HomeMy WebLinkAbout962276.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED
SPECIAL REVIEW PERMIT#972 FOR ADDITION OF COMPOSTING AND
RECYCLING FACILITIES, PERIMETER BERM, RELOCATION OF SEDIMENT BASIN,
AND REVISION TO CELL C FOR AN EXISTING SOLID WASTE DISPOSAL SITE -
LAIDLAW WASTE SYSTEMS (COLORADO), 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 18th day
of December, 1996, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Laidlaw Waste Systems (Colorado), Inc., for a Site Specific
Development Plan and Second Amended Special Review Permit#972 for the addition of
composting and recycling facilities, perimeter berm, relocation of sediment basin, and revision
to Cell C for an existing solid waste disposal site, on the following described real estate, to-wit:
Part of Section 29, Township 1 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Fred Otis, Attorney, at said hearing, and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards
for review of said 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 recommendations 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 24.7 of the Weld County Zoning Ordinance.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as
follows:
a. Section 24.3.1.1 -- That the proposal is consistent with the Weld County
Comprehensive Plan. This proposal is consistent with Environmental
Quality Goal 3 which states: "Solid waste facilities shall be planned,
located, designed and operated so that they are compatible with
surrounding land uses in terms of: general use, scale, height, traffic, dust,
noise, and visual pollution." The property has been permitted for use as
a solid waste disposal site since 1979 and does appear to meet the
standards of Goal 3. Environmental Quality Policy 9 states that
operational and reclamation plans for solid waste disposal facilities shall
be subject to conditions imposed by the County to minimize or eliminate
potential adverse impact of the operation on surrounding properties.
962276
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SECOND AMENDED USR#972 - LAIDLAW WASTE SYSTEMS (COLORADO), INC.
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Under Amended USR#972, the facility is subject to compliance with nine
(9) Conditions of Approval and thirty-eight (38) Development Standards.
This proposal is consistent with Urban Growth Boundary Policy 2 which
states: "Land use development proposals within an urban growth
boundary area will be determined according to the procedure set forth in
an intergovernmental agreement between the County and the
municipality." An intergovernmental agreement regarding solid waste
disposal sites has been established between Weld County and the Town
of Erie. In accordance with the Agreement, the Town has reviewed the
Second Amended Special Review request and presented comments to
staff. The applicant has provided a written response addressing the
Town of Erie's concerns. The State and County Health Departments
have examined the proposed amendments to the existing facility; their
recommendations have been incorporated in the Conditions of Approval
and Development Standards associated with the Second Amended
Special Review Permit.
b. Section 24.3.1.2 -- That the proposal is consistent with the intent of the
district in which the use is located. The proposal is consistent with the
intent of the Agricultural Zone District and is provided for as a Use by
Special Review under Section 31.4.9 of the Weld County Zoning
Ordinance. Agricultural Goal 2 does "allow commercial and industrial
uses which are directly related to agriculture to locate within Agricultural
zoning when the impact to surrounding properties is minimal, and where
adequate services and infrastructure are available."
c. Section 24.3.1.3 -- That the uses which would be permitted will be
compatible with the existing land uses. The existing approved landfill on
this 300-acre site is well kept and appears to be compatible with the
immediate surrounding area, which consists of open agricultural ground,
an existing landfill, two reclaimed landfills, and oil and gas uses.
Neighboring residences, located south and southwest, are one-half mile
or more from the site.
d. Section 24.3.1.4 -- That the uses which would be permitted will be
compatible with future development of the surrounding area as permitted
by the existing zoning and with future development as projected by the
comprehensive plan or master plans of affected municipalities. The
Town of Erie has annexed land to the north and west boundaries of this
property. Future residential development to the west has been
considered by the applicant in its proposal to fence the sediment control
structure and compost pad while under construction. Conditions of
Approval and Development Standards associated with the Second
Amended Special Review Permit further address safety and health
issues.
