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Home My WebLink About20231225.tiffBOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item - Approve Road Maintenance During Construction Agreement for: CBEP Solar 2, LLC and CBEP Solar 8, LLC — USR22-0027 DEPARTMENT: Planning Services DATE: April 4, 2023 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problem/issue: The Department of Planning Services received a request from the applicant, CBEP Solar 2, LLC and CBEP Solar 8, LLC, requesting that the Board of County Commissioners consider approving the Road Maintenance During Construction Agreement for (USR22-0027). No collateral is required with this agreement. Weld County Planning Services, Public Works, and the County Attorney's Office have reviewed the'above mentioned signed original document and observed the following: • All Public Works related items, of the "Road Maintenance Agreement According To Policy', are found to be acceptable. • This Agreement complies with the terms of the Use by Special Review Permit Resolution, as signed by the Board of County Commissioners. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda. 2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Recommendation: Option 1. The Departments of Planning Services, Public Works, and the County, Attorney's Office are recommending approval of the Road Maintenance Agreement According To Policy for USR22-0027, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda. Schedule Reornmendation Work Session Other/Comments: Perry L. Buck, Pro -Ter • Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine .5-1-023 rv,f Viet Ema.Li- pt.0"/STM/KsznO) &C- 05/10/23 —1//7/al-3 2023-1225 Karla Ford From: Sent: To: Subject: Approve Kevin Ross Kevin Ross Monday, April 10, 2023 9:04 AM Karla Ford Re: Please Reply 1 - BOCC PA REVIEW - USR22-0027 — CBEP Solar From: Karla Ford <kford@weld.gov> Sent: Monday, April 10, 2023 7:58:28 AM To: Kevin Ross <kross@weld.gov> Subject: Please Reply 1 - BOCC PA REVIEW - USR22-0027 — CBEP Solar Please advise if you approve recommendation. Thank you. Karla Ford Office Manager,. Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kfordcweldgov.com :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Jazmyn Trujillo Martinez <jtrujillomartinez@weld.gov> Sent: Friday, April 7, 2023 11:19 AM To: Cheryl Hoffman <choffman@weld.gov>; Daniel Mesa <dmesa@weld.gov>; Dawn Anderson <dranderson@weld.gov>; Esther Gesick <egesick@weld.gov>; Karla Ford <kford@weld.gov>; Tom Parko Jr <tparko@weld.gov> Subject: BOCC PA REVIEW - USR22-0027 — CBEP Solar ATTACHED BOCC PA REVIEW Improvements Agreement: Road Maintenance During Construction Agreement Case/Applicant: USR22-0027 - CBEP Solar 2, LLC and CBEP Solar 8, LLC Please note: Consent Agenda Thanks and have a great weekend! Jazmyn Trujillo -Martinez 1 ROAD MAINTENANCE AGREEMENT ACCORDING TO REQUIREMENTS DURING THE CONSTRUCTION PERIOD CBEP Solar 2, LLC and CBEP Solar 8, LLC — USR22-0027 THIS AGREEMENT is made this a9 day of /K pra , 2023_, by and between CBEP Solar 2, LLC and CBEP Solar 8, LLC, 4845 Pearl East Circle, Suite 118 #53242, Boulder, Colorado 80301, a limited liability companies organized under the laws of the State of Delaware, hereinafter referred to as "Property Lessees," authorized to do business in the State of Colorado, and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Property Lessees are the Lessees of the following described property in the County of Weld, Colorado: Part of the W1/2 of Section 34, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado hereinafter referred to as "the Property," and WHEREAS, Property Lessees have received the Board of County Commissioners conditional approval of USR22-0027, and WHEREAS, the Property Lessees facility will generate additional vehicles and heavy traffic directly associated with USR22-0027, for an extended period of time; and WHEREAS, the County, and Property Lessees are desirous of agreeing to terms involving regulation of haul routes, traffic control, and road wear arising from such additionaltraffic. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant, and agree as follows: Part I: SITE SPECIFIC PROVISIONS A. Reserved B. Haul/Travel Routes: The Property Lessees shall be fmancially responsible for its proportional share of the associated costs for maintaining and/or improving designated haul/travel routes pursuant to Section C. 1.0 Haul Routes. The following roads are designated as haul/travel routes for the Property: 1) North and south on CR 43 between E. 8th Avenue and CR 64. 