HomeMy WebLinkAbout20150758.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY
SPECIAL REVIEW, USR14-0081 (FORMERLY KNOWN AS MUSR11-0004), FOR
MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT AND
SERVICE (CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALT WATER
INJECTION FACILITY, WATER RECYCLING, A TRUCK TANKER WASHOUT
FACILITY, MOBILE SOLIDS PROCESSING FACILITY AND A TANK STORAGE
AREA WITH CONFINEMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT - HIGH
SIERRA WATER SERVICES, LLC, C/O NGL WATER SOLUTIONS DJ, 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 March, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of High Sierra Water Services, LLC, do NGL Water Solutions DJ, LLC,
8207 W. 20th Street, Suite B, Greeley, CO 80634, for a Site Specific Development Plan and
Amended Use by Special Review, USR14-0081 (formerly known as MUSR11-0004), for Mineral
Resource Development Facilities, Oil and Gas Support and Service (Class II Oilfield Waste
Disposal Facility — salt water injection facility, water recycling, a truck tanker washout facility,
mobile solids processing facility and a tank storage area with confinement) in the A (Agricultural)
Zone District, on the following described real estate, being more particularly described as
follows:
S1/2 SE1/4 of Section 30, Township 3 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Doug White,
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 23-2-230.B.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 22-4-140.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 1.1 states: "Due
to the impacts from surface impoundments and increasing public
concern about them, other alternatives for disposal should be
considered." The proposal is for a Class II Brinewater Injection
Well and associated facilities and will be permitted through the
Colorado Oil and Gas Conservation Commission prior to
operation.
2) Section 22-4-140.8 (EP.Goal 2) 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." This
proposal has been reviewed by the appropriate referral agencies
and it has been determined that the attached Conditions of
Approval and Development Standards ensure that there are
adequate provisions for the protection of the health, safety and
welfare of the inhabitants of the neighborhood and county.
3) Section 22-4-30.A (WA.Goal 1) states: "Support the development
of water that is put to beneficial use, along with associated
infrastructure." The proposed water recycling facility and load out
facility will provide a valuable and indispensable service to oil and
gas companies. The centralized location for load out minimizes
the removal of agricultural land from production.
4) Section 22-6-20.C.1 (ECON.Policy 3.1) states: "County activities
and regulation should protect the rights of private property owners
and the public health, safety and welfare, recognizing that these
basic rights and protections allow the free market to prosper and
grow the local economy."This proposal has been reviewed by the
appropriate referral agencies and it has been determined that the
attached Conditions of Approval and Development Standards
ensure that there are adequate provisions for the protection of the
health, safety and welfare of the inhabitants of the neighborhood
and county.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A.2 of the Weld County
Code provides for Mineral Resource Development Facilities, Oil and Gas
Support and Service (Class II Oilfield Waste Disposal Facility - saltwater
injection facility, water recycling, a truck tanker washout facility, solids
processing facility, and a tank storage area with containment) as a Use by
Special Review in the A (Agricultural) Zone District.
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C. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is bordered
by agricultural uses; the surrounding properties are primarily rangeland
and grazing lands with sparsely located single family homes. There are
five property owners and two residences in the general area with the
nearest occupied residence approximately 1500 feet to the North of the
improvements associated with the facility, and the second unoccupied
residence located southeast of the improvements associated with the
facility. Oil and gas facilities are existing encumbrances on this parcel
and adjacent properties, with the surrounding land form in native
vegetation. The Department of Planning Services Department has
received no letters, telephone calls, electronic mail from adjacent or
surrounding property owners or interested persons. The Conditions of
Approval and Development Standards will ensure that this use will be
compatible with surrounding land uses.
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 the three (3) mile referral for a
municipality.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. 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 an 80-acre parcel of
land and the facility's footprint will be approximately ten acres in area.
The land not associated will remain in dryland grasses. The soils are
predominately designated as "Other," per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map.
G. Section 23-2-230.6.7 -- The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards ensure that
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of High Sierra Water Services, LLC, do NGL Water
Solutions DJ, LLC, for a Site Specific Development Plan and Amended Use by Special Review,
USR14-0081 (formerly known as MUSR11-0004), for Mineral Resource Development Facilities,
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Oil and Gas Support and Service (Class II Oilfield Waste Disposal Facility — salt water injection
facility, water recycling, a truck tanker washout facility, mobile solids processing facility and a
tank storage area with confinement) 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. The Map shall be amended to delineate the following:
1) All sheets of the USR Map shall be labeled USR14-0081.
2) The USR Map shall be prepared per Section 23-2-260.D of the
Weld County Code.
3) The attached Development Standards.
4) County Road 39 is a paved road and is designated on the Weld
County Road Classification Plan as a Collector road, which
requires 80 feet of right-of-way at full buildout. The applicant shall
verify and delineate on the plat the future and existing right-of-way
and the documents creating the existing right-of-way. If the
existing right-of-way cannot be verified, it shall be dedicated. All
setbacks shall be measured from the edge of the future
right-of-way. This road is maintained by Weld County.
