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Home My WebLink About20191092.tiffRESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0116, FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (CENTRAL GATHERING FACILITY TO RECEIVE NATURAL GAS, PRODUCED WATER AND OIL ALONG WITH GAS COMPRESSION, GAS PROCESSING, PRODUCED WATER RECYCLING, A SALT WATER INJECTION DISPOSAL WELL, STORAGE YARD AND FIELD OFFICE, FIVE (5) CARGO CONTAINERS AND TWO (2) TEMPORARY CONSTRUCTION OFFICE TRAILERS TO BE UTILIZED DURING CONSTRUCTION OF THE FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT - ENERPLUS RESOURCES (USA) 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 20th day of March, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Enerplus Resources (USA) Corporation, 950 17th St., Suite 2200, Denver, Colorado 80202, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0116, for an Oil and Gas Support and Service Facility (central gathering facility to receive natural gas, produced water and oil along with gas compression, gas processing, produced water recycling, a salt water injection disposal well, storage yard and field office, five (5) cargo containers and two (2) temporary construction office trailers to be utilized during construction of the facility) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Part of the SW1/4 of Section 26, Township 8 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, 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. cc PLC C(,(TP), PIAX i-t .EH(6F). ca -c Sc), O PPL , Gif PL R£P ©-if i (9 2019-1092 PL2655 SPECIAL REVIEW PERMIT (USR18-0116) - ENERPLUS RESOURCES (USA) CORPORATION PAGE 2 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 proposed facility is located in a rural area and will be located approximately one (1) mile from the nearest residences in the area. The site is located approximately 0.5 miles south of County Road (CR) 90 and the access into the site off of CR 90 will not be located in close proximity (or across) the street from residences in the area. 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 serviced by a commercial well and septic system. The facility will access onto CR 90. An Improvements and Road Maintenance Agreement (to address impacts and potential future damage) to CR 90 is required as a Condition of Approval for this facility. 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 site is screened from many existing residences located to the west by existing topography (hills). The proposed use is in an area that can support this development and the Conditions of Approval (including noise and lighting standards), and the Development Standards will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. 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.A.2 provides for a Site Specific Development Plan for Oil and Gas Support and Service (Central Gathering Facility to receive natural gas, produced water and oil along with gas compression, gas processing, produced water recycling, a salt water injection disposal well, storage yard and field office) in the A (Agricultural) Zone District. 1) Section 23-3-10 — Intent, states, in part: "The (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 and the Conditions of Approval and Development Standards will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. 2019-1092 PL2655 SPECIAL REVIEW PERMIT (USR18-0116) - ENERPLUS RESOURCES (USA) CORPORATION PAGE 3 C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed facility is located approximately one (1) mile to the north and east and one (1) mile to the north and west of the nearest residences. Rangeland and dry cropland surround the property. One (1) letter of concern/objection dated January 11, 2019, was received from the Otis, Bedingfield and Peters on behalf of the adjacent property to the south. Concerns expressed in the letter include: the close proximity of the facility (including the injection well) to the property to the south; drainage impacts (impacts on an intermittent stream that drains to the south); traffic impacts; and, no landscaping or screening (especially if the property is located near the south property line). The applicant has submitted an updated USR map that relocates the facility 1,600 feet further to the north in response to this request. The facility is going to access to the north onto CR 90. The nearest residence from the access point onto CR 90 is approximately 0.75 miles to the east. Most nearby residences are located approximately one (1) mile to the west of the site along CR 19. In driving along CR 19, it appears that the facility will be completely screened by topography in some places. 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 area and is located partially within the Coordinated Planning Agreement (IGA) boundary for the Town of Severance. The Town of Severance indicated, in an e-mail dated October 19, 2018 (prior to referrals being sent out for this case), that this site is located outside of the Growth Management Area for Severance. No referral comments have been received from the Town of Severance for this case. 