HomeMy WebLinkAbout20190043RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0106, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
INCLUDING OIL AND GAS SUPPORT AND SERVICE (COMPRESSOR STATION
FACILITY) ALONG WITH A 60 -FOOT COMMUNICATION ANTENNA IN THE
A (AGRICULTURAL) ZONE DISTRICT - GARY HOWARD, JOHN AND DIANA
HOWARD, AND D&C FARMS, LLLP, C/O ROCKY MOUNTAIN MIDSTREAM, 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 9th day of
January, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Gary Howard, John and Diana Howard, and D&C Farms, LLLP, 1173 County
Road 17, Brighton, Colorado 80603, c/o Discovery DJ Services, 540 E. Bridge Street, Suite A,
Brighton, Colorado 80601, for a Site Specific Development Plan and Use by Special Review
Permit, USR18-0106, for Mineral Resource Development Facilities, including Oil and Gas Support
and Service (compressor station facility) along with a 60 -foot communication antenna in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Part of the SE1/4 of Section 29, Township 1 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the Board deemed it advisable to continue the matter to
Monday, February 11, 2019, at 9:00 a.m., to allow the applicant adequate time to address
concerns regarding compatibility, and
WHEREAS, on February 11, 2019, at the request of the applicant, the Board continued
the matter to February 25, 2019, at 9:00 a.m., to allow Gary Howard, John and Diana Howard,
and D&C Farms, LLLP, c/o Rocky Mountain Midstream, LLC, adequate time to finalize the
landscaping plan, and gain additional information on the costs and lead times associated with
electric motors, and
WHEREAS, on February 25, 2019, the Board continued the matter to March 11, 2019, at
9:00 a.m., to allow Gary Howard, John and Diana Howard, and D&C Farms, LLLP, c/o Rocky
Mountain Midstream, LLC, additional time to further complete the Landscaping/Screening Plan,
and have discussion with regard to the buffering, and
WHEREAS, on March 11, 2019, the Board continued the matter to May 6, 2019, at
9:00 a.m., to allow Gary Howard, John and Diana Howard, and D&C Farms, LLLP, c/o Rocky
Mountain Midstream, LLC, additional time to address RUA vicinity issues, and
WHEREAS, on May 6, 2019, the Board continued the matter to May 8, 2019, at 9:00 a.m.,
to allow Gary Howard, John and Diana Howard, and D&C Farms, LLLP, c/o Rocky Mountain
Midstream, LLC, the opportunity to present their application before a full quorum of the Board,
and
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2019-0043
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SPECIAL REVIEW PERMIT (USR18-0106) - GARY HOWARD, JOHN AND DIANA HOWARD,
AND D&C FARMS, LLLP, C/O ROCKY MOUNTAIN MIDSTREAM, LLC
PAGE 2
WHEREAS, at said hearing on May 8, 2019, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-5-100.A (OG.Goal 1) states: "Promote the reasonable
and orderly exploration and development of oil and gas mineral
resources." The application materials indicate that the proposed
compressor station facility will be located inside of buildings with
sound reduction features and the ventilation systems will be
designed to minimize noise. The proposed facility is required to
submit a Noise Abatement Plan, Lighting Plan, and Landscape and
Screening Plan to address the potential noise and lighting impacts
associated with the facility. The proposed facility is located on land
delineated as "Prime," per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. However, the facility will
have a limited footprint, as it will be located on ten (10) acres of the
155 -acre parcel.
B. Section 23-2-230.B.2 -- The proposed Use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.A.2 of the Weld County Code provides for Mineral
Resource Development, Oil and Gas Support and Service in the
A (Agricultural) Zone District.
2) Section 23-3-10 — Intent, states, in part: "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 proposed Use is in an area that can support this development
(it is located over one-half (0.5) mile from the nearest residences)
and the Conditions of Approval, and the Development Standards
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SPECIAL REVIEW PERMIT (USR18-0106) - GARY HOWARD, JOHN AND DIANA HOWARD,
AND D&C FARMS, LLLP, 0/O ROCKY MOUNTAIN MIDSTREAM, LLC
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(including requirements for Landscaping and Screening, Lighting
and Noise Abatement) will assist in mitigating the impacts of the
facility on the adjacent properties and ensure compatibility with
surrounding land uses and the region.
