HomeMy WebLinkAbout20173274.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0032, FORA GREATER THAN 12 -INCH HIGH PRESSURE NATURAL
GAS PIPELINE (20 -INCH) APPROXIMATELY 15.2 MILES LONG IN THE
A (AGRICULTURAL) ZONE DISTRICT - DISCOVERY MIDSTREAM PARTNERS, 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 4th day of
October, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Discovery Midstream Partners, LLC, 7859 Walnut Hill Lane, Suite 335, Dallas,
TX 75230, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0032,
for a greater than 12 -inch high pressure natural gas pipeline (20 -inch) approximately 15.2 miles
long in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
The proposed pipeline enters Weld County in
Section 33, Township 1 North, Range 67 West and
travels north through Sections 28, 27, 22, 15 and 14
turning south through Sections 23 and 24,
Township 1 North, Range 67 West, then east
through Sections 19, 20, and 21 then turning north
into Sections 21, 16 and 15 then east into Section 14
then north into Section 11, Township 1 North, Range
66 West of the 6th P.M., Weld County, Colorado and
terminating at the Fort Lupton Gas Plant
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-480.A.1 — All reasonable efforts have been made to avoid
irrigated cropland or to minimize the negative impacts on agricultural uses
and lands. The application indicates that the pipeline route was selected to
mitigate the impacts to local businesses and residential neighborhoods;
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conform with the comprehensive plans for Adams County, Weld County,
the cities of Thornton and Ft. Lupton; minimize impacts to the environment;
and to the greatest degree possible, the preferences of local city and
county landowners. The preferred route is located on lands within Weld
County that are zoned as Agricultural, Industrial, and PUD. In addition, in
areas zoned for Agricultural, Discovery Midstream Partners, LLC,
(hereafter referred to as Discovery) has worked with the applicable property
owners to accommodate their considerations and preferences for the route
and develop the preferred alignment to mitigate impacts to actively
cultivated fields and productive areas. The preferred route does cross
various canals associated with regional drainage and irrigation, including
the German Ditch and Fulton Canal systems. Discovery will cross these
canals via bore or horizontal direction drill, in accordance with the
respective canal company requirements. Permit applications for these
crossings, and other crossings along the preferred route, including permits
with CDOT for U.S. Highway 85 and Union Pacific for the railroad
crossings. All soils removed for installation of the pipeline will be returned
to their original location and will not be moved off -site. Discovery Midstream
Partners, LLC, indicates that they will repair and/or replace any facilities
damaged or removed during the placement of the pipeline. The preferred
pipeline route minimizes environmental impacts such as wetland areas,
water bodies and open space. The preferred route is sited on plowed fields
and pivot irrigation systems.
B. Section 23-2-480.A.2 — The pipeline will not have an undue adverse effect
on existing and future development of the surrounding area, as set forth in
applicable Master Plans. The pipeline is located within the three (3) mile
referral area of the Town of Lochbuie, Cities of Brighton, Dacono, and Fort
Lupton, and Adams County. The City of Dacono returned a referral dated
June 19, 2017, indicating no conflict with their interests and no other
municipalities provided comments. A neighborhood meeting was held on
Tuesday, March 8, 2017, at the Eagle View Adult Center located in
Brighton, Colorado. Notification of the neighborhood meeting was mailed
to all identified property owners within 250 feet of the proposed pipeline.
Nine (9) persons attended with questions regarding the proposed pipeline
alignment, depth of cover, monitoring of the pipeline, easement for
construction and operating, timeline for construction, and the method for
providing maintenance of the pipeline.
C. Section 23-2-480.A.3 — The design of the proposed pipeline mitigates
negative impacts on the surrounding area to the greatest extent feasible.
The applicant indicated that many private easements (rights -of -way without
Fee ownership) have been negotiated for the pipeline with private land
owners. Whereas, any alternative alignments would require new
easements to be negotiated and involve crossings that may result in
greater environmental impacts in certain locations. The preferred pipeline
route minimizes environmental surface impacts. The pipeline will cross
under the Western Area Power Administration and the Public Service of
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Colorado transmission lines, under the Burlington Northern Santa Fe
railroad tracks, and under U.S. Highway 85, as well as the Lupton Bottom
Ditch, German Ditch, Fulton Ditch, Signal Ditch and the Henrylyn Irrigation
District and Farmers Reservoir and Irrigation Company's irrigation ditches.
