HomeMy WebLinkAbout20184065.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0104, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
INCLUDING OIL AND GAS SUPPORT AND SERVICE, INCLUDING SIX (6) GAS
COMPRESSORS AND RELATED EQUIPMENT, ONE (1) UP TO SEVENTY (70) FEET
IN HEIGHT SECURE COMMUNICATIONS TOWER, AND UP TO FIVE (5)
CONSTRUCTION OFFICE TRAILERS AND TEN (10) CONEX CONTAINERS FOR USE
DURING THE CONSTRUCTION OF THE FACILITY IN THE A(AGRICULTURAL)ZONE
DISTRICT- ANNA HILL, C/O OUTRIGER DJ OPERATING, 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 19th 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 Anna Hill, 43815 CR 95, Briggsdale, Colorado 80611, do Outrigger DJ
Operating, LLC, 1200 17th Street, Suite 900, Denver, Colorado 80202, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0104, for Mineral Resource
Development Facilities including Oil and Gas Support and Service, including six (6) gas
compressors and related equipment, one (1) up to seventy (70) feet in height secure
communications tower, and up to five (5) construction office trailers and ten (10) conex containers
for use during the construction of the facility in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Subdivision Exemption, SUBX18-0034; being part of
the SE1/4 SE1/4 of Section 26, Township 8 North,
Range 61 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 23-2-230.6 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.
cc:PL(Ko(TP),PWCFIB),�HCi3F), caC(3C.), 2018-4065
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SPECIAL REVIEW PERMIT (USR18-0104) - ANNA HILL, CIO OUTRIGGER DJ
OPERATING, LLC
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1) Section 22-6-20.C.1 (ECON.Policy 3.1) states: "County activities
and regulation should protect the rights of private property owners
and the public health, safety and welfare, recognizing that these
basic rights and protections allow the free market to prosper and
grow the local economy." The property owner has submitted an
application for a signed lease for lands associated with this
compressor facility. The proposed compressor station is located
adjacent to the Verdad production well location in a consolidated
area near the intersection of two (2) County roads and the areas
are graveled and graded and are in pasture grasses.
2) 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." Outrigger is in the business of collecting, processing,
compressing, and transmitting natural gas products to customers
via pipelines. The DJ Basin area has seen rapid expansion as new
drilling technologies are allowing more oil and gas to be produced.
As a result, gas gathering and processing capacity is needed in this
area in order to meet the growing production. To meets these
needs, Outrigger is proposing the Koki compressor station
necessitated by the need to move larger volumes of gas due to the
increases in drilling activity and projected additional production
increases anticipated by producers.
3) Section 22-5-100.6.6 (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 facility is proposed for a remote location of
the County with three (3) residential structures located one half(0.5)
to one (1) mile from the proposed facility. Additionally, the applicant
is proposing to place all equipment within pre-fabricated structures.
Compressor buildings will have hospital grade silencers and each
structure is insulated to dampen equipment noise. The applicant
has been working with the Briggsdale Fire Department on an
Emergency Action Plan that addresses the Muster point in case of
emergency or unforeseen event. As a condition of approval prior to
operation, a signed Emergency Action Plan between the Fire
Department, Office of Emergency Management and the Plant
Operator is required. This proposal has been reviewed by the
appropriate referral agencies and has been determined that the
attached 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 and will address and mitigate impacts on the
surrounding area due to the construction of this facility.
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4) 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."Outrigger is in communication with surrounding property
owners and will continue to communicate with them. The Briggsdale
volunteer Fire Department was sent notification along with
Outrigger contact information and have acknowledged notification.