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e. Section 24.3.1.5 -- That the application complies with the Weld County
Zoning Ordinance, Section 50, Overlay District Regulations, if the
proposal is located within the Overlay District Areas identified by maps
officially adopted by Weld County. The site is located in the Geological
Hazard Overlay District. The Second Amended Special Review Permit
Development Standard #32 addresses compliance with overlay district
requirements.
f. Section 24.3.1.6 -- That if the use is proposed to be located in the
A (Agricultural) Zone District, the applicant has demonstrated a diligent
effort has been made to conserve productive agricultural land in the
locational decision for the proposed use. The landfill facility is an existing
use; the areas included in the proposal for amendment are presently not
used for agricultural production.
g. Section 24.3.1.7 -- That there is adequate provision for the protection of
the health, safety and welfare of the inhabitants of the neighborhood and
County. Conditions of Approval and Development Standards associated
with this Second Amended Special Review Permit safeguard the health
and welfare of the surrounding area and the County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Laidlaw Waste Systems (Colorado), Inc., for a
Site Specific Development Plan and Second Amended Special Review Permit#972 for the
addition of composting and recycling facilities, perimeter berm, relocation of sediment basin,
and revision to Cell C for an existing solid waste disposal site on the hereinabove described
parcel of land be, and hereby is, granted subject to the following conditions:
1. The attached Development Standards for the Second Amended Special Review
Permit shall be adopted and placed on the Second Amended Special Review
plat prior to recording the plat. The plat shall be delivered to the Department of
Planning Services and be ready for recording in the Weld County Clerk and
Recorder's Office within 15 days of approval by the Board of County
Commissioners.
2. The Second Amended Special Review activity shall not occur nor shall any
building or electrical permits be issued on the property until the Second
Amended Special Review plat is ready to be recorded in the Office of the Weld
County Clerk and Recorder. Nothing in this paragraph shall prohibit the
applicant from continuing operations under the terms and conditions of the
existing Amended USR#972 until such Second Amended Special Review Permit
plat is recorded.
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3. Prior to recording the plat:
a. The applicant shall submit a letter that identifies and reaffirms all existing
agreements, Conditions of Approval and Development Standards.
b. The plat shall be amended to include the legal description for the property
and a second mylar page shall be added to include the approved
Development Standards for the Second Amended Special Review Permit.
4. The Colorado Department of Public Health and Environment, Hazardous
Materials and Waste Management Division, and the Weld County Environmental
Protection Services Division shall be kept apprised of fault location conditions
discovered during excavation. Permeability evaluation of the fault and/or
additional monitoring may be required.
5. Prior to commencing with landfilling in the lined portion of any cell, a certification
report shall be submitted for approval to the Colorado Department of Public
Health and Environment, Hazardous Materials and Waste Management Division,
and the Weld County Environmental Protection Services Division. The report
shall provide written evidence that the quality assurance plan was implemented
and the construction was performed in conformance with the design criteria, the
project plans, and specifications.
6. Prior to filling any drainage, the applicant shall obtain written approval from the
U.S. Army Corps of Engineers. A copy of the documentation shall be provided
to the Weld County Health Department.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of December, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
J J� WELD COUNTY, COLORADO
A ST . „„{ y 4,7/ FXCl1SFf) r)ATF (lF SIfNINf; (AYF).
• >M i ,/V 6411. -r".Cn Barbar J. Kirkmeyer Chair
W d CpUnty Clerk to the oard yr ccd Georg�E. Baxter Pr -Te �
BY: .
De u ' jerk a Board , 1)1 � ai,+`�1 O
Dale K. Hall
APP AS TO • /24 7;/...-2_4-a--
Constance L. Harbert
ou tyfi Att/�—orne FxcuSFn
W. H. Webster
962276
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SITE SPECIFIC DEVELOPMENT PLAN
SECOND AMENDED SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LAIDLAW WASTE SYSTEMS (COLORADO), INC.
SECONDED AMENDED USR#972
1. The Site Specific Development Plan, Second Amended Special Review Permit, and
Amended Certificate of Designation are for additions of composting and recycling
facilities, perimeter berm, relocation of sediment basin, and revision to Cell C for an
existing solid waste disposal site in the A (Agricultural) Zone District, as submitted in the
application materials on file and subject to the Development Standards stated herein.
The facility was permitted under SUP#400 and twice amended under USR #972.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the
Weld County Zoning Ordinance.
3. The applicant and/or operator shall be responsible for constructing and operating in
compliance with minimum standards pertaining to the Colorado Solid Waste Disposal
Sites and Facilities Act and applicable Federal laws.
4. The solid waste disposal site is allowed to operate from 5:00 a.m. to 9:30 p.m., seven
days per week, except in certain emergency situations as approved by the Weld County
Environmental Protection Services Division.
5. Approval of this plan may create a vested property right pursuant to Section 90 of the
Weld County Zoning Ordinance.
