HomeMy WebLinkAbout20241305.tiffWELD COUNTY
CODE ORDINANCE 2024-09
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST, OF THE WELD COUNTY
CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of
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, on December 28, 2000, adopted
Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent nature
enacted on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that Chapter 21 Areas and Activities of State Interest of the
Weld County Code be, and hereby is, repealed and re-enacted, with amendments, to read as
follows.
CHAPTER 21
AREAS AND ACTIVITIES OF STATE INTEREST
ARTICLE V - Guidelines and Regulations for Oil and Gas Exploration and Production in the
Unincorporated Area of Weld County (Designated as Mineral Resource Area of State
Interest)
Division 1 - General and Introductory Provisions
Amend Sec. 21-5-20. Definitions.
In addition to the terms defined in Section 21-1-90 of this Code, the following terms specific
to the designation of site selection and construction of Oil and Gas Locations and Oil and Gas
Facilities shall be construed to have the meanings set forth as follows:
Add Ag-Rural Planning Area: means the unincorporated area of Weld County as described
in Section 21-5-210 of this Article V.
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Add Appellant: means the Applicant, or any Person or property owner within the 1041
WOGLA Zone.
Applicant: means the person or entity who applies for a 1041 WOGLA Permit. The
Applicant may be referred to herein as the "1041 WOGLA Permittee" or "Operator "_
Application: means the 1041 WOGLA Permit application filed by the Applicant pursuant to
Section 21-5-320 of this Code and may also be referred to herein as the "1041 WOGLA Permit
Application " or "Case".
Authority Having Jurisdiction ("AHJ"): means any other entity which may have jurisdiction
over a certain area or may own or operate certain features affected by the Application. Certain
examples may include the State of Colorado, municipalities, metro districts, or ditch companies.
Authority Having Jurisdiction may also be referred to herein as "AHJ."
Best Management Practices ('BMPs): means practices that are designed to prevent or
reduce impacts caused by Oil and Gas Operations to air, water, soil, or biological resources, and
to Minimize Adverse Impacts to public health, safety and welfare, including the environment and
Wildlife Resources.
Building Unit ("BUJ: means a Residential Building Unit, as defined in this Article V, and
any building that is used for business or commercial purposes that is normally occupied during
working hours.
Delete COGCC,.
Completion: means operations conducted on a Well(s), subsequent to drilling, that are
necessary to prepare or re -stimulate the Well(s) for production. Completion operations include,
but are not limited to, fracture preparation, Hydraulic Fracturing, drill -out and Flowback. May also
be referred to herein as "Completing".
Comprehensive Development Plan means a plan covering future Oil and Gas
Operations in a defined geographic area within a geologic basin. Comprehensive Development
gyred to herein as a "COP."
Add ECMC: means the Energy and Carbon Management Commission.
Enhanced Recovery: means a technique of recovering additional oil and gas from a
mineralized zone by injecting fluids or gases in an effort to force more of the hydrocarbons to a
Well.
High Occupancy Building Unit ("HOBU"): means any Nursing Facility as defined in Section
25.5-4-103(14), C.R.S., Hospital, Life Care Institutions as defined in Section 12-13-101, C.R.S.,
or Correctional Facility as defined in Section 17-1-102(1.7), C.R.S., provided the facility or
institution regularly serves fifty (50) or more persons.
High Priority Habitat ("HPH"): means the high priority wildlife habitat areas in Weld County
identified in Rule 1203 of the COGCC Rulesthe 1200 series Rules of the ECMC. When
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considering HPH, OGED will utilize the most current, ECMC approved maps provided by CPW at
the time of Application submittal.
Add Impacted Area for an OGSEF: means that area within the approved OGSEF where
solar arrays are located, including any necessary electrical and/or transmission equipment.
Delete LACT (Lease Automated Custody Transfer)_: means the transfer of produced crude
oil or condensate, after processing or treating in the producing operations, from storage vessels
ities to Pipelines or any other form of transportation.
Add Lease Automated Custody Transfer ("LACT'9: means the transfer of produced crude
oil or condensate, after processing or treating in the producing operations, from storage vessels
or automated transfer facilities to Pipelines or any other form of transportation.
Add Near -Urban Planning Area: means the unincorporated area of Weld County as
described in Section 21-5-210 of this Article V.
Oil and Gas Facility: means equipment or improvements used or installed at an Oil and
Gas Locattonfor the benefit of any Well for the purpose of exploration, production, withdrawal,
treatment, or processing of crude oil, condensate, E&P Waste, or gas;, Enhanced Recovery,
storage, or disposal; excluding Pipeline - Petroleum Products, as defined in Article VI of this
Chapter 21, and all other Pipelines and Flowlines used or installed at the Oil and Gas Facility.
Examples of equipment or improvements may include, but are not limited to, tanks, separators,
combustion devices, LACT units, and telecommunication antenna towers as defined in Section
23-1-90, which are used solely for site security and monitoring purposes of the Oil and Gas
Facility. Oil and Gas Facility may also be referred to herein in certain circumstances
synonymously as "Facility".
Oil and Gas Location: means a definable area where an Operator has disturbed or intends
to disturb the land surface to locate a Well and/or an Oil and Gas Facility. This definition is not
inclusive of access points or access roads. Oil and Gas Location may also be referred to herein
in certain circumstances synonymously as "Disturbance Area" or "Location."
Oil and Gas Operations: means exploration for and production of oil and gas, including,
but not limited to, conducting seismic operations and the drilling of test bores; siting, drilling,
Completing, deepening, recompleting, reworking, injection of fluids for Enhanced Recovery, or
abandoning a Well; producing operations related to any Well, including installing Flowlines; the
generating, transporting, storing, treating, or disposing of E&P
Waste; and any constructing, site preparing, or reclaimingReclamation activities associated with
such operations.
Oil and Gas Solar Energy Facility (_OGSEF): means a facility whose primary purpose is
to supply electricity to the Oil and Gas Location and consists of one or more solar arrays and
other accessory structures and equipment. The OGSEF shall be no more than ten (10) acres in
size, and shall be contiguous to, as well as considered part of the Oil and Gas Location. Submittal
requirements and Pprocedures for approval and operation of OGSEF's are contained in Division
5 of this Article. VII of this Chapter.
Add Planning Areas: means both the Ag-Rural and Near -Urban Planning Areas.
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Plugging and Abandonment (P&Aj: means the cementing of a Well, the removal of its
associated Production Facilities, the abandonment of its Flowline(s), and the Remediation and
Reclamation of the wellsite.
Production Facility: means equipment or improvements used or installed at an Oil and
Gas Location for any storage, separation, treating, dehydration, artificial lift, power supply,
compression, pumping, metering, monitoring, and other equipment directly associated with a
Well.
Public Water System: means those systems shown and/or listed in Appendix VI of the
COGCC ECMC Rules. These systems provide to the public water for human consumption through
pipes or other constructed conveyances, if such systems have at least fifteen (15) service
connections or regularly serve an average of at least twenty-five (25) individuals daily at least
sixty (60) days out of the year. Such definition includes:
Remainder of definition for Public Water System — No change.
Residential Building Unit ("RBU"): means a building or structure designed for use as a
place of residency by a person, a family, or families. The term includes manufactured, mobile,
and modular homes, except to the extent that any such manufactured, mobile, or modular home
is intended for Temporary occupancy, or for business purposes.
Sundry FormProcess: means a multipurpose form supplied by the OGEDthe process used
by the Operator to request approval of proposed amendments or provide notice of -various
operations on any Oil and Gas Location or Facility located in the Weld Mineral Resource (Oil and
Gas) Area. It may also be referred to herein as 1041 WOGLA Sundry FormProcess"", 'Sundry
or Amendment
Well: means an Oil Well or Gas Well, a hole drilled for the purpose of producing oil or gas
a Well into which fluids or gasses are injected for purposes of disposal or Enhanced Recovery;i
a Stratigraphic Well a Gas Storage Well or a Well used for the purpose of monitoring or
observing a reservoir.
Well Site: means the areas that are directly disturbed during the drilling and subsequent
operation of, or affected by, Oil and Gas Facilities or Production Facilities directly associated with
any Weft_. ,
All Bother Wwords used herein shall be given their usual customary and accepted
meaning, and all words of a technical nature, or peculiar to the oil and gas industry, shall be given
that meaning which is generally accepted in said oil and gas industry.
Amend Sec. 21-5-30. Applicability and general rules.
A. A Weld Oil and Gas Location Assessment pursuant to this Chapter ( 1041 WOGLA )
requires additional consideration to ensure tk+eWell Sites. Oil and Gas Facilityies and Oil
and Gas Location are developed in a manner that complies with various Development
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Standards set forth in Division 4 of this Article V and provides compatibility with Uses
located within two thousand (2,000) feet of the Oil and Gas Location (including School
Facilities and Child Care Centers within two thousand (2,000) feet of the Oil and Gas
Location). The 1041 WOGLA Permit is designed to protect and promote the health, safety,
and welfare of Weld County'ls citizens, environment, and wildlife.
B. A 1041 WOGLA Permit is required after August 5, 2019, for the construction of ana Well
Site, an Oil and Gas Facility, and/or an Oil and Gas Location in all zone districts. Existing
approved and constructed WOGLA's as of August 5, 2019, are not required to obtain a
new 1041 WOGLA Permit and are not subject to the Development Standards as set forth
in Division 4 of this Article V. unless major changes are made to the Location pursuant to
Section 21-5-360.B.
C No Well Site, Oil and Gas Facility, and/or Oil and Gas Location shall be constructed in any
zone district until a 1041 WOGLA Permit has been granted by a 1041 WOGLA Hearing
Officer pursuant to the procedures set forth in Section 21-5-340 of this Article V or following
appeal to the Board of County Commissioners pursuant to Section 21-5-340.E of this
Code. This applies to:
1. thru 3. - No change.
D No 1041 WOGLA Permit shall be required for:
1. An Oil and Gas Location or Facility for which an application has been submitted to
the COGCCECMC on or before February 1, 2017, as long as the work being
performed was included within the original ECMC permit.
a For any Location that is expanded or modified beyond what was originally
permitted through the ECMC, Operators shall submit a Sundry to OGED
for determination if a 1041 WOGLA Permit is required. See
Section 21-5-360.
2. thru 5. — No change.
However, other permits or agreements may need to be obtained for the activities listed above,
including those permits or agreements listed in Section 21-5-320.D., as well as any applicable
State or Federal permits.
E. Changes of use, changes of equipment, or any other changes or modifications to an Oil
and Gas Location or Oil and Gas Facility located within the Weld Mineral Resources (Oil
and Gas) Area shall submit documentation via the Sundry FormProcess as outlined in
Section 21-5-360.
Remainder of Section — No change.
Amend Sec. 21-5-40. Relationship of 1041 WOGLA Regulations to other county, state, and
federal requirements affecting oil and gas exploration and production.
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A. thru B.7. — No change.
Because these 1041 WOGLA Regulations are written pursuant to the authorities granted
to Weld County in the AASIA and specifically the express authorities set forth in
Sections 24-65.1-202 and 24-65.1-402, C.R.S., to adopt guidelines and regulations governing oil
and gas exploration and production in Weld County, to the extent these 1041 WOGLA
Regulations are inconsistent with the regulations of the COGCCECMC regarding any of the areas
and topics regarding oil and gas exploration and production in Weld County listed above, these
1041 WOGLA Regulations control.
C. Pursuant to Section 34-60-131, C.R.S., it is the intent of the Board of County
Commissioners to regulate oil and gas exploration and production in Weld County
cooperatively with the COGCCECMC, deferring regulation of the areas and topics
regarding oil and gas exploration and production not addressed in these 1041 WOGLA
Regulations to the COGCCECMC.
Amend Sec. 21-5-50. Operator Registration.
Prior to construction or operation of facilities related to upstream Oil and Gas Operations,
an Operator shall submit an one-time Operator Registration Form provided by the OGED Director.
Operator Registration Forms shall be updated and submitted to the OGED Director annually,
within the month of January. Within sixty (60) days of any ownership changes due to sales,
mergers, or acquisitions, a new Operator Registration Form shall be submitted to the OGED
Director.
Division 2 — Designation of Area of State Interest
Amend Sec. 21-5-210. Boundaries of area covered by designation; division of the Weld
Mineral Resource (Oil and Gas) Area into two Planning Areas.
The entire unincorporated area of Weld County has been designated as a mineral
resource (oil and gas) area and the exploration and production of oil and gas within the area shall
be subject to this designation and these 1041 WOGLA Regulations. The Weld County Mineral
Resource (Oil and Gas) Area is divided into the two (2) Planning Areas.
on the map in Appendix 21-B, denominated as the ""Ag Rural Planning Area" and the "Near
Urban Planning Area."" The regulations set forth in this Article V may be dependent upon the
pPlanning regionArea in which the Oil and Gas Location is situated.
A. Ag-Rural Planning Area — any unincorporated area within Weld County which is not in the
Near -Urban Planning Area.
