HomeMy WebLinkAbout20252630.tiffWeld County Code Ordinance 2025-12
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 Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, the Board of County Commissioners, 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 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repealed and re-enacted, with amendments, to read as follows.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
Division 1 General and Introductory Provisions
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 Locations and Facilities
shall be construed to have the meanings set forth as follows:
1041 WOGLA Hearing Officer: means the Oil and Gas Energy Department Hearing
Officer as appointed by the Board of County Commissioners and may also be referred to
herein as the "Hearing Officer".
1041 WOGLA Permit: means a 1041 Weld Oil and Gas Location Assessment permit
issued pursuant to this Article V. A 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.
1041 WOGLA Zone: means a boundary measuring two thousand (2,000) feet from the
Location.
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Applicant: means the Person or entity who applies for a 1041 WOGLA Permit. The
Applicant may be referred to herein as the "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
Application" or "Application".
Application for Intervention: means a form supplied by OGED for the purpose of applying
to intervene in a 1041 WOGLA Hearing pursuant to Section 21-5-340 of this Article V.
Authority Having Jurisdiction ("AHJ'): means any other entity which may have jurisdiction
over a certain area or may own or operate certain interests affected by the Application.
Certain examples may include the State of Colorado, municipalities, metro districts, or
ditch companies.
Best Management Practices ('BMPs'): means practices that are designed to prevent or
reduce impacts caused by Oil and Gas Operations or Deep Geothermal 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 ("BU"): 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.
Chemical(s): means any element, Chemical compound, or mixture of elements or
compounds that has its own specific name or identity such as a Chemical abstract service
number, whether or not such Chemical is subject to the requirements of 29 C.F.R. Section
1910.1200(g) (2011).
Child Care Center: means a Child Care Center as defined in Section 26-6-102(5), C.R.S.,
that is in operation at the time of the 1041 WOGLA Permit notice pursuant to Section
21-5-317, below. A Child Care Center will include any associated outdoor play areas
adjacent to or directly accessible from the center and is fenced or has natural barriers,
such as hedges or stationary walls, at least four (4) feet high demarcating its boundary.
Insert Class II Well: means a Well that is used only to inject fluids associated with oil and
natural gas production as further defined in EPA Regulation 40 CFR § 144.6
Insert Class VI Well: means a Well that is used for injecting CO2 Stream for geologic
sequestration as further defined in EPA Regulation 40 CFR § 146.81.
Closed Loop Geothermal System: means a Deep Geothermal Operation in which a
Material Medium is circulated inside an interconnected sealed system, and which neither
produces nor injects Geothermal Fluids from or to the subsurface formation.
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Closed Loop System: means a mechanical system that separates liquids and solids
during drilling operations to eliminate the need for Reserve Pits.
Completed Well: means a Well in which oil, gas, or Geothermal Resources are produced
through wellhead equipment from the producing interval(s) after the production string has
been installed.
CO2 Stream: means a gas, liquid or supercritical product stream which contains carbon
dioxide (0O2), nitrogen (N2), oxygen (O2), associated substances derived from various
source materials authorized under the Class VI Permit, any substances added to the
stream to enable or improve the injection process into the Injection Zone, and any
combination of these substances.
Completion: means an Oil Well shall be considered completed when the first new oil is
produced through wellhead equipment into lease tanks or Production Facility from the
ultimate producing interval after the production string has been run. A Gas Well shall be
considered completed when the Well is capable of producing gas through wellhead
equipment from the ultimate producing zone after the production string has been run. A
Deep Geothermal Well shall be considered completed when the first Geothermal
Resource is produced through wellhead equipment, except for Geothermal Injection
Wells which will be considered completed ninety (90) days after reaching total depth or
when the Operator receives authorization to inject. A dry hole shall be considered
completed when all provisions of plugging are complied with as set out in these rules. Any
Well not previously defined as an Oil or Gas Well or a Deep Geothermal Well, shall be
considered completed ninety (90) days after reaching total depth. If approved by the
Director, a Well that requires extensive testing shall be considered completed when the
drilling rig is released or six (6) months after reaching total depth, whichever is later. May
also be referred to herein as "Completing".
Conditions of Approval ("COA'): means those conditions applied to a 1041 WOGLA
Permit by the OGED Director or Hearing Officer.
Construction Phase: means all those activities related to the site construction, drilling and
well completion that occur prior to interim Reclamation being performed in accordance
with Section 21-5-464 of this Code. Construction Phase does not include activities such
as surveying, staking, etc.
Deep Geothermal Facility: means equipment or improvements used or installed at a Deep
Geothermal Location for the exploration, production, withdrawal, treatment, processing,
or injection of Geothermal Resources, Geothermal Fluids, water, or E&P Waste.
Deep Geothermal Location: means a definable area where an Operator has disturbed or
intends to disturb the land surface in order to locate a Deep Geothermal Facility.
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Deep Geothermal Operation(s): means
A. Any exploration for or production of;
1. Allocated Geothermal Resources; or
2. Geothermal Resources that are deeper than 2,500 feet below the surface.
B. Deep Geothermal Operation includes the following activities related to the
operation of a Deep Geothermal Well:
1. Conducting geophysical operations; drilling test bores and monitoring wells;
siting; installing and operating Flowlines; drilling; deepening; recompleting;
reworking; repurposing; and Plugging and Abandoning.
2. Deep Geothermal Operation also includes any constructing, site preparing,
disposing of geothermal wastes, or reclaiming activities associated with the
activities described in Part B.1. of this definition.
C. Deep Geothermal Operation does not include:
1. Any exploration or production activities associated with the groundwater in the
Denver Basin Aquifers; or
2. Ancillary Heat Production.
Insert Deep Geothermal Well: means a hole drilled for exploration for and production of
Allocated Geothermal Resources or Geothermal Resources that are deeper than two
thousand five hundred (2,500) feet below the surface. Deep Geothermal Well includes
Geothermal Injection Wells.
Designated Outside Activity Area ("DOAA'): means:
A. An outdoor venue or recreation area, such as a playground, permanent sports
field, amphitheater, or other similar place of public assembly owned or operated
by a Local Government, which the Local Government requests to have established
as a DOAA; or
B. An outdoor venue or recreation area, such as a playground, permanent sports
field, amphitheater, or other similar place of public assembly where ingress to, or
egress from the venue could be impeded in the event of an emergency condition
at a Location less than three hundred and fifty (350) feet from the venue due to the
configuration of the venue and the number of persons known or expected to
simultaneously occupy the venue on a regular basis.
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Development Area ("DA"): means the subsurface area in which an Operator intends to
inject permitted substances or extract oil, gas and other resources.
Drilling Fluid: means the fluid mixture of water, mud, oil, and Chemicals used to lubricate
the drill bit during drilling operations.
Delete Drilling Pits.
Delete Emergency Pit.
Exploration and Production Waste ("ESP Waste"): means those wastes associated with
operations to locate or remove oil, gas, or Geothermal Resources from the ground or to
remove impurities from such substances and which are uniquely associated with and
intrinsic to oil and gas or geothermal exploration, development, or production operations
that are exempt from regulation under Subtitle C of the Resource Conservation and
Recovery Act (RCRA), 42 USC Sections 6921, et seq. For natural gas, primary field
operations include those production -related activities at or near the wellhead and at the
gas plant (regardless of whether or not the gas plant is at or near the wellhead), but prior
to transport of the natural gas from the gas plant to market.
Facility(ies): means any Deep Geothermal Facility or any Oil and Gas Facility.
Field: means the general area which is underlaid or appears to be underlaid by at least
one (1) pool; and "Field" shall include the underground reservoir or reservoirs containing
oil or gas or both. The words "Field" and "pool" mean the same thing when only one (1)
underground reservoir is involved; however, "Field," unlike "pool," may relate to two or
more pools.
Floodplain: when used in this Article V, shall have the same meaning as the definition
included in Section 23-1-90.
Flowback: means the process of allowing fluids and entrained solids to flow from a Well
following stimulation, either in preparation for a subsequent phase of treatment or in
preparation for cleanup and placing the Well into production. The term Flowback also
means the fluids and entrained solids that emerge from a Well during the Flowback
process.
Flowline: means a segment of pipe transferring oil, gas, condensate, Geothermal
Resources and/or water between a wellhead and processing equipment to the load point
or point of delivery to a U.S. Department of Transportation Pipeline and Hazardous
Materials Safety Administration or Colorado Public Utilities Commission regulated
Gathering Line or a segment of pipe transferring Produced Water or Geothermal
Resources between a wellhead and the point of disposal, discharge, loading, or use. This
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definition of Flowline does not include a Gathering Line. Also, a segment of pipe
transferring only Fresh Water is not a Flowline. The different types of Flowlines are:
A. Wellhead Line: A Flowline that transfers Well production fluids from an Oil or Gas
Well to processing equipment (e.g., separator, production separator, Tank, heater
treater), not including preconditioning equipment such as sand traps and line
heaters, which do not materially reduce line pressure.
Production Piping: A segment of pipe that transfers Well production fluids from a
wellhead line or production equipment to a Gathering Line or storage vessel and
includes the following:
1. Production Line: A Flowline connecting a separator to a meter, LACT, or
Gathering Line;
2. Dump Line: A Flowline that transfers Produced Water, crude oil, or
condensate to a storage Tank, Pit, or process vessel and operates at or
near atmospheric pressure at the Flowline's outlet;
3. Manifold Piping: A Flowline that transfers fluids into a piece of Production
Facility equipment from lines that have been joined together to comingle
fluids; and
4. Process Piping: All other piping that is integral to oil and gas exploration
and production related to an individual piece or a set of Production Facility
equipment pieces.
C. Geothermal Flowline: means a flowline which transports a Material Medium from
a Deep Geothermal Well to a heat exchanger, a flowline which transports a
Material Medium from a Deep Geothermal Well to a geothermal power plant, a
flowline which transports a Material Medium from one Location permitted by the
ECMC to another Location permitted by the ECMC, or a flowline which transports
a Material Medium to a Geothermal Injection Well.
