HomeMy WebLinkAbout20123392.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0056, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (CRUDE OIL
TRUCK UNLOADING AND OIL POLISHING FACILITY, COMPRESSOR FACILITY,
CENTRAL PROCESSING FACILITY, TANK AND PIPELINE STORAGE, AND
FUTURE WATER RECYCLING FACILTY) IN THE A (AGRICULTURAL) ZONE
DISTRICT - LEONARD AND TAMMIE BALL, C/O NOBLE ENERGY,
INC./WATTENBERG HOLDING, LLC
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 12th day
of December, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Leonard and Tammie Ball, 43510 County Road 69, Briggsdale,
Colorado 80611, c/o Noble Energy, 2115 117th Avenue, Greeley, Colorado 80634, c/o
Wattenberg Holding, LLC, 3030 NW Expressway, Suite 1100, Oklahoma City, Oklahoma 73112,
for a Site Specific Development Plan and Use by Special Review Permit, USR12-0056, for a
Mineral Resource Development Facility, including an Oil and Gas Support and Service Facility
(crude oil truck unloading and oil polishing facility, compressor facility, central processing facility,
tank and pipeline storage, and future water recycling facility in the A (Agricultural) Zone District,
on the following described real estate, being more particularly described as follows:
E1/2 NE1/4 of Section 25, Township 8 North,
Range 63 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Julie Cozad, Tetra Tech,
1900 S. Sunset, Suite 1F, Longmont, Colorado 80501, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special ecial 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.
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SPECIAL REVIEW PERMIT (USR12-0056) - LEONARD AND TAMMIE BALL, CIO NOBLE
ENERGY/WATTENBERG HOLDING, LLC
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1) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial and industrial
uses should be accommodated when the subject site is in an area
that can support such development, and should attempt to be
compatible with the region."
2) 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."
3) 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."
4) Section 22-2-100. A.2 (OG.Policy 1.2) states: "Oil and gas support
facilities which do not rely on geology for locations should locate in
commercial and industrial areas, when possible, and should be
subject to review in accordance with the appropriate sections of
this Code." The proposed oil and gas support facility is located in
a rural area. The nearest residence is located approximately .5
mile to the west of the site and the next nearest residence is
located approximately 1.25 miles to the east of the site. The
Townsite of Briggsdale is located approximately two (2) miles east
of the site. The 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.
B. Section 23-2-230.B.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 allows mineral resource development facilities, oil and gas support
and service facilities, including oil and gas support facilities 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 located in
a rural area. The nearest residences are located approximately .5 mile to
the west and 1.25 miles to the east of the site. One e-mail has been
received from a surrounding property owner expressing concerns with
traffic from the facility utilizing County Road (CR) 69. The facility is
proposing to access directly onto State Highway 14, and CR 69 is located
approximately 1.5 miles west of the site. The attached Conditions of
Approval and Development Standards (Noise limits and the requirement
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ENERGY/WATTENBERG HOLDING, LLC
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that the applicant submit a Lighting Plan) will address and mitigate
impacts on the surrounding area.
D. Section 23-2-230.6.4 -- 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 the three-mile referral area of
any incorporated municipality.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The site is not located within a
recognized overlay district, including the Geologic Hazard Overlay
9
District, floodplain and Airport Overlay District. Effective April 25, 2011,
building permits issued on the property 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 property will be required to
adhere to the fee structure of the County Facility Fee and Drainage
Impact Fee Programs.
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 facility is proposed to be located on land designated
as "Prime If Irrigated" and "Other" according to the Important Farmlands
Map of Weld and Larimer Counties. The parcel is not in agricultural
production.
G. Section 23-2-230.B.7 — 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 Leonard and Tammie Ball, do Noble
Energy/Wattenberg Holding, LLC, for a Site Specific Development Plan and Use by Special
Review Permit, USR12-0056, for a Mineral Resource Development Facility, including an Oil and
Gas Support and Service Facility (crude oil truck unloading and oil polishing facility, compressor
facility, central processing facility, tank and pipeline storage, and future water recycling 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 plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0056.
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SPECIAL REVIEW PERMIT (USR12-0056) - LEONARD AND TAMMIE BALL, C/O NOBLE
ENERGY/WATTENBERG HOLDING, LLC
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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) Access to the site will be from State Highway 14. The application
has been submitted and approved by CDOT (permit #412073).
