HomeMy WebLinkAbout20181326.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND 3RD MAJOR AMENDED USE
BY SPECIAL REVIEW PERMIT, 3MJUSR18-95-1092, FOR AGRICULTURAL SERVICE
ESTABLISHMENTS PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL,
ANIMAL HUSBANDRY OR HORTICULTURAL SERVICE ON A FEE OR CONTRACT
BASIS, INCLUDING A LIVESTOCK CONFINEMENT OPERATION (L.C.0) (4.5
MILLION POULTRY BIRDS) AND USES SIMILAR TO THE USES LISTED AS USES BY
SPECIAL REVIEW AS LONG AS THE USE COMPLIES WITH THE GENERAL INTENT
OF THE A (AGRICULTURAL) ZONE DISTRICT (FEED MILL, GRAIN AND/OR FEED
STORAGE, IN -LINE POULTRY BARNS, PULLET BARNS, EGG PROCESSING PLANT
AND APPURTENANCES ASSOCIATED WITH A COMMERCIAL EGG FACILITY) IN
THE A (AGRICULTURAL) ZONE DISTRICT - OPAL FOODS, 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 Opal Foods, LLC, 16194 Highway 59, Neosho, MO 64850, for a Site Specific
Development Plan and 3rd Major Amended Use by Special Review Permit, 3MJUSR18-95-1092,
for Agricultural Service establishments primarily engaged in performing agricultural, animal
husbandry or horticultural service on a fee or contract basis, including a Livestock Confinement
Operation (L.C.0) (4.5 million poultry birds) and uses similar to the uses listed as Uses by Special
Review as long as the use complies with the general intent of the A (Agricultural) Zone District
(feed mill, grain and/or feed storage, in -line poultry barns, pullet barns, egg processing plant and
appurtenances associated with a commercial egg facility) in the A (Agricultural) Zone District, on
the following described real estate, being more particularly described as follows:
SE1/4 and SW1/4 of Section 12, Township 2 North,
Range 63 West and SE1/4 /S1100' of the NE1/4 and
the NE1/4; all in Section 13, Township 2 North,
Range 63 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Tim Naylor,
AGPROfessionals, 3050 67th Ave, Greeley, CO 80634, 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.
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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 (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a land
use change." And 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 site has
operated as a commercial egg production facility since 1995. This
application seeks to amend the current permit to increase the
capacity of the facility from 1.53 million birds to 4.5 million birds and
add up to fourteen (14) new in -line poultry barns depending on
future density requirements, six (6) pullet barns, processing plant
addition, feed mill and grain storage and appurtenances associated
with a commercial egg facility. The existing poultry barns may be
updated or replaced in the future depending on market needs. The
feed storage and milling will be added for the benefit of the facility
and the feed will not be sold. Currently, the facility is purchasing
feed from an off -site supplier.
2) Section 22-2-20.G.3 (A.Policy 7.3) states: "Conversion of
agricultural land to urban residential, commercial and industrial
uses should be considered when the subject site is located inside
an Intergovernmental Agreement area, Urban Growth Boundary
area, Regional Urbanization Area or Urban Development Nodes, or
where adequate services are currently available or reasonably
obtainable. A municipality's adopted comprehensive plan should be
considered, but should not determine the appropriateness of such
conversion." This site is not located within three (3) miles of any
municipality.
3) Section 22-2-20.H.3 (A. Policy 8.3) states: "The land use applicants
should demonstrate that the roadway facilities associated with the
proposed development are adequate in width, classification and
structural capacity to serve the proposed land use change." The
referral comments from the Department of Public Works state that
County Road 73 is a paved road and that County Road 20 section
line is shown to have 30 feet of unmaintained section line
right-of-way. The Department of Public Works did not have any
concerns with the use of these roads for this USR. The Colorado
Department of Transportation did not have concerns with the use of
County Road 73 at the Interstate 76 interchange. As a Condition of
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Approval, Public Works is requiring an Improvements and Road
Maintenance Agreement 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.
4) Section 22-2-20.H.4 (A. Policy 8.4) states: "The land use applicants
should demonstrate that drainage providing stormwater
management for the proposed land use change is adequate for the
type and style of development and meets the requirements of
county, state and federal rules and regulations." The drainage
narrative was submitted and reviewed by the Department of Public
Works. No concerns were identified with the drainage narrative.