1. Geothermal Flowline does not include a flowline used to transport heat or a
Material Medium to an end use located off a Location permitted by the
ECMC other than one for geothermal power production. Such Flowlines are
Off -Location Flowlines.
D. Off -Location Flowline: A Flowline transferring produced fluids (crude oil, natural
gas, condensate, Produced Water, Geothermal Resources, or Geothermal Fluids)
from a Location to a Production Facility, injection facility, Pit, or discharge point
that is not on the same Location. This definition also includes Flowlines connecting
to gas compressors or gas plants.
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E. Peripheral Piping: A Flowline that transfers fluids such as fuel gas, lift gas,
instrument gas, or power fluids between Facilities for lease use.
F. Produced Water Flowline: A Flowline on the Location used to transfer Produced
Water for treatment, storage, discharge, injection or reuse for Oil and Gas
Operations.
A segment of pipe transferring only Fresh Water is not a Flowline.
Delete Freshwater Pit.
Future School Facility: means a School Facility that is not yet built, but that the School or
School Governing Body plans to build and use for students and staff within three (3) years
of the date the School or School Governing Body receives a 1041 WOGLA Permit notice
pursuant to Section 21-5-317., below. To be considered a Future School Facility, the
following requirements must be satisfied:
A. For public, non -charter Schools, the School Governing Body must affirm the
nature, timing, and location of the Future School Facility in writing; or
B. For charter Schools, the School must have been approved by the appropriate
School district or the State Charter School Institute, Section 22-30.5-505, C.R.S.,
at the time it receives a 1041 WOGLA Permit notice pursuant to Section 21-5-317,
below; and the School Governing Body must affirm the nature, timing, and location
of the Future School Facility in writing; or
C. For private Schools, the School Governing Body must be registered with the Office
of the Colorado Secretary of State at the time it receives a 1041 WOGLA Permit
notice pursuant to Section 21-5-317, below, and must provide documentation
proving its registration with the Office of the Colorado Secretary of State, its tax-
exempt status, and its submitted Land Use plans to the relevant Local Government
building and planning office.
Gas Well: means a Well, the principal production of which at the mouth of the Well is gas,
as defined by the Oil and Gas Conservation Act of the State of Colorado ("the Act"),
including non -hydrocarbon gases such as Carbon Dioxide and Helium.
Gas Storage Well: means any Well drilled for the injection, withdrawal, production,
observation, or monitoring of natural gas stored in underground formations. The fact that
any such Well is used incidentally for the production of native gas or the Enhanced
Recovery of native hydrocarbons shall not affect its status as a Gas Storage Well.
Geologic Sequestration: means the long-term containment of CO2 Stream within the
Injection Zone.
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Geothermal Act: means The Colorado Geothermal Resources Act, Section 37-90.5-101,
C.R.S., et seq.
Geothermal By -Products: means dissolved or entrained minerals and gases that may be
obtained from the Material Medium, excluding hydrocarbon substances and carbon
dioxide.
Geothermal Fluid: means naturally occurring groundwater, brines, vapor, and steam
associated with a Geothermal Resource.
Geothermal Injection Well: means a Well drilled, converted, or reworked for the purpose
of injecting fluids approved for disposal, subsidence abatement, reservoir pressure
maintenance, reservoir fluid augmentation, or circulation.
Delete Geothermal Pad Surface.
Geothermal Resources: means the natural heat of the earth and includes:
A. The energy that may be extracted from that natural heat:
B. The Material Medium used to extract the energy from a Geothermal Resource; and
C. Geothermal By -Products.
Geothermal Resource Unit ("GRU'): means, consistent with Section 37-90.5-109, C.R.S.,
lands allocated by the Commission to a single Deep Geothermal Well or multiple Deep
Geothermal Wells for development of Geothermal Resources, pursuant to ECMC Rule
1309.
Geothermal Science Well: means a hole drilled for the purpose of obtaining subsurface
information to support Geothermal Resource development. Geothermal Science Well
includes, but is not limited to, geothermal gradient Wells, geothermal observation Wells,
and geothermal monitoring Wells. Geothermal Science Well does not include Wells
utilized to develop Geothermal Resources.
Groundwater: means subsurface waters in a zone of saturation which are or can be
brought to the surface of the ground or to surface waters through wells, springs, seeps or
other discharge areas.
Haul Route: means the Weld County approved route that identifies the traffic flow to and
from the Location to the nearest County designated arterial roadway or designated
highway (State or Federal). The Haul Route shall apply to all vehicles during the
Construction Phase including drilling, Completion and Flowback. During the Production
Phase or traffic associated with repair and maintenance activities, the Haul Route shall
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apply to all vehicles with a GVWR (Gross Vehicle Weight Rating) exceeding 10,000
pounds or any vehicle towing equipment. Production Phase exclusions to the Haul Route
shall apply to all local hauling. Exceptions to the Haul Route shall apply to any Transport
Permits issued pursuant to Chapter 8 Article XV of Weld County Code.
High Occupancy Building Unit ("HOBU'): means any School, 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; an operating
Child Care Center as defined in Section 26-6-102(5), C.R.S.; or multi -family dwelling with
four or more units.
Delete Hydraulic Fracturing.
Hydraulic Fracturing Fluid: means the fluid, including the applicable base fluid and all
hydraulic fracturing additives, used to perform a Hydraulic Fracturing Treatment.
Hydraulic Fracturing Treatment: means all stages of the treatment of a Well by the
application of Hydraulic Fracturing Fluid under pressure that is expressly designed to
initiate or propagate fractures in a target geologic formation to enhance production of oil,
and natural gas, or production or injection of Geothermal Resources.
Injection Zone: means a defined geologic formation, group of formations, or part of a
formation that is of sufficient areal extent, thickness, porosity and permeability to receive
CO2 Stream through a Class VI Well, or fluids associated with oil and natural gas
production through a Class II Well.
Local Government: means a county (in this Article V other than Weld County), home rule
or statutory city, town, territorial charter city or city and county, or any special district
established pursuant to the Special District Act, Sections 32-1-101 to 32-1-1807 (2024)
C.R.S., which is located within two thousand (2,000) feet from the Location.
Location(s): means any Deep Geothermal Location or any Oil and Gas Location.
Material Medium: means Geothermal Fluid as well as any other substance used to
transfer energy from a Geothermal Resource.
Minimize Adverse Impacts: means, wherever reasonably practicable, and taking into
consideration cost effectiveness, technical feasibility and the Development Standards set
forth in Division 4 of this Article V, to avoid adverse impacts to public health, safety,
environment and Wildlife Resources. Operators shall consolidate facilities and Pipeline
rights -of -way, and minimize the extent and severity of those impacts that cannot be
avoided considering such minimization is reasonably practicable, takes into consideration
cost effectiveness, and is technically feasible.
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Modular Large Volume Tanks ("MLVTs'): means any above ground tank field assembled
from multiple uniform factory prepared components used to support a synthetic liner
which provides primary containment for 5,000 barrels or more of fluids. By this definition,
MLVTs are typically field assembled on a Location for temporary use and are dismantled
for movement to a different location following their use.
Delete Multi -Well Pits.
Insert Noxious Weeds: when used in this Article V, shall have the same meaning as the
definition included in Section 15-1-30.
Oil and Gas Facility: means equipment or improvements used or installed for the benefit
of any Well for the purpose of exploration, production, withdrawal, treatment, or
processing of crude oil, condensate, E&P Waste, and gas. Oil and Gas Facility may also
be referred to herein in certain circumstances synonymously as "Facility".
Oil and Gas Solar Energy Facility ("OGSEF'): means equipment 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 Facility. Submittal requirements and operation of OGSEF's are contained in Section
21-5-320.
Move and list after Oil Well - Oily Waste: means those materials containing crude oil,
condensate, or other E&P waste, such as soil, frac sand, Drilling Fluids, and pit sludge
that contain hydrocarbons.
Operator: means any Person who exercises the right to control the conduct of Oil and
Gas Operations. An Operator may be an Applicant for a 1041 WOGLA Permit. The
Operator may be referred to herein as the "Applicant."
Operator Registration: means the process by which a Person, company or other entity
has registered with OGED. Operator Registration shall be completed annually via the
online form on the OGED page of the Weld County website and shall be kept on record
so long as the Person, company or other entity has operational Wells, Facilities, Oil and
Gas Locations, or Deep Geothermal Locations in Weld County.
Pit: means any natural or man-made depression in the ground that is lined with an
impermeable substance, used for Deep Geothermal Operations or oil or gas exploration
or production purposes. Pit does not include steel, fiberglass, concrete or other similar
vessels which do not Release their contents to surrounding soils.
A. Construction Phase Pits: means those Pits used during drilling operations and
initial Completion of a Well, and include:
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1 Ancillary Pits used to contain fluids during drilling operations and initial
Completion procedures, such as circulation Pits and water storage Pits.
2. Completion Pits used to contain fluids and solids produced during initial
Completion procedures, and not originally constructed for use in drilling
operations.
3. Flowback Pits used to contain fluids and solids produced during initial
Completion procedures.
4. Reserve Pits used to store drilling fluids for use in drilling operations or to
contain E&P Waste generated during drilling operations and initial
Completion procedures.
13. Emergency Pit: means a man-made depression in the ground that is used to
contain liquids during an initial phase of emergency response operations related
to a Spill/Release or process upset conditions. Emergency Pits do not need to be
lined unless such lining is deemed necessary to protect the public health, safety,
welfare, environment, and wildlife of Weld County.
C. Freshwater Pit: means a man-made depression in the ground that is lined with an
impermeable substance which contains Fresh Water used for drilling or Hydraulic
Fracturing operations.
D. Multi -Well Pits: means Pits used for treatment, storage, recycling, reuse, or
disposal of E&P Wastes generated from more than one (1) Well that will be in use
for no more than three (3) years.
E. Production Pit: means a man-made depression in the ground that is lined with an
impermeable substance which is used after drilling operations and initial
Completion of a well. Production Pits include:
1. Produced Water Pit: means a man-made depression in the ground that is
lined with an impermeable substance used to temporarily store Produced
Water prior to injection for enhanced recovery or disposal, off -site transport,
recycling or surface -water discharge.
