HomeMy WebLinkAbout20121502.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0009, FOR A MAJOR FACILITY OF A PUBLIC UTILITY (TWO
MILES OF SINGLE CIRCUIT 115-KILOVOLT (kV) ELECTIC TRANSMISSION LINE,
TO CONNECT INTO THE LASALLE GAS PLANT [USR-1792] SUBSTATION
FACILITY, AND ONE (1) SWITCHING STATION AT POINT OF INTERCONNECTION
FROM THE WESTERN AREA POWER ADMINISTRATION [WAPA] TRANSMISSION
LINE) IN THE A (AGRICULTURAL) ZONE DISTRICT - TRI-STATE GENERATION
AND TRANSMISSION ASSOCIATION
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 20th day
of June, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Tri-State Generation and Transmission Association, 1100 West 116th
Avenue, Westminster, Colorado, 80234, for a Site Specific Development Plan and Use by
Special Review Permit, USR12-0009, for a Major Facility of a Public Utility (two miles of single
circuit 115-Kilovolt (kV) electric transmission line, to conned into the LaSalle Gas Plant
[USR-1792] Substation Facility, and one (1) switching station at point of interconnection from
the Western Area Power Administration [WAPA] transmission line) in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
The Preferred Route commences in Section 30
(WAPA Switching Station) and crosses Sections 30
and 31, Township 5 North, Range 64 West of the
6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Steve Gray, 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
Chapter 21 of the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown
compliance with Section 21-3-340. A of the Weld County Code, as follows:
A. Section 21-3-340.A.1 — The health, welfare and safety of the citizens of
the County will be protected and served. All Tri-State electric facilities are
designed, constructed, operated, and maintained to meet or exceed all
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applicable standards of design and performance set forth in the National
Electrical Safety Code (NESC 2012). Health and safety concerns
associated with the Project, therefore, would be limited largely to
electromagnetic fields (EMF) from the transmission line. For the purposes
of this study, EMF was modeled as a function of predicted magnetic field
levels, based on typical and peak loads, from the proposed transmission
line. The Design Standards (Section 23-2-240), Operation Standards
(Section 23-2-250), 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.
B. Section 21-3-340.A.2 — The natural and socio-economic environment of
the County will be protected and enhanced. As outlined in the
application, the transmission line will cross existing pasture land. A total
disturbance area of only 0.07 acres (around the 5-6 transmission line
poles) would result from this proposal.
C. Section 21-3-340.A.3 -- All reasonable alternatives to the proposed
action, including use of existing rights-of-way and joint use of rights-of-
way wherever uses are compatible, have been adequately assessed and
the proposed action is compatible with and represents the best interests
of the people of the County and represents a fair and reasonable
utilization of resources in the impact area. The applicant has evaluated
two electrical system alternatives to address the need of the project.
Alternative 1: No Action. Taking no action would result in no power
delivery to the South Kersey Substation and the LaSalle Gas
Processing Facility. Without electricity, the processing facility
would have to be supplied with natural gas. The No Action
Alternative does not meet the need of the Project.
Alternative 2: Construct a transmission line connection from the
Kersey West Switching Station to the South Kersey
Substation. Alternative 2 would involve the construction of
approximately two (2) miles of 115-kV transmission line
between the Kersey West Switching Station and the South
Kersey Substation, located at the LaSalle Gas Processing
Facility. A temporary tap would be required at WAPA's
Kersey-Rosedale 115-kV transmission line until the Kersey
West Switching Station can be constructed by WAPA.
Alternative 2 would provide the necessary power to operate
the new gas processing facility within the required
timeframe, as requested by DCP.
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Preferred System Alternative
The preferred system alternative is Alternative 2. Alternative 2
meets the Project's purpose and need and provides a cost-effective,
secure, and reliable source of power for the LaSalle Gas Processing
Facility [USR-1792]. Based on this evaluation, three (3) routes
were determined to be feasible based on the analysis. In addition,
three (3) switching station locations were examined for the Kersey
West Switching Station (to be constructed by WAPA). A
transmission line route alternative was associated with each one of
these switching station locations.
