HomeMy WebLinkAbout20083235.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1672 FOR OPEN PIT MINING AND MATERIALS PROCESSING(DRY MINING)
OF CONSTRUCTION MATERIALS IN THE A (AGRICULTURAL) ZONE DISTRICT -
JACK AND SHIRLEY FISCUS,C/O WELD COUNTY DEPARTMENT OF PUBLIC WORKS
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 17th day of
December, 2008, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Jack and Shirley Fiscus, 9284 County Road 2.5, Merino, Colorado
80741, c/o the Weld County Department of Public Works, P.O. Box 758, Greeley, Colorado 80631,
for a Site Specific Development Plan and Use by Special Review Permit#1672 for Open Pit Mining
and Materials Processing(dry mining)of Construction Materials in the A(Agricultural)Zone District,
on the following described real estate, being more particularly described as follows:
Part of the N1/2 of Section 7, Township 10 North,
Range 57 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by David Bauer, Department of Public Works,
at said hearing, 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 ordinances in effect.
1) Section 22-5-80.B(CM.Goal 2)states,"Promote the reasonable and
orderly development of mineral resources." According to the Weld
County Sand and Gravel Resources Map, dated July 1, 1975, the
site is classified as U-3 (Upland deposits - sands ranging from
coarse gravelly stream sands to fine grained wind deposited dune
sands). The application materials indicate the County has obtained
2008-3235
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SPECIAL REVIEW PERMIT #1672 - JACK AND SHIRLEY FISCUS, CIO WELD COUNTY
DEPARTMENT OF PUBLIC WORKS
PAGE 2
the DMG Permit 2007-038, a 112 permit for the north mine (Fiscus
Gravel Pit). The estimated thickness of gravel-bearing zones varies
from between 0 and 40 feet thick at the Fiscus North site. The pit
will be mined in a northeast direction following the ridge of gravel in
approximately two phases. The material will be transported to the
gravel processing area, crushed, and stockpiled for future and
immediate graveling needs in the area. Prior to mining, overburden
of the topsoil will be stockpiled directly north of the gravel processing
area.
2) Section 22-5-80.C (CM.Goal 3) states, "Minimize the impacts of
surface mining activities on surrounding land uses, roads, and
highways." The applicant shall submit a Landscape (seeding) Plan
that specifically addresses wind and water erosion of disturbed
areas and wind erosion of stockpiled materials. Further, the
applicant shall demonstrate that the impacts to County Road 120
from these processes will have a minimal impact to the road for the
traveling public. The application materials indicate that Drainage
and Erosion Control Plans are in place to control runoff from the
processing area. Dust control will be accomplished by utilizing the
County water truck assigned to the mining operation to control the
on-site dust and the haul roads. Further, the County has indicated
that a Stormwater Management Plan (SWMP) and Best
Management Practices (BMP) Plan are in place, along with the
erosion control methods to be used at the mining site.
3) Section 22-5-80.D.1.h (CM.Policy 4.1.8)states, "Require all mining
operations conform to federal, state, and local environmental
standards."
4) Section 22-5-80.D.1.e (CM.Policy 4.1.5) states, "Require, where
possible, that batch plants and processing equipment be buffered
from adjacent uses." Sand and gravel processing equipment and
stockpiles will be located southeast of the mined area and below the
crest of the ridgeline, thus reducing visual and noise impacts to
surrounding properties and public rights-of-way.
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.3 of the Weld County Code
provides for a Site Specific Development Plan and Use by Special Review
Permit for a Mineral Resource Development Facility, including Open Pit
Mining and Materials Processing (dry mining) 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 currently utilized as
un-irrigated pasture and grasslands and is surrounded by the same in all
directions. The nearest residence is located approximately 3,850 feet south
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SPECIAL REVIEW PERMIT #1672 - JACK AND SHIRLEY FISCUS, CIO WELD COUNTY
DEPARTMENT OF PUBLIC WORKS
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of the proposed mine location. The application materials indicate sand and
gravel processing equipment and stockpiles will be located southeast of the
mined area and below the crest of the ridgeline, thus reducing visual and
noise impacts to surrounding properties. The application materials indicate
that concurrent reclamation consists of re-grading and placement of topsoil
materials. Reseeding will be done with plant-type seed mixes. Final site
reclamation costs includes the cost of native dry land grass seed and mulch.