2. Evaporation Pit: means a man-made depression in the ground that is lined
with an impermeable substance used to contain Produced Waters which
evaporate into the atmosphere by natural thermal forces.
F Special Purpose Pits: means Pits used in Oil and Gas Operations, including Pits
related to Produced Water Flowlines or associated with E&P Waste from gas
gathering, processing and storage facilities, which constitute:
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1. Blowdown Pits used to collect material resulting from, including but not
limited to, the emptying or depressurizing of Wells, vessels, or Flowlines, or
E&P Waste from gathering systems.
2. Flare Pits used exclusively for flaring gas.
3. Basic Sediment/Tank Bottom Pits used to temporarily store or treat the
extraneous materials in crude oil which may settle to the bottoms of Tanks
or production vessels and which may contain residual oil.
4. Workover Pits used to contain liquids during the performance of remedial
operations on a producing Well to increase production.
5. Plugging Pits used for containment of fluids encountered during the
plugging process.
Plugging and Abandonment ("P&A'): means the permanent plugging of a Well, the
removal of its associated Production Facility, the abandonment of its Flowline(s), and the
Remediation and Reclamation of the Well Site.
Point of Compliance: means one (1) or more points or locations at which compliance with
applicable regulatory requirements; including, but not limited to Groundwater standards
established under Water Quality Control Commission Basic Standards for Groundwater,
Section 3.11.4, must be achieved.
Delete Pore Space.
Produced Water: means water extracted from the earth from an oil or natural gas
production Well, or separated from crude oil, condensate, or natural gas after extraction.
Produced Water Includes Flowback water, excluding proppants returned to the surface.
A. Recycled/Treated Produced Water:
Produced Water that has been treated by approved methods to reduce
hydrocarbons and/or volatile organic compounds (VOCs), consistent with all
applicable local, state, and federal standards. Such water shall meet
environmental, air quality, and carbon emission criteria and be suitable for reuse
in oil and gas operations or other applications as may be permitted by law.
Production Facility: means equipment or improvements used or installed at a Location for
any storage, separation, treating, dehydration, artificial lift, power supply, compression,
pumping, metering, monitoring, Flowline, and other equipment directly associated with a
Well.
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Production Phase: means all those activities on a Location related to production that
occur after the Wells are first turned to sales, or interim Reclamation has been performed
in accordance with Section 21-5-464 of this Article V.
Delete Production Pit.
Delete Produced Water.
Proppant: means sand or any natural or man-made material that is used in a Hydraulic
Fracturing Treatment to prop open the artificially created or enhanced fractures once the
treatment is completed.
Public Water System: means those systems shown and/or listed in Appendix VI of the
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:
A. Any collection, treatment, storage, and distribution facilities under control of the
Operator of such system and used primarily in connection with such system.
B. Any collection or pretreatment storage facilities not under such control, which are
used primarily in connection with such system.
The definition of "Public Water System" does not include any "special irrigation
district," as defined in Colorado Primary Drinking Water Regulations (5 C.C.R.
1003.1).
Reclamation: means the process of returning or restoring the surface of disturbed land as
nearly as practicable to its condition prior to the commencement of Oil and Gas
Operations or Deep Geothermal Operations or to landowner specifications. Reclamation
may be interim or final as set forth in Sections 21-5-464 and 21-5-466 of this Article V.
Reference Area: means an area either (1) on a portion of the site that will not be disturbed
by Oil and Gas Operations or Deep Geothermal Operations, if that is the desired final
Reclamation; or (2) another location that is undisturbed by Oil and Gas Operations or
Deep Geothermal Operations and proximate and similar to a proposed Location in terms
of vegetative potential and management, owned by a person who agrees to allow periodic
access to it by the OGED Director and the Operator for the purpose of providing baseline
information for Reclamation standards, and intended to reflect the desired final
Reclamation.
Remediation: means the process of reducing the concentration of a contaminant or
contaminants in water or soil to the extent necessary to ensure compliance with the
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concentration levels in Appendix 21-A of this code and other applicable Ground Water
standards and classifications.
Remote Location: means a Location where there are no sensitive receptors (e.g. Building
Units, High Priority Habitats, or Designated Outside Activity Areas) that are located within
1.0 mile (5,280 ft.), a remote location may otherwise be determined by the OGED Director
based on existing topographical, geographical, and other factors.
Delete Reserve Pits.
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. Each
individual residence within a building will be counted as one Residential Building Unit.
Responsible Party: means an owner or Operator who conducts an Oil and Gas Operation
or a Deep Geothermal Operation in a manner which is in contravention of any
then -applicable provision of this Code, or order of the Hearing Officer, or of any permit,
that threatens to cause, or actually causes, a significant adverse environmental impact to
any air, water, soil, or biological resource. Responsible Party includes any person who
disposes of any other waste by mixing it with exploration and production waste so as to
threaten to cause, or actually cause, a significant adverse environmental impact to any
air, water, soil, or biological resource.
School Governing Body: means the School district board or board of directors for public
Schools or the board of trustees, board of directors, or any other body or person charged
with administering a private School or group of private Schools, or any -body or person
responsible for administering or operating a Child Care Center. A School Governing Body
may delegate its rights under these rules, in writing, to a superintendent or other staff
member, or to a principal or senior administrator of a School that is in proximity to the
proposed Location.
Sensitive Area: means an area vulnerable to potential significant adverse Groundwater
impacts, due to factors such as the presence of shallow Groundwater or pathways for
communication with deeper Groundwater; proximity to surface water, including lakes,
rivers, perennial or intermittent streams, creeks, irrigation canals, and Wetlands.
Additionally, areas classified for domestic use by the Colorado Water Quality Control
Commission, local (water supply) wellhead protection areas, areas within one -eighth (%)
mile of a domestic water Well, areas within one -quarter (1/4) mile of a public water supply
Well, Ground Water basins designated by the Colorado Ground Water Commission, and
surface water supply areas are Sensitive Areas. When the Operator or OGED Director
has data that indicate an impact or threat of impact to ground water or surface water, the
OGED Director may require the Operator to make a Sensitive Area determination and
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that determination shall be subject to the OGED Director's approval. The Sensitive Area
determination shall be made using appropriate geologic and hydrogeologic data to
evaluate the potential for impact to Ground Water and surface water, such as soil borings,
monitoring Wells, or percolation tests that demonstrate that seepage will not reach
underlying Ground Water or Waters of the State and impact current or future uses of
these waters. Operators shall submit data evaluated and analysis used in the
determination to the OGED Director. Operations in Sensitive Areas shall incorporate
adequate measures and controls to prevent significant adverse environmental impacts
and ensure compliance with the concentration levels in Appendix 21-A of this Code, with
consideration to WQCC standards and classifications.
Site Analysis: means the comprehensive planning process performed by the Applicant
which considers the site the Applicant intends to deliver to the OGED Director inside of a
1041 WOGLA Permit Application against one or more alternative sites considered by the
Applicant in terms of protecting public health, safety, welfare, environment and wildlife.
Delete Special Purpose Pits.
Spud: means the initiation of drilling the surface casing hole of a Well.
Storm water Runoff. means rain or snowmelt that flows over land and does not percolate
into soil and includes stormwater that flows onto and off a Location or Facility, being more
specifically defined in Chapter 8 of this Code.
Delete Sundry Process.
Surface Owner: means any person currently owning all or part of the surface of land upon
which Oil and Gas Operations or Deep Geothermal Operations are conducted, as shown
by the tax records of the county in which the tract of land is situated, or any person with
such rights under a recorded contract to purchase.
Surface Use Agreement ("SUA'): means any agreement in the nature of a contract or
other form of document, signed by the landowner and notarized, binding on the Operator,
including any lease, damage agreement, waiver, Local Government approval or permit,
or other form of agreement, which governs the Operator's activities on the surface in
relation to locating a Well, Multi -Well Site, Production Facility, Pipeline, any other Facility
that supports oil and gas or Geothermal Resource development, located on the Surface
Owner's property.
Turn -in -Line: means a Well turned to sales, and may also be referred to herein as "TIL."
Delete Weed.
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Insert Waters of the State: means any and all surface and subsurface waters which are
contained in or flow in or through this state, but does not include waters in sewage
systems, waters in treatment works of disposal systems, water in potable water
distribution systems, and all water withdrawn for use until use and treatment have been
completed. Waters of the State include, but are not limited to, all streams, lakes, ponds,
impounding reservoirs, Wetlands, watercourses, waterways, wells, springs, irrigation
ditches or canals, drainage systems, and all other bodies or accumulations of water,
surface and underground, natural or artificial, public or private, situated wholly or partly
within or bordering upon the State.
Well: means a Deep Geothermal Well, an Oil Well or Gas Well, a Class II Well, a Class
VI Well, 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, Production Facilities directly associated with any Well and its
associated Well pad.
Insert Wetlands: means those lands as defined by the EPA pursuant to Section 404 of
the Clean Water Act and based on the Army Corps of Engineers Wetland Delineation
Manual.
Wildlife Resources: means fish, wildlife, and their aquatic and terrestrial habitats used for
all life stages, including reproduction, rearing of young and foraging, and the migration
corridors and seasonal ranges necessary to sustain robust wildlife populations.
WOGLA: means those Weld Oil and Gas Location Assessment permits approved by the
Weld County Department of Planning Services between February 2017 and August 2019.
May also be referred to herein as "WOGLA Permit" or "WOGLA Location".
Remainder of Section — No change.
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 Well Sites, Facilities, and
Location are developed in a manner that complies with various Development
Standards set forth in Division 4 of this Article V and provides compatibility with
Uses located within two thousand (2,000) feet of the Location (including School
Facilities and Child Care Centers within two thousand (2,000) feet of the Location).
The 1041 WOGLA Permit is designed to protect and promote the health, safety,
and welfare of Weld County's citizens, environment, and wildlife.
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A 1041 WOGLA Permit is required after August 5, 2019, for the construction of a
Well Site, a Facility, and/or a 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 21-5-355.B.
