HomeMy WebLinkAbout20190528.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0107, FORA GREATER THAN 12 -INCH HIGH PRESSURE NATURAL
GAS PIPELINE (24 -INCH NATURAL GAS PIPELINE) APPROXIMATELY 7.5 MILES IN
LENGTH IN THE A (AGRICULTURAL) ZONE DISTRICT - KERR-MCGEE
GATHERING, 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 13th day of
February, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Kerr-McGee Gathering, LLC, 1099 18th St., Suite 1800, Denver,
Colorado 80202, for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0107, for a greater than 12 -inch High Pressure Natural Gas Pipeline (24 -inch natural gas
pipeline) approximately 7.5 miles in length in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
The proposed pipeline will cross Sections 6, 7, 8, 9,
10 and 15, Township 3 North; Sections 18, 19, 30
and 31, Township 4 North; all in Range 67 West of
the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Nathan Kaiser, 1099 18th
Street, Suite 1800, Denver, CO 80202, and
WHEREAS, the application for USR18-0107 was received and processed prior to the
adoption of Ordinance #2018-05, effective February 1, 2019, which amended the Division 6 title
to read as PIPELINE - DOMESTIC WATER. Formerly, such division pertained to Use by Special
Review Permits for PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS
OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER. Therefore, the standards
for review of said Use by Special Review Permit will remain subject to Section 23-2-490 of the
Weld County Code as it existed prior to February 1, 2019, 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 23-2-490.A — All reasonable efforts have been made to avoid
irrigated cropland or to minimize the negative impacts on agricultural uses
and lands. The application indicates that the pipeline will be located to
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minimize impacts on the operation of irrigation equipment. All soils
removed for installation of the pipeline will be returned to their original
location and will not be moved offsite. Kerr-McGee Gathering indicates that
they will repair and/or replace any facilities damaged or removed during the
placement of the pipeline. The pipeline route minimizes environmental
impacts such as wetland areas, water bodies and agricultural lands. The
pipeline route is sited on plowed fields and irrigated lands and will be bored
under the Saint Vrain Creek. If the pipeline becomes obsolete, the
Decommissioning Plan submitted with the application will be followed.
B. Section 23-2-490.B — The pipeline will not have an undue adverse effect
on existing and future development of the surrounding area, as set forth in
applicable Master Plans. The pipeline is located within the three (3) mile
referral area of the Towns of Berthoud, Firestone, Johnstown, Mead,
Milliken, and Platteville. No referral responses were received. Little
Thompson Water District and the Front Range Fire Rescue each returned
referral responses with conditions that have been incorporated into the
Conditions of Approval or Development Standards. The Central Weld
County Water District did not have any conditions or concerns with the
project.
C. Section 23-2-490.C — The design of the proposed pipeline mitigates
negative impacts on the surrounding area to the greatest extent feasible.
The applicant indicates that many private easements (rights -of -way without
fee ownership) have been negotiated for the pipeline with private land
owners. The pipeline route minimizes environmental surface impacts. The
pipeline will cross under the County maintained roads and the Saint Vrain
Creek floodplain. In a referral received from the Weld County Floodplain
Planner, dated October 23, 2018, the applicant shall submit a floodplain
permit prior to installing the pipeline and delineate the floodplain and
floodway (if applicable) boundaries on the map. No comments were
received from surrounding property owners.
D. Section 23-2-490.D — The site shall be maintained in such a manner so as
to control soil erosion, dust and the growth of noxious weeds. The
Conditions of Approval and Development Standards will ensure that there
is no fugitive dust or erosion and will ensure the control of noxious weeds.
Best Management Practices (BMPs) will be required for all construction
areas, including erosion control methods, dust suppression, et cetera.
E. Section 23-2-490.E -- The applicant has agreed to implement any
reasonable measures deemed necessary by the Board of County
Commissioners to ensure that the health, safety and welfare of the
inhabitants of the County will be protected, and to mitigate or minimize any
potential adverse impacts from the proposed pipeline. The applicant has
proposed a number of measures to mitigate impacts from the pipeline,
including the boring beneath County roads to avoid damage to the road
surface or disruption to traffic flow; if surface waterbodies will be crossed
by the pipeline either by boring beneath the bed of the waterbody, or by
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utilizing an open -cut crossing method. If the open -cut crossing method is
used, BMPs will be installed to protect the waterbody from erosion or
sediment runoff; tracking pads will be utilized where heavy equipment is
required to cross roads to prevent damage to the road surface; topsoil will
be segregated from subsoil during grading activities. All pipelines will be
compliant with the Department of Transportation (DOT) requirements. The
pipeline trench will be excavated mechanically; pipe segments will then be
strung along the ditch line and then welded together using welders and
weld procedures qualified under the requirements of the Code of Federal
Regulations; each weld will be examined utilizing industry' standard
non-destructive examination, or x-ray, procedures by qualified technicians;
the coating on the pipeline will be inspected for damage and repaired as
necessary and then the line(s) will be lowered into the trench and backfilled.
