HomeMy WebLinkAbout20152491.tiff RESOLUTION
RE : APPROVE AN AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE
BY SPECIAL REVIEW PERMIT, USR15-0027 ( FORMERLY KNOWN AS USR-1584)
FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE , OR USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(CONSTRUCTION BUSINESS WITH TWO SHOP BUILDINGS, OFFICE BUILDINGS,
AND OUTDOOR STORAGE) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN
APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN
FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS TO INCLUDE A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING ASPHALT AND CONCRETE BATCH PLANTS ( MATERIALS
PROCESSING ) AND TRANSLOADING IN THE A (AGRICULTURAL) ZONE DISTRICT
- WELD LV, LLC , AND GERRARD INVESTMENTS, LLC , C/O MARTIN MARIETTA
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 12th day of
August, 2015 , at the hour of 9 : 00 a. m . , in the Chambers of the Board , for the purpose of hearing
the application of Weld LV, LLC , 3821 Derby Trail , Round Rock, TX 78681 . and Gerrard
Investments . LLC , 27486 CR 13 . Loveland . CO 80534, c/o Martin Marietta , 10170 Church Ranch
Way, Suite 201 , Westminster, CO 80021 , for an Amendment to a Site Specific Development Plan
and Use by Special Review Permit, USR15-0027 (formerly known as USR- 1584) for any Use
permitted as a Use by Right. Accessory Use. or Use by Special Review in the Commercial or
Industrial Zone Districts (construction business with two shop buildings, office buildings, and
outdoor storage) provided that the property is not a lot in an approved or recorded subdivision
plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions to
include a Mineral Resource Development Facility , including asphalt and concrete batch plants
(materials processing) and transloading in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot B of Recorded Exemption . RE-2803: being part
of the SW1 /4 and SE1 /4 . and a tract being part of
the SW1 /4 , all in Section 18 , Township 5 North ,
Range 67 West of the 6th P. M . , Weld County,
Colorado
WHEREAS, at said hearing , the applicant was present. and represented by Carolynne
White , Attorney, and Pam Hora , Tetra Tech . 1900 S . Sunset St. , Suite 1E , Longmont. CO 80501 ,
and ,
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
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WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the unfavorable
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 ordinances in effect.
B . Section 23-2-230. B. 2 -- The proposed use is consistent with the intent of
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 .
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 .
E . 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 .
F . 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 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 Weld LV. LLC , and Gerrard Investments, LLC , c/o Martin
Marietta , for an Amendment to a Site Specific Development Plan and Use by Special Review
Permit, USR15-0027 (formerly known as USR- 1584) for any Use permitted as a Use by Right,
Accessory Use , or Use by Special Review in the Commercial or Industrial Zone Districts
(construction business with two shop buildings , office buildings. and outdoor storage) provided
that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan
filed prior to adoption of any regulations controlling subdivisions to include a Mineral Resource
Development Facility, including asphalt and concrete batch plants (materials processing) and
transloading in the A (Agricultural) Zone District, on the parcel of land described above be, and
hereby is , granted subject to the following conditions :
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1 . Prior to recording the map:
A. An Improvements and Road Maintenance Agreement is required for off-site
improvements at this location . Road maintenance, including dust control ,
damage repair, specified haul routes and future traffic triggers for
improvements will be included . The Improvements and Road Maintenance
Agreement shall include requirements related to the appearance of
buildings on the site , based on consultation by the applicant with the
Community Work Group, established by the applicant.
1 ) The haul route shall be north to U . S . Highway 34 and south to
CR 54 .
2) The applicant will be responsible for the installation of auxiliary
lanes at the intersection of CR 54 and CR 13 when triggers are met.
A southbound right turn lane will be required when 25 vehicles per
hour (vph) turn right onto CR 54 during a peak hour. A westbound
right deceleration lane will be installed on CR 54 when 25 vph turn
right onto CR 13 during a peak hour.
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 . Union Pacific shall apply for a railroad diagnostic for the crossings of
CR 13 . CR 15 , CR 52, and CR 17 . The railroad diagnostic will determine if
there is a safety issue with the increase of train traffic at these locations
that would require the installation of crossing arms or signals. If any
improvements are required at any of these locations as a direct result of
the additional trains visiting the Highway 34 Development, Martin Marietta
will be responsible for the local portion (Weld County) of the project cost.
D . The applicant shall attempt to address the requirements of CDOT, as
stated in the referral response dated July 6, 2015. Evidence of such shall
be submitted , in writing , to the Weld County Department of Planning
Services .
E . The applicant shall attempt to address the requirements of the Weld County
Department of Public Works, as stated in the referral response dated
July 6 , 2015 . Evidence of such shall be submitted , in writing , to the Weld
County Department of Planning Services . The applicant is required to
construct the following roadway improvements :
1 ) Installation of a southbound left deceleration lane at the facility
entrance.
2) Installation of a northbound right acceleration lane at the facility
entrance.
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3) Installation of a northbound right deceleration lane at the facility
entrance.
4) Installation of a traffic signal at the intersection of CR 13 and U . S .
Highway 34 .
