HomeMy WebLinkAbout20200169.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0058, FOR OPEN MINING (SAND, GRAVEL, AND STONE) IN THE
A (AGRICULTURAL)ZONE DISTRICT-ORRLANDO, LLC, C/O BUCKLEN SERVICES
COMPANY
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 11th day of
December, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Orrlando, LLC, 1813 61st Ave., Suite 200, Greeley, Colorado 80634,
do Bucklen Services Company, 804 N. 25th Ave., Greeley, Colorado 80631, for a Site Specific
Development Plan and Use by Special Review Permit, USR19-0058, for Open Mining (sand,
gravel, and stone) in the A (Agricultural) Zone District, on the following described real estate,
being more particularly described as follows:
Part of the W1/2 SW1/4 of Section 29, Township 6
North, Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board heard all of the testimony and statements of those present and
reviewed the request of the applicant and, having been fully informed, deemed it advisable to
continue the matter to January 22, 2020, at 10:00 a.m., to allow Orrlando, LLC, do Bucklen
Services Company, adequate time to complete a Noise Study, and
WHEREAS, a hearing before the Board was held on the 22nd day of January, 2020, at
which time the Board deemed it advisable to continue said matter to March 11, 2020, at
10:00 a.m., to allow Orrlando, LLC, do Bucklen Service Company, adequate time to complete a
Noise Study and evaluate berming options, and
WHEREAS, a hearing before the Board was held on the 11th day of March, 2020, at which
time the Board deemed it advisable to continue said matter to March 25, 2020, at 10:00 a.m. to
allow for Commissioner Kirkmeyer to be present, and
WHEREAS, a hearing before the Board was held on the 25th day of March, at which time,
because of the COVID-19 event and to protect the health, safety, and welfare of the general
public, the Board deemed it advisable to continue the matter to April 22, 2020, and
WHEREAS, a hearing before the Board was held on the 22nd day of April, at which time,
because of the ongoing COVID-19 event and to protect the health, safety, and welfare of the
general public, the Board deemed it advisable to continue the matter to May 6, 2020, and
WHEREAS, on May 6, 2020, 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
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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 22-2-10.D states: "Extraction of natural resources is an
important part of the economy of the County. Such extraction
operations should minimize the impacts to agricultural lands and
agricultural operations". Aggregate mining is economically
important to Weld County and is site specific to areas with
commercial mineral deposits. The project includes a proposal to
reroute the Storms Lake Drainage, which is a Whitney Lateral Ditch.
The applicant is working with the ditch company to minimize the
impacts to agricultural operations in the area.
2) Section 22-5-80.B (CM.Goal 2) states: "Promote the reasonable
and orderly exploration and development of mineral resources."
The proposed hours of operation are Monday to Friday, 8:00 a.m.
to 5:00 p.m., daylight only, limiting any nuisance condition to
business hours. A Landscape and Screening Plan is required of the
applicants as a Condition of Approval to buffer the operation of from
surrounding property owners and adjacent rights-of-way. These,
coupled with the Conditions of Approval and Development
Standards, will promote compatibility with the surrounding land
uses.
3) Section 22-5-80.C (CM.Goal 3) states: "Minimize the impacts of
surface and subsurface mining activities on the surrounding land,
land uses, roads and highways." The proposal will have an effect
on the adjacent road system. Topsoil and overburden will be placed
on the southwest side of the Storms Lake Drainage Ditch, which will
require trucks to travel on County roads. A Road Maintenance
Agreement is being required as a Condition of Approval to address
this concern.
4) Section 22-5-80.D (CM.Goal 4) states: "Minimize hazardous
conditions related to mining activities and the mining site." The
Conditions of Approval and Development Standards and conditions
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of the Colorado Division of Reclamation, Mining and Safety 112
Permit have been designed to minimize hazardous conditions of
mining in this location.
5) Section 22-5-80.E (CM.Goal 5) states: "Provide for timely
reclamation of all mining sites and promote their beneficial reuse."
The site is expected to be completely mined within ten (10) years.
The site is proposed to be reclaimed for water storage and
residential dwellings, which is compatible with the surrounding
properties. The proposed use is in an area that can support this
development and the Conditions of Approval and Development
Standards will assist in mitigating the impacts of the facility on the
adjacent properties and ensure compatibility with surrounding land
uses and the region.
B. Section 23-2-230.6.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states, in part: "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." Natural resource extraction meets the intent of the
A (Agricultural) Zone District.
2) Section 23-3-40.S states: "Open mining and processing of
minerals, subject to the additional requirements of Article IV,
Division 4, of this Chapter."Open mining is permitted as a Use by
Special Review under Section 23-3-40.S.