The pipeline(s) will subsequently be pressure tested using water
(hydrostatically tested) to industry regulations. The transportation of natural
gas via pipeline is generally safer than other potential modes of transport.
There is some small risk of an accident in which the integrity of the pipeline
may be compromised resulting in a release of natural gas or natural gas
liquids. Wet natural gas contains condensed forms of heavier natural gas
liquids and produced water and is considered both flammable and
combustible. Dry natural gas is a clean burning fuel source, also
considered both flammable and combustible. In general, signs of a pipeline
leak include dead or discolored vegetation that is otherwise green along
the pipeline right-of-way, along with pools of liquid or clouds of vapor or
mist not usually present. Kerr-McGee Gathering will clearly mark the
pipeline centerline with markers placed at line -of -site intervals and at all
road crossings. The markers will clearly identify the pipeline and will
provide a telephone number and address where a company representative
can be reached in an emergency or prior to any excavation in the area.
Kerr-McGee Gathering also participates in the Colorado "One Call" system,
which serves as a clearinghouse for excavation activities that are planned
close to pipelines and other underground utilities. Each respective pipeline
centerline will be clearly identified with markers placed at line -of -sight
intervals and at all road crossings. These markers will clearly identify
Kerr-McGee Gathering as the owner / operator, and provide a telephone
number and address where a company representative can be reached in
an emergency. In the event of an emergency, a call to the number on these
markers will go to Kerr-McGee Gathering operations and control center that
is staffed 24 hours / day, 7 days / week by trained operators, qualified in
both the day-to-day operation of the respective pipelines and associated
facilities, and in emergency response procedures. These operators will also
have the ability to monitor the operation of the pipeline system through a
Supervisory Control and Data Acquisition ("SCADA") system. Through the
SCADA system, operators will be able to see key parameters associated
with the operation of the respective pipelines, including pressure,
temperature, and flow rate. In the event that these parameters, or other
critically identified criteria fall outside of pre -determined normal operating
allowances, the SCADA system will raise warnings of potential operational
upsets or pending emergency conditions, providing the operator with time
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to make corrections, if possible, to the system operation in order to clear
the warning. In the event that the specified parameters, or critically
identified criteria, reach pre -determined set points within the system
operation, the SCADA system will alarm. Upon notification of an
emergency, either through the public emergency call number, SCADA
system, operator inspection and training, or other originating source,
Kerr-McGee Gathering will have the ability to isolate the respective
pipelines by closing remotely operated valves in the natural gas pipeline,
isolate any potential fuel source and mitigate propagation of the emergency
situation. Depending upon the nature of the emergency, local emergency
responders would be notified, and Kerr-McGee Gathering would implement
their internal safety response procedures, including dispatching trained
personnel to the site of the emergency.
F. Section 23-2-490.F — All reasonable alternatives to the proposal have been
adequately assessed, and the proposed action is consistent with the best
interests of the residents of the County and represents a balanced use of
resources in the affected area. The applicant will utilize a pipeline
right-of-way corridor negotiated through agreements with private property
owners.
G. Section 23-2-490.G — The nature and location or expansion of the pipeline
will not unreasonably interfere with any significant wildlife habitat and will
not unreasonably affect any endangered wildlife species, unique natural
resource, known historic landmark or archaeological site within the affected
area. A Cultural Resource Inventory prepared by Tetra Tech, Inc.
consultants dated September 2018, for the Johnstown to Saint Vrain
Pipeline Project route for a specific site assessment of the biological,
aquatic and cultural resources adjacent to the proposed pipeline route. The
purpose of this review was to identify any significant natural or cultural
resource constraints or risks .associated with the development of the
pipelines. History Colorado did not return a referral response indicating
they had no conflicts with the project.
H. Section 23-2-490.H — No adverse impact, from stormwater runoff, to the
public rights -of -way and/or surrounding properties as a result of the
pipeline. The applicant will be required to maintain historic flow patterns
and runoff amounts, per the Department of Public Works referral, dated
November 14, 2018. A drainage plan will be not be required for this project.
Section 1.A.5 of the drainage criteria provides an exception for pipelines
and transmission lines. Kerr-McGee Gathering acknowledges in their
application that the historical flow patterns and runoff amounts will be
maintained on the site or in such a manner that it will reasonably preserve
the natural character of the area and prevent property damage of the type
generally attributed to runoff rate and velocity increases, diversions,
concentration and/or unplanned ponding of storm runoff. 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
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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 Kerr-McGee Gathering, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0107, for a greater than 12 -inch
High Pressure Natural Gas Pipeline (24 -inch natural gas pipeline) approximately 7.5 miles in
length 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. A Road Maintenance Agreement is required during the construction of the
pipeline. Road maintenance may include dust control, tracking control,
damage repair attributable to construction of the pipeline and located within
0.5 miles of any construction access point for the project.