B. Near -Urban Planning Area — any unincorporated area within Weld County, which has one
or more of the following characteristics:
1. Is located within one (1) mile of a municipality's annexed boundary.
2. Is located within an area served by a public water system or water district.
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Division 3 1041 WOGLA Permit Program for Oil and Gas Exploration and Production in
the Weld Mineral Resource (Oil and Gas) Area
Amend Sec. 21-5-300. Prohibition on exploration or production of oil and gas within the
Weld Mineral Resource (Oil and Gas) Area without 1041 WOGLA Permit.
A. No person may explore or produce oil and gasNo Well Site, Oil and Gas Facility and/or
Oil and Gas Location shall be constructed within the Weld Mineral Resource (Oil and Gas)
Area without first obtaining a 1041 WOGLA Permit pursuant to these 1041 WOGLA
Regulations.
Remainder of Section — No change.
Amend Sec. 21-5-310. Procedural requirements.
The Application, notice, and conduct of 1041 WOGLA Permit hearings, appeal of Hearing
Officer decisions and issuance and content of oermits for exploration or production of oil ar�
gas1041 WOGLA Permits within the Weld Mineral Resource (Oil and Gas) Area shall comply with
the provisions set forth in this Article V.
Delete Sec. 21-5-312. Comprehensive Development Plans (CDPs).
Operators are
("CDP") where feasible and with
Development Plans
out
cts to
ing Wildlife Resources. The plan shall (a)
res of the -geographic area, including veget
other attributes of the physical en,
Operations in the area; (c) identify p
upon measures to avoid, minimize, and mitigate the id
other relevant information. A Comprehensive Development Plan must be approved by the 1041
Hearing Officer and shall be valid for a period of up to ten (10) years, as recommended by the
OGED Director and approved by the Hearing Officer, unless extended by the 1041 WOGLA
Hearing Officer.
1
"s future Oil and Gas
,
Amend Sec. 21-5-315. Pre -application meeting and 1041 WOGLA notice.
A. Pre -application meeting. Prior to delivery of the 1041 WOGLA notice, the Applicant shall
request a pre -application meeting with the OGED Director. This meeting may be
conducted through a face-to-face meeting, a virtual meeting, electronic mail exchange, or
conference call, as determined by the OGED Director. The purpose of the pre -application
meeting is to give the Applicant an opportunity to demonstrate, through written and graphic
information, how the Oil and Gas Location complies with the standards set forth in this
Article V, while protecting the health, safety, and welfare of Weld County's citizens,
environment, and wildlife. One of the primary reasons for the pre -application meeting is to
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discuss comprehensive planning and pros and cons of alternative sites. The following shall
be submitted to the OGED Director as part of the request for a pre -application meeting:
1. and 2. — No change.
3. Proposed Haul Route map. The purpose of the haul route map is to identify the
Applicant's desired route to and from the preferred Oil and Gas Location. The map
shall identify the proposed haul route, {ncluding off -site haul route(s), from the
preferred Oil and Gas Location to the nearest County designated collector or
arterial roadway or nearest state or federal designated highway, and indicate the
desired new or existing access point. Additionally, the map shall indicate the traffic
distribution percentage when traffic reaches the arterial roadway or highway.
4. — No change.
Upon submittal of the request, the OGED Director shall be responsible for scheduling the
pre -application meeting. This meeting shall take place within fourteen (14) business days of the
submitted request. If the Applicant is unable to meet within the stated timeframe, they may request
(in writing) a date which is more than fourteen (14) days from the date of their submittal. The
OGED Director will work with the Applicant to accommodate their requested date. Attendees of
the pre -application meeting will be the Applicant and the OGED Director. Invitations to participate
in the pre -application meeting will also be sent to the COGCCECMC Director, CPW (}f the
CDPHE, and any other entity as
determined by the OGED Director. The requirement of the pre -application meeting may be waived
at the discretion of the OGED Director.
At the conclusion ofFollowing the pre -application meeting, the Applicant shall send
1041 WOGLA notice to all required notice parties listed in Section 21-5-315.8.. below7. The
notice shall encompass any agreed upon changes resulting from the pre -application meeting.
Add Sec. 21-5-317. 1041 WOGLA notice.
BA. 1041 WOGLA notice. Within six (6) months of the pre -application meeting the 1041
WOGLA notice shall be delivered by the Applicant to the following parties:
1. and 2. — No change.
3. Property owner(s) whose property boundaries are within two thousand (2,000) feet
or less of the Oil and Gas Location (as determined by the Weld County Assessor s
records at the time of notice);
4. The °;OGGGECMC Director;
5. thru 7. — No change.
B _ Delivery of the 1041 WOGLA notice shall occur not more than six (6) months, nor less
than thirty (30) days, prior to submitting a 1041 WOGLA Permit application. The thirty (30)
day period may be waived, at the discretion of the OGED Director. The 1041 WOGLA
notice shall include the following information:
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al. The parcel number and legal description of the Oil and Gas Location.
b2. A general description of the proposed Oil and Gas Facility, including the number
of proposed wWells.
c3. Total disturbed acreage of the Oil and Gas Location.
d4. The anticipated date operations will commence (calendar quarter and year).
e5. A statement that the notice recipient may request a meeting to discuss the
proposed Oil and Gas Location with the Operator or the County.
1)a. Both Operator and assigned OGED Permit and Enforcement
Speciali'st'sRegulatory Analyst's contact information shall be provided.
f6. A statement that the Applicant will consider reasonable mitigation measures
proposed by the notice recipient to Minimize Adverse Impacts of the proposed Oil
and Gas Location.
g7. The following shall be attached to the notice:
-I-}a. Notification Zone drawing. The purpose of the notification zone drawing is
to identify any required notice parties. This shall be a scaled drawing with
scaled aerial imagery of the Oil and Gas Location to include the 1041
WOGLA Zone, all property lines and parcel numbers, as well as the name
and address of the owner(s) of any parcel(s) located within two thousand
(2,000) feet of the Oil and Gas Location, as determined by the Weld County
Assessor's records.
2)b. Haul Route map. The purpose of the haul route map is to identify the
Applica'nt's desire _ -.on. The map
shall identify the proposed haul route, including off site haul route(s), from
�e O1 ano Gas _oca:ion .o -.le neares- County designated collector or
arterial roadway or nearest highway, and indicate the desired new or
existing access point. The purpose of the haul route map is to identify the
Applicant's desired route to and from the preferred Oil and Gas Location.
The map shall identify the proposed haul route, from the preferred Oil and
Gas Location to the nearest County designated arterial roadway or state or
federal designated highway, and indicate the desired new or existing
access point. Additionally, the map shall indicate the traffic distribution
percentage when traffic reaches the arterial roadway or highway.
Upon receipt of the 1041 WOGLA notice by the OGED Director, he or she may request
additional parties to be noticed. If requested by the OGED Director, the Applicant shall provide
proof of notice delivered. All required notice parties may waive receipt of such notice(s) via
Surface Use Agreement (SUA) or other agreement with the Operator or by written request to the
OGED Director.
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Amend Sec. 21-5-320. Application requirements for 1041 WOGLA Permit.
A 1041 WOGLA Permit application shall be submitted to the OGED Director for processing
and determination of whether the application is complete and in compliance with the requirements
of this Section. The following shall be submitted as a part of the application:
A. Weld County Oil and Gas Location Assessment Application. A 1041 WOGLA Permit
application shall be submitted electronically to the OGED Director_ by electronic mail.
1. thru 3. — No change.
4. Authorization. Where an Applicant is not the Surface Owner of the parcel(s) on
which the Oil and Gas Location is sited, an authorization form executed by the
Surface Owner(s) must be provided. If a copy of the SUA is provided with the
application, then the SUA s grant of access to the site fulfills the requirement of
providing an authorization form.
5. Required Information. The Applicant shall provide site -specific Best Management
Practices (BMPs) illustrating how the health, safety, and welfare of Weld County s
citizens, environment, and wildlife will be protected. With the consent of the
Surface Owner(s), BMPs may include mitigation measures relevant to the SUA or
other agreement.
a. — No change.
b. A thorough explanation of the Site Analysis the Applicant has performed
for the Oil and Gas Location, as supported by the DA drawing described in
Section 21-5-320.B.2 below. Each alternative site shall include a short
narrative of its pros and cons. The Site Analysis, beginning with the pre -
application meeting, must describe how the Applicants proposed location
is superior to other alternatives considered by the Applicant in terms of
protecting Weld County's residents, resources and infrastructure. Although
it is not incumbent upon an Applicant to describe a certain number of
alternatives that were considered against the Applicant's chosen site, it is
generally expected that in the Ag-Rural P anning Area an App icant have
demonstrates as inferior. -In the Near -Urban Planning Area it is expected
that a more fulsome Site Analysis will be performed that includes -a
minimum of three (3) alternatives. the Applicant will provide siting analysis
explanations for the Locations that were discussed during the pre -
application meeting. in both Planning AreaseThe Site Analysis shall
include more alternatives if the Applicant`s chosen site has the following
cultural items within onetwo thousand ( 2,000) feet of the Applicant's
chosen site as measured from the Disturbance Area to the cultural item:
Building Units, High Occupancy Building Units, hospitals, Schools,
churches, Sensitive Areas, High Priority Habitats, local government
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boundaries, and water resources including lakes, ponds, rivers, and
ditches. Conversely, in both Planning Areas the Site Analysis may include
fewer alternatives (including no alternatives in the Ag-Rural Planning Area)
pl-i'nt's preferred
site.
c. and d. — No change.
e A traffic narrative for the Oil and Gas Location addressing operations for
construction, drilling, and completions, shall include the following
information:
1) The number of roundtrips/day (Roundtrip = 1 trip in and 1 trip out)
expected for each vehicle (type, size, weight} type (size and
weight.
2) — No change.
3) The travel distribution along the routes (e.g. 50% of traffic will come
from the north, 20% from the south, 30% from the east, etc.)
including vehicle type size and weight).
4) The time of day when the highest traffic volumes are expected,
based on the vehicle type.
B Attachments. The following shall be attached to the application:
1. Haul Route Map. The purpose of the haul route map is to identify the Applicant's
desired route to and from the Oil and Gas Location. The map shall identify the
ff--site--h a ,
to the nearest County designated collector or arterial roadw y
and indicate the desired new or existing access point. The purpose of the haul
route map is to identify the Applic'nt's desired route to and from the preferred Oil
and Gas Location. The map shall identify the proposed haul route, from the
preferred Oil and Gas Location to the nearest County designated arterial roadway
or state or federal designated highway, and indicate the desired new or existing
access point. Additionally, the map shall indicate the traffic distribution percentage
when traffic reaches the arterial roadway or highway,
+on
2 Development Area drawing. The purpose of the Development Area (DA) drawing
is to illustrate the surroundings to assist in comprehensive planning and in the
discussion of Oil and Gas Location siting. The drawing shall identify the DA for
which the Wells on the Oil and Gas Location are intended to produce, and the
preferred and alternative sites the Applicant is considering.has considered. or that
were discussed during the pre -application meeting. In the case of an Oil and Gas
Location with no Wells, the Wells) producing to that Oil and Gas Location shall be
identified.
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3. thru 7. — No change.
8. Lighting plan. A plan detailing lighting to be utilized during the Construction Phase,
and if applicable, the Production Phase shall be attached, as specified in Section
21-5-405402.
C Additional Attachments. The following items may be required as attachments to the
Application, if applicable:
1. and 2. — No change.
3. Noise mitigation plan. A noise mitigation plan that describes how the Operator will
comply with the maximum permissible noise levels specified in Section 21-5-
435416, Table 435416 A.1. may be required. The plan shall include site -specific
design for mitigation measures including the appropriate BMPs, engineering
practices, and available technology the Operator will utilize to achieve compliance.
The plan will provide an estimated duration of each stage of operations, including
drilling, Completion, Flowback, production, and an estimate of the noise levels of
each stage of operations. Lastly, the plan will reference any topographical and/or
geographical features which may impact noise propagation from the proposed Oil
and Gas Location.
4 Dust Mitigation plan. Operators shall submit a Dust Mitigation Plan if there are
receptors (BUs, RBUs, HOBUs, DOAAs, Schools, School Facilities or Child Care
Centers) within the 1041 WOGLA Zone, or if the Location is within HPH. If no
receptors are located within the 1041 WOGLA Zone, the Operator will still be
responsible for controlling dust on private access roads and on Location, especially
o n high wind days. See Section 21-5-406.
5 Odor Mitigation plan. Operators shall submit an Odor Mitigation Plan, when
required, as an attachment to the 1041 WOGLA Application. Within the plan,
Operators will detail how they will utilize all practicable BMPs and other
methodologies to reduce odor, including, but not limited to, utilization of odor
reducing or suppressive additives, utilizing different types of drilling mud,
describing processes and equipment used to reduce odors for each odor source
o r on -site activity, and a list of all other odor reducing BMPs that may apply to the
Location. Additionally, the Odor Mitigation Plan should identify all potential sources
of odors that are associated with each phase of Oil and Gas Operations, including,
but not limited to, drilling fluids and cuttings, flowback and produced fluids, and
E&P Waste. The OGED Director may require an Operator to further evaluate its
o peration and impose additional odor mitigation measures in the event of a public
complaint, or other odor observation.