The applicant indicates that prior to operation, emergency
responders will be provided with information on emergency
protocols and the muster locations for the compressor station. The
areas surrounding the site have agricultural land use, as well as oil
and gas exploration and development. There is a well pad/tank
battery adjacent to this site and one (1) that is about three-quarters
(0.75) of a mile to the east. The station is designed with minimal
impact to the surrounding area. The application materials indicate
that facility lighting will not overly illuminate large areas and will be
directed at 90 degrees to the natural ground plane. Lighting will
comply with the Weld County Dark Sky Policy adhering to the
International Dark Sky standards. The existing site is natural
grasses with no improvements or farming. The site is in a remote,
arid region and as such, the proposed compressor station will be
graveled with natural grasses remaining outside the fenced area.
No additional landscaping is proposed.
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 Mineral Resource Development, Oil and Gas Support,
and Service. Section 23-3-40.K allows one (1) or more microwave, radio,
television or other communication transmission or relay tower over seventy
(70)feet in height per Lot as a Use by Special Review 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.
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C. Section 23-2-230.B.3--The Uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed Koki Compressor
Station is located in an area of the County used primarily as agricultural
and pasture land and already contains various oil and gas operations and
facilities. The proposed site is surrounded by irrigated crop land,
agricultural fields and a few residents. By keeping the proposed
compressor footprint small (approximately 10 acres out of the 600-acre
property), Outrigger intends that surrounding agricultural areas will not be
affected by the compressor station's presence. Once the construction is
completed, disturbed areas will be reseeded with a native seed mix. There
are eleven (11) property owners on eleven (11) parcels within five hundred
(500) feet of this facility, with the closest residence being approximately
one half (0.5) mile to the south. Planning staff has not received any
telephone calls or correspondence concerning this land use application.
Outrigger proposes to construct a 70-foot in height communications tower
at the proposed Koki Compressor Station site. Outrigger designs and
constructs such towers at each of its facilities to allow for a reliable signal
for the remote monitoring and control of the facility. A secure location within
the site is critical because of the life-safety functions associated with the
station's control and emergency shut-down notification features. Due to
safety concerns, Outrigger requires that only authorized personnel be
permitted access to its towers and transmitters to prevent intentional or
accidental disruption of communication services. If a third-party user
requested to collocate on this proposed tower, they would have to comply
with Outrigger's safety, security and structural installation requirements. In
the unlikely event operations cease at the Koki Compressor Station,
Outrigger will remove the equipment, communications tower, and all of its
components in accordance with COGCC regulations. Where possible,
materials will be reused or recycled. Where required, materials for disposal
will be removed by a licensed contractor and transported to a disposal site.
Outrigger will comply with all COGCC regulations concerning site
restoration.
D. Section 23-2-230.6.4--The Uses which will be permitted will be compatible
with future development of the surrounding area as permitted by the
existing zoning and with the future development as projected by Chapter 22
of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is not within a three (3) mile referral area of a municipality or
County.
E. Section 23-2-230.6.5--The application complies with Chapter 23, Article V
of the Weld County Code. The property is not within a recognized overlay
district for Flood Hazard Development, Geologic Hazard or Airport Overlay
Districts. 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.
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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 Subdivision Exemption parcel
created for the temporary use of the land for oil and gas support and service
facilities, Outrigger DJ Operating LLC, Koki Compressor Station. The
approximate 600-acre area not impacted by the compressor site will
continue in agriculture production with on-going oil and gas production
activities. 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.
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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Anna Hill, c/o Outrigger DJ Operating, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR18-0104, for Mineral
Resource Development Facilities including Oil and Gas Support and Service, including six (6) gas
compressors and related equipment, one (1) up to seventy (70) feet in height secure
communications tower, and up to five (5) construction office trailers and ten (10) conex containers
for use during the construction of the facility in the A (Agricultural) Zone District, on the parcel of
land described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the USR map:
A. During Construction a Road Maintenance Agreement is required at this
location. Road maintenance includes, but is not limited to, dust control and
damage repair to specified haul routes.
B. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
C. The applicant shall provide a Decommissioning Plan for the Compressor
facility.
D. The USR map shall be amended to delineate the following:
1) All sheets of the USR map shall be labeled USR18-0104.