No Well Site, Facility, and/or 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. Any new Location, meaning surface disturbance at a previously undisturbed
or fully Reclaimed site;
2. Surface disturbance for purposes of permanently expanding an existing
Location beyond the originally disturbed area; and
3. Major changes to an existing Facility or Location as outlined in Section 21-
5-355.
D. No 1041 WOGLA Permit shall be required for:
1. A Location or Facility for which an application has been submitted to the
ECMC 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 an
amendment to OGED for determination if a 1041 WOGLA Permit is
required. See Section 21-5-355.
2. Refracs, recompletions, or routine Well Site operations, including, but not
limited to, swabbing, workovers and normal repairs and maintenance of an
existing Facility. Like kind replacement of equipment would be considered
routine Well Site operations.
3. Surface disturbance at an existing Location within the original disturbed
area which does not have the effect of permanently expanding the Facility
or the Location.
4. Repairs or maintenance of a Facility required by a state or federal
compliance order.
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5. — No change.
Changes of use, changes of equipment, or any other changes or modifications to
a Location or Facility located within the Weld Mineral Resources (Oil and Gas)
Area shall submit documentation via the amendment process as outlined in
Section 21-5-355.
F. through H. — No change.
The review, consideration and issuance of a 1041 WOGLA Permit is an
administrative hearing process and is exempt from the definition of Development
set forth in the agreements contained in Chapter 19 of the Weld County Code.
However, oil and gas exploration and production in Weld County is considered
development as that term is defined in Section 24-65.1-102(1), C.R.S. As such,
Section 24-65.1-108, C.R.S., is applicable to permitting of oil and gas development
in Weld County.
J. Information regarding the status of or facts and circumstances regarding an
approved 1041 WOGLA Permit, including any desired changes or modifications,
may be transmitted by an Operator to the OGED Director via electronic means.
Amend Sec. 21-5-40. Relationship of 1041 WOGLA Regulations to other county,
state, and federal requirements affecting oil and gas exploration and production.
A. — No change.
B. As stated in Section 21-5-10, above, these 1041 WOGLA Regulations are written,
in part, according to the authority granted exclusively to Local Governments in
Subsections 29-20-104(1)(g) and (1)(h), C.R.S., and are intended to address the
following areas and topics regarding oil and gas exploration and production in Weld
County:
1. — No change.
2. The location and siting of Facilities and Locations;
3. through 4. — No change.
5. Financial securities, indemnification, and insurance as appropriate;
Remainder of Section — No change.
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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.
The regulations set forth in this Article V may be dependent upon the Planning Area in
which the Location is situated.
Remainder of Section — No change.
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 Well Site, Facility, and/or 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.
B. — No change.
C. Operator Registration. All persons or entities desiring to perform Oil and Gas
Operations within the Weld Mineral Resource (Oil and Gas) Area shall have a valid
Operator Registration Form on file with OGED, pursuant to Section 21-5-50 above.
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, or a virtual meeting, 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 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. The primary reasons for the pre -application meeting are to discuss
comprehensive planning and the 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:
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Pre -Application Meeting Request. The pre -application meeting request
shall be submitted electronically to the OGED Director.
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 Location siting. The drawing shall identify the DA
for which the Wells on the Location are intended to produce, and the
preferred site the Applicant is considering.
This drawing shall include, but not be limited to, all property lines, geologic
hazards, airport overlay districts, floodplains, floodways, subdivisions, city
limits, and county boundaries, within the DA. In the case of a Location with
no Wells, the Well(s) producing to that Location shall be identified. In the
case of a Location involving a Class II or Class VI Well, the DA shall be
considered the Injection Zone. In the case of a Geothermal Well, the DA
shall be the 1041 WOGLA Zone.
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 Location. The map
shall identify the proposed Haul Route, from the preferred Location to the
nearest County designated arterial roadway or state or federal designated
highway, and indicate the desired access point. Additionally, the map shall
indicate the direction of traffic when traffic reaches the arterial roadway or
highway.
This drawing shall label all traveled County roads and private roads,
indicating whether they are paved or gravel, and shall identify any bridges,
culverts, irrigation structures, local towns, Schools, School Facilities, Future
School Facilities and/or Child Care Centers in which the Haul Route passes.
4. Surface Owner name and date and reception number of signed SUA, if
available.
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) days of the submitted request. Invitations to participate in the
pre -application meeting will also be sent to the ECMC Director and staff,
CPW, 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.
Remainder of Section — No change.
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Amend Sec. 21-5-317. 1041 WOGLA notice.
A. 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. The OGED Director, via electronic submittal;
2. — No change.
3. Property owner(s) whose property boundaries are within two thousand
(2,000) feet or less of the Location (as determined by the Weld County
Assessor's records at the time of notice);
4. and 5. — No change
6. The LGD for Local Government(s) whose boundaries are within two
thousand (2,000) feet or less of the Location; and
7. The principal, senior administrator, or School Governing Body of any School
Facility, Future School Facility, or Child Care Center whose properties or
jurisdictional boundaries are located within two thousand (2,000) feet or less
of the Location.
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:
1. The parcel number and legal description of the Location.
2. A general description of the proposed Facility, including the number of
proposed Wells.
3. Total disturbed acreage of the Location.
4. — No change.
5. A statement that the notice recipient may request a meeting to discuss the
proposed Location with the Operator or the County.
a. — No change.
6. A statement that the Applicant will consider reasonable mitigation measures
proposed by the notice recipient to Minimize Adverse Impacts of the
proposed Location.
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7 The following shall be attached to the notice:
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 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 Location, as
determined by the Weld County Assessor's records.
The drawing shall identify all buildings, School Facilities, Future
School Facilities or Child Care Centers. A horizontal distance and
approximate bearing from the Location shall be provided for all
buildings, Building Units, School, School Facilities, Future School
Facilities or Child Care Centers. If there are no buildings, Building
Units, School, School Facilities, Future School Facilities or Child
Care Centers within two thousand (2,000) feet of a proposed
Location, it shall be so noted on the map.
Haul Route map. The Haul Route map as described in Section 21-5-
315.A.3 above, inclusive of any updates or changes identified. 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 their right to be noticed, in
writing, at any time. The Operator shall provide evidence of this
wavier to OGED, if requested.
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.
1. Application. A 1041 WOGLA Permit Application on the current form
supplied by OGED, shall be fully completed and executed by the
Applicant. If an authorized legal agent signs the Application on behalf
of the Applicant, evidence of a power of attorney or other
authorization must be provided.
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2. Certification of 1041 WOGLA Notice. Completion of this form certifies
that a 1041 WOGLA notice has been delivered to all required notice
parties, pursuant to Section 21-5-317 of this Article V.
3. Certification of Surface Use Agreement. Completion of this form
certifies that a SUA or other agreement has been executed between
the Operator and the Surface Owner(s) of the property where the
Location will be located. This form demonstrates that the Operator
and Surface Owner have agreed to the Location. In the case where
no SUA or other agreement is necessary, the Applicant shall provide
a statement of explanation and attach supporting documentation.
4. Authorization. Where an Applicant is not the Surface Owner of the
parcel(s) on which the 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. Project Narrative. The Applicant shall include a brief synopsis
of the proposed project describing key elements of the site.
This information should, at a minimum, include the number of
proposed Wells, the legal description of the disturbance area
to include the maximum acreage, interim reclaimed and
residual surface disturbance acreage. Identify the zoning and
Planning Area the Location is sited within and if the site lies
within any designated Floodplain, Geological Hazard, MS4,
Airport Overlay District or CPW designated High Priority
Habitat.
Key elements of the Location should include whether the
project will have Pipeline takeaway, permanent Production
Phase lighting, temporary soundwalls, MLVTs as well as the
anticipated time (quarter/year) of when construction will
commence.
If the Location is within any Overlay District Area or a Special
Flood Hazard Area identified by maps officially adopted by
Weld County the Operator should include a statement which
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explains that the Application complies with Article V and
Article XI of Chapter 23 of this Code.
b. A thorough explanation of the Site Analysis the Applicant has
performed for the Location, as supported by the DA drawing
described in Section 21-5-320.B.2. 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 Applicant's 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 the Applicant will provide siting analysis
explanations for the Locations that were discussed during the
pre -application meeting. The Site Analysis shall include
alternatives if the Applicant's chosen site is located within
High Priority Habitat or has the following cultural items within
two thousand (2,000) feet of the Applicant's chosen site as
measured from the Disturbance Area to the cultural item: BUs,
HOBUs, DOAAs, Sensitive Areas, local government
boundaries, and water resources including lakes, ponds,
rivers, and ditches.
c. — No change.
d. A narrative describing plans for interim and final Reclamation.
e. A traffic narrative for the Location addressing operations for
construction, drilling, and completions, shall include the
following information:
1) — No change.
2) The expected Haul Routes for the vehicles.
3) through 4) — No change.
B. Attachments. The following shall be attached to the application:
1. Haul Route Map. The Haul Route map as described in Section 21-5-
315.A.3 above, inclusive of any updates or changes identified.
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2. Development Area drawing. The Development Area (DA) drawing as
described in Section 21-5-315.A.2 above. Additionally, the drawing
shall identify the preferred and alternative sites the Applicant has
considered, or that were discussed during the pre -application
meeting.
3. — No change.
4. 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 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.
Visible improvements shall include, but not be limited to, all buildings
and properties, publicly maintained roads and trails, fences, above-
ground utility lines, railroads, Pipelines or Pipeline markers, mines,
Oil Wells, Gas Wells, injection Wells, water wells known to the
Operator and those registered with the Colorado State Engineer,
known springs, plugged Wells, known sewers with manholes,
standing bodies of water, and perennial or intermittent waterways,
including permanent canals and ditches through which water may
flow.
Measurements specifying the shortest distance between the
Location and the edge/corner of the nearest Building Unit/property
line shall also be included, as well as the distance and approximate
bearing to any surrounding Schools, School Facilities, Future School
Facilities or Child Care Centers. If there are no visible improvements
within two thousand (2,000) feet of a proposed Location, it shall be
so noted on the map.
The Location drawing shall also indicate where the proposed
access(es) enters the Location.