2) East and west on CR 64 between CR 43 and approved site access. • 0 U 7- ANo 2.0 Haul trucks shall enter and exit the site at the approved access(es) on CR 64 and travel east -west to the, 7:"f nearest paved road for further dispersal. Any County roads used by traffic associated with USR22-0027 may', n aw become part of the established haul/travel routes. NN o ti ne� 3.0 Weight Limits. No travel vehicles may exceed CDOT required specifications for pounds -per -axle an2,1'--Z-- axle configurations unless overweight permits have been applied for and granted. �". CBEP Solar 2, LLC and CBEP Solar 8, LLC — USR22-0027 — RMCA23-0007 Page 1 of 7 4.0 Temporary Deviations. In unusual or rare occasions, if projects mandate deviation from the above -mentioned haul/travel route for a limited period (six months or less), Weld County Planning Services may authorize, in writing, the deviation. In that circumstance, haul/travel vehicles will utilize paved county roads whenever possible. A deviation from the established haul/travel route lasting more than six (6) months or requests for one (1) or more deviations within a 12 -month period shall authorize the County to change the haul/travel routes designated herein and provide notice to the Property Lessees. 5.0 Haul Route Signage. Property Lessees shall install travel route signs, if applicable, as per Manual of Uniform Traffic Control Devices standards, at all exit points of the Property which can be clearly seen by drivers leaving the facility and which clearly depict County approved travel routes. 6.0 No Deviation from Permitted Haul Routes. Except as authorized by the Board pursuant to this Agreement, no use of any roads other than those specifically authorized for use in this Agreement is permitted without the prior written amendment of this Agreement. C. Maintenance Requirements: 1.0 Off -Site Dust Control/Abatement: The Property Lessees is required to provide dust abatement along affected haul route roads, as determined by the County. County will determine the proportionate share of dust control to be paid by Property Lessees. The amount and extent of dust control measures will be determined by site -specific conditions at the time, as determined exclusively by County personnel. The County reserves the right to install traffic counters on the driveway(s) of the Property Lessees' facility. The County will have sole responsibility for determination of the percentage of haul route traffic on all affected roads. 2.0 Obligation to Maintain Current and Future Haul Routes: Property Lessees will be financially responsible for the excavation, repair, and patching of any damage on current or future haul route roads, which in the sole opinion of County has been created by vehicle traffic to and from the Property. Should Property Lessees' site activities or vehicle circulation patterns change in the future so that County approves an alternate haul route, and all or a significant portion of Property Lessees' sourced traffic no longer utilizes the above -described haul route and instead utilizes other portions of County roads, Property Lessees shall cooperate with County in maintenance of said roads which are included within the new haul route. The type and method of repair will be determined by the County Engineer or his representative. Repairs shall commence within 48 hours of notification by the County for any roadway damage that exposes the driving public to adverse or unsafe driving conditions. All other repairs shall commence within thirty (30) days of receipt of Weld County's written notice. 2.1 Need for Immediate Repairs: In the event of damage to an Approved Haul Route by Project traffic that causes an immediate threat to public health and safety or renders the road impassible ("Significant Damage"), County shall, after inspection, notify Property Lessees of such Significant Damage. Property Lessees shall identify the repair required and shall consult with County on the extent, type, timing, materials, and quality of repair (i.e., temporary versus permanent) within twenty-four (24) hours after receipt of such notice and shall commence such repair within forty-eight (48) hours after receipt of such notice. If Property Lessees identifies Significant Damage prior to receiving notice thereof from County, Property Lessees may commence repair of such Significant Damage and shall concurrently notify County of the extent, type, timing, materials, and quality of repair (i.e., temporary versus permanent). 2.2 In County's sole discretion, County may undertake the repairs and/or improvements. Property Lessees' payment for its Proportionate Share of the road repairs/improvements will be calculated as described in this Agreement. 3.0 Proportionate Share of Road Maintenance Responsibilities: CBEP Solar 2, LLC and CBEP Solar 8, LLC — USR22-0027 — RMCA23-0007 Page 2 of 7 3.1 Property Lessees shall pay its Proportionate Share of costs of dust control/abatement, paving, repairs, or maintenance of any particular Haul Route Road. Property Lessees' Proportionate Share shall be based upon the percentage of traffic on the road that is attributable to Property Lessees' facility. County personnel will determine the percentage based on then current Equivalent Single Axle Load (ESAL) Counts. Property Lessees shall not be responsible for traffic that is not sourced from the Property Lessees' facility. 