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HomeMy WebLinkAbout20221245.tiffRESOLUTION RE: ACCEPT REQUEST TO WITHDRAW APPLICATION FOR A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR19-0024, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT AND SERVICE (CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT, AND RESCIND RESOLUTION #2019-3418, DATED AUGUST 7, 2019 - EWS #11 DJ BASIN, LLC, AKA EXPEDITION WATER SOLUTIONS 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, on August 7, 2019, the Board approved the application of Patrick and Julie Simons, 15521 Almstead Street, Hudson, Colorado 80642, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0024, for Mineral Resource Development Facilities, Oil and Gas Support and Service (Class II Oilfield Waste Disposal Facility — Saltwater Injection Facility) in the A (Agricultural) Zone District, on the following described real estate, to -wit, and: Lot C of Recorded Exemption, RECX19-0058; being part of the NW1/4 of Section 34, Township 1 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board has been presented with an email, dated March 28, 2022, from the current property owner, EWS #11 DJ Basin, LLC, also known as Expedition Water Solutions (EWS), do Jim Goddard, 2015 Clubhouse Drive, Suite 201, Greeley, Colorado 80634, requesting the withdrawal of the application, stating the plat map for USR19-0024 has not been recorded and EWS intends to abandon Use by Special Review Permit, USR19-0024, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to grant the applicant's request and thereby accept the withdrawal of the application and to rescind Resolution #2019-3418, dated August 7, 2019. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Expedition Water Solutions to withdraw the application for a Site Specific Development Plan and Use by Special Review Permit, USR19-0024, for a Mineral Resource Development Facilities, Oil and Gas Support and Service (Class II Oilfield Waste Disposal Facility — Saltwater Injection Facility) in the A (Agricultural) Zone District on the parcel of land described above be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Resolution #2019-3418, dated August 7, 2019, be, and hereby is, rescinded. GC:PL('rP/MN) APPL. 15/26/22 4846935 Pages: 1 of 2 08/08/2022 10:54 AM R Fee:$0.00 Carly Koppe,, Clerk and Reoonden, Wald County , Co VIII��� Y�1�1�9�W4�w 9� �'tihGlw� I� ��W W�h 11111 2022-1245 PL2687 WITHDRAW APPLICATION FOR USR19-0024 AND RESCIND RESOLUTION #2019-3418 - EWS #11 DJ BASIN, LLC, AKA EXPEDITION WATER SOLUTIONS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of May, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WF D COUNjTY, COLORADO ATTEST: ,di•� Weld County Clerk to the Board eputy Clerk to the Board County torney Date of signature: 5 %S /22. tt K. James, Chair 4846935 Pages: 2 of 2 08/08/2022 10:54 AM R Fee:$0.00 Carly Koppel, Clerk and Reoorder, Weld County , CO 2022-1245 PL2687 DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, CO 80631 Email: asnyder@weldgov.com Phone: (970) 400-3525 Fax: (970) 304-6498 DEPARTMENT OF PLANNING SERVICES MEMORANDUM TO: Weld County Board of County Commissioners FROM: Angela Snyder, Planner II SUBJECT: Rescind Resolution 2020-2956 and revoke Use by Special Review USR19-0024 HEARING DATE: May 2, 2022 CASE: A Site Specific Development Plan and Use by Special Review for Mineral Resource Development Facilities, Oil and Gas Support and Service (Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility) in the A (Agricultural) Zone District (EWS #11) OWNER: EWS #11 DJ Basin LLC c/o Jim Goddard LEGAL DESCRIPTION: Lot C of Recorded Exemption RECX19-0058; Being a part of the NW4 of Section 34, Township 1 North, Range 64 West of the 6th P.M, Weld County, Colorado LOCATION: East of. and adjacent to County Rd 55, south of and adjacent to County Rd 4 Section Line PARCEL SIZE: t 20 acres Parcel Number: 147534200024 ZONE DISTRICT: A (Agricultural) On August 7th, 2019, the Board of County Commissioners approved Use by Special Review USR19-0024, a Use by Special Review Permit for a saltwater injection facility via Resolution 2020-2956 (RE193418). The Department of Planning Services received an email from Jim Goddard on March 28, 2022, indicating that the applicant, EWS, intends to abandon Use by Special Review USR19-0024. The map for USR19-0024 has not been recorded. Section 23-2-200.H of the Weld County Code states, "...If the Board determines that conditions supporting the original approval of the Use by Special Review (USR) cannot be met, the Board may, after a public hearing, revoke the Use by Special Review (USR)." Staff recommends that the approval of USR19-0024 through Resolution 2020-2956 be rescinded and