HomeMy WebLinkAbout20190903.tiffRE:
RESOLUTION
APPROVE SITE SPECIFIC DEVELOPMENT PLAIT AND
PERMIT, USR18-0114, FOR MINERAL R SOURCE DE
INCLUDING OIL AND GAS SUPPORT AND RVICE (IN
COMPRESSORS, A CONEX CONTAINER OR S LL BU
PARTS AND MATERIAL STORAGE AND A SM L MOTOR
BUILDING AND RELATED EQUIPMENT), UP TO FO (4) CO
TRAILERS AND SIX (6) CONEX C FOR
CONSTRUCTION OF THE FACILITY IN A (AGRICULTU
BLACK MOUNTAIN LAND COMPANY, LP, CURETON
Y SPECIAL REVIEW
OPMENT FACILITIES
ING FOUR (4) GAS
ING TO STORE SPARE
NTROL CENTER
TRUCTION OFFICE
SE DURING THE
AL) ZONE DISTRICT -
DSTREAM, LLC
WHEREAS, the Board of County Co issioners of Weld ounty, Colorado, pursuant to
Colorado statute and the Weld County Horn Rule Charter, vested with the authority of
administering the affairs of Weld County, Colora and
WHEREAS, the Board of •; my Commi ,sioers he a public hearing on the 6th day of
March, 2019, at the hour of 10:0S a. in the Ch mbers of e Board, for the purpose of hearing
the application of Black Mountain and Compa , LP, 50Main Street, Suite 1200, Fort Worth,
Texas 76102-3926, c/o Cureton M stream, LL' , 518 17 ' Street, Suite 650, Denver, CO 80202,
for a Site Specific Development Pla nd Use • Specia - eview Permit, USR18-0114, for Mineral
Resource Development F- ilities inc • 'ail and G. Support and Service (including four (4)
gas compressors, a con: container or small buildin to store spare parts and material storage
and a small motor contry center b ng and relate •-''quipment), up to four (4) construction office
trailers and six (6) c• ex co: aine ' for use •;,'ring the construction of the facility in the
A (Agricultural) Zone Di rict - on the ollowing -scribed real estate, being more particularly
described as folls:
Subdivisio xemptio UBX18-0037; being part of
the NW1/4 of Sectio Township 3 North, Range
62 We of the 6th ., Weld County, Colorado
HER at said ;' earing, t applicant was represented by Nick Holland, Cureton
Mi; strew"`, , LLC, 8 17th • reet, Den ,' r, Colorado 80202, and
EREAS, Section 23-2-23 of the Weld County Code provides standards for review of
said •{ Speci - ' - iew Permit - nd
AS, the Board f County Commissioners heard all of the testimony and
statements those present, st . ied the request of the applicant and the recommendation of the
Weld County - nning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1.
The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
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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 ordinances in effect.
1) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial and industrial
uses should be accommodated when the subject site is in an area
that can support such development, and should attempt to be
compatible with the region"The land that Cureton Midstream, LLC,
is proposing to convert to industrial use is non -irrigated land that is
located in a rural area. There are pipelines and associated
improvements proposed for this facility.
2) Section 22-2-20.H (A.Goal 8) states: "Ensure that adequate
services and facilities are currently available or reasonably
obtainable to accommodate the requested new land use change for
more intensive development." The proposed facility will be
unmanned, with bottled water and port -a -lets utilized during
construction and removed post construction. Access to the facility
is via an approved access point from County Road 386.
3) Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
agricultural lands to other land uses." The proposed facility is
located on land which is currently non -irrigated land being
converted to an industrial use located more than one -mile from any
residence not associated with the ranch.
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."The property is not within a recognized Geologic Hazard,
Flood Hazard, MS4 area or Airport Overlay District. Local and State
referral agencies were contacted for their comments concerning
this proposed facility and, as appropriate, their comments have
been as a Condition of Approval or a Development Standard.
Planning staff has not received any correspondence or telephone
calls concerning this application.
5) 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
[Weld County] Code." The proposed Black Creek Compressor
Station site is located in a sparsely populated area of the County
where there is developing oil and gas development. The site will
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utilize piping to bring gas to the facility, thereby limiting truck traffic
on area roads. While construction of the site will generate some
impacts because of the extra activity and trips to the site, once the
facility is constructed, the site and the impacts on the surrounding
land will be minimal.
6) Section 22-5-100.6.6 (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 applicant will be required to create and
obtain approval from the Southeast Weld Fire Protection District
and Weld County Office of Emergency Management of an
Emergency Action Plan for the facility. The applicant indicates they
have been in contact the Fire District to inform them about the
project and coordinate with them on an Emergency Action Plan. An
Emergency Information Sheet will be distributed to the District every
year with updated information. Oil and gas development in the
County is an integral part of the County economy and has a
substantial direct and indirect impact on current and future land use.
