HomeMy WebLinkAbout20220350.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR21-0019, FOR OPEN MINING (SOILS) AND PROCESSING OF
MINERALS OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE
A (AGRICULTURAL) ZONE DISTRICT - DAVID AND KAYLEEN HUNT
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 26th day of
January, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of David and Kayleen Hunt, 14460 County Road 40, Platteville, Colorado 80651,
for a Site Specific Development Plan and Use by Special Review Permit, USR21-0019, for Open
Mining (soils) and processing of minerals outside of subdivisions and historic townsites in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lots A and B of Amended Recorded Exemption,
1AMRECX20-14-0042; being part of the N1/2
NE1/4, and Lot B of Amended Recorded Exemption,
RE -993; being part of the S1/2 NE1/4, all in
Section 33, Township 4 North, Range 66 West of the
6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Andy
Rodriguez, Civil Resources, 8308 Colorado Boulevard, Longmont, Colorado 80504, 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:
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
[Weld County Comprehensive Plan] and any other applicable code
provisions or ordinance in effect.
1) Section 22-2-60. B states: "Support responsible energy and mineral
development." Weld County recognizes that mineral resource
extraction is both a right and an essential industry, which supports
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SPECIAL REVIEW PERMIT (USR21-0019) — DAVID AND KAYLEEN HUNT
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the regional economy and developmental needs. Such
extraction operations should minimize the impacts to
agricultural lands and agricultural operations. The proposed
mine will temporarily remove productive agricultural
cropland, as the properties are pivot irrigated and normally
planted in alfalfa or legumes. However, the land is and will
be, in a period of fallow throughout mining. Water rights are
not proposed to be sold or removed from the properties.
Following the short-term mining operation, the property will
be reclaimed to irrigable and cultivated land, with a healthy
soil matrix composed of set -aside topsoil from the subject
mine site, soil amendments and manure from the adjacent
Hunt feedlot. In this way, the subject site will not be removed
as farmland in Weld County. With the completion of mining
in each phase, slopes will be graded and the area will be
concurrently reclaimed for agricultural purposes, restoring
the property to its historic use.
The use of the product sourced from the proposed mine also
supports this Comprehensive Plan goal. As oil and gas sites
are abandoned, consolidated and reclaimed throughout
Weld County and the region, the demand increases for
reclamation soil for use in these efforts. The soil from the
proposed mine will primarily be used for reclaiming
abandoned or decommissioned oil and gas sites and will
have a widely positive impact in that many of these
reclaimed sites may be restored to productive agricultural
lands.
This site will also be operated in mandatory compliance with
the Colorado Division of Mining, Reclamation and Safety
(DRMS), which also ensures responsible mineral
development. The Colorado Mined Land Reclamation
Board approved the Construction Materials Regular
Operation Mine 11 2c Application for this proposed dirt mine
(permit number M-2021-030), on July 29, 2021. Financial
warranty has been set for this operation and must be
submitted prior to issuance of the DRMS permit and
commencement of mining, in addition to recording the USR
map.
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
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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 allows the applicant to apply for a Use by Special
Review permit for the subject mine, which is directly related to
natural resource extraction and is more intense than Uses Allowed
by Right.
2) Section 23-3-40.S — Uses by Special Review, of the Weld County
Code states, "Open Mining and processing of minerals, subject to
the additional requirements of Article IV, Division 4, of this Chapter."
This Code section allows the applicant to apply for the mine. All the
components of the USR will support this request.
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 are unincorporated and are
primarily zoned A (Agricultural). As the site is located near the Union Pacific
Railroad, which is located on the east side of U.S. Highway 85, there is a strip of
land zoned 1-3 (Heavy Industrial). On the northwest side of U.S. Highway 85 and
the mine, is the Town of Gilcrest municipal limits. The surrounding land uses
consist of feedlot operations, irrigated and dryland agricultural grounds, rural
residences and on -going oil and gas activity. Five (5) neighboring residences are
located within approximately 200 feet of the subject property lines.
