HomeMy WebLinkAbout20200817.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0073, 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 - PETERS 313 RANCH, INC.,
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 Peters 313 Ranch, Inc., P.O. Box M, Carpenter, Wyoming 82054, c/o HighPoint
Operating Corporation, 33105 CR 33, Greeley, Colorado 80631, for a Site Specific Development
Plan and Use by Special Review Permit, USR19-0073, 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, SUBX19-0028; being part of
the NW1/4 NW1/4 of Section 33, Township 12 North,
Range 63 West of the 6th P.M., Weld County,
Colorado
WHEREAS, on March 18, 2020, 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 29, 2020, at 10:00 a.m.
WHEREAS, on April 29, 2020, 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, and
WHEREAS, on May 13, 2020, at said hearing, the applicant was represented by Doug
Dennison, 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:
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SPECIAL REVIEW PERMIT (USR19-0073) - PETERS 313 RANCH, INC., CIO HIGHPOINT
OPERATING CORPORATION
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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) Chapter 22, Article VI, 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.
2) Chapter 22, Article V, 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." HighPoint Operating
Corporation (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 33 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 is one 12-inch inch high pressure gas
pipeline adjacent to the west operated by Summit Midstream
Niobrara, LLC, recorded at Reception No. 4371843, dated
January 31, 2018, and several less than 12-inch diameter pipelines
in the near vicinity to the proposed facility.
3) Chapter 22, Article V, 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 7,400 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
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dampen equipment noise. This 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. As a Condition of Approval prior to operation, a
signed Emergency Action and Safety Plan between the Fire
Department, Office of Emergency Management and the Plant
Operator is required. The applicant has developed an Emergency
Action Plan that addresses the muster point in case of emergency
or unforeseen event. 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. 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) Chapter 22, Article II, Section 22-2-20.1.5 (A.Policy 9.5) states:
"Applications for a 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. 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, range
land and 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.
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B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.W of the Weld County
Code provides for Oil and Gas Support and Service, 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 23-2-230.B.3—The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed Fox Creek 33
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. The proposed site is surrounded by natural
grasses and range land associated high prairie vegetation and limited
residential development. By keeping the proposed compressor footprint
small (approximately 10.5 acres out of the 640-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 are nine (9)
property owners within five hundred feet of this facility, with the closest
residence being approximately 0.5 mile to the south. 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
Compressor Station, HPOC will remove the equipment and all of its
components in accordance with Colorado Oil and Gas Conservation
Commission (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. HighPoint
Resources will comply with all COGCC regulations concerning site
restoration.
D. Section 23-2-230.6.4—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
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municipalities. The site is not within a three (3) mile referral area of a
municipality; however, it is within three (3) miles of Laramie County,
Wyoming. There were no comments received from Laramie County
concerning this land use application.
E. Section 23-2-230.B.5—The application complies with Chapter 23, Article V,
of the Weld County Code. The property is not within a recognized overlay
district for 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 23-2-230.6.6 —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 33
Compressor Station. The approximate 640-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 "High Potential Dryland - Prime if they
become Irrigated" on the Important Farmlands of Weld County map dated
1979.
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 Peters 313 Ranch, Inc., c/o Highpoint Operating
Corporation, for a Site Specific Development Plan and Use by Special Review Permit,
USR19-0073, 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:
1. Prior to recording the USR map:
A. The applicant shall record Subdivision Exemption, SUBX19-0028, for the
temporary use of a parcel for oil and gas support and service facilities to
be permitted under USR19-0073 plat.
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B. A Road Maintenance Agreement is required at this location for construction
only. 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 submit a recorded copy of any agreement signed by all
of the owners of the property crossed by the access. The access shall be
for ingress, egress, utilities and shall be referenced on the USR map by the
Weld County Clerk and Recorder's Reception number.
E. The applicant shall provide a Decommissioning Plan for the Compressor
Facility.
F. The applicant shall submit a Lighting Plan for the Compressor Facility
incorporating the Dark Sky Policy.
G. The USR map shall be amended to delineate the following:
1) All sheets of the USR map shall be labeled USR19-0073.
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 132 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 136.5 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.
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6) County Road 65 is an unmaintained section line right-of-way.
The applicant shall verify and delineate on the map the
unmaintained right-of-way and the documents creating the right-of-
way. All setbacks shall be measured from the edge of right-of-way.
This road is not maintained by Weld County. Any unmaintained
road needs to be located/identified in relationship to the right-of-
way. Show and label the section line right-of-way as "CR 65 Section
Line Right-of-Way, Not County Maintained".
7) County Road 67 is an unmaintained section line right-of-way.
The applicant shall verify and delineate on the map the
unmaintained right-of-way and the documents creating the right-of-
way. All setbacks shall be measured from the edge of right-of-way.
This road is not maintained by Weld County. Any unmaintained
road needs to be located/identified in relationship to the right-of-
way. Show and label the section line right-of-Way as "CR 67
Section Line Right-of-Way, Not County Maintained".
8) County Road 134 is an unmaintained section line right-of-way. The
applicant shall verify and delineate on the map the unmaintained
right-of-way and the documents creating the right-of-way.
All setbacks shall be measured from the edge of right-of-way. This
road is not maintained by Weld County. Any unmaintained road
needs to be located/identified in relationship to the right-of-way.
Show and label the section line right-of-way as "CR 134 Section
Line Right-of-Way, Not County Maintained".
9) County Road 136 is an unmaintained section line right-of-way. The
applicant shall verify and delineate on the map the unmaintained
right-of-way and the documents creating the right-of-way. All
setbacks shall be measured from the edge of right-of-way. This
road is not maintained by Weld County. Any unmaintained road
needs to be located/identified in relationship to the right-of-way.
Show and label the section line right-of-way as "CR 136 Section
Line Right-of-Way, Not County Maintained".
10) The applicant shall show and label the existing and proposed
access and the usage type(s) (Agriculture, Residential,
Commercial/Industrial, or Oil and Gas). The Department of Public
Works will review access locations as a part of the plat submittal.
11) 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.
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12) The applicant shall show and label any and all 30-foot-wide
(minimum) access and utility easements necessary to provide legal
ingress and egress to the project site on the map.
13) 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.
14) The applicant shall show and label the drainage flow arrows.
15) 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.
4. Upon completion of Condition of Approval #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. 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 USR map is ready to be
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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 COUNTY, COLORADO
ATTEST: G� .c.�
dadcov
�• •11 Mike Fr an Chair
Weld County Clerk to the Board
Steve ��•reno, Pro-Tem
BY: wit/
eputy Clerk to the Board
S•• 'T'. James
APP'e . P. A • OR
1561 : - arbara Kirke- -
ounty A torney �
°U N � Kevin D. Ross
Date of signature: 6/3 I20
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PETERS 313 RANCH, INC.
C/O HIGHPOINT OPERATING CORPORATION
USR19-0073
1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0073, is
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, 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. The property owner or operator shall comply 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.
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.
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14. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
15. Access will be along unmaintained County right-of-way. The maintenance of the right-of-
way will not be the responsibility of Weld County.
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 (APEN) 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
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
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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 Light
Industrial Zone as delineated in C.R.S. §25-12-103.
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 on site 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.
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
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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 the Department of Planning Services 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. Often times,
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.
2020-0817
PL2744
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