HomeMy WebLinkAbout20232697.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR23-0018, FOR OPEN MINING (TOPSOIL) AND EMPLOYEE AND
EQUIPMENT PARKING ASSOCIATED WITH OPERATIONS OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT - KORWELL LAND HOLDINGS, 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
September, 2023, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Korwell Land Holdings, LLC, P.O. Box 337282, Greeley, Colorado
80633, for a Site Specific Development Plan and Use by Special Review Permit, USR23-0018,
for Open Mining (topsoil) and employee and equipment parking associated with operations
outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
SW1i4 of Section 25, Township 4 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Will Charles,
Baseline Engineering Corporation, 112 N. Rubey Drive, #210, Golden, Colorado 80403, 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. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
1) Section 22-2-30.C states: "Harmonize development with
surrounding land uses." Subsection C.3 states, "Encourage
development that preserves land for agriculture, rangeland,
wetlands, and critical habitats." The landowner and miner are
proposing to surface mine the topsoil under the center pivot only,
leaving the dry corners undisturbed to a depth of 14 inches. The
ce: PL (7P/Mw/Ko DA/Kva), cA(KM% APPL.,APPL. REP.
10/23 /23
2023-2697
PL2199
SPECIAL REVIEW PERMIT (USR23-0018) - KORWELL LAND HOLDINGS, LLC
PAGE 2
topsoil onsite has been measured between 14-18 inches in depth.
The operator will extract approximately 12-14 inches of topsoil and
reclaim the disturbed area to support native, dryland grasses for
uncommitted future land -use.
2) Section 22-2-60.B states: "Support responsible energy and mineral
development." Subsection B.1 states, "Ensure that surface
development reasonably accommodates mineral extraction." The
County recognizes that mineral resource extraction is an essential
industry. The availability and cost of materials such as topsoil, sand,
gravels and stone have an effect on the successfulness for both
agriculture, reclamation of land due to natural disasters and
disturbance, and the retention of the viability of restoring the
landform. The agricultural lands associated with the surface estate
is underlain with a viable fertile decomposed biologic matter formed
over time by a natural process. With the completion of mining, the
site will be re -contoured, reseeded, and enhanced with a noxious
weed treatment for reclamation success. The reclamation of
disturbed land is critical in reestablishing ecological functions, and
to minimize long-term effects from the mining operation, to the
extent practicable. To this effect, reclamation will be completed to
support native, dryland grasses for uncommitted future land use
and on going oil and gas facilities associated with production well
head sites.
3) Section 22-2-60.B.2 states: "Ensure that infrastructure, such as
adequate roads and utilities, exists or can be made available prior
to development of energy and mineral resource production
facilities."To address the impact to the area roads, the Department
of Planning Services — Development Review is requesting the
specific haul route be outlined in the Conditions of Approval and
Development Standards. An Improvements and Road Maintenance
Agreement is required for off -site improvements at this location.
Road maintenance includes, but is not limited to, dust control and
damage repair to specified haul routes. The Agreement shall
include provisions addressing engineering requirements,
submission of collateral, and testing and approval of completed
improvements. The Improvements and Road Maintenance
Agreement is a Condition of Approval to be accepted by the Board
of County Commissioners, prior to recording the USR map.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
2023-2697
PL2199
SPECIAL REVIEW PERMIT (USR23-0018) - KORWELL LAND HOLDINGS, LLC
PAGE 3
Zone District is established to maintain and promote agriculture as
an essential feature of the County. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses." The use
is consistent with the intent of the district in which the site is located.
The site's property parcels are zoned A (Agricultural). The proposed
project is a listed as a topsoil mine, permitted in the A (Agricultural)
Zone District, as detailed in the application, and in the Weld County
Code.
2) Section 23-3-40.R allows for Open Mining (topsoil), subject to the
additional requirements of Article IV, Division 4, of the Weld County
Code, through a Use by Special Review outside of subdivisions and
historic townsites. Also included is mobile mining equipment
parking and storage, and employee parking.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. Zoning in the area surrounding the
site is A (Agricultural). There are several residences within the vicinity and
within the 500 -foot notice area of the site. Two (2) residential properties are
directly adjacent to the southwestern corner of the property, two (2)
residences are directly adjacent to the southeast corner of the property,
and one (1) residence, located to the west, is approximately 150 feet from
the active mined area. All other residences are located 745 feet or greater,
in distance, from the active mine site. The mine site is planted in corn and
the staging area is located on approximately 20 acres in the northwest
quadrant of the property, near the PDC oil and gas encumbrances, and
more than 1,500 feet from the nearest residence. In addition to agricultural
uses, there is oil and gas development and rural residential uses near the
site.
