HomeMy WebLinkAbout20232998.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR23-0030, FOR A 3.6 MW SOLAR ENERGY FACILITY (SEF) IN THE
A (AGRICULTURAL) ZONE DISTRICT - LOUIS AND GINA FABRIZIUS,
C/O CBEP SOLAR 30, 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 18th day of
October, 2023, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Louis and Gina Fabrizius, P.O. Box 429, Eaton, Colorado 80615,
cio CBEP Solar 30, LLC, P.O. Box 1255, Sterling, Colorado 80751, for a Site Specific
Development Plan and Use by Special Review Permit, USR23-0030, for a 3.6 MW Solar Energy
Facility (SEF) in the A (Agricultural) Zone District, on the following described real estate, being
more particularly described as follows:
Lot B of Recorded Exemption, RE -4980; being part
of the E112 of Section 8, Township 7 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, 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 22-2-10.C states: "Promoting Economic Growth and
Stability. Land use policies have a significant impact economic
conditions in the County and should be structured to encourage
economic prosperity. To ensure the continued strength of Weld
County's economy, land use processes and decisions based on the
[Comprehensive Plan] shall be consistent and promote financially
responsible growth." The Solar Energy Facility (SEF) will provide
GC :plC'rp/MW/cG/MW), cACLB[B),APPL.,APPL.REP.
I%/16/2.3
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SPECIAL REVIEW PERMIT (USR23-0030) - LOUIS AND GINA FABRIZIUS,
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construction jobs and energy to Weld County, which directly
supports economic prosperity. The SEF, being a power -generating
facility, will add variety, stability, and redundancy to the existing
electrical grid. Traditional energy resources are tied to commodity
markets and can vary in demand and output. This facility can
complement and support the economy during times of fluctuating
energy activity.
2) Section 22-2-30.C states: "Harmonize development with
surrounding land uses." The adjacent land will experience minimal
impacts from the SEF. The nearest residence is located more than
500 feet from the boundaries of the SEF. The proposed facility will
be set back approximately 80 feet from County Road 41 and
approximately 128 feet from the south property line.
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)
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." This
Code Section supports the installation of the subject SEF, which is
for energy development. The facility will provide power to be utilized
by residences, businesses, and farming operations in Weld County.
2) Section 23-3-40.FF — Uses by Special Review, of the Weld County
Code include, "Solar Energy Facilities (SEF'S), being more than
five (5) acres in size, but less than 160 acres, in the Near/Urban
Area, as shown on Appendix 21-B, or being more than
five (5) acres, but less than 320 acres, in the Agricultural/Rural
Area, as shown on Appendix 21-B." This Code Section allows the
applicant to apply for the subject Solar Energy Facility, being
located in the Near/Urban Area, as shown by map, in
Appendix 21-B. Per Section 23-1-90 of the Weld County Code, a
"Solar Energy Facility" means: "a commercial facility whose primary
purpose is to supply electricity and consists of one or more solar
arrays and other accessory structures, equipment, including
substations, switchyards, battery storage, electrical infrastructure,
generators, transmission lines, communications infrastructure, and
other appurtenant structures and/or facilities." The SEF will
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encumber approximately 44 acres and qualifies as a SEF USR. The
USR facility will also include two (2) storage containers for
construction and operation usage, being Accessory Uses,
permitted by Section 23-3-30.B of the Weld County Code. The
applicant is also proposing a temporary construction trailer office,
during construction. Per Section 23-4-190 of the Weld County
Code: "a zoning permit shall not be required for a manufactured
structure in the A (Agricultural) Zone District if such structure is
already shown on an approved and recorded Use by Special
Review map."
C. Section 23-2-230.B.3 —The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
pastures, crops, and rural residences. The closest residence is
approximately 660 feet to the south of the SEF.
There are four (4) USRs within one (1) mile of the site. USR-1583, for an
Ag Service Establishment (8,000 head dairy); USR-1349, for a 2,675 -Head
Dairy; MUSR15-0011, for a 9,600 -Head Feedlot; and AMUSR-199, for a
Feedlot are located south, southwest, and southeast of the site.
The Weld County Department of Planning Services sent notice to five (5)
surrounding property owners. No responses were received.
A Landscape and Screening Plan was provided with the application and
states that Rocky Mountain Juniper Trees will be planted along the
southeastern portion of the property.
A neighborhood meeting was held on Monday, August 14, 2023.
Documentation was provided stating there were no attendees at the
neighborhood meeting and that no neighbor correspondence was received.
Based on the referral agency responses and the location of the site, the
SEF is in an area that can support this development. The proposed
screening, 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 23-2-230.8.4 — The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the Coordinated Planning
Agreement (CPA) area for the Town of Ault. The Town of Ault did not
submit a Notice of Inquiry (NOI) response. The site is located within the
three (3) mile referral area of the Town of Ault and no referral response
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was received. The property is located outside of the Town of Ault's Future
Land Use Map Planning area, as delineated in the Town of Ault Future
Land Use Map.
