HomeMy WebLinkAbout20200045.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0064, FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY
(FIVE (5) GAS COMPRESSORS AND TWO (2) ELECTRIC COMPRESSORS
ASSOCIATED WITH GAS PROCESSING OR WHICH COMPRESS GAS TO ENTER A
PIPELINE FOR TRANSPORT TO MARKET) AND ONE (1) THIRTY-FOUR (34) FOOT
IN HEIGHT COMMUNICATIONS TOWER AND UP TO SIX (6) TEMPORARY OFFICE
TRAILERS AND UP TO SIX (6) CONEX CONTAINERS FOR TEMPORARY STORAGE
DURING CONSTRUCTION AND A PERMANENT LAYDOWN AND STORAGE YARD
IN THE A (AGRICULTURAL) ZONE DISTRICT - CERVI ENTERPRISES, INC., C/O
KERR-MCGEE GATHERING, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 15th day of
January, 2020, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Cervi Enterprises, Inc., P.O. Box 1930, Greeley, Colorado 80632, c/o
Kerr-McGee Gathering, LLC, 1099 18th St., Denver, Colorado 80202, for a Site Specific
Development Plan and Use by Special Review Permit, USR19-0064, for an Oil and Gas Support
and Service Facility (five (5) gas compressors and two (2) electric compressors associated with
gas processing or which compress gas to enter a pipeline for transport to market) and one (1)
thirty-four (34) foot in height communications tower and up to six (6) temporary office trailers and
up to six (6) conex containers for temporary storage during construction and a permanent
Laydown and Storage Yard in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
All of Section 15, Township 3 North, Range 63 West
of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Aileen Yeung, Occidental
Petroleum Corporation, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.6 of the Weld County Code as follows:
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SPECIAL REVIEW PERMIT (USR19-0064) - CERVI ENTERPRISES, INC., CIO KERR MCGEE
GATHERING, LLC
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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 22-6-20.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 all of Section 15 associated with
this compressor facility. The proposed compressor station is
located within the Cervi Enterprises Ranch on lands with multiple
oil and gas encumbrances.
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." Occidental Petroleum Corporation and their subsidiary,
Kerr-McGee Gathering, LLC — Western Midstream, is in the
business of collecting, processing, compressing and transmitting
natural gas products to customers 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, Kerr-McGee Gathering,
LLC, is proposing the Triton Compressor Station necessitated by
the need to move larger volumes of gas due to the increases in
drilling activity and projected additional production increases
anticipated by producers.
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 several
miles from 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. The applicant
has been working with the Southeast Weld Fire Protection District
on an Emergency Action Plan that addresses the muster point in
case of an 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
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for the protection of the health, safety and welfare of the inhabitants
of the 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." Kerr-McGee Gathering, LLC, is in communication with
surrounding property owners and will continue to communicate with
them. The Southeast Weld Fire Protection District was sent
notification along with Kerr-McGee Gathering, LLC, contact
information and has acknowledged notification. The applicant
indicates that prior to operation emergency responders will be
provided with information on emergency protocols and the muster
locations for the compressor station. The areas surrounding the site
have agricultural land use predominately for the grazing of
livestock, as well as oil and gas exploration and development. The
compressor station is designed with minimal impact to the
surrounding area. 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 and as such, the proposed compressor station
will be graveled with natural grasses remaining outside the fenced
area. No additional landscaping is proposed.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Chapter 23, Article III, Division 1,
Section 23-3-40.W of the Weld County Code provides for Oil and Gas
Support and Service, Natural Gas Compressor Facility and equipment and
storage yards, as a Use by Special Review; Chapter 23, Article III,
Division 1, Section 23-3-20.L allows for Telecommunications Antenna
Towers no taller than thirty-five (35)feet 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, and for areas for natural resource
extraction and energy development, without the interference of other,
incompatible land uses.
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C. Section 23-2-230.B.3—The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed Triton Compressor
Station is located in an area of the County used primarily as grazing and
pasture land and already contains various oil and gas operations and
facilities. The proposed site is surrounded by natural grasses and range
land associated with high prairie vegetation and no residents. By keeping
the proposed compressor footprint small (approximately 19 acres out of the
640-acre property), Kerr-McGee Gathering, LLC, 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 are two (2) property owners on 11 parcels within
five hundred feet of this facility, with the closest residence being at a greater
distance than five (5) miles from the facility in any direction. Planning staff
has not received any telephone calls or correspondence concerning this
land use application. In the unlikely event operations cease at the Triton
Compressor Station, Kerr-McGee Gathering, LLC, will remove the
equipment and all its components, in accordance with COGCC regulations
and the Weld County approved Decommissioning Plan. 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.
Kerr-McGee Gathering, LLC, will comply with all COGCC regulations
concerning site restoration.
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 not within a three (3) mile referral area of a
municipality or County.
