HomeMy WebLinkAbout20180579.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0065, FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY
(CRYOGENIC GAS PROCESSING PLANT) IN THE A (AGRICULTURAL) ZONE
DISTRICT - RICHARD AND HEIDI ROBERTSON, C/O CURETON FRONT RANGE,
LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 28th day of
February, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Richard and Heidi Robertson, 8537 CR 51, Keenesburg, CO 80643,
do Cureton Front Range, LLC, 518 17th St., Suite 650, Denver, CO 80202, for a Site Specific
Development Plan and Use by Special Review Permit, USR17-0065, for an Oil and Gas Support
and Service Facility (cryogenic gas processing plant) in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Lot B of Recorded Exemption, 1AMRECX18-
04-3799; located in part of the NE1/4 of Section 19,
Township 2 North, Range 64 West of the 6th PM,
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 unfavorable
recommendation of the Weld County Planning Commission and all of the exhibits and evidence
presented in this matter and, having been fully informed, finds that this request shall be approved
for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial and industrial
uses should be accommodated when the subject site is in an area
that can support such development, and should attempt to be
compatible with the region." The proposed facility will cover
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approximately 33.5 acres of the 145.88 -acre property. The
applicant has been in discussions with local farmers in regard to
farming the remainder (or portions of the remainder of the property)
not occupied by the proposed gas plant. A number of Conditions of
Approval and Development Standards have been attached
(landscape/screening plan, maximum noise standards, lighting
plan, noise abatement plan, communications plan, emergency
action and safety plan) to address impacts associated with this
proposed use.
2) 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."
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." A.Policy 9.1 states: "Employ
consistency and fairness in the application of the principles of this
Comprehensive Plan to help reduce conflicts between the
residents, the County, the municipalities and the varying land uses."
A. Policy 9.5 states: "Applications for a 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."A number
of Conditions of Approval and Development Standards have been
attached (landscape/screening plan, maximum noise standards,
lighting plan, noise abatement plan, communications plan,
emergency action and safety plan) to address impacts associated
with this proposed use.
4) Section 22-2-100.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 facility location is based on proximity to existing oil and
gas pipelines and infrastructure. The proposed Conditions of
Approval and Development Standards (including a
landscape/screening plan, maximum noise standards, lighting plan,
noise abatement plan, communications plan, emergency action and
safety plan) will assist in mitigating the impacts of the facility on the
adjacent properties and ensure compatibility with surrounding land
uses and the region.
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B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A.2 provides for a Site
Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development facilities including Oil and Gas Support and
Service (cryogenic gas processing plant) in the A (Agricultural) Zone
District. Section 23-3-10 — Intent states: "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 facility location is based
on proximity to existing oil and gas pipelines and infrastructure. The
proposed Conditions of Approval and Development Standards (including a
landscape/screening plan, maximum noise standards, lighting plan, noise
abatement plan, communications plan, emergency action and safety plan)
will assist in mitigating the impacts of the facility on the adjacent properties
and ensure compatibility with surrounding land uses and the region. The
applicant is committed to the continued agricultural use of a portion of the
land and utilizing the 97 -acre feet of water rights of the Henrylyn Irrigation
Ditch for irrigation of farmland and an additional four -acre feet of water
rights for landscape maintenance.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed facility site is located
approximately 700 feet from the nearest residence to the north and
approximately 3,300 feet east of three (3) residences located on rural
properties. The nearest residence to the southwest (not under common
ownership) is located approximately 1,600 feet from the site. The
Department of Planning Services has received two letters and one e-mail
outlining concerns/objections regarding this case. These include, but are
not limited to: County Road 51 concerns (including dust and road damage),
the visibility of the flare and towers associated with the facility, noise,
lighting (including during construction and during ongoing operations),
adding to existing impacts caused by existing businesses in the area,
impacts to property values, potential for ground contamination, potential for
groundwater contamination, potential for air contamination/pollution,
ground vibration impacts, impacts on wildlife, and weed control. A number
of Conditions of Approval and Development Standards have been attached
(landscape/screening plan, maximum noise standards, lighting plan, noise
abatement plan, communications plan, emergency action and safety plan)
to address impacts associated with this proposed use. Development
Standards also address the proper disposal of waste materials associated
with the proposed gas plant and require compliance with air emission
standards. Additionally, the applicant has been having ongoing
meetings/dialog with the neighboring property owners regarding the
proposed use and mitigating impacts associated with the use (including the
nearest property owner). A referral was submitted to Colorado Parks and
Wildlife and no referral response has been received. An Improvements and
Road Maintenance Agreement is required as a Condition of Approval. The
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agreement will address dust control, tracking control, damage repair,
specified haul routes and future traffic triggers for improvements. The
applicant is proposing a landscaping/screening plan and a lighting plan to
address and alleviate impacts on neighboring properties in the area. The
applicant will utilize Best Management Practices (BMPs), adhere to the
Conditions of Approval and Development Standards, purchase the closest
residence, chose the location based on proximity to a large number of wells
in the vicinity lending to the high volume of oil and gas use in the area and
supporting compatibility. The applicant is committed to community
involvement and to the continued agricultural use of a portion of the land
utilizing the 97 -acre feet of water rights of the Henrylyn Irrigation Ditch for
irrigation of farmland and an additional four -acre feet of water rights for
landscape maintenance.