In a referral received from the Weld County Floodplain planner dated
July 27, 2017, the preferred pipeline route will cross the South Platte River
and Big Dry Creek floodplains. Therefore, any improvements or new
construction in the floodplain will require a Flood Hazard Development
Permit.
D. Section 23-2-480.A.4 — The site shall be maintained in such a manner so
as to control soil erosion, dust and the growth of noxious weeds. The
Conditions of Approval and Development Standards will ensure that there
is no fugitive dust or erosion and will ensure the control of noxious weeds.
Best Management Practices (BMPs) will be required for all construction
areas, including erosion control methods and dust suppression.
E. Section 23-2-480.A.5 -- The applicant has agreed to implement any
reasonable measures deemed necessary by the Board of County
Commissioners to ensure that the health, safety and welfare of the
inhabitants of the County will be protected, and to mitigate or minimize any
potential adverse impacts from the proposed pipeline. The applicant has
proposed a number of measures to mitigate impacts from the pipeline,
including boring beneath County roads to avoid damage to the road surface
or disruption to traffic flow; if surface waterbodies will be crossed by the
pipeline, either by boring beneath the bed of the waterbody, or by utilizing
an open -cut crossing method. If the open -cut crossing method is used,
BMPs will be utilized to protect the waterbody from erosion or sediment
runoff; tracking pads will be utilized where heavy equipment is required to
cross roads to prevent damage to the road surface; and topsoil will be
segregated from subsoil during grading activities. All pipelines will be
buried to provide a minimum of 48 inches of cover. The pipeline trench will
be excavated mechanically; pipe segments will then be strung along the
ditch line and then welded together using welders and weld procedures
qualified under the requirements of the Code of Federal Regulations; each
weld will be examined utilizing industry standard non-destructive
examination, or x-ray, procedures by qualified technicians; and the coating
on the pipeline will be inspected for damage and repaired as necessary
and then the line(s) will be lowered into the trench and backfilled. The
pipeline(s) will subsequently be pressure tested using water
(hydrostatically tested) to industry regulations. The transportation of natural
gas via pipeline is generally safer than other potential modes of transport.
There is some small risk of an accident, in which the integrity of the pipeline
may be compromised, resulting in a release of natural gas or natural gas
liquids. Wet natural gas contains condensed forms of heavier natural gas
liquids and produced water and is considered both flammable and
combustible. Dry natural gas is a clean burning fuel source, also
considered both flammable and combustible. In general, signs of a pipeline
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leak include dead or discolored vegetation that is otherwise green along
the pipeline right-of-way, along with pools of liquid or clouds of vapor or
mist not usually present. Discovery will clearly mark the pipeline centerline
with markers placed at line of sight intervals and at all road, railroad and
canal crossings. The markers will clearly identify the pipeline, and will
provide a telephone number and address where a company representative
can be reached in an emergency or prior to any excavation in the area.
Discovery will also participate in the Colorado "One Call" system, which
serves as a clearinghouse for excavation activities that are planned close
to pipelines and other underground utilities. Discovery maintains close
working relationships with all emergency response personnel. Each
respective pipeline centerline will be clearly identified with markers placed
at line -of -sight intervals and at all road, railroad and canal crossings. These
markers will clearly identify Discovery as the owner/operator, provide a
telephone number and address where a company representative can be
reached in an emergency. In the event of an emergency, a call to the
number on these markers will go to Discovery's operations and control
center located at the gas compression and processing facility. This facility
will be staffed 24 hours a day, 7 days a week by trained operators, qualified
in both the day-to-day operation of the respective pipelines and associated
facilities, and in emergency response procedures. These operators will also
have the ability to monitor the operation of the pipeline system through a
Supervisory Control and Data Acquisition ("SCADA") system. Through the
SCADA system, operators will be able to see key parameters associated
with the operation of the respective pipelines, including pressure,
temperature, and flow rate. In the event that these parameters or other
critically identified criteria fall outside of pre -determined normal operating
allowances, the SCADA system will raise warnings of potential operational
upsets or pending emergency conditions providing the operator with time
to make corrections, if possible, to the system operation in order to clear
the warning. In the event that the specified parameters or critically identified
criteria reach pre -determined set points within the system operation, the
SCADA system will alarm. Upon notification of an emergency, either
through the public emergency call number, SCADA system, operator
inspection and training, or other originating source, Discovery will have the
ability to isolate the respective pipelines by closing remotely operated
valves at either end of the pipeline or, on the natural gas trunk line, at the
three (3) remote valves located along the line to isolate any potential fuel
source and mitigate propagation of the emergency situation. In addition,
Discovery operations personnel will have the ability to locally evacuate the
natural gas pipeline via blowdowns located at each end of the line and at
each respective remote valve site. Depending upon the nature of the
emergency, local emergency responders would be notified, and Discovery
would implement their internal safety response procedures, including
dispatching trained personnel to the site of the emergency.