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, a Special Flood Hazard Area or the Airport Overlay District. Building Permits issued 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. The proposed facility is located on approximately 160.25 acres delineated as "Prime if Irrigated," per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The parcel is not irrigated. The owner (applicant) does not have any rights to irrigation water. G. Section 23-2-230.8.7 — The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County 2019-1092 PL2655 SPECIAL REVIEW PERMIT (USR18-0116) - ENERPLUS RESOURCES (USA) CORPORATION PAGE 4 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 Enerplus Resources (USA) Corporation, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0116, for an Oil and Gas Support and Service Facility (central gathering facility to receive natural gas, produced water and oil along with gas compression, gas processing, produced water recycling, a salt water injection disposal well, storage yard and field office, five (5) cargo containers and two (2) temporary construction office trailers to be utilized during 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 map: A. An Improvements and Road Maintenance Agreement is required for dust control, damage repair to specified haul routes, and potential off -site improvements at this location. B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. C. A Landscaping/Screening Plan to mitigate visual impacts of the facility on existing residences to the southwest shall be submitted to the Department of Planning Services for review and approval. If landscaping is proposed as screening, including berming and natural grasses, a landscape irrigation and maintenance plan shall be provided. D. A Lighting Plan that meets the requirements of Section 23-9-40 of the Weld County Code and incorporates the Dark Sky Policy in the design. shall be submitted for review and approval by the Department of Planning Services. E. A Decommissioning Plan shall be submitted to the Department of Planning Services. F. A Communications Plan shall be submitted to the Department of Planning services. The Communications Plan shall address ongoing communication processes with area property owners and reviewed annually with input from the area property owners. G. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR18-0116. 2) The attached Development Standards. 2019-1092 PL2655 SPECIAL REVIEW PERMIT (USR18-0116) - ENERPLUS RESOURCES (USA) CORPORATION PAGE 5 3) The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 4) The applicant 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 per the approved Landscaping/Screening Plan. 6) The map shall delineate the lighting per the approved Lighting Plan. 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 90 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. 9) County Road 21 Section Line is shown as 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 applicants shall show and label the section line Right -of -Way as "CR 21 Section Line Right -of -Way, not County maintained." All setbacks shall be measured from the edge of the right-of-way. 10) The applicant shall show and label the approved access location, 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 prior to construction. 11) The applicant shall show and label the approved Tracking Control on the site plan. 12) 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. 2019-1092 PL2655 SPECIAL REVIEW PERMIT (USR18-0116) - ENERPLUS RESOURCES (USA) CORPORATION PAGE 6 13) The applicant shall show and label the access and utility easement to provide legal access to the parcel on the site plan. The applicant shall show the easement from the project parcel up to and including the connection to maintained County Road 55. 14) 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. 15) The applicant shall show and label the drainage flow arrows. 16) The applicant shall show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. 17) The application 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 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 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 plat 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 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@co.weld.co.us. 5. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. 2019-1092 PL2655 SPECIAL REVIEW PERMIT (USR18-0116) - ENERPLUS RESOURCES (USA) CORPORATION PAGE 7 B. The approved Access and Tracking Control shall be constructed prior to on -site construction. 6. Prior to issuance of Certificate of Occupancy: A. An Onsite Wastewater Treatment System is required for the proposed facility and shall be installed according to the Weld County Onsite Wastewater Treatment System Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Onsite Wastewater Treatment System Regulations. B. Documentation showing the facility has a permanent, adequate water supply for drinking and sanitary purposes. 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. The applicant shall submit evidence of acceptance to the Department of Planning Services. 8. Prior to the facility disposing or recycling of waste: A. For recycling operations, the facility shall submit documentation showing the facility has an approved Design and Operations plan approved by the Colorado Oil and Gas Conservation Commission (COGCC). B. The facility shall submit a Groundwater Monitoring Plan for review and approval to the Weld County Department of Public Health and Environment. C. 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. 9. The Use by Special Review 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. 