HomeMy WebLinkAbout20162987RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0048, FOR A SOLID WASTE DISPOSAL SITE AND FACILITY (A
DESIGNATED COMMERCIAL EXPLORATION AND PRODUCTION WASTE
MANAGEMENT FACILITY THAT WILL RECEIVE EXPLORATION AND PRODUCTION
WASTES WHICH ARE NON -HAZARDOUS AND MAY CONTAIN VERY LOW
CONCENTRATIONS OF NATURALLY OCCURRING RADIOACTIVE MATERIALS
(NORM) AND TECHNICALLY ENHANCED NATURALLY OCCURRING
RADIOACTIVE MATERIALS (TENORM)), PURSUANT TO COLORADO STATE
STATUTE AND AS DEFINED AND REGULATED BY COLORADO DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT IN THE A (AGRICULTURAL) ZONE DISTRICT
- PAWNEE WASTE, LLC
WHEREAS, the Board of County Commissioners of Weld County. Colorado. pursuant to
Colorado statute and the Weld County Home Rule Charter. is vested with the authority of
administering the affairs of Weld County. Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 28th day of
September. 2016. at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Pawnee Waste. LLC. 57996 CR 95. Grover. CO 80729. for a Site
Specific Development Plan and Use by Special Review Permit, USR15-0048. for a Solid Waste
Disposal Site and Facility (A Designated Commercial Exploration and Production Waste
Management Facility that will receive exploration wastes which are non -hazardous and may
contain very low concentrations of naturally occurring radioactive materials (NORM)
and technically enhanced naturally occurring radioactive materials (TENORM)). pursuant to
Colorado State Statute and as defined and regulated by Colorado Department of Public Health
and Environment in the A (Agricultural) Zone District on the following described real estate. being
more particularly described as follows:
NE1/4, and E1/2 NW1/4 of Section 13, Township 10,
Range 61 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Pam Nora and
Janet Johnson of TetraTech. 1900 S. Sunset. Suite 1E, Longmont, CO 80501, and Jeff Rusch of
Golder Associates, 44 Union BLVD, Suite 300. Lakewood, CO 80228, and Gene Coppola, P.O.
Box 630027, Littleton, CO 80163. 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:
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.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-4-140.A (EP.Goal 1) states: "Encourage the
minimization of mineral resource exploration and production waste
and require the safe disposal of it:" and (EP.Policy 1) states: "Due
to the impacts from surface impoundments and increasing public
concern about them, other alternatives for disposal should be
considered." The facility will utilize a multiple liner system and a
solidification process in order to ensure only wastes without free
liquids are landfilled. The facility will establish multiple strategically
located monitoring wells and has developed a detailed Waste
Acceptance Plan to ensure that only wastes approved by
the County and Colorado Department of Public Health and
Environment (CDPHE) will be received. The proposed facility is
adjacent to an existing Class II Brinewater Disposal Facility.
2) Section 22-4-140.B states: "Mineral resource exploration and
production waste facilities should be planned, located. designed
and operated to encourage compatibility with surrounding land uses
in terms of items such as general use, scale, height, traffic, dust,
noise and visual pollution." The proposed facility is located in a rural
area without residential development and is adjacent to an existing
Class II Brinewater Disposal, Water Recycling and a Truck Tanker
Washout Facility (NGL Water Solutions, DJ, C-9 Facility —
USR14-0070).
3) Section 22-4-140.B.1 (EP.Policy 2.1) states: "In reviewing the
operational and reclamation plans for solid and brine waste disposal
facilities, the County should impose such conditions as necessary
to minimize or eliminate the potential adverse impact of the
operation on surrounding properties and wildlife resources."
Development Standards regulating noise and the disposal of waste
are included. Colorado Parks and Wildlife did not return a referral
indicating a conflict with their interests.
4) Section 22-4-140.B.2 (EP.Policy 2.2) states: "All applicable land
use applications will be reviewed by the Department of Public
Health and Environment for compatibility with federal, state and
County statutes, regulations and ordinances." The application has
been reviewed and conditionally approved by both the CDPHE and
Weld County Department of Public Health and Environment
(WCDPHE).
