HomeMy WebLinkAbout20201835.tiffPlanner:
Case Number:
Applicant:
Representative:
Request:
LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle Hearing Date: May 19, 2020
USR20-0008
Coulson Excavating Company, Inc. 3609 N. County Road 13, Loveland, CO 80538
Croissant Family Farm, LLC, 49316 County Road 83, Briggsdale, CO 80611
Peter Wayland, Weiland Inc., P.O. Box 18087, Boulder, Colorado 80308
Site Specific Development Plan and a Special Review Permit, USR20-0008, for open
mining (sand, gravel and stone) and processing of minerals, with ancillary operations
and equipment including a Hot Mix Asphalt (HMA) Batch Plant, the exporting of
aggregates, Hot Mix Asphalt and Recycled Asphalt, mine office with scale house and
scale, a fueling/lubricating station, portable generators, mobile mining equipment parking
and storage, and employee and vendor parking outside of subdivisions and historic
townsites, in the A (Agricultural) Zone District
Legal Lot A Record Exemption RE -1347 being a part of the SE4 and part of the SW4 of Section
Description: 19, Township 5 North, Range 67 West of the 6th P.M., Weld County Colorado
Location: North of and adjacent County Road 54, Freedom Parkway; east of and adjacent to
County Road 13
Size of Parcel:
Mined Area:
± 182 acres
± 159 acres
Parcel No's. 0957-19-4-00-002
0957-19-3-00-061
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:
State of Colorado, Division of Water Resources, referral dated March 30, 2020
▪ Little Thompson Water District, referral dated March 31, 2020
▪ Weld County Planning — Floodplain Administrator, referral dated March 31, 2020
Y Weld County Department of Public Works, referral dated April 7, 2020
Y Sinclair Transportation Company, LLC, referral dated April 16, 2020
Y Front Range Rescue Fire, referral dated April 17, 2020
Y State of Colorado Parks and Wildlife, referral dated April 20, 2020
Y Weld County Department of Public Health and Environment, referral dated April 23, 2020
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Weld County Zoning Compliance, referral dated March 27, 2020
Y Weld County Sheriff's Office, referral date March 30, 3020
Y Town of Windsor, referral dated March 30, 2020
Y CenturyLink, referral dated March 31, 2020
Y City of Greeley referral dated April 2, 2020
USR20-0008 — Amen Aggregate Resources
Page 1
The Department of Planning Services' staff has not received responses from the following agencies:
V V V V V V V V V V V V V V \7
Town of Milliken
History Colorado
Town of Johnstown
Poudre Valley REA
DCP Midstream, LP
Weld Schools RE -5J
Larimer County Planning
Public Service of Colorado
Hill and Brush Ditch Company
Big Thompson Conservation District
United States Army, Corps of Engineers
Weld County Office of Emergency Management
Anadarko - Occidental Corp. - Western Midstream, Inc.