An Odor Mitigation Plan is required if there are receptors (BUs, RBUs, HOBUs,
DOAAs, Schools, School Facilities or Child Care Centers) within the 1041 WOGLA
Zone, or if the Location is within HPH.
6 Oil and Gas Solar Energy Facility (OGSEF) plan. See Division 5 of Chapter 21,
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Article V of this Code.
7 A Visual Mitigation Plan. See Section 21-5-404.
8 Wildlife Mitigation Plan. If the Location or its access is partially or fully within HPH,
the Applicant will submit a copy of their Wildlife Mitigation Plan, pursuant to Section
21-5-456.
D Additional Weld County issued permits and agreements. The following permits and
agreements may be required either for the issuance of a 1041 WOGLA Permit, or after
approval of a 1041 WOGLA Permit:
1. — No change.
2. An Access Permit is required for a 1041 WOGLA Permit. The Applicant shall
complete an Access Permit application provided by the Weld County Department
of Public Works pursuant to the requirements of Chapter 8, Article XIV of this Code.
If the access point is under the jurisdiction of the Colorado Department of
Transportation or a Local Government other than Weld County, proof of access
granted by such Local Government
required.
3. A Road Maintenance Agreement (RMA) or Comprehensi
Agreement may be required for a 1041 WOGLA Permit. Following the submittal of
a4041 WOGLA
Department of Public Works and sent to the Applicant for execution prior to the
Bred as
eat
AHJ is
information.lf county -maintained roads are utilized to access the Oil and Gas
Location, a maintenance or improvements agreement as outlined below may be
required for a 1041 WOGLA Permit. Following the submittal of a 1041 WOGLA
Application, county staff will evaluate Application materials and determine the
proper type of agreement required based on the specific haul route, safety
requirements and plans of operation. The agreement shall be prepared by county
staff and sent to the Applicant for execution prior to the 1041 WOGLA Hearing.
In accordance with Chapter 8, Article II of the Weld County Code, Agreement
options for 1041 WOGLA Applications are as follows:
a Road Maintenance Agreement (RMA) or Comprehensive Road
Maintenance Agreement: May be required for a 1041 WOGLA Permit that
will have long-term trucking operations from the site.
b Road Maintenance During Construction (RMCA): May be required for a
1041 WOGLA Permit that will significantly reduce or eliminate truck traffic
from the site based on installed and utilized pipelines, except for minimal
routine maintenance needs. Pre and post construction inspections are
required for these agreements.
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c Offsite Improvements Agreement (OFFSIA): May be required for a
1041 WOGLA Permit when safety concerns exist along the haul route that
would necessitate improvements prior to the Construction Phase. Also,
includes Road Maintenance requirements.
A Cash in Lieu (CIL) one-time payment may be considered as an alternative to the
RMA or RMCA. See Chapter 5, Appendix 5-D of the Weld County Code for
payment information regarding CIL options for 1041 WOGLA Applications.
4 A Drainage Report is required for a 1041 WOGLA Permit. At the time of application
submittal, at minimum, a preliminary drainage report shall be provided for review
by the Weld County Department of Public Works pursuant to the requirements of
Chapter 8 Article XI, and Section 21-5-505446 of this Code. Prior to applying for a
Grading Permit, a final drainage report stamped and signed by a Professional
Engineer registered in the State of Colorado is required.
If the Oil and Gas Location is located within a Special Flood Hazard Area identified
by maps officially adopted by Weld County, a Flood Hazard Development Permit
(FHDP) is required for a 1041 WOGLA Permit. The FHDP is issued by the Weld
County Department of Planning Services pursuant to Article XI of Chapter 23.
Article XI of this Code. If required, a FHDP must be obtained prior to construction.
6 A Grading Permit is required prior to construction of any Oil and Gas Location
greater than one (1) acre. This permit is issued by the Weld County Department of
Public Works pursuant to the requirements of Chapter 8: Article XII of this Code.
7 If applicable, Building Permit(s) issued by the Weld County Department of Planning
Services, shall be obtained prior to construction, pursuant to Chapter 23 and
Chapter 29 of this Code.
8 If applicable, Right -of -Way (ROW) Permit(s), issued by the Weld County
Department of Public Works, pursuant to Article XIII of Chapter 8 of this Code, are
required for any work occurring within County ROW. No work within County ROW
shall occur without such ROW Permits being issued. ROW Permits may be issued
after 1041 WOGLA Permit approval.
9 If applicable, a Special Transport permit shall be obtained. No vehicles associated
with the 1041 WOGLA Permit may exceed legal per axle weight limits and/or legal
size limits as set forth in Article XV of Chapter 8 of this Code, unless Special
Transport permits have been applied for and granted by the Weld County
Department of Public Works. Special Transport permits may be issued after
1041 WOGLA Permit approval.
Remainder of Section — No change.
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Amend Sec. 21-5-325. Financial assurance requirementsComprehensive Development
Plans (CDPs).
tor shall provide Financial Assurance to the
County in the form of a surety bond or other collateral acceptable to the
amount set forth below to protect Su parties to a lease, SUA or other
relevant agreement with the Operator from unreasonable crop loss or land damage caused by Oil
and Gas Operations. Financial Assurance for Surface Owner protection shall not be required for
when a bond has been filed with the State Board of Land
the amount of two
Assur
to such Financial -Assurance must be granted by the OGED Director upon receipt of a written
request from the Surface Owner, which may be submitted to the OG-ED Director at any time.
Corrective or remedial action performed by the Operato
e on the Financial Assurance provided pursuant
to this Section. The Financial Assurance provided pursuant to this Section is not intended to limit
s or land damage that cannot be rued -fated or
for safekeeping by
7
nts, Operators may-su-b
Assurance upon satisfaction that risk of loss to the Surface Owner has been eliminated.
A. Operators are encouraged to initiate and enter into Comprehensive Development Plan
("CDP") where feasible and with the agreement of Surface Owner(s). CDPs will identify
foreseeable oil and gas activities in a defined geographic area, facilitate discussions about
potential cumulative impacts, and identify mitigation measures to Minimize Adverse
Impacts to public health, safety, welfare, and environment, including Wildlife Resources.
The plan shall (a) identify natural features of the geographic area, including vegetation,
Wildlife Resources, and other attributes of the physical environment; (b) describe the
Operator's future Oil and Gas Operations in the area; (c) identify potential impacts from
such operations; (d) develop agreed -upon measures to avoid, minimize, and mitigate the
identified potential impacts; (e) include other relevant information. A Comprehensive
Development Plan must be approved by the 1041 Hearing Officer and shall be valid for a
period of up to ten (10) years, as recommended by the OGED Director and approved by
the Hearing Officer, unless extended by the 1041 WOGLA Hearing Officer.
B CDP's shall begin with a Pre -application meeting as described in Section 21-5-315. A
single pre -application meeting shall be held to discuss the CDP area in its entirety. The
Development Area drawing shall encompass the entirety of the CDP boundary and show
each of the individual Oil and Gas Locations proposed. The proposed Haul Route map
shall indicate the preferred route to each Location, along with the proposed access point
to each Location.
C. 1041 WOGLA Notice shall be sent to all parties as described in Section 21-5-317, inclusive
of those property owners located within two thousand (2,000) feet of each individual
Location within the CDP boundaries. Each property owner shall be provided the specific
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ORD2024-09
Notification Zone drawing relevant to their property, as well as an additional map showing
the boundaries of the entire CDP with all individual Oil and Gas Locations identified.
D In order to be considered a CDP and request an extended term, there shall be a minimum
of three (3) individual Oil and Gas Locations. The Development Areas shall be contiguous.
E While many of the aspects of the CDP will be consistent and uniform throughout, CDPs
will always be conditioned for the submittal of a Site -Specific 1041 WOGLA Application.
These Site -Specific Applications shall be submitted closer to the time of construction (no
less than sixty (60) days prior to notice of construction), and may be administratively
approved, as long as no major changes are proposed to a Location — see
Section 21-5-360.
F CDP's will be considered "evergreen" in nature, meaning Operators must adhere to all
current and future Code requirements and Development Standards.
G Upon approval, the individual Site -Specific 1041 WOGLA Application shall follow the
remaining term of the original CDP.
H Upon approval, the Locations specified within the CDP shall have received initial siting
approval, and shall not require a new 1041 WOGLA hearing, unless major changes are
proposed — see Section 24-5-360.
Process Milestones for CDPs.
The following steps are anticipated for CDP Applications and are for general guidance
only.
1 Pre -application — CDPs will follow the pre -application process outlined in Section
21-5-315. However, the Development Area drawing shall encompass all lands
which are planned to be developed within the proposed CDP. In addition, the
drawing will show the preferred sites for all Locations within the CDP.
2 1041 WOGLA Notice — the Applicant shall send 1041 WOGLA notice as outlined
in Section 21-5-317.
3 1041 WOGLA Application submittal.
4 The Applicant shall hold a community meeting prior to the 1041 WOGLA Hearing.
The community meeting shall be held in -person, at a location and time to allow the
greatest possible community involvement for those within or around the CDP area.
A virtual community meeting may be held in addition to the in -person meeting, to
reach additional community members who may not be able to attend in -person.
5 CDPs shall follow the hearing process as outlined in Section 21-5-340.
6 CDP final order shall be recorded and legally noticed as outlined in
Section 21-5-345.
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ORD2024-09
J CDP Application requirements.
1. The items contained within Section 21-5-320.A., with the exception of
Section 21-5-320.A.5.c. and e.
2 Haul Route map, inclusive of all proposed Locations within the CDP.
3 Development Area drawing, showing both the extents of the CDP, as well as the
individual DAs within the CDP.
Comprehensive RMA, or other agreement as detailed in Section 21-5-320.D.3.
EAP utilizing the template from OEM.
Minimum preliminary drainage requirements for CDP: Provide a brief
memorandum that describes the proposed drainage concept for the typical
Location and how stormwater quantity and quality will be managed, a statement
acknowledging the requirements in Chapter 8 Article XI of this Code, and identify
any nearby irrigation ditches or bodies of water downstream of any Locations and
acknowledge that stormwater release into any irrigation ditch requires written
permission from all ditch owners.
K. Site -Specific Application requirements for Locations within an approved CDP.
1. Subsequent to CDP approval, Site Specific 1041 WOGLA Applications shall be
submitted by the Applicant for each Location within the CDP, and shall include, but
not be limited to, the following information:
a. The items contained within Section 21-5-320.
2 The Applicant is required to send 1041 WOGLA notice no less than sixty (60) days,
and no more than six (6) months, per Section 21-5-317.
Amend Sec. 21-5-330. OGED review of 1041 WOGLA Permit application.
The OGED Director shall review the 1041 WOGLA Permit Application to determine if it is
complete. Such review shall occur within seventen (710) business days of the filing of the
Application. Any Application deemed incomplete by the OGED shall be re -submitted within ninety
(90) days for completeness determination. Any Application remaining incomplete beyond ninety
(90) days will be automatically withdrawn. Upon completeness determination, the OGED Director
shall:
A. and B. — No change.
C. Refer the Application to the following agencies for review and comment. The agencies
named shall respond within twenty-eight (28) days from the mailing of the application by
the County. The failure of any agency to respond within twenty-eight (28) days shall be
deemed to be a favorable response to OGED. The referral shall state that the OGED
PAGE 17
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ORD2024-09
Director will conduct a formal consultation with the referral agency during the twenty-eight
(28) day referral period if requested by the referral agency. Reviews and comments
solicited by the County are intended to provide the County with information about the
proposed Oil and Gas Location. The reviews and comments submitted by a referral
agency are recommendations to the 1041 WOGLA Hearing Officer:
1. thru 4. — No change.
Add 5. The Weld County Office of Emergency Management.
56. The CPW.
67. The COGCCECMC.
7. thru 11. — No change. Renumber as 8. Thru 12.
D. and E. — No change.
Delete last paragraph of Section.
be re -submitted within ninety (9O) days for completeness determination. Any Application
Amend Sec. 21-5-340. 1041 WOGLA Hearing.
A. 1041 WOGLA Hearing Participation. The Applicant and any person or entity who has been
granted intervention by the Hearing Officer shall have the right to participate formally in
the 1041 WOGLA earing. The process for seeking intervention is as follows:
1. Application for Intervention must be received by the Hearing Officer twenty (20)
days prior to the 1041 WOGLA Hhearing. Application for Intervention must be on
the form provided on the OGED website. Persons who have standing to participate
are limited to those who have received notice of the 1041 WOGLA bhearing by
First -Class Mail or who have demonstrated they would be directly, adversely and
significantly affected or aggrieved by the granting of the 1041 WOGLA Permit.
Application for Intervention must include the following:
a. The docket number and date of the 1041 WOGLA nearing;
b. thru f. — No change.
2. — No change.
3. Any written comment provided by a person who is not granted intervention, or by
any other member of the public, will be included in the 1041 WOGLA hhearing
record, to be considered by the Hearing Officer as evidence and given such weight
as the Hearing Officer believes is appropriate.
B Conduct of 1041 WOGLA Rhearing.
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ORD2024-09
1. 1041 WOGLA Hhearings shall be recorded, and a list of attendees shall be kept.
2. thru 4. — No change.