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 located
within the A -P (Airport) Overlay District, 1-25 Overlay District, Geologic
Hazard Overlay District, MS4 - Municipal Separate Storm Sewer System
area, Historic Townsites Overlay District, or Agricultural Heritage Overlay
District.
A small portion of the property is located within the Lone Tree Creek
floodplain. The proposed SEF location is outside of the floodplain
boundaries, but in the event any development occurs within the floodplain,
a Flood Hazard Permit will be required.
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.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The Natural Resources Conservation Services (NRCS) Soil Survey
indicates 61.4% of the property consists of (0-1% slope) Dacono clay loam
and 16.1% of the site consists of (0-1% slope) Nunn clay loam. The
proposed SEF will be located on these soils. Both soil types are classified
as "Prime if Irrigated".
The property owner provided an affidavit stating they had to rent water to
have enough for agricultural purposes and that the SEF will allow the
property owner to redistribute water to support their remaining agricultural
land. The applicant proposes to plant a native seed mixture on the property
and utilize grazing sheep to maintain the height of the vegetation from
18-22 inches.
G. Section 23-2-230.6.7 — 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. This
proposal has been reviewed by the appropriate referral agencies and it has
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.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Louis and Gina Fabrizius, c/o CBEP Solar 30, LLC, for
a Site Specific Development Plan and Use by Special Review Permit, USR23-0030, for
a 3.6 MW Solar Energy Facility (SEF) 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. The applicant shall address the requirements of the Colorado Department
of Transportation (CDOT), as stated in the referral response, dated July 21,
2023. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
B. The applicant shall acknowledge the requirements of the Weld County
Department of Building Inspection, as stated in the referral response, dated
July 14, 2023. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
C. The applicant shall attempt to address the requirements of the Larimer and
Weld Irrigation Company, as stated in the referral response, dated
August 14, 2023. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
D. The applicant shall acknowledge the comments of the Weld County
Department of Oil and Gas Energy (OGED), as stated in the referral
response, dated July 25, 2023. Written evidence of such shall be provided
to the Department of Planning Services.
E. The Landscape and Screening Plan states that Rocky Mountain Junipers
will be planted along the outside corner of the southeastern fence line and
a portion of the eastern fence line, to provide natural screening for nearby
residences. The height and location of the Rocky Mountain Junipers shall
be identified.
F. A Final Drainage Report, stamped and signed by a Professional Engineer,
licensed in the State of Colorado, shall be submitted.
G. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR23-0030.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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4) The applicant shall show and label the Colorado Department of
Transportation's (CDOT) access point onto State Highway 14 and
the right-of-way on the map, along with the documents creating the
right-of-way.
5) The applicant shall show and label the drainage flow arrows.
6) The applicant shall show and label the required setbacks, in
accordance with Section 23-4-1030.C.3 of the Weld County Code.
7) Any existing and proposed solar facility installations and electrical
equipment, power lines, structures, temporary work trailers, storage
containers (limited to two [2], per Section 23-3-30.6 of the Weld
County Code), storage areas and miscellaneous improvements, as
applicable. Clearly indicate which items are temporary for use
during construction and which items are permanent.
8) Required fencing, gates and any emergency and site identification
signage, in accordance with Section 23-2-240.A.12 and
Section 23-4-1030.C.6 of the Weld County Code.
9) On -site lighting, if applicable. All lighting shall be downcast and
shielded so that light rays will not shine directly onto adjacent
properties. Include lighting specification details on the USR map.
Refer to Section 23-2-250.D of the Weld County Code for design
criteria.
10) Proposed landscape and screening, as identified on the Landscape
and Screening Plan, dated April 24, 2023, shall be delineated on
the map.
11) Trash collection areas, if applicable. Section 23-2-240.A.13 of the
Weld County Code addresses the issue of trash collection areas.
12) Planned oil and gas surface development areas, corridors, access
roadways, etc., as part of any executed Surface Use Agreement, if
applicable.
13) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the map. Label the floodplain boundaries with the
FEMA Flood Zone and FEMA Map Panel Number or appropriate
study.
2. 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
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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.
3. 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.
4. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
B. If there is any disturbance/construction in the floodplain a Floodplain
Development Permit is required.
C. The applicant shall submit an irrevocable standby letter of credit, bond, or
alternate form of security in an amount sufficient to fund the estimated
decommissioning/reclamation costs required by Section 23-4-1030.6.4 of
the Weld County Code, for acceptance and approval by the Weld County
Board of County Commissioners. Once approved, the Decommissioning
and Reclamation Plan shall be updated to include the approved security
information.
5. 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of October, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d.,t4/O�
Weld County Clerk to the Board
B. ll1.
Deputy Clerk to the Board
County Attorney
Date of signature: 1110412-3
Mi. - -eman, Chair
Perry L. B
k, Pro-Tem
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LOUIS AND GINA FABRIZIUS,
C/O CBEP SOLAR 30, LLC
USR23-0030
1 Site Specific Development Plan and Use by Special Review Permit, USR23-0030, is for a
3.6 MW Solar Energy Facility (SEF) 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. The Use by Special Review Permit shall be valid for three (3) years from the date of
approval. If the site is not selected for being a participant in any community solar program
the permit shall expire on the anniversary date of Board of County Commissioners
approval.
