HomeMy WebLinkAbout20131587.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0013, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING OIL AND GAS SUPPORT AND SERVICE, INCLUDING, BUT NOT
LIMITED TO, A NATURAL GAS PROCESSING FACILITY, A NEW EQUIPMENT AND
PIPE STORAGE YARD, A LIQUEFIED NATURAL GAS (LNG) PLANT AND
STORAGE FACILITY AND ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICT (LNG FUELING FACILITY, COMMUNICATIONS
TOWER GREATER THAN 70 FEET IN HEIGHT (100 FEET), A MORGAN COUNTY
SUBSTATION AND MORE THAN ONE (1) CARGO (CONEX) CONTAINER IN THE
A (AGRICULTURAL) ZONE DISTRICT - QUARTER CIRCLE LAZY H RANCH, INC.,
C/O NOBLE ENERGY, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 26th day
of June, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Quarter Circle Lazy H Ranch, Inc., 4000 CR 74E, Livermore, CO
80536, c/o Noble Energy, Inc., 1625 Broadway, Suite 2200, Denver, CO 80202, for a Site
Specific Development Plan and Use by Special Review Permit, USR13-0013, for a Mineral
Resource Development Facility, including Oil and Gas Support and Service, including, but not
limited to, a Natural Gas Processing facility, a new equipment and pipe storage yard, a
Liquefied Natural Gas (LNG) Plant and storage facility and any Use Permitted as a Use by
Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone District
(LNG fueling facility, communications tower greater than 70 feet in height (100 feet), a Morgan
County Substation and more than one (1) cargo (Conex) container in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
N1/2 NW1/4 of Section 21, Township 9 North,
Range 61 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Pam Hora, Tetra Tech,
1900 South Sunset, Suite 1E, Longmont, Colorado 80501, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
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2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.6 of the Weld County Code as follows:
A, Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-5-140.A (AE.Goal 1) states: "Support and encourage
research, development and use of alternative energy resources."
2) Section 22-5-140.A.2 (AE.Policy 1.2) states: "Support the
development and use of biofuels." Noble Energy is proposing a
liquefied natural gas [LNG] plant and storage facility. The LNG
will be placed into vacuum insulated storage tanks for Noble to
use to fuel its own rig fleet and well completion operations and/or
it could be trucked off -site to appropriately permitted LNG fueling
facilities to be used by others.
3) Section 22-5-100.A (OG.Goal 1) states: "Promote the reasonable
and orderly exploration and development of oil and gas mineral
resources."
4) Section 22-5-100.B (OG.Goal 2) states: "Ensure that the
extraction of oil and gas resources conserves the land and
minimizes the impact on surrounding land and the existing
surrounding land uses."
5) Section 22-5-100.6.9 (OG.Policy 2.9) states: "Impose protective
measures through available state, County and federal regulations
to ensure that the mineral operator conducts operations in a
manner that will minimize current and future environmental
impacts."
6) Section 22-2-80.D (I.Goal 4) states: "All new industrial
development should pay its own way" The applicant, Noble
Energy, will be paying for all on -site and off -site improvements
associated with this use, as required through the improvements
agreement.
7) Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
agricultural lands to other land uses."
8) Section 22-2-20.1.3 (A.Policy 9.3) states: "Consider mitigation
techniques to address incompatibility issues. Encourage
techniques and incentives, such as, but not limited to, clustered
development and building envelopes, to minimize impacts on
surrounding agricultural land." The request for a Site Specific
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Development Plan and Use by Special Review Permit for a
Mineral Resource Development Facility, including Oil and Gas
Support and Service, including, but not limited to, a Natural Gas
Processing facility, a new equipment and pipe storage yard, a
Liquefied Natural Gas (LNG) Plant and storage facility and any
Use Permitted as a Use by Right, Accessory Use, or Use by
Special Review in the Commercial or Industrial Zone District (LNG
fueling facility, communications tower greater than 70 feet in
height (100 feet), a Morgan County Substation and more than one
(1) cargo (Conex) container in the A (Agricultural) Zone District.
The Noble Energy infrastructure improvements are part of a new
compressor, pipeline and gas processing plant network
necessitated by the need to move larger volumes of gas due to
the recent increases in drilling activity and projected additional
production increases. Attached Conditions of Approval and
Development Standards (noise limits and the requirement that the
applicant submit a Lighting Plan) will address and mitigate impacts
on the surrounding area.