C. Section 23-2-230.B.3 -- The Uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed Compressor Station
Facility is located approximately 3,500 feet east, 3,400 feet west, 3,100 feet
and 2,900 feet south of the nearest existing residences in the area. The
facility is surrounded by cropland in the immediate vicinity. An e-mail from
a surrounding property owner, received on October 8, 2018, expressed
concerns that the application had not shown an attempt to be compatible
with the rural agricultural nature of the area and did not explain how this
proposed Use is consistent and compatible with the region. The e-mail
requested the facility be surrounded by adequate berming to ensure
compliance with the residential noise standard and requested that the site
be screened with trees to be more compatible with the surrounding area.
The property owner wanted to be notified if there is to be a flare installed
on this site. The applicant held a neighborhood meeting on June 12, 2018.
The notes from the meeting indicated the applicants will utilize on -demand
lighting for walkways and equipment (the lights will be pointed in a
downward direction) and have worked with surrounding property owners to
calibrate the direction and intensity of lights. The applicant indicated at the
meeting that they would develop predictive models showing how the facility
will meet noise standards (50 decibels at night and 55 decibels during the
day). The buildings that enclose the compressors will have sound reduction
features and will use horizontal coolers to help minimize noise. A
Communication Plan, Noise Abatement Plan, Lighting Plan, and
Landscape and Screening Plan are required to be submitted and approved
as a Condition of Approval of this USR.
D. Section 23-2-230.B.4 -- The Uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development as projected by
Chapter 22 of the Weld County Code and any other applicable Code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the three (3) mile referral areas of
the Cities of Northglenn and Dacono. The City of Northglenn, in the referral
comments, dated October 3, 2018, indicated the application complies with
their Comprehensive Plan and that it may fall within their 208 Service Area.
The City of Dacono, in the referral received October 9, 2018, indicated no
conflicts with their interests.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Geologic Hazard Overlay District or the Airport Overlay District. A portion
of the property is located within the 100 -year floodplain; However, the
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SPECIAL REVIEW PERMIT (USR18-0106) - GARY HOWARD, JOHN AND DIANA HOWARD,
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compressor station site is located outside of the floodplain. Building Permits
issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact
Fee Programs.
F. Section 23-2-230.B.6 -- The applicants have demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The proposed facility is located on approximately
155.7 acres delineated as "Prime," "Prime if Irrigated,"and "Other,"per the
1979 Soil Conservation Service Important Farmlands of Weld County Map.
The approximate 10 -acre compressor site will be located on a portion of
the property delineated as "Prime". The remainder of the property will not
be impacted by this facility.
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 can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Gary Howard, John and Diana Howard, and D&C Farms,
LLLP, c/o Rocky Mountain Midstream, LLC, for a Site Specific Development Plan and Use by
Special Review Permit, USR18-0106, for Mineral Resource Development Facilities, including Oil
and Gas Support and Service (compressor station facility) along with a 60 -foot communication
antenna in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby
is, granted subject to the following conditions:
1. Prior to recording the map:
A. 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.
B. The applicants shall submit an updated Communication Plan for review and
approval by the Department of Planning Services. The Communication
Plan shall be amended to address contact information and a process for
surrounding residents to contact the operator with questions or concerns.
The applicants shall submit a Lighting Plan incorporating the Dark Sky
Policy for review and approval by the Department of Planning Services.
D. The applicants shall develop an updated Noise Mitigation Plan for review
and acceptance by the Department of Planning Services. The plan shall
outline proposed design measures of the facility to address noise and
provide noise modeling data to include a 10 -foot acoustic wall.
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SPECIAL REVIEW PERMIT (USR18-0106) - GARY HOWARD, JOHN AND DIANA HOWARD,
AND D&C FARMS, LLLP, C/O ROCKY MOUNTAIN MIDSTREAM, LLC
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E. The applicants shall submit a Screening/Landscape Plan that screens the
site from the surrounding property owners and the right-of-way. The
applicant shall provide evidence of how the landscaping will be irrigated
and maintained. A minimum 100 -foot buffer area shall be maintained.
