HomeMy WebLinkAbout20191748.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0012, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
INCLUDING OIL AND GAS SUPPORT AND SERVICE FACILITY (EIGHT (8) GAS
COMPRESSORS AND RELATED EQUIPMENT) AND UP TO TEN (10)
CONSTRUCTION OFFICE TRAILERS AND TEN (10) CONEX CONTAINERS FOR USE
DURING THE CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL) ZONE
DISTRICT - MICHAEL BOULTER FARMS, LLC, C/O ROCKY MOUNTAIN
MIDSTREAM, 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 Michael Boulter Farms, LLC, 22019 CR 54, Greeley, Colorado 80634, do Rocky
Mountain Midstream, LLC, 1 Williams Center, Tulsa, Oklahoma 74172, for a Site Specific
Development Plan and Use by Special Review Permit, USR19-0012, for Mineral Resource
Development Facilities including Oil and Gas Support and Service Facility (eight (8) gas
compressors and related equipment) and up to ten (10) construction office trailers and ten (10)
conex containers for use during the construction of the facility in the A (Agricultural) Zone District,
on the following described real estate, being more particularly described as follows:
Subdivision Exemption, SUBX19-0002; being part of
the S1/2 NE1/4 of Section 27, Township 5 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Matt Norton, Rocky
Mountain Midstream, LLC, 3601 Stagecoach Road, Longmont, Colorado 80504, 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 PL(.mn(-TP), Pw(SP(TJ),EA-1({5F),
c ( C..), Q+PPL REP
OCo(DO(19
2019-1748
PL2665
SPECIAL REVIEW PERMIT (USR19-0012) - MICHAEL BOULTER FARMS, LLC, CIO ROCKY
MOUNTAIN MIDTREAM, LLC
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 land that Rocky Mountain
Midstream, LLC, is proposing to convert to industrial use is located
in a rural area with significant oil and gas activity already occurring
on adjacent properties.
2) Section 22-2-20.G.3 (A.Policy 7.3) states: "Conversion of
agricultural land to urban residential, commercial and industrial
uses should be considered when the subject site is located inside
an Intergovernmental Agreement area, Urban Growth Boundary
area, Regional Urbanization Area or Urban Development Nodes, or
where adequate services are currently available or reasonably
obtainable. A municipality's adopted comprehensive plan should be
considered but should not determine the appropriateness of such
conversion." The proposed site is located in the City of Evans' and
Town of Kersey's Coordinated Planning Agreements (CPA). Both
municipalities were sent referrals regarding the proposed Use and
neither municipality had any concerns.
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 will house eight (8)
compressors, which will be enclosed to suppress noise. The
compressors will also utilize horizontal coolers that will direct the
noise vertically instead of horizontally. These measures help
mitigate the noise of the site and keep the rural nature of the area.
4) Section 22-2-20.1.3 (A.Policy 9.3) states: "Consider mitigation
techniques to address incompatibility issues. Encourage
techniques and incentives, such as but not limited to clustered
development and building envelopes, to minimize impacts on
surrounding agricultural land." The proposed facility is located on
land being converted to an industrial use which is currently "Prime
(Irrigated) Farmlands of National Importance," per the 1979 map. A
Subdivision Exemption for Oil and Gas Support Service Facility is
in conjunction with the Use by Special Review permit to ensure that
only a minimal amount of "Prime (Irrigated) Farmland" is affected
by this use. Additionally, upon termination of the leasehold
arrangement, the lot and access shall cease to exist. This will help
retain the natural state of the land prior to the oil and gas site.
5) Section 22-5-100.A (OG.Goal 1) states: "Promote the reasonable
and orderly exploration and development of oil and gas mineral
resources." The proposed Latham Compressor Station site is
2019-1748
PL2665
SPECIAL REVIEW PERMIT (USR19-0012) - MICHAEL BOULTER FARMS, LLC, CIO ROCKY
MOUNTAIN MIDTREAM, LLC
PAGE 3
located in a sparsely populated area of the County where there is
already a significant amount of oil and gas development. The site
will utilize piping to bring gas to the facility, thereby limiting truck
traffic on area roads. While construction of the site will generate
some impacts because of the extra activity and trips to the site,
once the facility is constructed, the site and the impacts on the
surrounding land will be minimal. Oil and gas development in the
County is an integral part of the County economy and has a
substantial direct and indirect impact on current and future land use.
