HomeMy WebLinkAbout20191760.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0002, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, OIL
AND GAS SUPPORT AND SERVICE FACILITY (CLASS II OILFIELD WASTE
DISPOSAL FACILITY - SALT WATER INJECTION FACILITY) IN THE
A (AGRICULTURAL) ZONE DISTRICT - ENGLISH FEEDLOT 2, LLC, C/O
EXPEDITION WATER SOLUTIONS COLORADO, 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
May, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of English Feedlot 2, LLC, 14111 CR 2, Wiggins, Colorado 80654, c/o Expedition
Water Solutions Colorado, LLC, 2015 Clubhouse Dr., Suite 201, Greeley, Colorado 80634, for a
Site Specific Development Plan and Use by Special Review Permit, USR19-0002, for a Mineral
Resource Development Facility, Oil and Gas Support and Service Facility (Class II Oilfield Waste
Disposal Facility — Salt Water Injection Facility) in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Lot B of Recorded Exemption, RECX18-0167; being
part of the SW1/4 of Section 8, Township 1 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Eric Wernsman, Wernsman
Engineering and Land Development, 16493 Essex Road South, Platteville, Colorado 80651, 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 23-2-230.8 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) Section 22-4-140.A (EP.Goal 1) states: "Encourage the
minimization of mineral resource exploration and production waste
and require the safe disposal of it;"and EP.Policy 1.1 states: "Due
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SPECIAL REVIEW PERMIT (USR19-0002) - ENGLISH FEEDLOT 2, LLC, CIO EXPEDITION
WATER SOLUTIONS COLORADO, LLC
PAGE 2
to the impacts from surface impoundments and increasing public
concern about them, other alternatives for disposal should be
considered."The proposal is for a Class II Salt Water Injection Well
Facility and associated facilities and will be permitted through the
Colorado Oil and Gas Conservation Commission (COGCC) prior to
operation.
2) Section 22-4-140.6 (EP.Goal 2) states: "Mineral resource
exploration and production waste facilities should be planned,
located, designed and operated to encourage compatibility with
surrounding land uses in terms of items such as general use, scale,
height, traffic, dust, noise and visual pollution." This proposal is
surrounded on four (4) sides by agricultural land and the proposed
building will contain the injection well which will mitigate the visual
impacts. The scale of the building is consistent with large
agricultural buildings and there are Conditions of Approval and
Development Standards that address traffic, dust, and noise.
3) 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." 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.
B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A.2 of the Weld County
Code provides for Mineral Resource Development Facilities, Oil and Gas
Support and Service including a Class II Oilfield Waste Disposal Facility -
Saltwater Injection Facility as a Use by Special Review in the
A (Agricultural) Zone District.
Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
feedlots, pastures and crops. The closest residence is approximately
0.3 miles southwest of the site. The parent parcel of the conditionally
approved Recorded Exemption, RECX18-0167, contains SUP -68 for a
feedlot that will need to be partially vacated from Lots A and B of the
Recorded Exemption (RECX18-0167). The feedlot may remain on Lots C
and D. Use by Special Review Permit, USR18-0102, for a pelletizing
operation, was approved by the Board of Commissioners on April 8, 2019,
and is located on Lot A of that Recorded Exemption. There are four (4)
other USR permits within one (1) mile of this location for a dairy, a livestock
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WATER SOLUTIONS COLORADO, LLC
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confinement operation for 310,000 pullets, an auto repair shop and a
High -Pressure Natural Gas line. The Weld County Department of Planning
Services has not received any correspondence objecting to 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. This site is located within three (3) miles of the Towns of
Hudson and Lochbuie and the City of Fort Lupton and is located within the
Fort Lupton CPA. Hudson and Fort Lupton both returned referral responses
stating no concerns. The Town of Lochbuie expressed a desire to ensure
that their aquifer would not be compromised in the waste injection process.
Addressing the concerns has been added as a Condition of Approval of
this Use by Special Review permit. The Town of Lochbuie respectfully
requested the applicant specify the geologic formations that the fluid will be
injected into, and to provide a description of the proposed injection well
construction, including proposed grouting intervals, conductor pipe, and
protection casing intervals. We request this information to confirm that the
proposed construction will be protective of local aquifer systems.
E. Section 23-2-230.6.5 -- 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, Special Flood Hazard Area, or the Airport
Overlay District. 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 applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility located on soils designated as "Other Land," per
the 1979 Soil Conservation Service Important Farmlands of Weld County
Map. This USR will not take any "Prime (Irrigated)" Farmland out of
production.
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. The
applicant will be required to demonstrate compliance with all Colorado Oil
and Gas Conservation Commission (COGCC) and Colorado Department
of Public Health and Environment (CDPHE) requirements and enter into a
Weld County Improvements Agreement to address required off -site
improvements and haul and traffic routes to and from the facility, at a
minimum.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of English Feedlot 2, LLC, c/o Expedition Water Solutions
Colorado, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR19-0002, for a Mineral Resource Development Facility, Oil and Gas Support and Service
Facility (Class II Oilfield Waste Disposal Facility — Salt Water Injection 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 map:
A. The applicant shall address the concerns of the Town of Lochbuie as stated
in the referral response dated January 21, 2019.
B. There is a Use by Special Review Permit, SUP -68, for a feedlot in the
A (Agricultural) Zone District, which encompasses the subject property. A
partial vacation or complete vacation shall be done to remove this property
from SUP -68.
