HomeMy WebLinkAbout20181314.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0007, FORA GREATER THAN 12 -INCH HIGH PRESSURE NATURAL
GAS PIPELINE (20 -INCH NATURAL GAS PIPELINE) APPROXIMATELY 16 MILES
LONG IN THE A (AGRICULTURAL) ZONE DISTRICT - DISCOVERY DJ SERVICES,
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 2nd day of
May, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Discovery DJ Services, LLC, 7859 Walnut Hill Lane, Suite 335, Dallas, TX
75230, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0007,
for a greater than 12 -inch high pressure natural gas pipeline (20 -inch natural gas pipeline)
approximately 16 miles long in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
The Pipeline will cross Section 4, Township 1 North,
Range 65 West; Sections 2, 3, 10, 15, 22, 27, 28, 33
in Township 2 North, Range 65 West; Sections 25,
35, 36 in Township 3 North, Range 65 West;
Sections 7, 12, 18, 19, 30 in Township 3 North,
Range 64 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 23-2-490.A — All reasonable efforts have been made to avoid
irrigated cropland or to minimize the negative impacts on agricultural uses
and lands.
1) Section 22-5-100.A.1 (OG.Policy 1.1) states: "The County should
encourage cooperation, coordination and communication between
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SPECIAL REVIEW PERMIT (USR18-0007) - DISCOVERY DJ SERVICES, LLC
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the surface owner and the mineral owner/operations with respect to
any developments of either the surface or the mineral estate." The
Milton North Gas Pipeline is surrounded by land uses primarily
associated with the Agriculture Zone. Land uses near the pipeline
include existing oil and gas facilities including other pipelines,
existing agricultural facilities, and a few existing residential
properties which are sparsely distributed and consist mainly of
range homes and large lot single-family homes. Other than County
roads, the pipeline will not travel through, or underneath, any
significant structure. Discovery DJ Services, LLC (Discovery) will
agree to an easement with each property owner that the pipeline
crosses, in order to ensure that the pipeline is compatible with the
land the pipeline crosses. By agreeing to an easement with each
landowner, Discovery is committed to working with all landowners
along the pipeline route to ensure that the pipeline will not adversely
impact any property along the route. The application indicates that
the pipeline will be located to minimize impacts on the operation of
irrigation equipment. All soils removed for installation of the pipeline
will be returned to their original location and will not be moved
off -site. Discovery indicates that they will repair and/or replace any
facilities damaged or removed during the placement of the pipeline.
The preferred pipeline route minimizes environmental impacts such
as wetland areas, water bodies, floodplains and agricultural lands.
The selected route is sited on plowed fields and pivot irrigation
systems.
B. Section 23-2-490.B — The pipeline will not have an undue adverse effect
on existing and future development of the surrounding area, as set forth in
applicable Master Plans. The pipeline is located within the three (3) mile
referral area of the City of Fort Lupton, and Towns of Hudson and
Keenesburg. The City of Fort Lupton returned a referral dated February 22,
2018, indicating no concerns, and the Towns of Hudson and Keenesburg
did not respond.
C. Section 23-2-490.C — The design of the proposed pipeline mitigates
negative impacts on the surrounding area to the greatest extent feasible.
The applicant indicates that many private easements (rights -of -way without
fee ownership) have been negotiated for the pipeline with private land
owners, whereas, any alternative alignments would require new
easements to be negotiated and involve crossings that may result in
greater environmental impacts in certain locations. The preferred pipeline
route minimizes environmental surface impacts.
D. Section 23-2-490.D — The site shall be maintained in such a manner so as
to control soil erosion, dust and the growth of noxious weeds. The
Conditions of Approval and Development Standards will ensure that there
is no fugitive dust or erosion and will ensure the control of noxious weeds.
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Best Management Practices (BMPs) will be required for all construction
areas, including erosion control methods, dust suppression, et cetera.