Oil and gas development is cyclical, but the economics of energy
suggests sustained levels of exploration and extraction in the
County for the next twenty (20) years. The proposed Latham
Compressor Station site is located 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.
B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A.2 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
Gas Processing facilities, related equipment and structures in the
A (Agricultural) Zone District. 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.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The uses surrounding this parcel
are primarily rural residential and open farmland with numerous oil and gas
facilities, well heads, and tank batteries. There are currently wells
producing or being drilled within one (1) mile of the lease parcel. Lands to
the north include a producing oil and gas site, rural residences, and open
farm land. Lands to the east include a current oil and gas drilling site, rural
residences, and open farm land. Lands to the south include an oil and gas
service yard, permitted by 2MUSR18-84-602, rural residences, and open
2019-1748
PL2665
SPECIAL REVIEW PERMIT (USR19-0012) - MICHAEL BOULTER FARMS, LLC, 0/O ROCKY
MOUNTAIN MIDTREAM, LLC
PAGE 4
farm land. Lands to the west include an oil and gas drilling site, rural
residences, and open farm land. The Weld County Department of Planning
Services sent notice to thirteen (13) surrounding property owners within
five hundred (500) feet. No responses were received back from
surrounding property owners regarding the proposed application.
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 a three (3) mile referral area of the
Cities of Greeley and Evans and the Towns of Kersey and La Salle. All
four (4) municipalities indicated they had no concerns. The site is located
within the City of Evans' and Town of Kersey's Coordinated Planning
Agreement Areas (IGA). As part of the pre -application process, Evans and
Kersey submitted a signed Notice of Inquiry (NOI) form that stated they are
not interested in annexation at this time.
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 located within
the Airport Overlay District which indicated no concerns in the referral
response dated January 20, 2019. The property is not within the Flood
Hazard Overlay District area, Geologic Hazard area or MS4 area. 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 ten (10) acres of
"Prime (Irrigated) Farmland," per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. This proposed facility will be
located on a single leasehold parcel secured through a Subdivision
Exemption for oil and gas support and service. Minimal agricultural land will
be impacted. The land will revert to open, agricultural land following the
decommission of the facility.
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.
2019-1748
PL2665
SPECIAL REVIEW PERMIT (USR19-0012) - MICHAEL BOULTER FARMS, LLC, CIO ROCKY
MOUNTAIN MIDTREAM, LLC
PAGE 5
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Michael Boulter Farms, LLC, c/o Rocky Mountain
Midstream, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR19-0012, for Mineral Resource Development Facilities including Oil and Gas Support and
Service Facility (eight (8) gas compressors and related equipment) and up to ten (10) construction
office trailers and ten (10) conex containers for use during the 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. During construction, 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 submit a recorded copy of any agreement signed by all
the owners of the property crossed by the access. The access shall be for
ingress, egress, utilities, and shall be referenced on the USR map by the
Weld County Clerk and Recorder's Reception number.
D. The applicant shall submit a Landscaping/Screening Plan that screens the
site from the surrounding property owners and rights -of -way for review and
approval by the Department of Planning Services. The facility shall be
screened by a solid opaque fence, a combination of a fence and
landscaping. If landscaping is proposed, an irrigation and landscaping
maintenance plan shall be provided.
E. The applicant shall provide an updated Noise Abatement Plan. The Noise
Abatement Plan shall include noise modeling for the facility in its buildout
condition.
F. The SUBX19-0002 plat shall be submitted to the Department of Planning
Services for recording.
G. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0012.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
2019-1748
PL2665
SPECIAL REVIEW PERMIT (USR19-0012) - MICHAEL BOULTER FARMS, LLC, 0/O ROCKY
MOUNTAIN MIDTREAM, LLC
PAGE 6
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 approved 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) County Road 45 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) 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.
10) The applicant shall show and label the approved tracking control on
the site plan.
11) 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.
12) The applicant shall show and label a 30 -foot minimum access and
utility easement to provide legal access to the parcel on the site
plan.
13) 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.
14) The applicant shall show and label the drainage flow arrows.