Use by Special Review USR19-0024 be revoked. Regards, 7 Angela Snyder, Planner II USR19-0024 EWS #11 Page 1 2022-1245 T21-709 From: Jim Goddard To: Angela Snyder Cc: Eric Wernsman Subject: RE: USR19-0024 EWS on Simons property Date: Monday, March 28, 2022 1:18:32 PM Attachments: image002.pnq Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Angela, since we got the USR our plans have changed and currently are preparing to list the property. I never received the USR mylar to sign but, I suppose it doesn't matter at this point. Jim Jim Goddard President/Founder 2015 Clubhouse Drive Suite 201 Greeley, Colorado 80634 970-515-6950 Office 970-381-5005 Cell www.expedition-water.com Expedition W From: Angela Snyder <asnyder@weldgov.com> Sent: Wednesday, Varch 16, 2022 3:15 PM To: Jim Goddard <jgoddard@expedition-water.com> Subject: RE: USR19-0024 EWS on Simons property Jim, I apologize for not responding to this email sooner. What are your intentions for the Simons site? I have to take that case to the Board for failure to record the USR map. You would have the right to explain why it's taken so long to record and ask for more time. Otherwise, the approval will be revoked. Let me know if you have any questions. Best, Angela Angela Snyder, CFM Planner II 1555 N 17th Ave Greeley, CO 80631 asnyder(@weldgov.com (970) 400-3525 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: Jim Goddard <jgoddard@expedition-water.com> Sent: Tuesday, December 21, 2021 11:49 AM To: Angela Snyder <asnyder(Eweldgov.com> Subject: FW: USR19-0024 EWS on Simons property ( aution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Angela, I received this from Eric and wanted to make a comment. We had an operator back out on the pipeline on the E11/Simmons property. I'm currently working with another operator to fill the future pipeline. Am I in hot water for not building this location out? Jim From: Eric Wernsman <ejwerns25@gmail.com> Sent: Monday, December 6, 2021 3:36 PM To: Jim Goddard <jgoddard@expedition-water.com> Subject: Fwd: USR19-0024 EWS on Simons property Hi Jim, I hope you are doing well. I got this email from Angela at Weld County. How would you like me to answer this? Forwarded message From: Angela Snyder <asnyder@weldgov.com> Date: Mon, Dec 6, 2021 at 11:47 AM Subject: USR19-0024 EWS on Simons property To: Eric Wernsman <ejwerns25gmail.com> Eric, Did EWS abandon the Patrick Simons property? Parcel 147534200009 If so, I will schedule a board hearing to rescind the USR. Angela Snyder, CFV Planner II 1555 N 17th Ave Greeley, CO 80631 asnyder@weldgov.com (970) 400-3525 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. Eric Wernsman Wernsman Engineering and Land Development LLC Cell 970-539-2656 I 4 . ,RIL, • a 411409M0 IIMIlaagabalISIP•alellrae U, -n D C) m COMMERICIA ACCESS I PERMIT I --130 th EWS #11 SITE [JSRJP-OOXXMA P CR 55, HUDSON WELD COUNTY, COLORADO ------------------------•---------5isme alaikaa aaSeaflbalalliaeasSeammeneaemeit•e rtl� / 228.5' 1 j LEACH FIELD DUMPSTER ENCLOSURE sift PIPE GATE coO 75' • Fr = 511510 O1cO C- OTQK° O 1 N I ' o '.0 QAWQ 0. LOOOOO OOOOO SUMP PIT a --aa as--•5555-•----•-----••----555•5-•- I I 60' ROAD ROW RECEPTION #354267 I DATED 05/21 /1921 S cs' -------•----•-5555-- rAi\> 291.5' DOWNCAST 2 HEAD LIGHT POLE CLASS 6 ROAD BASE SURFACE TYP, --4 ---•--•------•-------•-----••----------••--------------- S/TEPLAN 0 40 eo 120 LU cc U U, Lin CC U WCRWCR 4 Cr SITE a) O ce 3 Vicinity Map SCALE 1"=2000' LEGEND SWALE PROPERTY LINE EDGE ROW CULVERT GRAVEL SURFACE CONCRETE SURFACE EXTENT OF DETENTION POND LEGAL DESC: PART OF NW 1/4 OF SEC 34 T1 N R64W WELD COUNTY COLORADO • I g i I Oa1 1, LU Q Z 0 H O W 0 W SOLUTIONS EWS *11 SITE 8 u n O.._ EJW O.R 2/25/2019 IC.kl r- 40' ..o., CI IP WI J OFFSITE BASIN MAP nts n n. h h L - r"r \ \ I I Nib a h WS100 YR HW ELEVATIO = fl4 , 1 I , I I I I I I v 'I 1 1 1 1 1 1 '1 I 1 1 11 '1 1 11 i 11 111 11 111 II 111 II I I f' I ;---4-t ' 1 I 1 I I ' I I O 8 O 8 ..4 ". I 1 ' 1 1 I I II I I I 1 1 1 1 1 1 II I l 1 1 11 I 1 I I I I I / / / ' • . ' I I 1 1 ' ' I ( / I 1 1 I 1 1 1 I 1 I / I / ' 1 I 1 1 I I I I I I ' ' I 1 1 1 I I I 1l ..i...-r-*I -' I ` 1 -I I \ . N. 1 I I -1-- f I I I I ( 1 I ` - - - I 1 1 I I , 1 ..-..4''''I I I I I i 1 ` I I O n`� I .r.. I I I I I I I I I I I I I , I , I � 1 I I I 1 I 1 I I I 1 1 1 , I 1 1 1 / FL OUT ELEV =<,510(0, 4 / �L = 120' ,/ ' / / / ir tl-tttt--rJF 1 1 -t O"' O~ O 8 A ai . t/ 1( / r r if I I 1 I I I 1 I II I I 1 I , I , . 1 1 1 I I I I It J I' J I / l/ 1 I 1 I I EtTENTION POND r 4 c' _ OUTLET 10 —YR HISTORIC l L — RELEASE RATE = 0.64 CFS. . `. FL ELEV = 5101 ` ` N MT'' I ♦, S. S. .