HomeMy WebLinkAbout20181215.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND 2ND AMENDED USE BY
SPECIAL REVIEW PERMIT, 2MJUSR18-12-1792, (FOR MINERAL RESOURCE
DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT AND SERVICE, NATURAL
GAS PROCESSING FACILITY) ONE (1) UP TO ONE HUNDRED (100) FEET IN HEIGHT
SECURE COMMUNICATIONS TOWER, AND THE ADDITION OF NEW GAS
PROCESSING EQUIPMENT TO IMPROVE CAPACITY AND EFFICIENCY OF THE
EXISTING PLANT IN THE A (AGRICULTURAL) ZONE DISTRICT - DCP LUCERNE 2
PLANT, 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 25th day of
April, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of DCP Lucerne 2 Plant, LLC, 3026 4th Ave., Greeley, CO 80634, for a Site
Specific Development Plan and 2nd Amended Use by Special Review Permit,
2MJUSR18-12-1792, (for Mineral Resource Development Facilities, Oil and Gas Support and
Service, Natural Gas Processing Facility) one (1) up to one hundred (100) feet in height secure
communications tower, and the addition of new gas processing equipment to improve capacity
and efficiency of the existing plant in the in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot B of Recorded Exemption, RECX12-0034; being
part of the SE1/4 of Section 31, Township 5 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Patrick Groom,
of Witwer, Oldenburg, Barry & Groom, LLP, 822 7th Street, #760, Greeley, CO 80631, 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.
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1) Section 22-2-100.E (C.Goal 5) states: "Minimize the
incompatibilities that occur between commercial uses and
surrounding properties." The facility is located on a 148 +/- acre
parcel and all equipment is fenced and gated with the proposed
plant expansion area located to the west of the existing plant. The
proposed change(s) will not result in a substantial adverse impact
on the other property in the vicinity of the subject property. The uses
which will be permitted will be compatible with the existing
surrounding land uses. The surrounding properties are generally
large agricultural lots with single family residences. The proposed
use is in an area that can support this development and the
changes to the Landscaping/Screening Plan, Lighting Plan and
Noise Mitigation Plan have been addressed through the Conditions
of Approval and Development Standards, and will assist in
mitigating the impacts of the facility on the adjacent properties and
ensure compatibility with surrounding land uses and the region.
2) 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 applicant has
shown they can be compatible with the region, as well as the
regulations for this USR that do support this Use, and it is in an area
that can support the Use and the expansion, with mitigations, will
make the facility more compatible for the neighbors.
3) Section 22-2-20.H (A.Goal 8) states: "Ensure that adequate
services and facilities are currently available or reasonably
obtainable to accommodate the requested new land use change for
more intensive development"
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." The applicant has shown they have engaged with the
public in over 20 meetings, and there was additional testimony from
the local Fire District Chief that DCP is working cooperatively with
them and there are adequate emergency services available to
protect the health, safety and welfare of the neighborhood.
5) Section 22-5-100.B.6 (OG.Policy 2.6) states: Promote the safety
of all citizens and structures that are in relatively close proximity
to oil and gas facilities. The testimony from the applicant regarding
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safety procedures, to include the application materials, meets the
requirement by exceeding the safety requirements.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Citing the Weld County Code,
Section 23-3-40.A.2 provides for a Site Specific Development Plan and
Use by Special Review Permit for Mineral Resource Development facilities,
Oil and Gas Support and Service, Natural gas processing facilities, related
equipment and structures in the A (Agricultural) Zone District.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The existing site is surrounded by
native pasture land and agricultural fields. Three residences are in the
immediate area within 500 feet of the plant and eighteen residences are
within one-half mile of the plant. DCP is committed to mitigating potential
off -site lighting and noise impacts generated by this facility and will, through
a combination of equipment changes and engineering measures, maintain
and comply with the applicable noise standard for the existing and new
equipment proposed for the O'Connor 2 plant expansion. Once the
expansion construction is completed, the disturbed area will be replanted
with native grasses compliant with the Weld County seed mix
requirements. Several letters and phone calls were received from
surrounding property owners and, in response, DCP had over 20 meetings
with the community and individuals to mitigate the concerns and create a
Communications Plan with neighbors and the County, and amend the
Landscaping/Screening Plan, Noise Mitigation Plan and Lighting Plan
which increase compatibility. There were also letters of support regarding
the positive economic impact to the County.
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 area of
the Town of Kersey. The Town of Kersey did not return a referral response
indicating a conflict with their interests.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The site is not in a floodplain,
geologic hazard area or 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.
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 facility and proposed gas plant expansion are located on
approximately 121.3 acres of "Irrigated Land (Not Prime)" and
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approximately 127 acres of "Prime" (Irrigated), per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. There is
no irrigation water associated with the parcel and, therefore, the property
owner will not be taking any prime agricultural land 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. The
Conditions of Approval and Development Standards require modifications
to include the decommissioning and removal of the problematic flare to be
replaced with a state-of-the-art flare, and updating the Emergency Action
and Safety Plan to include new construction. The applicant has been in
compliance with Air Permit regulations and testimony from the WCDPHE
confirmed no violations since 2015. DCP performs ongoing training with
employees to ensure safety of the site and surrounding neighborhood, and
DCP is making an effort to work with surrounding property owners by
creating a Communications Plan which will assist with the welfare of the
citizens. The economic benefit adds to the welfare of the County and its
citizens.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of DCP Lucerne 2 Plant, LLC, for a Site Specific
Development Plan and 2nd Amended Use by Special Review Permit, 2MJUSR18-12-1792, (for
Mineral Resource Development Facilities, Oil and Gas Support and Service, Natural Gas
Processing Facility) one (1) up to one hundred (100) feet in height secure communications tower,
and the addition of new gas processing equipment to improve capacity and efficiency of the
existing 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 USR 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.