State of Colorado Division of Reclamation Mining Safety
State of Colorado Oil and Gas Conservation Commission
USR20-0008 — Amen Aggregate Resources
Page 2
Planner:
Case Number:
Applicant:
Representative:
Request:
Legal
Description:
Location:
Size of Parcel:
Mined Area:
Case Summary:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Kim Ogle Hearing Date: May 19, 2020
U S R20-0008
Coulson Excavating Company, Inc. 3609 N. County Road 13, Loveland, CO 80538
Croissant Family Farm, LLC, 49316 County Road 83, Briggsdale, CO 80611
Peter Wayland, Weiland Inc., P.O. Box 18087, Boulder, CO 80308
Site Specific Development Plan and a Special Review Permit, USR20-0008, for open
mining (sand, gravel and stone) and processing of minerals, with ancillary operations
and equipment including a Hot Mix Asphalt (HMA) Batch Plant, the exporting of
aggregates, Hot Mix Asphalt and Recycled Asphalt, mine office with scale house and
scale, a fueling/lubricating station, portable generators, mobile mining equipment parking
and storage, and employee and vendor parking outside of subdivisions and historic
townsites, in the A (Agricultural) Zone District
Lot A Record Exemption RE -1347 being a part of the SE4 and part of the SW4 of Section
19, Township 5 North, Range 67 West of the 6'" P.M., Weld County Colorado
North of and adjacent County Road 54, Freedom Parkway; east of and adjacent to
County Road 13
± 182 acres
± 159 acres
Parcel No's. 0957-19-4-00-002
0957-19-3-00-061
Amen Aggregate Resource, which will be operated under Colorado Division of Reclamation Mining Safety permit
no. M2019-025 is working to permit and develop sand and gravel mining operations in Weld County. This site,
known as the Amen Pit, will mine pit run material that will be hauled or conveyed to the on -site processing plant
near the intersection of County Road 13 and County Road 54 where raw material and product stockpiles will
be located. The Hot Mix Asphalt (HMA) Plant is located nearest to the intersection with the Aggregate Processing
Plant located to the northeast of both the HMA and the intersection. All processing and production activities are
surrounded by a ten (10) foot in height earth screening berm fronting both County Roads. The mine operation
may include dry and wet screens, crushers, electrical/control trailers with line power and/or generator power,
conveyors, and stacking facilities at various times during the mining activities. All aggregate will be mined with an
excavator, dozer, and/or loader with the raw product being conveyed to the processing facility via haul trucks
and/or conveyors. A scale and scale operator trailer are located at the entrance to the mine. No lighting is
anticipated to be used for this processing facility unless there is a declared emergency disaster or in case of a
declaration requiring night construction.
During full mining and processing operations, approximately thirteen (13) employees, one (1) scale house
operator and twelve (12) on -site employees will be on -site during daylight hours, Monday through Saturday. The
aggregate mine operation will be conducted as a dry pit.
The property boundary for the two parcels is approximately 182 acres, with 159 acres defined for mining activities.
The approximate area to be mined is 159 acres that will be mined and reclaimed. The mine will progress in six
(6) phases or by Mining Cell. The mining cells range in size from approximately 13.6 acres to 21 acres in area
USR20-0008 — Amen Aggregate Resources
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and will proceed in numerical order with the last cell to be mined being the plant production and processing area.
The projected annual production of 750,000 tons per year depending on market demands. This production rate
translates to an approximately 10.5 year life -of -mine, depending on market demand. Reclamation will progress
concurrently with the mining activity as each phase is completed.
The final depth of the mining will vary from 20-25 feet below the natural grade. Overburden thickness ranges
from 0 to 9 feet throughout the site and will be stockpiled separately to be used in reclamation. Mining and
reclamation activities will result in lined water storage reservoirs and rural residential development.
The proposed mine is located within the Weld County and Towns of Johnstown, Milliken and Windsor's
Coordinated Planning Agreement Area. An undated signed Notice of Inquiry from Milliken was returned indicating
that the Town was not interested in pursuing annexation or a pre -annexation agreement with the property owner
at this time. A Notice of Inquiry was not returned from the Town of Johnstown, however, the applicant and miner
met with the Johnstown town planner and indicated they were not interested in annexation at this time. Johnstown
indicated they would be sending the Notice of Inquiry to the County directly, which was not received. The Town
of Windsor did not return the Notice of Inquiry.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED
FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld
County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with
Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code
provisions or ordinance in effect.
Section 22-2-10.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."
The County recognizes that mineral resource extraction is an essential industry. The availability and
cost of materials such as sand and gravel, have an effect on the successfulness of general construction
and County road and regional highway construction industries. The grazing lands associated with the
surface estate is underlain with a known viable aggregate deposit. With the completion of mining, the
site will be reclaimed as water storage reservoirs.
Section 22-5-80.B. CM.Goal 2 states "CM.Goal 2. Promote the reasonable and orderly exploration and
development of mineral resources."
Commercial mineral deposits known to be located in the County include sand and gravel, coal and
uranium. High -quality sand and gravel deposits in the County are found along major drainage ways.