C Decision of the 1041 WOGLA Hearing Officer. Upon the conclusion of the 1041 WOGLA
earing, the Hearing Officer shall:
1 Grant approval of the 1041 WOGLA Permit if he or she determines that sufficient
evidence exists in the record that the standards set forth in Division 4 of this Article
V will be met and that the proper Site Analysis has been performed by the
Applicant.
2. — No change.
Deny the 1041 WOGLA Permit if he or she determines that insufficient evidence
exists in the record or that a proper Site Analysis has not been performed by the
Applicant. If a 1041 WOGLA Permit is denied, the Applicant may apply for
1041 WOGLA Permit on the same parcel only if substantial changes have been
made to the Application from the original submittal.
4. and 5. — No change.
D — No change.
Right to appeal. The aAppellant must file a written notice with the OGED Director within
ten (10) days of receiving the Hearing Officer s final order. The notice of appeal must
specifically state what part of the decision the `,ppellant believes the Hearing Officer
e ither misinterpreted the facts presented in the Application and/or in the 1041 WOGLA
Hearing, or misapplied the regulations set forth in Article V. The notice shall not exceed
five (5) pages in length. The OGED Director may submit a memorandum brief but must
do so within ten (10) working days of receiving the notice of appeal. Any such
memorandum brief shall not exceed five (5) pages in length.
F Review of appeal and decision. The OGED Director shall transmit the Hearing Officer s
o rder, the notice of appeal and any memorandum brief to the Board of County
Commissioners for review within twenty-one (21) days of receiving the notice of appeal.
The Board of County Commissioners may affirm the Hearing Officer s order, modify it in
whole or in part, or remand the matter to the Hearing Officer for further fact-finding. A
modification may only be made if, based upon the Hearing Officers findings of fact, the
o rder clearly shows the Hearing Officer either misinterpreted the facts presented in the
Application and/or in the 1041 WOGLA Hearing, or misapplied the regulations set forth in
Article V. The Board of County Commissioners may review the entire 1041 WOGLA
Hearing record upon a majority vote of the Board of County Commissioners. The Board
of County Commissioners shall transmit a written decision on the appeal to the OGED
Director within ten (10) working days after receiving the notice of appeal and other
documents allowed herein. The OGED Director shall thereafter communicate the decision
to the Applicant, the Appellant, and the Hearing Officer within five (5) working days of
receiving the Commissioners" decision.
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ORD2024-09
Amend Sec. 21-5-345. Recording of the 1041 WOGLA Permit, and Vested Property Rights.
Following the 1041 WOGLA Hearing, if the Hearing Officer grants approval for the 1041
WOGLA Permit, the following shall occur:
A. The Hearing Officer shall prepare the draft final order. Once written, he or she will provide
the draft final order to the Applicant and to the Regulatory Analyst assigned to the Case,
for their review. Said review shall be for a period of not more than three (3) business days
and is intended to allow for evaluation of the details and COAs to be included on the final
order, prior its recording. The Applicant shall not be allowed to change or redline the draft
final order but may request the Hearing Officer's consideration of including or modifying
certain details based upon the testimony provided at the 1041 WOGLA hearing. If no
comments are received within three (3) business days, the Hearing Officer shall provide
the final order to OGED for recording.
AB. The OGED Director shall record the final order with the Weld County Clerk and Recorder.
C. After the final order is recorded with the Weld County Clerk and Recorder, the OGED
Director shall forward a copy of the recorded document to the ECMC.
BD. Pursuant to Section 24-68-101(1)(a), C.R.S., with the intent to ensure reasonable
certainty, stability, and fairness in the Land Use planning process and in order to stimulate
economic growth, secure the reasonable investment -backed expectations of landowners,
and foster cooperation between the public and private sectors in the area of Land Use
planning, the Board of County Commissioners declares and orders that an approved 1041
WOGLA Permit is an approved site specific development plan as that term is defined in
Section 23-1-90 of this Code and in Section 24-68-102(4)(a), C.R.S.
Therefore, an approved 1041 WOGLA Permit is a vested property right, as defined
in Section 23-1-90, upon the completion of the notification requirements set forth
in Section 23-8-70 of this Code.
Once noticed pursuant to the requirements of Section 23-8-70, the approved 1041
WOGLA Permit confers upon the Operator the right to undertake and complete the
exploration and production of oil and gas in Weld County under the terms and
conditions set forth therein, pursuant to Section 24-68-103(1 )(c), C.R.S.
Delete last paragraph of Section labeled C.
C.After the final order is recorded with the Weld County Clerk and Recorder, the OGED Director
the recorded document to the COGCC.
Delete Sec. 21-5-350. Compliance with 1041 WOGLA Permit conditions of approval and
Development Standards.
An Applicant for a 1041 WOGLA Permit shall comply with the conditions of approva and
Permit and in Division 4 of this Article V.
PAGE 20
2024-1305
ORD2024-09
and Development Standards may be reason for
Enforcement actions by the OGED Director shall be according to the following procedure:
A. Enforcement of Conditions of d upon
issuing a preliminary order granting the 1041 WOGLA Permit, schedule a return date when
the Operator shall present evidence to the Hearing Officer that all "Prior to Recording"
conditions of approval have been satisfied. Upon providing such evidence the Hearing
Officer shall issue a final order granting the 1041 WOGLA Permit. If no "Prior to
Recordi"ng" conditions of approval exist, the Hearing Officer shall issue a final order
granting the 1-04--1 WOGLA Permit and no return date shad be necessary. Should at -any
time the Operator be found to be out of
approval the OGED Director may set a suspension or revocation hearing before the
Hearing Officer pursuant to the-provisio 370, below ---
Enforcement of Development Standards. The enfo
herein as "Development Standards") stated in the 1041 WOGLA Permit and/or in Division
of this Article V shall be conducted by the OGED Director in the following manner:
An
1. Upon receiving a complaint from any member of the public or the filing of -an
inspection report by an OGED inspector, alleging a violation of Development
Standards stated in the 1041 WOGLA Permit and/or in Division 4 of this Article V,
report and require Operator inve
OGED Direct'or's required timeframe, the Operator shall correct the violation and
Operator is unable to achieve
the required correction within the stated timeframe, the Operator shall inform the
OGED Director of the circumstances and the anticipated date of correction, and
the OGED Director may modify the stated timeframe.
she shall notify the 0
correction anc provide a date uoon whici the violation must be corrected. The
Operator shalt correct the violation within the stated timeframe and notify the
OGED Director in writing of such correction.
le cause to believe the violation persists, he or
3. If the OGED Director does not receive a written Operator within
the stated timeframe saying the violation has been corrected, or if upon OGED
Director shall set a suspension or revocation hearing before the Hearing Officer
pursuant to the provisions of Section 21-5-370, below.
Amend Sec. 21-5-3550. Required notification.
A. Notifications to the OGED Director The following notifications sent to the OGED shall
certify certain conditions of approval or Development Standards, which were specified as
part of the approved 1041 WOGLA Permit, have been completed. The notification shall
list the condition of approva4COA(s) or Development Standard(s) completed, along with
PAGE 21
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O R D2024-09
any relevant permit number or identification number assigned.
If an Operator does not develop the Location in a single occupation, the following
notifications may be required multiple times.
1. Prior to construction notification. The Operator is required to provide written notice
to the OGED Director • two (2) weeks prior to
beginning the Construction Phase of the Oil and Gas Location. This written notice
satisfies the notification requirements of the Road Maintenance Agreement and
the Emergency Action Plan.
2 Drilling and Completions notifications. The Operator is required to provide notice
to the OGED Director for the following:
a Spud notice - At least 48 hours prior to Spud, the Operator shall provide
written notice of such activity to the OGED Director via the 1041 WOGLA
Sundry Form. This notification satisfies the requirements outlined in the
Emergency Action Plan.
b Completions notice - At least one (1) week prior to commencement of
Completions activity on an Oil and Gas Location, the Operator shall provide
written notice of such activity to the OGED Director via the 1041 WOGL-A
Sundry Form. This notification will meet the requirements outlined in the
Emergency Action Plan.
3 Turn -in -Line notification. The Operator is required to provide written notice to the
OGED Director via the 1041 VUOGLA Sundry Form within two (2) weeks of a Well
or facility being turned to sales. This written notice shall include an electronic GIS
map (shapefile or .kmz) showing the off -location Flowlines. This written
notification satisfies the notification requirements of the Road Maintenance
Agreement and the Emergency Action Plan.
4 Interim Reclamation notice. The Operator is required to provide written notice to
the OGED Director Sundry Form pursuant to the
requirements of Section 21-5-555.D.3., documenting the success of the interim
Reclamation.
5 Final abandonment notice. The Operator is required to provide written notice to
the OGED Director via the 1041 WOGLA Sundry Form at least one (1) week prior
to plugging the final Well on a Location or final decommissioning of an Oil and
Gas Facility. This notice will begin the final Reclamation requirements outlined in
Section 21-5-560.L
B. — No change.
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C. Notification to Building Unitproperty owner(s). At least thirty (30) days, but no more than
ninety (90) days, before Oil and Gas Operations or construction commences, the Operator
shall provide written notice (Notice of Operations) to all Building Unitproperty owners
within the 1041 WOGLA Zone. B-u-ild-ing Un4tProperty owners shall be re -noticed if: it has
been more than one (1) year since the previous notice or since drilling activity last
occurred, or notice was not previously required.
1. Notice of Operations shall be delivered in writing, with receipt confirmation, to all
Building Unitsproperty owners within the 1041 WOGLA Zone (as determined by
Weld County Assessor's record at the time of notice).
2 The Notice of Operations must include:
a A statement informing the Building Unitproperty owner that the Operator
intends to construct an Oil and Gas Location within two thousand (2,000)
feet of their Building Unitproperty;
b. thru f. — No change.
3 A Building Unitproperty owner entitled to receive Notice of Operations may waive
their right to be noticed, in writing, at any time. The Operator shall provide evidence
of this waiver to OGED, if requested.
Amend Sec. 21-5-36055. Amendments, termination, or failure to commence use.
A. Any amendments to an Oil and Gas Location which modify or expand the Facility or
Location beyond what was originally permitted by Weld County or the GOGCGECMC shall
be filed with the OGED via a 1041 WOGLAthe Sundry FormProcess. The OGED Director
will review the Sundry Form and determine if the request is minor or major, and if
subsequent action is needed. Minor amendments may be administratively approved by
the OGED Director, however, additional BMPs may be required. Major amendments may
require a new 1041 WOGLA Permit Application and fee.
B. — No change.
C No Sundry Form request for amendment is required for refracs. recompletions, routine
Well Site operations, normal repairs and maintenance of an existing Oil and Gas Facility,
like kind replacement of equipment, setting Temporary equipment, surface disturbance at
an existing Oil and Gas Location within the original disturbed area which does not have
the effect of permanently expanding the Oil and Gas Facility or Oil and Gas Location, and
repairs or maintenance of an Oil and Gas Facility required by a county, state, or federal
compliance order.
D The Construction Phase authorized by an approved 1041 WOGLA Permit shall be
completedcommence within three (3) years from the date of publication announcing the
approval of the 1041 WOGLA Permit, or the approval shall terminate. HoweveF ff the
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ORD2024-09
Construction Phase has been commenced within the three (3) years, but not complete
an additional three (3) years shaltRequests for extension may be granted by the OGED
Director, via a-1041 WOGLAthe Sundry FormProcess, but the 1041 WOGLA Permit shall
then be subject to any new rules amended into this Article V since the approval of the
original 1041 WOGLA Permit.
Add Sec. 21-5-360. Site inspection by OGED.
OGED or Weld County staff may inspect, at any time, the Oil and Gas Locations subject
to the regulations set forth in this Article V to determine if the Oil and Gas Location is in
compliance.
Add Sec. 21-5-365. Compliance with 1041 WOGLA Permit Conditions of Approval and
Development Standards.
An Applicant for a 1041 WOGLA Permit shall comply with the Conditions of Approval
(COAs) and Development Standards detailed in the 1041 WOGLA Permit and in Division 4 of this
Article V. Noncompliance with the COAs and Development Standards may be reason for
revocation of the 1041 WOGLA Permit by the Hearing Officer.
Enforcement actions by the OGED Director shall be according to the following procedure:
A. Enforcement of COAs. The Hearing Officer shall, after hearing and upon issuing a
preliminary order granting the 1041 WOGLA Permit, schedule a return date when the
Operator shall present evidence to the Hearing Officer that all "Prior to Recording" COAs
have been satisfied. Upon providing such evidence, the Hearing Officer shall issue a final
order granting the 1041 WOGLA Permit. If no "Prior to Recording" COAs exist, the Hearing
Officer shall issue a final order granting the 1041 WOGLA Permit and no return date shall
be necessary. Should at any time the Operator be found to be out of compliance with any
COAs or Development Standards, the OGED Director may set a violation hearing, or a
suspension or revocation hearing before the Hearing Officer pursuant to the provisions of
Section 21-5-370, below.
