HomeMy WebLinkAbout20200830.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0074, FOR OIL AND GAS SUPPORT AND SERVICE, INCLUDING
THREE (3) GAS COMPRESSORS AND RELATED EQUIPMENT, UP TO FIVE (5)
TEMPORARY CONSTRUCTION OFFICE TRAILERS AND TEN (10) TEMPORARY
CONEX CONTAINERS FOR USE DURING THE CONSTRUCTION OF THE FACILITY
IN THE A (AGRICULTURAL) ZONE DISTRICT - JOHN AND SHARON PETERS,
C/O HIGHPOINT OPERATING CORPORATION
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 18th day of
March, 2020, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of John and Sharon Peters, P.O. Box 37, Herford, Colorado 80732, c/o HighPoint
Operating Corporation, 33105 CR 33, Greeley, Colorado 80631, for a Site Specific Development
Plan and Use by Special Review Permit, USR19-0074, for Oil and Gas Support and Service,
including three (3) gas compressors and related equipment, up to five (5) temporary construction
office trailers and ten (10)temporary conex containers for use during the construction of the facility
in the A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Subdivision Exemption, SUBX19-0029; being part of
the SW1/4 of Section 26, Township 12 North, Range
63 West of the 6th P.M., Weld County, Colorado
WHEREAS, because of the COVID-19 event and to protect the health, safety, and welfare
of the general public, the Board, the deemed it advisable to continue the matter to April 29, 2020,
at 10:00 a.m.
WHEREAS, 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 13, 2020, at 10:00 a.m.
WHEREAS, on May 13, 2020, at said hearing, the applicant was represented by Doug
Dennison, HighPoint Operating Corporation, 33105 West County Road 33, Greeley, Colorado
80631, 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.
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SPECIAL REVIEW PERMIT (USR19-0074) - JOHN AND SHARON PETERS, C/O HIGHPOINT
OPERATING CORPORATION
PAGE 2
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 23-2-220.A.1 — The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-6-20.C.1 (ECON.Policy 3.1) states: "County activities
and regulation should protect the rights of private property owners
and the public health, safety and welfare, recognizing that these
basic rights and protections allow the free market to prosper and
grow the local economy." The property owner has submitted an
application for a signed lease for lands associated with this
compressor facility. The proposed compressor station is located
within the Peters 313 Ranch, on lands with multiple oil and gas
encumbrances and mineral resource development facilities
associated with open pit mine of sands gravels and stones.
2) Section 22-5-100.A.2 (OG.Policy 1.2) states: "Oil and gas support
facilities which do not rely on geology for locations should locate in
commercial and industrial areas, when possible, and should be
subject to review in accordance with the appropriate sections of this
Code." HPOC is in the business of collecting, processing,
compressing and transmitting natural gas products via pipelines.
The DJ Basin area has seen rapid expansion as new drilling
technologies are allowing more oil and gas to be produced. As a
result, gas gathering and processing capacity is needed in this area
in order to meet the growing production. To meets these needs,
HPOC is proposing the Fox Creek 26 compressor station,
necessitated by the need to move larger volumes of gas due to the
increases in drilling activity and the projected additional production
increases anticipated. There are several high pressure pipelines in
the immediate area, to the north of the Facility is the Anadarko E&P
OnShore, LLC Pipeline, Reception No. 4186640, the Rockies
Express Pipeline, Reception No. 3430938 and the Tallgrass Energy
Pipeline, no Reception No. also to the south are the Tallgrass
Energy Pipeline, Reception No. 2579050 and the Colorado
Interstate Gas Pipeline no Reception No.
3) Section 22-5-100.B.6 (OG.Policy 2.6) states: "Promote the safety of
all citizens and structures that are in relatively close proximity to oil
and gas facilities."The facility is proposed for a remote location of
the County with no residential structures located within
approximately 3,600 feet of the proposed facility. Additionally, the
applicant is proposing to place all equipment within pre-fabricated
structures. Compressor buildings will have hospital grade silencers
and each structure is insulated to dampen equipment noise. This
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OPERATING CORPORATION
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facility will be constructed with equipment that will detect conditions
where fire or explosion could occur. This equipment includes LEL
(lower explosive limit) meters and fire eyes that will be configured
to immediately and automatically shut the facility down if a
dangerous situation is present. Additionally, appropriate fire
extinguishers will be installed throughout the facility and HPOC
personnel will receive regular training on the maintenance and use
of the extinguishers. The primary fire response agency for this
facility will be the Pawnee Fire Protection District. Prior to operation
of the facility, HPOC will provide an Emergency Response Plan to
the fire district and conduct a walk-through of the facility with district
personnel to familiarize them with the facility. The applicant has
developed an Emergency Action Plan that addresses the Muster
point in case of emergency or unforeseen event. As a Condition of
Approval, prior to operation, a signed Emergency Action Plan
between the Fire Department, Office of Emergency Management
and the Plant Operator is required. This proposal has been
reviewed by the appropriate referral agencies and it has been
determined that the attached Conditions of Approval and
Development Standards ensure that there are adequate provisions
for the protection of the health, safety and welfare of the inhabitants
of the neighborhood and County, and will address and mitigate
impacts on the surrounding area due to the construction of this
facility.