This site is located adjacent to the Big Thompson River corridor. The area is classified as Floodplain
and Valley -fill deposits being water deposited gravel, sand silt and clay along present stream courses
and consists of sands ranging from coarse gravelly stream sands to fine grained wind deposits. The
project site is also adjacent and within Stream -terrace deposits consisting of older stream deposits
preserved as a bench flanking the present Big Thompson river course and consists of gravels, relatively
clean and sound and includes unevaluated aggregates per the Weld County Sand Gravel Resources
map of 1974.
Section 22-5-80.C CM.Goal 3 states "CM.Goal 3. Minimize the impacts of surface and subsurface mining
activities on the surrounding land, land uses, roads and highways."
The proposed mine may adversely impact the adjacent land uses, roads and possibly highways. The
rural nature of the area and the existing mining operations make the proposed mining operation and
USR20-0008 — Amen Aggregate Resources
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reclamation plan compatible with surrounding land uses. Lands south of County Road 54 and adjacent
to the Big Thompson River corridor have several open mining (sand, gravel and stone) and processing
of minerals, including recycle operations for concrete and concrete batch plants, permitted under Weld
County land use permit numbers AMUSR-1329 (Loveland Ready Mix, Inc. -Johnstown Ready Mix, Inc.)
and AmUSR-672 (Coulson Excavating Inc.) and to the west is a sand and gravel mine currently operated
by Loveland Ready Mix, Inc. under a Larimer County Use by Special Review Permit. Many if not all of
these permitted facilities are located near or within the Big Thompson River Floodplain. To address
impact to the area roads, the Weld County Department of Public Works and the Larimer County Roads
are requiring a Road Maintenance Agreement with up -front improvements required for the proposed
mine site, including the haul route from the mine entrance as a Condition of Approval to be accepted
by the Board of County Commissioners prior to recording the USR map.
Section 22-5-70.D CM.Goal 4 states "Minimize hazardous conditions related to mining activities and the
mining site."
The proposed permit area is located east of and adjacent to County Road 13 and north of and adjacent
to County Road 54, Freedom Parkway, and near the Big Thompson floodplain. Aggregate materials
within the proposed permit area are composed of stream and terrace deposits associated with the historic
river corridor drainage system. The terrace deposits within the proposed permit area extend from the
surface or near -surface to a variable depth of approximately twenty-five (25) feet throughout the site. The
aggregate material will be recovered using equipment typical for sand and gravel mining operations. Earth
moving equipment may include, but are not limited to dozers, loaders, scrapers, and excavators. The
aggregate material from the pit will be temporarily stockpiled within the pit or transported directly to the
processing facility. During mining and reclamation activities, watering trucks for dust control will be used
as needed. Since the material is unconsolidated deposits, no explosives or blasting is required.
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 from the proposed Amen Pit, reclamation will take place
concurrently with mining activities. The current land use on the Amen Pit property is for the grazing of
cattle. The use of this land will change to water storage reservoirs and rural residential development and
retain lands east of the Hill and Brush irrigation ditch for agriculture. Most of the land surrounding the
proposed permit area has similar uses of river corridor, gravel mining and batch plants and limited rural
residential development. With the river corridor being undeveloped land in the surrounding area,
maintaining this land as a river corridor is of vital importance in helping preserve those qualities that make
a river or stream suitable as a habitat for wildlife, a site for recreation, and a source for other water uses.
These corridors also allow the free movement of wildlife from area to area within the region, help control
erosion and river sedimentation, and help absorb floodwaters consistent with the more regional land uses
and for the continuation of agricultural operations.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District.
Section 23-3-40.S of the Weld County Code provides for a Site Specific Development Plan and a Special
Review Permit for open mining (sand, gravel and stone) and processing of minerals, with ancillary
operations and equipment including a Hot Mix Asphalt (H MA) Batch Plant, the exporting of aggregates,
Hot Mix Asphalt and Recycled Asphalt, mine office with scale house and scale, a fueling/lubricating
station, portable generators, mobile mining equipment parking and storage, and employee and vendor
parking outside of subdivisions and historic townsites, in the A (Agricultural) Zone District.