B. The applicant shall address the concerns of the Little Thompson Water
District, as stated in the referral response dated October 26, 2018.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
C. The applicant shall submit evidence of the Great Western Railroad crossing
agreement provide evidence of reasonable accommodation to meet the
needs of the agency.
D. The applicant shall submit evidence of the Highland Ditch Company
(Farmers Extension Canal) crossing agreement or provide evidence of
reasonable accommodation to meet the needs of the agency.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0107.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-520 of
the Weld County Code.
4) The final location of the permanent gas pipeline easement with
dimension of permanent easement, property ownership, parcel
number, all easements of record, and all physical encumbrances.
5) The owner, width and crossing agreement reception number(s)
shall be shown for all transmission lines, water or oil and gas
pipelines, irrigation ditches and canals.
6) County Road 44 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road which requires
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60 feet of right-of-way at full buildout. The applicant shall delineate
on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by
Weld County.
7) County Road 15 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
on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by
Weld County.
8) County Road 40 Section Line is 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 40 Section
Line Right -Of -Way, not County maintained." All setbacks shall be
measured from the edge of right-of-way.
9) County Road 38 is a paved 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 on the site plan the existing right-of-way. All setbacks
shall be measured from the edge of right-of-way. This road is
maintained by Weld County.
10) County Road 36 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
on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by
Weld County.
11) County Road 17 is a paved road and is designated on the Weld
County Functional Classification Map as a arterial road which
requires 140 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the existing right-of-way. All setbacks
shall be measured from the edge of right-of-way. This road is
maintained by Weld County.
12) County Road 34 is a paved 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 on the site plan the existing right-of-way. All setbacks
shall be measured from the edge of right-of-way. This road is
maintained by Weld County.
13) County Road 19 Section Line is shown to have 30 feet of
unmaintained section line right-of-way per the Weld County GIS
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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 19 Section Line Right -Of -Way, not
County maintained." All setbacks shall be measured from the edge
of right-of-way.
14) The applicant shall show and label the approved construction and
permanent access locations on the site plan (if applicable). The
applicant must obtain an access permit in the approved location(s)
prior to construction.
15) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the map. Label the floodplain boundaries with the
FEMA Flood Zone and FEMA Map Panel Number or appropriate
study.
16) The applicant shall show and label all recorded easements on the
map by book and page number or reception number and date.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy or one (1) electronic copy (.pdf) 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
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 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
construction of the pipeline.
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The applicant shall submit evidence of a Right -of -Way Permit for any work
that may be required in the right-of-way and/or a Special Transport Permit
for any oversized or overweight vehicles that may access the site.
C. If more than one (1) acre is to be disturbed for construction of non -pipeline
items, a Weld County Grading Permit will be required.
D. A Flood Hazard Development Permit is required to install pipelines in the
100 -year floodplain.
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 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 13th day of February, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WF D COUNTY, , OLORADO
ATTEST: daittiv je,L ok.,
Weld County Clerk to the Board
BY:
Deputy Clerk
tf-ount ttorney
Date of signature: A-1-19
Barbara Kirk -yer, C air
Mike Freeman, P
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KERR-MCGEE GATHERING, LLC
USR18-0107
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0107, is for
a greater than 12 -inch High Pressure Natural Gas Pipeline (24 -inch natural gas pipeline)
approximately 7.5 miles in length 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 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.
4. 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.
5. During construction, the accesses to the pipeline corridor shall be maintained to mitigate
any impacts to the public road, including damages and/or off -site tracking.
6. During construction, there shall be no parking or staging of vehicles on public roads.
7. 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.
8. Any oil and gas pipeline crossing a maintained or unmaintained County road right-of-way
shall be bored a minimum depth of ten (10) feet measured below the lowest point of right-
of-way. Crossing depths are subject to approval or modification by the Department of
Public Works based on engineering and safety standards and existing utilities in the right-
of-way.
9. With exception of perpendicular crossings, oil and gas pipelines are not to be located
within Weld County right-of-way or future right-of-way.
10. Any damage occurring to the County right-of-way or County maintained roadway, caused
by the pipeline, will be the responsibility of the operator.
11. The historical flow patterns and runoff amounts onsite will be maintained.
12. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map. Any development shall comply with all
applicable Weld County requirements, Colorado Water Conservation Board requirements
as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA
regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA
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definition of development is any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials.
13. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundary has been modified.
14. During construction, 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.
15. During construction, 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. During construction, waste materials shall be handled, stored, and disposed of in a
manner that controls fugitive dust, fugitive particulate emissions, 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 and fugitive particulate emissions shall be controlled throughout the duration
of construction of the pipeline and until ground cover is established. Uses on the property
shall 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. During construction, adequate toilet facilities and handwashing units shall be provided.
Portable toilets are acceptable. Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers.
20. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
21. 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
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.
22. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
23. During construction, necessary personnel from the Weld County Departments of Planning
Services, Public Works, and Public Health and Environment shall be granted access onto
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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.
24. 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.
25. 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.
26. 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 person moving into these areas must
recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
27. 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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