The proposed mining area does not overlap with any other existing Use by Special
Review permits. There are several USRs within one (1) mile of the site, including:
USR-1197 (10,000 -head feedlot), 1MUSR21-08-0063 (trucking parking and
office), USR-1209 (storage and moving business), USR-1644 (kennel), and
USR13-0043 (mineral resource development facility).
Weld County Department of Planning Services staff sent notice to six (6)
surrounding property owners within 500 feet of the proposed USR boundary. No
written correspondence or telephone calls were received. The applicant has
previously noticed all six (6) of these identified surrounding property owners,
whether by the Structure Agreement outreach and/or Neighbor outreach in May
and July of 2021, as part of the DRMS notice requirements. Proof of mailings were
submitted in the USR application materials.
Due to the predominately agricultural surrounding land uses and temporary impact
of the operation, as the property will only be mined for approximately five (5) years,
this facility appears to be compatible with the area.
D. Section 23-2-230.8.4 — The uses_ which .will be permitted will be compatible with
future development of the surrounding area, as permitted by the existing zoning,
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and with the future development, as projected by Chapter 22 of this Code or master
plans of, affected. municipalities. This site is -located within the Town of Gilcrest
Intergovernmental Agreement (IGA) boundary and the Town of Platteville
Coordinated Planning Agreement (CPA) boundary. As part of the pre -application
process, Gilcrest returned a Notice of Inquiry form, dated March 30, 2021,
indicating no comments and no annexation interest. Platteville returned a Notice
of Inquiry form dated August 3, 2021, indicating no annexation interest, but
supports the need for an appropriate Road Maintenance Agreement, if applicable,
for the intersection at County Roads 31 and 32, located south of the subject parcel.
The site is located within the three (3) mile municipal referral radius of the Towns
of Gilcrest and Platteville. The Town of Gilcrest . referral response, dated
October 20, 2021, had no comments or concerns. The Town of Platteville did not
respond.
E. Section 23-2-230.B.5 Theapplication complies with Articles V and XI of this
Chapter if the proposal is located within an overlay zoning district or a special flood
hazard area identified by maps officially adopted by the county. The proposed mine
is not located within a Special Rood Hazard Area, Airport Overlay District
Municipal Separate Storm Sewer System (MS4) area, Geologic Hazard Overlay
District or Historic Townsite Overlay District. No listed ditches or railroads are
located on the subject properties. 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 facility is• primarily designated as "Prime Farmland if Irrigated" with low -slope,
sandy loam soils. There is a small portion of "Farmlands of State-wide Importance"
located in the southeast corner of the site. The applicant is the underlying property
owner. As such, only fee -owned property under such ownership control may be
considered for the locational decision of where to site the proposed dirt mine.
Although this property is irrigated and utilized as cropland, these activities will be
removed only temporarily. It is the intention of the applicant that the time in fallow,
combined with the integration of manure from the feedlot, will allow such soils that
remain on -site to have an improved nutrient value for future farming activities.
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. Those agency referral responses, which contained
comments, provide additional advisory information and conditions regarding
designing and operating the site to protect the interests of the County, public and
other governmental agencies.
H. Section 23-4-260 —Additional requirements for Open Mining have been addressed
through this application and mining -specific Development Standards will ensure
compliance with Section 23-4-290 and Section 23-4-300 of the Weld County Code.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of David and Kayleen Hunt, for a Site Specific Development
Plan and Use by Special Review Permit, USR21-0019, for Open Mining (soils) and processing of
minerals 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 referral comments of the Colorado
Department of Transportation, as stated in the referral responses dated
October 25, 2021, and November 23, 2021. 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 Colorado
Division of Water Resources, regarding; stormwater management, as
stated in the referral response, dated October 11, 2021..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 Weld
County Oil and Gas Energy Department, as stated in the referral response
dated November 3, 2021. Evidence of such shall be submitted, in writing,
to the Weld County Department of Planning Services.