9) Section 22-6-20.C.1 (ECON.Policy 3.1) states: "County activities
and regulation should protect the rights of private property owners
and the public health, safety and welfare, recognizing that these
basic rights and protections allow the free market to prosper and
grow the local economy"
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Citing the following Code Sections,
Section 23-3-40.A.1 of the Weld County Code provides for an Oil and
Gas Storage Facility, including the LNG Tank Farm; Section 23-3-40.A.2
provides for the Natural Gas Processing Facility, new equipment and pipe
storage yards, a Liquefied Natural Gas (LNG) Plant; Section 23-3-40.D.3
for the Public Utilities Facility, including the Morgan County REA
substation; Section 23-3-40.K for one (1) or more microwave, radio,
television or other communication transmission or relay tower over
seventy (70) feet in height per lot; Section 23-3-40.S provides for any Use
permitted as a Use by Right, Accessory Use, or a Use by Special Review
in the Commercial or Industrial Zone Districts, provided that the property
is not a lot in an approved or recorded subdivision plat or part of a map or
plan filed prior to adoption of any regulations controlling subdivisions; and
Section 23-3-40.BB addresses more than the number of cargo containers
allowed as a Use by Right per legal lot or parcel in the A (Agricultural)
Zone District.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The property slopes
east to a low point and west to the same low point, in effect the property
is positioned in a bowl sloping to the north. A gas pipeline bisects the
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property northwest to southeast. In the immediate area, there is no
residential development, although there are residences to the south and
north a minimum of one (1) mile in distance from the parcel. The site is
currently utilized as range/pastureland. There are seven (7) property
owners and 11 parcels within 500 feet of this proposed facility.
D. Section 23-2-230.B.4 -- The uses which will be permitted will be
compatible with future development of the surrounding area, as permitted
by the existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is not within the three-mile referral area of a
municipality.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. 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 23-2-230.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. This proposed facility is located on an eighty (80) acre
parcel for the Oil and Gas Processing Facility. The proposed facility is
sited on lands that are designated "High Potential Dry Cropland, Prime if
they become Irrigated" and "Other" on the Important Farmlands of Weld
County map dated 1979.
G. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards ensure that
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Quarter Circle Lazy H Ranch, Inc., c/o Noble
Energy, Inc., for a Site Specific Development Plan and Use by Special Review Permit,
USR13-0013, for a Mineral Resource Development Facility, including Oil and Gas Support and
Service, including, but not limited to, a Natural Gas Processing facility, a new equipment and
pipe storage yard, a Liquefied Natural Gas (LNG) Plant and storage facility and any Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone District (LNG fueling facility, communications tower greater than 70 feet in height
(100 feet), a Morgan County Substation and more than one (1) cargo (Conex) container in the
A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
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1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0013.
2) The attached Development Standards.
3) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas. Section
23-3-350.H of the Weld County Code addresses the issue of trash
collection areas. Areas used for storage or trash collection shall
be screened from adjacent properties and public rights -of -way.
These areas shall be designed and used in a manner that will
prevent trash from being scattered by wind or animals.
5) County Road (CR) 89 is designated on the Weld County Road
Classification Plan as a local gravel road, which requires 60 feet of
right-of-way at full buildout. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. All setbacks shall be
measured from the edge of future right-of-way. If the right-of-way
cannot be verified, it shall be dedicated. This road is maintained
by Weld County.
6) CR 104 is designated on the Weld County Road Classification
Plan as a Section Line Road. There is 30 feet of unmaintained
County section line right-of-way along the northern property line.
The applicant shall verify the existing 30 feet of right-of-way and
the documents creating the right-of-way and this information shall
be noted on the plat. All setbacks shall be measured from the
edge of future right-of-way. This road is not maintained by Weld
County.
7) The applicant shall show the approved access(es) on the plat and
label with the approved access permit number (will be provided).
8) The approved Lighting Plan for the facility.
B. The applicant shall address the concerns of the Weld County Department
of Public Health and Environment, as indicated in the referral dated
April 15, 2013, specifically:
1) The applicant shall submit evidence of an Air Pollution Emission
Notice (A.P.E.N.) and Emissions Permit Application from the Air
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Pollution Control Division (APCD), Colorado Department of Health
and Environment (CDHE), if applicable. Alternately, the applicant
may provide evidence from the APCD that they are not subject to
these requirements. (Note: An Air Pollution Emission Notice
(APEN) is also required if the amount of disturbed area exceeds
25 acres.)
2) The applicant shall submit documentation demonstrating that the
secondary containment to be constructed around the
aboveground tanks complies with the Colorado Oil and Gas
Conservation Commission's Rule 604. Include specifications for
spill containment in the truck loading/unloading areas.
3) The applicant shall designate the location of the proposed septic
system on the plat. The septic system must be protected from
vehicle traffic.
4) The applicant shall submit written evidence from the Colorado
Division of Water Resources, demonstrating that the well is
appropriately permitted for the commercial use.
5) In the event the facility's water system serves more than 25
persons on a daily basis, the water system shall comply with the
Colorado Primary Drinking Water Regulations (5 CCR 1003-1).