E. Section 23-2-490.E -- The applicant has agreed to implement any
reasonable measures deemed necessary by the Board of County
Commissioners to ensure that the health, safety and welfare of the
inhabitants of the County will be protected, and to mitigate or minimize any
potential adverse impacts from the proposed pipeline. The applicant has
proposed a number of measures to mitigate impacts from the pipeline
including the boring beneath County roads to avoid damage to the road
surface or disruption to traffic flow; if surface waterbodies will be crossed
by the pipeline either by boring beneath the bed of the waterbody, or by
utilizing an open -cut crossing method. If the open -cut crossing method is
used, BMPs will be installed to protect the waterbody from erosion or
sediment runoff; tracking pads will be utilized where heavy equipment is
required to cross roads to prevent damage to the road surface; topsoil will
be segregated from subsoil during grading activities. All pipelines will be
compliant with the Department of Transportation (DOT) requirements. Per
this standard, pipelines are required to have a minimum of 30 -inches of
cover and in many locations, there will be a minimum of 36 -inches of cover
or greater, if required by local or state agencies. The pipeline trench will be
excavated mechanically; pipe segments will then be strung along the ditch
line and then welded together using welders and weld procedures qualified
under the requirements of the Code of Federal Regulations; each weld will
be examined utilizing industry standard non-destructive examination, or
x-ray, procedures by qualified technicians; the coating on the pipeline will
be inspected for damage and repaired as necessary and then the line(s)
will be lowered into the trench and backfilled. The pipeline(s) will
subsequently be pressure tested using water (hydrostatically tested) to
industry regulations. The transportation of natural gas via pipeline is
generally safer than other potential modes of transport. There is some
small risk of an accident in which the integrity of the pipeline may be
compromised resulting in a release of natural gas or natural gas liquids.
Wet natural gas contains condensed forms of heavier natural gas liquids
and produced water and is considered both flammable and combustible.
Dry natural gas is a clean burning fuel source, also considered both
flammable and combustible. In general, signs of a pipeline leak, include
dead or discolored vegetation that is otherwise green along the pipeline
right-of-way, along with pools of liquid or clouds of vapor or mist not usually
present. Discovery will clearly mark the pipeline centerline with markers
placed at line -of -site intervals and at all road and canal crossings. The
markers will clearly identify the pipeline, and will provide a telephone
number and address where a company representative can be reached in
an emergency or prior to any excavation in the area. In the event of an
emergency, a call to the number on these markers will go to Discovery
operations and control center that is staffed 24 hours/day, seven (7) days/
week by trained operators, qualified in both the day-to-day operation of the
respective pipelines and associated facilities, and in emergency response
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procedures. These operators will also have the ability to monitor the
operation of the pipeline system through a Supervisory Control and Data
Acquisition ("SCADA") system. Through the SCADA system, operators will
be able to see key parameters associated with the operation of the
respective pipelines, including pressure, temperature, and flow rate. In the
event that these parameters, or other critically identified criteria fall outside
of pre -determined normal operating allowances, the SCADA system will
raise warnings of potential operational upsets or pending emergency
conditions, providing the operator with time to make corrections, if possible,
to the system operation in order to clear the warning. In the event that the
specified parameters, or critically identified criteria reach pre -determined
set points within the system operation, the SCADA system will alarm. Upon
notification of an emergency, either through the public emergency call
number, SCADA system, operator inspection and training, or other
originating source, Discovery will have the ability to isolate the respective
pipelines by closing remotely operated valves in the natural gas pipeline,
isolate any potential fuel source and mitigate propagation of the emergency
situation. Depending upon the nature of the emergency, local emergency
responders would be notified, and Discovery would implement their internal
safety response procedures, including dispatching trained personnel to the
site of the emergency.
F. Section 23-2-490.F —All reasonable alternatives to the proposal have been
adequately assessed, and the proposed action is consistent with the best
interests of the people of the County and represents a balanced use of
resources in the affected area. The applicant reviewed alternative pipeline
locations. The preferred route utilizes a pipeline right-of-way corridor
negotiated through agreements with private property owners. The applicant
has not proposed alternatives for this pipeline as the alignment and
rights -of -way were negotiated and acquired with willing property owners.
G. Section 23-2-490.G — The nature and location or expansion of the pipeline
will not unreasonably interfere with any significant wildlife habitat and will
not unreasonably affect any endangered wildlife species, unique natural
resource, known historic landmark or archaeological site within the affected
area. A Desktop Environmental Review and Cultural Review was prepared
by SWCA Environmental Consultants dated September 2017, for the West
Milton Pipeline project route for a specific site assessment of the biological,
aquatic and cultural resources adjacent to the proposed pipeline route. The
purpose of this review was to identify any significant natural or cultural
resource constraints or risks associated with the development of the
pipelines. Colorado Parks and Wildlife returned a referral dated January 6,
2018, indicating no conflict with their interests and History Colorado did not
return a referral response.
H. Section 23-2-490.H — No adverse impact, from stormwater runoff, to the
public rights -of -way and/or surrounding properties as a result of the
pipeline. The applicant will be required to maintain historic flow patterns
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and runoff amounts, per the Department of Planning Services engineering
review which stated a drainage plan will be not be required for this project.