5) Section 22-2-20.H.5 (A. Policy 8.5) states: "The land use applicants
should demonstrate that public service providers, such as but not
limited to schools, emergency services and fire protection, are
informed of the proposed development and are given adequate
opportunity to comment on the proposal." The USR was sent to
nineteen (19) referral agencies including the Office of Emergency
Management, the Division of Water Resources, and the Southeast
Weld Fire District. The referral agencies had 28 days to review this
USR and most of them submitted a response of 'no concerns';
however, the referral responses including comments or conditions
were incorporated as Conditions of Approval or Development
Standards in the staff recommendation.
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.B.16 of the Weld County
Code allows for A Site Specific Development Plan and Use by Special
Review Permit for Agricultural Service Establishments primarily engaged
in performing agricultural, animal husbandry or horticultural service on a
fee or contract basis, including a livestock confinement operation (L.C.O.)
(4.5 million poultry birds), and Section 23-3-40.W allows for uses similar to
the uses listed as Uses by Special Review as long as the use complies with
the general intent of the A (Agricultural) Zone District (feed mill, grain and/or
feed storage, in -line poultry barns, pullet barns, egg processing plant and
appurtenances associated with a commercial egg facility) in the
A (Agricultural) Zone District.
1) Section 23-3-10 — Intent states: "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
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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. "A livestock confinement operation is an agricultural activity
located in the A (Agricultural) Zone District. The proposed USR is
in an area that can support this development and the Conditions of
Approval and Development Standards will assist in mitigating the
impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
dryland agriculture, center pivots, and rural residences. There are ten
property owners and twenty-two properties within 500 feet of the property
with five of the parcels having a rural residence. There are six (6) USRs
within approximately one mile of this site. USR-1090 is for Preston Ranch
Ministries for a church and school and multiple dwelling units are located
to the east of the site; 2AmUSR-274 is for a DCP Gas Processing Plant
and USR-208 is for a 3,600 -head feedlot and both are located south of the
site; to the west are SUP -286 for a gas gathering plant and transfer terminal
facilities for Panhandle Eastern, AmSUP-232 for a NGL facility for Industrial
Gas Services and USR13-0008 for a water pump station, water supply and
storage and a communication tower for Anadarko E&P OnShore, LP, and
all are located to the south and there are no land use permits to the north
of the site. The Weld County Department of Planning Services has received
no letters or telephone calls objecting to this land use application.
D. Section 23-2-230.B.4 -- The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is not located within a three (3) mile referral area of
any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality.
E. Section 23-2-230.6.5 -- 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, 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. The existing and proposed facility is located on soils designated as
"Other" totaling 501 acres, and "Irrigated Land (Not Prime)" totaling
139 acres, per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map. This USR will not take any "Prime (Irrigated)" Farmland
out of production.
G. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
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 Opal Foods, LLC, for a Site Specific Development Plan
and 3rd Major Amended Use by Special Review Permit, 3MJUSR18-95-1092, for Agricultural
Service establishments primarily engaged in performing agricultural, animal husbandry or
horticultural service on a fee or contract basis, including a Livestock Confinement Operation
(L.C.O) (4.5 million poultry birds) and uses similar to the uses listed as Uses by Special Review
as long as the use complies with the general intent of the A (Agricultural) Zone District (feed mill,
grain and/or feed storage, in -line poultry barns, pullet barns, egg processing plant and
appurtenances associated with a commercial egg facility) in the A (Agricultural) Zone District, on
the parcel of land described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location. Road maintenance includes, but is not
limited to, dust control and damage repair to specified haul routes. The
Agreement shall include provisions addressing engineering requirements,
submission of collateral, and testing and approval of completed
improvements. Off -site improvements shall be completed when warranted
or when future triggers are met.
The applicant shall submit written evidence from the State of Colorado,
Division of Water Resources, that the facility expansion has adequate
water from a legal source to serve the proposed uses.
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled 3MJUSR18-95-1092.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
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4) The applicant shall delineate the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) If applicable, 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.
6) The map shall delineate the lighting, if applicable. All lighting shall
be shielded so that light rays will not shine directly onto adjacent
properties.
7) County Road 73 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 the future
right-of-way. This road is maintained by Weld County.
8) 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.
9) 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.
10) Show and label the approved tracking control on the site plan.
11) Show and label the entrance gate, if applicable. An access
approach that is gated shall be designed so that the longest vehicle
(including trailers) using the access can completely clear the
traveled way when the gate is closed. In no event shall the distance
from the gate to the edge of the traveled surface be less than
35 feet.