F. The applicants shall submit evidence that the Conditions of Approval have
been met and the Subdivision Exemption, SUBX18-0031, plat has been
submitted for recording.
G. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0106.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicants shall delineate on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The map shall delineate the landscaping and/or screening.
6) The map shall delineate the on -site facility lighting in accordance
with Section 23-3-250.B.6 of the Weld County Code.
7) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
8) County Road 17 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 the existing right-of-way on the site plan. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
9) The applicants 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.
10) The applicants shall show and label the approved tracking control
on the site plan.
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11) The applicants 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.
12) The applicants shall show and label the accepted drainage features
and drainage flow arrows. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include
the calculated volume.
13) The applicants shall show and label the parking and traffic
circulation flow arrows showing how the traffic moves around the
property.
14) The applicants shall show and label all recorded easements on the
map by book and page number or reception number and date on
the site plan.
2. Upon completion of Condition of Approval #1 above, the applicants shall submit
one (1) paper copy, or one (1) electronic copy (.pdf) of the plat for preliminary
approval to the Weld County Department of Planning Services. Upon approval of
the plat, the applicants shall submit a Mylar plat along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services.
The plat shall be prepared in accordance with the requirements of
Section 23-2-260.D of the Weld County Code. The Mylar plat and additional
requirements shall be submitted within one hundred twenty (120) days from the
date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance charge shall be added for each additional three (3) month
period.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet)....etc.). This digital file may be sent to maps(a�co.weld.co.us.
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5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
6. 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.
7. The Use by Special Review Permit 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 plat 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 8th day of May, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLORADO
ATTEST: di %eA
Weld County Clerk to the Board
BY:
Deputy Clerk
APP' : • D AS T
ounty A orney
Date of signature: (013/ 19
arbara Kirkmeyer, hair
Mike Freeman, Pro-Tem
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GARY HOWARD, JOHN AND DIANA HOWARD, AND D&C FARM, LLLP
C/O ROCKY MOUNTAIN MIDSTREAM, LLC
USR18-0106
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0106, is
for Mineral Resource Development Facilities, including Oil and Gas Support and Service
(compressor station facility) along with a 60 -foot communication antenna in the
A (Agricultural) Zone District, 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. Compressors may be powered by natural gas engines or electric motors.
4. This is an unmanned facility. No full-time employees will be onsite.
5. The visual mitigation and screening on the site shall be maintained in accordance with the
approved Landscape/Screening Plan.
6. The approved Noise Mitigation Plan shall be maintained.
7. The approved Communications Plan shall be maintained.
8. The approved Lighting Plan shall be maintained in accordance with the Weld County Code
and include the Dark Sky Policy.
9. 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.
10. The property owner shall maintain compliance with the Decommission Plan.
11. Collocation of other antenna by other service providers shall be permitted on the tower as
long as it meets the security standards and policies of the operator.
12. 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.
13. 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.
14. 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.
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15. 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.
16. 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.
17. 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.
18. 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.
19. 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 public view.
20. 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.
21. 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.
22. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
23. 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.
24. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone, as delineated in C.R.S. §25-12-103.
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25. 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.
26. 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.
27. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
28. 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.
29. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
30. 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.
31. The access to the site shall be maintained to mitigate any impacts to the public road
including damages and/or off -site tracking.
32. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
33. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall acquire an approved Rights -of -Way Use Permit prior to commencement.
34. During construction, the property owner or the operator shall comply with all requirements
provided in the executed Road Maintenance Agreement.
35. The historical flow patterns and runoff amounts on the site will be maintained.
36. Weld County is not responsible for the maintenance of on -site drainage related features.
37. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the
adjacent properties in accordance with the map. Neither the direct, nor reflected, light from
any light source may create a traffic hazard to operators of motor vehicles on public or
private streets. No colored lights may be used which may be confused with, or construed
as, traffic control devices.
38. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2018 International Codes,
2006 International Energy Code, and 2017 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
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PAGE 4
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection.
39. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
40. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
41. 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.
42. 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.
43. 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.
44. 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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