HomeMy WebLinkAbout20121514.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0014, FOR AN OIL AND GAS SUPPORT FACILITY (CLASS II
OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY) IN
THE A (AGRICULTURAL) ZONE DISTRICT - DILLARD FAMILY, LLC, 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 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 Dillard Family, LLC, P.O. Box 333, Galeton, Colorado, 80622, c/o
Noble Energy, Inc., 2115 117th Avenue, Greeley, Colorado, 80634, for a Site Specific
Development Plan and Use by Special Review Permit, USR12-0014, for an Oil and Gas
Support Facility (Class II Oilfield Waste Disposal Facility — Saltwater Injection Facility) in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot A of Recorded Exemption, RECX12-0031,
being part of the NE1/4 of Section 10, Township 7
North, Range 64 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicant was represented by Greg Pickerel with Noble
Energy, Inc., as well as Pam Hora with TetraTech, 1900 South Sunset, Suite 1-F, 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.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-4-140.A (EP.Goal 1) states, "Encourage the
minimization of mineral resource exploration and production waste
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and require the safe disposal of it;" and EP.Policy 1.1 states, "Due
to the impacts from surface impoundments and increasing public
concern about them, other alternatives for disposal should be
considered." The proposal is for a Class II Brinewater Injection
Well and associated facilities, including a 20-foot radio tower and
support office.
2) Section 22-4-140.6 (EP.Goal 2)" Mineral resource exploration and
production waste facilities should be planned, located, designed
and operated to encourage compatibility with surrounding land
uses in terms of items such as general use, scale, height, traffic,
dust, noise and visual pollution." This proposal has been
reviewed by the appropriate referral agencies and it has been
determined that the attached 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.
3) Section 22-2-20.8.2 (A.Policy 2.2) states, "Allow commercial and
industrial uses, which are directly related to, or dependent upon,
agriculture, to locate within agricultural areas when the impact to
surrounding properties is minimal or mitigated and where
adequate services and infrastructure are currently available or
reasonably obtainable. These commercial and industrial uses
should be encouraged to locate in areas that minimize the
removal of agricultural land from production." The site is Lot A of
Recorded Exemption, RECX12-0031, which consists of 27.9
acres. The U.S.D.A. Soils Maps of Prime Farmlands of Weld
County, dated 1979, designate the soils on this property as
"other." The project location is dryland prairie with many oil and
gas facilities in the vicinity. The surrounding properties have the
same conditions and there are no residences within a couple of
miles; therefore, the injection facility will be compatible with the
surrounding land uses. Currently, there is no existing commercial
water source or septic facilities on the property, as the application
materials indicate it is an unmanned facility. The applicant is
proposing construction of a commercial well and septic system at
the time of construction of the future office.
B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A.2 of the Weld County
Code provides for Oil and Gas Support and Service as a Use by Special
Review 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 site is bordered
by agricultural uses, predominately grazing and rangelands with sparsely
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populated residential development. There are three property owners
within 500 feet of this proposed facility. There are no residences in the
general area, with the nearest residence over two miles from the site.
Staff has received no letters, telephone calls or electronic mail from
adjacent or surrounding property owners or interested persons. The
Conditions of Approval and Development Standards will ensure that this
use will be compatible with surrounding land uses.
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 located within three miles of a municipality.
E. Section 23-2-230.6.5 -- The site does not lie within any Overlay Districts.
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. Effective April 25, 2011, building permits issued on
the proposed lots will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee Programs. The site is
located within an area previously identified as property associated with
the Galeton Reservoir Project (Northern Irrigated Supply Project).
F. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The U.S.D.A. Soils Maps of Prime Farmlands of Weld
County, dated 1979, designated the soils on this property as "other."
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 Dillard Family, LLC, do Noble Energy, Inc., for a
Site Specific Development Plan and Use by Special Review Permit, USR12-0014, for an Oil and
Gas Support Facility (Class II Oilfield Waste Disposal Facility — Saltwater Injection Facility) 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 the plat for RECX12-0031 and provide
evidence that all Conditions of Approval have been addressed.
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B. The applicant shall submit a copy of a recorded Deed describing Lot A of
RECX12-0031.
