HomeMy WebLinkAbout20071621.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT #1133 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT,
INCLUDING A LIVESTOCK CONFINEMENT OPERATION (A DAIRY OPERATION
WITH A TOTAL OF 9,000 HEAD), AS WELL AS THE EXISTING PERMITTED
ACCESSORY TO THE FARM MOBILE HOMES (6 TOTAL), IN THE
A(AGRICULTURAL) ZONE DISTRICT - FAULKNER DAIRY II, 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 27th day of
June, 2007, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Faulkner Dairy II,LLC,c/o Michael Faulkner,37440 County Road 51,Eaton,Colorado
80615,for a Site Specific Development Plan and Amended Use by Special Review Permit#1133
for an Agricultural Service Establishment, including a Livestock Confinement Operation (a dairy
operation with a total of 9,000 head),as well as the existing permitted Accessory to the Farm Mobile
Homes(6 total), in the A(Agricultural)Zone District on the following described real estate, being
more particularly described as follows:
SW1/4 of Section 29, Township 7 North, Range 64
West of the 6th P.M., Weld County, Colorado
WHEREAS,said applicant was represented by Cody Hollingsworth,AGPROfessionals,LLC,
4350 State Highway 66, Longmont, Colorado 80504, at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Amended 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 amended use is consistent with
Chapter22 and any other applicable Code provisions or ordinance in effect.
Section 22-2-60(A.Goal1)states,"Conserve agricultural land for agricultural
purposes which foster the economic health and continuance of agriculture."
Currently, there is an existing dairy operating on the site. The proposed
amendment is to include a second milk parlor, free stall barns and pens,
2007-1621
PL0591
(2g.' e-, 6J6 ,&t(C) A-7=7 n? / 7 7
AMENDED USE BY SPECIAL REVIEW PERMIT#1133 - FAULKNER DAIRY II, LLC
PAGE 2
manure management facilities,and composting. The total number of cows
associated with the facility will increase from 2,500 head to 9,000 total head.
Section 22-2-60(A.Policyl.1)states"Agricultural zoning will be established
and maintained and promote the County's agricultural industry. Agricultural
zoning is intended to provide areas for agricultural activities and other uses
interdependent upon agriculture." Dairies are considered an agricultural
activity and the proposal is appropriately located in the A(Agricultural)Zone
District where Livestock Confinement Operations(dairies)are allowed as a
Use by Special Review. Section 22-2-60 (A.Policy1.3) states, "Allow
commercial and industrial uses,which are directly related to,or dependent
upon agriculture,to locate within the A(Agricultural)Zone District when the
impact to surrounding properties is minimal,and where adequate services
are currently available and reasonably obtainable. Agricultural businesses
and industries will be encouraged to locate in areas that minimize the
removal of agricultural land from production." Adequate services are
available to this proposal, as the facility will be served by the North Weld
County Water District (for domestic water) and existing water rights to
Larimer and Weld Irrigation and the Windsor Reservoir Company,as well as
individual sewage disposal systems which serve the residences on the site.
The impact to the surrounding properties will be minimal,as ensured by the
Conditions of Approval and Development Standards.
b. Section 23-2-230.6.2--The proposed amended use is consistent with the
intent of the A(Agricultural)Zone District. Section 23-3-40.6.16 of the Weld
County Code provides for an Agricultural Service Establishment primarily
engaged in performing agriculture, animal husbandry, or horticultural
services on a fee or contract basis, including Livestock Confinement
Operations(dairies)as a Use by Special Review in the A(Agricultural)Zone
District.
c. Section 23-2-230.B.3 --The amended uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
properties are all zoned agricultural and many are involved in agricultural
production, including hay production and cattle grazing. There are three
existing residences within 500 feet of the property;one directly north of the
current operation,a second directly south of the current operation,and a third
diagonal to the south and east of the property's southeast corner boundary.
Use by Special Review permits existing in the area include USR-1512 for an
agricultural service establishment approximately 0.25 mile to the northwest,
USR-1145 for an airstrip 0.5 mile to the east, SUP-315 for a hog farm 0.5
mile to the south, SUP-297 for a hog farm one (1) mile to the north, and
AmSup-215 for a recreational facility one (1) mile to the northwest. The
applicant will be required to adhere to specific Development Standards
required by the County, as well as Confined Animal Feeding Operation
(CAFO) Regulations. The Conditions of Approval and Development
Standards will ensure that the amended use will be compatible with existing
surrounding land uses.