` \I II 9't8" x 9" D50 TYPE "L" I I r . .1 RIP RAP 1 I . I I ►' I I I I I I I I . l 1 I a I , , I 24" CAP WITH FLARED END I / i AT OUTLET. I I I FL IN ELEV = 5101.0 I I ' ,I / i ▪ I - ` ` ' \ \` \\ ` \` \\ S. / \ • •� \ .` \` 1 PROPOSED BASIN MAP SCALE 1" = 50' I II IS I ' 1I 1 I I 1 'I \ I I I I \ I I I I I I I I I r' I I I I I I III I 9 . • • `. • • • \ `. S. ••• • • ▪ • . U' ` \• \ 0 50 100 I I I I I I I I 1 J _ 150 . I 1 cc wco r Q � 8 z w 13 O c)U E w 0_ I— X W 0 cn L p EJW 2/25/2019 SCSI I 50' Snit C2 WS100 YR HW ELEVATIONS =5004.0 S4RMWPTER iiRETEN "t'°°NO \BUIL[ OR STO- VOLUME c 30,2 E / c __/ DETENTION POND r♦ OUTLET 10 -YR HISTORIC RELEASE RATE = 0.64 CFS. FL ELEV = 5101 I i I iI 24" CMP WITH FLARED END AT OUTLET. 4 ---FL IN ELEV - 5101.0 FL OUT ELEV = 5100.4 /L = 120' /// / / [cs-c 1 [1 LW cc 1_ 5 Q* 3 $ Z W 2 E U o Z 0 a- x w0 co U pig a.. EEJW 2/25/2018 ICU( r -3o' ♦ I I I I • I I • 40 I rt a m n A -P--•yam— �etr / I I I ..•► / - -_t --t n —f---4++t --- / / - =WS100 YRT-�- _ W ELEVATION - -5004. T_ :.a ST, RMWATER II1ETEN •N AR NO ‘BUILD OR sTo' ' GE MIN \ VOLUME c 30, CU `{T ` 1 1 1 1 1 \ I I 1 I 1 1 I 1 I s l I $ 1 I I 1 1 I 1 I 1 I 1 I I I I I I 1 1 I I I I I I I I I '' I I I 1 I 1 I I I I I I I � I 1 I t..t. 1 I 1 I I - i I I ent rems Lia T CP Cf) Lt.' t + $ /I erThr --;a T. 1 CON.ISTR'UCT'I VEIi-IIC4 TRACKING CONTRO( PAID W% 6'i OF/3" 3" / I i 'ROC'K M' INTAINi AS' REQUIRED Tb KEEP/ CR/55 F`REE,' OF/MLA 1 I AND' DEBRIS, TEMPORARY FENCE: TO II DIRECT/ TRAFFI9 THROUGH I I TRAKItCONTROLPAO DURING CONS;TRUICTICIN / / \\I I I I I I / I \ .o N. to h ♦ ^> ti8 a 0 O O 0 0 S. O O .9' ,Qi • h h 7 .�--.T . . ......IA.,�.. L I I / t/ / I r ( I EI I I 1 I 1 1 I 1 1 I 1 ` 1 1 i I I 1 1 I 1 I ri (I • 1 1 1 1 1 1 ` 1 1 1 1 ` I I I 1 1 1 I 1 1 ' 1 \ .` L ❑MOTE: 1 ALL 1 DISTWRBE6 AR AS \ j\\ Tk1AT ARE LOT AVE SHALL Elc s ` Rc—SEtDED' OR It ED IA RO DI \`, l A, B SE TO A I HIEVC FINAL `\ SvABILIATIdN ` `\� I I I 1 \ \ I 1 I 1 1 \ h 1 1 \ I 1 ` 1 ` ' \ \` 1 \ I 1 ) I \ I . I' • / •, 170 \ / I I / I I I ,P I I I c - \ \ I C E'TENTION POND f + -- OUTLET 10 -YR HISTORIC 1 RELEASE RATE = 0.64 CFS FL LEV = 5101 SITE MAINTENANCE NOTES: 1. REGULAR INSPECTION OF ALL DRAINAGE PATHS SHOULD BE SCHEDULED TO ENSURE PROPER FUNCTIONING OF THE DRAINAGE SYSTEM. 2. AFTER EACH RAIN EVENT SITE SHALL BE CHECKED TO ENSURE EROSION HAS NOT OCCURED AND/ OR CORRECT ANY ISSUES IF REQUIRED. 1t . 3. SNOW SHOULD BE PILED IN SUCH A MANNER AS TO NOT CAUSE PLUGGING OR 1 • MALFUNCTION OF DRAINAGE SYSTEM. 1 1• I 11 4. RE -SEED AS NECESSARY TO MAINTAIN GROUNDCOVER TO ELIMINATE SOIL EROSION 5. IF EMERGENCY OVERFLOW MAT BECOMES DISTURBED DUE TO STORMWATER REPLACEMENT WITH RIP RAP MAY BE NECESSARY 6. WELD COUNTY SHALL NOT BE RESPONSIBLE FOR MAINTENANCE OF ON -SITE DETENTION AREAS KEY TITLE SILT FENCE EXTENT OF DISTURBANCE VEHICLE TRACKING PAD CONCRETE WASHOUT AREA PERMANENT SEEDING SYMBOL/ LINE WORK -SF -SF SF - SF 0 .•.•.0.0.0.0 � I I II 4' X 9' X 18" 9" D50 TYPE "L" I RIP. RAP I I I I II I I / I 24" CMP WITH FLARED END • I AT OUTLET. FL IN ELEV = 5101.0 FL OUT ELEV = 5100.4 //L = 120' / / / S (• • . /CI' / / / / / ) 'S i C / .� 1.) VI e5 `Q. \ ( 1, ` ` . \ \ \ � . .'N \`. .5 �` .\ . �\ \ . . EROSION CONTROL PLAN SCALE IS ONLY VALID IF PRINTED ON 24" X 36" SHEET , WINO NOTES Rang. Stt. Loamy Pldna, Clayey Plains, Loamy Slopes COMMON NAME RECOMMENDED VARIETIES *seem wheatgnass Ant°, Barton, Rosarro Sid.oata g'na Vaughn, Butts, Ntner, EI Reno, Haskell Blue granHoehltd, LoOngton Ornn Ne.degrass Needleandithread Swltd►goss On/nv/le, Nebraska 28, Blackwell, Pathfinder Big Suntan Kow Uttle bluwtem Porblra, Cltnmorron Buffdognss Texaco, Sharpe Improved Yellow W,dlang ors Llano, Hat, Cheyenne, Oto X IN MIX 20 to 48 20 to 40 10 to 25 Up to 30 Up to 15 Up to 20 Up to 10 Up to 10 Up to 10 Up to 10 WHO RATE DRYLAND 8.0 4.5 1.5 5.0 7.5 2.5 5.5 3.5 Bur: 8.0 Ant 3.0 5.0 IRRIGATED 16.0 9.0 3.0 10.0 15.0 4.5 11.0 7.0 Bur 16.5 Floret 6.0 10.0 1 cc LU Q 0 H 0 W 8 ♦ _ D.•w EJW e.rrxra D.rl 2/25`2019 K4I r -4o' TOP nF WAIF REV - 102 5 -B -1 BOLT RACK TO 800 W/ (A) 1/2 E%P ANCHORS 100- YR ORIFICE PLATE BEHIND (1) I]/18 • HOLE ]8 3 /A GALVANIZED (wOCL% PLATE 1 wO Cv ORIFICE) TOP OF RATE Fur,' - 1025 FL (LEN 10),2 S° SLIP ANCHORS 100- YR oR1OCC PLATE ADA ANA TRASH INP%CL,5d. ]8 % 21 % 1/4 GALVANIZED STEEL PLATE (( (WOCV ORIFICE) S°TIEYb P°1,I°1CHOR5 OUTLET BOX ELEV OUTLET BOX PLAN VIEW // a REBA7 C WELDED 10 / TRASH RAC[ mFRANC (GALVANZED It/ FRANK) (GALVANIZED W/ RERAN) TRASH RACK PLAN VIEW (2) REOWiED 3e IL_ �I SWALE SEC A -A INN CHANNEL SLOPE - lax 2m V TOP OFF HEAD WALL ELEV 101 /a RERAN WELDED 10 FRAME AT A 0 C (GALVANIZED VI/ FRANC DETENTION POND OUTLET DETAIL III SWALE SEC B -B AIR 01ANN- S -I 1/4 TRASH RACK FRAME (GALVANIZED W/ REBAR) 24 OUTLET PIPE % 1/A GALVANIZED STEEL PLATE (WOCV ORIFICE) SEC A -A SEC B -B ) SWALE SEC C -C NIN CHANNEL SLOPE - IOW 13 % ,tLA1/A GALVANIZED 51EEL PLATE 100-YR ORIFICE • PVC RPE CO RC ETC IN CONCRETE o A - 10125 L ELEV . 