5. Facility Drawing. The purpose of the facility drawing is to identify the
positioning of all equipment on the Location. This shall be a scaled
drawing illustrating the disturbance area of the Location, as well as
the boundaries of the area to be interim reclaimed. The total
disturbed acreage and the residual acreage following interim
Reclamation shall be stated on the drawing. The drawing shall label
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or provide a legend used to identify all existing and proposed Well(s),
equipment, and Flowline corridors on -location. If the Operator
intends to utilize any Telecommunication Antenna Tower as defined
in Section 23-1-90 with standards further outlined in Section 23-4-
830 the placement and height of such must be identified on the
facility drawing. Additionally, the drawing shall depict the placement
of any MLVTs within the Location.
The Facility drawing shall also indicate where the proposed
access(es) enters the Location.
6. Waste management plan. A waste management plan shall be
provided that describes the methods for storing, transporting and
disposing of wastes, along with the names of all disposal facilities to
be utilized for each waste stream. The plan must include a statement
that waste materials will be handled in compliance with and should
cite appropriate local, state and federal regulatory requirements. The
plan should further provide that wastes stored onsite will be stored in
compatible containers that are regularly inspected to ensure they are
in good condition and free of excessive wear, structural issues or
other defects that may impact their effectiveness. Reports and
information regarding the integrity and effectiveness of compatible
containers will be made available for review upon request. At a
minimum, the waste management plan must address the following
waste streams: Drilling Fluids, drill cuttings, Hydraulic Fracturing
Fluid, Flowback and Produced Water, oil -stained soils, tank bottoms,
general trash, hazardous materials, and other non -hazardous solid
wastes.
Weld County will accept substantially equivalent waste management
plans as accepted by the ECMC.
7. — No change.
C. Additional Attachments. The following items may be required as
attachments to the Application, if applicable:
1. Multi -well plan. If the proposed Location is for multiple Wells on a
single pad, a drawing showing proposed wellbore trajectory with
bottom -hole locations shall be attached.
2. Reclamation plan. If the final Land Use includes residential,
industrial, commercial, or cropland, a reclamation plan is not needed.
If the final Land Use includes rangeland, forestry, recreation, wildlife
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habitat, or any other non -excluded Land Use, a Reclamation plan is
required. The plan shall include at least the following information:
a. Reference area map. A topographic map showing the
Location, and the location of the selected Reference Area;
and
Reference area photos. Four (4) color photographs of the
Reference Area, taken during the growing season of
vegetation, one (1) from each cardinal direction. Each
photograph shall be identified by date taken, location name,
and direction of view. Such photographs may be submitted to
OGED any time up to twelve (12) months after the granting of
the 1041 WOGLA Permit.
c. Locations with a proposed OGSEF shall specifically address
reclamation/decommissioning of the solar portion of the
Facility.
Weld County will accept substantially equivalent reclamation plans
as accepted by the ECMC.
3. Noise mitigation plan. An Operator shall submit a noise mitigation
plan as described in Section 21-5-416.A.8. for all Locations within
the Near -Urban Planning Area. For Locations within the Ag-Rural
Planning Area, a noise mitigation plan shall be required if there are
RBUs within the 1041 WOGLA Zone or when requested by the
OGED Director. For Locations sited within HPH, Operators shall
consult with CPW, and on federal lands, the Bureau of Land
Management, or the United States Fish and Wildlife Service
regarding practical BMPs for noise mitigation efforts specific to the
impacted habitat.
4. Dust Mitigation plan. Operators shall submit a Dust Mitigation Plan
for all Locations within the Near -Urban Planning Area. For Locations
within the Ag-Rural Planning Area, a dust mitigation plan shall be
required if there are receptors (BUs, HOBUs, or DOAAs) within the
1041 WOGLA Zone. For Locations sited within HPH, Operators shall
consult with CPW, and on federal lands, the Bureau of Land
Management, or the United States Fish and Wildlife Service
regarding practical BMPs for dust mitigation efforts specific to the
impacted habitat. 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 on high wind days.
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When required, as an attachment to the 1041 WOGLA Application,
the plan shall detail how the Applicant will utilize all practicable BMPs
and other methodologies to reduce dust, including practices such as
the use of speed restrictions; regular road maintenance; restriction
of construction activity during high -wind days; silica dust controls;
road surfacing; construction of wind breaks and barriers; soil
stockpile stabilization; automation of Wells to reduce truck traffic; and
the application of dust suppression. Additionally, the dust mitigation
plan should identify all potential sources of dust that are associated
with both the Construction Phase and Production Phase of
operations.
Weld County will accept substantially equivalent dust mitigation
plans as accepted by the ECMC.
5, Odor Mitigation plan. Operators shall submit an Odor Mitigation Plan
for all Locations within the Near -Urban Planning Area. For Locations
within the Ag-Rural Planning Area, an odor mitigation plan shall be
required if there are receptors (BUs, HOBUs, or DOAAs) within the
1041 WOGLA Zone. For Locations sited within HPH, Operators shall
consult with CPW, and on federal lands, the Bureau of Land
Management, or the United States Fish and Wildlife Service
regarding practical BMPs for odor mitigation efforts specific to the
impacted habitat.
When required, as an attachment to the 1041 WOGLA Application,
the plan shall detail how the Applicant will utilize all practicable BMPs
and other methodologies to reduce odor, including practices such as
the 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 or on -site activity.
Additionally, the Odor Mitigation Plan should identify all potential
sources of odors that are associated with both the Construction
Phase and Production Phase of operations, including, but not limited
to, drilling fluids and cuttings, flowback and produced fluids, and E&P
Waste.
Weld County will accept substantially equivalent odor mitigation
plans as accepted by the ECMC.
6. Oil and Gas Solar Energy Facility (OGSEF) plan. An OGSEF may be
submitted for consideration as part of a 1041 WOGLA Application.
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a. Submittal requirements for Oil and Gas Solar Energy Facilities
(OGSEF). As part of the Application, the following submittals
are required for an OGSEF:
1) Interconnection Agreement. If applicable, 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.
2) Solar Panel Schematic and Photographs. The solar
panel schematics or specifications, including
photographs which depict a similar installation as is
proposed.
b. Financial Assurance. Prior to construction of an OGSEF, an
irrevocable standby letter of credit, bond, or alternate form of
Financial Assurance in an amount sufficient to fund the
estimated decommissioning/reclamation costs required by
this Code. The security shall:
1) Name the Board of County Commissioners of Weld
County as the sole beneficiary of the letter of credit
equal to 100% of the estimated decommissioning, plus
a contingency of 15%.
2) 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.
3) Include an automatic extension provision or "evergreen
clause".
4) Review and adjustment of bond amount, the project
owner shall submit an updated decommissioning cost
estimate to Weld County every five (5) years. Weld
County shall review the submitted estimate and may
require an adjustment to the Financial Assurance to
account for inflation, changes in labor or disposal
costs, and updated technology or site conditions.
5) Be "bankruptcy remote," meaning the Financial
Assurance will be unaffected by the bankruptcy of the
OGSEF Operator.
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6) Weld County, in its sole discretion, may approve
alternative forms of Financial Assurance 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.
7) 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 Assurance, 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.
Any shortfall costs shall be recoverable from the
project owner.
Delete 7.
Renumber 8 to become 7.
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. Both an Emergency Action Plan (EAP) and Tactical Response Plan
(TRP) are required for a 1041 WOGLA Permit. The Applicant shall
complete an EAP and TRP on the template provided by the Weld
County Office of Emergency Management (OEM). OEM will consult
with the local fire district on behalf of the Applicant.
2. Site -specific risk assessment. Following the submittal of a 1041
WOGLA Application, OEM will evaluate Application materials and
determine if a site -specific risk assessment will be required.
A complete site -specific risk assessment should include the following
components:
a. Site Description. Description of facility layout, processes, and
proximity to occupied structures or sensitive areas.
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b. Hazard Identification
1) Operational Hazards: Identification of risks related to
well operations, equipment, and processes.
2) Environmental Hazards: Identification of potential
impacts to air, water, and soil.
c. Consequence Analysis. Evaluation of potential impacts to
health, safety, property, and the environment in the event of
an incident.
d. Likelihood Estimation
1) Frequency analysis based on historical data, industry
benchmarks, and site -specific conditions.
2) Consideration of existing safety systems and mitigative
measures.
e. Existing Controls. Description of engineering and
administrative controls currently in place to manage identified
risks.
f Population Impact Assessment. Evaluation of potential effects
on surrounding populations, including sensitive or vulnerable
groups.
g Risk Evaluation and Mitigation Measures. Risk matrix or
prioritization of identified hazards and corresponding
mitigation strategies.
h. Documentation and Communication. Records of assessment
methodology and findings, and processes for internal and
external communication.
3. An Access Permit is required for a 1041 WOGLA Permit. The
Applicant shall complete an Access Permit application provided by
the Weld County 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 by such AHJ is required.
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4. If county -maintained roads are utilized to access the 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. and b. — No change.
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. The approval of a CIL
payment does not relieve the Operator of dust control obligations for
the Haul Route, or repair work for damage to County roads which is
directly attributed to activities on the Location.
5. A drainage letter is required for a 1041 WOGLA Permit. At the time
of application submittal, a drainage letter shall be provided for review
by Weld County pursuant to the applicable criteria established in
Section 21-5-446 of this Code. Prior to applying for a Grading Permit,
a drainage letter stamped and signed by a Professional Engineer
registered in the State of Colorado must be accepted.
6. If the Location is sited 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 Chapter 23, Article XI of this Code. If required,
a FHDP must be obtained prior to construction.
7. A Grading Permit is required prior to construction of any Location
greater than one (1) acre. This permit is issued by the Weld County
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Department of Public Works pursuant to the requirements of Chapter
8, Article XII of this Code.
Renumber remainder of Section.
Additional information may be required by the OGED Director, resulting from consultation
with referral agencies, and/or the public.
Amend Sec. 21-5-325. Comprehensive Development Plans (CDPs).
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.
A. Process milestones for CDPs. The following steps are required for CDP
Applications.
