HomeMy WebLinkAbout20232821.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR23-0022, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT - MICHAEL MORGAN, C/O CBEP SOLAR 15, 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
October, 2023, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Michael Morgan, 12742 County Road 54, Greeley, Colorado 80634,
c/o CBEP Solar 15, LLC, P.O. Box 1255, Sterling, Colorado 80751, for a Site Specific
Development Plan and Use by Special Review Permit, USR23-0022, 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:
NE1/4 of Section 30, Township 5 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, and represented by
Zach Brammer, CBEP Solar 15, LLC, 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
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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
oil and gas activity.
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. There are two (2) residences less than 500 feet from the
facility. The applicant will either get a waiver from the nearby
residence to the west or plant Rocky Mountain Junipers along the
outside of the western fence line to provide natural screening for
the nearby residence.
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 an 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 320 acres, in the Agricultural/Rural Area, as
shown on Appendix 21-B." This Code Section allows the applicant
to apply for the subject SEF, 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,
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communications infrastructure, and other appurtenant structures
and/or facilities." The SEF will encumber approximately 78.60 acres
of a 159.45 -acre parent parcel. The proposal meets the intent of
A (Agricultural) Zone District, as the facility will produce energy 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 properties adjacent to the
parent parcel are zoned A (Agricultural) and the land uses include
production agriculture and rural residences. The Department of Planning
Services staff sent notice to eight (8) surrounding property owners, who
own the 12 adjacent properties, within 500 feet of the proposed USR
boundary. No written correspondence or telephone calls were received.
There are eight (8) USRs within one (1) mile of the site. USR-1183 is for a
24 -inch HP natural gas pipeline, USR-657 is for a 295 -foot in height
broadcast tower, located to the west; 2MUSR18-12-1971 is for a greater
than 12 -inch HP Natural Gas Line, SUP -116, and SUP -1012 are for the
Weld County Landfill, located to the south; USR-1534 is for a gas
processing plant, USR11-0028 is for oil and gas support and service, and
are both located to the east.
Surrounding property owners were contacted by the applicant. Some have
requested screening and others desire no screening. The Department of
Planning Services also notified these property owners, and no additional
comments were received.
Based on the referral agency responses and the location of the site, the
proposed SEF is in an area that can support this development. The
Conditions of Approval and Development Standard will assist in mitigating
the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding and uses and the region.
Section 23-2-230.6.4 — 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 solar energy facility is proposed to be less than 160 acres in the
Near/Urban Area, so it does not require a 1041 review. The site is not in a
designated Opportunity Zone on the Weld County Comprehensive Plan.
The site is located within the three (3) mile referral area for the Town of
Milliken, Cities of Evans and Greeley, and the Coordinated Planning
Agreement area for the City of Evans and Town of Milliken. The Town of
Milliken did not return a referral response. The City of Evans returned a
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Notice of Inquiry (NOI) form, dated June 15, 2023, which stated, while the
property is located within the City of Evans Urban Growth Boundary, it is
approximately 0.5 miles west of lands annexed into the municipal limits of
the City of Evans and is located on the west side of Two Rivers Parkway,
therefore, they do not wish to pursue annexation at this time.
The City of Evans' 2022 Community Master Plan Future Land Use Map
designates this parcel as Residential -Urban with a mixed -use component,
adjacent to County Road 54, and a Neighborhood Center within the
Section. The Plan identifies uses in the urban residential area as primarily
single-family detached homes; duplexes; townhomes; multifamily
residential dwellings, supporting complementary uses, including open
space and recreation; schools; community centers; places of worship;
public/quasi-public or civic uses. The mixed -use designation provides a
range of residential housing types such as single-family detached,
duplexes, patio homes, townhomes, apartments, and condominiums.
Commercial, retail, office, and live work sites should be designed as activity
centers. The Neighborhood Center provides opportunity for smaller scale
commercial, retail, and service nodes, such as Retail stores (e.g., grocery
stores, shops, restaurants, entertainment, and convenience stores),
personal and business services, offices, community facilities and similar
uses. These two (2) designation areas compliment the open space, parks,
plazas, and other public or quasi -public uses such as schools, places of
worship, libraries, and community centers, as well as limited industry uses
that are related to the neighborhood business centers and energy
production facilities.
The City of Greeley in the referral response, dated June 30, 2023, stated
the subject site is located within Greeley's Long Range Expected Growth
Area (LREGA), the area in which the community anticipates annexation
and urban development to occur in the future. If, in the future, water and
sanitary sewer service are requested to serve the property, then
annexation into the City of Greeley will be required, as the City of Greeley
does not currently provide utility services to the subject property.
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 not within the
Airport Overlay District, the 1-25 Overlay District, Special Flood Hazard
Area, the 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. The facility will be located on Olney fine sandy loam, which is classified
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with a B rating, Otero fine sandy loam, which is classified with an A rating,
and Weld loam, which is classified with a C rating, per the Soil Report,
dated April 24, 2023, from the Natural Resource Conservation Service Soil
Survey. These loam soils have a high infiltration rate and low runoff
potential. Of the 78.6 acres, 45 acres is classified as Farmland of Statewide
Importance, 22 acres as Prime if Irrigated, and 12 acres, more or less, is
classified as not Prime. The land is under a center pivot and is irrigated.