3.2 The County shall notify Property Lessees of County's preliminary determination and assessment of Property Lessees' proportionate share of costs. Prior to County's fmal determination and assessment, County shall provide Property Lessees with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider Property Lessees' input prior to making a final determination and assessment. The County shall have sole responsibility for determination of Property Lessees' proportionate share of costs. Part II: GENERAL PROVISIONS A. General Requirements: 1.0 Permits: Property Lessees is required to apply for and receive all permits required by the County or any other applicable local, State, or federal permit, including but not limited to: 1. Access Permits. Property Lessees shall not use any access onto any County Road unless and until an access permit has been issued by the Department of Planning Services. Planning Services may condition the issuance of an updated access permit on the amendment of this Agreement if the updated access permit authorizes the use of an additional access point, or if there is a change in use of the current access point, as permitted by Article XIV of Chapter 8 of the Weld County Code. 2. Right -of -Way (ROW) Permits. Per Article XIII of Chapter 8 of the Weld County Code, any work occurring within County ROW requires a ROW permit issued by the Department of Public Works. No work shall occur without said ROW permit. 3. Transport Permits. Per Article XV of Chapter 8 of the Weld County Code, a Weld County Transport Permit is required for Extra -legal vehicles using Weld County roadways to ensure the operation and movement of Extra -legal Vehicles and Loads occurs in a safe and efficient manner. 2.0 Release of Liability. Property Lessees shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of the site specific Use associated with USR22-0027, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. 3.0 Liability for Damage to Road. Property Lessees shall be fmancially responsible for any and all damage caused to any Weld County Road as a result of the design and construction of the site -specific Use associated with USR22-0027, without regard to the negligence, or lack thereof, of Property Lessees or its agents. This provision shall survive Termination of this Agreement pursuant to section B.2.0, below, and shall be of no further force and effect six months after the termination of this Agreement. B. Violations of Agreement and Remedies CBEP Solar 2, LLC and CBEP Solar 8, LLC — USR22-0027 — RMCA23-0007 Page 3of7 1.0 Violation of Terms of Agreement: If in County's reasonable opinion, Property Lessees has violated any of the terms of this Agreement, County shall so notify Property Lessees and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Lessees shall have thirty (30) days within which to either cure the violation or demonstrate compliance. Thereafter, County may seek any remedy described in this Agreement or otherwise provided by law. 2.0 Termination of Agreement: Termination Event: This Agreement shall terminate upon the earliest of the following events: 2.1 Cessation of all Permit Related Activities: Termination of this Agreement shall occur upon Property Lessees' complete cessation of all activities permitted by the USR. A partial cessation of activities shall not constitute a Termination of this Agreement, nor shall County's issuance of a partial release constitute a Termination. Unless informed in writing by the Property Lessees of cessation of activities, and verified by the County, cessation shall be presumed if the County determines that the USR has been inactive for three (3) years. 2.2 Execution of Replacement Agreement: This Agreement shall terminate following County's execution of a new Improvements Agreement with a new Property Lessees or Operator who has purchased the Property or has assumed the operation of the business permitted by the USR and intends to make use of the rights and privileges available to it through the then existing USR. 2.3 Revocation of USR: This Agreement shall terminate following County's revocation of Property Lessees' USR, except that the Property Lessees shall only be released from this Agreement after the successful completion of all improvements required under this Agreement. 2.4 Completion of Construction: This Agreement shall terminate following Property Lessees' completion of construction of the facilities authorized by the underlying USR. Property Lessees shall notify the County of completion. 3.0 Revocation of USR: Property Lessees acknowledges that failure to comply with the material terms of this Agreement constitutes cause to revoke the USR, and County may exercise this option in its sole reasonable discretion by proceeding with revocation under the then current provisions of the Weld County Code. 4.0 Court action: Upon notice of violation and failure to cure within the time permitted by this Agreement, County may seek relief in law or equity by filing an action in the Weld District Court. C. Miscellaneous Provisions. 