2007-1621
PL0591
AMENDED USE BY SPECIAL REVIEW PERMIT#1133 - FAULKNER DAIRY II, LLC
PAGE 3
d. Section 23-2-230.B.4--The amended 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 property, located in a non-urban area, does not lie within the three-mile
referral area of any municipality.
e. Section 23-2-230.6.5--The application complies with Chapter 23,Article V,
of the Weld County Code. Willow Creek and its associated floodplain
occupy the center of this site. No structures are proposed to be constructed
in the floodplain. 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. Effective August 1,2005,building
permits issued on the proposed lots will be required to adhere to the fee
structure of the Capital Expansion Impact Fee and the Stormwater/Drainage
Impact Fee Programs.
f. Section 23-2-230.6.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
amended use. The proposed amended use will cover the entire site,which
is mostly considered Irrigated Land (not Prime), according to the United
States Department of Agriculture(U.S.D.A.)Soil Conservation Map,dated
1979. The current facility occupies the area identified as Prime Irrigated
Land. Dairy facilities are considered an agricultural related use.
g. Section 23-2-230.B.7--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.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Faulkner Dairy II,LLC,fora Site Specific Development Plan
and Amended Use by Special Review Permit#1133 for an Agricultural Service Establishment,
including a Livestock Confinement Operation(a dairy operation with a total of 9,000 head),as well
as the existing permitted Accessory to the Farm Mobile Homes(6 total),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 delineate any on-site sign(s). Signs shall adhere to
Chapter 23, Article IV, Division 2, of the Weld County Code as it relates to
signs in the A (Agricultural) Zone District.
B. The applicant has not indicated that there will be any lighting on the site. If
lighting is intended, a Lighting Plan, including cut sheets of the intended
2007-1621
PL0591
AMENDED USE BY SPECIAL REVIEW PERMIT#1133 - FAULKNER DAIRY II, LLC
PAGE 4
lights, shall be provided to the Department of Planning Services for review
and approval. The Lighting Plan shall adhere to the lighting requirements for
off-street parking spaces, per Section 23-4-30.E of the Weld County Code,
and shall adhere to the lighting standards, in accordance with
Section 23-2-250.D of the Weld County Code. Further,the approved Lighting
Plan shall be delineated on the plat.
C. The applicant shall submit a Landscape/Screening Plan to the Department
of Planning Services for review and approval. The plant material or other
screening shall be placed between the road right-of-way and the proposed
improvements. The buffer strip shall be a minimum of ten (10)feet in width
and run the length of the property line. Upon approval, the
Landscape/Screening Plan shall be placed on the plat.
D. The applicant shall provide both the Weld County Departments of Public
Works and Planning Services with an updated access, site circulation,
loading, and parking plan for review and approval. This plan shall address
the concerns of the Department of Public Works memorandum, dated
March 27, 2007. Written evidence of approval by the Department of Public
Works shall be submitted to the Department of Planning Services.
E. The applicant shall provide the Weld County Department of Public Works
Drainage Division with a copy of the Site Grading and Drainage Plan, for
review and approval. Written evidence of approval shall be submitted to the
Department of Planning Services.
F. The applicant shall either submit,to the Weld County Department of Planning
Services, a copy of an agreement with the property's mineral owners/
operators stipulating that the oil and gas activities have adequately been
incorporated into the design of the site,or show evidence that an adequate
attempt has been made to mitigate the concerns of the mineral owners.
G. The applicant shall provide the Department of Public Health and Environment
with documentation, prepared by a Colorado registered professional
engineer, that existing wastewater impoundments for the Confined Animal
Feeding Operation(CAFO)meet seepage rate standards of Colorado Water
Quality Control Commission Regulation 81 [81.5(2)]. Written evidence of
approval by the Department of Public Health and Environment shall be
provided to the Department of Planning Services.