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 in Weld County consist of agricultural uses, mining, concrete batch plant and concrete
recycle operations, the river corridor, rural residences and in Larimer County a gravel mine and confined
animal feeding operation and rural residential development patterns. There are several residences in the
USR20-0008 — Amen Aggregate Resources
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near vicinity to the proposed aggregate mine site. The closest residence outside of the DRMS permit
boundary is residence #1 about 65 -feet north of the property line and 271 -feet from the mining activity
associated with future mining cell 5; residence #2 is 215 feet west of the mine site and 325 -feet from the
plant processing area and future mining cell #6 and is surrounded by the Loveland Ready Mix aggregate
mine located in Larimer County; residence #3 is the Croissant Family Farm residence located 55 -feet
from the permit boundary/property line and 700 -feet to the mining activity associated with mining cell 1;
residence #4 is located 260 -feet to the permit boundary and 725 -feet to the future mining area of cell 1
and is within the Lakota Lakes Ranch PUD; residence #5 is located 575 feet to the permit boundary and
1750 feet to the mining activity associated with cell 1.
There are multiple USRs within one mile of the site. As previously stated, there two (2) land use permits
for mining operations located south of County Road 54; there are also three 3 residential developments,
Lakota Lakes Ranch PUD is southeast of the intersection of County Road 15 and County Road 54,
adjacent to this development is Heritage Crossing PUD formerly permitted as Challenger Ranch PUD
and Heron Rookery, the third residential development is one half mile west of County Road 15 on County
Road 52 and is known as the 5225 Estates PUD. There are other uses in the area including oil and gas
production facilities, the Big Thompson river corridor and associated floodplain, active irrigation ditches,
rural residential development patterns, and to the north near County Road 15 and County Road 56 is the
Coyote Ridge PUD. There are also multiple USRs, including for a single family USR-818, parking and
staging area for a trucking and construction business, along with transloading of fly -ash USR15-0040;
construction business, maintenance shop and outdoor storage USR15-0075; Martin Marietta Asphalt and
Concrete Batch Plants and internal loop rail spur, exempt from land use permits; Conference center,
executive retreat and wedding venue, USR15-0028; Agritainment facility, USR14-0033; Concrete
construction company and outdoor equipment storage, USR16-0010; Three (3) AM radio towers up to
249 -feet in height, USR-871 and the Trailblazer Oil and Gas Company Inc., Natural Gas Processing Plant,
USR-585.
Colorado Parks and Wildlife returned a referral response dated April 20, 2020 with several
recommendations specific to aquatic habitat recovery and conservation waters; potential raptor nests;
bald eagle concentration areas, tree replacement due to los of trees during mining, noxious weeds,
wildlife escape ramps out of the mine pit area and post reclamation plans fort the water storage vessels
and the benefit of irregularity in shorelines for wildlife habitat.
Weld County Department of Public Health and Environment in their referral dated April 23, 2020, indicated
that noise associated with this facility is restricted to the level allowed in the industrial zone district. The
sound engineer's analysis indicates the industrial limit can be met 25 feet off the property line and the
residential limit can be met at adjacent residences as long as the following noise mitigation requirements
are complied with as stipulated in the noise analysis. Further stating "provided that all following
recommendations and conditions are followed, noise from the construction and operation of the proposed
Project is predicted to be in compliance with CRS §25-12 limits."
The Weld County Department of Planning Services sent notice to seventeen (17) Surrounding Property
Owners. Planning staff received a letter with concerns from the adjacent property to the north of the site
with concerns about traffic numbers, noise, dust and preservation of existing trees. Staff also received
two telephone calls of inquiry about the application on behalf of the Lakota Lakes Ranch PUD
Homeowners Association and one from the property to the north. Planning staff indicated that written
correspondence may be submitted up to and during the Planning Commissioners hearing and will be
inventoried as a part of the official record for the case.
The location of the batch plant is to be located near the intersection of County Road 13 and County Road
54, Freedom Parkway. Access to the facility is north of this intersection. Adjacent to the south of County
Road 54 is the Loveland Ready Mix concrete batch plant.