1.0 1.0 Successors and Assigns. a 1.1 Property Lessees may not delegate, transfer, or assign this Agreement in whole or in part, a without the prior express written consent of County and the written agreement of the party to whom the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not g be unreasonably withheld by County. In such case, Property Lessees' release of its obligations shall a be accomplished by County's execution of a new Improvements Agreement with the successor Lessee 3 of the property. o �a LL°o� 1.2 County's rights and obligations under this Agreement shall automatically be delegated, transferred, or assigned to any municipality which, by and through annexation proceedings, has rah assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement. �m L 2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without 13 mma2 CBEP Solar 2, LLC and CBEP Solar 8, LLC — USR22-0027 — RMCA23-0007 Page 4 of 7 such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 3.0 Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 4.0 No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 5.0 Entire Agreement/Modifications: This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 6.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado, or its designee. 7.0 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, the parties agree that the Weld County District Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said dispute. 8.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Property Lessees, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 9.0 Release of Liability. Property Lessees shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions, or claims of every nature and _= description caused by, arising from, or on account of the design and construction of improvements made by Property Lessees pursuant to this Agreement, and pay any and all judgments rendered against the County on account of any such suit, action or claim, and notwithstanding Section 7.0 above, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or lid otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation mat insurance and public liability insurance coverage and shall operate in strict accordance with the laws and 11'51 regulations of the State of Colorado governing occupational safety and health. o o 10.0 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference ! as£ shall be null and void. ciftiPaR5 11.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or she is duly, .10E authorized and has legal capacity to execute and deliver this Agreement. Eachrepresents and warrants' Ra g p tY �' party P � Rag, o ti to the other that the execution and delivery of the Agreement and the performance of such party's obligations; mm am pe a `= CBEP Solar 2, LLC and CBEP Solar 8, LLC — USR22-0027 — RMCA23-0007 Page 5 of 7 hereunder have been duly authorized, and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. If requested by the County, Property Lessees shall provide the County with proof of Property Lessees' authority to enter into this Agreement within five (5) days of receiving such request. 12.0 Acknowledgment. County and Property Lessees acknowledge that each has read this Agreement, understands it, and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached or incorporated Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. 13.0 Notwithstanding any other provision contained in this Agreement, for any conflict or potential conflict between any term in this Agreement and the Resolution of the Board of County Commissioners approving the underlying land use permit, the provisions of the Board's Resolution shall control. In the event of a discrepancy between this agreement and the Weld County Code in effect at the time of the agreement, the terms of the Weld County Code shall control. 4896329 Pages: 6 of 7 05/05/2023 11:40 AM R Fee:$0.00 Carly Kopp., Clerk and Recorder, Weld County , CO IIIII I FACIPI lirlV I1�' WPM: = 11111 CBEP Solar 2, LLC and CBEP Solar 8, LLC — USR22-0027 — RMCA23-0007 Page 6 of 7 PROPERTY LESSEES: CBEP Solar 8, LLC By: Date 3 - 1 Name: 2a.o„att erg."'" ►n.L C Title: A '%n011'i 7,4 Saq ra'�o('y uumnwunn►wunnnn►wunnnnuu►mm�u►uuuuuwuxuumu� lJ / CHRISTOPHER MINWEGEN STATE OF COLORADO ) = NOTARY PUBLIC - STATE OF COLORADO 8 I NOTARY ID 20224047579 �^,,r n/ ) ss, MY COMMISSION EXPIRES DEC 20, 2026E County of !