B. Enforcement of Development Standards. The enforcement of the standards (referred to
herein as "Development Standards") stated in the 1041 WOGLA Permit and/or in Division
4 of this Article V shall be conducted by the OGED Director in the following manner:
1. Upon receiving a complaint from any member of the public or the filing of an
inspection report by an OGED inspector, alleging a violation of Development
Standards stated in the 1041 WOGLA Permit and/or in Division 4 of this Article V,
the OGED Director shall notify the Operator of the complaint or adverse inspection
report and require Operator investigation and response within 24 hours. Within the
OGED Director's required timeframe, the Operator shall correct the violation and
inform the OGED Director of such correction. If the Operator is unable to achieve
the required correction within the stated timeframe, the Operator shall inform the
OGED Director of the circumstances and the anticipated date of correction, and
the OGED Director may modify the stated timeframe.
PAGE 24
2024-1305
ORD2024-09
2. If the OGED Director has probable cause to believe the violation persists, he or
she shall notify the Operator, in writing, of the violation, present a demand for
correction and provide a date upon which the violation must be corrected. The
Operator shall correct the violation within the stated timeframe and notify the
OGED Director, in writing, of such correction.
2
If the OGED Director does not receive a written response from the Operator within
the stated timeframe saying the violation has been corrected, or if upon OGED
inspection there is probable cause to believe the violation persists, the OGED
Director shall set a violation hearing, or a suspension or revocation hearing before
the Hearing Officer pursuant to the provisions of Section 21-5-370, below.
Amend Sec. 21-5-370. Suspension and revocationViolation procedures.
A. If following the notice and timeframes called for in Section 21-5-359365 above, the OGED
Director determines that one (1) or more of the 1041 WOGLA Permit Development
Standards set forth in Division 4 of this Article V or any of the Conditions of Approval have
not been met, the OGED Director shall notify the Operator of the Oil and Gas Location of
the failure to comply with the terms of the 1041 WOGLA Permit. the COAs, and/or the
Development Standards set forth in this Article V. The notice will inform the Operator that
a hearing has been scheduled before the Hearing Officer to determine if there is a violation
of the 1041 WOGLA Permit_ should be suspended or revoked The Operator shall have
the right to participate and present information at the hearing.
The Hearing Officer shall hold a hearing to determine if the Operator of the Oil and Gas
Location has failed to comply with the terms of the 1041 WOGLA Permit. the COAs, and/or
the reaulattonsDevelopment Standards set forth in this Article V. Upon such a finding, the
Hearing Officer may suspend or revoke the 1041 WOGLA Permit, and/or order the
Operator to cease the use of the Oil and Gas Facility immediately. In lieu of suspension
or revocation, the Hearing Officer may order the Operator to submit a compliance plan
and set a timeframe for return to present evidence of compliance or develop an alternative
course of action which may be deemed appropriate due to the specific violation(s).
1. If the Hearing Officer finds the Operator in violation of the terms of the 1041 WOGLA
Permit, the COAs_, and/or the Development Standards set forth in this Article V., he
or she may also assess fees to the Operator, pursuant to Appendix 5-D of the Weld
County Code.
C. — No change.
Delete Sec. 21-5-380. Site inspection by OGED.
OGED staff may inspect, at any time, the Oil
set forth in this Article V to determine if the on and Gas Locati
Amend Sec. 21-5-390. Transferability of 1041 WOGLA Permits.
to the regulations
Once issued, 1041 WOGLA Permits. along with any ancillary Weld County issued permits
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or agreements, are transferable to a new Operator. The new Operator is subject to all terms and
conditions of the 1041 WOGLA Permit and shall be considered the Responsible Party. Within
sixty (60) days of transfer, the new Operator shall notify the OGED Director, via Sundry Form,
and the Surface Owner in writing of the name, business address, and other contact information
for the new Operator.
Division 4 - Weld Mineral Resource (Oil and Gas) Area Development Standards
The following Development Standards (referred to herein as "Development Standards")
apply to all Oil and Gas Locations within the Weld Mineral Resource (Oil and Gas) Area having
received approval of a 1041 WOGLA Permit (or an amendment thereto as required by
Section 21-5-360).
Amend Sec. 21-5-4052. Lighting.
As part of the Application, an Operator shall submit a lighting plan for the Construction
Phase and, if applicable, the Production Phase of the Location. The lighting plan shall
demonstrate compliance with the maximum permissible lighting levels, as described in this
Section 21-5-4052. The lighting plan shall describe mitigation measures to be used at the Location
to comply with the lighting standards outlined in Section 21-5-40 2. E. for both Construction and
Production Phases.
If requested, an exemption may be granted for the Construction Phase lighting plan, if the
Location will include thirty-two (321 foot sound walls on all sides. If an exemption is granted, the
Applicant shall continue to be bound to the lighting standards as outlined in Section 21-5-402.E.,
below. No exemption for a Production Phase lighting plan shall be granted.
1Jtifizing Appendi-x 21-B and taking • eConsidering the Planning Area,
surrounding Land Uses, the number and proximity to Building Units, DOAAs, and/or High Priority
Habitats, OGED is responsible for recommending an appropriate LZ, to be considered by the
OGED Director and/or the Hearing Officer as part of the 1041 WOGLA Permit.
A. Lighting Zones ("LZ")
Table 40 =' A.1
Remainder of Table — No change.
Source: Illuminating Engineering Society, International Dark -Sky Association, Joint IDA-IES
Model Lighting Ordinance (MLO) with User's Guide, June 15, 2011.
B. — No change.
Table 40: B.1
Remainder of Table — No change.
Source: Illuminating Engineering Society, International Dark -Sky Association, Joint IDA-IES
Model Lighting Ordinance (MLO) with User's Guide, June 15, 2011.
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The allowable base lumens for an Oil and Gas Location are calculated using the Lighting
Zone as shown in Table 4052 A.1, and the total hardscape. In both Planning Areas
depicted on Appendix 21-B, the Construction Phase hardscape shall equal actual acresthe
acreage of the Oil and Gas Location, or up to twelve (12) acres, whichever is less.
Operators shall ensure that lighting at the Oil and Gas Location does not exceed the
assigned allowable base lumens.
During the Construction Phase or during operations involving Pipeline or Gas Facility
installation or maintenance, use of a Workover rig, or stimulation. Operators must comply
with the maximum allowable lumens per SF as shown in Table 4052 B.1.
C. — No change.
Table 40 C.1
Remainder of Table — No change.
Source: Illuminating Engineering Society, International Dark -Sky Association, Joint IDA-IES
Model Lighting Ordinance (MLO) with User's Guide, June 15, 2011.
The allowable base lumens for an Oil and Gas Location are calculated using the Lighting
Zone as shown in Table 4052 A.1, and the total hardscape. In both Planning Areas
depicted on Appendix 21--B, the Production Phase hardscape shall equal actual acres of
the Oil and Gas Location after 'interim Reclamation.
Operators shall ensure that lighting at the Oil and Gas Location does not exceed the
assigned allowable base lumens.
1. During the Production Phase, unless another LZ is allowed by the OGED Director
and/or the 1041 WOGLA Hearing Officer, Oil and Gas Locations within the
Ag-Rural Planning Area as depicted on the map in Appendix 21-B shall comply
with the lighting standards of LZ-0 or LZ-1, depending upon the number of and
proximity to Building Units, DOAAs, and/or High Priority Habitats. Unless another
LZ is allowed by the OGED Director and/or the Hearing Officer, Oil and Gas
Locations within the Near -Urban Planning Area as depicted on the map -gin
Appendix 21-B, shall comply with the lighting standards of LZ-0 through LZ-3,
depending upon the number of and proximity to Building Units, DOAAs, and/or
High Priority Habitats.
a. - No change.
D Lighting plan requirements. Operators shall provide a lighting plan with the Application to
be considered by the OGED Director and the Hearing Officer.
1. The lighting plan will demonstrate compliance with the Construction Phase lighting
levels outlined in Table 405 B.1., and the Production Phase lighting levels outlined
in Table 405 C.1.. if applicable. The plan will demonstrate how the Applicant will
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utilize BMPs and lighting technology to limit the amount of light leaving the
Location. The plan will include the following information, along with any other
information OGED may request:
a. thru c. — No change.
Delete d. Photometric plan shaded view.
OGED may consider substantially equivalent information in lieu of the above
requirements.
2 If a Location, during the Production Phase, utilizes indicator beacons, heat trace,
or similar lighting that is designed to alert personnel to emergencies or abnormal
operating conditions occurring on the Oil and Gas Location, and if said lighting is
the only lighting on Location and is red or amber in color, the Applicant will not be
required to submit a Production Phase lighting plan.
E. Lighting standards. Operators shall adhere to the following lighting standards at all Oil and
Gas Locations during all phases of Oil and Gas Operations. Nothing in this section shall
prohibit the use of indicator beacons, heat trace, or similar lighting that is designed to alert
personnel to emergencies or abnormal operating conditions occurring on the Oil and Gas
Location.
1. — No change.
2. Operators will place bulbs within fixtures that obscure, block, or diffuse the light to
reduce light intensitytrespass outside the boundaries of the Oil and Gas Location.
Offsite impacts from lighting shall be reduced or mitigated to the greatest extent
practicable using BMPs including, but not limited to:
a. Minimizing lighting when not needed using timers, switches, or motion
sensors ("use only the lights you need"). -Dusk til dawn" lighting is not
allowed;
b. — No change.
c. Using lighting colors and/or temperatures that reduce light intensity; and
Remainder of Section — No change.
Amend Sec. 21-5-41-004. Visual impact mitigation.
Production Facilities, regardless of construction date; observable from any public
highway- roadway shall be painted with uniform, non -contrasting, non -reflective color tones (similar
to the Munsell Soil Color Coding System), and with colors matched to, but slightly darker than,
the surrounding landscape.
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Weld County staff may request the Applicant to provide a visual mitigation plan as part of
the 1041 WOGLA Application or Sundry. The intent of the plan is to describe and graphically
represent the enhanced mitigation efforts the Applicant will employ to visually screen the Location
from the general public.
Portable toilets for use on the Oil and Gas Location shall not be visible from adjacent
properties or public sights-of-wayroadways. Sound walls or fencing may be used as screening.
Amend Sec. 21-5-44-506. Fugitive dust.
A. Operators shall employ practices for control of fugitive dust caused by their operations on
the Oil and Gas Location and private access roads. Such practices shall include, but are
not limited to, the use of speed restrictions; regular road maintenance; restriction of
construction activity during high -wind days; silica dust controls when handling sand used
in Hydraulic Fracturing operations; and the application of dust suppression controls limited
to magnesium chloride and Fresh Water.
The submittal of and compliance with a dust mitigation plan detailing additional
management practices such as road surfacing, construction of wind breaks and
barriers, soil stockpile stabilization or automation of Wells to reduce truck traffic
may be required by the OGED Director and/or the 1041 WOGLA Hearing Officer
as part of the 1041 WOGLA Permit approval to provide impact mitigation, or
pursuant to a fugitive dust enforcement action against an Operator.
B. Should the Operator choose to provide a cash in lieu payment pursuant to the provisions
of Section 21-5-320 C.3. of this Code, the Operator shall continue to be responsible for
mitigating fugitive dust on County roads that are part of the haul route for the Oil and Gas
Location.
Amend Sec. 21-5-4
0VT
Odor.
Oil and Gas Operations shall comply with the AQCC Regulation No. 2 Odor Emission (5
C.C.R. 1001-4) Subsections A.I.A., and A. I l A.V, which standards may be enforced by the
OGED Director following the enforcement procedures set forth in this Article V. The OGED
Director and/or the 1041 WOGLA Hearing Officer may require the submittal of and compliance
with an odor mitigation plan as part of the 1041 WOGLA Permit approval to provide impact
mitigation, or pursuant to any enforcement action against an Operator.
Amend Sec. 21-5-42610. Site Security and signage.
A. The Oil and Gas Facility shall be designed and operated in a manner that is protective of
public health, safety and welfare during all phases of operation by preventing public
access, unauthorized vehicular traffic, and illegal dumping of wastes.
1. and 2. — No change.
Delete Remainder of Section.
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less than two feet by two feet at the intersection of the lease road and the public road
providing access to the well -Site, with the name of the prop
ate date of commencement. Such sign shall
be maintained until completion operations at the Well are coact-uded.
permanent sign shall be required.
1. The sign shall be placed at the intersection of the lease access road with a public
2
ball provide:
Then I I II r can be reached
at all times; a phone number for local emergency services (911 where available);
the oil and Gas Location name; the legal location, including the quarter -quarter
section; and the assigned address.
may be stenciled on
3 In lieu of posting a Temporary sign per Section 21-5 415.B., the permanent sign
may be installed.
Add New Sec. 21-5-412. Site Signage.
A. The Operator shall, concurrent with the Surface Owner notice, post a Temporary sign. The
sign shall be placed at the intersection of the lease road and the public road providing
access to the Oil and Gas Location but shall not be placed in the road right-of-way. Such
sign, which shall be no less than four (4) square feet, and no greater than thirty-two (32)
square feet, shall provide:
1. The name of the Operator.
2. The proposed Oil and Gas Location name.
3. The legal description of the proposed Location, including Section and
Quarter/Quarter.
4. The assigned address.
5. The estimated date of construction commencement.
Such sign shall be maintained until the placement of the permanent signage.