C. The USR plat shall be prepared, per Section 23-2-260.D of the Weld
County Code.
D. All sheets of the USR plat shall be labeled USR12-0014.
E. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Screening Plan, to address the trash dumpster
associated with this facility, which shall be screened from adjacent
properties, including the public rights-of-way.
3) Intersecting County Roads 80 and 55 are designated on the Weld
County Road Classification Plan as gravel roads, which require 60
feet of right-of-way at full build out. These roads are maintained
by Weld County.
a. Starting from the County-maintained intersection of County
Roads 80 and 55, North on County Road 55 alignment,
Section 16 is a State Section with no right-of-way;
Section 15 is a Railroad section with no right-of-way, and
continuing North on the County Road 55 alignment
between Sections 9 and 10, the right-of-way has been
vacated May 5, 1941.
b. On the County Road 84 alignment, the County has
retained 60 feet of right-of-way located between Sections 3
and 10. The road was not build by the County.
c. From the maintained County intersection of County Roads
80 and 55 North, Noble Energy, Inc. would have to obtain
Lease Road Agreements with adjacent landowners to
reach the alignment of County Road 84 where the County
has 60 feet of right-of-way available to access their
injection well site.
4) The proposed access width (minimum 20-foot width for
emergency vehicles) and the turning radiuses into the site (45 feet
to 60 feet radiuses required to accommodate trucks).
5) The type of (lease road) easement and whether it is dedicated,
private, or deeded to provide adequate access to the parcel.
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Section line accesses are considered private lanes with no county
maintenance.
6) The detention and drainage facilities to be within a drainage
easement which shall be described on the plat and labeled as a
"No Build or Storage Area".
7) The application materials did not include a Lighting Plan. Should
exterior lighting be a part of this facility, all light standards shall be
delineated on the USR plat.
F. The applicant shall address the requirements (concerns) of the Colorado
Division of Water Resources, as stated in the referral response dated
March 12, 2012. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
G. The applicant shall file an Air Pollution Emissions Notice (APEN) with the
Air Pollution Control Division of the Colorado Department of Public Health
and Environment. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
H. A Ground Water Monitoring Plan shall be submitted to the Weld County
Department of Public Health and Environment for review and approval.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
If appropriate, Stormwater Discharge Permit coverage shall be obtained
from the Colorado Department of Public Health and Environment, Water
Quality Control Division, for construction activities. Evidence of such shall
be submitted, in writing, to the Weld County Department of Planning
Services.
J. The applicant shall submit written evidence of compliance with all of the
Department of Public Health and Environment's stipulations and
requirements, as stated in the referral, dated March 23, 2012.
K. The applicant shall address the requirements (concerns) of the
Department of Building Inspection, as stated in the referral response
dated March 30, 2012.
L. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. Upon completion of Condition of Approval #1 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
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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.
3. 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.
4. 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
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge may be added for each additional three (3)
month period.
5. One month prior to the start of construction:
A. The applicant shall submit evidence of a Construction Stormwater Permit
from the Colorado Department of Public Health and Environment
(CDPHE), Water Quality Control Division, to cover stormwater discharges
from construction sites (5 CCR-1002-61). Alternately, the applicant may
provide evidence from CDPHE that they are not subject to the CDPS
requirements.
B. A grading permit is required if more than one acre is disturbed. The
Grading Permit Application packet shall include the Grading Permit
Application, grading permit fee, erosion and sediment control map, typical
details for the BMPs to be utilized, typical installation and maintenance
notes for each BMP to be utilized, and a copy of the approved
Construction Stormwater Discharge Permit from CDPHE.
6. Prior to the Release of building permits:
A. A building permit will be required for the future office structure and any
new construction, alternation, or addition to any buildings or structures on
the property. It is recommended that a code analysis be done on the
project by a design professional with experience in this area.
B. A building permit will be required for any new construction, including
metering house and communication equipment. A building permit
application must be completed and two complete sets of plans, including
engineered foundation plans bearing the wet stamp of a Colorado
registered architect or engineer, must be submitted for review. A
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Geotechnical Engineering Report, performed by a Colorado registered
engineer shall be required.