6. Only non-hazardous and non-radioactive household, industrial, and commercial solid
waste approved by the Colorado Department of Public Health and Environment and
Weld County Environmental Protection Services Division shall be accepted. No liquid
waste of any nature, as defined by the State of Colorado or Environmental Protection
Services Agency, shall be accepted.
7. A manager, knowledgeable in operating a solid waste disposal site and facility, shall be
on the site at all times the facility is operating. An up-to-date list of all managers shall be
provided to Weld County Environmental Protection Services Division.
8. The maximum size of the working face of the disposal site shall not exceed 150 feet in
width and 14 feet in vertical depth at any time.
9. All waste received at the disposal site shall be inspected to ensure appropriate wastes
are being disposed of at the facility. The access control plan approved by the Colorado
Department of Public Health and Environment and the Weld County Environmental
Protection Services Division shall be maintained.
10. There shall be a single point of ingress and egress to the disposal site. The approved
off-site maintenance and improvement agreement shall identify the haul route. Weld
County Road 7 shall not be used as a haul route. The southern haul route shall be from
State Highway 7 along Weld County Road 5. The northern haul route shall be from
State Highway 52 along Weld County Road 5.
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11. The disposal site shall be operated in a manner which protects against surface and
groundwater contamination. The facility operator shall implement the groundwater
monitoring plan approved by the Colorado Department of Public Health and
Environment and the Weld County Environmental Services Division. The analytical
method and statistical evaluation of groundwater monitoring data shall comply with the
Regulations Pertaining to Solid Waste Disposal Sites and Facilities contained in the
Colorado Code of Regulations, 6 CCR 1007-2. Carbonate and cation-anion balance
shall be included as part of the groundwater monitoring program.
The applicant shall also analyze leachate for the following parameters: total organic
halides, biochemical oxygen demand, total petroleum hydrocarbons, total phenols, pH,
and specific conductivity. These are a minimum. The operator may choose to do a
more detailed analysis.
12. Any changes or updates to the groundwater monitoring plan or specific groundwater
monitoring plan shall be made by the facility operator when requested in writing by the
Weld County Environmental Protection Services Division or Colorado Department of
Public Health and Environment. A copy of any request for change shall be forwarded to
the Department of Planning Services staff for review.
13. The disposal site shall be operated in a manner to control blowing debris at all times.
Operation during windy periods shall be conducted in a manner that controls blowing
debris. The working face will be closed to disposal when high-wind warning conditions
exist, as defined in the Regulations Pertaining to Solid Waste Disposal Sites and
Facilities contained in the Colorado Code of Regulations, 6 CCR 1007-2.
The following operation measures shall be employed to control blowing or illegally
dumped debris:
a. Any debris found outside the working face shall be picked up within 24 hours.
b. The following shall be patrolled daily by facility staff to pick up all debris and
return it to the working face:
1) The fence along the perimeter of the Second Amended Special Review
Permit area;
2) Weld County Road 5 between State Highway 7 and State Highway 52;
3) Weld County Road 6 between Weld County Roads 5 and 7;
4) State Highway 7 between Weld County Roads 5 and 7.
c. The manager of the disposal site shall respond to requests for picking up debris
within 24 hours of notification by Weld County Environmental Protection Services
Division personnel.
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d. A minimum six (6)-inch solid cover or other cover alternative approved by the
Colorado Department of Public Health and Environment and the Weld County
Environmental Protection Services Division shall be applied daily to control the
size of the working face. Cover shall be placed on debris as soon as possible on
days when wind is a noticeable problem.
e. The working face shall be enclosed on the downwind side(s) with a minimum
12-foot litter screen while accepting waste. An eight (8)-foot litter and access-
control fence shall be maintained around the Second Amended Special Review
Permit area.
f. During windy periods which have not reached the threshold to be defined as
high-wind warning conditions, the size of the working face shall be reduced to a
size that eliminates debris escaping the screen.
g. The size of the working face shall be reduced to 100 feet in width while accepting
waste after dark.
14. In accordance with Section 3.1.1 of the Regulations Pertaining to Solid Waste Disposal
Sites and Facilities, this facility shall not pose a bird hazard to aircraft. The facility must
be operated in accordance with the Final Report Bird Strike Hazard Study, dated
September 1993.
15. The disposal site shall be operated in a manner to control fugitive dust on the site at all
times. The facility operator shall implement the plan for controlling fugitive dust, as
approved by the Weld County Environmental Protection Services Division. The facility
shall have sufficient equipment available to implement the dust control. Any changes or
updates to the plan for controlling fugitive dust shall be made by the facility operator
when required in writing by representatives of Weld County. A copy of any request for
change shall be forwarded to the Department of Planning Services staff for review
according to Development Standard #54.