5) County Road 28 is an unmaintained section line right-of-way. The
applicant shall verify and delineate on the map the existing
right-of-way and the documents creating the right-of-way. All
setbacks shall be measured from the edge of right-of-way. This
road is not maintained by Weld County.
6) The applicant shall show the approved access on the map and
label with the Approved Access Permit Number (AP14-00273).
7) The applicant shall show and label standard tracking control onto
publically maintained roadways on the map.
8) The applicant shall show the accepted water quality feature on the
map and label as (Water Quality Feature, No-Build or Storage
Area), as well as the design volume.
9) The applicant shall show and label the drainage flow arrows, sixty
(60) foot turning radii, and parking and circulation on the map.
10) The applicant shall indicate, specifically on the plat, any
right-of-way and/or easements and indicate whether they are
dedicated, private, or deeded and label with recorded document,
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book and page and/or reception number to provide adequate
access to the parcel.
11) If applicable, the applicant shall complete a Nonexclusive License
Agreement for the upgrade and maintenance of Weld County
Right-of-Way.
12) The applicant shall show and label the tank storage area on the
plat.
B. An Improvements Agreement and Road Maintenance Agreement is
required for off-site improvements at this site. Road maintenance
including dust control, damage repair, specified haul routes and future
triggers for improvements will be included.
C. In the event washing of vehicles occurs on-site, the applicant shall ensure
that any vehicle washing area(s) shall capture all effluent and prevent
discharges from the washing of vehicles in accordance with the Rules
and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. Vehicle washing areas should be
designated on the plat.
D. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment. The plan shall include, at a minimum,
the following:
1) A list of wastes which are expected to be generated on-site (this
should include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored
on-site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
4) Solids and sediment will accumulate in the storage tanks. The
Waste Handling Plan shall include a detailed plan that describes
the method of how those solids will be removed, including all
on-site handling procedures.
5) The Waste Handling Plan shall provide a commitment to notify the
Weld County Department of Public Health and Environment, in
writing, in the event the plan is amended. The plan shall be
reviewed and approved by the Weld County Department of Public
Health and Environment.
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E. The applicant shall attempt to address the concerns of the
Platteville-Gilcrest Fire Protection District, as stated in the referral dated
January 14, 2015.
2. A leak detection system shall be designed and installed beneath the concrete
unloading pad(s), piping, and sump(s). The plans and engineered drawings will
be stamped and signed by a Colorado registered professional engineer. Plans
shall be submitted to, and accepted by, the Weld County Department of Public
Health and Environment. Evidence of such shall be submitted, in writing, to the
Department of Planning Services.
3. Detailed plans for the concrete secondary containment structure for all storage
and processing tanks shall be submitted for acceptance. Secondary containment
volume shall provide containment for the entire contents of the largest single tank
plus sufficient freeboard to allow for precipitation. The plans and engineered
drawings will be stamped and signed by a Colorado registered physical engineer.
The Weld County Department of Public Health and Environment will consider
structures other than concrete, provided a Colorado registered physical engineer
provides a certification indicating that the proposed alternate containment system
meets, or exceeds, the function of a concrete system with regard to containment,
spills, and unintended releases. Plans shall be submitted to, and accepted by,
the Weld County Department of Public Health and Environment.
4. 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.
5. The Department of Planning Services respectfully requests the surveyor provide
a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg,
.dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles,
Arclnfo Coverages and Arclnfo Export files format type is .e00. 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.
6. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat 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.
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7. 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. The applicant
may contact the Department of Planning Services - Engineer for
application information.
8. Prior to the issuance of the Certificate of Occupancy:
A. In the event the applicant intends to utilize the existing septic system, 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
hydraulic load. The review shall be submitted to the Environmental Health
Services Division of the Weld County 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. Alternately, a new septic system may be installed for
business use.
B. The applicant shall submit evidence of an Underground Injection Control
(UIC) Class V Injection Well Permit from the Environmental Protection
Agency (EPA) for any large-capacity septic system (a septic system with
the capacity to serve 20 or more persons per day). Alternately, the
applicant can provide evidence from the EPA that they are not subject to
the EPA Class V requirements.
9. 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. The applicant
shall submit evidence of acceptance to the Department of Planning
Services.
10. Within six (6) months of Operation:
A. The applicant shall submit documentation to the Weld County Department
of Public Health and Environment that the facility was constructed in
accordance with the application materials.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of March, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
C� (ATTEST: .Z&O;e4, c b 6 f /t:/7
"St-
/6arbara Kirkmeyer, ¢hair
Weld County rk to theSoard
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Mike Freeman, Pro-Tern
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Deputy CI to the Board
Sean P. Conway
APPROV D AS TO FORM: ����► � +1�� �/ -
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County Attorney
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Date of signature: N
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HIGH SIERRA WATER SERVICES, LLC, C/O NGL WATER SOLUTIONS DJ, LLC
USR14-0081
1. The Site Specific Development Plan and Amended Use by Special Review,
USR14-0081 (formerly known as MUSR11-0004), for Mineral Resource Development
Facilities, Oil and Gas Support and Service (Class II Oilfield Waste Disposal Facility —
salt water injection facility, water recycling, a truck tanker washout facility, mobile solids
processing facility and a tank storage area with confinement) in the A (Agricultural) Zone
District, as indicated in the application materials on file and subject to the Development
Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. No disposal of waste, other than Class II, as currently defined by the Environmental
Protection Agency, is permitted. Any changes from the approved Class II Use will
require an amendment to this Use by Special Review Permit.