Alternative A:
Alternative A is the preferred transmission line route alternative. The
Kersey West Switching Station would be located at the southwest corner
of the intersection of County Roads 54 and 51. The transmission line
would then exit the Kersey West Switching Station and proceed south
along the west side of County Road 51 before turning west into the South
Kersey Substation. Alternative A was selected as the preferred
alternative after land use, natural resources, and public input were taken
into account. Alternative A is the most direct route to deliver power to the
Kersey West Substation and impacts the fewest number of landowners.
Access is superior as the entire route is adjacent to an existing county
road. It also does not impact wetland areas or any sensitive resources.
Alternative B:
In Alternative B, the Kersey West Switching Station would be located at
the southeast corner of the intersection of County Roads 54 and 49. The
transmission line would run south along the east side of County Road 49
and then proceed east into the South Kersey Substation. Alternative B
impacted the greatest number of residences (10) and was further
constrained by the presence of four oil and gas wells along the route. It
was also the longest alternative with 2.8 miles of transmission line.
Based on discussions with the new dairy farm owner, the proposed plan
is to locate the cows on the western side of the property making
Alternative B unfavorable to the new landowner.
Alternative C:
Alternative C is located 1/2 mile east of Alternative A. The transmission
line would proceed south along the west side of the half-section line of
Section 20. The line would then head west to the west side of County
Road 51 and south into the South Kersey Substation. Alternative C
impacted the greatest number of parcels out of the three alternatives. It
was also constrained by the presence of wetlands and ponds along the
northern portion of the route. Alternative C also was longer than the
preferred alternative, with 2.5 miles of transmission line. Alternative C
presented the most access problems, with less than half of the line
accessible by county road.
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D. Section 21-3-340.A.4 -- A satisfactory program to mitigate and minimize
adverse impacts has been presented. The length of the transmission line
will be two (2) miles. It will connect the existing WAPA line and new
switching station to a proposed 115kV transmission line connecting into
the LaSalle Gas Plant. The proposed location of the transmission line is
the shortest distance between the WAPA Line interconnect and the
LaSalle Gas Plant.
E. Section 21-3-340.A.5 -- The nature and location or expansion of the
facility complies with all applicable provisions of the master plan of this
County, and other applicable regional, metropolitan, state and national
plans. The Transmission line alignment and associated switching and
substations are within the three mile referral area for the Town of Kersey,
which indicated in the referral dated March 5, 2012, no conflict with its
interests. Section 22-6-20.A.4 (ECON.Policy 1.4) of the Weld County
Comprehensive Plan states, "Invest in the public infrastructure required to
retain existing businesses and to readily support the needs of future
industrial and commercial developments." The proposed power line and
associated infrastructure will provide a consistent and reliable level of
service to the LaSalle Gas Plant and new South Kersey Substation.
F. Section 21-3-340.A.6 -- The nature and location or expansion of the
facility does not unduly or unreasonably impact existing community
services. The nature and location of the facility will not unduly or
unreasonably impact existing community services. The transmission line
connection will not generate long-term impacts on area school districts
and other community services.
G. Section 21-3-340.A.7 -- The nature and location or expansion of the
facility will not create an expansion of the demand for government
services beyond the reasonable capacity of the community or region to
provide such services, as determined by the Board of County
Commissioners. The proposed transmission line will allow cost effective
service to the DCP Midstream LaSalle Gas Plant [USR-1792] already
approved by the County.
H. Section 21-3-340.A.8 -- The facility site or expansion area is not in an
area with general meteorological and climatological conditions which
would unreasonably interfere with or obstruct normal operations and
maintenance. The proposed Tri-State transmission line taps into an
existing Western Area Power Administration transmission line through a
new WAPA switching station and links this new switching station with an
approximate two (2) mile transmission line into the on-site substation for
the DCP Midstream's LaSalle Gas Plant.
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Section 21-3-340.49 -- The nature and location of the facility or
expansion will not adversely affect the water rights of any upstream,
downstream or agricultural users, adjacent communities or other water
users. The application states that the project will not impact hydrologic
flow of either surface water or groundwater, nor will it affect groundwater
recharge. Existing drainage patterns will be preserved.
J. Section 21-3-340.A.10--Adequate water supplies are available for facility
needs. The proposed facility will function as an unmanned site and does
not currently or have future water service or sanitation needs. During
construction, as required by the Development Standards, bottled water
will be provided for drinking and hand washing purposes, toilet facilities
(port—a—potties) will also be provided.