101 CC cn Q 33 8 z s `_Ng L Z DO W J O N 1 EJW 2/25%208 n)o O5, VTC/WHEEL WASHOUT PLAN 6MmmunTNlhen WPCt1ID4J 6j Wo{NwenGeoGR.MAUI A Um Amon nom MAP= oft ammo.. Imravato I-8008007 KBUOMTmheA Ste RoIH Ow1YdSti,I Blm 20'20170eep Mn WASHOUT PROFILE ElI IYlideri hTOR,Bheen J Spril4E17pbO HDll 7%1Nnded to Bottom SILT FENCE INSTALLATION '211•71-4' \ m uvrA urteA �J' vST rtAv ATTACHING IWO SILT FENCES MELON �R1� ws Er 01101 VARIES I I I way_ MM.M. LEML GENERAL EROSION CONTROL NOTES Ver LIMILLATELY NORIANG THE CZETWIITLY.01.1.1.01.. =El MALL BE MOLDED AS A ERODE DACrgiVIITE TRENCH "ALL TISCH. I.. BE BACIONLEDIM MU. OrTrIlrLIMS MISR II... S.11 OE INAMMEMIN STAHL= MOM C.1173.... OP... ALL DIS11.0. ARMS AM SOO. n l SHAM DS STA... as REmm n SIM URN. DRAMA. LIMO PRACTICES SECT. 3 0 EROSION CONTROL ALL OLSTIPOLD KM M. SOL STOCKPMS SHALL BE 10.111..0 MDITAINED RS A MLCIIMPO COMMON AT AIL TR. MM. CEPSYMCIII34 SZEONC TmMI. CONSTRICTION BEST MSNIMEINNT BY EITY INSPECTOR Nfl sN mM B . TEMPORARY E REM.n WM. T DAYS AMER MT.AL �a =HT ALL son STrcerss SIZSA`PPe's muu NOT EMCEED A SLIM OP .. DITFN On Fa7 n ALL STORM SEWER D.TS SHALL BE PROM.. TRLEI SHE EMT OP SEOMENT MOM .17. CIMTIM ME AErOrt AT nrE EAD D7 Erg 4D�o ' ° C m: MAIMS REOL AD. sT MC. TILE INSPECTOR. AIL EROS. MU SC:MEAT CONTROL ...SURES BE 1106.13 AS SO. AS MEP LINCOLN HAS HEIN PATES. STIMMT TPAPSMASTIS SHALL BE [VANED AND RM.. OR STABILISED WM PROPERLY MM.. OFT .L SILT MOM THE SITE PITON= RECS.. ON SITE SECTOR MACK. ALL C.STRUCTION SUPPLIES OI MAMMALS OSLO MI STORM ON WM MUST BE OOP.. OF PROPERLY AND SLUST MELT ALL APPLICABLE SLMERML SAWN LIMA SI.T CRON. CREAM ETC EROSION CONTROL STRUCTURES DETAIL 12 I RAIZ 2007 scan NT 1-800-922-1987 go. SLOPE AND SWALE PROTECTION WATTLE DIAMETER SEE NOTE 5 r1 NATIAN VTrk BLO SEDIMENT TRAPPING AREA fiTP) ]2. 57. AGDDEN% ?cis, !n n.PD WATTLE SPACING TABLE SLOPE TYPE LL SMALL )I MAIN.. 0ETV 41 .o rcn INLET PROTECTION 10 TTP COS I SHALL RI Reuel. MM. IR APART R ELI eel' �ItdCL'J CONCRETE TRUCK WASHOUT PIT PROFILE CONTAINMENT BERM FROM PITFXGVATED NATFAR 1 EMTo LTA ALL CONCRETETRUCKS WASHOUT HERE SIGN 2 T. $) a WIC EROSION CONTROL STRUCTURES DETAIL 12 2 oav NARCII 2037 SCAM NTS A Cam 2/251208 NTB • C 4/7/22, 11:01 AM Property Report Weld County PROPERTY PORTAL Property Information (970) 400-3650 Technical Support (970) 400-4357 Account: R8962924 April 7, 2022 Account Information Account Parcel Space Account Type Tax Year Buildings Actual Value Assessed Value R8962924 147534200024 Agricultural 2022 0 1978 870 Legal PT NW4 LOT C REC EXEMPT RECX19-0058 Subdivision Block Lot Land Economic Area ECON 5 RURAL Property Address Property City Zip Section Township Range Owner(s) Account Owner Name Address R8962924 EWS BASIN #11 LLC DJ 600 17TH 802025472 ST STE 725S DENVER, CO Copyright © 2022 Weld County, Colorado. All rights reserved. Privacy Policy & Disclaimer I Accessibility Information https://propertyreport.co.weld.co.us/?account=R8962924&defaultsection=owner 1/1 4572087 03/04/2020 04 49 PM Total Pages 1 Rec Fee $13 00 Doc Fee $30 00 , Carly Koppes - Clerk and Recorder, Weld County, CO Special Warranty Deed (Pursuant to 38-30-115 C R S ) State Documentary Fee Date March 03, 2020 $30 00 THIS DEED, made on March 3rd, 2020 by PATRICK G SIMONS AND JULIE A SIMONS Grantor(s), of the County of Weld and State of Colorado for the consideration of ($300,000 00) "'Three Hundred Thousand and 00/100*** dollars in hand paid, hereby sells and conveys to EWS #11 DJ BASIN LLC, A DELAWARE LIMITED LIABILITY COMPANY Grantee(s), whose street address is 60D 17TH STREET SUITE 7255, Denver, CO 80202, County of Denver, and State of Colorado, the following real property in the County of Weld, and State of Colorado, to wit LOT C, RECORDED EXEMPTION NO 1478-34-2 RECX19-0058, ACCORDING TO MAP RECORDED AUGUST 22, 2019 AT RECEPTION NO 4517055 AND AFFIDAVIT OF CORRECTION RECORDED NOVEMBER 18, 2019 AS RECEPTION NO 4542346, BEING A PORTION OF THE NW1/4 OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 64 WEST OF THE 6TH P M , COUNTY OF WELD, STATE OF COLORADO "'EXCEPTING AND RESERVING UNTO GRANTOR 100% OF THE OWNED OIL, GAS AND MINERAL RIGHTS also known by street and number as VACANT LAND, Keenesburg, CO 80643 with all its appurtenances and warrants the title against all persons claiming under the Grantor(s), subject to general taxes for the year 2020 and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Grantee(s) in accordance with Record Title Matter (Section 8 2) of the Contract to Buy and Sell Real Estate relating to the above described real property, distribution