12) Show and label the section line Right -of -Way as "CR 20 Section
Line Right -of -Way, not County maintained."
13) The applicant shall show and label the accepted drainage features
and drainage flow arrows. Stormwater ponds should be labeled as
"Stormwater ponds, No -Build or Storage Area" and shall include the
calculated volume.
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14) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) 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 more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
6. 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.
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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: diativ V x ; ,
Weld County Clerk to the Board �
BY:
Deputy Clerk to the Bo
APPD AS
ttorney
Date of signature: 06 -II -IV
EXCUSED
Steve reno, Chair
Barbara Kirkmey
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SITE SPECIFIC DEVELOPMENT PLAN
3RD MAJOR AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
OPAL FOODS, LLC
3MJUSRI 8-95-1092
1. The Site Specific Development Plan and 3rd Major Amended Use by Special Review
Permit, 3MJUSR18-95-1092, is for Agricultural Service Establishments primarily engaged
in performing agricultural, animal husbandry or horticultural service on a fee or contract
basis, including a livestock confinement operation (L.C.O.) (4.5 million poultry birds) and
uses similar to the uses listed as Uses by Special Review as long as the use complies
with the general intent of the A (Agricultural) Zone District (feed mill, grain and/or feed
storage, in -line poultry barns, pullet barns, egg processing plant and appurtenances
associated with a commercial egg facility) 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 hours of operation are 24 hours a day / seven (7) days a week.
4. The number of on -site full-time employees shall be one hundred fifty (150).
5. The parking area on the site shall be maintained.
6. 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.
7. 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.
8. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
9. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
10. 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.
11. The property owner shall comply with all requirements provided in the executed
Improvements Agreement.
12. Weld County is not responsible for the maintenance of on -site drainage related features.
13. 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.
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14. 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.
15. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The applicant shall operate in accordance with Chapter 14, Article I, of the
Weld County Code.
16. 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.
17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes
and adhere to the Colorado Primary Drinking Water Regulations (5 CCR 1003-1) as
applicable.
18. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Waste Water Treatment Systems.
19. 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.
20. The facility shall operate in compliance with Colorado Water Quality Control Commission
Regulation 81 (5 CCR 1002-81) and 61 (5 CCR 1002-61). There shall be no discharge of
manure or process wastewater, except as provided in the facility's Colorado Discharge
Permit.
21. If required, a Stormwater Discharge Permit shall be obtained from the Colorado Water
Quality Control Division, for construction activities.
22. The facility shall be operated and maintained in a manner to prevent nuisance conditions,
in accordance with the approved Management Plan for Nuisance Control.
23. Odors detected off the site shall not equal, or exceed, the level of fifteen -to -one dilution
threshold, as measured using methods set forth in Regulation 2 of the Colorado Air
Pollution Control Regulations. Additional controls shall be implemented, at the request of
the Weld County Department of Public Health and Environment, in the event odor levels
detected off site of the facility meet, or exceed, the level of fifteen -to -one dilution threshold,
or in the judgment of the Weld County Health Officer, there exists an odor condition
requiring abatement.
24. With the exception to emergency conditions, no manure shall be stored on the property,
outside of the poultry houses designated manure storage areas. The facility shall maintain
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evidence that it has the ability to prevent the stockpiling of manure on the property outside
of designated manure storage areas.
25. The facility shall operate in compliance with applicable Colorado Air Quality Control
Regulations. There shall be no open burning except "Agricultural Open Burning" as
defined by Colorado Air Quality Control Regulations.
26. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 25-12-103, C.R.S.
27. Composting operations shall comply with Section 14 of the Regulations Pertaining to Solid
Waste Sites and Facilities (6 CCR 1007-2, Part 1).
28. All potentially hazardous chemicals must be handled in a safe manner, in accordance with
product labeling. All chemicals must be stored securely, on an impervious surface, and in
accordance with manufacturer's recommendations.
29. 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.
30. The facility shall notify the County of any revocation and/or suspension of any State issued
permit.
31. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
32. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used which may be confused with, or construed as,
traffic control devices.
33. A building permit may be required, per Section 29-3-10 of the Weld County Code.
Currently the following has been adopted by Weld County: 2012 International Codes; 2006
International Energy Code; 2017 National Electrical Code. A building permit application
must be completed and two 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 registered State of Colorado engineer shall be required
or an open hole inspection.
34. 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.
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35. 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.
36. 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.
37. 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 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.
38. 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.
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