2) The attached Development Standards.
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3) The USR map shall be prepared in accordance with
Section 23-2-260.D of the Weld County Code.
4) County Road 95 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.
5) County Road 88 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 locations,
approved access width and the appropriate turning radii (60 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved location(s) prior to construction.
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 the accepted drainage features
and drainage flow arrows. Stormwater ponds should be labeled as
"Stormwater Detention, No-Build or Storage Area"and shall include
the calculated volume.
10) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Prior to Construction
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
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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 Conditions of Approval #1 above, the applicant shall submit
one (1) paper copy, or one (1) electronic copy of the 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 USR 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 map
is ready to be recorded in the office of the Weld County Clerk and Recorder.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of December, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: )s J W ...vim;r,L EXCUSED
Steve Moreno, Chair _
Weld County Clerk to the Board
biti.A_A--
a Kirkmeyer, P -Tem
BY: /�,
Deputy Clerk • the Board "�(----
n' 4. 'a CUSED
iitt ��� S►`�' P. Conway
161 �r")
A...� E D AS T >�'M: k i,*- -1�L _- ---)-7-
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County A torney 'i,..Q _
Mike Freeman
Date of signature: I/15/1q
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ANNA HILL,
C/O OUTRIGGER DJ OPERATING, LLC
USR18-0104
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0104, is
for Mineral Resource Development Facilities including Oil and Gas Support and Service,
including six (6) gas compressors and related equipment, one (1) up to seventy (70) feet
in height secure communications tower, and up to five (5) construction office trailers and
ten (10) conex containers for use during the construction of the facility in the
A (Agricultural) Zone, 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. This is an unmanned facility.
4. The facility will operate 24 hours per day, 365 days per year.
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 pasture grass restoration shall be maintained.
7. Co-Location of communication devices on the 70-foot in height communications tower is
permitted and encouraged if applicants are able to comply with Outrigger's safety, security
and structural installation requirements.
8. 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. The facility shall adhere to the Dark Sky Policy.
9. The applicant or operator shall comply with the approved Decommissioning Plan.
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. 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.
12. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
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13. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
14. 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.
15. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
16. The historical flow patterns and runoff amounts on the site will be maintained.
17. Weld County is not responsible for the maintenance of on-site drainage related features.
18. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
19. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
20. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions. The facility shall
operate in accordance with Chapter 14, Article I, of the Weld County Code.
21. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
22. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain a permit from the Air Pollution Control Division of the
Colorado Department of Public Health and Environment, as applicable.
23. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. As employees or contractors are on site for less than
two (2) consecutive hours a day portable toilets and bottled water are acceptable. Records
of maintenance and proper disposal for portable toilets shall be retained on a quarterly
basis and available for review by the Weld County Department of Public Health and
Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and
shall contain hand sanitizers.
24. All potentially hazardous chemicals must be handled in a safe manner in accordance with
product labeling. All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations.
25. Secondary containment shall be constructed around tanks to provide containment for the
largest single tank and sufficient freeboard to contain precipitation. Secondary
containment shall be sufficiently impervious to contain any spilled or released material.
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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.
26. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
27. Any contaminated soils on the facility shall be removed, treated or disposed of in
accordance with all applicable rules and regulations. All spills will be reported to local,
state and federal agencies in accordance with all state and federal regulations.
28. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in C.R.S. §25-12-103.
29. The applicant shall obtain a Colorado Discharge Permit System or CDPS Permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, if applicable.
30. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available on site or as applicable.
31. The facility shall notify the County of any revocation and/or suspension of any State-issued
permit.
32. The applicant shall notify the County upon receipt of any compliance advisory or other
notice of non-compliance of a State-issued permit, and of the outcome or disposition of
any such compliance advisory or other notice of non-compliance
33. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
34. 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.
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 carried 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
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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 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. 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.
40. 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.
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