utility easements, (including cable TV), those specifically described rights of third parties not shown by the public records of which Grantee(s) has actual knowledge and which were accepted by Grantee(s) in accordance with Off -Record Title Matters (Section 8 3) and Current Survey Review (Section 9) of the Contract, to Buy and Sell Real Estate relating to the above described real property, inclusion of the Property within any special tax district; any special assessment if the improvements were not installed as of the date of Buyer's signature on the Contract to Buy and Sell Real Estate, whether assessed pnor to or aft losing, and other Nop ) PATRICK G SIMONS /AJ WAR A. SIMONS State of Colorado County of itofej- The foregoing instrument was acknowledged before me on this day of March 3r., 2020 by PATRICK G SIMONS AND JULIE A SIMONS 1-1A )ss Witness my hand and official seal My Commission expires 3 Notary P GUADALUPE HERRERA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20054036757 MY COMMISSION EXPIRES NOVEMBER 4, 2023 When recorded return to EWS #11 DJ BASIN LLC, A DELAWARE LIMITED LIABILITY COMPANY 600 17TH STREET SUITE 725S, Denver, CO 80202 Form 34 closing/deeds/wd html 25161529 (425686) II I I IIIIII I II II I II III I II I I1 CORRECTED RESOLUTION (corrected to incorporate changes to DS #12 and #13 regarding an Improvements ana Roac Maintenance Agreement) RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR19-0024, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT AND SERVICE (CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT - PATRICK AND JULIE SIMONS 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 he 7th day of August, 2019, at the hour of 10:00 a.m., in the Chambers of the Board. for the purpose of hearing the application of Patrick and Julie Simons. 15521 Almstead St., Hudson, Colorado 80642, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0024, for Mineral Resource Development Facilities, Oil and Gas Support and Service (Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot C of Recorded Exemption. RECX19-0058: being part of the NW1/4 of Section 34, Township 1 North, Range 64 West of the 6th P M.. Weld County. Colorado WHEREAS, at said hearing, the applicant was represented by Eric Wernsman. 16493 Essex Road S. Platteville, Colorado 80651. 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 It is the opinion of the Board of County Commissioners that the applicant has shown compliance 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 22-4-140.A (EP.Goal 1) states: `Encourage the minimization of mineral resource exploration and production waste and require the safe disposal of it:" and (EP Policy 1.1) states: "Due cc: PLcast -TP),Pc.-t)(EP/TJ ), C HCC3F), ca C e c ) , CtePL, REP 2019-3418 t o l ocr/ i ci PL2687 SPECIAL REVIEW PERMIT (USR19-0024) - PATRICK AND JULIE SIMONS PAGE 2 to the impacts from surface impoundments and increasing public concern about them, other alternatives for disposal should be considered "The proposal is for a Class II Salt Water Injection Well facility and associated facilities and will be permitted through the Colorado Oil and Gas Conservation Commission (COGCC) prior to operation 2) Section 22-4-140 B (EP Goal 2) states "Mineral resource exploration and production waste facilities should be planned, located, designed and operated to encourage compatibility with surrounding land uses in terms of items such as general use, scale, height, traffic, dust, noise and visual pollution " This proposal is surrounded on four (4) sides by agricultural land and the proposed building will contain the Injection Well, which will mitigate the visual impacts The scale of the building is consistent with large agricultural buildings, and the Conditions of Approval and Development Standards will address traffic, dust, and noise 3) Section 22-6-20 C 1 (ECON Policy 3 1) states "County activities and regulation should protect the nghts of private property owners and the public health, safety and welfare, recognizing that these basic nghts and protections allow the free market to prosper and grow the local economy " 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 B Section 23-2-230 B 2 — The proposed use is consistent with the intent of the A (Agricultural) Zone District 1) Section 23-3-40 A 2 of the Weld County Code provides for Mineral Resource Development Facilities, Oil and Gas Support and Service including a Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility, as a Use by Special Review in the A (Agricultural) Zone District C Section 23-2-230 B 3 — The uses which will be permitted will be compatible with the existing surrounding land uses The adjacent lands consist of feedlots, pastures and crops