2019-1092 PL2655 SPECIAL REVIEW PERMIT (USR18-0116) - ENERPLUS RESOURCES (USA) CORPORATION PAGE 8 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of March, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WsLD COUNTY, CQLORADO ATTEST:di , / ,� Weld County Clrk to .. the Board BY:T A �Jc Deputy Clerk tc6 the Board APP '• Vl' D AS Date of signature: qmAct F �6; e �( mot ��• � _ �_%`�-.,,`� � � -� `'—/....'h^z•� Steve Moreno EXCUSED arbara Kirkmeyer, Chair cJ Mike Freeman, P-Tem an P Conway t K. James 2019-1092 PL2655 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ENERPLUS RESOURCES (USA) CORPORATION USR18-0116 1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0116, is for an Oil and Gas Support and Service Facility (Central Gathering Facility to receive natural gas, produced water and oil along with gas compression, gas processing, produced water recycling, a salt water injection disposal well, storage yard and field office) 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 hours of operation are 24 hours a day, seven (7) days a week. 4. The number of on -site employees shall be up to eight (8), as stated in the application. 5. The parking area on the site shall be maintained. 6. 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. 7. The applicant or operator shall comply with the approved Decommissioning Plan. 8. The applicant or operator shall comply with the approved Communications Plan. 9. The applicant or operator shall comply with the approved Lighting Plan. 10. The landscaping/screening on the site shall be maintained in accordance with the approved Landscape/Screening Plan. 11. 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. 12. No disposal of waste, other than Class II, as currently defined by the Environmental Protection Agency, is permitted. No commercial disposal of waste will occur at this facility. Any changes from the approved Class II use will require an amendment to this Use by Special Review Permit. 13. 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. 14. 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. 2019-1092 PL2655 DEVELOPMENT STANDARDS (USR18-0116) - ENERPLUS RESOURCES (USA) CORPORATION PAGE 2 15. The facility shall comply with the Colorado Oil and Gas Conservation Commission (COGCC) regulations pertaining to Centralized E&P Waste Management Facilities. Only E&P wastes, generated by the operator, are allowed to be recycled at the facility. 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, 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 (WCDPHE). 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 properties. 20. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Onsite Wastewater Treatment Systems. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 21. All potentially hazardous chemicals on -site 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. 22. 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. 23. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off for proper disposal. Records of installation, maintenance, and proper disposal shall be retained. 24. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, shall be available. 2019-1092 PL2655 DEVELOPMENT STANDARDS (USR18-0116) - ENERPLUS RESOURCES (USA) CORPORATION PAGE 3 25. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. 26. Any contaminated soils on the facility shall be removed, treated or disposed of in accordance with all applicable rules and regulations. 27. All spills will be reported to local, state and federal agencies in accordance with all state and federal regulations. 28. 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. 29. The facility shall comply with the accepted Groundwater Monitoring Plan. 23. 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. 31. 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. 32. 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, as applicable. 33. A noise mitigation screen shall be erected and maintained continuously around the entire facility being constructed during construction. 34. The facility shall notify the County of any revocation and/or suspension of any State -issued permit. 35. 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. 36. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 37. 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. 38. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or offsite tracking. 2019-1092 PL2655 DEVELOPMENT STANDARDS (USR18-0116) - ENERPLUS RESOURCES (USA) CORPORATION PAGE 4 39. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized 40. 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. 41. The property owner shall comply with all requirements provided in the executed Improvements Agreement. 42. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. 43. The historical flow patterns and runoff amounts on the site will be maintained. 44. Weld County is not responsible for the maintenance of onsite drainage related features. 45. 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. The applicants shall submit a Lighting Plan incorporating the Dark Sky Policy for review and approval by the Department of Planning Services. 46. Building permits may be required, for any new construction or set up manufactured structure, per Section 29-3-10 of the Weld County Code. A building permit application must be completed and submitted. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2018 International Building Codes; 2018 International Residential Code; 2006 International Energy Code; 2017 National Electrical Code; and Chapter 29 of the Weld County Code. A plan review shall be approved, and a permit must be issued prior to the start of construction. 47. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 48. 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. 49. 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 2019-1092 PL2655 DEVELOPMENT STANDARDS (USR18-0116) - ENERPLUS RESOURCES (USA) CORPORATION PAGE 5 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. 50. 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. 51. 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. 52. 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. 2019-1092 PL2655 Hello