HomeMy WebLinkAbout20183892.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0090, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
INCLUDING OIL AND GAS SUPPORT AND SERVICE (16 GAS COMPRESSORS AND
RELATED EQUIPMENT) A PERMANENT LAYDOWN AND STORAGE YARD, AND UP
TO FIVE (5) CONSTRUCTION OFFICE TRAILERS AND FIVE (5) CONEX
CONTAINERS FOR USE DURING THE CONSTRUCTION OF THE FACILITY IN THE
A (AGRICULTURAL)ZONE DISTRICT-COALBANK INVESTMENT PARTNERS, LLC,
C/O RIMROCK ENERGY PARTNERS, 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 12th day of
December, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Coalbank Investment Partners, LLC, do RimRock Energy Partners,
LLC, 5956 Sherry Lane, Suite 825, Dallas, Texas 75225, for a Site Specific Development Plan
and Use by Special Review Permit, USR18-0090, for Mineral Resource Development Facilities
including Oil and Gas Support and Service (16 gas compressors and related equipment) a
permanent laydown and storage yard, and up to five (5) construction office trailers and five (5)
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:
Lot D of Recorded Exemption, RECX17-0012; being
part of the NW1/4 of Section 8, Township 7 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Anne Best Johnson, Tetra
Tech, 1560 Broadway, Suite 1400, Denver, Colorado 80202, 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.
cc- PLC ccoi`T'P),PwCmm),el-IC BF).ccac PH r etc-), 2018-3892
Q-PPL/GLPPL RE-P PL2612
O(/ ( 7119
SPECIAL REVIEW PERMIT (USR18-0090)-COALBANK INVESTMENT PARTNERS, LLC, 0/O
RIMROCK ENERGY PARTNERS, LLC
PAGE 2
1) Section 22-2-20.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a land
use change." The applicant acquired the property currently in
dryland agriculture for the purpose of constructing a gas
compressor station. The proposed facility is located in close
proximity to existing infrastructure.
2) 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 Coalbank Investment
Partners, LLC, is proposing to convert to industrial use is
non-irrigated land that is located in a rural area where there is a
significant amount of oil and gas activity already occurring on
adjacent properties. There are pipelines and associated
improvements proposed for this facility and are also in close
proximity, specifically located near the intersection of
County Roads 27 and 84.
3) Section 22-2-20.H (A.Goal 8) states: "Ensure that adequate
services and facilities are currently available or reasonably
obtainable to accommodate the requested new land use change for
more intensive development." The proposed facility will be
unmanned, with bottled water and port-a-lets utilized during
construction and removed post construction. Access to the facility
is via an approved access point from County Road 27.
4) 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 proposed facility is
located on land being converted to an industrial use, is currently
non-irrigated agricultural land, more than 1,500 feet from any
residence, on a site that slopes away from the existing residential
property.
5) 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 site is located within the three (3)-mile referral area
of the Towns of Severance, Pierce, and Ault. The applicant has met
with the communities to discuss this project prior to submitting this
application. Local and State referral agencies were contacted for
their comments concerning this proposed facility and as
appropriate, their comments have been included as a Condition of
2018-3892
PL26112
SPECIAL REVIEW PERMIT (USR18-0090)-COALBANK INVESTMENT PARTNERS, LLC, CIO
RIMROCK ENERGY PARTNERS, LLC
PAGE 3
Approval or a Development Standard. Staff received one (1) letter
and no telephone calls have been received concerning this
application.
6) Section 22-5-100.A.2 (OG.Policy 1.2) states: "Oil and gas support
facilities which do not rely on geology for locations should locate in
commercial and industrial areas, when possible, and should be
subject to review in accordance with the appropriate sections of this
Code."The proposed Severance Compressor Station site is 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.
7) Section 22-5-100.B.6 (OG.Policy 2.6) states: "Promote the safety of
all citizens and structures that are in relatively close proximity to oil
and gas facilities." The applicant will be required to create and
obtain approval from the Ault-Pierce Fire Protection District and
Weld County Office of Emergency Management of an Emergency
Action Plan for the facility. The applicant indicates they have been
in contact the Fire District to inform them about the project and
coordinate with them on an emergency action plan. An Emergency
Information Sheet will be distributed to the District every year with
updated information.