Evidence shall be provided to the Weld County Department of
Public Health and Environment that the system complies with the
Regulations.
6) The applicant shall submit a revised Waste Handling Plan, for
approval, to the Environmental Health Services Division of the
Weld County Department of Public Health and Environment. The
plan shall include, at a minimum, the following:
a) A list of wastes which are expected to be generated on the
site (this should include expected volumes and types of
waste generated, including waste generated from
equipment maintenance).
b) A list of the type and volume of chemicals expected to be
stored on the site.
c) The waste handler and facility where the waste will be
disposed (including the facility name, address, and phone
number).
d) The approved disposal facility for the waste water stream
(including the facility name, address, and phone number).
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C. The applicant shall submit a Deed describing the north half of the
northwest quarter of Section 21, Township 9 North, Range 61 West of the
6th P.M., County of Weld State of Colorado.
D. The applicant shall submit an Improvements Agreement for Off -site
Improvements. Collateral for off -site improvements, as well as road
maintenance, is required for this site. Road maintenance, including dust
control, damage repair, and triggers for improvements will be included.
E. The applicant shall submit a Final Drainage Report that follows the
USR-SPR Drainage Report Checklist and a complete set of Construction
Drawings (including the on -site gravel section to prevent tracking onto the
county roadway) that have been stamped, signed, and dated by a
registered professional engineer licensed in the State of Colorado.
2. Prior to Construction
A. In the event that one (1) or more acres are disturbed during the
construction and development of this site, the applicant shall obtain a
Stormwater Discharge Permit from the Water Quality Control Division of
the Colorado Department of Public Health and Environment.
B. If more than one (1) acre is to be disturbed, a Grading Permit will be
required prior to the start of construction. The Grading Permit Application
must contain an Erosion and Sediment Control Plan, a Grading Plan,
installation details of all Best Management Practices (BMPs) to be
utilized, typical installation and maintenance notes for all BMPs to be
utilized, and a copy of the approved CDPHE Stormwater Permit.
C. Building permits may be required for the Oil and Gas Support and Service
Facility and associated buildings and equipment, per Section 29-3-10 of
the Weld County Code.
If a Building Permit Application is submitted, two (2) complete sets of
engineered plans, including Engineered Foundation Plans bearing the
wet stamp of a Colorado registered architect or engineer, is required.
E. A Geotechnical Engineering Report performed by a Colorado registered
engineer shall be required or an Open Hole Inspection.
F. Buildings and structures shall conform to the requirements of the various
codes adopted at the time of permit application. Currently, the following
have been adopted by Weld County: 2012 International Building Code,
2012 International Mechanical Code, 2012 International Plumbing Code,
2006 International Energy Code, 2012 International Fuel Gas Code, 2011
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National Electrical Code, 2003 ANSI 117.1 Accessibility Code, and
Chapter 29 of the Weld County Code.
G. A plan review shall be approved and a building permit must be issued
prior to the start of construction.
3. Prior to issuance of a Certificate of Occupancy:
A. An Individual Sewage Disposal System (I.S.D.S.) is required for the
proposed facility and shall be installed according to the Weld County
I.S.D.S. Regulations. The septic system is required to be designed by a
Colorado registered professional engineer, according to the Weld County
I.S.D.S. Regulations.
B. The applicant shall submit evidence of an Underground Injection Control
(UIC) Class V Injection Well Permit from the Environmental Protection
Agency (EPA) for any large -capacity septic system (a septic system with
the capacity to serve 20 or more persons per day). Alternately, the
applicant may provide evidence from the EPA that they are not subject to
the EPA Class V requirements.
C. The applicant shall submit evidence of compliance with the Emergency
Planning and Community Right to Know Act (EPCRA) for any hazardous
chemical used or stored in the workplace.
4. One month prior to operation:
A. A signed copy of the Spill Prevention, Control and Countermeasure Plan
shall be provided to Environmental Health Services Division of the Weld
County Department of Public Health and Environment.
5. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, of the plat to the Weld
County Department of Planning Services for preliminary approval. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the
Weld County Code. Upon approval of the plat, the applicant shall submit a Mylar
plat, along with all other documentation required as Conditions of Approval. The
Mylar plat and additional requirements shall be submitted within one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The applicant shall
be responsible for paying the recording fee.
6. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
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(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
7. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat 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.
8. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of June, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD NTY, COLORADO
ATTEST:
Weld County Clerk to the
BY:
Deputy Clerk to the
APP
William F. Garcia, Chair
County Attorney
rbara Kirkmeyer)
Date of signature: "7(/°
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
QUARTER CIRCLE LAZY H RANCH, INC., C/O NOBLE ENERGY, INC.