The Conditions of Approval require that the applicant submit an Emergency Action and Safety Plan, a
Decommissioning Plan, Lighting Plan, Communication Plan, Screening and Landscape Plans and an
Improvements Agreement (for roads and traffic). The Development Standards and Conditions of Approval
USR20-0008 — Amen Aggregate Resources
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will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with
surrounding land uses and the region.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of
the surrounding area as permitted by the existing zoning and with the future development as projected
by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect,
or the adopted Master Plans of affected municipalities.
The site is located within a three (3) mile referral area of four (4) municipalities, specifically the Towns of
Johnstown, Milliken and Windsor and the City of Greeley, with Larimer County adjacent to the west. As
previously stated, the project site is also located are located within the existing Intergovernmental
Agreement Area / Coordinated Planning Area for the Towns of Johnstown, Milliken and Windsor.
The 2006 Johnstown Area Comprehensive Plan, Land Use Framework Plan delineates the site as within
their Growth Management Area within a defined use of conservation -oriented agricultural, large lot
residential with a planned community trail located to the north of the Big Thompson river. The Town of
Johnstown did not return a referral response.
The 2015 Milliken Comprehensive Plan Framework map delineates the project site as west of the Town
Urban Growth Area and their Influence Area. The Town of Milliken did not return a referral response.
The 2018 Town of Windsor Comprehensive Plan, Land Use and Development map delineates the project
site as outside of the Town's Growth Management Area. The Town of Windsor referral dated March 30,
2020 stated, "we have reviewed the request and find no conflicts with our interests."
The City of Greeley is also within the three (3) mile referral area but does not have an Intergovernmental
Agreement / Coordinated Planning Area agreement with Weld County. The City of Greeley
Comprehensive Plan entitled "Imagine Greeley' was adopted February 6, 2018. The City of Greeley Land
Use Guidance map, undated and prepared December 1, 2017, identifies the project area as outside of
their Growth Management Area. The City of Greeley referral dated April 2, 2020 stated, "We have
reviewed the request and find no conflicts with our interests."
Larimer County 2019 Comprehensive Plan's Framework Map for the Front Range Extent identifies the
lands west of County Road 13 as urban/rural interface and defined with the preferred uses of agriculture,
lots on thirty-five (35) acres or greater, conservation developments and rural planned developments. The
2019 Larimer County Zoning Map designates land to the west of County Road 13 as FA — Farming with
a floodplain designation. Larimer County did not return a referral response.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County
Code.
The property is not within the Airport or Geologic Hazard Overlay District or MS4 - Municipal Separate
Storm Sewer System area. The project site is within a Special Flood Hazard Area according to the Federal
Emergency Management Agency Flood Insurance Rate Map (FIRM) Community Panel No. 08123C -
1495E effective date January 20, 2016 (Big Thompson River Floodplain). Portions of the project site lie
within Zone AE, which is within the 100 -year floodplain. All structures will be anchored to protect against
flooding and all electrical components will be installed a minimum of 1 foot above the 100 -year flood
elevation
Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road
Impact Fee Program, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural
land in the locational decision for the proposed use.
The proposed mine site is located on approximately 141.83 acres of "Irrigated Land (Not Prime)" and
approximately 34.68 acres of "Other Land" per the 1979 Soil Conservation Service Important Farmlands
of Weld County Map. There will be no prime agricultural land removed due to mining.
USR20-0008 — Amen Aggregate Resources
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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.
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 address the concerns of the Public Works Referral relating to the proposed County
Road 13 and County Road 54 access locations. (Department of Public Works)
B. The applicant shall submit a final Traffic Impact Study, prepared, stamped, and signed by a registered
professional engineer licensed in the State of Colorado, that addresses the concerns of the Public Works
review. (Department of Public Works)
C. 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)
D. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Department of Public Works)
E. The applicant shall submit a recorded copy of any agreement signed by all of the owners of the property
crossed by the access on to County Road 13. The access shall be for ingress, egress, utilities and shall
be referenced on the USR map by the Weld County Clerk and Recorder's Reception number.