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 of the Weld County
Code 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.
2018-3892
PL26112
SPECIAL REVIEW PERMIT (USR18-0090)-COALBANK INVESTMENT PARTNERS, LLC, C/O
RIMROCK ENERGY PARTNERS, LLC
PAGE 4
C. Section 23-2-230.B.3 --The uses which will be permitted will be compatible
with the existing surrounding land uses. The property is generally flat with
a slight slope to the south and east. This land is a Recorded Exemption
parcel created for this facility. Adjacent lands to the north include a
700-head dairy (SUP-403), rural residential properties with outbuildings
and vacant parcels of land for future development created by Recorded
Exemption; lands to the east have one (1) rural residence and agricultural
lands, to the south are several rural residences and a 5,000 head cattle
and sheep confined animal operation (AmSUP-205), lands to the west are
vacant and in agricultural production. On all surrounding lands are
numerous oil and gas facilities, well heads, and tank batteries present to
the west and south of this property. There are seventeen (17) property
owners within five hundred (500) feet of this proposed facility, with the
nearest residence being to the northwest of the property line approximately
1,500 feet from the compressor site with three (3) other residences located
between 1,700-2,000 feet from the Compressor station facility. Staff
received one (1) letter from an interested neighbor and no telephone calls
or electronic mail from surrounding property owners or interested parties.
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 Town of Ault in their referral dated September 6, 2018,
stated they had reviewed the request and find no conflicts with their
interests. The Town of Severance and the Town of Pierce did not provide
a referral response.
E. Section 23-2-230.B.5 -- The application complies with Chapter, Article V,
of the Weld County Code. The existing site is located within the Flood
Hazard Overlay District area. The property is not within the Geologic
Hazard, or Airport Overlay District. Building Permits issued on the lots 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. This proposed facility is located on a 15-acre compressor site. The
proposed facility is sited on lands that are designated as "Prime if they
become Irrigated"on the Important Farmlands of Weld County map dated
1979. There is no irrigation water associated with the use or the property,
therefore, no "Prime" land has been taken out of production.
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
2018-3892
PL26112
SPECIAL REVIEW PERMIT (USR18-0090)-COALBANK INVESTMENT PARTNERS, LLC, CIO
RIMROCK ENERGY PARTNERS, LLC
PAGE 5
Code), Conditions of Approval and Development Standards 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 Coalbank Investment Partners, LLC, do RimRock
Energy Partners, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0090, for Mineral Resource Development Facilities including Oil and Gas Support and
Service (16 gas compressors and related equipment) a permanent laydown and storage yard,
and up to five (5) construction office trailers and five (5) 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 USR map:
A. A Road Maintenance Agreement is required during construction 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 develop a Lighting Plan for review and acceptance, in
accordance with the Weld County Code and incorporate the Dark Sky
Policy.
D. The applicant shall develop a Landscaping/Screening Plan for review and
acceptance, in accordance with the Weld County Code.
E. The USR map shall be amended to delineate the following:
1) All sheets of the USR map shall be labeled USR18-0090.
2) The attached Development Standards.
3) The USR map shall be prepared in accordance with
Section 23-2-260.D of the Weld County Code.
4) County Road 27 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 the existing 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.
2018-3892
PL26112
SPECIAL REVIEW PERMIT (USR18-0090)-COALBANK INVESTMENT PARTNERS, LLC, CIO
RIMROCK ENERGY PARTNERS, LLC
PAGE 6
5) County Road 84 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 the existing 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.
6) 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(s) prior to construction.
7) The applicant shall show and label the approved tracking control on
the site plan.
8) 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.
9) 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.
10) The applicant shall show and label the accepted drainage features
and drainage flow arrows. Stormwater ponds should be labeled as
"Storm water Detention, No-Build or Storage Area"and shall include
the calculated volume.
11) The applicant shall show the location and dimension of the facility
sign. 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 lighting shall be shown on the map in accordance with
Section 23-3-250.B.6 of the Weld County Code.
13) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the map. The applicant shall label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel
Number or appropriate study.
