HomeMy WebLinkAbout20191733.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0004, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL
AND GAS SUPPORT AND SERVICE, NATURAL GAS PROCESSING FACILITY TO
INCLUDE A 20 -MILLION STANDARD CUBIC -FOOT PER DAY (MMSCFD) TRAIN, A
60-MMSCFD TRAIN, A 200-MMSCFD TRAIN, AND A 60-MMSCFD COMPRESSOR
STATION; A 5 -MV SUBSTATION, ONE (1) COMMUNICATION TOWER UP TO 70 FEET
IN HEIGHT; TRANSLOADING AND UP TO TWELVE (12) TEMPORARY
CONSTRUCTION TRAILERS, AND UP TO SIX (6) TEMPORARY (DURING
CONSTRUCTION) CONEX CONTAINERS IN THE A (AGRICULTURAL) ZONE
DISTRICT - GABEL CATTLE, LLC, C/O CURETON FRONT RANGE, 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 Gabel Cattle, LLC, P.O. Box 717, Galeton, Colorado 80622, do Cureton Front
Range, LLC, 518 17th St., Suite 1405, Denver, Colorado 80202, for a Site Specific Development
Plan and Use by Special Review Permit, USR19-0004, for Mineral Resource Development
Facilities, Oil and Gas Support and Service, Natural Gas Processing Facility to include a
20 -million standard cubic -foot per day (MMscfd) train, a 60-MMscfd train, a 200-MMscfd train,
and a 60-MMscfd compressor station; a 5 -MV substation, one (1) communication tower up to
70 feet in height; transloading and up to twelve (12) temporary construction trailers, and up to
six (6) temporary (during construction) conex containers in the A (Agricultural) Zone District, on
the following described real estate, being more particularly described as follows:
SE1/4 of Section 30, Township 9 North, Range 60
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.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
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2019-1733
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SPECIAL REVIEW PERMIT (USR19-0004) - GABEL CATTLE, LLC, CIO CURETON FRONT
RANGE, LLC
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1
Section 22-2-80.F (I.Goal 5) states: "Minimize the incompatibilities
that occur between industrial uses and surrounding properties."The
facility is located on the 316 +/- acre parcel with all equipment
fenced and gated. The proposed facility will not result in a
substantial adverse impact on the other property in the vicinity of
the subject property. The uses which will be permitted, will be
compatible with the existing surrounding land uses. The
surrounding properties are generally large dryland agricultural lots
with oil and gas encumbrances. There are two (2) residences
located to the west, Krier at 2.5 miles and Mendoza 2.14 miles from
the residence to the west property line of the facility. There are three
(3) residences located to the north, Gable Land and Cattle at 0.89
miles, Nelson at 1.6 miles and Rohn at 1.95 miles from their
respective residence to the north property line. To the east there
are several residences located in the Keota Townsite with the
Bashor residence located 3.53 miles to the east property line. No
residential structures were identified to the south of the proposed
facility. The proposed Development Standards address lighting,
screening, noise standards, access and tracking control. The
Department of Planning Services has not received any comments
from the surrounding property owners or other interested persons
regarding the proposed modification. Agriculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, Industrial, and Residential land Uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production
without the interference of other, incompatible land uses. 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 A (Agricultural) Zone
District regulations are established to promote the health, safety
and general welfare of the present and future residents of the
County. The proposed Use is in an area that can support this
development. The proposed 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.
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 and Use by Special Review Permit for Mineral
Resource Development facilities, Oil and Gas Support and Service, Natural
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Gas processing facilities, related equipment and structures, including
storage yards, Section 23-3-40.A.7 allows for Transloading, and
Section 23-3-40.L allows for an up to 70 -foot in height Telecommunication
Antenna Tower in the A (Agricultural) Zone District.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The existing site is surrounded by
dryland pasture grasses with oil and gas encumbrances. There are limited
rural residences in the immediate area. Cureton Front Range, LLC, is
committed to mitigating potential off -site transient lighting and noise
impacts generated by this facility and will, through a combination of
equipment and engineering measures, maintain and comply with the
applicable noise standard for the proposed Hookside Gas Plant and
Compressor Station Facility. Once the construction is completed, the
disturbed area will be replanted with native grasses compliant with the
Weld County seed mix requirements. There are four (4) Special Use
Permits within two (2) miles of the proposed facility. To the west is
USR13-0018 for the Sterling Energy Gas Plant; SUP -333 for a 345 -kV
Transmission Line, and USR-992 and SUP -262 for open pit mining. To the
north is the Southern Star/Williams Energy Company FERC permitted
pipeline.
D. Section 23-2-230.B.4 -- The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is not located within the three (3) mile referral area
of an incorporated municipality or a County.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The site is not in a Floodplain
or a Geologic hazard area, the MS4 area or 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 gas plant and compressor station facility will be located
on approximately 114 acres of "High Potential Dry Cropland — Prime if they
become Irrigated" and approximately 202 acres of "Prime if Irrigated," per
the 1979 Soil Conservation Service Important Farmlands of Weld County
Map. There is no irrigation water associated with the parcel and, therefore,
the property owner will not be taking any Prime agricultural land out of
production.