(Department of Public Works)
F. All access roads from sand and gravel operations to public highways, roads or streets, or to
adjoining residential structures, shall be paved or otherwise treated to minimize dust conditions on
all parts of such access roads which are located within one-fourth (Y4) mile of the public highway,
road, street or adjoining residential structure. (Department of Public Works)
G. The applicant shall address the requirements of the Colorado Division of Water Resources, as stated in
the referral response dated March 30, 2020. Written evidence of such shall be submitted to the Weld
County Department of Planning Services. (Colorado Division of Water Resources)
H. A Communication Plan shall be submitted to and approved by the Department of Planning Services.
(Department of Planning Services)
I. A Lighting Plan shall be submitted for nighttime operations, as applicable, to, and approved by, the
Department of Planning Services. (Department of Planning Services)
J. A Screening Plan shall be submitted to and approved by the Department of Planning Services that
precludes the use of chain -link fencing with slats or mesh fabric on chain link to screen the site from the
Surrounding Property Owners and public rights -of -way. (Department of Planning Services)
K. A Landscape Plan shall be submitted to and approved by the Department of Planning Services that
address the earth berm to screen the production and processing area of the site from the Surrounding
Property Owners and public rights -of -way. (Department of Planning Services)
USR20-0008 — Amen Aggregate Resources
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L. A Decommissioning Plan for all permanent and temporary structures, buildings and equipment associated
with the production and processing of material associated with the aggregate mine shall be submitted to
and approved by the Department of Planning Services. (Department of Planning Services)
M. The applicant shall address the concerns of the Sinclair Transportation Company specific to the location
of the internal equipment roadways in relation to their pipeline assets. Written evidence that their concerns
have been addressed shall be submitted to the Department of Planning Services. (Sinclair
Transportation Company)
N. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR20-0008 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H of the Weld
County Code addresses the issue of trash collection areas. (Department of Planning Services)
5. The map shall delineate the screening in accordance with the approved Screening Plan. (Department
of Planning Services)
6. The map shall delineate the onsite lighting for night-time operations, if applicable, in accordance with
the approved Lighting Plan, as applicable. (Department of Planning Services)
7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and
Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services)
8. The map shall delineate the parking area for the mine vehicles, mine equipment, vendors, and
employees. (Department of Planning Services)
9. Show and label all recorded easements and rights -of -way by book and page number or reception
number and date. (Department of Planning Services)
10. County Road 13 is a paved road and is designated on the Weld County Functional Classification
Map as a 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)
11. County Road 54 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)
12. Show and label the approved access locations on to County Road 13 and on to County Road 54,
approved access width and the appropriate turning radii (60') on the site plan. The applicant must
obtain an access permit in the approved locations prior to construction. (Department of Public
Works)
13. Show and label the approved tracking control on the site plan. (Department of Public Works)
USR20-0008 — Amen Aggregate Resources
Page 9
14. 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)
15. Show and label a 30 -foot minimum access and utility easement to provide legal access from County
Road 13 to the parcel (095719300061) on the site plan. (Department of Public Works)
16. Show and label the accepted drainage features. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume.
(Department of Public Works)
17. Show and label the drainage flow arrows. (Department of Public Works)
18. Show and label the parking. (Department of Public Works)
19. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
(Department of Planning Services - Floodplain)
20. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the map
per the setback requirements of 23-3-70.E of the Weld County Code. (Department of Planning
Services)
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 be 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 sand and gravel mining area,
a Weld County grading permit will be required. (Department of Public Works)
C. The applicant shall notify Public Works of the anticipated start date and schedule a stormwater
inspection. If construction has commenced without contacting Public Works, the site will be in violation,
a stop work order will be issued, and further enforcement actions may be pursued. (Department of Public
Works)
D. The applicant shall address the concerns of the Front Range Fire Rescue specific to their referral dated
April 17, 2020. Written evidence from Front Range Fire shall be submitted to the Department of Planning
Services stating the facility may operate. (Front Range Fire Rescue)
5. During Construction:
A. Public Works shall be allowed to enter the premises to inspect temporary control measures (BM Ps) for
proper installation and maintenance as detailed in the site's Grading Permit. Inspections occur to ensure
USR20-0008 — Amen Aggregate Resources
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adequate measures are taken to protect the landowner, neighboring properties, adjacent roadways and
nearby waterways from the potentially adverse effects of stormwater runoff. Inspections shall occur at a
frequency determined by the site's compliance, with higher inspection frequencies for non-compliance.