D. An Improvements and Road Maintenance Agreement is required for
up -front off -site improvements at this location. Road maintenance includes,
but is not limited to, dust control and damage repair to specified haul routes.
The Agreement shall include provisions addressing engineering
requirements, submission of collateral, and testing and approval of
completed improvements.
E. An acceptable Final Traffic Impact Study stamped and signed by a
Professional Engineer, registered in the State of Colorado, is required.
F. The map shall be amended to delineate the following:
1) . All sheets of the map shall be labeled USR21-0019.
2) The attached Development Standards.
3) The map shall be prepared, per Section 23-2-260.D and Section
23-4-270 of the Weld County Code.
4) The applicant shall show and label the boundary of the DRMS
permit with a heavy line type. Notate the acreage included within
the DRMS permit boundary.
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5) The applicant shall show and label elements of the site layout,
including any scales, stockpiles, conveyors, internal site access
roads, heavy equipment storage areas, staging and loading areas,
and any temporary construction trailers and/or cargo containers, as
applicable.
6) The applicant shall show and label the anticipated mining phasing
plan and mining cells, as applicable and as approved by the
Division of Reclamation, Mining and Safety.
7) The applicant shall show and label the location of the employee
parking areas. Refer to Section 23-2-240.A.6 and Chapter 23,
Article IV, Division 1, of the Weld County Code.
8) The applicant shall show •and label the location of any buffering,
fencing and gates, including ,dimensions. Include specification
details on the USR map. Refer to Section 23-2-240.A.10 of the
Weld County Code.
9) The applicant shall show and label the location of any emergency
and site identification signage, if applicable. Include sign
specification details on the USR map. Refer to
Section 23-2-240.A.12, Chapter 23, Article IV, Division 2, and
Appendices 23-C, 23-D and 23-E of the Weld County Code.
10) The applicant shall show and label the location of the trash
collection areas, if applicable. Include specification details on the
USR map. Refer to Section 23-2-240.A.13 of the Weld County Code
for design criteria.
11) The applicant shall show and label any stationary lighting, if
applicable. All lighting shall be downcast and shielded so light rays
will not shine directly onto adjacent properties. Include specification
details on the USR map. Refer to Section 23-2-250.D of the Weld
County Code.
12) The applicant shall show and label the 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.
13) The applicant shall show and label all recorded easements and
rights -of -way on the map by book and page number, or reception
number and recording date. Reference the ALTA survey prepared
by Lat40, Inc., dated March 4, 2021. Identify any utility corridors and
underground lines that cross the site.
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14) County Road 40 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 right-of-way. This road is maintained by
Weld County.
15) County ,Road 31 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 arid 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,
16) The applicant shall show.and .label the approved access location,
approved access width and the appropriate turning radii on the site
plan. The applicant must obtain an Access Permit in the approved
location prior to construction.
17) The applicant shall show and label the approved tracking control on
the site plan.
18) The applicant shall show and label the entrance gate, if applicable.
An access approachthat, 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.
19) The applicant shall show and label the drainage flow arrows.
20) 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) 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.
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3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required 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.
5. Prior to Operation and Mining:
A. The applicant shall submit written evidence that the Financial and
Performance warranty has been submitted and accepted by the Division of
Reclamation, Mining and Safety. The resultant DRMS permit shall be
submitted.
6. 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 26th day of January, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
��,�,,,// I, WELD UNTY, COLORADO
ATTEST: �CG�%
Scott . James, Chair
W.' . ...... . ..i..
B`
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SITE SPECi 'rC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS,
DAVID AND .KAYLEEN'HUNT
.0 S R21--,0019
1 A Site Specific Development Plan and Use by Specia! Review Permit, USR21-0019, is for
Open Mining (soils) and processing of minerals 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. Open mining and loading of materials shall be conducted during daylight hours only, per
Section 23-4-290. B of the., Weld County Code. The facility may operate seven (7) days per
week, year-round.