The applicant shall show and label, on the Site Plan, the proposed
access width and the turning radiuses into the site; 45-60 feet
radiuses required to accommodate trucks and all CDOT
improvements needed.
6) Weld County has 30 feet of unmaintained right-of-way (30 feet in
Section 25, Township 8 North, Range 63 West and no
right-of-way) in Section 30, Township 8 North, Range 62 West,
along CR 73 section line alignment. The applicant will verify, show
and label all existing rights-of-way on the plat.
7) The approved Lighting Plan.
8) The approved Sign Plan.
9) A total of 100 feet from the centerline of State Highway 14 shall be
indicated as "edge of future State Highway 14 right-of-way."
B. The applicant shall address the requirements of the Department of Public
Works, as stated in the referral dated September 7, 2012. The applicant
shall address the following requirements:
1) Provide a Drainage Report that follows the USR-SPR Drainage
Report Checklist and a complete set of construction drawings that
have been stamped, signed, and dated by a Colorado registered
professional engineer and approved by the Department of Public
Works. Comments from the review of the submitted Drainage
Report must be addressed in the resubmitted Drainage Report
and on the construction drawings.
2) The applicant shall enter into an Improvements Agreement and
post collateral for all on-site and off-site improvements. The
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SPECIAL REVIEW PERMIT (USR12-0056) - LEONARD AND TAMMIE BALL, C/O NOBLE
ENERGY/WATTENBERG HOLDING, LLC
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improvements agreement and collateral shall be accepted by the
Board of County Commissioners prior to recording the plat.
C. The applicant shall submit evidence of an Air Pollution Emission Notice
(A.P.E.N.) and Emissions Permit application from the Air Pollution Control
Division (APCD), Colorado Department of Public Health and
Environment, to the Environmental Health Services Division of the Weld
County Department of Public Health and Environment (WCDPHE).
Alternately, the applicant may provide evidence from the APCD that they
are not subject to these requirements.
D. The applicant shall submit evidence of an Aboveground Storage Tank
Permit from the Colorado Department of Labor and Employment (CDLE),
Oil Inspection Section, for any aboveground storage tanks located on the
site. Alternately, the applicant can provide evidence from the CDLE, Oil
Inspection Section, that they are not subject to these requirements.
E. The applicant shall submit an updated Dust Abatement Plan, for approval,
to WCDPHE. The plan shall include, at a minimum, the following:
1) Specify all areas that will consist of asphalt. Stipulate interior
roads will be gravel or asphalt. Indicate that water will be added
as a dust control measure, if necessary.
F. The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval.
G. The applicant shall submit a Sign Plan to the Department of Planning
Services for all Facility identification signs, including location and size.
H. An executed lease agreement between Noble Energy, Inc., and
Wattenberg, Holding, LLC, shall be provided to the Department of
Planning Services.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
three (3) paper copies of the plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the paper copies, 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.
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SPECIAL REVIEW PERMIT (USR12-0056) - LEONARD AND TAMMIE BALL, C/O NOBLE
ENERGY/WATTENBERG HOLDING, LLC
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3. 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 be added for each additional three (3)
month period.
4. 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.
5. 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,
unless a stipulated agreement for early release of building and/or electrical
permits is approved by the Department of Planning Services.
6. Prior to Construction:
A. Building permits will be required for the Oil and Gas Support and Service
Facility and associated buildings and equipment. 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. A
Geotechnical Engineering Report performed by a Colorado registered
engineer shall be required or an Open Hole Inspection.
B. Buildings, equipment 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.
C. A plan review shall be approved, and a permit must be issued, prior to the
start of construction.
D. 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.
E. 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
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SPECIAL REVIEW PERMIT (USR12-0056) - LEONARD AND TAMMIE BALL, CIO NOBLE
ENERGY/VVATTENBERG HOLDING, LLC
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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.
F. A detailed design and operations plan for the truck thaw building shall be
submitted to the WCDPHE, for review and approval. The design shall
demonstrate how all spilled waste, stormwater and wash down water will
be contained. The design shall also include the method to prevent
leakage. A leak detection system shall be designed and installed
beneath the washout bay. The truck washout shall be constructed and
operated in accordance with the approved design.
7. Prior to the Issuance of 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. A signed copy of the Spill Prevention, Control and Countermeasure Plan
shall be provided to the Environmental Health Services Division of the
Weld County Department of Public Health and Environment.