1. Pre -Application meeting. CDPs 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 Locations proposed. The proposed Haul Route map shall indicate
the preferred route to each Location, along with the proposed access point
to each Location.
2. 1041 WOGLA Notice. 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 boundary.
Each property owner shall be provided the specific notification zone drawing
relevant to their property, as well as an additional map showing the
boundaries of the entire CDP with all individual Locations identified.
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3. 1041 WOGLA CDP Permit Application submittal. In order to be considered
a CDP and request an extended term, there shall be a minimum of three (3)
individual Locations. The Development Areas shall be contiguous.
a. A 1041 WOGLA CDP Permit Application shall be submitted
electronically to the OGED Director. The CDP Application submittal
shall contain the items described within Section 21-5-320.A., with the
exception of Section 21-5-320.A.5.c. and e.
b. Attachments. The following shall be attached to the CDP Application:
1) Haul Route Map as described in Section 21-5-320.B.1.
including the route to each proposed Location.
2) Development Area drawing as described in Section 21-5-
320.B.2. encompassing the entirety of the CDP boundary and
showing each of the individual proposed Locations.
3) Location Drawing as described in Section 21-5-320.B.4. for
each individual Location identified within the CDP.
4) Waste management plan as described in Section 21-5-
320.B.6.
c. Additional Attachments. The Operator may provide any additional
attachments outlined in Section 21-5-320.C. which will be uniform for
all Locations within the CDP area.
d. Additional Weld County issued permits and agreements:
1) An Emergency Action Plan as described in Section 21-5-
320.D.1. (the TRP and any required additional risk
assessment will be required at the time of site -specific
submittal).
2) Comprehensive Road Maintenance Agreement, or other
agreement as detailed in Section 21-5-320.D.4.
3) 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 Weld County Code,
and identify any nearby irrigation ditches or bodies of water
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downstream of any Locations and acknowledge that
stormwater release into any irrigation ditch requires written
permission from all ditch owners.
4 Community Meeting. 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. The Applicant shall
invite all parties provided notice pursuant to Section 21-5-325.A.2.
5. OGED processing of the 1041 WOGLA CDP Permit Application. The OGED
Director shall follow the steps outlined in Section 21-5-330. when
processing a CDP Application. The associated processing fee for a CDP
Application shall be applied as follows: 25% of the current 1041 WOGLA
Application fee per individual Location contained within the overall CDP
Application. Fees can be found in Appendix 5-D.
6. 1041 WOGLA Hearing. CDPs shall follow the hearing process as outlined
in Section 21-5-340.
7 Recording of the 1041 WOGLA CDP Permit, and Vested Property Rights,
as defined in Section 23-1-90. CDP final order shall be recorded and legally
noticed as outlined in Section 21-5-345. 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 21-5-355.
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 21-5-355.
CDP's will be considered "evergreen" in nature, meaning Operators must adhere
to all current and future Code requirements and Development Standards.
B. 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:
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a. The items contained within Section 21-5-320, except for those items
already approved as part of parent 1041 WOGLA CDP Permit.
b. Due to the "evergreen" nature of CDPs the OGED Director may
request that any plans submitted as part of the 1041 WOGLA CDP
Permit Application be updated to meet current Code requirements at
the time of the site -specific 1041 WOGLA Application submittal.
2. Required Notice. Upon submittal of the site -specific Application, Operators
shall send out a postcard style notice to all Residential Building Unit owners
within the 1041 WOGLA Zone. The notice shall indicate the Operators intent
to proceed with the permitting rights granted by the approval of the parent
1041 WOGLA CDP Permit of which the proposed site -specific Location is a
part of. This notice shall include the following information:
a. The Weld County record ID associated with the parent 1041 WOGLA
CDP Permit.
b. The parcel number and legal description of the Location.
c. A general description of the proposed Facility, including the number
of proposed Wells.
d. Total disturbed acreage of the Location.
e. The anticipated date operations will commence (calendar quarter
and year).
3. OGED processing of the site -specific 1041 WOGLA Permit Application.
The site -specific 1041 WOGLA Application under an approved CDP shall
be processed by the OGED Director through an administrative approval
process if the site -specific 1041 WOGLA does not introduce any significant
changes to a Location such as moving the Location or expanding the
surface disturbance of the individual Location that was approved under the
CDP. The associated processing fee for each individual site -specific
Application shall be applied as follows: 75% of the current 1041 WOGLA
Application fee. Fees can be found in Appendix 5-D.
a. Refer the Application to the following agencies for review and
comment. The agencies named shall respond within twenty-eight
(28) days from the routing of the application for referral. The failure
of any agency to respond within twenty-eight (28) days shall be
deemed to be a favorable response to OGED. Reviews and
comments solicited by the County are intended to provide the OGED
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Director with information about the proposed Location. The reviews
and comments submitted by a referral agency will be taken into
consideration by the OGED Director during the administrative
approval process:
1) The Weld County Department of Public Works.
2) The Weld County Department of Planning Services.
3) The Weld County Office of Emergency Management.
4) To any other agencies or individuals to whom OGED Director
deems a referral necessary.
b. Prepare staff comments addressing all aspects of the Application
and its conformance with the Weld County Code in effect at the time
of filing of the Application, orderly Land Use planning practices,
comments received from agencies to which the proposal was
referred, and compliance with the Development Standards contained
in Division 4 of this Article V. Such comments shall be provided to
the OGED Director for consideration as evidence in the
administrative approval of the site -specific 1041 WOGLA Permit.
1) Prior to the issuance of an administrative approval letter by
the OGED Director, staff comments inclusive of any COAs
shall be sent to the Applicant for review and acceptance. Said
review period 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 approval, prior to
its recording. If no comments are received within three (3)
business days, the OGED Director shall issue the final
approval letter to OGED staff for recording.
4. Recording of the site -specific 1041 WOGLA Permit, and Vested Property
Rights. The site -specific 1041 WOGLA approval letter shall be recorded
and legally noticed as outlined in Section 21-5-345. Upon approval, the
individual site -specific 1041 WOGLA Permit shall follow the remaining term
of the Parent 1041 WOGLA CDP Permit.
Amend Sec. 21-5-330. OGED processing of 1041 WOGLA Permit application.
The OGED Director shall review the 1041 WOGLA Application to determine if it is
complete. Such review shall occur within ten (10) business days of the filing of the
Application. Any Application deemed incomplete by the OGED shall be re -submitted
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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. Prepare legal notice for the hearing to be published in the newspaper designated
by the BOCC for publication of notices. The date of publication shall be at least
thirty-seven (37) days prior to the date of hearing. The published notice shall inform
the reader that he or she may apply for intervention in the manner set forth in
Section 21-5-340.A.1., below.
B. Send notice of a hearing for the 1041 WOGLA Permit Application before the
Hearing Officer to the Surface Owner; to property owner(s) whose property
boundaries are located within two thousand (2,000) feet or less of the Location; to
the School Governing Body of any School or Child Care Center whose properties
or jurisdictional boundaries are located within two thousand (2,000) feet or less
from the Location. Such notification shall be sent First -Class Mail by OGED at least
thirty-seven (37) days prior to the date of hearing. The mailed notice shall inform
the recipient that he or she may apply for intervention in the manner set forth in
Section 21-5-340.A.1, below.
Refer the Application to the following agencies for review and comment. The
agencies named shall respond within twenty-eight (28) days from the routing of the
Application for referral. The failure of any agency to respond within twenty-eight
(28) days shall be deemed to be a favorable response to OGED. Reviews and
comments solicited by the County are intended to provide the OGED Director with
information about the proposed Location. The reviews and comments submitted
by a referral agency are recommendations to the 1041 WOGLA Hearing Officer:
1. The LGD, planning commission, or governing body of any Local
Government whose boundaries are within two thousand (2,000) feet of the
Location, as determined by the Weld County Assessor's records at the time
of notice.
2. The Weld County Department of Public Works.
3. The Weld County Department of Planning Services.
4. The Weld County Office of Emergency Management.
5. The CPW.
6. The ECMC.
7. The CDPHE.
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8. The appropriate school district(s)_
9. The appropriate fire district(s).
10. Any irrigation ditch company with irrigation structures of record that are
within the 1041 WOGLA Zone.
11. To any other agencies or individuals to whom OGED Director deems a
referral necessary.
Prepare staff comments addressing all aspects of the Application and its
conformance with the Weld County Code in effect at the time of filing of the
Application, orderly Land Use planning practices, comments received from
agencies to which the proposal was referred, and compliance with the
Development Standards contained in Division 4 of this Article V. Such comments
shall be provided to the Hearing Officer for consideration as evidence in the
hearing.
Remainder of Section — No change.
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 hearing. The process for seeking
intervention is as follows:
1. — No change.
a. through c. — No change.
d. A description of the intended presentation including a list of proposed
witnesses; and
e. An estimate of the time required to present the protest or
intervention.
2. and 3. — No change.
S. — No change.
C. Decision of the 1041 WOGLA Hearing Officer. Upon the conclusion of the 1041
WOGLA hearing, the Hearing Officer shall:
1. through 3. — No change.
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4. Inform the participants of his or her decision. The decision of the Hearing
Officer shall be clearly set forth in the order issued by the Hearing Officer.
The addition, deletion or modification of any Conditions of Approval shall be
clearly identified in the order.
5. Inform the participants that such decision may be appealed pursuant to the
appeal procedures set forth in Section 21-5-340.E and F, below.
D. — No change.
E. Right to appeal. The Appellant 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 Appellant believes 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 notice shall not exceed five (5) pages in length. The OGED Director may
submit a memorandum brief but must do so within ten (10) days of receiving the
notice of appeal. Any such memorandum brief shall not exceed five (5) pages in
length.
Review of appeal and decision. The OGED Director shall transmit the Hearing
Officer's order, 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 Officer's findings of fact, the order 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) 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) days
of receiving the Commissioners' decision.
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. through C. — No change.
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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.
1. 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.
2. 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 or
injection operations in Weld County under the terms and conditions set forth
therein, pursuant to Section 24-68-103(1), C.R.S.