C. Section 23-2-230.6.3—The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
crops, a mining operation and suburban and rural residences. There is
one (1) residence immediately adjacent to the site and as many as ten (10)
residences within 200 feet of the property. There are seven (7) USRs within
one (1) mile of the site: three (3) for mining operations; USR1657,
USR1125AM2, USR897AM2; USR-1144AM (3,000 head-dairy);
USR-1212 (airstrip); USR-1163 (gas line); and USR-1204 (accessory
structure). The Weld County Department of Planning Services sent notice
to seventeen (17) surrounding property owners and received
correspondence from two (2) surrounding property owners within 500 feet
of the parent parcel, both of whom indicated an association with a Whitney
Ditch Lateral crossing the property, referred to in the application as the
Storms Lake Drainage. The letters indicated a concern with the applicant's
proposal to realign the ditch. Both indicated that conversation between the
applicants and the Whitney Irrigation Company were occurring and
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requested that an agreement be in place as a Condition of Approval of the
USR. A Condition of Approval has been included that requires the
agreement be in place prior to recording the USR map. The Conditions of
Approval require that the applicant submit an Emergency Action and Safety
Plan, a Landscape and Screening Plan and a Road Maintenance
Agreement. The Conditions of Approval and Development Standards will
assist in mitigating the impacts of the facility on the adjacent properties and
ensure compatibility with surrounding land uses and the region.
D. Section 23-2-230.B.4—The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the Coordinated Planning
Agreement (CPA) area for the Towns of Severance and Windsor, both of
whom indicated on Notice of Inquiry forms submitted with the application
that the site was outside of their Growth Management Areas. The site is
located within the three (3) mile referral area of the City of Greeley. The
City, in referral comments dated October 11, 2019, indicated that the
proposal was consistent with the North Greeley Rail Corridor Subarea Plan,
adopted by Weld County, and requested that easements and future
rights-of-way be shown on the site plan. The applicant submitted evidence
of executed agreements with all mineral owners, as required for the
DRMS 112 permit. There are several oil and gas pipelines passing through
the subject property. All shall be incorporated into the final design of the
mining operation and be shown on the USR map as limiting site factors.
E. Section 23-2-230.6.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is in a Special
Flood Hazard Area Zone A. Flood Hazard Development
Permit (FHDP19-0072) has been approved for this project. This property is
not within the Geologic Hazard Overlay District, MS4 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. All except a small portion of the property is located on Prime soils, per
the 1979 Soil Conservation Service Important Farmlands of Weld County
Map. According to the Natural Resources Conservation Service Web Soil
Survey, dated October 31, 2019, the soils are listed as Kim loam, Olney
fine sandy loam and Otero sandy loam with one (1) to three (3) percent
slopes. The soils are listed as being severely limited in their ability to be
adequately irrigated and the National Commodity Crop Productivity Indices
on those soils range between 0.176 and 0.271, indicating that soils have
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"Moderately low inherent productivity." Topsoil will be piled onsite and used
in reclamation of the property following extraction.
G. Section 23-2-230.6.7 — 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 Orrlando, LLC, do Bucklen Services Company, for a
Site Specific Development Plan and Use by Special Review Permit, USR19-0058, for Open
Mining (sand, gravel, and stone) 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 provide to the Department of Planning Services a copy
of the executed written agreement to address the requirements of the
Whitney Irrigation Company shareholders who are the users of the
downstream siphon lateral, as stated in the referral response dated
October 14, 2019.
B. The applicant shall provide to the Department of Planning Services a copy
of the executed written agreement to address the requirements of the
Greeley Irrigation Company.
C. A Landscape and Screening Plan shall be submitted to, and approved by,
the Department of Planning Services which includes a ten (10) foot berm
topped with an eight (8) foot privacy fence that screens the site between
the Bracewell community and the mining boundary and an eight (8) foot
berm between the resident to the south and the mining boundary.
D. An Improvements and Road Maintenance Agreement for dust control,
damage repair to specified haul routes, and triggered off-site improvements
is required at this location.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0058.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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4) The applicant shall delineate the trash collection areas on the map.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
5) The map shall delineate the landscaping and screening in
accordance with the approved Landscape and Screening Plan.
6) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
7) The map shall delineate the parking areas.
8) The applicant shall show and label all recorded easements by book
and page number or reception number and date.
9) The applicant shall show and label the floodplain and floodway (if
applicable) boundaries on the map. The applicant shall label the
floodplain boundaries with the FEMA Flood Zone and FEMA Map
Panel Number.
