an updated Lighting Plan to the Department of Planning Services
for review and acceptance. The Plan shall include detail on how any building, equipment or
pole -mounted lights will be downcast and shielded. (Department of Planning Services)
J. 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. (Department of Public Works)
K. A final drainage management submittal is required. (Department of Public Works)
L. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR20-0020. (Department of Planning
Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D and Section 23-4-270 of the Weld
County Code. (Department of Planning Services)
4) Show and label the portion of Section 12, Township 2 North, Range 64 West as "Not
a Part", which has been excepted out of the subject parcels to be mined, by deed,
recorded July 16, 2020, reception number 4609484. (Department of Planning
Services)
5) Show and label the boundary of the DRMS permit with a heavy line type. Notate the
acreage included within the DRMS permit boundary. (Department of Planning
Services)
6) Show and label the processing plant, site layout, equipment and fuel tanks. A
detailed drawing of this area shall be provided. (Department of Planning Services)
7) Show and label any outdoor storage area, accessory to the mining operation.
(Department of Planning Services)
8) Show and label any office, buildings and structures, accessory to the mining
operation. (Department of Planning Services)
9) Show and label the Ennis Draw, water wells and water pipelines, oil and gas
production facilities, infrastructure and appurtenances. (Department of Planning
Services)
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10) Show and label any cargo containers and/or areas designated to contain cargo -
containers, if applicable. A maximum of five (5) containers is permitted per parcel.
(Department of Planning Services)
11) 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. (Department of Planning Services)
12) Show and label the location of any buffering, screening, fencing and gates. Include
specification details on the USR map. Refer to Section 23-2-240.A.10. of the Weld
County Code (Department of Planning Services)
13) 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 unless otherwise permitted by this
USR. (Department of Planning Services)
14) 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.
(Department of Planning Services)
15) Show and label any lighting. All lighting shall be downcast and shielded so that light
rays will not shine directly onto adjacent properties. Include specification details on
the USR map. Refer to Section 23-2-250.D. of the Weld County Code. (Department
of Planning Services)
16) 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. (Department of Planning Services)
17) Show and label all recorded easements and rights -of -way on the map by book and
page number or reception number and recording date. (Department of Planning
Services)
18) The section of County Road 59, beginning at approximately 5,160 feet north of the
intersection of County Road 59 and County Road 20 and heading south to County
Road 18, is a paved road and is designated on the Weld County Functional
Classification Map as an arterial road which requires 140 feet of right-of-way at full
buildout. The applicant shall delineate and label on the site map 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. (Department of Public Works)
19) The section of County Road 59 Section Line, beginning at approximately 5,160 feet
north of the intersection of County Road 59 and County Road 20 and heading north,
is shown to have 60 feet of unmaintained section line right-of-way per the Weld
County GIS right-of-way map. The applicant shall delineate the existing right-of-way
on the site plan. Show and label the section line Right -of- Way as "CR 59 Section
Line Right -Of -Way, not County maintained." All setbacks shall be measured from the
edge of right-of-way. (Department of Public Works)
20) Show and label the approved access location onto County Road 59. The applicant
must obtain an access permit in the approved location prior to construction.
(Department of Public Works)
21) Show and label the approved tracking control on the site plan. (Department of Public
Works)
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22) 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.
(Department of Public Works)
23) Show and label the accepted drainage features. If applicable, the stormwater ponds
should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall
include the calculated volume. (Department of Public Works)
24) Show and label the drainage flow arrows. (Department of Public Works)
25) Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
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 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)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
map not be recorded within the required one hundred twenty (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. (Department of Planning Services)
4. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
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. (Department of Public Works)
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. (Department of Planning Services)
B. The applicant shall develop an Emergency Action and Safety Plan with the Weld County
Office of Emergency Management and the Southeast Weld 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. (Department of Planning Services)
C. Accepted construction drawings and construction of the off -site roadway improvements are
required prior to operation. (Department of Public Works)
6. The Use by Special Review is not perfected until the Conditions of Approval are completed and
the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued
on the property, until the Use by Special Review map is ready to be recorded in the office of the
Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Guttersen Ranches, LLC
Colorado Sand Company, LLC
USR20-0020
1. A Site Specific Development Plan and Use by Special Review Permit, USR20-0020 for Open
Mining and Processing of Minerals (Sand Mining and Processing Plant) and associated signage
exceeding the Weld County Sign Code standards, outside of subdivisions and historic townsites,
in the A (Agricultural) Zoned District, known as the Keenesburg No. 2 Mine, subject to the
Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The mine shall remain in compliance with the County Open Mining requirements per Chapter 23,
Article IV, Division 4 of the Weld County Code, as amended, including Operations policies and
Reclamation policies. (Department of Planning Services)
4. The mine shall remain in compliance with the approved Division of Reclamation, Mining and
Safety 112c permit, number M-2019-058. (Department of Planning Services)
5. Future mining in the areas designated as "Temporary Mining Deferral Zones" on the site plan
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. (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. Mining shall be permitted during daylight hours only except in the case of public or private
emergency, or to make necessary repairs to equipment. Plant operations, processing, offices and
repair facilities 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.