B When completion operations of a Well are concluded, or within sixty (60) days after
beginning construction of an Oil and Gas Location, or when an existing sign is replaced
or modified, a permanent sign shall be required. The sign shall be placed at the
intersection of the lease road and the public road providing access to the Oil and Gas
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Location but shall not be placed in the road right-of-way. Such sign, which shall be no less
than four (4) square feet, and no greater than thirty-two (32) square feet, shall provide:
1. The name of the Operator.
2. The proposed Oil and Gas Location name.
3. The legal description of the proposed Location, including Section and
Quarter/Quarter.
4 The assigned address.
5. The phone number at which the Operator can be reached twenty-four (24) hours
a day, seven (7) days a week.
6. A phone number for local emergency services (911 where available).
In lieu of posting a Temporary sign per Section 21-5-412.A., the permanent sign may be
installed.
C General sign requirements:
1. Operator will ensure signs are visible, well maintained and legible. Operator will
eliminate any obstruction(s) affecting visibility as soon as possible and replace
damaged or vandalized signs within thirty (30) days of discovery that the sign is
damaged or no longer legible.
2 If additional signage is placed for purposes of public notification related to the Oil
and Gas Location, the sign(s) shall not be placed in the road right -of way, be no
less than four (4) square feet, no greater than thirty-two (32) square feet, and will
not be illuminated. Said sign shall be removed upon placement of Temporary sign
per Section 21-5-412.A., or permanent sign per Section 21-5-412.B.
3 Within sixty (60) days of any transfer of assets by Operators, the new Operator
shall replace or update all signs to comply with Section 21-5-412.B.
4 Any sign that is replaced or updated for any reason shall comply with
Section 21-5-412.B.
Amend Sec. 21-5-43014. Well completions.
Oil and Gas Well Completions shall be conducted in compliance with the Reduced
Emissions or "Green" Completion requirements of CDPHE, AQCC, Regulation 7 and US EPA,
New Source Performance Standards, Subparts OOOO and OOOOa.
Amend Sec. 21-5-43516. Noise.
As part of the application for a 1041 WOGLA Permit, an Operator shall describe noise
mitigation measures that demonstrates their capability to meet the maximum permissible noise
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levels as described in this Section 21-5-43516.A. These measures shall be included in the
Operator's Noise Mitigation Plan, as described in Section 21-5-320.C.3.
A. Noise Level Standards. All Oil and Gas Operations will comply with the following maximum
permissible noise levels:
Table 416 Ad
Remainder of Table — No change.
1. During the Construction Phase or during operations involving Pipeline or Gas
Facility installation or maintenance, use of a Workover rig, or stimulation,
Operators must comply with the following noise levels:
a For Oil and Gas Locations within the Ag-Rural Planning Area, as depicted
on the map in Appendix 21-B Operators shall comply with the maximum
permissible noise level for the NL-4 standard.
b For Oil and Gas Locations within the Near -Urban Planning Area,
depicted on the map in Appendix 21 B Operators shall comply with the
maximum permissible noise level for the NL-3 standard.
c. The OGED Director may require Operators to comply with a lower
maximum permissible noise level in consultation with the Colorado
Department of Public Health and Environment, of- Colorado Parks and
Wildlife or due to input from surrounding Building Units within the
1041 WOGLA Zone.
d Compliance points shall be determined as follows:
1) Five hundred (500) feet from the Oil and Gas Location, or
2) Twenty-five (25) feet from the exterior wall of a Building Unit, or
3) The boundary of the 1041 WOGLA Zone.
If access to a property is not attainable, a noise measurement will be taken
at a point that is equally representative of the assumed impacts, as
identified by the OGED Director.
2. — No change.
3. Periodic, impulsive or shrill noises will be allowed an additional five (5) db(A) from
the levels shown in Table 43516 A.1. for a period not to exceed 15 minutes in any
1 -hour period. Operators shall use BMPs and equipment maintenance or
modifications to limit these types of noises to the fullest extent possible.
4. — No change.
5. As part of the 1041 WOGLA Application, a noise mitigation plan as outlined in
Section 21-5-320.8.10.O.3., shall be required for all Oil and Gas Locations within
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the Near -Urban Planning Area. For Oil and Gas Locations within the Ag-Rural
Planning Area, a noise mitigation plan shall be required only if there are Building
Units, DOAAs, and/or High Priority Habitats within the 1041 WOGLA Zone.
a If a Building Unit, High Priority Habitat, or DOAA is built or designated after
an Oil and Gas Location is permitted, the Operator shall continue to comply
with the standards of Section 21-5-43516.A, as allowed within the approved
1041 WOGLA Permit.
6 A noise impact study by a qualified sound expert may be required for Oil and Gas
Locations within either the Near -Urban or Ag-Rural Planning Area, depending
upon the number of and proximity to Building Units, DOAAs, and/or High Priority
Habitats.
a. When required by the OGED Director, the Operator will prepare a noise
impact study which will provide sound projection modeling including db(A)
and db(C) measurements at the three hundred fifty (350) feet point of
compliance. a
Location points of compliance per Section 21-5-416.A.1.d., out to two
thousand (2,000) feet, for both drilling and completions phases. The study
will include graphic representation of buffers from the Oil and Gas Location
every five hundred (500) feet, out to two thousand (2,000) feet. The study
shall also indicate all sensitive receptors and any significant geographic or
topographic features that may impact noise propagation from the Oil and
Gas Location.
b. — No change.
7 A baseline ambient noise survey by a qualified sound expert may be required when
there are existing industrial or commercial types of activity within the 1041 WOGLA
Zone. Examples of industrial or commercial types of activity may include, but are
not limited to, businesses, roadways, railroads, and airports.
a — No change.
b When required, the 1041 WOGLA Permit will include a condition of
approval requiring the Operator to conduct thea background ambient noise
survey not more than nnety (90) days, nor less than thirty (30) days, prior
to the Construction Phase. The survey shall be conducted no more than
one (1) year. nor less than thirty (30) days prior to the Construction Phase.
Such sSurvey results shall be submitted to the OGED Director for review
and possible action. If necessary, the noise mitigation plan shall be updated
accordingly based on the survey results and submitted to the OGED
Director for approval via the 1041 WOGLA Sundry Form.
c. When an Operator conducts a background ambient survey the Operator
will follow the same approach as outlined in Section 21-5-4 5.B and over
a 72 -hour period, including at least 24 hours between 10:00 p.m. on a
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Friday and 4:00 a.m. on a Monday. A single cumulative daytime ambient
noise level and a single cumulative nighttime ambient noise level will be
established by taking the logarithmic average of all daytime or nighttime
one (1) -hour Leq values measured and in accordance with the sound level
data collection requirements pursuant to the maximum permissible noise
levels found in Table 43516 A.1.
d. Sound levels shall be measured at a distance of 35pfive hundred (500) feet
from the Oil and Gas Location, at minimum in four (4) directions. If property
access is not granted, or if certain situations exist that prohibit measuring
sound levels in one or more directions, the OGED Director may grant an
exception to measure less than four (4) directions.
e Operators may exceed the noise levels in Table 43516 A.1 as measured
at the nearest noise point of compliance if all reasonably affected Surface
Owners and tenants within the 1041 WOGLA Zone provide a written waiver
to the higher noise limit requested by the Operator.
To demonstrate compliance with the standards set forth in Section 21-5-43516.A, sound
levels shall be measured according to the following standards:
1. Pursuant to an A -scale complaint:
a Sound levels shall be measured at a distance of three hundred #i₹ty (350)
as Location, the point (2) of compliance per Section
21-5-416.A.1.d., in the direction of the complainant.
b At the request of the complainant or OGED Director, sound levels may be
measured at a point beyond three hundred fifty (350) feet the point of
compliance, that the complainant or OGED Director believes is more
representative of the noise impact.
Delete c. and d., and reletter subsequent sections.
ec. In situations where measurement of noise levels at
feet the point(s) of compliance per Section 21-5-416.A.1.d. is
unrepresentative or non -attainable due to topography, measurements may
be taken at a more attainable/accessible distance and be extrapolated to
three hundred fifty (350) foot equivalent the point of compliance using the
following formula:
Unknown db(A) = Known db(A) - (20 x Iog10(d2/d1))
This same formula should also be used when calculating db(C).
(d2 = standard distance 350 ft. point of compliance & dl = measured
distance)
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— No change.
2 Pursuant to a C -scale complaint:
a In situations where the complaint or on -site inspection indicates that low
frequency noise is a component of the problem, sound level measurements
shall be taken twenty-five (25) feet from the exterior wall of the
complainant's residence or occupied structure in the direction of the Oil and
Gas Location, using a noise meter calibrated to the db(C) scale. In the
event property access is not granted, measurements will be taken at a point
that is an equally representative location as identified by the OGED
Director.
b — No change.
c. If the sound levels exceed the maximum permissible noise levels as
defined in Table 43516 A.1, the OGED Director shall require the Operator
to obtain a low frequency noise impact analysis by a qualified sound expert,
including identification of any reasonable control measures available to
mitigate such low frequency noise impact. Such study shall be provided to
the OGED Director for review and possible action.
d. — No change.
3. thru 6. — No change.
C Cumulative Noise.
1. — No change.
2. I# ambi
A.1, then dDuring drilling or Completion operations,
operations involving Pipeline or Gas Facility installation or maintenance, use of a
Workover rig, or stimulation, Operators will be considered in compliance, unless at
any time their individual noise contribution, measured pursuant to
Section 21-5-43516.B, increases noise above ambient levels by greater than five
(5) db(C) and five (5) db(A).
including Flowback or
3 If ambient noise levels already exceed the maximum permissible noise thresholds
identified in Table 4x516 A.1, under no circumstances shall the Production Phase
exceed the ambient noise levels shown on the baseline noise survey.
Amend Sec. 21-5-44018. Pollution.
Operators shall take precautions to minimize adverse environmental impacts to air, water,
soil, or biological resources to the extent necessary to protect public health, safety: and welfare,
including the environment and Wildlife Resources.
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Amend Sec. 21-5-4420. Leak detection and repair (LDAR).
Leak Detection and Repair (LDAR) shall be conducted in compliance with all state and
federal regulations.
Amend Sec. 21-5-46822. Management of waste.
A. and B. — No change.
Amend Sec. 21-5-45524. Storage tank control requirements.
Crude oil, condensate and Produced Water storage Tanks shall be installed and operated
in compliance with all state and federal regulations.
Amend Sec. 21-5-46026. Pits General and special rules.
A. thru D. — No change.
Amend Sec. 21-5-46528. Spills and releases.
Operators shall maintain a Spill prevention plan for each Oil and Gas Location with BMPs
to adequately protect any and all critical receptors. The OGED Director and/or 1041 WOGLA
Hearing Officer may require the submittal of and compliance with a Spill prevention plan as part
of the 1041 WOGLA Permit approval to provide impact mitigation, or pursuant to any enforcement
action against an Operator.
Operators shall notify the Weld County Office of Emergency Management of the
occurrence of Spills and Releases, as required by the terms of the approved Weld County
Emergency Action Plan.
Amend Sec. 21-5-4 30. Concentrations and sampling for soil and ground water.
Operators shall comply with applicable state and federal rules and regulations regarding
concentrations and sampling for soil and ground water, if applicable. Results of such sampling
shall be made available at the request of the OGED Director and/or Weld County Department of
Public Health and Environment.
Amend Sec. 21-5-47532. Venting and flaring natural gas.
Operators shall comply with applicable state and federal rules regarding venting and
flaring of natural gas. Operators shall minimize venting and flaring to the greatest extent
practicable.
If infrastructure is not in place to allow natural gas takeaway, Operators may utilize
alternative technologies for beneficial use. Examples of beneficial use may include, but are not
limited to, crypto currency mining, or power generation for the Facility's use or to supply power to
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the electric utility grid. The Operator shall submit beneficial use requests to OGED via the 1041
WOGLA Application or the Sundry, for review.
Amend Sec. 21-5-48034. Air permits.
Facilities and equipment which are sources of regulated air emissions shall be authorized
in accordance with the Air Pollutant Emission Notice (APEN) and Stationary Source Permitting
requirements of CDPHE, AQCC, Regulation 3.
Amend Sec. 21-5-4 Pneumatic pumps and controllers.
Operators are encouraged to install non -pneumatic devices or pneumatic devices that are
operated using instrument air wherever feasible. Natural gas operated pneumatic devices shall
be installed and operated in compliance with the requirements of CDPHE, AQCC, Regulation 7,
Part D and US EPA, New Source Performance Standards, Subpart OOOO and Subpart OOOOa.
Amend Sec. 21-5-49O38. Setbacks.
A. General Requirements.
1. — No change.
2. The Hearing Officer may grant a variancean exception from the surface property
line setback if a waiver is obtained from the adjacent Surface Owner(s).
3. and 4. — No change.
B Building Unit. Oil and Gas Location shall be located a minimum of five hundred (500) feet
from Building Units. For an exception from the Building Unit setback, the Operator may
submit a waiver from each Building Unit owner within five hundred (500) feet of the
proposed Oil and Gas Location to be approved by the Hearing Officer. Alternatively, the
Hearing Officer may approve an exception by determining that potential locations outside
the 500 -foot setback are technically infeasible or economically impracticable and sufficient
mitigation measures including, but not limited to, BMPs shall be employed to protect public
health, safety and welfare. See requirements of Section 21-5-440, below.