�YJIAa P( ) 71111111111►I11xNIgInINNINI11g111HqIqplixllqlqpiqxllqNnlnlqqN►Ij' The foregoing instrument was acknowledged before me this .Qtay of tk►{cl1 , 202 , by _8161 9ftvw‘mer WITNESS my hand and official seal. at_ Notary Public PROPERTY LESSEES: CBEP Solar 2, LLC By: Name: Zaokar1 erarhw.or Title: Av 46ri zad octant STATE OF COLORADO ) County of201,-,t ) Date 3 -Pt - �3 ss- �uunuwnuunmuxulluq►wlu►nwglgnn►malnnxnxmnum� CHRISTOPHER MINWEGEN NOTARY PUBLIC - STATE OF COLORADO I NOTARY ID 20224047579 8 MY COMMISSION EXPIRES DEC 20, 2026 , llounumummuqunn1 nal ullgn►woummummusunxlnl The foregoing instrument was acknowledged before me this as day ofm8 Ck 2021, by 7 1 ""' 1 (3 omrAw- WITNESS my hand and official seal. 1 1 Notary Public WELD COUNTY: ATTEST: ,, fzA.A.) .6"'&-' Weld C. n . Clerk to the B BY: Deputy Cler CBEP Solar BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ike Freeman, Chair MAY 0 12323 8, LLC — USR22-0027 — RMCA23-0007 Page 7 of 7 OZ0 O2 5— /,.9-1,1 Contract Form New Contract Request Entity Information Entity Name. CBEP SOLAR LLC ❑ New Entity? Entity ID. @00046946 Contract Name. Contract ID ROAD MAINTENANCE DURING CONSTRUCTION AGREEMENT 6835 CBEP SOLAR 2 LLC AND CBEP SOLAR 8 LLC USR22-0027 Contract Status CTB REVIEW Contract Lead JTRUJILLOMARTINEZ Contract Lead Email jtrujillomartinez@weldgov.c om Parent Contract ID Requires Board Approval YES Department Project # Contract Description. ROAD MAINTENANCE DURING CONSTRUCTION AGREEMENT CBEP SOLAR 2 LLC AND CBEP SOLAR 8 LLC USR22-0027 NO COLLATERAL REQUIRED Contract Description 2 Contract Type AGREEMENT Amount. $0.00 Renewable. NO Automatic Renewal ant Department PLANNING Department Email CM-Planning@weldgov.com Department Head Email CM-Planning- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORN EY@WELDG OV.COM Requested 11OCC Agenda Date. 04/19/2023 Due Date 04!15;202.3 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase ates Effective Date Review Date* 04/19/2024 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date* 04/1912025 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Approval Pry Department Head TOM PARKG JR. DH Approved Date 04/1412023 Final Approval BOCC Approved BOCC Signed Date i1OCC Agenda Date 05!01/2023 Originator JTRUJILL©MARTINEZ ocess Finance Approver CHERYL PATTELLI Purchasing Approved Date Finance Approved Date 04'14/2023 Tyler Ref # AG 050123 Legal Counsel BRUCE BARKER Legal Counsel Approved Date 04,15,2023 RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR22-0027, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - CBEP LAND 2, LLC, C/O CBEP SOLAR 2, LLC, C/O CBEP SOLAR 8, 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 4th day of January, 2023, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of CBEP Land 2, LLC, c/o CBEP Solar 2, LLC, c/o CBEP Solar 8, LLC, 4845 Pearl East Circle, Suite 118 #53242, Boulder, Colorado 80301, for a Site Specific Development Plan and Use by Special Review Permit, USR22-0027, for a Solar Energy Facility (SEF) outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Part of the W1/2 of Section 34, Township 6 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 22-2-10 states: the Guiding Principles that serve as the foundation for land use policy in the County. 1) Section 22-2-10.B states: "One of the basic principles upon which the United States was founded is the right of citizens to own and utilize property so long as that use complies with local regulations and does not interfere with or infringe upon the rights of others." The applicant/property owner has made a business decision on the highest and best use of his property, currently in a dry -up covenant. Of the 113 -acre parcel, 35 acres will be utilized for the proposed Solar Energy Facility (SEF). The land under the solar panels will be CC :PL('rr/NN/Ko), CA (881 RPM.. O1(26123 2023-0070 PL2852 SPECIAL REVIEW PERMIT (USR22-0027) - CBEP LAND 2, LLC, C/O CBEP SOLAR 2, LLC, CIO CBEP SOLAR 8, LLC PAGE 2 planted with a dry -land native grass seed that has been generally accepted for re -vegetation purposes for the entire parcel and will be maintained with no allowance for noxious weed growth. 2) Section 22-2-30.C states: "Harmonize development with surrounding land uses." The adjacent land will experience minimal nuisance from the SEF, which is an unmanned energy development facility with limited traffic generation, once operational. The applicant has proposed screening for residences within 500 feet of the facility. 3) Section 22-2-60.6 "Support responsible energy and mineral development." According to the application, the Solar Energy Facility will connect into the Xcel Energy power grid. The application states that efforts will be made to protect the soil and minimize the impacts to the area. Further, once operational, the proposed SEF creates no noise, odor, light or flickering, vibration, vermin, dust, or other nuisances. The operation of the SEF is virtually unnoticeable to neighboring properties and it will not impact surrounding property owners' right to quiet enjoyment. 4) 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." This portion of County Road 64 is a gravel road that is currently in engineering review as part of the County Road 66 alignment study, and possible right-of-way acquisition that could potentially impact setbacks. There is existing overhead electric service located south of County Road 64. B. Section 23-2-230.6.2 — The proposed use is consistent with the intent of the A (Agricultural) Zone District. 