2019-1748
PL2665
SPECIAL REVIEW PERMIT (USR19-0012) - MICHAEL BOULTER FARMS, LLC, CIO ROCKY
MOUNTAIN MIDTREAM, LLC
PAGE 7
15) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) paper copy, or one (1) electronic copy (.pdf), of the plat for preliminary
approval to the Weld County Department of Planning Services. Upon approval of
the plat the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval. The Mylar plat 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 plat 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. 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.
5. 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.
6. 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.
2019-1748
PL2665
SPECIAL REVIEW PERMIT (USR19-0012) - MICHAEL BOULTER FARMS, LLC, CIO ROCKY
MOUNTAIN MIDTREAM, LLC
PAGE 8
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
WELD COUNTY, COLORADO
ATTEST: dia4.4.),eA
Weld County Clerk to the Board
BY:
Deputy Cle
rV `-• K_
o the Board
APP:: ! . AS T
unty orney
Date of signature: (Q/11 / lq
Barbara Kirkmeykr, Chair
Mike Freeman, Pr 5Tem
6:
onway
Steve Moreno
2019-1748
PL2665
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MICHAEL BOULTER FARMS, LLC,
C/O ROCKY MOUNTAIN MIDSTREAM, LLC
USR19-0012
1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0012, is
for Mineral Resource Development Facilities including Oil and Gas Support and Service
Facility (eight (8) gas compressors and related equipment) and up to ten (10) construction
office trailers and ten (10) conex containers for use during the construction of the facility
in the A (Agricultural) Zone District, and 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 facility will operate 24 hours per day, 365 days per year.
4. Compressors may be powered by natural gas engines or electric motors.
5. This is an unmanned facility.
6. The applicant or operator shall comply with the approved Decommissioning Plan.
7. The applicant or operator shall comply with the approved Noise Mitigation 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, including the Dark
Sky Policy.
10. The parking area on the site shall be maintained.
11. 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.
12. The landscape and screening on the site shall be maintained in accordance with the
approved Landscape/Screening Plan.
13. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used which may be confused with, or construed as,
traffic control devices.
14. Collocation of other antenna by other service providers shall be permitted on the tower.
2019-1748
PL2665
DEVELOPMENT STANDARDS (USR19-0012) - MICHAEL BOULTER FARMS, LLC, C/O
ROCKY MOUNTAIN MIDSTREAM, LLC
PAGE 2
15. Upon termination of the use of the communication antenna tower, the equipment shelter,
antenna structure, and any associated equipment shall be removed and the premises
restored to its original condition according to the Decommissioning Plan.
16. 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.
17. This site is located within the Airport Overlay District.
18. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
19. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
20. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions. The facility shall
operate in accordance with Chapter 14, Article I, of the Weld County Code.
21. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
22. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain a permit from the Air Pollution Control Division of the
Colorado Department of Public Health and Environment, as applicable.
23. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. As employees or contractors are 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.
24. All potentially hazardous chemicals 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.
25. 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
2019-1748
PL2665
DEVELOPMENT STANDARDS (USR19-0012) - MICHAEL BOULTER FARMS, LLC, C/O
ROCKY MOUNTAIN MIDSTREAM, LLC
PAGE 3
good condition. All secondary containment will comply with the Colorado Oil and Gas
Conservation Commission (COGCC) Rule 604 and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
26. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
27. 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.
28. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in C.R.S. §25-12-103.
29. 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, if applicable.
30. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available on site or as applicable.
31. The facility shall notify the County of any revocation and/or suspension of any state -issued
permit.
32. 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.
33. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
34. 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.
35. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
36. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
37. 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.
38. During any construction period, the property owner or operator shall comply with all
requirements provided in the executed Road Maintenance Agreement.
39. The historical flow patterns and runoff amounts on the site will be maintained.
2019-1748
PL2665
DEVELOPMENT STANDARDS (USR19-0012) - MICHAEL BOULTER FARMS, LLC, C/O
ROCKY MOUNTAIN MIDSTREAM, LLC
PAGE 4
40. Weld County is not responsible for the maintenance of on -site drainage related features.
41. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the 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
locations are widespread throughout the County and persons moving into these areas
must recognize the various impacts associated with this development. Often imes, 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.
2019-1748
PL2665
Hello