Section 1.A.5 of the drainage criteria provides an exception for pipelines
and transmission lines. Discovery acknowledges in their application that
the historical flow patterns and runoff amounts will be maintained on the
site or in such a manner that it will reasonably preserve the natural
character of the area and prevent property damage of the type generally
attributed to runoff rate and velocity increases, diversions, concentration
and/or unplanned ponding of storm runoff. The Design Standards (Section
23-2-240, Weld County Code), Operation Standards (Section 23-2-250,
Weld County Code), Conditions of Approval and Development Standards
can ensure that there are adequate provisions for 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 Discovery DJ Services, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0007, for a greater than 12 -inch
high pressure natural gas pipeline (20 -inch natural gas pipeline) approximately 16 miles long in
the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the map:
A. A copy of the signed and recorded (construction and post -construction)
lease agreements (or other acceptable authorization from property owner)
for pipeline right-of-way (easements) shall be submitted to the Department
of Planning Services.
B. An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location during the construction of the pipeline. Road
maintenance may include dust control, tracking control, damage repair
attributable to construction of the pipeline and located within one-half mile
of any construction access point for the project. The agreement shall
ensure the pipeline operator bears the risks of defects related to the
pipeline on County Highway 49.
C. The applicant shall attempt to address the requirements of the Farmers
Reservoir and Irrigation Company (FRICO) requirements, as stated in their
referral dated February 27, 2018. A copy of the signed pipeline crossing
agreement/easement or a letter indicating no agreement is necessary shall
be submitted to the Department of Planning Services.
D. A Flood Hazard Development Permit (FHDP) is required to be submitted
and approved for any development in the floodplain.
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E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0007.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-520 of
the Weld County Code.
4) The final location of the permanent gas pipeline easement with
dimension of permanent easement, property ownership, parcel
number, and all easements of record.
5) The County Highway is designated on the Weld County Functional
Classification Map as an arterial road, which typically requires
140 feet of right-of-way at full buildout. Weld County is currently in
the process of widening this corridor. The alignment of the road
widening project varies along the section line for the corridor.
Contact Public Works for the location of the existing and future
right-of-way and easements and delineate these on the site plan.
6) County Road 34 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the future and existing right-of-way. All
setbacks shall be measured from the edge of future right-of-way.
This road is maintained by Weld County.
7) County Road 32 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the existing right-of-way. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
8) County Road 30 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. All setbacks shall be measured from
the edge of the right-of-way.
9) County Road 28 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. All setbacks shall be measured from
the edge of the right-of-way.
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10) County Road 47 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. All setbacks shall be measured from
the edge of the right-of-way.
11) County Road 26 Section Line is shown to have 60 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. All setbacks shall be measured from
the edge of the right-of-way.
12) County Road 24 Section Line is shown to have 60 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. All setbacks shall be measured from
the edge of the right-of-way.
13) County Road 45 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. All setbacks shall be measured from
the edge of the right-of-way.
14) County Road 43 Section Line is shown to have 60 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. All setbacks shall be measured from
the edge of the right-of-way.
15) County Road 22 is a paved road and is designated on the Weld
County Functional Classification Map as an arterial road, which
requires 140 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the future and existing right-of-way. All
setbacks shall be measured from the edge of the future
right-of-way. This road is maintained by Weld County.
16) County Road 20 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. All setbacks shall be measured from
the edge of the right-of-way.
17) County Road 18 Section Line is shown to have 60 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. All setbacks shall be measured from
the edge of the right-of-way.
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18) County Road 16 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. All setbacks shall be measured from
the edge of the right-of-way.
19) County Road 14 Section Line is shown to have 60 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. All setbacks shall be measured from
the edge of the right-of-way.
20) Show and label the approved access locations on the site plan. The
applicant must obtain an access permit in the approved location(s)
prior to construction.
21) Show and label the section line Right -of -Way as "CR 30 Section
Line Right -of -Way, not County maintained."
22) Show and label the section line Right -of -Way as "CR 28 Section
Line Right -of -Way, not County maintained."
23) Show and label the section line Right -of -Way as "CR 47 Section
Line Right -of -Way, not County maintained."
24) Show and label the section line Right -of -Way as "CR 26 Section
Line Right -of -Way, not County maintained."
25) Show and label the section line Right -of -Way as "CR 24 Section
Line Right -of -Way, not County maintained."
26) Show and label the section line Right -of -Way as "CR 45 Section
Line Right -of -Way, not County maintained."
27) Show and label the section line Right -of -Way as "CR 43 Section
Line Right -of -Way, not County maintained."