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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 Gabel Cattle, LLC, do Cureton Front Range, LLC, for a
Site Specific Development Plan and Use by Special Review Permit, USR19-0004, for Mineral
Resource Development Facilities, Oil and Gas Support and Service, Natural Gas Processing
Facility to include a 20 -million standard cubic -foot per day (MMscfd) train, a 60-MMscfd train, a
200-MMscfd train, and a 60-MMscfd compressor station; a 5 -MV substation, one (1)
communication tower up to 70 feet in height; transloading and up to twelve (12) temporary
construction trailers, and up to six (6) temporary (during construction) conex containers in the
A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the USR map:
A. The applicant shall submit a deed for the southeast quarter of Section 30,
Township 9 North, Range 60 West of the 6th P.M., Weld County, Colorado
B. An Improvements and 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. The Agreement shall include
provisions addressing engineering requirements, submission of collateral,
and testing and approval of completed improvements.
C. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the state of Colorado is
required.
D. The applicant shall develop a Lighting Plan, including the Dark Sky Policy,
for review and acceptance in accordance with Section 23-9-40 and Section
23-2-250 of the Weld County Code.
E. The applicant shall develop a Decommissioning Plan for review and
acceptance by the Department of Planning Services.
F. The applicant shall develop a Sign Plan for review and approval in
compliance with Chapter 23, Article IV, Division 2 and Appendices 23-C,
23-D and 23-E of the Weld County Code to the Department of Planning
Services.
G. The applicant shall attempt to address the concerns of the Colorado
Department of Public Health and Environment, as stated in the referral
dated February 21, 2019.
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H. Prior to Recording the USR Map, the map shall be amended to delineate
the following:
1) All sheets of the map shall be labeled USR19-0004.
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) County Road 99 Section Line is shown to have 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 99 Section Line
Right -of -Way, not County maintained." All setbacks shall be
measured from the edge of the right-of-way.
6) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (60 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved location(s) prior to construction.
7) County Road 100 is a gravel road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate the existing and future 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.
8) The applicant shall show and label the approved tracking control on
the site plan.
9) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
10) The applicant shall show and label the accepted drainage features.
Stormwater ponds should be labeled as "Stormwater Detention,
No -Build or Storage Area" and shall include the calculated volume.
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11) The applicant shall show and label the drainage flow arrows.
12) The applicant shall show and label the parking.
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 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. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
B. The approved access and tracking control shall be constructed prior to
on -site construction.
5. Prior to the issuance of the Certificate of Occupancy:
A. An engineered Onsite Wastewater Treatment System and a commercial
well will be permitted and constructed for drinking and sanitary purposes at
the proposed facility.
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. The applicant shall
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
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SPECIAL REVIEW PERMIT (USR19-0004) — GABEL CATTLE, LLC, CIO CURETON FRONT
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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
WAD COUNTY, CO RADO
ATTEST: dae J �C,Gto: t,
Weld County Clerk to the Board
BY:
Deputy Clerk t
ty Attorney
1
Date of signature: (0 3/iQ
rbara Kirkmeyer, Chair
Mike Freeman, Pro-Tem
Steve Moreno
2019-1733
PL2666
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GABEL CATTLE, LLC,
CIO CURETON FRONT RANGE, LLC
USR19-0004
1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0004, is
for Mineral Resource Development Facilities, Oil and Gas Support and Service, Natural
Gas Processing facility to include a 20 -million standard cubic foot per day (MMscfd) train,
a 60-MMscfd train, a 200-MMscfd train, and a 60-MMscfd compressor station; a 5 -MV
substation; one (1) communication tower up to 70 -feet in height; Transloading and up to
twelve (12) temporary construction trailers; and up to six (6) temporary (during
construction) conex containers 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, as stated in the
application.
4. The number of full-time, on -site employees at full buildout is limited to twenty-three (23).
5. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
6. The applicant shall maintain compliance with the Nosie Mitigation Plan.
7. The applicant shall maintain compliance with the approved Lighting Plan.
8. The applicant shall maintain compliance with the approved Decommissioning Plan.
9. 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.
10. 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, including the Dark Sky Policy. 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.
11. The owner of the communication tower shall allow co -location by other telecommunication
providers as long as the owner's security protocols can be met.
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DEVELOPMENT STANDARDS (USR19-0004) - GABEL CATTLE, LLC, C/O CURETON
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12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, once the facility is a manned facility (i.e., Phase 2 and beyond). 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 public view.
18. 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.
19. 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.
20. 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.
21. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in
accordance with the applicable provisions of 40 CFR, Part 112, shall be available.
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DEVELOPMENT STANDARDS (USR19-0004) - GABEL CATTLE, LLC, C/O CURETON
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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
Commercial Zone as delineated in C.R.S. §25-12-103.
25. 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.
26. The facility shall notify the County of any revocation and/or suspension of any state -issued
permit.
27. 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.
28. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
29. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Article I and II, of the Weld County Code.
30. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
31. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
32. 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.
33. The property owner shall comply with all requirements provided in the executed
Improvements Agreement.
34. The Improvements Agreement for this site may be reviewed on an annual basis, including
a site visit and possible updates.
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.
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37. 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.
38. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County -Wide Road Impact Fee Program.
39. Building Permits issued on the proposed lots, will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
40. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
41. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
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
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
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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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