(Department of Planning Services)
8. The parking areas for mine equipment, vendors and employees on the site shall be maintained.
(Department of Planning Services)
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. (Department of Planning Services)
10. The operator shall maintain compliance with the accepted Communication Plan. (Department of
Planning Services)
11. The operator shall maintain compliance with the accepted Decommissioning Plan. (Department of
Planning Services)
12. The operator shall maintain compliance with the accepted Lighting Plan, as applicable.
(Department of Planning Services)
13. 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 streets. No colored lights may
be used which may be confused with, or construed as, traffic control devices. (Department of
Planning Services)
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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 of the Fire
District and the Weld County Office of Emergency Management to the Department of Planning
Services. (Department of Planning Services)
15. Should human remains be discovered during mining activities, C.R.S. Part 13 applies and must
be followed. (Department of Planning Services)
16. 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)
17. 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)
18. 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 and the accepted
waste handling plan. (Department of Public Health and Environment)
19. 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)
20. The operation shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain a permit from the Air Pollution Control Division, Colorado Department of
Public Health and Environment, as applicable. (Department of Public Health and Environment)
21. 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 report. (Department of Public Health and Environment)
22. The operation shall remove, handle, and stockpile overburden and sand from the facility in a
manner that prevents nuisance conditions. (Department of Public Health and Environment)
23. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons
of the facility, at all times. Any On -Site Wastewater Treatment System located on the property
must comply with all provisions of the Weld County Code, pertaining to On -Site Wastewater
Treatment Systems. A permanent, adequate water supply shall be provided for drinking and
sanitary purposes. (Department of Public Health and Environment)
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. (Department of Public Health and Environment)
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. (Department of Public Health and Environment)
26. 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)
27. The facility shall comply with all provisions of the State Underground and Above Ground Storage
Tank Regulations. (Department of Public Health and Environment)
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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. (Department of Public Health and Environment)
29. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and
hauled off for proper disposal. Records of installation, maintenance, and proper disposal shall be
retained. (Department of Public Health and Environment)
30. 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)
31. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public
Health and Environment)
32. The facility shall notify the County of any revocation and/or suspension of any State issued
permit. (Department of Public Health and Environment)
33. 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)
34. 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. (Department of Public Works)
35. The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking. (Department of Public Works)
36. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
37. 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. (Department of Public
Works)
38. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
39. The Improvements Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Department of Public Works)
40. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will
not be the responsibility of Weld County. (Department of Public Works)
41. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Public Works)
42. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
43. Building permits shall be required for any new construction (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; 2017 National Electrical Code. (Department of Building Inspection)
44. 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. (Department of Building Inspection)
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45. A complete code analysis prepared by a registered design professional is required and shall be
submitted with All Commercial Building Permit Applications to Weld County. A Floor Plan shall be
submitted showing room dimensions, room uses, along with details showing compliance with
Accessibility requirements and currently adopted building codes. (Department of Building
Inspection)
46. All new Commercial Building Projects require Fire District Notification (letter or email form). Proof
shall be submitted with Commercial Permit applications. Final Fire District Approval is also
required prior to issuing a Certificate of Occupancy. (Department of Building Inspection)
47. 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.
48. 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.
49. 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.
50. 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.
51. 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 an accumulation of agricultural machinery and supplies to
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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, sand burs, 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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September 24, 2020
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
MCCARTHY TIMOTHY
808 9TH STREET
GREELEY, CO 80631
Subject: USR20-0020 - A Site Specific Development Plan and Use by Special Review Permit for Open
Mining and Processing of Minerals (Sand Mining and Processing Plant) in the A (Agricultural) Zoned
District.
On parcel(s) of land described as:
ALL OF SECTIONS 5, 6, AND 7, T2N, R63W, AND SECTION 1, TOGETHER WITH THE N1/2
AND A PORTION OF THE S1/2 OF SECTION 12, T2N, R64W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 20, 2020, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on November 18,
2020 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
If you have any questions concerning this matter, please call.
RespeOfully,
;vc
Michael Hall
Planner
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