3 Upon approval the Applicant shall be obligated to provide any forms,
reports, monitoring results and/or sampling data to the Weld County Oil and
Gas Energy Department at the request of the OGED Director. Weld County
reserves the right to require any additional monitoring/sampling throughout
the life of the project.
Amend Sec. 21-5-350. Required notification of operations.
A. Notifications to the OGED Director: The following notifications are required on all
approved WOGLA and 1041 WOGLA Permits. Notice shall be sent electronically
to the OGED Director and 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 COA(s) or
Development Standard(s) completed, along with 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. Construction Phase notices. The Operator is required to provide notice in
a manner approved by the OGED Director for the following:
a. Construction notice. The Operator is required to provide written
notice to the OGED Director two (2) weeks prior to beginning the
Construction Phase of the Location. This notice satisfies the
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notification requirements of the Road Maintenance Agreement, the
Access Permit, the Emergency Action Plan, and the Grading Permit.
b. Post -construction notice. The Operator is required to provide written
notice to the OGED Director within two (2) weeks after completion of
the site construction of the Location. This notice satisfies the
notification requirement of the Access Permit and the Grading
Permit.
c. Spud notice. At least 48 hours prior to any drilling rig mobilization
onto the Location, the Operator shall provide written notice of such
activity to the OGED Director. Should the Operator preset surface
casing, this may require more than one notification. This notification
satisfies the requirements outlined in the Emergency Action Plan.
d. Completions notice. At least one (1) week prior to commencement of
Completions activity on a Location, the Operator shall provide written
notice of such activity to the OGED Director. This notification will
meet the requirements outlined in the Emergency Action Plan.
e. Turn -in -Line notice. The Operator is required to provide written
notice to the OGED Director within two (2) weeks of a Well or facility
being turned to sales. Operators should include the drawings and
certification letter stamped and signed by a Professional Engineer
registered in the State of Colorado for any equipment requiring an
engineered foundation. This notification satisfies the notification
requirements of the Road Maintenance Agreement and the
Emergency Action Plan.
2. Production Phase and Reclamation notices. The Operator is required to
provide notice in a manner approved by the OGED Director for the following:
a. Interim Reclamation post -construction notice. The Operator is
required to provide written notice to the OGED Director within two (2)
weeks pursuant to the requirements of Section 21-5-464.B,
documenting that surface disturbing activities associated with
interim Reclamation have been finalized. This notice satisfies the
notification requirement of the Grading Permit.
b. Interim Reclamation revegetation notice. When established the
Operator is required to provide written notice to the OGED Director
pursuant to the requirements of Section 21-5-464.D, documenting
the successful revegetation of the interim Reclamation area. This
notice satisfies the notification requirement of the Grading Permit.
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c. Routine maintenance notice. At least 48 hours prior, the Operator
shall provide written notice to the OGED Director for any routine
maintenance such as refracs, recompletions, routine Well Site
operations, normal repairs and maintenance of an existing Facility,
like kind replacement of equipment, setting Temporary equipment,
and repairs or maintenance of a Facility as required by a county,
state, or federal compliance order.
d. Final abandonment notice. The Operator is required to provide
written notice to the OGED Director at least one (1) week prior to
plugging the final Well on a Location or final decommissioning of a
Facility. This notice will begin the final Reclamation requirements
outlined in Section 21-5-466.
e. Final Reclamation release request. The Operator must submit a
written release request to the OGED Director as outlined in Section
21-5-466.E, documenting the completion of the final Reclamation.
Upon acceptance the Operator shall then be released of any further
obligations on the Location. This notice satisfies the notification
requirement of the Grading Permit.
Notifications to the Surface Owner. With respect to the notices listed in this
Section, it shall be the responsibility of the notified Surface Owner to give notice of
the proposed operation to the tenant farmer, lessee, or other party that may own
or have an interest in any surface rights that could be affected by such proposed
operation.
1. Notice of construction. The Applicant is required to provide notice to the
Surface Owner in writing not less than thirty (30) days in advance of
commencement of Construction Phase operations. This written notice shall
provide the following:
a. — No change.
b. A Facility drawing of the Location and Haul Route map;
c. and d. — No change.
This notice shall be delivered by hand; certified mail, electronic mail, return -
receipt requested; or by other delivery service with receipt confirmation.
Electronic mail may be used if the Surface Owner has approved such use
in writing.
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2. Subsequent Well operation notice. An Operator shall provide to the Surface
Owner at least ten (10) days advance notice of subsequent Well operations
with heavy equipment that will materially impact the Location.
3. Final Reclamation notice. Not less than thirty (30) days before any final
Reclamation operations are to take place, the Operator shall notify the
Surface Owner. Final Reclamation operations shall mean those
Reclamation operations to be undertaken when a Well is to be Plugged and
Abandoned or when Production Facilities are to be permanently removed.
In preparing for final Reclamation and Plugging and Abandonment, the
Operator shall use its best efforts to consult in good faith with the affected
Surface Owner. Such good faith consultation shall allow the Surface Owner
the opportunity to provide comments concerning preference for timing of
such operations and all aspects of final Reclamation, including, but not
limited to, the desired final Land Use and seed mix to be applied.
Any of the notices required in this Section 21-5-350.6 may be waived in
writing by the Surface Owner provided that a waiver by a Surface Owner
shall not prevent the Surface Owner or any successor -in -interest to the
Surface Owner from rescinding that waiver if such rescission is in
accordance with applicable law.
C. Notification to property owner(s). At least thirty (30) days, but no more than ninety
(90) days, before Construction Phase operations commence, the Operator shall
provide written notice (Notice of Operations) to all property owners within the 1041
WOGLA Zone. Property 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. — No change.
2. The Notice of Operations must include:
a. A statement informing the property owner that the Operator intends
to construct a Location within two thousand (2,000) feet of their
property;
b. The parcel number and legal description of the property on which the
Location is situated;
c. — No change.
d. Approximate cross streets of the Location;
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Remainder of Section — No change.
Amend Sec. 21-5-355. Amendments.
Any amendments to a Location which modify or expand the Facility or Location
beyond what was originally permitted by Weld County or the ECMC shall be filed with the
OGED. The OGED Director will review the request and determine if the request is minor
or major, and if subsequent action is needed.
No amendment request is required for refracs, recompletions, routine Well Site
operations, normal repairs and maintenance of an existing Facility, like kind replacement
of equipment, setting Temporary equipment, surface disturbance at an existing Location
within the original disturbed area which does not have the effect of permanently
expanding the Facility or Location, and repairs or maintenance of a Facility required by a
county, state, or federal compliance order.
No amendment is required for the addition or removal of equipment within the
permitted disturbance area which will not create a potential nuisance, including, but not
limited to, increases in noise or light.
Any amendment request proposing to change the critical inputs of a mitigation plan
model previously submitted as part of a 1041 WOGLA Permit Application shall include
updated modeling to reflect the reported changes. Examples of critical inputs may
include, but are not limited to, equipment type or layout and mitigation type or layout.
A. Minor amendments may be administratively approved by the OGED Director,
however, additional BMPs may be required.
B. Major amendments to an existing Location may require the approval of a new 1041
WOGLA Permit Application and fee or a subsequent hearing before the Hearing
Officer. "Major amendments" include, but are not limited to, the following: Any
surface disturbance at a previously undisturbed or fully reclaimed site; surface
disturbance for purposes of permanently expanding an existing Location beyond
the originally disturbed area; the addition of one (1) or more Wells; amendments
to a Final Order granted by the Hearing Officer, increases of equipment which
change the character of the Facility or Location, and/or moving an existing or
permitted Location.
C. OGED process for subsequent hearing before the Hearing Officer.
1. Prepare legal notice for the hearing to be published in the newspaper
designated by the BOCC for publication of notices. The date of publication
shall be at least fourteen (14) days prior to the date of Hearing.
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2. Send notice of a hearing for an amendment to the 1041 WOGLA Permit
before the, Hearing Officer to any property owner(s) or referral agencies as
deemed necessary by the OGED Director.
3. Prepare staff comments addressing all aspects of the amendment request,
its conformance with the Weld County Code in effect at the time of filing,
orderly Land Use planning practices, comments received from any
agencies to which the proposal was referred, and the standards contained
in Division 4 of this Article V. Such comments shall be provided to the
Hearing Officer for consideration of evidence in the hearing.
Sec. 21-5-357. Termination or failure to commence use.
The Construction Phase authorized by an approved 1041 WOGLA Permit shall
commence within three (3) years from the date of publication announcing the approval of
the 1041 WOGLA Permit, or the approval shall terminate. Requests for extension maybe
granted by the OGED Director, 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.
Amend Sec. 21-5-360. Site inspection by OGED.
OGED or Weld County staff may inspect, at any time, the Locations subject to the
regulations set forth in this Article V to determine if the Location is in compliance.
Amend Sec. 21-5-365. Compliance with 1041 WOGLA Permit, Conditions of
Approval, Development Standards, and all associated Weld County issued permits
and agreements.
An Applicant for a 1041 WOGLA Permit shall comply with the COAs and
Development Standards detailed in the 1041 WOGLA Permit and in Division 4 of this
Article V (referred to herein as "Development Standards"), as well as all associated Weld
County issued permits and agreements. Noncompliance with the 1041 WOGLA Permit,
COAs, Development Standards, or associated permits may be reason for revocation of
the 1041 WOGLA Permit by the Hearing Officer. Should at any time the Operator be found
to be out of compliance, the OGED Director, at his/her discretion, may set a violation
hearing before the Hearing Officer pursuant to the provisions of Section 21-5-370, below.
A violation hearing shall be scheduled immediately for any compliance issue which Weld
County deems to be an immediate threat to public health, safety, welfare, the environment
and wildlife.
A. COAs. If there are any "Prior to Recording" 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
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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. Any
additional COAs shall be satisfied upon the timing outlined within the 1041
WOGLA Permit.
B. Enforcement. The enforcement of the 1041 WOGLA Permit, the COAs,
Development Standards, and any associated Weld County issued permits
and agreements shall be conducted by the OGED Director in the following
manner:
1. Upon discovery of an alleged violation of any COA, Development
Standard, or associated Weld County issued permit or agreement,
the OGED Director shall notify the Operator of the alleged violation
and require Operator investigation and response within 24 hours.