The closest residence is approximately 0 9 miles west of the site There are two (2) other USR permits within one (1) mile of this location USR18-0103 for a greater than 13 -inch pipeline, and USR-1236 for a transmission line Five (5) surrounding property owners within 500 feet were notified of this proposal Staff received one (1) letter from a surrounding property owner stating concerns about the increase in traffic along County Road 55, emergency response, and some confusion related to vehicle trip calculation Most of the traffic to 2019-3418 PL2687 SPECIAL REVIEW PERMIT (USR19-0024) - PATRICK AND JULIE SIMONS PAGE 3 the site will be passenger vehicles, as produced water will be transported to the site via pipeline An Emergency Plan for this facility is required to be kept by the Weld County Office of Emergency Management 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 This site is not located in a Regional Urbanization Area, within three (3) miles of a municipality, or in any Intergovernmental Agreement Area E Section 23-2-230 B5 — The application complies with Chapter 23, Articles V and XI, of the Weld County Code The property is not within the Geologic Hazard Overlay District, Special Flood Hazard Area, or the Airport Overlay District Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee Programs F Section 23-2-230 B 6 — The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use The proposed facility will be located on soils designated as "Other Land," per the 1979 Soil Conservation Service Important Farmlands of Weld County Map This USR will not take any "Prime (Irrigated)" Farmland out of production G Section 23-2-230 B 7 — The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County The applicant will be required to demonstrate compliance with all Colorado Oil and Gas Conservation Commission (COGCC) and Colorado Department of Public Health and Environment (CDPHE) requirements and enter into a Weld County Improvements Agreement to address required off -site improvements and haul and traffic routes to and from the facility, at a minimum NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Patrick and Julie Simons, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0024, for Mineral Resource Development Facilities, Oil and Gas Support and Service (Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility) in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions 2019-3418 PL2687 SPECIAL REVIEW PERMIT (USR19-0024) - PATRICK AND JULIE SIMONS PAGE 4 1 Prior to recording the map A An Improvements Agreement during construction is required for off -site improvements at this location, to include perpetual road maintenance Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes B A Final Drainage Report and Certification of Compliance, stamped and signed by a Professional Engineer registered in the State of Colorado, is required C The applicant shall submit a Decommissioning Plan D The applicant shall submit a Lighting Plan that complies with Section 23-2-250 D and the Dark Sky Policy of the Weld County Code E The USR map shall be amended to delineate the following 1) All sheets of the map shall be labeled USR19-0024 2) The attached Development Standards 3) The map shall be prepared per Section 23-2-260 D of the Weld County Code 4) The applicant shall delineate the trash collection areas on the map Section 23-3-350 H of the Weld County Code addresses the issue of trash collection areas 5) If applicable, the map shall delineate the lighting 6) County Road 55 is a gravel road and is designated on the Weld County Functional Classification Map as a local road, which requires 60 feet of right-of-way at full buildout The applicant shall delineate and label the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road on the site map or plat All setbacks shall be measured from the edge of the nght-of-way This road is maintained by Weld County 7) County Road 4 Section Line is shown to have 60 feet of unmaintained section line right-of-way, per the Weld County GIS Right -of -Way Map The applicant shall delineate the existing right-of-way on the site plan The applicant shall show and label the section line Right -of -Way as "CR 4 Section Line Right -of -Way, not County maintained " All setbacks shall be measured from the edge of the right-of-way 2019-3418 PL2687 SPECIAL REVIEW PERMIT (USR19-0024) - PATRICK AND JULIE SIMONS PAGE 5 8) The applicant shall show and label the approved access location on the site plan The applicant must obtain an Access Permit in the approved location prior to construction 9) The applicant shall show and label the approved tracking control on the site plan 10) 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 11) 