HomeMy WebLinkAbout20230070.tiffRESOLUTION
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
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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.B "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
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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 23-2-230.6.3 — 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 23-2-230.6.4 — 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 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
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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.B.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, do CBEP Solar 2, LLC,
do 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:
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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
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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,
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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 23-4-1030.6.4 of
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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: ddifiGv.w ;,,i, m
man, Chair
Per L. Bu , Pro-Tem
Sc
Weld County Clerk to the Board
BY:
APP
A t rney
Date of signature: 0!/24/23
tt K. Ja
mes
evin D. Ross
Lori Saine
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CBEP LAND 2, LLC
C/O 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.
8. 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
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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,
recorded September 28, 2015, under Reception No. 4145503, at all times.
14. 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 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
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.
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 in 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
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.
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
sanitizers, 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
agencies and the Weld County Code.
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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
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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.
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.
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