C. The applicant shall address the requirements of the Colorado Division of
Water Resources, as stated in the referral dated August 15, 2012. The
applicant shall submit an approved well permit for the proposed
operation.
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SPECIAL REVIEW PERMIT (USR12-0056) - LEONARD AND TAMMIE BALL, C/O NOBLE
ENERGY/WATTENBERG HOLDING, LLC
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of December, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
aw+a ;)t.: .....4;CC G- Sean P. •on- ay, Chair
Weld County Clerk to a Board
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Date of signatuilAN 1 7 2013
2012-3392
PL2191
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LEONARD AND TAMMIE BALL
CIO NOBLE ENERGY/WATTENBERG HOLDING, LLC
USR12-0056
1. A Site Specific Development Plan and Use by Special Review Permit, USR12-0056, is
for a Mineral Resource Development Facility, including an Oil and Gas Support and
Service Facility (crude oil truck unloading and oil polishing facility, compressor facility,
central processing facility, tank and pipeline storage, and future water recycling facility)
in the A (Agricultural) Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The number of full-time, on-site employees shall be limited to five (5), as stated in the
application materials.
4. The facility operates twenty-four (24) hours a day, seven (7) days a week.
5. Specific plans for the non-commercial water recycling facility will be required to be
submitted and reviewed by Weld County and the Colorado Oil and Gas Conservation
Commission. The water recycling facility component may require a minor amendment to
this USR.
6. 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.
7. 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.
8. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
9. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
10. The Spill Prevention, Control and Countermeasure Plan shall be available on the site, at
all times.
11. The applicant shall comply with all provisions of the Underground and Aboveground
Storage Tank Regulations.
12. 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.
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ENERGYNVATTENBERG HOLDING, LLC
PAGE 2
13. 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.
14. The operation shall comply with all applicable oil and gas operations regulated by the
Colorado Oil and Gas Conservation Commission.
15. In accordance with the Underground and Aboveground Storage Tank Regulations
(7 CCR 1101-14), a spillage retention berm shall be constructed around the
aboveground fuel tanks. The volume retained by the spillage berm should be greater
than the volume of the largest tank inside the berm. Alternative protective measures
may be allowed, provided they comply with the Aboveground Storage Tank Regulations.
16. The truck thaw building shall be operated in accordance with the approved Design and
Operations Plan.
17. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
18. Any petroleum contaminated soils on the facility shall be removed, treated or disposed of
in accordance with all applicable rules and regulations.
19. 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.
20. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
21. This application is proposing a well as its source of water. The applicant should be
made aware that while they may be able to obtain a well permit from the Office of the
State Engineer, Division of Water Resources, the quantity of water available for usage
may be limited to specific uses (i.e. inside use only). Also, the applicant should be made
aware that groundwater may not meet all drinking water standards as defined by the
Colorado Department of Public Health and Environment. The applicant is strongly
encouraged to test the drinking water prior to consumption and periodically test it over
time.
22. Adequate hand washing and toilet facilities shall be provided for employees and patrons
of the facility, at all times.
23. 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.
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DEVELOPMENT STANDARDS (USR12-0056) - LEONARD AND TAMMIE BALL, CIO NOBLE
ENERGY/WATTENBERG HOLDING, LLC
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24. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division.
25. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
26. A building permit may be obtained prior to the construction of any new structures.
Currently, the following have been adopted by Weld County: 2006 International Building
Code, 2006 International Mechanical Code, 2006 International Plumbing Code, 2006
International Fuel Gas Code, 2011 National Electrical Code and Chapter 29 of the Weld
County Code.
27. The applicant shall provide a letter of notification from the Briggsdale Fire Protection
District prior to any new construction.
28. Effective April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
29. Effective April 25, 2011, 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.
30. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
32. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any
light source may create a traffic hazard to operators of motor vehicles on public or
private streets. No colored lights may be used which may be confused with, or
construed as, traffic control devices.
33. 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.
34. 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.
35. 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
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DEVELOPMENT STANDARDS (USR12-0056) - LEONARD AND TAMMIE BALL, C/O NOBLE
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PAGE 4
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
36. 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.
37. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices (BMPs).
38. Weld County is not responsible for the maintenance of on-site drainage related features.
39. 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.
40. 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.
41. 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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