4) Section 22-2-20.1.5 (A.Policy 9.5) states: "Applications fora change
of land use in the agricultural areas should be reviewed in
accordance with all potential impacts to surrounding properties and
referral agencies. Encourage applicants to communicate with those
affected by the proposed land use change through the referral
process." HPOC is in communication with surrounding property
owners and will continue to communicate with them. The areas
surrounding the site have agricultural land use predominately for
the grazing of livestock, as well as oil and gas exploration and
development. There are several HighPoint Operating Corporation
well pad/tank battery adjacent to this site and several more in the
surrounding area. The station is designed with minimal impact to
the surrounding area. Weld County Peters 313 mine is located
directly south of this proposed facility, this mine permitted under
1MUSR19-16-0032 operates seasonally based on area needs and
requirements. The application materials indicate that facility lighting
will not overly illuminate large areas and will be directed at
90 degrees to the natural ground plane. Lighting will comply with
the Weld County Code with no transient light leaving the property.
The existing site is natural grasses and range land associated high
prairie vegetation with no improvements or farming. The site is in a
remote, arid region as such, the proposed compressor station will
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OPERATING CORPORATION
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be graveled with natural grasses remaining outside the fenced area.
No additional landscaping is proposed.
B. Section 23-2-220.A.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.W of the Weld County Code provides for Oil and
Gas Support and Service, Natural Gas Compressor Facility, as a
Use by Special Review in the A (Agricultural) Zone District.
Agriculture in the County is considered a valuable resource which
must be protected from adverse impacts resulting from uncontrolled
and undirected business, industrial and residential land uses. The
A (Agricultural) Zone District is established to maintain and promote
agriculture as an essential feature of the County. The
A (Agricultural) Zone District is intended to provide areas for the
conduct of agricultural activities and activities related to agriculture
and agricultural production without the interference of other,
incompatible land uses. The A (Agricultural) Zone District is also
intended to provide areas for the conduct of uses by Special Review
which have been determined to be more intense or to have a
potentially greater impact than uses Allowed by Right. The
A (Agricultural) Zone District regulations are established to promote
the health, safety and general welfare of the present and future
residents of the County.
C. Section 23-2-220.A.3—The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed Fox Creek 26
Compressor Station is located in an area of the County used primarily as
grazing and pastureland and already contains various oil and gas
operations and facilities and a gravel mine. The proposed site is
surrounded by natural grasses and range land associated high prairie
vegetation and no residents. By keeping the proposed compressor footprint
small (approximately 31 acres out of the 158-acre property), HPOC intends
that surrounding agricultural areas will not be affected by the compressor
station's presence. Once the construction is completed disturbed areas will
be reseeded with a native seed mix. There is one property owner within
500 feet of this facility, with the closest residence being approximately
3,600 feet to the west. Planning staff has not received any telephone calls
or correspondence concerning this land use application. In the unlikely
event operations cease at the Fox Creek 26 Compressor Station, HighPoint
Operating Corporation will remove the equipment and all its components in
accordance with COGCC regulations. Where possible, materials will be
reused or recycled. Where required, materials for disposal will be removed
by a licensed contractor and transported to a disposal site. HPOC will
comply with all COGCC regulations concerning site restoration.
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D. Section 23-2-220.A.4—The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is not within a three (3) mile referral area of a
municipality and is within three (3) miles of Laramie County, Wyoming.
There were no comments received from Laramie County concerning this
Land Use application.
E. Section 23-2-220.A.5 — The application complies with Section 23-5 of the
Weld County Code. The property is not within a recognized overlay district
for Flood Hazard Development, Geologic Hazard or Airport Overlay
Districts. The site is within the County-wide Road Impact Fee Area. Building
Permits issued on the lots 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 23-2-220.A.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. This proposed facility is located on a Subdivision Exemption parcel
created for the temporary use of the land for oil and gas support and service
facilities, specifically the HighPoint Operating Corporation Fox Creek 26
Compressor Station. The approximate 160-acre area not impacted by the
compressor site will continue as a mine site for Weld County Public Works,
ongoing grazing and pasture lands for livestock, with ongoing oil and gas
production activities. The proposed facility is sited on lands that are
designated as "High Potential Dryland - Prime if they become Irrigated" on
the Important Farmlands of Weld County map, dated 1979.