The applicant indicated the land will continue in agricultural production if
the site is decommissioned.
Per the application materials, the property owner stated there are water
rights associated with the land and requests consideration to lease part of
the land for solar because it will decrease the water demand and will
generate money from the solar lease and lower the water costs.
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. 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Michael Morgan, do CBEP Solar 15, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR23-0022, 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:
A. The applicant shall address the requirements of Xcel Energy a Public
Service of Colorado Company, as stated in the updated referral response,
dated July 6, 2023. 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 June 30, 2023. Evidence
of such shall be submitted, in writing, to the Weld County Department of
Planning Services.
C. The applicant shall acknowledge the advisory comments of the State of
Colorado Division of Water Resources, as stated in the referral response,
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dated July 10, 2023. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
D. The applicant shall acknowledge the advisory comments of Front Range
Fire Rescue, as stated in the referral response, dated June 20, 2023.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
E. The applicant shall acknowledge the advisory comments of Colorado Parks
and Wildlife, as stated in the referral response, dated June 21, 2023.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
F The applicant shall acknowledge the advisory comments of the Department
of Oil and Gas Energy, as stated in the referral response, dated June 22,
2023. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
G. The applicant shall submit to the Department of Planning Services any
screening waivers from residents within 500 feet. If waivers are not
obtained, opaque screening is required, per the accepted Landscape and
Screening plan.
H. 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.
If utilizing a vegetative material for visual mitigation to screen the facility
from adjoining properties to the east and south, the applicant shall submit
an Irrigation Plan to the Department of Planning Services for review and
acceptance.
J. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR23-0022.
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 and label the required setbacks, in
accordance with Section 23-4-1030.C.3 of the Weld County Code.
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.B of the Weld
County Code), storage areas and miscellaneous improvements, as
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applicable. Clearly indicate which items are temporary for use
during construction and which items are permanent.
6) 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.
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) Planned oil and gas surface development areas, corridors, access
roadways, etc., as part of any executed Surface Use Agreement, if
applicable.
10) Screening Plan for residences within 500 feet, unless a waiver from
the resident has been supplied to the Department of Planning
Services.
11) County Road 54 is a paved road and is designated on the Weld
County Functional Classification Map as an arterial road, which
requires 140 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. All setbacks shall be measured
from the edge of the right-of-way. This road is maintained by Weld
County.
12) County Road 27, also known as 83rd Avenue, 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.
All setbacks shall be measured from the edge of the right-of-way.
This road is maintained by Weld County.
13) The applicant shall show and label an approvable access point onto
County Road 27, also known as 83rd Avenue, and the usage
type(s) (Agriculture, Residential, Commercial/Industrial, or Oil and
Gas). Development Review will review the access location as a part
of the plan submittal.
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14) The applicant shall show and label the drainage flow arrows.
15) The applicant shall show and label 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 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
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.
B. The approved access and tracking control shall be constructed.
C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
D. Prior to the release of Building Permits, the applicant shall be required to
submit a complete access application for a "preliminarily approved" access
location, as shown on this plan.
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of October, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: didam)
W jeitD;,A.
Weld County Clerk to the Board
• ttiCUIAY( de__
Deputy Clerk to the Board
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APP'. ED ,!,.��RM. r , �'R. I�
Mik man, Chair
ie
Perry Pro-Tem
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Date of signature: ! v 12 3
D. Ross
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PL2888
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MICHAEL MORGAN, C/O CBEP SOLAR 15, LLC
USR23-0022
1. Site Specific Development Plan and Use by Special Review Permit, USR23-0022, 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. 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 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 their 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
grade crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts,
where necessary.
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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 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. Access permit. Prior to construction of the SEF, the applicant shall apply for and obtain an
approved Access Permit from the Weld County Department of Public Works, pursuant to
the provisions of Chapter 8, Article XIV, per Section 23-4-1030.C.8 of the Weld County
Code, as amended.
14. 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.
15. 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 permit holder has not commenced decommissioning and reclamation activities
within 90 days of the Board of County Commissioners' order or Resolution directing
decommissioning and reclamation.
16. The site shall be maintained in accordance with accepted Property Maintenance Plan.
17. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. 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.
18. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
19. 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 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.
20. 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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21. 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.
22. 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.
23. 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.
24. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the facility.
25. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) Permit
requirements, as stipulated by 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
Residential Zone, as delineated in C.R.S. §25-12-103.
27. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
28. 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.
29. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
30. 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.
31. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
32. Prior to the release of Building Permits, the applicant shall be required to submit a
complete access application for a "preliminarily approved" access location, as shown on
this plan.
33. Weld County is not responsible for the maintenance of on -site drainage related features.
34. The historical flow patterns and runoff amounts on the site will be maintained.
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35. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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 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.
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
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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.
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.
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