C. and D. — No change.
E. School Facility and Child Care Center. Oil and Gas Location shall be located a minimum
of five hundred (500) feet from the boundary of a School Facility or Child Care Center,
unless the relevant School Governing Body agrees in writing to the location of the
proposed Oil and Gas Location and the 1041 WOGLA Hearing Officer determines that
potential locations outside the applicable setback are technically infeasible or
economically impracticable and sufficient mitigation measures are in place to protect
public health, safety, and welfare. Such mitigation measures shall be a condition of
approval of the 1041 WOGLA Permit. See requirements of Section 21-5-440, below.
F. and G. — No change.
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H Surface development pursuant to a SUA or Site -Specific Development Plan. A Surface
Owner or Building Unit owner and mineral owner or mineral lessee may agree to locate
future Building Units closer to existing or proposed Oil and Gas Locations than otherwise
allowed pursuant to a valid SUA or Site -Specific Development Plan (as defined in
Section 24-68-102(4)(a), C.R.S., that establishes vested property rights as defined in
Section 24-68-103, C.R.S.) that expressly governs the location of Wells or Production
Facilities on the surface estate. Future Building Units shall adhere to setback requirements
per Section 23-4-700.
Amend Sec. 21-5-4540. Mitigation measures for setback variancesexceptions.
The following requirements apply to Oil and Gas Locations that have been granted a
variancean exception from the designated setback distance from a Building Unit, High Occupancy
Building Unit, School Facility, or Child Care Center. or DOAA:
A. In addition to the mitigation measures agreed to between the Operator and the persons
or entities noticed pursuant to Section 21-5-320 of this Article V, the following mitigation
measures shall apply to each Oil and Gas Location that is granted a setback
varianceexception:
1. Noise. Noise levels shall comply with the NL-1 standard during all phases of
operation, including but not limited to the Construction Phase and Production
Phase. Short-term noise increases shall be allowable as described in
Section 21-5-43516 of this Article V.
2. and 3. — No change.
4. Flaring and venting. Flaring and venting of gas shall be prohibited, except during
upset or emergency conditions or as allowed by the COGCCECMC and the OGED
Director.
Remainder of Section — No change.
Amend Sec. 21-5-600442. Safety requirements.
Operators shall comply with state and federal safety rules and regulations as applicable
to all Oil and Gas Operations.
Operators shall comply with the EAP and TRP issued by OEM.
Amend Sec. 21-5-505444. Floodplain and °Overlay Zoning dDistrict requirements.
An Operator shall comply with Article V and Article XI of Chapter 23 of this Code if the
proposed Oil and Gas Location is located within any Overlay Zoning District Area or a Special
Flood Hazard Area identified by maps officially adopted by the County, and as defined in
Section 23-1-90.
Amend Sec. 21-5-510446. Stormwater management.
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As part of the application for a 1041 1/1/OGLA Permit, an Operator shall provide proof of a
valid stormwater discharge permit issued by CDPHE. The Operator shall submit a drainage report
to comply with required Storm Drainage Criteria pursuant to Chapter 8, Article XI of this Code.
Additional requirements for Municipal Separate Storm Sewer System (MS4) areas may be
applicable pursuant to Chapter 8, Article IX of this Code.
Remainder of Section — No change.
Amend Sec. 21-5-545448. Storage of non -essential items.
All Oil and Gas Locations shall be kept free of commercial products, Chemicals, materials
and other supplies not necessary for use on the Oil and Gas Location, and Junk and unused
Commercial Vehicles as those terms are defined in Section 23-1-90 of this Code. The burning or
burial of any such material and/or items on the Oil and Gas Location is prohibited.
Amend Sec. 21-5-520450. Equipment anchoring requirements.
All equipment at Oil and Gas Locations in geological hazard areas and Floodplains shall
be anchored. Anchors must be engineered to support the equipment and to resist flotation,
collapse, lateral movement, or subsidence, and must comply with all requirements of any
necessary geologic hazard recommendations and/or Flood Hazard Development Permit.
Delete Sec. 21-5-525. Protection of Wildlife Resources.
I
ed Oil and Gas
Operations in the identified High Priority Habitat.
B. _
Officer shall consider the following factors, among other considerations:
1. The BMPs for the producing geologic basin in which the Oil and Gas Location is
situated;
2 Site -specific and species -specific factors of the proposed new Oil and Gas
Location;
3. Anticipated direct and indirect effects of the proposed Oil and Gas Location on
Wildlife Resources;
4 -
and reduction of new surface disturbance;
5. The extent to whic
practicable alternative sites exist for the proposed new Oil and Gas Location;
I- - - - - - - I
6. The ex l use technology and
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7 The extent to which the proposed Oil and Gas Location minimizes surface
CIS
I
urbance associa
a
ecwi
1 SIM
1
1 use.
I.... ..... .... �,.. --J
Amend Sec. 21-5-530452. Other gGeneral operating requirements regarding wWildlife
protectionResources.
u rces.
Subject to exception by the OGED Director for site specific reasons and BMPs, the
operating requirements identified below shall apply in all areas.
Remainder of Section — No change.
Add Sec. 21-5-454. Protection of Wildlife Resources.
A. The OGED Director, utilizing the referral from CPW, shall determine whether conditions
of approval are necessary to Minimize Adverse Impacts from the proposed Oil and Gas
Operations in the identified High Priority Habitat.
B In selecting conditions of approval the OGED Director and/or 1041 WOGLA Hearing
Officer shall consider the following factors, among other considerations:
1. The BMPs for the producing geologic basin in which the Oil and Gas Location is
situated;
2 Site -specific and species -specific factors of the proposed new Oil and Gas
Location;
3 Anticipated direct and indirect effects of the proposed Oil and Gas Location on
Wildlife Resources;
4 The extent to which conditions of approval will promote the use of existing facilities
and reduction of new surface disturbance;
5 The extent to which legally accessible, technologically feasible, and economically
practicable alternative sites exist for the proposed new Oil and Gas Location;
6 The extent to which the proposed Oil and Gas Operations will use technology and
practices which are protective of the environment and Wildlife Resources;
7 The extent to which the proposed Oil and Gas Location minimizes surface
disturbance and habitat fragmentation;
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The extent to which the proposed Oil and Gas Location is within land used for
residential, industrial, commercial, agricultural, or other purposes, and the existing
disturbance associated with such use.
Amend Sec. 21-5-535456. Requirements in High Priority Habitats.
An Operator of an Oil and Gas Location within a High Priority Habitat shall follow the
Operator's Wildlife Mitigation Plan, if one is required pursuant to Rule 1201 of the GQGCCECMC
Rules.
Amend Sec. 21-5-540458. General operating requirements in High Priority Habitats.
A. Subject to exception by the OGED Director for site specific reasons and BMPs, within High
Priority Habitat and Restricted Surface Occupancy Areas, Operators shall comply with the
following operating requirements:
Remainder of Section — No change.
Amend Sec. 21-5-545460. Site preparation and stabilization.
A. Soil removal and segregation.
Remainder of Section — No change.
Sec. 21-5-550462. General Reclamation requirements.
A. — No change.
B. Surface Owner Reclamation release form. The Surface Owner has the right to waive
Reclamation requirements set forth in Sections 21-5-5/15460, 21-5-555464, and 21-5-
560466 of this Article V, unless such Reclamation is deemed necessary to protect public
health, safety and welfare, environment and wildlife of Weld County, as determined by the
OGED Director.
Amend Sec. 21-5-555464. Interim Reclamation.
A. General. Debris and waste materials other than de minimis amounts, including but not
limited to, concrete, sack bentonite and other drilling mud additives, sand plastic, pipe and
cable, as well as equipment associated with the drilling, re-entry, or Completion operations
shall be removed. All waste shall be handled according to Section 21-5-45022 of this
Article V. All Freshwater or Production Ponds, cellars, rat holes, and other bore holes
unnecessary for further Oil and Gas Operations, will be backfilled as soon as possible
after the drilling rig is released to conform with surrounding terrain. On Crop Land, if
requested by the Surface Owner, guy line anchors shall be removed as soon as
reasonably possible after the Completion rig is released. When permanent guy line
anchors are installed, it shall not be mandatory to remove them. When permanent guy line
anchors are installed on Crop Land, care shall be taken to minimize disruption or
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ORD2024-09
cultivation, irrigation, or harvesting operations. If requested by the Surface Owner the
anchors shall be specifically marked, in addition to the marking required below, to facilitate
farming operations. All guy line anchors left buried for future use shall be identified by a
marker of bright color not less than four (4) feet in height and not greater than one (1) foot
east of the guy line anchor.
B. Interim Reclamation of areas no longer in use. All disturbed areas affected by drilling or
subsequent operations, except areas reasonably needed for production operations or for
subsequent drilling operations to be commenced within twelve (12) months, shall be
reclaimed as early and as nearly as practicable to their original condition or their final Land
Use as designated by the Surface Owner and shall be maintained to control dust and
Minimize Erosion to the extent practicable. As to Crop Lands, if subsidence occurs in such
areas additional topsoil shall be added to the depression and the land shall be re -leveled
as close to its original contour as practicable. Interim Reclamation shall occur no later than
three (3) months on Crop Land or six (6) months on Non -Crop Land after such operations.
The Operator may submit a 1041 WOGLA Sundry Form to the OGED Director requesting
an extension due to conditions outside the Operator's control. Areas reasonably needed
for production operations or for subsequent drilling operations to be commenced within
twelve (12) months shall be compacted, covered, paved, or otherwise stabilized and
maintained in such a way as to minimize dust and erosion to the extent practicable.
C. — No change.
D. Restoration and revegetation. When a Well is completed for production, all disturbed areas
no longer needed will be restored and revegetated as soon as practicable.
1. and 2. — No change.
3. Interim Reclamation. The Operator shall notify the OGED Director via the 1041
WOGLA Sundry Formpursuant to Section 21-5-355, with a description of the
interim Reclamation procedures and any associated mitigation measures
performed, any changes, if applicable in the landowner's designated final Land
Use, and at a minimum four (4) color photographs taken during the growing season
of vegetation, one (1) from each cardinal direction which document the success of
the interim Reclamation and one (1) color photograph which documents the total
cover of live perennial vegetation of adjacent or nearby undisturbed land or the
Reference Area. Each photograph shall be identified by date taken, location name,
GPS location, and direction of view.
Remainder of Section — No change.
Sec. 21-5-560466. Final Reclamation.
A. Well Sites, associated Production Facilities, and access roads. Upon the Plugging and
Abandonment of all Wells on Location or final closure of associated Production Facilities,
all Freshwater Pits or Production Pits, mouse and rat holes and cellars shall be backfilled.
All debris, abandoned Gathering Line Risers and Flowline Risers, and surface equipment
shall be removed within three (3) months of plugging the final Well on Location or final
PAGE 42
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closure of associated Production Facilities. All access roads to Plugged and Abandoned
Wells and associated Production Facilities shall be closed, graded, recontoured, and fully
reclaimed. Culverts and any other obstructions that were part of the access road(s) shall
be removed. All applicable, compaction alleviation, restoration, and revegetation of Well
Sites, associated Production Facilities, and access roads shall be performed to the same
standards as established for interim Reclamation under Section 21-5-555464, above. All
other equipment, supplies, weeds, rubbish, and other waste material shall be removed.
The burning or burial of such material on the premises shall be performed in accordance
with applicable local, state, or federal Solid Waste Disposal regulations. In addition,
material may be burned or buried on the premises only with the prior written consent of
the Surface Owner. After plugging the final Well on Location or final closure of associated
Production Facilities, all such Reclamation work shall be completed within three (3)
months on Crop Land and twelve (12) months on Non -Crop Land. The OGED Director
may grant an extension where unforeseen circumstances are encountered, but every
reasonable effort shall be made to complete Reclamation before the next local growing
season. Such request shall be made in writing to the OGED Director via the 1 -04 -1 -Sundry
ForrmProcess.
B Final Reclamation threshold for approval and release. Successful Reclamation of the Well
Site, associated Production Facilities, and access road means:
1. On Crop Land, Reclamation has been performed to the standards established
under Section 21-5-555'164 and there has been no significant unrestored
subsidence over two growing seasons.
2 On Non -Crop Land, Reclamation has been performed to the standards established
under Section 21-5-`-55464 and disturbed areas have been either built on,
compacted, covered, paved, or otherwise stabilized in such a way as to Minimize
Erosion to the extent practicable, or a uniform vegetative cover has been
established that reflects pre -disturbance or Reference Area forbs, shrubs, and
grasses with total percent plant cover of at least eighty percent (80%) of pre -
disturbance levels or Reference Areas, excluding noxious weeds. The Operator
shall consider the total cover of live perennial vegetation of Reference Area, not
including overstory or tree canopy cover, having similar soils, slope and aspect of
the reclaimed area.
3. — No change.