2. Prior to Construction
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
2018-3892
PL26112
SPECIAL REVIEW PERMIT (USR18-0090)-COALBANK INVESTMENT PARTNERS, LLC, C/O
RIMROCK ENERGY PARTNERS, LLC
PAGE 7
B. A Flood Hazard Development Permit (FHDP) is required to be submitted
and approved for any development in the floodplain, including the access
road.
3. 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.
4. Upon completion of Condition of Approval #1, above, the applicant shall submit a
Mylar USR map along with all other documentation required as Conditions of
Approval. The Mylar USR map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The USR map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the
Weld County Code. The Mylar USR 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.
5. 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.
6. 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.
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(USR)
map is ready to be recorded in the office of the Weld County Clerk and Recorder.
2018-3892
PL26112
SPECIAL REVIEW PERMIT (USR18-0090)-COALBANK INVESTMENT PARTNERS, LLC, C/O
RIMROCK ENERGY PARTNERS, LLC
PAGE 8
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of December, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d?xi G ..l�ro;e4. .J� � '
Stev Moreno, Chair
Weld County Clerk to the Board
arbara Kirkme r, ro-Tem
BY: ��.. `
Deputy CI k to the Board l;. 1 ' •
' ' �dean P. Conway -----)
OV AS TO"F*- , ,t �kw0 etr1""'
1j lie A. Cozad
- - i
County Attorney . J `\ ECUSED
Mike Freeman
Date of signature: 1/7/I q
2018-3892
PL26112
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
COALBANK INVESTMENT PARTNERS, LLC,
C/O RIMROCK ENERGY PARTNERS, LLC
USR18-0090
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0090, is
for Mineral Resource Development Facilities including Oil and Gas Support and Service
(16 gas compressors and related equipment) a permanent laydown and storage yard, and
up to five (5) construction office trailers and five (5) 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. This is an unmanned facility.
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 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.
7. The visual mitigation and screening on the site shall be maintained in accordance with the
approved Landscape/Screening Plan.
8. The site shall be maintained in accordance with the approved Lighting Plan and with the
Dark Sky Policy.
9. 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.
10. During the construction period, the access on the site shall be maintained to mitigate any
impacts to the public road, including damages and/or off-site tracking.
11. 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.
12. The historical flow patterns and runoff amounts on the site will be maintained.
13. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
14. Weld County is not responsible for the maintenance of on-site drainage related features.
2018-3892
PL2612
DEVELOPMENT STANDARDS (USR18-0090) - COALBANK INVESTMENT PARTNERS, LLC,
C/O RIMROCK ENERGY PARTNERS, LLC
PAGE 2
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.
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.
21. 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.
22. Secondary containment shall be constructed around tanks to provide containment for the
largest single tank and sufficient freeboard to contain precipitation. Secondary
containment shall be sufficiently impervious to contain any spilled or released material.
Secondary containment devices shall be inspected at regular intervals and maintained in
good condition. All secondary containment will comply with the Colorado Oil and Gas
Conservation Commission (COGCC) Rule 604 and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
23. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
24. 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.
2018-3892
PL26112
DEVELOPMENT STANDARDS (USR18-0090) - COALBANK INVESTMENT PARTNERS, LLC,
C/O RIMROCK ENERGY PARTNERS, LLC
PAGE 3
25. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone as delineated in C.R.S. §25-12-103.
26. 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, if applicable.
27. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available onsite or as applicable.
28. The facility shall notify the County of any revocation and/or suspension of any State-issued
permit.
29. 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.
30. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
31. 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.
32. 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#08123C-1225E, effective date January 20,
2016 (Coalbank Creek Floodplain). 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 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.
33. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner or operator should contact Weld County to
determine if the floodplain boundaries have been modified.
34. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County-wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee
Programs.
2018-3892
PL26112
DEVELOPMENT STANDARDS (USR18-0090) - COALBANK INVESTMENT PARTNERS, LLC,
C/O RIMROCK ENERGY PARTNERS, LLC
PAGE 4
35. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
36. 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 carriead out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
37. 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.
38. 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.
39. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34, of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
40. 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.
2018-3892
PL26112
Hello