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 12) The applicant shall show and label the drainage flow arrows 13) The applicant shall show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property 2 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or 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 one hundred twenty (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 Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50 00 recording continuance charge 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 2019-3418 PL2687 SPECIAL REVIEW PERMIT (USR19-0024) - PATRICK AND JULIE SIMONS PAGE 6 5 Prior to the issuance of the Certificate of Occupancy A The applicant shall submit a Groundwater Monitoring Plan, for review and approval, to the Weld County Department of Public Health and Environment B The applicant shall submit design plans of the offload pad area which should incorporate a sub -sump monitoring point and synthetic liner, for review and approval, to the Weld County Department of Public Health and Environment 6 Prior to Operation A The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District The plan shall be reviewed on an annual basis by the Facility operator, the Fire District and the Weld County Office of Emergency Management Submit evidence of acceptance to the Department of Planning Services 7 The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of August, A D , 2019 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST d,,1 c .l :ok, Weld County Clerk to the Board BY71 / eputy Clerk to the Board APP . ED AS ount ttorney Date of signature OcI/25/1' Steve Moreno Barbara Kirkmey , e Chair Mike Freeman, Pro-Tem 2019-3418 PL2687 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS PATRICK AND JULIE SIMONS USR19-0024 1 The Site Specific Development Plan and Use by Special Review Permit, USR19-0024, is for Mineral Resource Development Facilities, Oil and Gas Support and Service (Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility) 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 property owner or operator shall provide written evidence of an Emergency Action and Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services 4 The number of employees shall be limited to ten (10), according to the application materials 5 Hours of operation are twenty-four (24) hours each day, seven (7) days per week, according to the application materials 6 The property owner shall maintain compliance with the approved Decommissioning and Lighting Plans 7 All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code 8 The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code 9 The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking 10 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized 11 Any work that may occupy and/or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement 12 The property owner shall comply with all requirements provided in the executed Improvements and Road Maintenance Agreement 13 The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates 14 The historical flow patterns and runoff amounts on the site will be maintained 2019-3418 PL2687 DEVELOPMENT STANDARDS (USR19-0024) - PATRICK AND JULIE SIMONS PAGE 2 15 Weld County is not responsible for the maintenance of on -site drainage related features 16 No disposal of waste, other than Class II, as currently defined by the Environmental Protection Agency, is permitted Any changes from the approved Class II Use will require an amendment to this Use by Special Review Permit 17 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 18 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 19 Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions The facility shall operate in accordance with Chapter 14, Article I, of the Weld County Code 20 Fugitive dust should attempt to be confined on the property Uses on the property should comply with the Colorado Air Quality Commission's Air Quality Regulations 21 The applicant shall submit an Air Pollution Emission Notice (A P E N ) and Emissions Permit Application and obtain a permit from the Air Pollution Control Division of the Colorado Department of Public Health and Environment, as applicable 22 Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times As employees or contractors are onsite for less than two (2) consecutive hours a day, portable toilets and bottled water are acceptable Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers Portable toilets shall be screened from existing, adjacent, residential properties and public rights -of -way 23 Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems A permanent, adequate water supply shall be provided for drinking and sanitary purposes 24 All potentially