4. All liquid wastes received at the facility shall be unloaded on the unloading pad. The
unloading/loading pad leak detection system shall be constructed and operated in
accordance with the approved design. The unloading pad shall be cleaned at a
frequency that prevents oils and other wastes from building up on the pad. During winter
months, the facility shall maintain the unloading pad free of ice.
5. Analytical waste data and environmental monitoring data shall be made available to the
Weld County Department of Public Health and Environment (WCDHE), upon request.
The WCDHE reserves the right to require additional monitoring.
6. 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.
7. 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., or those
wastes outlined in the approved Engineering Design and Operation Plan (EDOP).
8. Any stained or contaminated soils on the facility shall be removed and disposed of in
accordance with applicable rules and regulations. All spills will be documented and
records will be kept on-site for WCDPHE review upon request. All spills will be reported
to local, state and federal agencies in accordance with all state and federal regulations.
9. 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.
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10. All tanks will be labeled in accordance with Colorado Oil and Gas Conservation
Commission and National Fire Protection Association (NFPA) requirements.
11. The facility shall comply with the approved Groundwater Monitoring Plan. Groundwater
monitoring and leak detection results will be reported to WCDPHE in accordance with
the Groundwater Monitoring Plan reporting.
12. All stormwater which has come into contact with waste materials on the site, shall be
confined on the site. In the event the storm water is not adequately controlled on the site,
upon written notification from the WCDPHE or Colorado Department of Public Health
and Environment (CDPHE), a comprehensive site-wide Stormwater Plan shall be
developed or amended and implemented. All contaminated solids shall be covered and
stored on an impervious surface to prevent and contain storm water that may come into
contact with the solids. The Stormwater Plan must be approved, in writing, by the
WCDPHE or CDPHE, prior to implementation.
13. 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. Laboratory wastes will not be disposed of in the facility's septic system. The
facility shall operate in accordance with the approved Waste Handling Plan, at all times.
14. The facility shall operate in accordance with the CDPHE approved Design and
Operations Plan(s). The facility shall recycle at least 75% of the total waste weight or
volume processed at the solids processing facility and water treatment and conditioning
(recycling) facility. Should the facility not recycle 75% of the material, an amendment to
this Use by Special Review Permit or a Certificate of Designation may be required. A
copy of the annual Recycling Facility Annual Reporting Form shall be submitted to the
CDPHE and the WCDPHE by March 1st of each year.
15. The WCDPHE will be notified prior to the closure of the facility. Upon site closure, the
facility will remove all wastes from the site and decontaminate all equipment, tanks, and
secondary containment. All wastes removed from the site during closure activities will be
disposed of off-site, in accordance with all state and federal rules and regulations and
with Weld County Code.
16. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall operate in accordance with the approved Dust Abatement Plan, at all times.
17. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-Specified Zone, as delineated in Section 14-9-30 of the Weld County Code, or with
all applicable state noise statutes and/or regulations.
18. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. If employees or contractors are on-site for less than
two (2) consecutive hours a day, or less than two (2) full-time employees are 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 Weld County Department of Public Health and Environment. Portable
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toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand
sanitizers.
19. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
On-site Wastewater Treatment Systems.
20. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The facility shall utilize the private water supply.
21. All potentially hazardous chemicals must be handled in a safe manner in accordance
with product labeling and in a manner that minimizes the release of Hazardous Air
Pollutants (HAPs) and Volatile Organic Compounds (VOCs). All chemicals must be
stored securely, on an impervious surface, and in accordance with manufacturer's
recommendations.
22. A current professional engineer-certified and signed Spill Prevention, Control and
Countermeasure Plan copy shall be available on-site, at all times.
23. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
24. The property owner or operator shall provide written evidence of an 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.
25. 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.
26. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
27. The historical flow patterns and runoff amounts will be maintained on the site.
28. Weld County is not responsible for the maintenance of on-site drainage related features.
29. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
30. Prior to the drilling of the second well, a revised traffic study shall be submitted to the
Department of Public Works to determine if roadway improvement triggers have been
met.
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31. Hours of operation are twenty-four (24) hours each day, seven (7) days per week, 365
days per year.
32. Buildings.. equipment and structures shall conform to the requirements of the various
codes adopted at the time of permit application. Currently, the following have been
adopted by Weld County: 2012 International Codes, 2006 International Energy Code,
2012 International Fuel Gas Code, 2011 National Electrical Code, 2009 ANSI 117.1
Accessibility Code and Chapter 29 of the Weld County Code.
33. Building permits issued on the property will be required to adhere to the fee structure of
the County-Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee
Programs.
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.
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. 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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