H. The applicant shall provide evidence to the Department of Public Health and
Environment thata CAFO Colorado Discharge Permit has been applied for,
or obtained, from the Colorado Water Quality Control Division. Written
evidence of approval by the Department of Public Health and Environment
shall be provided to the Department of Planning Services.
2007-1621
PL0591
AMENDED USE BY SPECIAL REVIEW PERMIT #1133 - FAULKNER DAIRY II, LLC
PAGE 5
The applicant shall attempt to address the requirements and concerns of the
Colorado Division of Wildlife, as stated in the referral response dated
November 28, 2006. Written evidence of such shall be submitted to the
Weld County Department of Planning Services.
J. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled AmUSR-1133.
2) The attached Development Standards.
3) The floodplain shall be delineated on the plat as it is shown on the
FEMA FIRM Community Panel Map # 080266 0495 C.
4) The approved access points to the proposed facility.
5) The approved Lighting Plan.
6) Any on-site signs, if applicable.
7) The approved Landscaping/Screening Plan.
8) County Road 51 is designated on the Weld County Road
Classification Plan as a future collector roadway which requires 80
feet of right-of-way at full buildout. There is presently 60 feet of
right-of-way. The applicant shall verify the existing right-of-way and
the documents creating the right-of-way. An additional 10 feet of
right-of-way shall be delineated on the plat as future County Road 51
right-of-way. The additional right-of-way shall be either dedicated or
reserved, and improvements should not encroach within this future
right-of-way.
9) County Road 76 is designated on the Weld County Road
Classification Plan as a local gravel roadway which requires 60 feet
of right-of-way at full buildout. There is presently 60 feet of
right-of-way. The applicant shall verify the existing right-of-way and
the documents creating the right-of-way.
10) Spaces reserved for the parking of vehicles and all loading zones
shall be delineated on the plat. This facility shall adhere to the
number of on-site parking spaces indicated in Appendix 23-B of the
Weld County Code. The number of on-site parking for the facility
shall be twenty eight(28)spaces. Additionally, each residence on
site shall have two (2) parking spaces. In accordance with
Sections 23-3-350.B through D,and Section 23-4-30.C,all parking,
loading areas, and street access drives shall be surfaced with
recycled asphalt,gravel,recycled concrete,asphalt,concrete,or an
2007-1621
PL0591
AMENDED USE BY SPECIAL REVIEW PERMIT #1133 - FAULKNER DAIRY II, LLC
PAGE 6
equivalent material. The plat shall delineate the location and type of
surfacing material. The two parking areas shall be identified on the
plat, with wheel guards or curb stops at both locations to prevent
vehicles from extending beyond the boundaries of the space and
from coming into contact with other vehicles, walls, fences, or
plantings. The location of all curb stops in the parking areas, per
Section 23-4-30.D of the Weld County Code, shall be delineated on
the plat.
11) The applicant shall make a reasonable attempt to meet the
requirements of the American with Disabilities Act(ADA)and comply
with ADA standards for this facility. Two (2) non-ambulatory/
ambulatory parking spaces shall be identified on the plat. The
parking spaces must be the closest possible to the entrance. Should
the applicant elect to not adhere to the previously discussed federal
standards,they shall outline how the proposed site design mitigates
the ADA requirements.
12) The plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code.
2. The applicant shall submit two(2)paper copies of the plat for preliminary approval
to the Weld County Department of Planning Services.
3. Upon completion of Conditions of Approval #1 and #2 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
eighty(180)days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
4. In accordance with Weld County Code Ordinance#2006-7,approved June 1,2006,
should the plat not be recorded within the required one hundred eighty(180)days
from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance charge shall added for each additional three(3)month period.
5. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Amended Use by Special Review. Acceptable CAD formats are
.dwg, .dxf,and.dgn(Microstation);acceptable GIS formats are ArcView shapefiles,
Arclnfo Coverages and Arclnfo Export files format type is.e00. The preferred format
for Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be sent
to maps@co.weld.co.us.