C. 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: 2006 International Building Code,
2006 International Mechanical Code, 2006 International Plumbing Code,
2006 International Energy Code, 2006 International Fuel Gas Code, 2011
National Electrical Code, 2003 ANSI 117.1 Accessibility Code, and
Chapter 29 of the Weld County Code.
D. Building height shall be measured in accordance with the 2006
International Building Code for the purpose of determining the maximum
building size and height for various uses and types of construction and to
determine compliance with the Bulk Requirements from Chapter 23 of the
Weld County Code. Building height shall be measured in accordance
with Chapter 23 of the Weld County Code in order to determine
compliance with offset and setback requirements. Offset and setback
requirements are measured to the farthest projection from the building.
E. Detailed plans for the concrete secondary containment structure for all
storage and processing tanks shall be submitted. Secondary containment
volume shall provide containment for the entire contents of the largest
single tank plus sufficient freeboard to allow for precipitation. The Weld
County Department of Public Health and Environment will consider
containment structures other than concrete provided a Colorado
registered professional engineer provides a certification indicating that the
proposed structure meets, or exceeds, the expected function of a
concrete structure in regard to containment, spills, and unintended
releases.
F A detailed Closure Plan shall be submitted to the Weld County
Department of Public Health and Environment and the Colorado Oil and
Gas Conservation Commission. The Closure Plan shall include a
description of the manner in which the well will be plugged and
abandoned, as well as specific details regarding reclamation of the
property. No structures or equipment associated with the facility shall
remain on the property following closure.
G. The facility shall post financial assurance with the Colorado Oil and Gas
Conservation Commission (COGCC). The financial assurance shall be
adequate to cover a third-party closure of the facility, including the
plugging and abandonment of the well, in accordance with industry
standards, and the removal of all structures (including concrete) on the
facility. The site shall be returned to its original grade. The facility shall
submit evidence to the Weld County Department of Health and
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Environment (WCDPHE) that the appropriate financial assurance has
been obtained.
H. Final drainage construction and erosion controls plans (conforming to the
Final Drainage Report) stamped, signed, and dated by a professional
engineer licensed in the State of Colorado shall be submitted with each
plan (phase). These plans (Stormwater Management Plans) shall be
based upon Urban Storm Drainage Criteria Manual methodology, as
modified by Weld County Ordinance #2006-7.
In the event that one 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.
7. Prior to Operation:
A. The applicant shall address the requirements (concerns) of the
Department of Public Works, as stated in the referral response April 10,
2012. Specific items include:
1) Application submittal and acceptance by the Board of County
Commissioners for a Nonexclusive License Agreement for the
Upgrade and Maintenance of Weld County Right-of-Way for
County Road 84, between County Road 55 and County Road 57,
to the injection well site.
2) The Preliminary Drainage Report, prepared and stamped by Steve
Sciscione, P.E. No. 45051, dated February 2012, was submitted
for review. A Final Drainage Report stamped, signed, and dated
by a professional engineer licensed in the State of Colorado is
required and shall conform to Section 24-7-130.D of the Weld
County Code and Ordinance#2006-7.
3) The applicant, Noble Energy, Inc., shall submit written or recorded
evidence that all Noble Road Lease Agreements with adjacent
landowners to reach the alignment of County Road 84, where the
County has 60 feet of right-of-way available to access their
injection well site, have been obtained.
B. The applicant shall submit evidence to the Weld County Department of
Public Health and Environment (WCDPHE), Weld County Planning
Services and the Colorado Oil and Gas Conservation Commission
(COGCC) that the facility was constructed in accordance with application
materials.
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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:'�j ��
, O . r-
Sean P. Con Chair CD
Weld County Clerk to the Board `
E+� W I lam . arc , Pro-Te
BY: �'II u / •��c �: ��
Deputy Clef tot ' Board • �� / r� yju?c%�ti
tG4iPa.a Kirkmeyer
APP ED ' +j USED
✓ ;� V'� ` • avid E. Long
ounty Attorney h
uglas ademach
Date of signature: -7-2`)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DILLARD FAMILY, LLC, C/O NOBLE ENERGY, INC.