hazardous chemicals onsite must be handled in a safe manner in accordance with product labeling All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations 25 Secondary containment shall be constructed around tanks to provide containment for the largest single tank and sufficient freeboard to contain precipitation Secondary containment shall be sufficiently impervious to contain any spilled or released material Secondary containment devices shall be inspected at regular intervals and maintained in good condition All secondary containment will comply with the Colorado Oil and Gas 2019-3418 PL2687 DEVELOPMENT STANDARDS (USR19-0024) - PATRICK AND JULIE SIMONS PAGE 3 Conservation Commission (COGCC) Rules and/or the provisions of the State Underground and Above Ground Storage Tank Regulations 26 A leak detection system shall be designed and installed beneath concrete unloading pad(s), piping, and sump(s) The unloading pad shall be kept in good condition 27 As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, shall be available 28 The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur 29 The facility shall comply with the accepted Groundwater Monitoring Plan 30 Analytical waste data and environmental monitoring data shall be made available to the Weld County Department of Public Health and Environment upon request The Weld County Department of Public Health and Environment (WCDPHE) reserves the right to require additional monitoring 31 Any contaminated soils on the facility shall be removed, treated or disposed of in accordance with all applicable rules and regulations All spills will be reported to local, state and federal agencies in accordance with all state and federal regulations 32 All stormwater, which has come into contact with waste materials on the site, shall be confined on the site In the event the stormwater is not adequately controlled on the site, upon written notification from the WCDPHE or CDPHE, a comprehensive site -wide Stormwater Plan shall be developed and implemented The plan must be approved, in writing, by the WCDPHE or CDPHE, prior to implementation 33 The applicant shall obtain a Colorado Discharge Permit System (COPS) permit from the CDPHE, Water Quality Control Division, as applicable 34 The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone, as set forth in C R S §25-12-103 35 The WCDPHE will be notified prior to the closure of the facility Upon site closure, the facility will remove all wastes from the site and decontaminate all equipment, tanks, and secondary containment All wastes removed from the site during closure activities will be disposed of offsite, in accordance with all state and federal rules and regulations and with Weld County Code Documentation of closure activities will be provided to the WCDPHE 36 The facility shall notify the County of any revocation and/or suspension of any State -issued permit 37 The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-compliance of a State -issued permit, and of the outcome or disposition of any such compliance advisory or other notice of non-compliance 2019-3418 PL2687 DEVELOPMENT STANDARDS (USR19-0024) - PATRICK AND JULIE SIMONS PAGE 4 38 The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code 39 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 and the Dark Sky Policy 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 40 Building permits may be required, per Section 29-3-10 of the Weld County Code Currently, the following have been adopted by Weld County 2018 International Codes, 2006 International Energy Code, and 2017 National Electrical Code A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review A Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be required or an Open Hole Inspection 41 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 42 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 43 The property owner or operator shall be responsible for complying with all 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 44 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal Under Title 34 of the Colorado Revised Statutes, minerals are vital 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 persons moving into these areas must recognize the various impacts associated with this development Oftentimes, mineral resource sites are fixed to their geographical and geophysical locations Moreover, these 2019-3418 PL2687 DEVELOPMENT STANDARDS (USR19-0024) - PATRICK AND JULIE SIMONS PAGE 5 resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource 45 The Weld County Right to Farm Statement, as it appears in Section 22-2-20 J 2 of the Weld County Code, shall be placed on the map and recognized at all times 2019-3418 PL2687 Hello