The Department of Planning Services is requiring a Landscape Plan be
submitted to address environmental impacts associated with wind and water
erosion of disturbed areas and wind erosion of stockpiled materials, and to
review the proposed seed mix to maintain the native grass and herbaceous
plant material species. Access is from County Road 120 onto the privately
maintained Fiscus Ranch Road, through a cattle guard or gate entrance.
The haul road will be graded and drained and capable of supporting heavy
hauling and provide an all-weather access to the 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 mining location is not within the urban growth boundary
area or three-mile referral area for any municipality. The nearest
municipality is New Raymer, which is approximately 16.5 miles from the
facility.
e. Section 23-2-230.B.5 --The application complies with Section 23-5-230 of
the Weld County Code. The proposed facility does not lie in a FEMA
designated floodplain or floodway. The closest named creek is over two
miles away. A FIRM Community Panel Map does not map this location,
therefore,a Flood Hazard Development Permit will not be required. Building
permits will be required to adhere to the following fees. Effective January 1,
2003, building permits issued on the subject site will be required to adhere
to the fee structure of the County-Wide Road Impact Fee Program.
Effective August 1, 2005, building permits issued on the subject site will be
required to adhere to the fee structure of the Capital Expansion Impact Fee
and the Stormwater/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. The subject site is primarily classified"Other Lands,"as delineated on
the Important Farmlands of Weld County Map, dated 1979.
Section 22-5-80.A.1 (CM.Policy 1.1) states, "Access to future mineral
resource development areas should be considered in all land use decisions
in accordance with state law. No county governmental authority which has
control over zoning shall, by zoning, rezoning, granting a variance, or other
official action or inaction, permit the use of any area known to contain a
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SPECIAL REVIEW PERMIT #1672 - JACK AND SHIRLEY FISCUS, C/O WELD COUNTY
DEPARTMENT OF PUBLIC WORKS
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commercial mineral deposit in a manner which would interfere with the
present or future extraction of such deposit by an extractor."
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the 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.
h. Section 23-4-250 -- Additional requirements for Open Mining have been
addressed through this application, and the Development Standards will
ensure compliance with Section 23-4-250 of the Weld County Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the application of Jack and Shirley Fiscus,c/o the Weld County Department
of Public Works, for a Site Specific Development Plan and Use by Special Review Permit#1672
for Open Pit Mining and Materials Processing (dry mining) of Construction Materials 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 a detailed Signage Plan to the Department of
Planning Services in compliance with the Weld County Code.
B. County Roads 120 and 133 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, and delineate on the
plat, the existing right-of-way and the documents creating the right-of-way.
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.
C. A 30-foot-wide joint access and utility easement,extending across lands not
associated with the Permit Boundary area from County Road 120, for the
benefit of the Fiscus Ranch and Weld County Department of Public Works
mine location and lands within the permit boundary area, shall be shown
clearly on the plat. The joint easement shall be dedicated for the use, as
shown, using the language set forth in the Weld County Code,
Appendix 24-F.2. The easement shall be graded and drained to provide
all-weather access.
D. The applicant shall submit evidence of a Colorado Discharge Permit System
(CDPS)from the Water Quality Control Division of the Colorado Department
of Public Health and Environment for any proposed discharge into state
waterways, if applicable. Evidence of approval shall be submitted to the
Departments of Planning Services, and Public Health and Environment.
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SPECIAL REVIEW PERMIT #1672 - JACK AND SHIRLEY FISCUS, C/O WELD COUNTY
DEPARTMENT OF PUBLIC WORKS
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E. The applicant shall address the requirements and concerns of the
Department of Public Works, as stated in the referral response dated
October 17,2008. Evidence of approval shall be submitted, in writing,to the
Department of Planning Services.