10) The applicant shall show and label 120 feet of future right-of-way
for County Road 27, as designated on the City of Greeley 2035
Comprehensive Transportation Plan and label as a "no-build zone".
11) The applicant shall show and label 150 feet of future right-of-way
for County Road 64, as designated on the City of Greeley 2035
Comprehensive Transportation Plan.
12) County Road 27 is a paved road and is designated on the Weld
County Functional Classification Map as an arterial road, which
requires 140 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
13) County Road 64 is a paved road and is designated on the Weld
County Functional Classification Map as an arterial road, which
requires 140 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
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14) The applicant shall show and label the approved tracking control on
the site plan.
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) 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 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 for construction outside of the
gravel mining area, a Weld County Grading Permit will be required.
C. Any construction in the floodplain requires a Floodplain Permit.
5. 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
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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.
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 6th day of May, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: da,,f44) &C jdD:tok RECUSED
Mike Freeman, Chair
Weld County Clerk to the Board
Steve� oreno, Pro-Tern
BY:
eputy Clerk to the Board
', K. James
APP A • - tKAJAIA- A—;
��y t ism 1� :• 1� -arbara Kirkmeyer
o my Attorney i EXCUSED
fit it Kevin D. Ross
Date of signature: 5/27/2O�•..,,,_�'
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ORRLANDO, LLC, C/O BUCKLEN SERVICES COMPANY
USR19-0058
1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0058, is
for Open Mining (sand, gravel, and stone) in the A (Agricultural) Zone District and is
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 hours of operation are 8:00 a.m. - 5:00 p.m., Monday — Friday, daylight hours only
pursuant to Section 23-4-290.B of the Weld County Code.
4. The number of on-site employees shall be up to two (2), as stated in the application
materials.
5. The number of commercial vehicle round trips per day shall be limited to seventeen (17).
6. 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.
7. The existing and proposed landscaping and screening on the site shall be maintained in
accordance with the approved Landscape and Screening Plan.
8. The property owner or operator shall provide written evidence of an approved 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.
9. The site shall maintain compliance with the approved Colorado Division of Reclamation,
Mining and Safety 112 Permit.
10. Revisions, as approved by the Colorado Division of Reclamation, Mining and Safety, may
require an amendment to this USR Permit, as determined by Weld County Staff.
11. The property owner or operator shall maintain compliance with the approved Reclamation
Plan.
12. 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.
13. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
14. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
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15. 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.
16. The property owner shall comply with all requirements provided in the executed
Improvements and Road Maintenance Agreement.
17. The Improvements and Road Maintenance Agreement for this site may be reviewed on
an annual basis, including a site visit and possible updates.
18. The historical flow patterns and run-off amounts on the site will be maintained.
19. Weld County is not responsible for the maintenance of on-site drainage related features.
20. 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.
21. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, C.R.S §30-20-100.5.
22. 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 and the accepted Waste Handling Plan.
23. Fugitive dust should attempt to be confined on the property. Uses on the property shall
comply with the Colorado Air Quality Commission's Air Quality Regulations and the
accepted Dust Abatement Plan.
24. The operation 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.
25. The facility 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 accepted Noise Report.
26. The operation shall remove, handle, and stockpile overburden, gravel, sand and soil from
the facility area in a manner that prevents nuisance conditions.
27. Adequate drinking, handwashing, and toilet facilities shall be provided for employees and
the public, at all times. 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
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cleaner licensed in Weld County and shall contain hand sanitizers and be screened from
existing adjacent residential properties and public rights-of-way.
28. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges
in accordance with the Rules and Regulations of the Water Quality Control Commission,
and the Environmental Protection Agency.
29. If applicable, the operation shall obtain a stormwater or other discharge permits from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
30. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation, Mining and Safety.
31. The operation shall comply with the Mine Safety and Health Act (MSHA).
32. The facility shall notify the County of any revocation and/or suspension of any State-issued
permit.
33. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
34. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the
adjacent properties in accordance with the map. 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.
35. 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 Map. 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.
36. 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.
37. Building permits shall be required for any new construction or set up manufactured
structure, per Section 29-3-10 of the Weld County Code. A building permit application
must be completed and submitted. Buildings and structures shall conform to the
requirements of the various codes adopted at the time of permit application. Currently, the
following have been adopted by Weld County: 2018 International Building Codes, 2006
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International Energy Code, 2017 National Electrical Code, and Chapter 29 of the Weld
County Code. A plan review shall be approved, and a permit must be issued prior to the
start of construction.
38. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
39. 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.
40. 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.
41. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34, of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and 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
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
42. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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