16. The Second Amended Special Review Permit disposal site and facility shall be operated
in compliance with any required air emissions permit, as required, and approved by the
Air Pollution Control Division of the Colorado Department of Public Health and
Environment.
17. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A), as
measured according to Section 25-12-102, C.R.S.
18. Adequate toilet facilities served by an individual sewage disposal system are required
for the disposal site. The facilities shall be installed in accordance with the Weld County
Individual Sewage Disposal regulations and the Weld County Building Code Ordinance.
19. The owner and/or operator shall comply with any agreement for road maintenance
contributions approved by the Board of County Commissioners.
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20. The owner and/or operator shall maintain an adequate water supply for the disposal
site, maintenance of the soil stockpiles, and all haul roads. The source of water for
construction, operation, drinking, and sanitary facilities shall be approved by
representatives of the Weld County Environmental Protection Services Division and the
Colorado Division of Water Resources.
21. The disposal site shall be operated in compliance with the applicable regulations of the
Federal Aviation Administration.
22. The disposal site shall be operated in compliance with the requirements of the Mountain
View Fire Protection District. Plans for any additional buildings to be constructed on the
site shall be submitted to the Fire District prior to commencing construction.
23. The applicant shall remove, handle, and stockpile overburden, soil, sand, gravel, and
associated materials from the disposal site in a manner that will prevent nuisance
conditions. The facility operator shall comply with the reclamation plan approved by the
Boulder Valley Soil Conservation District.
24. The disposal site shall continue to be subject to the terms of Weld County Ordinance
No. 164 as it exists or as it may be amended.
25. The owner and/or operator shall be responsible for maintaining the approved screening
and landscaping plan.
26. Two metal signs shall be posted at the customer entrance to the disposal site. The first
sign shall state: "ALL UNCOVERED LOADS SHALL BE CHARGED TWICE THE
NORMAL FEE". The second sign shall state: "ABSOLUTELY NO HAZARDOUS
MATERIALS, TOXIC SUBSTANCES, SEPTIC OR LIQUID SLUDGE ACCEPTED".
27. The owner and/or operator shall keep the following records at the disposal site to be
available for County and State review at any reasonable time:
a. Quarterly operations inspection reports completed by the Weld County
Environmental Protection Services Division;
b. Results of wind, methane, and water quality monitoring;
c. Liner certification reports;
d. Any special waste accepted at this facility.
28. The solid waste disposal site and facility plan and monitoring programs are subject to
revisions pending the receipt of pertinent data and/or changing site conditions. All
requests for revision shall be submitted in writing to the Department of Planning
Services staff for review, in accordance with Development Standard #54.
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29. Lighting provided for security operation on the site shall be designed so that the lighting
will not adversely affect surrounding property owners.
30. All phases of the operation must conform to Title 30, Article 20, Part 1, C.R.S., as
amended, and regulations promulgated thereunder, for Solid Waste Disposal Sites and
Facilities, and Subtitle D of the Resource Conservation and Recovery Act.
31. There shall be no discharge of wastes into any stream, other bodies of water, or
adjacent drainage systems without obtaining a National Pollution Discharge Elimination
System Permit from the Colorado Department of Public Health and Environment. This
Development Standard shall be deemed satisfied as determined by the Colorado
Department of Public Health and Environment.
32. The property shall be maintained in compliance with the Geologic Hazard Overlay
District requirements.
33. The disposal site shall be operated in compliance with all local, County, State, and
Federal regulations.
34. Soil stockpiles which remain out of use for a period greater than seven (7) months shall
be stabilized by revegetation. The stockpiles shall be revegetated as soon as possible
after establishment.
35. The owner and/or operator shall obtain a stormwater discharge permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division,
for the soil storage site.
36. The Weld County Health Department, Weld County Department of Planning Services,
and the Colorado Department of Public Health and Environment shall be notified in
writing of any new materials (other than green wastes, i.e. grass clippings, shrubbery
trimmings, leaves, garden wastes, etc.) which will be accepted for composting. Written
approval to proceed with composting shall be obtained from the Weld County Health
Department and the Colorado Department of Public Health and Environment prior to
receipt of the new material. Submittal information shall include operational procedures
and storage procedures. All materials considered for composting shall meet current and
future regulatory requirements for that specific material. No dead animals shall be
composted on site.