(Department of Public Works)
6. Prior to Operation - Mining:
A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility operator,
the Fire District and the Weld County Office of Emergency Management. Submit evidence of acceptance
to the Department of Planning Services. (Department of Planning Services)
B. Accepted construction drawings and construction of the off -site roadway improvements are required prior
to operation. (Department of Public Works)
C. The applicant shall submit written evidence that the Financial and Performance warranty has been
submitted and accepted by the Division of Mining Reclamation and Safety. (Department of Planning
Services)
7. Prior to Certificate of Occupancy:
A. The applicant shall submit an As -Built Drawing of each permanent control measure, signed and stamped
by a Professional Engineer registered in the State of Colorado. After the submittal, Public Works shall
be allowed to enter the premises to inspect the permanent control measure(s) to confirm proper
installation, as detailed in the drawing. (Department of Public Works)
8. 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)
USR20-0008 — Amen Aggregate Resources
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPM ENT STANDARDS
Amen Aggregate Resource
USR20-0008
1. Site Specific Development Plan and a Special Review Permit, USR20-0008, for open mining (sand, gravel
and stone) and processing of minerals, with ancillary operations and equipment including a Hot Mix Asphalt
(HMA) Batch Plant, the exporting of aggregates, Hot Mix Asphalt and Recycled Asphalt, mine office with scale
house and scale, a fueling/lubricating station, portable generators, mobile mining equipment parking and
storage, and employee and vendor parking outside of subdivisions and historic townsites, in the A
(Agricultural) Zone District, subject to the Development Standards stated hereon. (Department of Planning
Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. All sand and gravel operations shall be conducted during the hours of daylight except in the case of a
declared emergency disaster or in the case of a declaration requiring night construction, public or private
emergency, or to make necessary repairs to equipment. This restriction shall not apply to operation of
administrative and executive offices or repair facilities located on the property. (Department of Planning
Services)
4. The number of on -site employees shall be up to thirteen (13). (Department of Planning Services)
5. The parking area for mine equipment, vendors and employees on the site shall be maintained. (Department
of Planning Services)
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld
County Code. (Department of Planning Services)
7. The proposed screening on the site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
8. The Property Owner shall maintain compliance with the approved Communication Plan. (Department of
Planning Services)
9. 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)
10. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety
Plan on or before March 15th of any given year signed by representatives for the Fire District and the Weld
County Office of Emergency Management to the Department of Planning Services. (Department of Planning
Services)
11. At the conclusion of the extraction of aggregate resources from the defined mine boundary, the Hot Mix Plant
(Asphalt), Hot Mix Asphalt and Recycled Asphalt operations shall be removed from the property.
(Department of Planning Services)
12. 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)
13. 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)
14. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
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15. 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)
16. The Property Owner shall comply with all requirements provided in the executed Improvements Agreement.
(Department of Public Works)
17. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and
possible updates. (Department of Public Works)
18. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
19. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit
and possible updates. (Department of Public Works)
20. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works)
21. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
22. Once the permanent control measure has passed final inspection by Public Works, the site shall be routinely
inspected at a frequency determined by Public Works, usually on an annual basis unless otherwise noted,
for the life of the control measure. Inspections occur to ensure the permanentcontrol measure remains fully
operational and is being adequately maintained according to the site's Operation and Maintenance Plan. Upon
sale of the property, the responsibility of maintaining permanent control measures shall be transferred to the
new owner. (Department of Public Works)
23. 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)
24. 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)
25. 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)
26. 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 approved dust abatement plan for the site.