K. Section 21-3-340.A.11 -- The nature and location of the facility or
expansion will not unduly interfere with existing easements, rights-of-way,
other utilities, canals, mineral claims or roads. Right-of-way agreements
or easements will be purchased from landowners along the transmission
alignment. Only a small portion of the transmission line right-of-way would
be disturbed for structure installation and vehicle access. No new roads
are needed to gain access to sites where the poles would be erected. The
transmission line and supporting structures will be placed in a location
that avoids existing gas pipeline rights-of- way.
L. Section 21-3-340.412 -- Adequate electric, gas, telephone, water,
sewage and other utilities exist or shall be developed to service the site.
This is an unmanned facility. Permanent electric, gas, telephone, water,
and/or sewage will not be required for this transmission line.
M. Section 21-3-340.A.13 -- The nature and location for expansion of the
facility will not unduly interfere with any significant wildlife habitat or
adversely affect any endangered wildlife species, unique natural
resource, or historic landmark within the impact area. No referral
comments were received from the Division of Parks and Wildlife. The
United States Fish and Wildlife Service list of federally threatened or
endangered species includes six wildlife species and two plant species in
Weld County:
Group 1) The Mexican Spotted Owl, Least Tern and Piping Plover -
Given the lack of water and the intense agricultural land use,
these two species are not expected to occur in the project area.
Group 2) Whooping Crane - No impacts to whooping cranes are
anticipated for this project.
Group 3) Black-Footed Ferret - No black-tailed prairie dog colonies were
located near the project area. Prairie dog colonies were not
observed in the vicinity of the project site during surveys;
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therefore, the black-footed ferret would not be impacted by the
project.
Group 4) Preble's meadow jumping mouse - There is no suitable habitat
or designated critical habitat for Preble's meadow jumping mouse
in or near the Project site; therefore, no impacts to the species are
expected.
Group 5) Colorado butterfly plant, and Ute ladies'-tresses orchid - The
project site does not support suitable habitat, therefore, the project
would not impact these species.
In addition to federally listed species, state-listed species that could occur
in or near the project area includes the Western Burrowing Owl and
Plains Sharp-tailed Grouse. Prairie dog colonies were not observed in
the vicinity of the project site; therefore, the western burrowing owl is not
expected to be impacted by the project. The Plains Sharp-tailed Grouse is
listed as endangered in Colorado. The bird formerly nested over much of
the northern two-thirds of the eastern prairie, but the present population
consists of only a few hundred birds in Douglas County (CPAW 2010).
Tri-State would continue to coordinate with CPW to develop appropriate
mitigation measures that are compatible with project goals and that would
minimize impacts to wildlife along the transmission line.
N. Section 21-3-340.A.14 — The nature and location or expansion of the
facility, including expected growth and development related to the
operation and provision of service, will not significantly deteriorate water
or air quality in the impact area. The proposed project will have no long
term impact on water or air quality. During construction, some fugitive
dust may be generated as well as carbon monoxide from construction
vehicles. The applicant has indicated any air quality impacts can be
minimized through dust suppression and regular vehicle maintenance.
The applicant indicates that they will monitor dust levels and erosion
levels prior to establishment of vegetation in the disturbed areas and take
appropriate measures to control dust and erosion if necessary. The
proposed project will not generate runoff in excess of historic levels and
will not modify existing topography and drainage on the site.
O. Section 21-3-340.A.15 — The geological and topographic features of the
site are adequate for all construction, clearing, grading, drainage,
vegetation and other needs of the facility construction or expansion. Tri-
State performed a Class I archaeological database search of the project
area, and thirteen previously recorded sites were found. All of the sites
are north of the preferred alternative and would not be impacted by the
project. The proposed transmission line will be located adjacent to County
Road 51 rights-of-way whenever possible. The transmission line will not
modify the existing topographic features of the site.
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P. Section 21-3-340.A.16 — The existing water quality of affected state
waters will not be degraded below state and federal standards or
established baseline levels. There would be no direct impacts to water
quality associated with regular operation or maintenance of the
transmission line. The Project would not create runoff in excess of historic
levels and would not change existing topography or adversely affect
drainage. There would be no alteration in the pattern or intensity of
surface drainage as a result of construction or operation of the
transmission line. The existing water quality of affected state waters will
not be degraded below state and federal standards or established
baseline levels by the project.