C. 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.
D. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
E. The applicant shall submit a Decommissioning Plan.
F. The applicant shall submit a Lighting Plan, including the Dark Sky Policy,
that complies with Section 23-2-250.D of the Weld County Code.
G. The USR map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0002.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The applicant shall delineate the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) If applicable, the map shall delineate the lighting.
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6) County Road 10 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.
7) County Road 39 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 39 Section Line Right -of -Way, not
County maintained." All setbacks shall be measured from the edge
of the right-of-way.
8) The applicant shall show and label the approved access location on
the site plan. The applicant must obtain an Access Permit in the
approved location(s) prior to construction.
9) The applicant shall show and label the approved tracking control on
the site plan.
10) 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.
11) The applicant shall show and label a 30 -foot wide minimum access
and utility easement to provide legal access to the parcel on the site
plan, if applicable.
12) 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.
13) The applicant shall show and label the drainage flow arrows.
14) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf), or one (1) paper copy, of the map for preliminary
approval to the Weld County Department of Planning Services. Upon approval of
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the map the applicant 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.
3. 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.
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@co.weld.co.us.
5. 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.
6. Prior to the issuance of the Certificate of Occupancy:
A. The facility shall submit a Groundwater Monitoring Plan for review and
approval to the Weld County Department of Public Health and
Environment.
B. The facility shall submit design plans of the offload pad area which should
incorporate a sub -sump monitoring point and synthetic liner for review and
approval to the Weld County Department of Public Health and
Environment.
7. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District. The plan shall be
reviewed on an annual basis by the Facility operator, the Fire District and
the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services.
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8. 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 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 May, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
W j D COUNTY, CPI,aRADO •
ATTEST: Cjettoc^ J j ,,,/ ; 4i
Weld County Clerk to the Board
BY:
Deputy Clerk to
Date of signature: Lop/I1/19
Steve Moreno
rbara Kirkmeyef, Chair
Mike Freeman, Pro-Tem
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ENGLISH FEEDLOT 2, LLC,
C/O EXPEDITION WATER SOLUTIONS COLORADO, LLC
USR19-0002
1. The Site Specific Development Plan and Special Review Permit, USR19-0002, is for
Mineral Resource Development Facilities, Oil and Gas Support and Service (Class II
Oilfield Waste Disposal Facility - Saltwater Injection Facility) 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. The property owner or operator shall provide written evidence of an 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.
4. The number of employees shall no more than ten (10), according to the application
materials.
5. Hours of operation are twenty-four (24) hours each day, seven (7) days per week,
according to the application materials.
6. The property owner shall maintain compliance with the Decommissioning Plan.
7. The applicant shall maintain compliance with the Lighting Plan.
8. 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.
9. The Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates.
10. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
11. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
12. 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.
13. The property owner or operator shall comply with all requirements provided in the
executed Road Maintenance Agreement.
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14. Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
15. The historical flow patterns and runoff amounts on the site will be maintained.
16. Weld County is not responsible for the maintenance of on -site drainage related features.
17. No disposal of waste, other than Class II, as currently defined by the Environmental
Protection Agency, is permitted. Any changes from the approved Class II use will require
an amendment to this Use by Special Review Permit.
18. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
19. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
20. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions. The facility shall
operate in accordance with Chapter 14, Article I, of the Weld County Code.
21. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
22. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain a permit from the Air Pollution Control Division of the
Colorado Department of Public Health and Environment, as applicable.
23. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. As employees or contractors are 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
surrounding properties and public rights -of -way.
24. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems. A permanent,
adequate water supply shall be provided for drinking and sanitary purposes.
25. All potentially hazardous chemicals onsite 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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DEVELOPMENT STANDARDS (USR19-0002) - ENGLISH FEEDLOT 2, LLC, CIO
EXPEDITION WATER SOLUTIONS COLORADO, LLC
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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) Rules and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
27. A leak detection system shall be designed and installed beneath concrete unloading
pad(s), piping, and sump(s). The unloading pad shall be kept in good condition.
28. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in
accordance with the applicable provisions of 40 CFR, Part 112, shall be available.
29. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
30. The facility shall comply with the accepted Groundwater Monitoring Plan.
31. Analytical waste data and environmental monitoring data shall be made available to Weld
County Department of Health and Environment upon request. The Weld County
Department of Health and Environment reserves the right to require additional monitoring.
32. 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.
33. All stormwater, which has come into contact with waste materials on the site, shall be
confined on the site. In the event the stormwater is not adequately controlled on the site,
upon written notification from the WCDPHE or CDPHE, a comprehensive site -wide
Stormwater Plan shall be developed and implemented. The plan must be approved, in
writing, by the WCDPHE or CDPHE, prior to implementation.
34. The applicant shall obtain a Colorado Discharge Permit System (CDPS) permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, as applicable.
35. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone as set forth in C.R.S. §25-12-103.
36. WCDPHE will be notified prior to the closure of the facility. Upon site closure, the facility
will remove all wastes from the site and decontaminate all equipment, tanks, and
secondary containment. All wastes removed from the site during closure activities will be
disposed of off -site, in accordance with all state and federal rules and regulations and with
Weld County Code. Documentation of closure activities will be provided to WCDPHE.
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37. The facility shall notify the County of any revocation and/or suspension of any state -issued
permit.
38. 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.
39. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
40. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. 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.
41. A building permit 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 complete sets of engineered plans bearing the wet
stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report performed by a registered State of Colorado engineer
shall be required or an Open Hole Inspection.
42. 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.
43. 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.
44. 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.
45. 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
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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.
46. 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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