F. The applicant shall complete all proposed improvements, including those
regarding access improvements,or,enter into an Improvements Agreement
According to Policy Regarding Collateral for Improvements and post
adequate collateral for all required materials. The agreement and form of
collateral shall be reviewed by County staff and accepted by the Board of
County Commissioners prior to recording the plat.
G. 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. A copy of the permit
application shall be submitted to the Environmental Health Services Division
of the Weld County Department of Public Health and Environment.
Alternately, the applicant may provide evidence that it is not subject to this
requirement. Evidence of approval shall be submitted to the Department of
Planning Services.
H. The applicant shall submit a Dust Abatement Plan,for review and approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. Evidence of Health
Department approval shall be provided to the Department of Planning
Services.
The applicant shall submit a Noise Control Plan,for review and approval, to
the Environmental Health Services Division of the Weld County Department
of Public Health and Environment. Evidence of Health Department approval
shall be provided to the Department of Planning Services.
J. The applicant shall submit evidence of an Aboveground Storage Tank
Permit from the Colorado Department of Labor and Employment(CDL&E),
Oil Inspection Section, for any aboveground storage tanks located on the
site. Alternately, the applicant may provide evidence from the(CDL&E), Oil
Inspection Section, that it is not subject to these requirements.
K. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1672.
2) The location and size of any on-site signs.
3) The approved Landscape Plan.
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SPECIAL REVIEW PERMIT #1672 - JACK AND SHIRLEY FISCUS, C/O WELD COUNTY
DEPARTMENT OF PUBLIC WORKS
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4) If exterior lighting is a part of this facility, all light standards shall be
delineated in accordance with Section 23-3-250.B.6 of the Weld
County Code.
5) Oil and gas encumbrances, including gathering lines with
appropriate setbacks, shall be delineated on the plat.
6) Section 23-3-250.A.6 of the Weld County Code addresses the issue
of trash collection areas. Areas used for storage or trash collection
shall be screened from adjacent public rights-of-way and all adjacent
properties. These areas shall be designed and used in a manner
that will prevent trash from being scattered by wind or animals.
2. Prior to operations commencing:
A. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than, or equal to, one acre in area. The applicant
shall contact the Colorado Department of Public Health and Environment,
Water Quality Control Division, at www.cdphe.state.co.us/wq/PermitsUnit,
for more information.
B. The applicant shall submit an approved Air Pollution Emission Notice
(A.P.E.N.) and Emissions Permit from the Air Pollution Control Division of
the Colorado Department of Public Health and Environment, if applicable.
Evidence of such shall be provided to the Departments of Planning
Services, and Public Health and Environment.
C. 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.
D. 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 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 thirty(30) days from the date of the
Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
E. The applicant shall be responsible for adopting and placing the attached
Development Standards on the Use by Special Review plat prior to
recording. The completed plat shall be delivered to the Weld County
Department of Planning Services and be ready for recording in the Weld
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SPECIAL REVIEW PERMIT #1672 - JACK AND SHIRLEY FISCUS, C/O WELD COUNTY
DEPARTMENT OF PUBLIC WORKS
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County Clerk and Recorder's Office within 60 days of approval by the Board
of County Commissioners.
F. In accordance with Weld County Code Ordinance #2005-7, approved
June 1, 2005, should the plat not be recorded within the required thirty(30)
days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall added for each additional three
(3) month period.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 17th day of December, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
� • WELD COIF_ YYCOLORADO
ATTEST: �#' ••.'"J r
sr, L f, ' Willm HJer,(ce, Chair
Weld County Clerk to ei O( ys,j_� .#U\�flfpUlpl�,pJJv._
%C Robert D. Masden, Pro-Tem
BY:
Deputy Clerk the me
W am F. Garcia
APPROVED A$S(3O : f
David E. Long
`,County Attorney
Douglas ademache
Date of signature: 3/4:2s72,4
2008-3235
PL1984
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JACK AND SHIRLEY FISCUS
CIO WELD COUNTY DEPARTMENT OF PUBLIC WORKS
USR#1672
1. A Site Specific Development Plan and Use by Special Review Permit#1672 is for a Mineral
Resource Development Facility, including Open Pit Mining and Materials Processing (dry
mining) of Construction Materials in the A (Agricultural) Zone District, 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. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum
washing and the washing of vehicles in accordance with the rules and regulations of the
Water Quality Control Commission, and the Environmental Protection Agency.