E. Section 23-2-230.6.5—The application complies with Chapter 23, Article V
of the Weld County Code. The property is not within a recognized overlay
district for a Municipal Separate Storm Sewer System (MS4), Flood Hazard
Development, Geologic Hazard or Airport Overlay Districts. 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 23-2-230.B.6 —The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The approximate 620-acre area not impacted by the compressor site
will continue as grazing and pasture lands for livestock, with on-going oil
and gas production activities. The proposed facility is sited on lands that
are designated as "Other Lands" on the Important Farmlands of Weld
County map, dated 1979.
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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 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 Cervi Enterprises, Inc., c/o Kerr-McGee Gathering, LLC,
for a Site Specific Development Plan and Use by Special Review Permit, USR19-0064, for an Oil
and Gas Support and Service Facility (five (5) gas compressors and two (2) electric compressors
associated with gas processing or which compress gas to enter a pipeline for transport to market)
and one (1) thirty-four (34) foot in height communications tower and up to six (6) temporary office
trailers and up to six (6) conex containers for temporary storage during construction and a
permanent Laydown and Storage Yard 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 USR map:
A. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the State of Colorado, is
required.
B. The applicant shall submit a recorded copy of any agreement signed by all
the owners of the property crossed by the access. The access shall be for
ingress, egress, and utilities and shall be referenced on the USR map by
the Weld County Clerk and Recorder's reception number.
C. The applicant shall provide a Decommissioning Plan for the compressor
facility.
D. The applicant shall provide a Lighting Plan for the compressor facility which
adheres to the Dark Sky Policy.
E. The USR map shall be amended to delineate the following:
1) All sheets of the USR map shall be labeled USR19-0064.
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 69 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 69 Section Line Right-of-Way, not
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County maintained." All setbacks shall be measured from the edge
of the right-of-way.
5) County Road 38 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 38 Section Line Right-of-Way, not
County maintained." All setbacks shall be measured from the edge
of right-of-way.
6) The applicant shall show the approved Colorado Department of
Transportation (CDOT) access(es) on the site plan and label with
the approved access permit number, if applicable.
7) 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.
8) 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.
9) The applicant shall show and label the drainage flow arrows.
10) 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. 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.
4. 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
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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.
5. 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.
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 15th day of January, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dsdavo �,,,,,,,// (YY� n co-
.�C,Gto•� Mike Freeman, Chair
Weld County Clerk to the Board
• • Steve Moreno, Pro-Tem
BY:
Y))-vvV4 it/
eputy Clerk to the Board EXCUSED
Sean P., onway
AP'-�R
1161 -) ti: - �i.c•tt . James
County Attorney
` �� arbara Kirkmeyer
Date of signature: O1 /2-f(/ �►•...r
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CERVI ENTERPRISES, INC., C/O KERR-MCGEE GATHERING, LLC
USR19-0064
1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0064, is
for Oil and Gas Support and Service (five (5) gas compressors and two (2) electric
compressors associated with gas processing or which compress gas to enter a pipeline
for transport to market) and one (1) thirty-four (34) foot in height communications tower
and up to six (6) temporary office trailers and up to six (6) conex containers for temporary
storage during construction and a permanent Laydown and Storage Yard in the
A (Agricultural) Zone District, and 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, seven (7) days per week.
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. 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.
7. The applicant or operator shall comply with the approved Lighting Plan.
8. The applicant or operator shall comply with the approved Decommissioning 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. Co-location of other antenna by other service providers shall be permitted on the tower.
11. Upon termination of the use of the communication antenna tower, the equipment shelter,
antenna structure, and any associated equipment shall be removed, and the premises
restored to its original condition according to the Decommissioning 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.
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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.
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. Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
17. The historical flow patterns and runoff amounts on the site will be maintained.
18. Weld County is not responsible for the maintenance of on-site drainage related features.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. As employees or contractors are onsite for less than
two (2) consecutive hours a day, portable toilets and bottled water are acceptable.
Records of maintenance and proper disposal for portable toilets shall be retained on a
quarterly basis and available for review by the Weld County Department of Public Health
and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County
and shall contain hand sanitizers. Portable toilets shall be screened from existing, adjacent
residential properties.
25. 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.
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26. Secondary containment shall be constructed around tanks to provide containment for the
largest single tank and sufficient freeboard to contain precipitation. Secondary
containment shall be sufficiently impervious to contain any spilled or released material.
Secondary containment devices shall be inspected at regular intervals and maintained in
good condition. All secondary containment will comply with the Colorado Oil and Gas
Conservation Commission (COGCC) Rule 604 and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
27. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
28. 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.
29. The applicant shall obtain a Colorado Discharge Permit System or 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 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 Residential Code, 2006
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.
35. 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.
36. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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37. 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.
38. 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.
39. 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.
40. 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.
41. 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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