G. Section 23-2-220.A.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 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 John and Sharon Peters, c/o HighPoint Operating
Corporation, for a Site Specific Development Plan and Use by Special Review Permit,
USR19-0074, for Oil and Gas Support and Service, including three (3) gas compressors and
related equipment, up to five (5) temporary construction office trailers and ten (10) temporary
conex containers for use during the construction of the facility in the A (Agricultural) Zone District,
on the parcel of land described above be, and hereby is, granted subject to the following
conditions:
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1. Prior to recording the USR map:
A. Recorded SUBX19-0029 for the temporary use of a parcel for oil and gas
support and service facilities is to be permitted under USR19-0074 plat.
B. A Road Maintenance Agreement for Construction Only is required at this
location. Road maintenance includes, but is not limited to, dust control and
damage repair to specified haul routes.
C. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the State of Colorado, is
required.
D. The applicant shall provide a Decommissioning Plan for the Compressor
Facility.
E. The applicant shall submit a Lighting Plan for the Compressor Facility
incorporating the Dark Sky Policy.
F. The USR map shall be amended to delineate the following:
1) All sheets of the USR map shall be labeled USR19-0074.
2) The attached Development Standards.
3) The USR map shall be prepared in accordance with
Section 23-2-260.D of the Weld County Code.
4) County Road 136.5 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 right-of-way. This road is maintained
by Weld County.
5) County Road 136 Section Line is shown to have 30 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 136 Section Line Right-of-Way,
not County maintained." All setbacks shall be measured from the
edge of the right-of-way.
6) County Road 69 Section Line is shown to have 30 feet of
unmaintained section line right-of-way, per the Weld County GIS
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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 69 Section Line Right-of-Way, not
County maintained." All setbacks shall be measured from the edge
of the right-of-way.
7) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (60 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved location(s) prior to construction.
8) The applicant shall show and label the approved tracking control on
the site plan.
9) 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.
10) 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.
11) The applicant shall show and label the drainage flow arrows.
12) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. 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.
3. 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.
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4. Upon completion of Conditions of Approval No.1. above the applicant shall submit
a Mylar USR map along with all other documentation required as Conditions of
Approval. The Mylar USR map shall be recorded in the office of the Weld County
Clerk and Recorder by Department of Planning Services' Staff. The USR map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the
Weld County Code. The Mylar USR 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.
5. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the USR 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.
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 13th day of May, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COOUNTY, COLORADO
doh&
ATTEST: v• �
• jie�-
Mike reeman, Chair
Weld County Clerk to the Board
Steve oreno, Pro-Tem
BY: I �iI L uit/.i
Deputy Clerk to the Board
S t . James
APP D AS
arbar e
Count Attorney
Kevin D. Ross
Date of signature: 6/)2./20
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOHN AND SHARON PETERS,
C/O HIGHPOINT OPERATING CORPORATION
USR19-0074
1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0074, for
Oil and Gas Support and Service including (three (3) gas compressors and related
equipment), up to five (5) temporary construction office trailers and ten (10) temporary
conex containers for use during the construction of the facility in the A (Agricultural) Zone.
(Fox Creek 26 Compressor Station), 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. This is an unmanned facility.
4. The facility will operate 24 hours per day, 365 days per year.
5. 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.
6. The pasture grass restoration shall be maintained.
7. Sources of light shall be shielded so that beams or rays of light 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.
8. Lighting shall be maintained in accordance with the approved Lighting Plan.
9. 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.
10. 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.
11. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
12. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
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13. 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.
14. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
15. The Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates.
16. The historical flow patterns and runoff amounts on the site will be maintained.
17. Weld County is not responsible for the maintenance of on-site drainage related features.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. As employees or contractors are on site 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.
24. All potentially hazardous chemicals 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
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DEVELOPMENT STANDARDS (USR19-0074) -JOHN AND SHARON PETERS, C/O
HIGHPOINT OPERATING CORPORATION
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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
Conservation Commission (COGCC) Rule 604 and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
26. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
27. 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.
28. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in C.R.S. §25-12-103.
29. The applicant shall obtain a Colorado Discharge Permit System (CDPS) permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, if applicable.
30. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available onsite or as applicable.
31. The facility shall notify the County of any revocation and/or suspension of any State-issued
permit.
32. 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.
33. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
34. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County-wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee
Programs.
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 with
24-hour notice to the owner or operator 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.
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37. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
38. The property owner or operator shall be responsible for complying with all the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
39. Construction or Use, pursuant to approval of a Use by Special Review Permit, shall be
commenced within three (3) years from the date of Board of County Commissioners
signed Resolution, unless otherwise specified by the Board of County Commissioners
when issuing the original Permit, or the Permit shall be vacated.
40. This Use by Special Review shall terminate when the use is discontinued for a period of
three (3) consecutive years, the use of the land changes or the time period established by
the Board of County Commissioners through the approval process expires. The landowner
may notify the Department of Planning Services of a termination of the use, or Planning
Services staff may observe that the use has been terminated. When either the Department
of Planning Services is notified by the landowner, or when the Department of Planning
Services observes that the use may have been terminated, the Planner shall send certified
written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit.
41. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34, of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and 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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