2007-1621
PL0591
AMENDED USE BY SPECIAL REVIEW PERMIT#1133 - FAULKNER DAIRY II, LLC
PAGE 7
6) The Amended Use by Special Review activity shall not occur,nor shall any building
or electrical permits be issued on the property, until the Amended Use by Special
Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 27th day of June, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: LikiI � pv� � XCUSED
1/42 avid E. Long, Chair
Weld County Clerk to th oa . • /' /
/au1 ,� � I William H. Jerke, Pro-Tem
BY: V
De ty CI to the Bo$r RECUSED
Willarcia
AP D AS
)1M(...2, _
Robert D. Mas en
o my Attorney
Douglas ademacher
Date of signature: ---dic "j
2007-1621
PL0591
SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
FAULKNER DAIRY II, LLC
AMUSR#1133
1. The Site Specific Development Plan and Amended Use by Special Review Permit#1133 is
for an Agriculture Service Establishment,primarily engaged in performing agriculture,animal
husbandry, or horticultural services on a fee or contract basis, including Livestock
Confinement Operations(a dairy operation with a total of 9,000 head),as well as the six(6)
existing permitted Accessoryto the Farm Mobile Homes,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 propertyowner or operator shall be responsible for complying with Section 23-4-170 of
the Weld County Code in regards to the Accessory to the Farm Mobile Homes.
4. Manufactured(Mobile)homes on the site shall not be allowed to deteriorate to the point of
becoming a Derelict Manufactured(Mobile)Home,as defined in Section 23-1-90 of the Weld
County Code.
5. As stated in the application materials, the operation shall be limited to seventy-five (75)
employees.
6. The hours of operation are 24 hours per day, 365 days per year. Equipment operations,
trucks, farming activities, and maintenance activities, other than emergencies, will occur
primarily during daylight hours, as stated in the application materials.
7. The facility shall operate in compliance with Colorado Water Quality Control Commission
Regulation Number 81. Documentation provided by a Colorado registered professional
engineer shall be provided as evidence that all newly constructed wastewater facilities for
the confined animal feeding operation will meet seepage rate standards of Colorado Water
Quality Control Commission Regulation Number81. This documentation shall be submitted
to the Weld County Department of Public Health and Environment prior to operation. The
applicant shall provide evidence that a standard operating procedure for sludge and manure
removal for all newly constructed wastewater facilities has been submitted to,and approved
by, the Colorado Water Quality Control Division within 180 days of placing animals in the
production area.
8. The facility shall maintain CAFO Colorado Discharge Permit coverage and operate in
compliance with Colorado Water Quality Control Commission Regulation Number 61.
There shall be no discharge of manure or process wastewater to surface waters,except as
provided in the facility's CAFO Colorado Discharge Permit.
9. Manure and process wastewater shall be applied at agronomic rates and in accordance with
the Nutrient Management Plan or Manure and Wastewater Management Plan. There shall
be no discharge from land application areas except for agricultural stormwater.
2007-1621
PL0591
DEVELOPMENT STANDARDS - FAULKNER DAIRY II, LLC (AMUSR#1133)
PAGE 2
10. An Individual Sewage Disposal System (I.S.D.S.) is required for sewage flow from the
proposed milk parlor and must be designed by a Colorado registered professional engineer
and in accordance with Weld County I.S.D.S. Regulations. Any I.S.D.S. on the property
shall be permitted, installed, maintained, and operated in compliance with Weld County
I.S.D.S. Regulations.
11. The facility shall be operated and maintained in a manner to prevent nuisance conditions.
The facility shall comply with alleged violations identified in the Compliance Advisory letter
issued by the Colorado Department of Public Health and Environment,Water Quality Control
Division,dated March 6,2007,(Certified Mail Number 7005 1820 0000 3209 7419)and any
subsequent Notice of Violation,Cease and Desist Order,Clean-up Order or any other order
issued by the Colorado Department of Public Health and Environment.
12. The facility shall control fugitive dust on this site and operate in accordance with the current
approved Management Plan for Nuisance Control.
13. The facility shall be operated in a manner to control pests. The facility shall be operated in
accordance,at all times,with the current approved Management Plan for Nuisance Control.
Additional control measures shall be implemented, at the request of the Weld County
Department of Public Health and Environment, in the event that rodents, which can be
determined to be associated with the facility, are in such a number to be considered a
nuisance condition.
14. The facility shall be operated in a manner to control flies. The facility shall be operated in
accordance,at all times,with the current approved Management Plan for Nuisance Control.