USR12-0014
1. The Site Specific Development Plan and Use by Special Review Permit, USR12-00014,
is for an Oil and Gas Support Facility (Class II Oilfield Waste Disposal Facility - Saltwater
Injection Facility) in the A (Agricultural) Zone District, as indicated in the application
materials on file 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. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
4. No disposal of waste, other than produced water piped from wells operated by the
injection well operator, is permitted. Any changes from this approved use may require
an amendment to this Use by Special Review Permit.
5. Recovered crude/condensate loadout operations shall be conducted in a manner which
prevents leakage or discharge onto the ground outside the concrete containment area.
Spill prevention measures shall be employed when making connections and during
loadout operations. Portable containment, such as drip pans, shall be utilized when
working outside the containment area.
6. Any required Spill Prevention Control and Countermeasures Plan (SPCC) shall be
prepared and maintained on the site, per 40 CFR 112.
7. The maximum permissible noise level shall not exceed the light industrial limit of 70
dB(A) measured in accordance with Section 25-12-103, C.R.S.
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
9. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations.
10. The facility shall comply with Colorado Air Quality Control Commission Regulations and
any air permits issued by the Colorado Department of Public Health and Environment,
Air Pollution Control Division.
11. Analytical data on wastes and environmental monitoring data shall be made available to
the Weld County Department of Public Health and Environment, which reserves the right
to require additional extensive monitoring.
12. 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, treated, and removed for final disposal
in a manner that protects against surface and groundwater contamination.
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13. Any contaminated soils on the facility shall be removed, treated, or disposed of in
accordance with all applicable rules and regulations.
14. The facility shall comply with the approved Groundwater Monitoring Plan.
15. All stormwater, which has come into contact with waste materials on the site, shall be
confined on the site.
16. Portable toilets may be utilized and shall be maintained in a sanitary condition. Upon
construction of the office building, an adequate permanent source of water and a
commercial individual sewage disposal system (I.S.D.S.) will be required.
17. Any individual sewage disposal system (I.S.D.S.) on the property shall be permitted,
installed, maintained, and operated in compliance with all provisions of the Weld County
Code, pertaining to I.S.D.S. regulations.
18. The operation shall comply with all applicable rules and regulations of the Colorado Oil
and Gas Conservation Commission, other state and federal agencies, and the Weld
County Code.
19. Weld County shall not be responsible for the maintenance of on-site drainage related
facilities.
20. The property owner will be responsible to excavate, repair, or patch any damage to
County Road right-of-way on the haul route to mitigate for heavy truck traffic volumes.
The type and method of repair will be determined by the Department Public Works. The
applicant will also be required to provide dust abatement during the construction of the
facility.
21. 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.
22. In the event that one or more acres are disturbed during the construction and
development of this site, the applicant shall obtain a Construction Stormwater Discharge
Permit from the Water Quality Control Division of the Colorado Department of Public
Health and Environment.
23. Any lighting, including light from high temperature processes such as welding or
combustion, shall be designed, located, and operated in such manner as to meet the
following standards: sources of light shall be shielded so that beams or rays of light will
not shine directly onto adjacent properties; 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; and no colored lights may be used which may be confused with, or
construed, as traffic control devices.
24. Hours of operation are twenty-four (24) hours each day, seven (7) days per week — 365
days per year.
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25. A building permit will be required for the future office structure and any new construction,
alternation, or addition to any occupied buildings or structures on the property. A code
analysis shall be done on the project by a design professional with experience in this
area.
26. A building permit will be required for any new construction, including metering house and
communication equipment. A building permit application must be completed and two
complete sets of plans, including engineered foundation plans bearing the wet stamp of
a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report performed by a Colorado registered engineer, shall be
required.
27. 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: 2006 International Building Code, 2006 International Mechanical Code, 2006
International Plumbing Code, 2006 International Energy Code, 2006 International Fuel
Gas Code, 2011 National Electrical Code, 2003 ANSI 117.1 Accessibility Code, and
Chapter 29 of the Weld County Code.
28. A plan review shall be approved and a permit must be issued prior to the start of
construction.
29. 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.
30. 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.
31. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
32. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
33. 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.
34. 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
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are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
35. 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.
36. 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.
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