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 submit a recorded copy of any agreement signed by all
of the owners of the property crossed by the access. The access shall be
for ingress, egress, utilities and shall be referenced on the USR map by the
Weld County Clerk and Recorder's Reception number.
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D. The septic system shall be reviewed by a Colorado Registered
Professional Engineer. The review shall consist of observation of the
system and a technical review describing the system's ability to handle the
proposed increase in hydraulic load. The review shall be submitted to the
Department of Public Health and Environment. In the event the system is
found to be inadequately sized or constructed, the system shall be brought
into compliance with current regulations.
E. The applicant shall develop a Landscape and Screening Plan, for review
and approval by the Department of Planning Services. The applicant shall
submit written evidence of consultation with surrounding property owners
concerning the Landscape Plan.
F. The applicant shall develop a Lighting Plan to include dark sky standards,
as described by the applicant during testimony, for review and approval by
the Department of Planning Services.
G. The applicant shall develop a Communication Plan with the surrounding
property owners, for review and approval by the Department of Planning
Services.
H. The applicant shall develop a Noise Mitigation Plan, for review and
approval by the Department of Planning Services.
Prior to recording, the USR map shall be amended to delineate the
following:
1) All sheets of the map shall be labeled 2MJUSR18-12-1792.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) County Road 51 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.
5) County Road 50 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
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setbacks shall be measured from the edge of future right-of-way.
This road is maintained by Weld County.
6) Show and label the approved access locations, approved access
width 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.
7) 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.
8) 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.
9) 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 an
electronic version (.pdf), or one (1) paper copy, of the plat to the Weld County
Department of Planning Services for preliminary approval. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. 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 and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. 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(a�co.weld.co.us.
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5. Prior to Construction:
If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
B. The applicant must obtain an access permit in the approved location(s).
C. The applicant shall adhere to the existing Emergency Action and Safety
Plan during construction and shall update the plan with the Office of
Emergency Management and the Fire District, following construction. 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.
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 25th day of April, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: G .XL[o;(1
Weld County Clerk to the Board
BY
Deputy Clerk to the Bo
APPR
ounty Attorney
Date of signature: boo -!l-/6'
EXCUSED
Steve Moreno, Chair
EXCUSED
Barbara Kirkmeyer, Pro-Tem
Sean P. Conway
Juiie-A: Cd£adL
Mike Freeman, Freeman, Acting Pro-Tem
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SITE SPECIFIC DEVELOPMENT PLAN
2ND AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DCP LUCERNE 2 PLANT, LLC
2MJUSR18-12-1792
The Site Specific Development Plan and 2nd Amended Use by Special Review Permit,
2MJUSR18-12-1792, (for Mineral Resource Development Facilities, Oil and Gas Support
and Service, Natural Gas Processing Facility) one (1) up to one hundred (100) feet in
height secure communications tower, and the addition of new gas processing equipment
to improve capacity and efficiency of the existing 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. The hours of operation are 24 hours a day, seven days a week, as stated by the
applicant(s).
4. The number of employees is fifteen (15) as stated by the applicant(s).
5. The applicant shall maintain compliance with the approved Landscape and Screening
Plan.
6. The applicant shall maintain compliance with the approved Lighting Plan.
7. The applicant shall maintain compliance with the approved Communication Plan.
8. The existing flare shall be decommissioned and removed once the new flare is constructed
and operational.
9. 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.
10. 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.
11. 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.
12. Fugitive dust and fugitive particulate emissions should attempt to be confined on the
property. Uses on the property should comply with the Colorado Air Quality Commission's
air quality regulations. The facility shall be operated in accordance with the approved Dust
Abatement Plan at all times.
13. The applicant shall operate in accordance with the approved Waste Handling Plan.
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14. 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.
15. The facility shall adhere to the maximum permissible noise levels of 60 decibels, 24 hours
per day.
16. 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.
17. 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.
18. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
19. Any septic system located on the property must comply with all provisions of the Weld
County Code pertaining to On -site Wastewater Treatment Systems (OWTS). A
permanent, adequate water supply shall be provided for drinking and sanitary purposes.
20. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. As employees or contractors are on -site for less than
two (2) consecutive hours a day, portable toilets and bottled water are acceptable.
Records of maintenance and proper disposal for portable toilets shall be retained on a
quarterly basis and available for review by the Weld County Department of Public Health
and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County
and shall contain hand sanitizers.
21. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges
in accordance with the rules and regulations of the Water Quality Control Commission and
the Environmental Protection Agency.
22. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault
and hauled off for proper disposal. Records of installation, maintenance, and proper
disposal shall be retained.
23. 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.
24. 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.
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25. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, and as applicable, shall be available.
26. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
27. The facility shall notify the County of any revocation and/or suspension of any State issued
permit.
28. 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.
29. 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.
30. 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.
31. 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.
32. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
33. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
34. 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.
35. The property owner shall comply with all requirements provided in the executed
Improvements Agreement.
36. The Improvements Agreement for this site shall be reviewed on an annual basis, including
possible updates.
37. Weld County is not responsible for the maintenance of on -site drainage related features.
38. 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
Application must be completed and two (2) complete sets of engineered plans bearing the
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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.
39. 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.
40. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
41. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
42. 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.
43. 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.
44. 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.
45. 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.
46. 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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