C. and D. — No change.
E. Final Reclamation release. The Operator shall submit a request for release via the 1041
to the OGED Director pursuant to Section 21-5-355. upon
completion of the requirements outlined in Section 21-5 560466.C. above. This request
for release shall be submitted no later than two (2) growing seasons after Reclamation
work was conducted. The request for release shall include a description of the final
Reclamation procedures, any associated mitigation measures performed and any
changes, if applicable, in the landowner's designated final Land Use. The Operator shall
attach the following:
PAGE 43
2024-1305
ORD2024-09
1. — No change.
Add a. The final Reclamation revegetation threshold of eighty percent (80%) of
pre -disturbance levels on Non -Crop Land may take longer than two (2) growing
seasons. If this is the case, Operator or their consultant shall submit annual reports
to the OGED Director detailing the revegetation efforts and success thereof. Once
the eighty percent (80%) threshold is achieved, the OGED Director may consider
the final Reclamation release request.
2 Where necessary, the Operator shall submit to the OGED Director a Surface
Owner Reclamation release form if the Surface Owner wishes to have areas un-
reclaimed or items left on location. The OGED Director shall review the request
and determine if Reclamation will be necessary to protect public health, safety and
welfare, environment and wildlife of Weld County pursuant to
Section 21-5-545460.B. Upon the OGED Director's approval, the Surface Owner
Reclamation release form shall be placed of record with the Weld County Clerk
and Recorder.
Remainder of Section — No change.
Amend Sec. 21-5-55468. Fees.
Failure to comply with any items contained in the approved 1041 WOGLA Permit final
order, the conditions of approval, or the Development Standards contained herein shall be subject
to a financial fee, assessed daily from the date of notification by the OGED Director, pursuant to
Appendix 5-D of the Weld County Code. The OGED Director shall also utilize Appendix 5-D when
assessing fees due to enforcement actions.
Amend Sec. 21-5- 170. Variances.
An Operator may seek a variance, due to a hardship, to any rule or regulation found in
Chapter 21, Article V of this Code. A variance request shall be submitted in writing to the OGED
Director as part of the 1041 WOGLA Permit Application_ . Should an Operator
seek variance to an order issued by the 1041 WOGLA Hearing Officer, the Applicant shall submit
their request to the OGED Director via the 1041 WOGLA Sundry FormProcess. A subsequent
hearing shall be required for the Hearing Officer to consider a variance. The Operator requesting
a variance must show that it has made a good faith effort to comply or is unable to comply with
the specific requirements contained in these 1041 WOGLA Regulations or the 1041 WOGLA
Permit from which it seeks a variance. The Operator must also demonstrate through mitigation
measures that the requested variance shall Minimize Adverse Impacts to public health, safety,
welfare. and environment including Wildlife Resources.
Add New Division 5 - Oil and Gas Solar Energy Facility
Sec. 21-5-500. Approval of an Oil and Gas Solar Energy Facility (OGSEF).
An OGSEF may be submitted for consideration as part of a 1041 WOGLA Application.
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In addition, the OGED Director shall have the authority to approve an OGSEF without
hearing, via the Sundry Process, if he or she is reasonably certain that the requirements,
standards, or conditions of approval for the OGSEF have been or may be met.
Sec. 21-5-505. Submittal requirements for Oil and Gas Solar Energy Facilities (OGSEF).
As part of the Application or Sundry Process, the following submittals and standards are
required for an OGSEF:
A. A Project Narrative, which will include information about the Location and prior permitting
activity, information about the solar array and the method of construction, acreage needed
for the OGSEF, including new disturbed and interim reclamation acreage, and basic
information about hours of construction, including anticipated noise and lighting impacts.
B A Surface Use Agreement (SUA) or other agreement between the owner of the property
where the OGSEF will be located and the Applicant. In lieu of providing a copy of the SUA,
the Project Narrative may include a summary of the agreement on record with the Weld
County Clerk and Recorder's office, along with a valid reception number.
C Location Drawing. The purpose of the location drawing is to identify all visible
improvements within the 1041 WOGLA Zone. It shall be a scaled drawing with scaled
aerial imagery to include horizontal distances and approximate bearing from the Oil and
Gas Location for all visible improvements. This drawing shall be a stamped by a licensed
professional surveyor showing any survey monuments in the 1041 WOGLA Zone and the
County road right-of-way extents, if applicable.
D Interconnection Agreement. A copy of the interconnection agreement with the electric
utility, or proof the Applicant is approved to interconnect to the electric utility grid which
serves the Location.
E Annual Production Report. A copy of the annual production report for the proposed
OGSEF, including a detailed layout map.
F Solar Panel Schematic and Photographs. A copy of the solar panel schematics or
specifications, including photographs which depict a similar installation as is proposed
within the Application.
G Construction drawings and information. A copy of the 90% design drawings, to include:
1. Title sheet
2. Electric notes and symbols list
3. Electrical plan
4. Electrical area plan
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O R D2024-09
5. Elevation details
6. DC electric plan
7. One -line diagram
8. Schedules and calculations
9. Grounding details
10. Electrical details
11. Labels and signage
12. Equipment data sheets
H. Updated Facility Layout Drawing. The purpose of the facility drawing is to identify the
positioning of all equipment on the Oil and Gas Location, including the proposed OGSEF.
This shall be a scaled drawing illustrating the approximate outline of the Oil and Gas
Location and identifying all existing and proposed Well(s), equipment, Flowline corridors
on -location, and the proposed OGSEF configuration covered by the application.
Surface Drainage Analysis. At the time of OGSEF application submittal, a preliminary
drainage report shall be provided for review by the Weld County Department of Public
Works pursuant to the requirements of Chapter 8, Article Xl of this Code. Prior to applying
for a Grading Permit, a final drainage report stamped and signed by a Professional
Engineer registered in the State of Colorado is required. Soils shall be planted and
maintained in perennial vegetation to prevent erosion, manage runoff and build soil.
J Dust Mitigation Plan. The Dust Mitigation Plan shall be provided at the time of OGSEF
application submittal, which includes a description of those methods by which dust
emanating from the proposed OGSEF from the Impacted Area (especially during periods
of construction) will be mitigated.
K. Weed Mitigation Plan. The Weed Mitigation Plan shall be provided at the time of OGSEF
application submittal, which includes a description of those methods by which the
Applicant proposes to control weeds which may grow upon the Impacted Area, and how
they will be mitigated.
L. Floodplain Mapping. On the map of the base area, or another appropriate map, indicate
any floodplain associated with the proposal. Documentation of the historical flooding
activity should be included. Detail potential, adverse impacts related to the associated
floodplain. (Note: If the OGSEF location is within a Special Flood Hazard Area identified
by maps officially adopted by Weld County, a Flood Hazard Development Permit (FHDP)
is required prior to a building permit. The FHDP is issued by the Weld County Department
of Planning Services pursuant to Article Xl of Chapter 23 of this Code.)
M A Decommissioning/Reclamation Plan. A Decommissioning/Reclamation Plan shall be
provided at the time of OGSEF application submittal which will be signed by the party
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responsible for decommissioning and the landowner (if different), addressing the following:
1. Decommissioning/reclamation shall be completed within three (3) months on
cropland, and twelve (12) months on non -cropland after power production has
permanently ceased. The OGED Director may grant an extension where
unforeseen circumstances are encountered, but every reasonable effort shall be
made to complete Reclamation before the next local growing season. Such
request shall be made, in writing, to the OGED Director via the Sundry Process.
All non -utility owned equipment, conduits, structures, fencing, and foundations to
a depth of at least three (3) feet below grade shall be removed.
3. All fences, graveled areas and access roads shall be removed unless landowner
agreement to retain is presented, in writing, in which theproperty owner agrees for
this to remain.
4 Property shall be restored to a condition reasonably similar to its condition prior to
development of the OGSEF.
The developer or owner of the OGSEF is responsible for the decommissioning.
6. Decommissioning/reclamation cost estimates, which shall be updated every
five (5) years from the establishment and submittal of the Security, shall include all
costs associated with the dismantlement, recycling, and safe disposal of facility
components and site reclamation activities, including the following elements:
a All labor, equipment, transportation, and disposal costs associated with the
removal of all facility components from the facility site;
b All costs associated with full reclamation of the facility site, including
removal of non-native soils, fences, and constructed access roads;
c. All costs associated with reclamation of any primary agricultural soils at the
facility site to ensure each area of direct impact shall be materially similar
to the condition it was before construction;
d All decommissioning/reclamation activity management, site supervision,
and site safety costs'
e. Any other costs, including administrative costs, associated with the
decommissioning and reclamation of the facility site; and
f. The estimated date of submission of the Security to Weld County.
7 Prior to construction, an irrevocable standby letter of credit, bond, or alternate form
of Security in an amount sufficient to fund the estimated
decommissioning/reclamation costs required by this Code. The Security shall:
a Name the Board of County Commissioners of Weld County as the sole
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beneficiary of the letter of credit;
b Be issued by an A -rated financial institution based upon a rating provided
by S&P, Moody's, Fitch, AM Best, or other rating agency with similar
credentials;
c. Include an automatic extension provision or "evergreen clause"; and
d Be "bankruptcy remote," meaning the Security will be unaffected by the
bankruptcy of the OGSEF operator.
Weld County, in its sole discretion, may approve alternative forms of
Security such as, but not limited to: bonds, letters of credit, corporate
guarantees from electric utilities serving the County, or other securities, if
it finds that such alternative forms will provide an assurance of the
availability of financial resources for decommissioning/reclamation that
equals or exceeds that provided by the form required herein.
8 Access to decommissioning/reclamation fund. Weld County shall have the right to
draw upon the irrevocable standby letter of credit, or other form of financial
security, to pay for decommissioning in the event that the holder has not
commenced decommissioning/reclamation activities within ninety (90) days of the
Board of County Commissioners' order or resolution directing
decommissioning/reclamation.
N Statement of Transportation Construction Impacts.
1. Describe what impacts construction of the project will have upon transportation
patterns in the area intended to be served or affected by the proposal.
2. Describe the potential construction impact on roads within the County.
3 A haul route map and agreement to mitigate construction traffic impacts to the area
surrounding the proposed OGSEF may be required.
Amend Sec. 21-5-510. Development Standards for Oil and Gas Solar Energy Facilities
(OGSEF).
The following Development Standards are required for an OGSEF:
A. Height limitation. Ground -mounted solar collectors shall not exceed twenty-five (25) feet
in height, measured from the highest grade below each solar panel to the highest extent
of the solar panel, or their rotation.
B Glare. A OGSEF shall be designed and utilize equipment which limits glare onto nearby
properties or roadways at any time of the day.
C Setbacks. The Impacted Area for an OGSEF shall conform to the setback requirements
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of the underlying zone. Additionally, the improved area must be at least five hundred (500)
feet from existing RBUs and residential lots of a platted subdivision or planned unit
development. The RBU setback requirement may be reduced if appropriate screening
through landscape or an opaque fence is installed, or upon submittal to Weld County of a
waiver or informed consent signed by the RBU owner agreeing to the lesser setback. If
landscaping or opaque fencing is substituted for setback, a landscaping plan or fencing
plan shall first be submitted to, and approved by, OGED.
D Dust mitigation. The operators of the OGSEF shall continuously employ the practices for
control of fugitive dust detailed in their dust mitigation plan submitted as required by
Section 21-5-505.J, above.
E. Underground cables. All electrical cables on the improved area shall be buried, except for
direct current string wires that connect between solar collectors, direct current collection
circuits between rows of solar arrays that are no more than four (4) feet above grade
crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts (where
necessary).
F Fencing. The OGSEF shall be enclosed with a security fence as approved pursuant to a
fencing plan submitted to OGED.
G Stormwater management. The Operator of the OGSEF shall submit a drainage report to
comply with required Storm Drainage Criteria pursuant to Chapter 8, Article XI of this
Code. Additional requirements for Municipal Separate Storm Sewer System (MS4) areas
may be applicable pursuant to Chapter 8, Article IX of this Code. Ground -mounted solar
collector systems shall be exempt from impervious surface calculations if the soil under
the collectors is designated hydrologic A or B soil groups by the Natural Resources
Conservation Service (NRCS).
H Access permit. The OGSEF shall utilize the same approved access point as the Oil and
Gas Location.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Municode to supplement the Weld County Code with the amendments
contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they
currently exist within said Code; and to resolve any inconsistencies regarding capitalization,
grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections
in said Code.
BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective
of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or
phrases might be declared to be unconstitutional or invalid.
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The above and foregoing Ordinance Number 2024-09 was, on motion duly made and
seconded, adopted by the following vote on the 26th day of June, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: (AYE)
Kevin D. Ross, Chair
Weld County Clerk to the Board
(AYE)
Perry L. Buck, Pro-Tem
BY:
Deputy Clerk to the Board
(AYE)
Mike Freeman
APPROVED AS TO FORM: (AYE)
Scott K. James
County Attorney
Lori Saine
Date of signature:
First Reading: May 22, 2024
Publication: May 26, 2024, in the Greeley Tribune
Second Reading: June 10, 2024
Publication: June 16, 2024, in the Greeley Tribune
Final Reading: June 26, 2024
Publication: June 30, 2024, in the Greeley Tribune
Effective: July 5, 2024
PAGE 50
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