5) Upgrade of the existing auxiliary turn lanes on U . S . Highway 34 .
The turn lanes will be brought up to standard for length , taper, and
storage, unless waived by CDOT.
F. The applicant shall address the requirements (concerns) of the Weld
County Department of Building Inspection , as stated in the referral
response dated June 4, 2015 . Evidence of such shall be submitted , in
writing , to the Weld County Department of Planning Services .
G . The applicant shall attempt to address the concerns of the Northern
Colorado Water Conservancy District, as stated in the referral response
dated May 1 , 2015. Evidence of such shall be submitted . in writing . to the
Weld County Department of Planning Services .
H . The map shall be amended to delineate the following :
1 ) All sheets of the map shall be labeled USR15-0027 .
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260. D of the Weld
County Code.
4) The applicant shall delineate the trash collection areas . Section
23-3-350. H of the Weld County Code addresses the issue of trash
collection areas.
5) Delineate the approved landscaping/screening . Landscaping/
screening shall include , at a minimum . decorative fencing in key
areas based upon the applicant's consultation with the Community
Work Group.
6) Delineate the lighting for the site . All light poles are limited to a
maximum of 25 feet in height.
7) The parking areas shall adhere to Appendices 23-A and 23-B of the
Weld County Code .
8) Show and label the approved access(es) , turning radii , and access
permit number(s) .
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9) Show and label the entrance gate setback a minimum of 100 feet
from the edge of shoulder.
10) Show and label all off-site auxiliary lane improvements at the
access location .
11 ) All structures should be painted an earth tone color.
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 .
6 . Prior to Operation :
A. Accepted construction drawings and construction of the off-site roadway
improvements are required .
B. 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.
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C . The applicant shall submit a Decommissioning Plan to the Department of
Planning Services for review and approval . The Decommissioning Plan
shall include a detailed plan with time frames or milestones after
termination of operations for restoring the property to its condition which
existed prior to commencement of operations .
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 12th day of August. A. D . , 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: /� � %;� � / L (u•
Barbara Kirkmeyer. Chair
Weld County Cle to the Board ,� ,` E
reeman , Pro-Tem
186! I j :•;�-� _;�
De • ty Clerk to the Board
PIP9.8 e . l P. Conway
AP VEDA M : `-J � 'etc/ Ogr-c4C3 Julie A. Cozad
o At rn 1 -4.-3( �
Y Cl/Le-t,-_Q_
Steve Moreno
Date of signature : 77/5//6
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WELD LV, LLC, AND GERRARD INVESTMENTS, LLC ,
C/O MARTIN MARIETTA
USR15-0027
1 . An Amendment to a Site Specific Development Plan and Use by Special Review Permit,
USR15-0027 (formerly known as USR- 1584) , is for any Use permitted as a Use by Right,
Accessory Use , or Use by Special Review, in the Commercial or Industrial Zone Districts
(construction business with two shop buildings, office buildings. and outdoor storage)
provided that the property is not a lot in an approved or recorded subdivision plat or part
of a map or plan filed prior to adoption of any regulations controlling subdivisions to include
a Mineral Resource Development Facility. including asphalt and concrete batch plants
(materials processing ) and transloading 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 number of on-site employees for Gerrard Construction shall be 36, as stated by the
applicant.
4. The number of on-site employees for Martin Marietta shall be 75 full-time employees , 50
truck drivers, and 30 field construction workers, as stated by the applicant.
5. The hours of operation for Gerrard Construction shall be 6 : 00 a . m . to 6 : 30 p. m . . Monday
through Friday, and 7 : 00 a . m . to 12 : 00 p. m . . Saturday, as stated by the applicant.
6 . The hours of operation for Martin Marietta shall be the following :
A. Hours of Operation for Asphalt:
1 ) The plant will typically only operate Monday through Saturday.
2) The standard hours of plant operation will be limited to one hour before
sunrise to one hour after sunset.
3) Load-out from storage silos will be limited to one hour before sunrise to one
hour after sunset.
4) When the plant is operating at night, it will only occur when material is
requested by cities, counties , or CDOT, for night paving projects.
Operations will be considered "night operations , " when they take place
between the hours of one hour after sundown to one hour before sunrise.
Depending on the request of the jurisdiction purchasing the asphalt, night
operations could occur seven days per week. When Martin Marietta
becomes aware of projects that require night operations, they will email the
Weld County Planning Director to let him/her know about the plans to
operate outside of daylight hours, who the project is for, how long it will be
occurring . and where the materials are being delivered .
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B. Hours of Operation for Ready Mix Concrete:
1 ) The Ready Mix Concrete Plant will only operate Monday through Saturday.
2) The standard hours of plant operation will be limited to one hour before sunrise to
one hour after sunset.
3) Up to three (3) times per month , between the months of March and October, the
applicant may begin operations before the standard hours but not before 3: 00 a . m .
The applicant must notify the Planning Department each time this occurs.
4) The plant will not operate more than 16 hours per day.
5) Ready Mix trucks will generally operate during plant operations, but may return to
the plant after plant shutdown to be cleaned and parked .
