HomeMy WebLinkAbout20192402.tiffRESOLUTION
RE: APPROVE MAJOR AMENDMENT, 1 MJUSRI9-14-0035, TO A SITE SPECIFIC
DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR14-0035,
(NATURAL GAS AND CONDENSATE SEPARATOR FACILITY AND COMPRESSOR
FACILITY) TO EXPAND THE BOUNDARIES AND TO ADD AN AMINE SYSTEM TO
TREAT GAS AND A CRYOGENIC PROCESSING PLANT INCLUDING A 125 -FOOT
FLARE IN THE A (AGRICULTURAL) ZONE DISTRICT - AKA ENERGY GROUP, 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 24th day of
April, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of AKA Energy Group, LLC, 125 Mercado St., Suite 201, Durango, Colorado
81301, for a Major Amendment, 1MJUSR19-14-0035, to a Site Specific Development Plan and
Use by Special Review Permit, USR14-0035, (natural gas and condensate separator facility and
compressor facility) to expand the boundaries and to add an Amine System to treat gas and a
Cryogenic Processing Plant including a 125 -foot Flare in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Part of the W1/2 SW1/4 of Section 31, Township 4
North, Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the Board deemed it advisable to continue the matter to
July 3, 2019, to allow AKA Energy Group, LLC, adequate time to finalize the noise modeling study
and conduct another community meeting, and present to the Planning Commission on May 21,
2019, and
WHEREAS, on July 3, 2019, the applicant was represented by Coy Bryant, 19750 County
Road 31, Gilcrest, Colorado 80623, 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 23-2-230.6 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.
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MAJOR AMENDMENT TO SPECIAL REVIEW PERMIT (1MJUSR19-14-0035) - AKA ENERGY
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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 use is in an area that can
support this development and the existing screening, Conditions of
Approval, and the Development Standards, (including a screening
plan, maximum noise limits, communications plan, lighting plan and
emergency action and safety plan) will assist in mitigating the
impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region.
2) Section 22-2-20.1.5 (A Policy 9.5) states: "Applications fora change
of land use in the agricultural areas should be reviewed in
accordance with all potential impacts to surrounding properties and
referral agencies. Encourage applicants to communicate with those
affected by the proposed land use change through the referral
process." The applicant has conducted three (3) meetings with
property owners in the area to discuss/address potential impacts
associated with the proposed expansion. The applicant has
proposed mitigations (such as installing a wall) based on feedback
received during these meetings.
3) Section 22-5-100.A (OG.Goal 1) states: "Promote the reasonable
and orderly exploration and development of oil and gas mineral
resources." The applicant is proposing an installation of a wall to
mitigate visual impacts from the facility in response to feedback
from property owners in the area. The proposed facility is located
approximately 1,000 feet from the nearest residence.
B. Section 23-2-230.6.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.A.2 of the Weld County Code allows Oil and Gas
support facilities (natural gas and condensate separator facility and
compressor facility) as a Use by Special Review in the
A (Agricultural) Zone District.
2) Section 23-3-10 — Intent, states, in part: "The A (Agricultural) Zone
District is also intended to provide areas for the conduct of uses by
Special Review which have been determined to be more intense or
to have a potentially greater impact than uses Allowed by Right."
The proposed use is in an area that can support this development
(it is located approximately 1,000 feet from the nearest residence)
and the Conditions of Approval and Development Standards
(including requirements for landscaping and screening, lighting,
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communication plan and noise abatement) will assist in mitigating
the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region.
C. Section 23-2-220.A.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The nearest residence is located
approximately 1,000 feet to the southwest of the site.
USR18-0019 (Latham) and 4MUSR16-83-542 (Mewbourn) are located
approximately one (1) mile to the west. AMUSR-355 (Compressor Station)
is located approximately 0.25 miles to northwest. The applicant has had
three (3) meetings (two (2) in March and one (1) in May) with the
surrounding property owners. Notice to surrounding property owners within
one (1) mile were mailed. Based on feedback received during the
neighborhood meetings, the applicant is proposing to utilize a wall to
screen the facility. One (1) surrounding property owner submitted a copy
of the compliance advisory issued from the Colorado Department of Public
Health and Environment (CDPHE). An e-mail was submitted from a
surrounding property owner requesting that the scale of the changes
require a USR versus a Minor Amendment. The Department of Planning
Services has attached several Conditions of Approval, including a
Screening and Landscaping Plan, Noise Abatement Plan, and
Communication Plan, to address impacts associated with the facility and
ensure compatibility with surrounding property owners.
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 a three (3) mile referral area of
any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Geologic Hazard Overlay District, a 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 is located on approximately 80 acres delineated
as "Other," per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map.