There are multiple Use by Special Review permits within one (1) mile of the
site, including a greater than 12 -inch HP natural gas line (USR17-0050),
that crosses the property adjacent to County Road 35 right-of-way. To the
east is an 800 -head dairy (SUP -442). To the south is a Natural Gas
Processing Station (AMUSR-355), three (3) greater than 12 -inch HP
natural gas pipelines (USR17-0049, USR18-0094 and USR12-0006), and
one (1) greater than 10 -inch HP natural gas pipeline (USR-958). Also to
the south are the DCP Mewbourn Gas Plant (5MJUSR17-98-542), a
natural gas pump station (1MUSR18-12-0074), an oil and gas equipment
storage yard (USR-1018), and the Cureton Gilcrest Gas Plant
(1 MJUSR19-14-0035).
The Weld County Department of Planning Services sent notice to eight (8)
surrounding property owners within 500 feet of the site. Planning staff
received no letters from interested parties. Planning staff has received
2023-2697
PL2199
SPECIAL REVIEW PERMIT (USR23-0018) - KORWELL LAND HOLDINGS, LLC
PAGE 4
one (1) telephone call from an adjacent property owner who had general
questions about the land use permit.
The Conditions of Approval require that the applicant submit an accepted
Communications Plan, Emergency Action and Safety Plan, an accepted
Improvements and Road Maintenance Agreement (for roads and traffic),
and an Access Permit. The Noise Abatement and Dust Abatement Plans
have been submitted, reviewed and accepted. The Conditions of Approval
and Development Standards will assist in mitigating the impacts of the
facility on the adjacent properties and ensure compatibility with surrounding
land uses and the region.
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 proposed mine is located within three (3) miles of the
City of Evans and Town of Gilcrest. The City of Evans returned the Notice
of Inquiry (NOI), dated August 23, 2022, that stated the proposed project is
outside their Future Land Use boundary and they returned a referral
response, dated June 15, 2023, indicating no conflict with their interests.
The Town of Gilcrest did not return a referral response.
E. Section 23-2-230.6.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Greeley -Weld County Airport, Floodplain or Floodway, Geohazard
Development Area, the Municipal Separate Storm Sewer Systems (MS4)
defined boundary, the Historic Townsites or the Agricultural Heritage
Overlay Districts. Building Permits issued on the lot will be required to
adhere to the fee structure of the County -Wide Road Impact Fee, 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 proposed mine site is located on 132 acres, with 135 acres
designated as of Farmland of Local Importance, per the NRCS Soil Survey
for Weld County. Per the NRCS report, no prime farm ground will be taken
out of production. Post mining, the land will be reclaimed to support native,
dryland grasses for uncommitted, future land use and on going oil and gas
facilities associated with production well head sites.
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County. The
proposal has been reviewed by the appropriate referral agencies and it has
2023-2697
PL2199
SPECIAL REVIEW PERMIT (USR23-0018) - KORWELL LAND HOLDINGS, LLC
PAGE 5
been determined that the attached Conditions of Approval and
Development Standards ensure that there are adequate provisions for the
protection of the health, safety and welfare of the inhabitants of the
neighborhood and county and will address and mitigate impacts on the
surrounding area with the operation of this facility.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Korwell Land Holdings, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR23-0018, for Open Mining (topsoil)
and employee and equipment parking associated with operations outside of subdivisions and
historic townsites 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 map:
A. An Improvements and Road Maintenance Agreement is required for
upfront and triggered off -site improvements at this location. Road
maintenance includes, but is not limited to, dust control and damage repair
to specified haul route. The Agreement shall include provisions addressing
engineering requirements, submission of collateral, and testing and
approval of completed improvements.
B. An acceptable Final Traffic Study, stamped and signed by a Professional
Engineer, licensed in the State of Colorado, shall be submitted.
C. The applicant shall acknowledge the requirements of the Department of Oil
and Gas Energy referral response, dated June 22, 2023. Written evidence
of such shall be submitted to the Weld County Department of Planning
Services.
D. The applicant shall address the concerns of the Colorado Division of Water
Resources, as stated in the referral response, dated June 21, 2023,
specific to use of the on -site water wells. Written evidence of such shall be
submitted to the Weld County Department of Planning Services.
E. The applicant shall submit the State -approved Extraction Plan Map, as
submitted to the DRMS, with required information delineated, per
Chapter 23, Article IV, Section 23-4-270.A and .B of the Weld County
Code.
F. The applicant shall submit the Reclamation Plans, as approved by the
State of Colorado Mined Land Reclamation Board, per Chapter 23,
Article IV, Section 23-4-280.A of the Weld County Code.
G. The applicant shall submit supporting documents, as outlined in
Chapter 23-4-280, addressing the protection of the health, safety, and
welfare of the inhabitants of the County, specifically, Sections 23-4-280.6
through .D of the Weld County Code.