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. The facility shall
operate in accordance with the approved Noise Control Plan at all times.
9. Adequate hand washing and toilet facilities (bottled water and portable toilets) shall be
provided for all personnel located at, or entering onto, the facility.
10. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
11. Portable toilets may be utilized on sites that are temporary locations of the working face and
where the portable processing equipment is located.
12. Bottled water shall be provided to employees at the temporary locations of the working face
and portable processing equipment at all times.
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DEVELOPMENT STANDARDS - JACK AND SHIRLEY FISCUS, C/O WELD COUNTY
DEPARTMENT OF PUBLIC WORKS (USR #1672)
PAGE 2
13. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel from
the facility area in a manner that will prevent nuisance conditions.
14. All pesticides, fertilizer, and other 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 and volatile organic compounds.
15. The applicant shall obtain a Stormwater Discharge Permit from the Colorado Department
of Public Health and Environment, Water Quality Control Division, as applicable.
16. The operation shall comply with all applicable rules and regulations of the Colorado Division
of Mining, Reclamation and Safety.
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. 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 constructed as,
traffic control devices.
19. The hours of operation for sand and gravel operations are limited to the hours of daylight,
except in the case of public or private emergency or to make necessary repairs to
equipment. Mining and hauling shall occur between the hours of 6:00 a.m. and 4:30 p.m.,
during summer months, and between the hours of 7:00 a.m. and 3:30 p.m., during winter
months. Operation may be extended with specific permission from the Weld County Board
of County Commissioners. This restriction shall not apply to operation of administrative and
executive offices or repair and maintenance facilities located on the property.
20. The number of employees on the site at one time shall not exceed twenty (20).
21. Existing trees and ground cover along public roads shall be preserved, maintained, and
supplemented, if necessary, for the depth of the setback in order to protect against and/or
reduce noise, dust, and erosion.
22. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the
reclaimed areas.
23. 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 Section 15-1-180 of the Weld County Code.
24. 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.
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DEVELOPMENT STANDARDS - JACK AND SHIRLEY FISCUS, C/O WELD COUNTY
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PAGE 3
25. The site must take into consideration stormwater capture/quantity and provide accordingly
for Best Management Practices.
26. A 40-foot radius is required on all accesses to public roads for accesses designed to
accommodate truck traffic.
27. The applicant shall comply with all Colorado Department of Public Health and
Environmental (CDPHE) regulations regarding berming and spill prevention for materials
and liquids stored on the site.
28. The applicant shall 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.
29. The landscaping on the site shall be maintained in accordance with the approved
Landscape Plan.
30. 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.
31. A building plan review shall be approved, and a building permit must be issued, prior to the
start of construction.
32. Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of permit application.
33. A letter of approval from the New Raymer Fire Protection District is required prior to the
issuance of building permits.
34. Effective January 1, 2003, building permits issued on the proposed lots will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
35. Effective August 1, 2005, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
36. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
37. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
38. The property owner or operator shall be responsible for complying with the Open Mining
Standards of Section 23-4-250 of the Weld County Code.
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DEVELOPMENT STANDARDS - JACK AND SHIRLEY FISCUS, C/O WELD COUNTY
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39. Weld County Government personnel 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
Development Standards stated herein and all applicable Weld County regulations.
40. 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.
41. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special
Review has not commenced from the date of approval, or is discontinued for a period of
three (3) consecutive years, it shall be presumed inactive. The County shall initiate an
administrative hearing to consider whether to grant an extension of time to commence the
use or revoke the Use by Special Review Permit. If the Use by Special Review is revoked,
it shall be necessary to follow the procedures and requirements of Chapter 23, Division 4,
of the Weld County Code in order to reestablish any Use by Special Review.
42. 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.
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