Additional fly control measures shall be implemented at the request of the Weld County
Department of Public Health and Environment, in the event that flies, which can be
determined to be associated with the facility, are in such a number to be considered a
nuisance condition. Additional controls shall also be implemented in the event the Weld
County Department of Public Health and Environment receives a significant number of fly
complaints associated with the facility, and in the judgment of the Weld County Health
Officer, there exists a fly condition requiring abatement.
15. The facility shall be operated in accordance with the approved Nuisance Control Plan.
Odors detected off the site shall not equal, or exceed, the level of fifteen-to-one dilution
threshold,as measured using methods set forth in Regulation 2 of the Colorado Air Pollution
Control Regulations. Additional controls shall be implemented,at the request of the Weld
County Department of Public Health and Environment, in the event odor levels detected off
the site meet,or exceed, the level of fifteen-to-one dilution threshold,or in the judgment of
the Weld County Health Officer, there exists an odor condition requiring abatement.
16. The applicant shall remove, handle, and stockpile manure from the livestock area in a
manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist
or deteriorate to a condition that facilitates excessive odors,flies, insect pests,or pollutant
runoff. The surface beneath the manure storage areas shall be of materials which are
protective of State waters. These areas shall be constructed to minimize seepage or
percolation of manure-contaminated water. In no event shall the facility impact or degrade
2007-1621
PL0591
DEVELOPMENT STANDARDS - FAULKNER DAIRY II, LLC (AMUSR#1133)
PAGE 3
waters of the State in violation of Colorado Water Quality Control Commission Regulation
Number 81.
17. The facility shall operate in compliance with applicable Colorado Air Quality Control
Commission Regulations. There shall be no open burning, except "agricultural open
burning" as defined by Colorado Air Quality Control Commission's Regulation 9.
18. There shall be no permanent disposal of solid wastes, as defined in the Regulations
Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), at this site.
19. The facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone District, as delineated in Section 25-12-103, C.R.S.
20. Waste materials, not specifically addressed by other Development Standards, shall be
handled,stored,and disposed of in a manner that controls fugitive dust,blowing debris,and
other potential nuisance conditions.
21. If required, a Stormwater Discharge Permit shall be obtained from the Colorado Water
Quality Control Division for construction activities.
22. 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.
23. Effective August 1, 2005, building permits issued on the proposed lots will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
24. A building permit shall be obtained prior to the construction of any structure. A grading
permit is required for grading and excavation of any new lagoons.
25. A letter of approval from the Galeton Fire Protection District shall be provided to the Weld
County Department of Building Inspection prior to construction of any structure.
26. The property owner or operator shall be responsible for complying with the Supplementary
Regulations Regarding Livestock Confinement Operations(Section 23-4-350 of the Weld
County Code).
27. The property owner or operator shall be responsible for complying with the Miscellaneous
Regulations Regarding Livestock Feeding Performance Standards(Section 23-4-710 of the
Weld County Code).
28. The property owner acknowledges that mineral owners and lessees have real property
interests that entitle them to surface use in accordance with Colorado State Statutes and
applicable Colorado Oil and Gas Conservation Commission Regulations.
29. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration development,completion,recompletion,re-entry,production,and
2007-1621
PL0591
DEVELOPMENT STANDARDS - FAULKNER DAIRY II, LLC (AMUSR #1133)
PAGE 4
maintenance operations associated with existing or future operations located on these
lands.
30. All signs shall adhere to Chapter 23, Article IV, Division 2, of the Weld County Code, as it
relates to signs in the A (Agricultural) Zone District.
31. The applicant shall adhere to the approved Lighting Plan. 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.
32. The applicant shall adhere to the proposed Landscaping/Screening Plan. Landscaping and
screening materials, as indicated in the approved Plan, shall be maintained at all times.
Dead or diseased plant materials shall be replaced with materials of similar quantity and
quality at the earliest possible time.
33. 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.
34. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
35. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
36. 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.
37. Any disturbance of wetlands or stream beds shall require the applicant to contact the Army
Corps of Engineers (referencing Corps File Number 199680975)for permits pursuant to
Section 404 of the Clean Water Act.
38. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
39. The Amended 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.
2007-1621
PL0591
Hello