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Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.1 of the Weld County
Code provides for Solid Waste Disposal Sites and Facilities or hazardous
waste disposal sites. Pursuant to Weld County Code section 23-4-380.B,
the Board of County Commissioners finds that the Applicant has
demonstrated a need for the facility in Weld County and in the
A (Agricultural) Zone District. to dispose of TENORM waste in a more
environmentally safe manner.
Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The site and surrounding areas
are non -irrigated rangeland that are generally used for cattle grazing and
oil and gas facilities. There are very few residences in the area, the
closest one being about a mile and a half to the west. Immediately to the
west is a Water Loadout Facility permitted under USR-1787 and an
amended USR under USR12-0077 for a Water Recycling and a Water
Supply and Storage Upload Facility and Truck Tanker Washout Facility.
Adjacent to this facility is the NGL Water Solutions DJ, LLC. Class II Oilfield
Waste Disposal Facility - Saltwater Injection Facility, Water Recycling and
a Truck Tanker Washout Facility (USR14-0070). Approximately one (1)
mile to the west from the intersection of County Road (CR) 95 and CR 118,
on CR 118. is an Oil and Gas Support and Service Facility (commercial
water depot) permitted with USR11-0019. On June 2, 2016. the
applicants held a community meeting at the Pawnee Fire Protection District
Fire Station in Grover. Eight community members attended the meeting.
primarily to obtain more information about the proposed facility.
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 Grover. The Town, in the referral comments dated
July 14. 2016, indicated that they have concerns regarding the area roads
due to increases in truck traffic into and out of the facility which causes
additional wear and tear and dust related conditions on CR 390, as well as
Town of Grover roads. There was also concerns regarding contamination
of the Town water supply. The Town requested assurances that an
Emergency Action Plan be in place prior to any type of hazardous event.
The Department of Public Works will require an Improvements Agreement
and Road Maintenance Agreement for this site. Road maintenance.
including dust control, damage repair, and triggers for improvements will
be included. The Colorado State Engineers Office has approved a
commercial well for the commercial non -hazardous oil and gas waste
landfill. The depth of the well will be 150 feet. which corresponds to the
base of the White River aquifer. Development Standards also address
health safety issues, including that the facility shall be operated in a manner
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which protects against surface and groundwater contamination and the
facility is required to operate in accordance with the approved Engineering
Design and Operations Plan.
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.
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 proposed facility is located on a parcel approximately
240 acres in area and within this parcel a 74 -acre area will be utilized for
the Pawnee Waste Facility. The soil type is "Prime" if they become Irrigated
per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map.
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 Pawnee Waste, LLC. for a Site Specific Development
Plan and Use by Special Review Permit, USR15-0048. for a Solid Waste Disposal Site and Facility
(A Designated Commercial Exploration and Production Waste Management Facility that will
receive exploration wastes which are non -hazardous and may contain very low concentrations of
naturally occurring radioactive materials (NORM) and technically enhanced naturally occurring
radioactive materials (TENORM)). pursuant to Colorado State Statute and as defined and
regulated by Colorado Department of Public Health and Environment 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 Agreement and Road Maintenance Agreement is
required for this site. Road maintenance, including dust control. damage
repair. designated haul routes (CR 95. CR 112. CR 118, andCR 390), and
triggers for improvements will be included.
B. An accepted Final Drainage Report and Certificate of Compliance,
stamped and signed by a Professional Engineer registered in the State of
Colorado, is required.
The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR15-0048.
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2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The map shall delineate the landscape treatment as set forth in the
approved Engineering Design and Operations Plan (EDOP).
6) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 and Appendices 23-C. 23-D and 23-E of the
Weld County Code.
7) CR 95 is a gravel road and is designated on the Weld County Road
Classification Plan as a local road, which requires 60 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.