1) Section 23-3-40.FF — Uses by Special Review of the Weld County Code includes, "Solar Energy Facilities (SEFs), being more than five (5) acres in size but less than one hundred sixty (160) acres in the Near/Urban Area or being more than five (5) acres but less than three hundred twenty (320) acres in the Ag/Rural Area." The proposed facility footprint is in the urban area. 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 applicant/property owner has made a business decision on the highest and best us of the 35 -acre area for the solar energy facility. The proposed compact solar energy resource development will conserve lands and minimize the impact 2023-0070 PL2852 SPECIAL REVIEW PERMIT (USR22-0027) - CBEP LAND 2, LLC, CIO CBEP SOLAR 2, LLC, CIO CBEP SOLAR 8, LLC PAGE 3 on surrounding land and the existing surrounding land uses. The proposal meets the intent of the A (Agricultural) Zone District, including the Principles, Goals and Objectives, as outlined in Chapter 22 and permitted under Chapter 23, as the facility will produce energy harvested from the sun and will not interfere with adjacent agricultural operations. C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible with the existing surrounding land uses. The property is within 500 feet of 14 parcels, with six (6) homes, and the solar facility footprint is located within 500 feet of four (4) homes, specifically west of and north of the SEF footprint. As part of the application process, Weld County provided notice to these property owners and no responses were received. The proposed visual mitigation, Conditions of Approval and Development Standards will assist in mitigating the impacts of the facility on adjacent properties and ensure compatibility with surrounding land uses and 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 site is not designated as an Opportunity Zone on the Weld County Comprehensive Plan. The site is located within the three (3) mile referral area of the City of Greeley and within the three (3) mile referral area and the Coordinated Planning Agreement area for the Town of Kersey. The 2016 Town of Kersey Comprehensive Plan delineates the Kersey Influence Area extending to County Road 62. The subject property is located on County Road 66 and is, therefore, outside of Kersey's Future Land Use Planning Area. The City of Greeley, in an email dated October 12, 2022, stated, "The subject site is located within Greeley's Long Range Expected Growth Area the area in which the community anticipates annexation and urban development to occur in the future." And included an advisory comment "... we understand there is not currently water/irrigation available on the subject site, we would appreciate consideration for future landscape perimeter buffering and screening...." The Town of Kersey returned the Notice of Inquiry (NOI), dated July 29, 2022, with no concerns. E. Section 23-2-230.B.5 — The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is within the Airport Overlay District. The proposed SEF complies with the height limitations outlined in Chapter 23, Article V, Section 23-5-30 Airport Zone height limitations. Further, the proposed SEF will not create electrical interference, include any lights, result in any glare in the eyes of pilots, impair visibility in the vicinity of the Airport, create bird strike hazards, or otherwise interfere in any way with the operations of the Airport, as required 2023-0070 PL2852 SPECIAL REVIEW PERMIT (USR22-0027) - CBEP LAND 2, LLC, C/O CBEP SOLAR 2, LLC, CIO CBEP SOLAR 8, LLC PAGE 4 by Chapter 23, Article V, Section 23-5-40, use restrictions. The applicant will be required to file with the Federal Aviation Administration, who will ensure that the proposed SEF fully complies with FAA requirements for the Greeley -Weld County Airport. The property is not within the 1-25 Overlay District, Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer System area, Historic Townsites Overlay District, or Agricultural Heritage Overlay District. Building Permits issued on the property 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. In 2015, Sorin Natural Resource Partners, LLC (Sorin), owners of the subject property formerly described as Lot B of RECX13-0060, and is now described via a metes and bounds via a Partial Vacation executed, and recorded a permanent Dry -Up Covenant and Easement. The Dry -Up Covenant and Easement, recorded September 28, 2015, under Reception No. 4145503, states the conditions restrict the use of water and water shares on this property. Para phrasing here, Sorin or their successors shall not allow the planting of any crops, which can extend roots into the underlying groundwater, including, but not limited to, alfalfa. Sorin or their successors shall re -vegetate the property during or before the first growing period after the effective date of this Covenant with a dryland native grass seed that has been generally accepted for re -vegetation purposes on this land subject to dry up and shall maintain the desired vegetation growth and take reasonable measures to keep the property free of noxious weeds. The current property owner, as successor, will continue to maintain the dry land native grasses and will reseed as required for re -vegetation purposes, not only the area under the solar panels, but the entire parcel, per the covenant. 