(Department of Public Health and Environment)
27. 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)
28. 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 study. (Department of
Public Health and Environment)
29. The operation shall remove, handle, and stockpile overburden, sand, soil and gravel from the facility area in a
manner that prevents nuisance conditions. (Department of Public Health and Environment)
30. 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.
The existing well (permit 30833) cannot be used for the business unless it is re -permitted for business use.
(Department of Public Health and Environment)
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31. 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 shall be screened from existing adjacent
residential properties and public rights -of -way. (Department of Public Health and Environment)
32. 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)
33. 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)
34. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations. (Department of Public Health and Environment)
35. 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)
36. 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)
37. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public Health and
Environment)
38. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department
of Public Health and Environment)
39. 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)
40. A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain
or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map
#08123C -1495E effective date January 20, 2016 (Big Thompson River Floodplain). Any development shall
comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as
described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and
requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-
made change to improved or unimproved real estate, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials.
(Department of Planning Services - Floodplain)
41. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development
activities, the owner should contact Weld County to determine if the floodplain boundaries have been modified.
(Department of Planning Services - Floodplain)
42. Lighting shall be maintained in accordance with the approved Lighting Plan, as applicable. (Department of
Planning Services)
43. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties. Sources of
light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the
map. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of
motor vehicles on public or private streets. No colored lights may be used which may be confused with, or
construed as, traffic control devices. (Department of Planning Services)
USR20-0008 — Amen Aggregate Resources
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44. Building permits may be required, for any new construction or set up manufactured structure, 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 the various codes adopted at the time of permit application.
Currently the following has been adopted by Weld County: 2018 International Building Codes; 2018
International Residential Code; 2006 International Energy Code; 2017 National Electrical Code; and Chapter
29 of the Weld County Code. A plan review shall be approved, and a permit must be issued prior to the start
of construction. (Department of Building Inspection)
45. The property owner or operator shall be responsible for complying with the Open -Mining Standards of Chapter
23, Division 4 of the Weld County Code. (Department of Planning Services)
46. 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. (Department of Planning Services)
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. (Department of Planning Services)
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. (Department
of Planning Services)
49. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within
three (3) years from the date of Board of County Commissioners signed Resolution, unless otherwise
specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be
vacated.
50. This Use by Special Review shall terminate when the use is discontinued for a period of three (3)
consecutive years, the use of the land changes or the time period established by the Board of County
Commissioners through the approval process expires. The landowner may notify the Department of
Planning Services of a termination of the use, or Planning Services staff may observe that the use has been
terminated. When either the Department of Planning Services is notified by the landowner, or when the
Department of Planning Services observes that the use may have been terminated, the Planner shall send
certified written notice to the landowner asking that the landowner request to vacate the Use by Special
Review Permit.
51. 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.
USR20-0008 — Amen Aggregate Resources
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52. 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 assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces
a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an
agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged
to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural
production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that
ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the
County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or
other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of
the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads
outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law
enforcement is based on responses to complaints more than on patrols of the County, and the distances which
must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire
protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies.
County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected
from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared
for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to
municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment
and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations,
high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real
threats. Controlling children's activities is important, not only for their safety, but also for the protection of the
farmer's livelihood.
USR20-0008 — Amen Aggregate Resources
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March 26, 2020
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
WAYLAND PETER
PO BOX 18087
BOULDER, CO 80308
Subject: USR20-0008 - Site Specific Development Plan and Use by Special Review for open mining
(sand, gravel and stone) and processing of minerals, an asphalt plant, including the importing of
materials associated with an asphalt batch plant, recycling of asphalt, mine office/scale house and
scale, a fueling/lubricating station, portable generators, mobile mining equipment parking and storage
and employee and vendor parking in the A (Agricultural) Zone District.
On parcel(s) of land described as:
LOT A REC EXEMPT RE -1347, PART SE4 SECTION 19, T5N, R67W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
PART SW4 SECTION 19, T5N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 19, 2020, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on June 10, 2020 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative 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.
Respectfully,
Kim
Planner
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