2023-2697
PL2199
SPECIAL REVIEW PERMIT (USR23-0018) - KORWELL LAND HOLDINGS, LLC
PAGE 6
H. The USR map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR23-0018.
2) The attached Development Standards.
3) The map 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 on the map.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 of the Weld County Code.
6) The map shall delineate the parking area for the mine vehicles,
mine equipment, vendors, and employees.
7) The applicant shall show the accepted Screening Plan, addressing
visual mitigation.
8) County Road 35 is a gravel road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right -of- way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
9) County Road 40 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
10) The applicant shall show and label the existing permitted accesses,
and the proposed access, onto County Road 35 and
County Road 40. For the proposed access, specify the approved
access width and the appropriate turning radii on the site plan.
11) The applicant shall show and label the drainage flow arrows.
2023-2697
PL2199
SPECIAL REVIEW PERMIT (USR23-0018) - KORWELL LAND HOLDINGS, LLC
PAGE 7
12) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
13) The applicant shall show and label all recorded easements and
rights -of -way by book and page number or Reception number and
date.
14) Setback radiuses for existing oil and gas tank batteries and
wellheads shall be indicated on the map, per the setback
requirements of 23-3-50.E of the Weld County Code.
15) Upon completion of Condition of Approval #1 above, the applicant
shall submit one (1) electronic copy (.pdf) of the map for preliminary
approval to the Weld County Department of Planning Services.
Upon approval of the map the applicant shall submit a Mylar map
along with all other documentation required as Conditions of
Approval. The Mylar map shall be recorded in the office of the Weld
County Clerk and Recorder by the Department of Planning
Services. The map shall be prepared in accordance with the
requirements of Section 23-2-260.D of the Weld County Code. The
Mylar map and additional requirements shall be submitted within
120 days from the date of the Board of County Commissioners'
Resolution. The applicant shall be responsible for paying the
recording fee.
16) In accordance with Appendix 5-J of the Weld County Code, should
the map not be recorded within the specified timeline from the date
of the Board of County Commissioners' Resolution, a $50.00
recording continuance fee shall be added for each additional
three (3) -month period.
2. Prior to Construction:
A. If more than one (1) acre is to be disturbed for construction of non -gravel
pit items, such as structures, parking lots, laydown yards, etc., a Weld
County Grading Permit will be required.
B. The approved access and tracking control shall be constructed, prior to
on -site construction.
3. Prior to Operation - Mining:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District. The Plan shall be
reviewed on an annual basis by the Facility operator, the Fire District and
the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services.
2023-2697
PL2199
SPECIAL REVIEW PERMIT (USR23-0018) - KORWELL LAND HOLDINGS, LLC
PAGE 8
B. The applicant shall submit written evidence that the Financial and
Performance warranty has been submitted to, and accepted by, the
Division of Reclamation, Mining and Safety.
4. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. Activity shall not occur, nor shall any Building
or Electrical Permits be issued on the property, until the Use by Special Review
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of September, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dathis) ��►J_;�Weld County Clerk to the Board
BY: OJI' . 14111-0Z1-'
Deputy Clerk to the Board
APPED sf�i RM:
County;' orney
Date of signature: t O112123
Mike ___ _. an, Chair
Perry . Buy , Pro-Tem
2023-2697
PL2199
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KORWELL LAND HOLDINGS, LLC
USR23-001 8
1. Site Specific Development Plan and Use by Special Review Permit, USR23-0018, is for
Open Mining (topsoil) and employee and equipment parking associated with operations
outside of subdivisions and historic townsites 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 permitted operations shall be conducted during the hours of daylight, except in the case
of a declared emergency disaster, by the Board of County Commissioners. When the
permitted operations are occurring at night, they will only occur when material is requested
by cities, counties, or CDOT, for night projects. Operations will be considered "night
operations," when they take place between one (1) hour after sundown to one (1) hour
before sunrise. Depending on the request of the jurisdiction, night operations could occur
seven (7) days, per week. When the operator becomes aware of projects that require night
operations, they will email the Director of the Department of Planning Services to let
him/her know about the plans to operate outside of daylight hours, who the project is for,
how long it will be occurring, and where the materials are being delivered.
4. The mine shall remain in compliance with the County Open Mining requirements, per
Chapter 23, Article IV, Division 4 of the Weld County Code, as amended, including
Operations policies and Reclamation policies.
5. The mine shall remain in compliance with the approved Division of Reclamation, Mining
and Safety 112c Permit, #M2022-034.
6. Revisions, as approved by the Colorado Division of Reclamation, Mining and Safety, may,
as determined by Weld County staff, require an amendment to this USR permit.
7 The number of on -site employees shall be up to three (3), as stated in the application
materials.
8. The parking area for mine equipment and employees on the site shall be maintained.
9. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
10. The property owner or operator shall maintain compliance with the accepted
Communications Plan.