USR13-0013
1. The Site Specific Development Plan and Use by Special Review Permit, USR13-0013, is
for a Mineral Resource Development Facility, including Oil and Gas Support and
Service, including, but not limited to, a Natural Gas Processing facility, a new equipment
and pipe storage yard, a Liquefied Natural Gas (LNG) Plant and storage facility and any
Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone District (LNG fueling facility, communications tower
greater than 70 feet in height (100 feet), a Morgan County Substation and more than one
(1) cargo (Conex) container in the A (Agricultural) Zone District, and subject to the
Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 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.
4. 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, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
6. The applicant shall operate in accordance with the approved Waste Handling Plan.
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
8. This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code, or all
applicable state noise statutes and/or regulations.
9. In accordance with Colorado Oil and Gas Conservation Commission Rule 604, a spillage
retention berm shall be constructed around the aboveground storage tanks. The volume
retained by the spillage berm should be greater than the volume of the largest tank
inside the berm and sufficient freeboard to contain precipitation.
10. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
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11. Any petroleum contaminated soils on the facility shall be removed, treated or disposed of
in accordance with all applicable state and federal rules and regulations and the Weld
County Code.
12. A Spill Prevention Control and Countermeasure plan shall be kept on -site, at all times.
13. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling and in a manner that minimizes the release of
hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). All chemicals
must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations.
14. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
15. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
Individual Sewage Disposal Systems (I.S.D.S.).
16. Portable toilets and hand washing units may be utilized in the load/unload areas for
drivers who do not have access to the office restroom facilities due to security
restrictions. Records of maintenance and proper disposal for portable toilets shall be
retained on a quarterly basis and available for review by the Weld County Department of
Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed
in Weld County and shall contain hand sanitizers.
17. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
18. In the event the facility's well water system serves more than 25 persons on a daily
basis, the water system shall comply with the Colorado Primary Drinking Water
Regulations (5 CCR 1003-1). If not subject to these requirements, the Weld County
Department of Public Health and Environment strongly encourages well users to test
their drinking water prior to consumption and periodically thereafter.
19. The applicant shall obtain a Colorado Discharge Permit System (CDPS) Permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, as applicable.
20. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit
requirements, as stipulated by the Air Pollution Control Division, Colorado Department of
Public Health and Environment, as applicable.
21. The operation shall comply with the Occupational Safety and Health Act (OSHA).
22. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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23. Building permits may be required for the Oil and Gas Support and Service Facility and
associated buildings and equipment.
24. A Building Permit Application must be completed and two (2) complete sets of
Engineered Plans, including Engineered Foundation Plans bearing the wet stamp of a
Colorado registered architect or engineer, must be submitted.
25. A Geotechnical Engineering Report performed by a Colorado registered engineer shall
be required or an Open Hole Inspection.
26. Buildings and structures shall conform to the requirements of the various codes adopted
at the time of permit application. Currently, the following have been adopted by Weld
County: 2012 International Building Code, 2012 International Mechanical Code, 2012
International Plumbing Code, 2006 International Energy Code, 2012 International Fuel
Gas Code, 2011 National Electrical Code, 2003 ANSI 117.1 Accessibility Code, and
Chapter 29 of the Weld County Code.
27. Building plans must be reviewed and approved and a permit must be issued prior to the
start of construction.
28. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if noxious weeds
exist on the property, or become established as a result of the proposed development,
the applicant/landowner shall be responsible for controlling the noxious weeds.
29. Off-street parking spaces, including the access drive, shall be surfaced with gravel,
asphalt, recycled asphalt base, concrete or the equivalent and shall be graded to
prevent drainage problems.
30. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to runoff rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm runoff.
31. Weld County is not responsible for the maintenance of on -site drainage related features.
32. In the event that one (1) or more acres are disturbed during the construction and
development of this site, the applicant shall obtain a Stormwater Discharge Permit from
the Water Quality Control Division of the Colorado Department of Public Health and
Environment.
33. For any hazardous chemical used or stored in the workplace, facilities must maintain a
material safety data sheet (MSDS) and submit the MSDSs, or a list of chemicals, and
the facility's annual inventory, to the State Emergency Response Commission, the Local
Emergency Planning Committee and the Pawnee Fire Department on, or before, March
1st of any given year.
34. The applicant shall comply with the Emergency Planning and Community Right to Know
Act (EPCRA).
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35. Building Permits issued on the property will be required to adhere to the fee structure of
the County -Wide Road Impact Fee Program.
36. Building Permits issued on the property will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
37. The facility will operate 24 hours per day, 365 days per year.
38. The facility will comply with the approved Lighting Plan and Section 23-3-250.D.1,
Lighting Standards, of the Weld County Code.
39. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
40. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
41. 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.
42. 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.
43. 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.
44. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat and recognized at all times.
2013-1587
PL2222
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