37. No stockpiling of raw, compostable materials shall be allowed on site. All raw,
uncomposted materials shall be placed in windrows or other processing units within 48
hours upon receipt at the facility. This is not intended to include bulking agents such as
wood chips, etc.
38. Records shall be maintained which include the tonnage of raw materials received at the
composting site and the tonnage of finished materials removed from the site.
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39. The owner and/or operator shall submit a fly control plan to the Weld County Health
Department for review and approval. The composting facility shall be operated in a
manner to control flies. The fly control plan shall be implemented at the request of the
Weld County Health Department in the event that flies (which can be determined to be
associated with the disposal site) are in such a number to be considered a nuisance
condition. The plan shall also be implemented in the event the Weld County Health
Department receives a significant number of fly complaints (determined to be associated
with the disposal site) and, in the judgment of the Health Officer, there exists a fly
condition requiring abatement.
40. The owner and/or operator shall submit an odor control plan to the Weld County Health
Department for review and approval. The facility shall be operated in a manner which
controls odor. Odors detected off site shall not equal or exceed the level of fifteen-to-
one dilution threshold, as measured pursuant to Regulation 2 of the Colorado Air
Pollution Control Regulations. The odor abatement plan shall be implemented at the
request of the Weld County Health Department in the event odor levels detected off site
of the facility 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.
41. The previously submitted and approved fugitive dust control plan shall apply to the
operation of the composting site.
42. A metal sign shall be posted at the entrance to the composting facility. The sign shall be
a minimum of four (4) feet in width and three (3) feet in height. The sign shall state:
a. Name of operator;
b. Wastes accepted for composting;
c. Emergency phone numbers of the facility operator.
43. The disposal site shall comply with all materials submitted as a result of this Amended
Certificate of Designation and Second Amended Special Review Permit.
44. As a form of vector control, the owner and/or operator shall be responsible for removing
any accumulated water in the compost perimeter channels within seven (7) working
days, weather permitting.
45. Settlement monuments shall be included in the construction of the perimeter berm and
the adjacent final cover. The intent of the monuments will be to monitor the relative
movement of perimeter berm and the final cover. Monuments shall be placed in pairs,
one at the top of the containment wall and one on the barrier layer of the final cover
immediately above the inside toe of the perimeter berm. Monuments shall be placed at
a spacing of 500 feet along the length of the perimeter berm.
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a. A plan for placement of the settlement monuments, including timing of
placement, location, design details, and proposed frequency of surveying shall
be provided to the sad Waste Division of the Colorado Department of Public
Health and Environment and the Weld County Health Department for review and
approval prior to completion of the perimeter berm for Cell B.
b. If operational and post-closure surveying of the settlement monuments indicate
that differential settlement between monument pairs results in tensile strain in
the cover barrier layer of greater than one (1) percent, further assessment and
remediation, including evaluation of the final cover barrier layer, may be required.
Determination of actual required measures will be based on overall site
conditions at the time, should this situation develop.
46. In the area of final cover between the toe of the cover and the point immediately above
the inside toe of the perimeter berm, the barrier layer of the final cover must be
constructed with a moisture content at or above optimum moisture content, as
determined by Standard Proctor. This requirement is based upon information found in
the "Design and Construction of RCRA/CERCLA Final Covers" EPA/625/4-91/025.
47. The closure and post-closure security agreement shall be in place and a copy submitted
to the State of Colorado by April 1997, pursuant to the State of Colorado Subtitle D
Regulations. If implementation of the closure and post-closure agreement is delayed by
the State, a security agreement shall be executed with Weld County or the Federal
Environmental Protection Agency.
48. The internal road system shall be maintained as a gravel roadway which shall provide
all-weather access throughout the site. Gravel shall be replaced on the roadway as
needed.
49. Security fencing shall be maintained around the perimeter of the solid waste disposal
site, including the sediment basin and composting facility.
50. All construction on the property shall be in accordance with the requirements of the
Weld County Building Code Ordinance.
51. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
52. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
53. Personnel from the Weld County Environmental Protection Services Division, the
Colorado Department of Public Health and Environment, and the Weld County
Department of Planning Services 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.
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54. The Second Amended Special Review area shall be limited to the plans shown herein
and governed by the foregoing Standards and all applicable Weld County regulations.
Major 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 Planning
Commission and the 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.
55. 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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