11. Lighting shall be maintained in accordance with the approved Lighting Plan.
12. The existing and proposed landscaping and screening on the site shall be maintained in
accordance with the approved Landscape and Screening Plan. Required landscaping and
screening shall be installed within one (1) calendar year of issuance of a Building Permit
2023-2697
PL2199
DEVELOPMENT STANDARDS (USR23-0018) - KORWELL LAND HOLDINGS, LLC
PAGE 2
or commencement of use, whichever occurs sooner. Dead or diseased plant materials
shall be replaced with materials of similar quantity and quality at the earliest possible time.
13. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the
adjacent properties in accordance with the map. 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.
14. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan, on or before March 15th of any given year, signed by
representatives for the Fire District and the Weld County Office of Emergency
Management to the Department of Planning Services.
15. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
16. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
17. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall require an approved Right -of -Way Use Permit, prior to commencement.
18. The historical flow patterns and runoff amounts on the site will be maintained.
19. The property owner shall comply with all requirements provided in the executed
Improvements Agreement.
20. The Improvements Agreement for this site may be reviewed on an annual basis, including
a site visit and possible updates.
21. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
22. 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, C.R.S. §30-20-100.5.
23. 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. The facility shall operate in accordance with Chapter 14, Article I of the Weld
County Code.
24. Fugitive dust should attempt to be confined on the property. Uses on the property shall
comply with the Colorado Air Quality Commission's Air Quality Regulations and the
accepted Dust Abatement Plan.
2023-2697
PL2199
DEVELOPMENT STANDARDS (USR23-0018) - KORWELL LAND HOLDINGS, LLC
PAGE 3
25. The operation shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit application, and obtain permits from the Air Pollution Control Division of the
Colorado Department of Public Health and Environment, as applicable.
26. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone, as delineated in C.R.S. §25-12-103. The facility shall operate in accordance with
the accepted Noise Evaluation Report.
27. The operation shall remove, handle, and stockpile overburden, sand, soil, and gravel from
the facility area in a manner that prevents nuisance conditions.
28. Portable toilets and bottled water are acceptable to provide drinking and sanitary services
to the site. Records of maintenance and proper disposal for portable toilets shall be
retained on a quarterly basis and available for review by the Weld County Department of
Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County, contain hand sanitizers and be screened from existing, adjacent residential
properties and public rights -of -way.
29. If applicable, the operation shall obtain a stormwater or other discharge permits from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
30. All chemicals must be handled in a safe manner, in accordance with product labeling. All
chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations.
31. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation, Mining and Safety.
32. The operation shall comply with the Mine Safety and Health Act (MSHA).
33. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
34. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
35. Building Permits may be required for any new construction, set up of manufactured
structures, or change of use of existing buildings, per Section 29-3-10 of the Weld County
Code. Buildings and structures shall conform to the requirements of the various codes
adopted at the time of permit application. Currently, the following have been adopted by
Weld County: 2018 International Building Codes, 2018 International Energy Code, 2020
National Electrical Code, and Chapter 29 of the Weld County Code. A Building Permit
application must be completed and two (2) complete sets of engineered 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, or an
Open Hole Inspection shall be required. A Building Permit must be issued prior to the start
of construction.
2023-2697
PL2199
DEVELOPMENT STANDARDS (USR23-0018) - KORWELL LAND HOLDINGS, LLC
PAGE 4
36. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee
Programs.
37. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
38. All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700,
as amended.
39. Necessary personnel from the Weld County Departments of Planning Services,
Development Review, and Public Health and Environment shall be granted access onto
the property at any reasonable time in order to ensure the activities carried out on the
property comply with the Conditions of Approval and Development Standards stated
herein and all applicable Weld County regulations.
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 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.
42. Construction or use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of approval, unless otherwise specified
by the Board of County Commissioners when issuing the original Permit, or the Permit
shall be vacated. The Director of the Department of Planning Services may grant an
extension of time, for good cause shown, upon a written request by the landowner.
43. A Use by Special Review shall terminate when the Use is discontinued for a period of
three (3) consecutive years, the Use of the land changes or the time period established
by the Board of County Commissioners through the approval process expires. The
landowner may notify the Department of Planning Services of a termination of the Use, or
Planning Services staff may observe that the Use has been terminated. When either the
Department of Planning Services is notified by the landowner, or when the Department of
Planning Services observes that the Use may have been terminated, the Planner shall
send certified written notice to the landowner asking that the landowner request to vacate
the Use by Special Review Permit.
44. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
2023-2697
PL2199
DEVELOPMENT STANDARDS (USR23-0018) - KORWELL LAND HOLDINGS, LLC
PAGE 5
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and people moving into these areas must
recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
45. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
2023-2697
PL2199
Hello