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of CBEP Land 2, LLC, c/o CBEP Solar 2, LLC, c/o CBEP Solar 8, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR22-0027, for a Solar Energy Facility (SEF) 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: 2023-0070 PL2852 SPECIAL REVIEW PERMIT (USR22-0027) - CBEP LAND 2, LLC, C/O CBEP SOLAR 2, LLC, CIO CBEP SOLAR 8, LLC PAGE 5 A. The applicant shall acknowledge the advisory comments of the Weld County Department of Planning Services — Floodplain Administrator, as stated in the updated referral response, dated September 28, 2022. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. B. The applicant shall acknowledge the advisory comments of the City of Greeley, as stated in the referral response, dated October 12, 2022. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. C. The applicant shall submit a dryland seed mix, acceptable per the dry -up covenant and easement requirements for review and acceptance. D. The applicant shall submit a landscape maintenance plan aimed at retaining the desired vegetation while keeping the property free of noxious weeds. E. The applicant shall submit a Fencing Plan for review and acceptance, if not utilizing the perimeter game fence with gates, as stated in the application materials. F. A Road Maintenance Agreement (Construction) is required at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes during construction. G. A Final Drainage Report and Certification of Compliance, stamped and signed by a Professional Engineer registered in the State of Colorado, is required. H. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR22-0027. 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 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. 5) 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 2023-0070 PL2852 SPECIAL REVIEW PERMIT (USR22-0027) - CBEP LAND 2, LLC, C/O CBEP SOLAR 2, LLC, C/O CBEP SOLAR 8, LLC PAGE 6 County Code), storage areas and miscellaneous improvements, as applicable. Clearly indicate which items are temporary for use during construction and which items are permanent. 6) Required fencing, gates and emergency/site identification signage, in accordance with Section 23-2-240.A.12 and Section 23-4-1030.C.6 of the Weld County Code. 7) 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. 8) Trash collection areas, if applicable. Section 23-2-240.A.13 of the Weld County Code addresses the issue of trash collection areas. 9) Setback radiuses for existing oil and gas tank batteries, wellheads, and encumbrances, if applicable. Setback requirements are located in Section 23-3-70.E of the Weld County Code. 10) Planned oil and gas surface development areas, corridors, access roadways, etc., as part of any executed Surface Use Agreement, if applicable. 11) The Screening Plan for residences within 500 feet, unless a waiver from the resident has been supplied to the Department of Planning Services. 12) County Road 64 is a paved 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 right-of-way. This road is maintained by Weld County. 13) This portion of County Road 62 is under the jurisdiction of the City of Greeley. Please contact the municipality to verify the right-of-way. Show and label the right-of-way. Show the approved access(es) on the site plan and label with the approved Access Permit number, if applicable. 14) The applicant shall show and label the proposed access point onto County Road 64 and the usage type (Agriculture, Residential, 2023-0070 PL2852 SPECIAL REVIEW PERMIT (USR22-0027) - CBEP LAND 2, LLC, C/O CBEP SOLAR 2, LLC, C/O CBEP SOLAR 8, LLC PAGE 7 Commercial/Industrial, or Oil and Gas). Development Review will review the access location as a part of the plan submittal. 15) The applicant shall show and label the entrance gate, if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event shall the distance from the gate to the edge of the traveled surface be less than 35 feet. 16) The applicant shall show and label the drainage flow arrows. 17) If applicable, the applicant shall show and label the accepted drainage features. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. 18) All recorded easements and rights -of -way shall be delineated on the plat by book and page number or Reception number. 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 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. The approved access and tracking control shall be constructed prior to on -site construction. B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required prior to the start of construction. 