C . Hours of Operation for Aggregate and Recycling :
1 ) Aggregate sales and recycling operations will only occur Monday through
Saturday.
2) Aggregate washing and recycling operations will only occur during daylight hours
(dawn to dusk or 6 : 30 a. m . to 6: 00 p. m . during the winter) , actual operating hours
will vary dependent on weather and business levels .
3) Train unloading operations during the summer will only take place between the
hours of 6: 00 a . m . and 8: 00 p. m . . actual hours will be dependent on the time the
train arrives at the site.
4) Train unloading operations during the winter will only take place during daylight
hours , actual hours will be dependent on the time the train arrives at the site .
7 . The parking area on the site shall be maintained .
8. 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.
9. The landscaping/screening on the site shall be maintained .
10. 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 .
11 . There shall be no tracking of dirt or debris from the site onto publically maintained roads.
The applicant is responsible for mitigation of any off-site tracking and maintaining on-site
tracking control devices.
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12. There shall be no parking or staging of vehicles on public roads . On-site parking shall be
utilized .
13. The historical flow patterns and runoff amounts will be maintained on the site .
14. Weld County is not responsible for the maintenance of on-site drainage related features.
15. 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 .
16. 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 .
17 . Waste materials shall be handled , stored , and disposed of in a manner that controls
fugitive dust, blowing debris , and other potential nuisance conditions . The applicant shall
operate in accordance with the accepted Waste Handling Plan , at all times . The facility
shall operate in accordance with Chapter 14 , Article 1 of the Weld County Code .
18. Fugitive dust and fugitive particulate emissions should be controlled on this site. The
facility shall be operated in accordance with the accepted Dust Abatement Plan , at all
times . Uses on the property should comply with the Colorado Air Quality Commission's air
quality regulations.
19. Adequate drinking , handwashing and toilet facilities shall be provided for employees and
patrons of the facility. at all times . For employees or contractors on-site for less than two
(2) consecutive hours a day, portable toilets and bottled water are acceptable. Records of
maintenance and proper disposal for portable toilets shall be retained on a quarterly basis
and available for review by the Weld County Department of Public Health and
Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and
shall contain hand sanitizers .
20. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division .
21 . 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 . as needed .
The facility shall utilize the public water supply.
22. 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.
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23 . A Spill Prevention , Control and Countermeasure Plan , prepared in accordance with the
applicable provisions of 40 CFR , Part 112 . shall be available on-site.
24. This facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone as delineated in Section 14-9-30 of the Weld County Code as measured
at the property line of the adjacent residential lots . In all other locations the facility shall
adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in Section 14-9-30 of the Weld County Code . The applicant shall submit a
Noise Mitigation Plan to the Department of Public Health and Environment which shall
include Noise Monitoring at the borders of the property to ensure compliance with the
standards set forth .
25 . The facility shall comply with all provisions of the Colorado Department of Labor and
Employment, Division of Oil and Public Safety, Underground and Above Ground Tank
Regulations, as applicable .
26. Any washing areas shall capture all effluent andprevent discharges in accordance with
p 9
the rules and regulations of the Water Quality Control Commission , and the Environmental
Protection Agency.
27 . Process wastewater (such as floor drain and laboratory wastes) shall be captured in a
watertight vault/container and hauled off for proper disposal . Records of installation ,
maintenance, and proper disposal shall be retained .
28. The facility shall comply with the Air Pollution Emission Notice (A. P. E . N . ) permit
requirements as stipulated by the Air Pollution Control Division of the Colorado
Department of Public Health and Environment.
29. Material being recycled shall be separated by material type or use. Incoming loads shall
have all non-concrete , non-asphalt and non-rebar material removed from concrete and
asphalt materials within thirty (30) calendar days . Non-concrete, non-asphalt and
non-rebar material shall not exceed 10% of the total material onsite by weight or volume.
30. Odors detected off-site shall not exceed the level of seven-to-one dilution threshold , as
measured pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations .
31 . The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code .
32 . Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan . Neither the direct. nor reflected , light from any
light source may create a traffic hazard to operators of motor vehicles on public or private
streets . No colored lights may be used which may be confused with , or construed as,
traffic control devices .
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33. A building permit 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 the 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 registered State of Colorado engineer
shall be required or an open hole inspection .
34. Martin Marietta will establish and operate a Community Work Group that meets at least
quarterly and will be comprised of a representative group of surrounding neighbors and
Martin Marietta officials. A list of the participating members shall be submitted to the
Department of Planning Services.
35. Martin Marietta will set up a $ 100 , 000. 00 landscaping fund in escrow to be managed by
Martin Marietta and the Community Work Group to fund landscaping for installation on the
lots of adjacent landowners with views of the facility. Under no circumstances is Weld
County obligated to manage or fund the landscaping fund .
36 . Martin Marietta's asphalt plant will operate with vertical liquid AC storage tanks , carbon
filters . and an emission capturing system . Martin Marietta must have a certified nasal
ranger at the site while the asphalt plant is operating .
37 . The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code .
38. 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.
39. 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 .
40 . 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.
41 . 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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42 . 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. 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 .
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