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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 AKA Energy Group, LLC, for a Major Amendment,
1MJUSR19-14-0035, to a Site Specific Development Plan and Use by Special Review Permit,
USR14-0035, (natural gas and condensate separator facility and compressor facility) to expand
the boundaries and to add an Amine System to treat gas and a Cryogenic Processing Plant
including a 125 -foot Flare 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 plat:
A. A Road Maintenance Agreement is required at this location. Road
maintenance includes, but is not limited to, dust control and damage repair
to specified haul routes.
B. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the state of Colorado, is
required.
C. The applicant shall address the requirements of the Colorado Department
of Public Health and Environment, as stated in the referral dated
February 13, 2019. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
D. A revised Lighting Plan shall be submitted for review and approval by the
Department of Planning Services. The Lighting Plan shall address manual
control of lighting in sectors and include the Dark Sky Policy.
E. The applicant shall provide an updated Noise Abatement Plan, which shall
include noise modeling for the facility in its buildout Condition.
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 by reviewed annually with input
from the area property owners. The plan shall require the operator to
communicate planned flare events, as well as post -emergent incidents of
flaring.
G. A Screening and Landscaping Plan, to mitigate visual impacts of the facility,
shall be submitted to the Department of Planning Services for review and
approval. A Landscape Irrigation and Maintenance Plan shall be provided.
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H. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled 1MJUSR19-14-0035.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas on the map.
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 screening.
6) The map shall delineate the lighting.
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) The map shall delineate the parking area for the vendors, customers,
and/or employees.
9) County Road 38 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.
10) County Road 37 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 37 Section Line Right -of -Way, not
County maintained." All setbacks shall be measured from the edge
of the right-of-way.
11) 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.
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12) The applicant shall show and label the approved tracking control on
the site plan.
13) 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.
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 applicant 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) 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 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.
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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 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. Prior to the issuance of the Certificate of Occupancy:
A. An On -site Wastewater Treatment System is required for the proposed
facility and shall be installed according to the Weld County On -site
Wastewater Treatment System Regulations. The septic system is required
to be designed by a Colorado Registered Professional Engineer according
to the Weld County On -site Wastewater Treatment System Regulations.
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 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by the
following vote on the 3rd day of July, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
W YD COUNTY, CO RADO
ATTEST:
diziffiv
Weld County Clerk to the Board
BY:
AP
Steve Moreno
County Attorney
Date of signature:
Mike Freeman, Pro-Tem
arbara KirkmeyeJ, Chair
P. Conway
K. James
i
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SITE SPECIFIC DEVELOPMENT PLAN
MAJOR AMEDMENT TO USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
AKA ENERGY GROUP, LLC
1 MJUSRI 9-14-0035
1. The Major Amendment, 1MJUSR19-14-0035, to a Site Specific Development Plan and
Use by Special Review Permit, USR14-0035, (natural gas and condensate separator
facility and compressor facility) to expand the boundaries and to add an Amine System to
treat gas and a Cryogenic Processing Plant including a 125 -foot Flare 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. Scheduled
maintenance events that include flaring shall occur during daylight hours.
4. The number of permanent on -site employees is up to ten (10).
5. The compressors may be powered by natural gas engines or electric motors.
6. During normal operations, the flare shall be shielded.
7. The parking area on the site shall be maintained.
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 screening on the site shall be maintained, in accordance with the approved
Landscaping/Screening Plan.
10. The applicant or operator shall comply with the approved Decommissioning Plan.
11. The applicant or operator shall comply with the approved Noise Mitigation Plan.
12. The applicant or operator shall comply with the approved Lighting Plan.
13. The applicant or operator shall comply with the approved Communications Plan.
14. 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.
15. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
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16. 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.
17. 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.
18. 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.
19. 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.
20. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. As employees or contractors are on site for less than
two (2) consecutive hours a day portable toilets and bottled water are acceptable. Records
of maintenance and proper disposal for portable toilets shall be retained on a quarterly
basis and available for review by the Weld County Department of Public Health and
Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and
shall contain hand sanitizers. Portable toilets shall be screened from existing adjacent
residential properties, and public rights -of -way.
21. 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.
22. All 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.
23. 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.
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.
25. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
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26. 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.
27. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone as delineated in C.R.S. §25-12-103.
28. The operator shall provide to the Weld County Department of Public Health and
Environment an ambient baseline, post -construction and after first year of operations
report. Additionally, within three (3) months of any written request made by County staff,
the operator shall provide to the Weld County Department of Public Health and
Environment a report describing compliance with the outlined noise standard. These
reports will include, at a minimum, noise averages, exceedances and explanations.
29. 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.
30. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
31. 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.
32. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
33. 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.
34. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
35. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
36. 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.
37. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
38. The Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates.
39. The historical flow patterns and runoff amounts on the site will be maintained.
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40. Weld County is not responsible for the maintenance of on -site drainage related features.
41. 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.
42. 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 have been adopted by Weld County: 2018 International Building Codes, 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.
43. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
44. 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.
45. 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.
46. 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.
47. 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.
48. 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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