4. The mine, shall remain in. .col a►pliance with the Weld County Open Mining requirements,
per Chapter 23, Article IV,; Division 4 of the Weld County Code, as amended, including
Operations policies and Reclamation policies.
5. The mine shall remain in compliance with the approved Colorado Division of Reclamation,
Mining and Safety 112c permit, number M-2021-030.
6. Expansion of mining areas shall require an amendment to the Use by Special. Review
permit and a Technical Revision to the Colorado Division of Reclamation, Mining and
Safety 112c permit.
7. Revisions as approved by the Colorado Division of Reclamation, Mining and Safety, may,
as determined by Weld County staff, require an amendment to this USR permit.
8. The on -site parking and storage areas for mine equipment and employee vehicles shall
be maintained.
9. The operator shall maintain compliance with the approved Division of Reclamation, Mining
and Safety Reclamation Plan,
10. All signs shall adhere to Section 23-2-240.A.12, Chapter 23, Article IV, Division 2 and
Appendices 23-C, 23-D and 23-E of the Weld County Code...
11. Sources of light shall be shielded so 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.
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12. 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 removedfor final disposal in a manner that
protects against surface and groundwater contamination.
13. 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.
14. 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 applicant shall operate in accordance with Chapter 14, Article I of the Weld
County Code.
15. 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.
16. The operation shall submit an. Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain permits from the Air Pollution Control Division of the
Colorado Department of Public Health and Environment., as applicable.
17. The operation shall obtain a Stormwater or other discharge permits from the Colorado
Department of Public Health and Environment, Water Quality Control Division, as
applicable.
18. The operation shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone as delineated in C.R.S. §25-12-103. The facility shall operate in
accordance with the noise report.
19. The operation shall remove, handle,.and stockpile overburden from the facility in a manner
that. prevents nuisance conditions.
20. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. A permanent, adequate water supply shall be provided
for drinking and sanitary purposes.
21. Any On -site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County code,, pertaining to OWTS.
22. Portable toilets and bottled water are acceptable to provide drinking and sanitary services
to the .site. 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, contain hand sanitizers and be screened from existing adjacent residential
properties and public rights -of -way.
23. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation, Mining and Safety.
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24. The operation shall comply with the. Mine Safety and Health Act (MSHA).
25. The facility shall notify the County of any revocation and/or suspension of any State issued
permit.
26. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
27. 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.
28. The access to the site shall be maintained to mitigate any. impacts to the public road,
including damages and/or off -site tracking.
29. There shall be .no parking or staging of vehicles on public roads. On -site parking shall be
utilized. .
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
Improvements Agreement.
32. The Improvements Agreement for this site may be reviewed on an annual basis, including
a site visit and possible updates.
33. The historical flow patterns and runoff amounts on the site will be maintained.
34. 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,
2018 International Energy Code, and 2020. 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, or an
Open Hole Inspection shall be required.
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
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DEVELOPMENT STANDARDS (USR21-0019) -- DAVID AND KAYLEEN HUNT
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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. Chapter 23, Article II, Section 23-2-290.A states: "Construction or use pursuant to
approval of a Use by Special Review Permit.shal) 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. Chapter 23, Article II, Section 23-2-290.3 states:' 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. Chapter 23, Article II, Section 23-2-290.,D states: "In such cases where the Use by Special
Review has terminated but the landowner does not agree. to request to vacate the Use by
Special. Review. Permit, a hearing -shall be scheduled with the Board of County
Commissioners to provide the landowner an.opport pity to.request•that the Use by Special
Review Permit not be vacated, for good cause shown. The landowner shall be notified at
least ten (10) days prior to the hearing. If the Board of County Commissioners determines
that the Use by Special Review has terminated and no good cause has been shown for
continuing the permit, then the termination becomes final and the Use by Special Review
Permit is vacated."
42. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34, of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties.of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and people moving into these areas must
recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
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resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
43. 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.
2022-0350
PL2811
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