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.B.4 of 2023-0070 PL2852 SPECIAL REVIEW PERMIT (USR22-0027) - CBEP LAND 2, LLC, CIO CBEP SOLAR 2, LLC, C/O CBEP SOLAR 8, LLC PAGE 8 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 Permit 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 plat 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 4th day of January, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: gibfwv ► %id.; Weld County Clerk to the Board BY: APP u " A money Date of signature: of /24/23 Per L. B Sc tt K. James man, Chair uvtc. Pro-Tem evin D. Ross Lori Saine 2023-0070 PL2852 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS CBEP LAND 2, LLC CIO CBEP SOLAR 2, LLC C/O CBEP SOLAR 8, LLC USR22-0027 1 Site Specific Development Plan and Use by Special Review Permit, USR22-0027, is for a Solar Energy Facility (SEF) 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. Any future structures or uses onsite must obtain the appropriate Zoning and Building Permits. 4. The facility is unmanned and will operate year-round. Limited maintenance personnel may visit the site once operational. 5. 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. 6. 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. 7 Dust mitigation. The operators of the SEF shall continuously employ the practices for control of fugitive dust, detailed in their accepted Dust Mitigation Plan, per Section 23-4-1030.C.4 of the Weld County Code, as amended. Underground cables. All electrical cables on the improved area shall be buried, except for direct current string wires that connect between solar collectors, direct current collection circuits between rows of solar arrays that are no more than four (4) feet above grade crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts (where necessary). 9. 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. 10. 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 this 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). 11. Decommissioning. The site shall adhere to the accepted Decommissioning and Reclamation Plan. Weld County shall have the right to draw upon the irrevocable standby 2023-0070 PL2852 DEVELOPMENT STANDARDS (USR22-0027) - CBEP LAND 2, LLC, CIO CBEP SOLAR 2, LLC, C/O CBEP SOLAR 8, LLC PAGE 2 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. 12. The site shall be maintained in accordance with accepted Property Maintenance Plan. 13. The property owner shall maintain compliance with the Dry -Up Covenant and Easement, recorder! September 28, 2015, under Reception No. 4145503, at all times. 14. A Flood Hazard Development Permit is required for all construction or development occurri■g in the floodplain or floodway, as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Maps #08123C -1535E, issue date January 16, 2016 (Sand 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 requiements 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. 15. 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. 16. 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. 17. 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 i■ the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5. 18. During construction, waste materials shall be handled, stored, and disposed of in a mannerthat controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article t of the Weld County Code. 19. 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 sanitizes, be screened from public view, and removed when construction is completed. 20. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction of the facility. 21. The operation shall comply with all applicable rules and regulations of state and federal agenciee and the Weld County Code. 2023-0070 PL2852 DEVELOPMENT STANDARDS (USR22-0027) - CBEP LAND 2, LLC, C/O CBEP SOLAR 2, LLC, C/O CBEP SOLAR 8, LLC PAGE 3 22. 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. 23. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 24. 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. 25. The property owner shall comply with all requirements provided in the executed Road Maintenance Agreement. 26. Weld County is not responsible for the maintenance of on -site drainage related features. 27. The historical flow patterns and runoff amounts on the site will be maintained. 28. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 29. 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. 30. 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. 31. 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. 32. 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. 33. 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 2023-0070 PL2852 DEVELOPMENT STANDARDS (USR22-0027) - CBEP LAND 2, LLC, C/O CBEP SOLAR 2, LLC, C/O CBEP SOLAR 8, LLC PAGE 4 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 Plaming 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. 34. 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. Often, 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. 35. 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. 2023-0070 PL2852 Hello