4. Any future structures or uses onsite must obtain the appropriate Zoning and Building
Permits.
5. The facility is unmanned and will operate year-round. Limited maintenance personnel may
visit the site, once operational.
6. Height limitation. Ground -mounted solar collectors shall not exceed 25 feet in height,
measured from the highest natural grade below each solar panel, to the highest extent of
the solar panel rotation.
7 Glare. The SEF shall be placed so that concentrated solar glare from its solar collectors
will not be directed toward, or onto, nearby properties or roadways, at any time of the day.
8. Setbacks. The Improved Area of the SEF shall conform to the setback requirements of the
underlying zone. Additionally, the improved area must be at least 500 feet from existing
residential buildings and residential lots of a platted subdivision or planned unit
development. The residential setback requirement may be reduced if appropriate
screening through landscape or an opaque fence is installed, or upon submittal to Weld
County of a waiver or informed consent signed, by the residence owner, agreeing to the
lesser setback. If landscaping or opaque fencing is substituted for the setback, a
Landscaping Plan or Fencing Plan shall first be submitted to, and approved by, the
Department of Planning Services, per Section 23-4-1030.C.3 of the Weld County Code,
as amended.
9. Dust mitigation. The operators of the SEF shall continuously employ the practices for
control of fugitive dust, detailed in the accepted Dust Mitigation Plan, per
Section 23-4-1030.C.4 of the Weld County Code, as amended.
10. Underground cables. All electrical cables on the improved area shall be buried, except for
direct current string wires that connect between solar collectors, and direct current
collection circuits between rows of solar arrays that are no more than four (4) feet above
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grade crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts,
where necessary.
11. Fencing. The SEF shall be enclosed with a security fence, as accepted, pursuant to the
Fencing Plan, as presented in the application materials. Appropriate signage shall be
placed upon such fencing that warns the public of the high voltage therein.
12. Stormwater management. The Operator of the SEF shall comply with the approved Final
Drainage Report and the required Storm Drainage Criteria pursuant to Chapter 8,
Article XI of the Weld County Code. Ground -mounted solar collector systems shall be
exempt from impervious surface calculations if the soil under the collectors is designated
hydrologic A or B soil groups, by the Natural Resources Conservation Service (NRCS).
13. Existing irrigation systems. The nature and location or expansion of the SEF must not
unreasonably interfere with any irrigation systems on, or adjacent to, the solar facility, per
Section 23-4-1030.C.9 of the Weld County Code, as amended.
14. Decommissioning. The site shall adhere to the accepted Decommissioning and
Reclamation Plan. Weld County shall have the right to draw upon the irrevocable standby
letter of credit, or other form of financial security, to pay for decommissioning in the event
that the holder has not commenced decommissioning and reclamation activities within 90
days of the Board of County Commissioners' order or Resolution directing
decommissioning and reclamation.
15. The site shall be maintained in accordance with accepted Property Maintenance Plan.
16. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County Code.
17. Landscaped areas shall be maintained by the owner/tenant of the property, including
landscaped areas within the adjacent right-of-way. Maintenance shall include, but not be
limited to, irrigating, mowing, pruning, removal of trash and weeds, and the replacement
of any required plantings that become diseased infested, or otherwise unhealthy, shall be
replaced within the growing season or next calendar year, whichever occurs sooner.
18. 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.
19. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
20. The historical flow patterns and runoff amounts on the site will be maintained.
21. During construction, 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.
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22. During construction, 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. During construction, 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 and fugitive particulate emissions shall be controlled throughout the duration
of construction and operation of the facility.
25. During construction, adequate toilet facilities and handwashing units shall be provided.
Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand
sanitizers, be screened from public view, and removed when construction is completed.
26. The facility shall comply with the Air Pollution Emission Notice (APEN) permit
requirements, as stipulated by the Air Pollution Control Division of the Colorado
Department of Public Health and Environment, as applicable.
27. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone, as delineated in C.R.S. §25-12-103.
28. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
29. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway, as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map #08123C -1250E, with an effective date of
January 20, 2016 (Lone Tree Creek Floodplain). Any development shall comply with all
applicable Weld County requirements, Colorado Water Conservation Board requirements,
as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA
regulations and requirements, as described in 44 CFR parts 59, 60, and 65. The FEMA
definition of development is any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials.
(Department of Planning Services - Floodplain) 2. FEMA's floodplain boundaries may be
updated at any time by FEMA. Prior to the start of any development activities, the owner
should contact Weld County to determine if the floodplain boundaries have been modified.
30. Lighting shall be maintained in accordance with the approved Lighting Plan.
31. 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
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private streets. No colored lights may be used, which may be confused with, or construed
as, traffic control devices.
32. 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 has 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.
33. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee
Programs.
34. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
35. All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700,
as amended.
36. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
37. 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.
38. 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.
39. Construction or use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of Board of County Commissioners
signed Resolution, unless otherwise specified by the Board of County Commissioners
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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.
40. 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.
41. 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
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.
42. 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.
2023-2998
PL2893
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