Q. Section 21-3-340.A.17 — The proposed project will not have a significantly
adverse net effect on the capacities or functioning of streams, lakes and
reservoirs in the impact area, nor on the permeability, volume, recharge
capability and depth of aquifers in the impact area. The proposed
transmission line will not modify existing drainage on-site, nor will it
modify subsurface aquifers in the area.
R. Section 21-3-340.A.16 — The benefits of the proposed developments
outweigh the losses of any natural resources or reduction of productivity
of agricultural lands as a result of the proposed development. The
transmission line will cross a new dairy and land associated with this
business, and irrigated and non-irrigated farmlands. The area of
disturbance is a one-hundred-foot-wide construction easement running
the length of the new transmission line, which calculates to be
approximately twenty-four (24) acres (around the 22-25 transmission line
poles on a spacing of 450-650 feet on center) would result from this
proposal.
S. Section 21-3-340.A.19 — The applicant has obtained, or will obtain, all
property rights, permits and approvals necessary for the proposed
project, including surface, mineral and water rights and easements for
drainage, disposal, utilities, access, etc. If the applicant has not obtained
all necessary property rights, permits and approvals, the Board may, at its
discretion, grant the permit conditioned upon completion of the acquisition
of such rights prior to issuance of a zoning or building permit by the
County. The applicant will obtain transmission line easements from all
owners of property that the transmission line will cross one month prior to
construction.
T. Section 21-3-340.A.20 — The proposed project (nonlinear facilities) will
not present an unreasonable risk of exposure to or release of toxic or
hazardous substances within the impact area. The determination of
effects of the project shall include the following considerations:
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1) The means by which outdoor storage facilities for fuel, raw
materials, equipment and related items are adequately enclosed
by a fence or wall.
2) The likelihood of hazardous materials or wastes being moved off
the site by natural causes or forces.
3) Containment of inflammable or explosive liquids, solids or gases.
The proposed project will not present an unreasonable risk of exposure
to, or release of, toxic or hazardous substances within the impact area.
U. Section 21-3-340.A.21 — The scope and nature of the proposed project
will not unnecessarily duplicate existing services within the County. The
scope and nature of the proposed project will not unnecessarily duplicate
existing services within the County. The proposed transmission line will
provide the ability for Tri-State to deliver power to its member
cooperatives and improve service to the South Kersey substation and to
new industrial developments in the County and neighboring
municipalities.
V. Section 21-3-340.A.22— If the purpose and need for the proposed project
are to meet the needs of an increasing population within the County, the
area and community development plans and population trends
demonstrate clearly a need for such development. The project will provide
reliable service to the LaSalle Gas Plant and future industrial
developments in Weld County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Tri-State Generation and Transmission
Association, for a Site Specific Development Plan and Use by Special Review Permit,
USR12-0009, for a Major Facility of a Public Utility (two miles of single circuit 115-Kilovolt (kV)
electric transmission line, to connect into the LaSalle Gas Plant [USR-1792] Substation Facility,
and one (1) switching station at point of interconnection from the Western Area Power
Administration [WAPA] transmission line) in the A (Agricultural) Zone District, on the parcel of
land described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the plat:
A. The applicant shall submit written evidence from the applicant indicating
all requirements and agreements between the surface developer and the
mineral owners and/or lessees have been completed and shall be
submitted, or evidence that an adequate attempt has been made to
mitigate their concerns.
B. The applicant shall submit written evidence from representatives for the
Western Area Power Administration indicating their intention and timeline
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to submit a Subdivision Exemption land use permit for a switching station
on lands owned by Highland Properties 1411, LLC.
C. The applicant shall submit written evidence of compliance with the
Federal Aviation Administration (FAA) referral dated March 14, 2012,
specific to the submittal of FAA Form 7460-1, Notice of Proposed
Construction or Alteration. If any portion of the proposal is located within
20,000 feet of a public use runway (and breaks a 100:1 plane coming off
the nearest point of the nearest runway), or is more than 200 feet above
ground level at any location, the FAA requires the project's proponent to
file a Form 7460-1.
D. The applicant shall submit written evidence of compliance with the Army
Corps of Engineers referral, dated March 14, 2012.