F. Section 23-2-480.A.6 — All reasonable alternatives to the proposal have
been adequately assessed, and the proposed action is consistent with the
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best interests of the people of the County and represents a balanced use
of resources in the affected area. The applicant reviewed alternative
pipeline locations. The preferred route utilizes a pipeline right-of-way
corridor negotiated through agreements with private property owners. The
alternatives would likely result in additional safety impacts due to the
proximity of the four municipalities and other development in the area.
G. Section 23-2-480.A.7 — The nature and location or expansion of the
pipeline will not unreasonably interfere with any significant wildlife habitat
and will not unreasonably affect any endangered wildlife species, unique
natural resource, known historic landmark or archaeological site within the
affected area. A site assessment of the vegetation, wildlife, wetlands, and
special status species has been prepared along with a Class I Cultural
Study of the proposed pipeline route. Neither Colorado Parks and Wildlife
nor History Colorado returned a referral response indicating a conflict with
their interests.
H. Section 23-2-480.A.8 — No adverse impact from stormwater runoff to the
public rights -of -way and/or surrounding properties as a result of the
pipeline. The applicant will be required to maintain historic flow patterns
and runoff amounts; however, per the Department of Planning Services
engineering review, a drainage plan will be not be required for this project.
Section 1.A.5 of the drainage criteria provides an exception for pipelines
and transmission lines. Discovery acknowledges that the historical flow
patterns and runoff amounts will be maintained on the site or in such a
manner that it will reasonably preserve the natural character of the area
and prevent property damage of the type generally attributed to runoff rate
and velocity increases, diversions, concentration and/or unplanned
ponding of storm runoff. The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Discovery Midstream Partners, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR17-0032, for a greater than 12 -inch
high pressure natural gas pipeline (20 -inch) approximately 15.2 miles long in the A (Agricultural)
Zone District, on the parcel of land described above be, and hereby is, granted subject to the
following conditions:
1. Prior to recording the map:
A. A copy of the signed and recorded (construction and post -construction)
lease agreements (or other acceptable authorization from property owner)
for pipeline right-of-way (easements) shall be submitted to the Department
of Planning Services.
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B. A copy of the signed irrigation crossing agreements/easements from each
affected irrigation/ditch company shall be submitted to the Department of
Planning Services.
C. A copy of the signed Colorado Department of Transportation (CDOT)
crossing agreement/easements shall be submitted to the Department of
Planning Services.
D. A copy of the signed Burlington Northern Santa Fe crossing agreements/
easements shall be submitted to the Department of Planning Services.
E. The Colorado Department of Transportation (CDOT) has jurisdiction over
all accesses to the state highways. Please contact CDOT to verify the
access permit or for any additional requirement that may be needed to
obtain or upgrade the permit.
F. A copy of the signed Western Area Power Administration crossing
agreement/easement shall be submitted to the Department of Planning
Services.
G. An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location. Road maintenance including, but not limited
to, dust control, damage repair, specified haul routes and future traffic
triggers for improvements will be included.
H. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0032.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-520 of
the Weld County Code.
4) The final location of the permanent gas pipeline easement with
dimension of permanent easement, property ownership, parcel
number, all easements of record, and all physical encumbrances.
5) County Road 4 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 right-of-way. This road is maintained by
Weld County.
6) County Road 8 west of U.S. Highway 85 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
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applicant shall delineate on the site plan the existing right-of-way.
All setbacks shall be measured from the edge of right-of-way. This
road is maintained by Weld County.
7) County Road 21 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 right-of-way. This road is maintained by
Weld County.
8) County Road 6 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the future and existing right-of-way. All
setbacks shall be measured from the edge of future right-of-way.
This road is maintained by Weld County.
9) County Road 8 east of U.S. Highway 85 is a paved road and is
designated on the Weld County Functional Classification Map as a
collector road which requires 80 feet of right-of-way at full buildout.
The applicant shall delineate on the site plan the future and existing
right-of-way. All setbacks shall be measured from the edge of future
right-of-way. This road is maintained by Weld County.
10) County Road 23 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the future and existing right-of-way. All
setbacks shall be measured from the edge of future right-of-way.