28) Show and label the section line Right -of -Way as "CR 20 Section
Line Right -of -Way, not County maintained."
29) Show and label the section line Right -of -Way as "CR 18 Section
Line Right -of -Way, not County maintained."
30) Show and label the section line Right -of -Way as "CR 16 Section
Line Right -of -Way, not County maintained."
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31) Show and label the section line Right -of -Way as "CR 14 Section
Line Right -of -Way, not County maintained."
32) Show and label all recorded easements on the map by book and
page number or reception number and date on the plan.
33) Show the floodplain and floodway (if applicable) boundaries on the
map. Label the floodplain boundaries with the FEMA Flood Zone
and FEMA Map Panel Number or appropriate study.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy or one (1) electronic copy (.pdf) of the map for preliminary approval
to the Weld County Department of Planning Services. Upon approval of the map,
the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval. The Mylar map shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The
map shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar map and additional requirements shall be
submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying
the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall 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.
5. Prior to Construction:
A. If the applicant will be disturbing more than an acre for non -pipeline items,
a Weld County Grading Permit is required prior to construction.
B. The approved access and tracking control shall be constructed prior to
construction of the pipeline.
C. The applicant shall submit evidence of a right-of-way permit for any work
that may be required in the right-of-way and/or a Special Transport Permit
for any oversized or overweight vehicles that may access the site.
6. Prior to Operation:
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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 signed
evidence of acceptance to the Department of Planning Services.
7. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review map
is ready to be recorded in the office of the Weld County Clerk and Recorder or the
applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of May, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: die,L) dfQ;(A EXCUSED
Steve oreno, C
Weld County Clerk to the Board
Barbara Kirkmey-_r, Pro-Tem
BY:
Deputy Clerk to the Bo
Sean P. Conway
y
APP :=v'DAS TO
A": -Cozad
ounty A •rney
Date of signature: 66-f-/2
Mice Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DISCOVERY DJ SERVICES, LLC
USR18-0007
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0007, is
for a greater than 12 -inch high pressure natural gas pipeline (20 -inch natural gas pipeline)
approximately 16 miles long 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 operator shall provide written evidence of an approved Emergency Action and Safety
Plan on, or before, March 15th of any given year, signed by representatives for the Fire
District and the Weld County Office of Emergency Management to the Department of
Planning Services.
4. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
5. During construction of the pipeline, the operator will mitigate any impacts to the public
road, including damages and/or off -site tracking.
6. There shall be no parking or staging of vehicles on public roads during construction.
On -site parking shall be utilized.
7. Any work that may occupy and or encroach upon any County rights -of -way or easement
shall acquire an approved Right -of -Way Use Permit prior to commencement.
8. Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
9. The historical flow patterns and runoff amounts on the site will be maintained.
10. Weld County is not responsible for the maintenance of on -site drainage related features.
11. Any oil and gas pipeline crossing an arterial road shall be bored a minimum of twenty (20)
feet below arterial roads, fifteen (15) feet below collector and paved local roads, and ten
(10) feet below gravel local roads. This depth shall be measured below the lowest
roadside ditch flowing elevation, for the full width of the future right-of-way.
12. With the exception of perpendicular crossings, oil and gas pipelines are not to be located
within Weld County right-of-way.
13. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2017 National Electrical Code. A Building Permit
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DEVELOPMENT STANDARDS (USR18-0007) - DISCOVERY DJ SERVICES, LLC
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Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be
required or an Open Hole Inspection.
14. Any damage incurred to the public road right-of-way related to the pipeline will be the
responsibility of the operator. Any debris created as a result of the pipeline construction
shall be removed by the operator.
15. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination, during construction.
16. Waste materials generated during construction shall be handled, stored, and disposed of
in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and
other potential nuisance conditions. Any permanent disposal of waste shall not be
permitted. The facility shall operate in accordance with Chapter 14, Article I, of the Weld
County Code.
17. Fugitive dust and fugitive particulate emissions shall be controlled along the construction
route. Uses on the property should comply with the Colorado Air Quality Commission's Air
Quality Regulations.
18. Adequate toilet facilities and handwashing units shall be provided during construction of
the project. Portable toilets are acceptable. Portable toilets shall be serviced by a cleaner
licensed in Weld County and shall contain hand sanitizers.
19. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
20. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
21. During construction, 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.
22. 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 -1975E, effective date January 20,
2016 (Box Elder 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.
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DEVELOPMENT STANDARDS (USR18-0007) - DISCOVERY DJ SERVICES, LLC
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23. 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.
24. 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.
25. 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.
26. 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.
2018-1314
PL2547
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