2. The plat shall be amended to delineate the following:
A. All sheets shall be prepared in accordance with Sections 21-3-330.B.3
and B.4 of the Weld County Code.
B. All sheets shall be labeled USR12-0009.
C. The Development Standards associated with this application.
D. County Roads 54 and 51 are designated on the Weld County Road
Classification Plan as local gravel roads, which require 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. These roads are maintained by Weld County.
E. The location of the permanent Transmission Line easement.
F. The final location of the Subdivision Exemption area for the Western Area
Power Administration [WAPA] Switching Station.
3. One month prior to construction activities:
A. The applicant shall contact the Department of Public Works Utility
Coordinator for a Right-of-Way Permit for any work that may be required
in the County Road Right-of-Way.
B. An Access Permit is required for any new accesses to the County
roadways.
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C. 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 BMPs to be utilized, typical installation and
maintenance notes for all BMPs to be utilized, and a copy of the approved
Colorado Department of Public Health and Environment Stormwater
Permit.
D. The applicant shall submit evidence of an Air Pollution Emission Notice
(APEN) application from the Air Pollution Control Division (APCD) of the
Colorado Department of Public Health and Environment. Alternately, the
applicant may provide evidence from the APCD that they are not subject
to these requirements.
E. A special transport permit will be required for any oversized or overweight
vehicles that may access the site during construction.
F. 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.
G. The applicant shall provide recorded evidence that all easements for the
transmission line have been acquired.
4. The applicant shall submit three (3) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
5. Upon completion of Conditions of Approval #1 through #4 above, the applicant
shall submit a Mylar plat along with all other documentation required as
Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld
County Clerk and Recorder by the Department of Planning Services. The plat
shall be prepared in accordance with the requirements of Section 23-2-260.D of
the Weld County Code. 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 applicant shall be responsible for paying
the recording fee.
6. The attached Development Standards for the Use by Special Review Permit shall
be adopted and placed on the Use by Special Review plat prior to recording.
The completed plat shall be delivered to the Department of Planning Services
and be ready for recording in the Weld County Clerk and Recorder's Office within
one hundred twenty (120) days of approval by the Weld County Board of
Commissioners.
7. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required one hundred twenty
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(120) days from the date the application was approved, a $50.00 recording
continuance charge may be added for each additional three (3) month period.
8. 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
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us
9. 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 20th day of June, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 6 e—ss
Sean P. , hair ,
Weld County Clerk to the Board
'Ada illiam F. Garcia, Pr Tem
BY:
Deputy CI a k to 'e Boat 361 w •
ara Kirkmeye
APP: o•c DA 4y M: `e j EXCUSED
'�
_ r David E. Lon
AY y Attorney //. tne--4-ems'
Dou. i- adema er
Date of signature: 7_aLi-1 a
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION
USR12-0009
1. A Site Specific Development Plan and Use By Special Review Permit, USR12-0009, is
for a Major Facility of a Public Utility (two miles of single circuit 115-Kilovolt (kV) electric
transmission line, to connect into the LaSalle Gas Plant [USR-1792] Substation Facility,
and one (1) switching station at point of interconnection from the Western Area Power
Administration [WAPA] Transmission Line) in the A (Agricultural) Zone District, as
indicated in the application materials on file in the Department of Planning Services 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. Fugitive dust and fugitive particulate emissions shall be controlled along the construction
route.
7. Adequate toilet facilities (portable toilets) and hand washing units shall be provided
during construction of the project.
8. Bottled water shall be utilized for drinking during construction of the project.
9. Environmental Protection Measures for Construction Projects, as identified in
Appendix B of the application, shall be adhered to.
10. 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.
11. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
12. Should 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, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
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13. 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.
14. The applicant is required to comply with all Colorado Department of Public Health and
Environment, Water Quality Control Division, regulations regarding stormwater quality
permitting and protection and construction stormwater discharges.
15. Effective April 25, 2011, building permits issued on the proposed lot will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
16. Effective April 25, 2011, building permits issued on the proposed lot will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
17. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
18. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
19. The operation shall comply with all applicable rules and regulations of the state and
federal agencies and the Weld County Code.
20. 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.
21. The Use by Special Review area shall be limited to the plans shown herein 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.
22. 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.
23. 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.
2012-1502
PL2124
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