Oil and gas development is cyclical, but the economics of energy
suggests sustained levels of exploration and extraction in the
County for the next twenty (20) years. Cureton is a business that is
in the midstream segment of the natural gas industry. As part of its
business, Cureton gathers natural gas via pipelines for processing
and transmits final products to customers via pipelines. In Weld
County, Cureton operates an expanding network of gathering
pipelines as well as gas processing plants. 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 needs to be expanded in order to meet the
growing production. To meet these needs, Cureton is proposing,
the Black Creek 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. The proposed compressor will be sited on a ten (10)
acre Subdivision Exemption parcel for oil and gas support and
service. 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.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
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1
Section 23-3-40.A.2 of the Weld County Code provides for Mineral
Resource Development, Oil and Gas Support and Service, and
Section 23-3-40.K allows one (1) or more microwave, radio,
television or other communication transmission or relay tower over
seventy (70) feet in height per Lot 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 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 23-2-230.6.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed Black Creek
Compressor Station is located in an area of the County used primarily for
dryland agriculture and pasture land and already contains various oil and
gas operations and facilities. The existing site is surrounded by two (2)
irrigated center pivots, dryland agricultural fields and very few residents. By
keeping the proposed compressor footprint small (approximately ten (10)
acres), Cureton intends that surrounding agricultural areas will not be
affected by the compressor station's presence. Once the construction is
completed, the contractor laydown yard/parking area that was disturbed
will be reseeded with a native seed mix. The impact from light onto adjacent
properties will be minimized. The lights that will be onsite, will be manually
turned on by an operator when needed. No security lighting is proposed;
however, shielding for the manual outdoor lights is proposed to help
mitigate any light pollution that may occur during those times an operator
needs to access the facility at night. Noise impacts are limited due to the
remote location of the facility. Noise generated by this facility will not
exceed the Light Industrial noise standards as delineated in
C.R.S. §25-12-103. There are three (3) property owners on eleven (11)
parcels within five hundred (500) feet of this facility with the nearest
residence located more than one (1) mile from the proposed facility.
Planning staff has not received any telephone calls or letters of
correspondence concerning this land use application. In the unlikely event
operations cease at the Black Creek Compressor Station, Cureton will
remove the equipment in accordance with the 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.
Cureton will comply with all COGCC regulations concerning site
restoration.
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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 a County.
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 the Geologic Hazard, Flood Hazard, MS4 area or Airport
Overlay District. 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 single leasehold parcel secured
through a Subdivision Exemption for oil and gas support and service. The
proposed facility is sited on lands that are designated as "Other Land" on
the Important Farmlands of Weld County Map, dated 1979.
G. Section 23-2-230.6.7 -- The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards 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 Black Mountain Land Company, LP, c/o Cureton
Midstream, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0114, for Mineral Resource Development Facilities including Oil and Gas Support and
Service (including four (4) gas compressors, a conex container or small building to store spare
parts and material storage and a small motor control center building and related equipment), up
to four (4) construction office trailers and six (6) 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. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
B. During construction, a Road Maintenance Agreement is required at this
location. Road maintenance includes, but is not limited to, dust control and
damage repair to specified haul routes.
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C. 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.
D. The USR map shall be amended to delineate the following:
1) All sheets of the USR map shall be labeled USR18-0114.
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 386 is a gravel road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 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 34 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 34 Section Line Right -of -Way, not County
maintained." All setbacks shall be measured from the edge of right-
of-way.
6) County Road 77 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. Show and label the section line Right -of -Way
as "CR 77 Section Line Right -Of -Way, not County maintained." All
setbacks shall be measured from the edge of 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.
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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 a 30 -foot minimum access and
utility easement to provide legal access to the parcel on the site
plan.
11) 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.
12) The applicant shall show and label the drainage flow arrows.
13) 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 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 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 USR map not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners resolution, a
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$50.00 recording continuance charge shall be added for each additional three (3)
month period.
6. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the USR map is ready to be
recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of March, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WLD COUNTY, COLORADO
ATTEST: C ',K. -Lima.
;
Weld County Clerk to the Board
BY:
Deputy Clerk to
APP:. v : D AS T
my Attorney
Date of signature: yrt/lq
fY)(1-Rt.3
arbara Kirkmeye , Chair
Mike Freeman, P em
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BLACK MOUNTAIN LAND COMPANY, LP, C/O CURETON MIDSTREAM, LLC
USR18-0106
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0114, is
for Mineral Resource Development Facilities, Oil and Gas Support and Service (including
four (4) gas compressors, a conex container or small building to store spare parts and
material storage and a small motor control center building and related equipment), and up
to four (4) construction office trailers and six (6) conex containers for use during the
construction of the facility in the A (Agricultural) Zone, 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 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 applicant or operator shall comply with the approved Decommissioning Plan.
7. 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.
8. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Article I and II, of the Weld County Code.
9. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
11. 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.
12. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
13. Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
14. The historical flow patterns and runoff amounts on the site will be maintained.
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15. Weld County is not responsible for the maintenance of on -site drainage related features.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
25. 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.
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26. 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. This is measured at the USR
boundary.
27. 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.
28. 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.
29. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
30. 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.
31. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
32. 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.
33. Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County -wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee
Programs.
34. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
35. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time after giving twenty-four (24) hour notice 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.
36. 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
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permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
37. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
38. 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.
39. 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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