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 the three (3) mile referral areas of
the Towns of Hudson and Keenesburg. The site is also located within the
boundaries of the Keenesburg/Weld County Cooperative Planning
Agreement (IGA) boundary. Prior to setting up the case, the Town of
Keenesburg indicated that they had no concerns with Cureton moving
forward with the County process in their e-mail dated, October 31, 2017.
No referral responses have been received from the Town of Hudson and
the Town of Keenesburg in regard to this case. This facility will provide a
positive economic impact to the surrounding area and the applicant is
already taking part in community interests and a member of the local
Chamber of Commerce.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Geologic Hazard Overlay District, a Special Flood Hazard Area or the
Airport Overlay District. Building Permits issued on the lot will be required
to adhere to the fee structure of the County -Wide Road Impact Fee, the
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 146 acres delineated
as "Prime (Irrigated)" and "Prime if Irrigated," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The
facility location is on the area (approximately 72 acres) identified as "Prime
(Irrigated)". The proposed Cryogenic Facility area will encompass
approximately 33.5 acres. The applicant is committed to the continued
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agricultural use of a portion of the land utilizing the 97 -acre feet of water
rights of the Henrylyn Irrigation Ditch for irrigation of said farmland.
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 ensure that
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County. The applicant
is committed to the use of BMPs (to include aboveground piping, secondary
containment, Air Emissions Permit, Fugitive Emissions Plan, Stormwater
design, closed loop system, direct pipeline system versus trucking for
transportation of gas, state-of-the-art system with automated pressure
monitors, reduction of flaring, gas detection system, manual system for
shut down); and developing an Emergency Action and Safety Plan with the
Weld County Office of Emergency Management and the Hudson Fire
Protection District to include an evacuation plan and a test exercise
provision. A number of Conditions of Approval and Development Standards
have been attached (landscape/screening plan, maximum noise
standards, lighting plan, noise abatement plan, communications plan,
emergency action and safety plan) to address impacts associated with this
proposed use.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Richard and Heidi Robertson, c/o Cureton Front Range,
LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0065, for
an Oil and Gas Support and Service Facility (cryogenic gas processing plant) 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 Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
B. An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location. Road maintenance including, but not limited
to, dust control, tracking control, damage repair, specified haul routes and
future traffic triggers for improvements will be included.
C. A Landscape/Screening plan to mitigate visual impacts shall be submitted
to the Department of Planning Services for review and approval.
D. A Lighting Plan that meets the requirements of Section 23-9-40 of the Weld
County Code shall be submitted for review and approval by the Department
of Planning Services.
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E. A Noise Abatement Plan shall be submitted to the Department of Planning
Services for review and approval.
F. A Communications Plan shall be submitted to the Department of Planning
Services. The Communications Plan shall address ongoing communication
processes with area property owners, and reviewed annually with input
from the area property owners.
G. The Recorded Exemption, 1AMRECX18-04-3799, plat shall be submitted
for recording.
H. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0065.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate 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 proposed landscaping and/or
screening approved by the Department of Planning Services.
6) The map shall delineate the lighting as approved in the Lighting
Plan.
7) All signs shall be shown on the map and shall adhere to Chapter
23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of
the Weld County Code.
8) The map shall delineate the parking area for the vendors,
customers and/or employees.