8) CR 118 is a gravel road and is designated on the Weld County Road
Classification Plan as a local road, which requires 60 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) CR 118 Section Line is estimated to have 60 feet of unmaintained
section line right-of-way per the Weld County GIS right-of-way map.
The applicant shall delineate the existing right-of-way on the site
plan. All setbacks shall be measured from the edge of right-of-way.
10) Show the approved access on the map and label with the approved
Access Permit Number, AP15-00123.
11) Show and label the approved tracking control on the site plan.
12) Show and label the entrance gate set back a minimum of 100 feet
from edge of shoulder.
13) Show and label the section line right-of-way as "CR 118 Section
Line Right -of -Way, not County maintained. -
14) Show and label the accepted drainage features and drainage flow
arrows. Water quality features or stormwater ponds should be
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labeled as "Water Quality Feature/Storrnwater Detention. No -Build
or Storage Area- and shall include the calculated volume.
15) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property.
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 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 CAD formats are .dwg. .dxf.
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS
Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4).
(Group 6 is not acceptable). 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 prior to the start of construction.
B. The approved access and tracking control shall be constructed.
6. Prior to Operation:
A. Thirty (30) percent construction drawings for the paving of CR 112 and
CR 95 from the intersection of CR 390 and CR 112 to the intersection of
CR 118 and CR 95 are required prior to operation.
The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management, a representative designated by the
Town of Grover, and the Fire District. The plan shall be reviewed on an
annual basis by the Facility operator. the Fire District. the Weld County
Office of Emergency Management, and an official representative
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designated by the Town of Grover. Submit evidence of acceptance to the
Department of Planning Services.
7. Prior to the issuance of the Certificate of Occupancy:
A. An On -Site Wastewater Treatment System is required for the proposed
facility and shall be installed according to the Weld County On -site
Wastewater Treatment System Regulations. The septic system is required
to be designed by a Colorado Registered Professional Engineer according
to the Weld County On -site Wastewater Treatment System Regulations.
B. 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 28th day of September. A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
ATTEST: Wardivit) ,,,/ .�
.-LLD
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
AP ''• ED AST
Mike Freeman, Chair
Sean P. Conway. Pro-Tem
1
County Attorney Q�j �~��
Pl-tpet_ewt-ft-
nnr.9
Date of signature: It/ l / l Co
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PAWNEE WASTE, LLC
USR15-0048
A Site Specific Development Plan and Use by Special Review Permit,
USR15-0048. is for a Solid Waste Disposal Site and Facility (A Designated
Commercial Exploration and Production Waste Management Facility that will
receive exploration wastes which are non -hazardous and may contain very low
concentrations of naturally occurring radioactive materials (NORM)
and technically enhanced naturally occurring radioactive materials (TENORM),
pursuant to Colorado State Statute and as defined and regulated by Colorado
Department of Public Health and Environment 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, 365 days a year.
4. The number of on -site employees shall be ten (10).
5. The maximum number of daily trips shall not exceed 324.
6. The parking area on the site shall be maintained.
7. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C,
23-D and 23-E of the Weld County Code.
8. The 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, the official representative designated
by the Town of Grover, and the Weld County Office of Emergency Management to
the Department of Planning Services.
9. The facility shall operate in accordance with the approved Engineering Design and
Operations Plan (EDOP). Modifications to the Engineering Design and Operations
Plan may be required due to deviations from the approved use at the facility and/or
regulatory changes creating a substantial modification. If such changes occur,
approval of the modification will be required from the Hazardous Materials and
Waste Management Division of the Colorado Department of Public Health and
Environment (CDPHE) and the Weld County Board of County
Commissioners. Changes to the EDOP may require an amendment to the USR
or a clarification by the Board of County Commissioners.
10. Operations will not extend past Certificate of Designation boundaries of the
property.
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11. The facility shall adhere to the requirements set forth in the Certificate of
Designation. The Conditions of Approval and Development Standards set forth for
USR15-0048 shall be incorporated and adhered to under the Certificate of
Designation.