This road is maintained by Weld County.
11) County Road 2 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the future and existing right-of-way. All
setbacks shall be measured from the edge of future right-of-way.
This road is maintained by Weld County.
12) County Road 19 is a paved road and is designated on the Weld
County Functional Classification Map as an arterial road which
requires 140 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the future and existing right-of-way. All
setbacks shall be measured from the edge of future right-of-way.
This road is maintained by Weld County.
13) County Road 10 Section Line is shown to have 30 feet of
unmaintained section line right-of-way per the Weld County GIS
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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 right-of-way.
14) County Road 31 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 right-of-way.
15) County Road 33 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 right-of-way.
16) Show and label the approved access(es), and the appropriate
turning radii (60 -foot) on the site plan.
17) Show the approved Colorado Department of Transportation
(CDOT) access(es) on the site plan and label with the approved
access permit number, if applicable.
18) Show the approved City of Brighton access(es) on the site plan and
label with the approved access permit number, if applicable.
19) Show and label the section line Right -of -Way as "CR 10 Section
Line Right -of -Way, not County maintained."
20) Show and label the section line Right -of -Way as "CR 31 Section
Line Right -of -Way, not County maintained."
21) Show and label the section line Right -of -Way as "CR 33 Section
Line Right -of -Way, not County maintained."
22) The Colorado Department of Transportation (CDOT) crossing
agreement reception number for the subsurface high pressure
natural gas pipeline.
23) The Union Pacific Railroad crossing agreement reception number
for the subsurface high pressure natural gas pipeline.
24) The Western Area Power Administration crossing agreement
reception number for the subsurface high pressure natural gas
pipeline.
25) The crossing agreement reception number for all irrigation ditches
and canals.
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26) Show the approved Colorado Department of Transportation, Union
Pacific Railroad and Weld County accesses on the map and label
with the approved access permit numbers.
27) Show the floodplain and floodway (if applicable) boundaries on the
map. Label the floodplain boundaries with the FEMA Flood Zone
and FEMA Map Panel Number or appropriate study.
28) Show and label all recorded easements on the map by book and
page number or reception number and date on the plan.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy or one (1) electronic copy (.pdf) of the map for preliminary approval
to the Weld County Department of Planning Services. Upon approval of the map
the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval. The Mylar map shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The
map shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar map and additional requirements shall be
submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying
the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall be added for each additional three (3)
month period.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet), etc.). This digital file may be sent to maps@co.weld.co.us.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed for construction of non -pipeline
items such as structures, parking lots, laydown yards et cetera, a Weld
County Grading Permit will be required prior to the start of construction.
B. Any improvements or new construction in the floodplain require a Flood
Hazard Development Permit.
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6. 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 in the Department of Planning Services.
7. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review map
is ready to be recorded in the office of the Weld County Clerk and Recorder or the
applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of October, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datiadt) C�jC;tok
Weld County Clerk to the Board
arbara Kirkmeyer
County" ttorney
Date of signature: t o' 3 l ! (7
AA', QO
JuTie A. Cozad, Chair
Steve Moreno, Pro -Tern
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DISCOVERY MIDSTREAM PARTNERS, LLC
USR17-0032
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0032, is
for a greater than 12 -inch high pressure natural gas pipeline (20 -inch) approximately
15.2 miles long in the A (Agricultural) Zone District, subject to the Development Standards
stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The 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 Districts and the Weld County Office of Emergency
Management to the Department of Planning Services.
4. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
5. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
6. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
7. The historical flow patterns and runoff amounts on the site will be maintained.
8. Weld County is not responsible for the maintenance of on -site drainage related features.
9. 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.
10. 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.
11. 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.
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12. 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.
13. 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.
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, Colorado
Department of Public Health and Environment, as applicable.
15. Adequate handwashing and toilet facilities shall be provided. Portable toilets are
acceptable. Portable toilets shall be serviced by a cleaner licensed in Weld County and
shall contain hand sanitizers.
16. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
17. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map #08123C -2115E, effective date January 20,
2016, (South Platte River Floodplain) and Panel Map #08123C -2115E and 2110E (Big
Dry Creek Floodplain). Any development shall comply with all applicable Weld County
requirements, Colorado Water Conservation Board requirements as described in Rules
and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and
requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of
development is any man-made change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials.
18. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
19. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
20. 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.
21. 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
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permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
22. 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.
23. 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 person 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.
24. 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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