9) County Road 51 is a gravel road and is designated on the Weld
County Functional Classification Map as a collector road which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate 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.
10) County Road 20 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
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right-of-way on the site plan. All setbacks shall be measured from
the edge of right-of-way.
11) Show and label the approved access locations, and the appropriate
turning radii (60') on the site plan. The applicant must obtain an
access permit in the approved location(s) prior to construction.
12) 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.
13) Show and label the section line Right -of -Way as "CR 20 Section
Line Right -of -Way, not County maintained."
14) The applicant shall show and label the accepted drainage features
and drainage flow arrows. Water quality features or stormwater
ponds should be labeled as "Stormwater Detention, No -Build or
Storage Area" and shall include the calculated volume.
15) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property.
16) Show and label all recorded easements on the map by book and
page number or reception number and date on the site plan.
17) The applicant shall indicate specifically on the map the type of
right-of-way/easement and indicate whether it is dedicated, private,
or deeded to provide adequate access to the parcel.
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
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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 more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
6. Prior to Certificate of Occupancy:
A. The applicant shall submit written evidence of a commercial well to the
Weld County Department of Public Health and Environment.
B. An individual sewage disposal system is required for the proposed facility
and shall be installed according to the Weld County Individual Sewage
Disposal Regulations. The septic system is required to be designed by a
Colorado Registered Professional Engineer according to the Weld County
Individual Sewage Disposal Regulations.
7. 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 Plan will include
an evacuation plan and a test exercise provision. Submit evidence of
acceptance to the Department of Planning Services.
8. 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 plat
is ready to be recorded in the office of the Weld County Clerk and Recorder or the
applicant has been approved for an early release agreement.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of February, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ditife4)
Weld County Clerk to the Board
BY:
Deputy Clerk to the B
AP
County Attorney
Date of signature: 0'/ -Da -/g
WELD COUNTY, COLORADO
Stye Moreno, Chair
Barbara Kirkmeyer, Fero-Tem
EXCUSED
Sean P. Conway
istit,t_e; ea -064
Julie A. Cozad
`YY\Ok`11e1L---
Mike Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RICHARD AND HEIDI ROBERTSON,
C/O CURETON FRONT RANGE, LLC
USR17-0065
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0065, is
for an Oil and Gas Support and Service Facility (cryogenic gas processing plant) 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. There will be no expansion of the plant west of the Henrylyn Ditch.
4. The hours of operation are 24 hours a day, seven (7) days a week. Scheduled
maintenance events that include flaring shall occur during daylight hours.
5. The number of on -site employees is limited to eighteen (18), as stated on the application.
6. The parking area on the site shall be maintained.
7. 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.
8. The landscaping/screening on the site shall be maintained in accordance with the
approved landscape/screening map.
9. The operator shall comply with the approved Lighting Plan submitted to the Department
of Planning Services.
10. 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.
11. 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.
12. 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, Section 30-20-100.5, C.R.S.
13. 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.
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14. 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.
15. 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, Colorado
Department of Public Health and Environment, as applicable.
16. 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.
17. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems. A permanent,
adequate water supply shall be provided for drinking and sanitary purposes.
18. All potentially hazardous chemicals on -site must be handled in a safe manner in
accordance with product labeling. All chemicals must be stored secure, on an impervious
surface, and in accordance with manufacturer's recommendations.
19. 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 (COGCC) Commission Rules and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
20. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in
accordance with the applicable provisions of 40 CFR, Part 112, shall be available.
21. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
22. 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.
23. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in Section 25-12-103, C.R.S.
24. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, as applicable.
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25. The applicant shall notify the County upon receipt of any compliance advisory or other
notice of non-compliance of a State issues permit, and of the outcome or disposition of
any such compliance advisory or other notice of non-compliance.
26. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
27. 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.
28. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
29. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
30. 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.
31. The historical flow patterns and runoff amounts on the site will be maintained.
32. Weld County is not responsible for the maintenance of on -site drainage related features.
33. Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
34. 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.
35. 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 2014 National Electrical Code. A Building Permit
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.
36. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
37. 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, with an attempt to provide 24 -hour notice, in order to ensure the
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activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
38. 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.
39. The facility shall notify the County of any revocation and/or suspension of any State issued
permit.
40. 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.
41. 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.
42. 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.
2018-0579
PL2524
Hello