12. The facility shall submit evidence to the WCDPHE that financial assurance has
been obtained in accordance with CDPHE regulations pertaining to solid waste
sites and facilities.
13. The facility shall receive and manage only those materials that are described in
the approved EDOP and materials approved in accordance with the Waste
Identification Plan included in the EDOP.
14. All waste received at the facility shall be screened to ensure appropriate wastes
are being disposed of at the facility.
15. Should recycling or beneficial use activities occur at the facility related to
Exploration and Production waste, the facility shall operate in accordance with
CDPHE regulations pertaining to recycling or beneficial uses at solid waste sites
and facilities. Changes to the EDOP may require amending the USR.
16. The facility shall be operated in a manner which protects against surface and
groundwater contamination.
17. 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 facility shall operate in accordance with the
approved EDOP and with Chapter 14, Article I. of the Weld County Code, at all
times.
18. The property owner shall not permit any public nuisances on the property as
defined in Colorado Revised Statutes.
19. Fugitive dust shall attempt to be confined on the property. Uses on the property
shall comply with the Colorado Air Quality Commission's Air Quality Regulations.
20. As applicable, a Spill Prevention. Control and Countermeasure Plan. prepared in
accordance with the applicable provisions of 40 CFR. Part 112, shall be available
on -site.
21. 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.
22. All stormwater, which has come into contact with waste materials on the site, shall
be confined on the site in accordance with the approved EDOP.
23. Any tanks used on -site shall comply with the provisions of the State Underground
and Above Ground Storage Tank Regulations.
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24. 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.
25. All potentially hazardous chemicals used on -site must be handled in a safe manner
in accordance with product labeling. All chemicals must be stored secure. on an
impervious surface. and in accordance with manufacturer's recommendations.
26. Any reportable spills will be reported and documented in accordance with all state
and federal regulations and records will be kept onsite for WCDHHE review upon
request.
27. WCDPHE will be notified prior to the closure of the facility. Upon site closure, the
facility will comply with the Closure Plan outlined in the approved EDOP.
Documentation of closure activities will be provided to WCDPHE.
28. Adequate drinking. handwashing and toilet facilities shall be provided for
employees, at all times. For employees or contractors on -site for less than two (2)
consecutive hours a day, and two (2) or less full-time employees on -site. 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 WCDPHE. Portable toilets shall be serviced by a cleaner licensed
in Weld County and shall contain hand sanitizers.
29. Any septic system located on the property must comply with all provisions of the
Weld County Code, pertaining to On -site Wastewater Treatment Systems. A
permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
30. In the event the facility's water system serves more 25 persons on a daily basis.
the water system shall comply with the Colorado Primary Drinking Water
Regulations (5 CCR 1003-1).
31. The facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District, as delineated in Section 25-12-103, C.R.S.
32. Analytical waste data and environmental monitoring data shall be made available
to WCDPHE upon request. The WCDPHE reserves the right to require additional
monitoring which may require an amendment to the USR.
33. The operation shall comply with all applicable rules and regulations of state and
federal agencies and the Weld County Code.
34. 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
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motor vehicles on public or private streets. No colored lights may be used which
may be confused with. or construed as. traffic control devices.
35. The property owner or operator shall be responsible for controlling noxious weeds
on the site. pursuant to Chapter 15. Article I and II. of the Weld County Code.
36. The access to the site shall be maintained to mitigate any impacts to the public
road including damages and/or offsite tracking.
37. There shall be no parking or staging of vehicles on public roads. On -site parking
shall be utilized.
38. Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
39. The historical flow patterns and runoff amounts on the site will be maintained.
40. Weld County is not responsible for the maintenance of on -site drainage related
features.
41. 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.
42. The property owner or operator shall be responsible for complying with the Design
and Operation Standards of Chapter 23 of the Weld County Code.
43. 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.
44. 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.
45. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
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Development Standards may be reason for revocation of the Permit by the Board
of County Commissioners.
46. 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. Often times.
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.
47. 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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