Failure to respond shall result in the immediate scheduling of a
violation hearing.
2. Following initial response from the Operator, if there has not been
immediate resolution, the OGED Director shall establish a required
timeframe, in which 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.
3, 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 inspection there is probable cause to believe the
violation persists, the OGED Director shall set a violation hearing
before the Hearing Officer pursuant to the provisions of Section 21-
5-370, below.
Amend Sec. 21-5-370. Violation procedures.
The OGED Director 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
and/or any associated Weld County issued permits or agreements. The Operator shall
have the right to participate and present information at the hearing.
A. OGED process for violation hearing before the Hearing Officer.
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1. Prepare legal notice for the hearing to be published in the newspaper
designated by the BOCC for publication of notices. The date of publication
shall be at least fourteen (14) days prior to the date of Hearing.
2. Prepare staff comments addressing all aspects of the proposed violation or
non-conformance with the Weld County Code and/or the Development
Standards contained in Division 4 of this Article V or the Hearing Officer's
final order or any associated Weld County issued permits or agreements.
Such comments shall be provided to the Hearing Officer for consideration
of evidence in the hearing.
3. The Hearing Officer shall hold a hearing to determine if the Operator of the
Location has failed to comply with the terms of the 1041 WOGLA Permit,
the COAs, and/or the Development Standards set forth in this Article V or
any associated Weld County issued permits or agreements. Upon such a
finding, the Hearing Officer may suspend or revoke the 1041 WOGLA
Permit, and order the Operator to cease the use of the 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).
4. 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 or any associated Weld County issued permits or agreements,
he or she may also assess fees to the Operator, pursuant to Appendix 5-D
of the Weld County Code, as further described in Section 21-5-468.
5. The Operator may appeal the Hearing Officer's order to the Board of County
Commissioners by following the appeal procedures in Section 21-5-340.E
and F.
Division 4. Weld Mineral Resource (Oil and Gas) Area Development Standards
The following Development Standards (referred to herein as "Development
Standards") apply to all 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 21-5-355).
Amend Sec. 21-5-400. Weed control.
During the Construction Phase, Production Phase, and Reclamation operations,
all disturbed areas shall be kept free of Kochia and Russian Thistle and all plant species
designated to be Noxious Weeds, pursuant to Section 15-1-40 of this Code. Weed control
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measures shall be conducted in consultation with the Surface Owner and Weld County
Weed Management Specialist. The OGED Director and/or the 1041 WOGLA Hearing
Officer may require the submittal of and compliance with a weed control plan as part of
1041 WOGLA Permit approval to provide impact mitigation, or pursuant to any
enforcement action against an Operator.
Amend Sec. 21-5-402. 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 21-5-402. The lighting plan shall describe mitigation measures
to be used at the Location to comply with the lighting standards outlined below for both
Construction and Production Phases.
If requested, an exemption may be granted by the OGED Director for the
Construction Phase lighting plan, if the Location will include thirty-two (32) 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.
A. Lighting Zones ("LZ').
Considering the Planning Area and surrounding Land Uses. OGED staff is
responsible for designating an appropriate LZ, to be considered by the
OGED Director and/or the Hearing Officer as part of the 1041 WOGLA
Permit.
1, Ag-Rural Planning area. Locations within the Ag-Rural Planning Area
shall comply with the lighting standards of LZ-0 or LZ-1, depending
upon the surrounding Land Uses.
2. Near -Urban Planning area. Locations within the Near -Urban
Planning Area shall comply with the lighting standards of LZ-0
through LZ-3, depending upon the surrounding Land Uses.
3. OGED Director and/or the Hearing Officer may require another LZ
than what is allowed for the Planning Area in which the Location is
situated, depending upon which LZ best fits the Land Uses and
circumstances surrounding the Location.
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Table 402.A.1.
LZ-1 - Lighting Zone 1 pertains to areas that desire low ambient lighting levels. These
typically include single-family and multi -family residential communities, rural town
centers, business parks, and other commercial or industrial/storage areas typically with
limited nighttime activity. May also include the developed areas in parks and other natural
settings.
Remainder of Table — No change.
B. Construction Phase base allowance for lighting. The following lighting limits
are the standards for the designated LZ in which the Location is situated:
Amend Table 402 B.1 title — Remainder of table, no change.
L
Construction Phase Base Allowance for Lighting at Locations
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 a Location are calculated using the
designated Lighting Zone as shown in Table 402 A.1, and the total
hardscape. In both Planning Areas, the Construction Phase hardscape shall
equal the acreage of the Location, or up to twelve (12) acres, whichever is
less.
Operators shall ensure that lighting at the 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 402 B.1.
C. Production Phase base allowance for lighting. The following lighting limits
are the standards for the designated LZ in which the Location is situated:
Amend Table 402 C.1 title — Remainder of table, no change.
Production Phase Base Allowance for Lighting at Locations
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 a Location are calculated using the Lighting Zone
as shown in Table 402 A.1, and the total hardscape. In both Planning Areas, the
Production Phase hardscape shall equal actual acres of the Location after interim
Reclamation.
Operators shall ensure that lighting at the Location does not exceed the allowable
base lumens for the designated LZ.
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. Construction Phase and Production Phase lighting plans. The
lighting plan will demonstrate compliance with the Construction
Phase lighting levels outlined in Table 402.B.1., and the Production
Phase lighting levels outlined in Table 402.C.1., if applicable. The
plan will demonstrate how the Applicant will 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. through c. — No change.
2. If a Location, during the Production Phase, utilizes indicator
beacons, heat trace, or similar lighting that is red or amber in color
and is designed to alert personnel to emergencies or abnormal
operating conditions occurring on the Location, 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 Locations during all phases of 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 Location.
1. — No change.
2. Operators will place bulbs within fixtures that obscure, block, or
diffuse the light to reduce light trespass outside the boundaries of the
Location.
3. Offsite impacts from lighting shall be reduced or mitigated to the
greatest extent practicable using BMPs including, but not limited to:
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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. Using cut-off or full cut-off lighting.
c. Using lighting colors and/or temperatures that reduce light
intensity.
4. — No change.
Amend Sec. 21-5-404. Visual impact mitigation.
Production Facilities, regardless of construction date, observable from any public
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.
When Locations encroach upon urban development enhanced visual mitigation
may be necessary. Weld County may require Operators to install mitigation to visually
screen the Location from the general public in addition to the paint color requirements
described above.
For visual mitigation purposes, ground -mounted solar collectors as part of an
OGSEF 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.
Additionally, OGSEF panels shall be designed to utilize equipment which limits glare onto
nearby properties or roadways at any time of the day.
Amend Sec. 21-5-406. Fugitive dust.
Operators shall employ practices for control of fugitive dust caused by their
operations on the Location, Haul Routes, and private access roads.
A. The submittal of and compliance with a dust mitigation plan, as defined in
Section 21-5-320.C.4., may be required by the OGED Director or the 1041
WOGLA Hearing Officer as part of the 1041 WOGLA Permit approval to
provide additional impact mitigation, or pursuant to a fugitive dust
enforcement action against an Operator.
B. Pursuant to the terms of the Road Maintenance Agreement, Operators are
responsible for the control of fugitive dust resulting from their operations on
County roads that are part of the Haul Route. Should the Operator choose
to provide a cash in lieu payment pursuant to the provisions of Section 21-
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5-320.D.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 Location.
Amend Sec. 21-5-408. 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.II—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. The OGED Director may require an Operator to further evaluate its
operation and impose additional odor mitigation measures in the event of a public
complaint, or other odor observation.
Amend Sec. 21-5-410. Site Security.
The 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.
A. Appropriate measures shall be implemented to prevent access to the
Facilities by unauthorized persons, wildlife, or domestic animals.
B. Fencing may be required at the discretion of the OGED Director and/or
included as a requirement in the Hearing Officer's final order. When used,
fencing shall be appropriate to the siting of the proposed.
1. An OGSEF shall be enclosed with a security fence as
approved pursuant to a fencing plan submitted to OGED.
Amend Sec. 21-5-412. Site Signage.
A. The Operator shall, concurrent with the start of Construction Phase operations,
post a sign. The sign shall be placed at the intersection of the lease road and the
public road providing access to the 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.
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2. ECMC Location ID.
3. The Location name.
4. The legal description (Section/Township/Range) of the Location, including
the Section Quarter/Quarter.
5. The assigned address.
6. The phone number at which the Operator can be reached twenty-four (24)
hours a day, seven (7) days a week.
7. A phone number for local emergency services (911 where available).
B. General sign requirements:
1. — No change.
2. If additional signage is placed for purposes of public notification related to
the 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
signage described in Section 21-5-412.A.
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.
4. Any sign that is replaced or updated for any reason shall comply with
Section 21-5-412.A.
Amend Sec. 21-5-414. 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. Notice of
Completions is required in accordance with Section 21-5-350.
Amend Sec. 21-5-416. 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 levels as described in this Section 21-5-416.A.
A. — No change.
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Table 416 A.1 — 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 as
measured per Section 21-5-416.B:
a. For Locations within the Ag-Rural Planning Area, Operators shall
comply with the maximum permissible noise level for the NL-4
standard.
For Locations within the Near -Urban Planning Area, Operators shall
comply with the maximum permissible noise level for the NL-3
standard.
c. — No change.
Delete d.
2. During the Production Phase, Operators with Locations in both the Ag-Rural
and Near -Urban Planning Areas shall comply with the maximum
permissible noise level for the NL-1 standard as measured per Section 21-
5-416.B.
3. Operators may exceed the noise levels in Table 416 A.1 as measured at
the nearest noise compliance point 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.
4. Periodic, impulsive or shrill noises will be allowed an additional five (5) db(A)
from the levels shown in Table 416 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.
5. Sound emitted from all engines, motors, coolers and other mechanized
equipment shall be directed away from sensitive receptors, as practicable.
6. If an RBU or High Priority Habitat is built or designated after a Location is
permitted, the Operator shall continue to comply with the standards of
Section 21-5-416.A, as allowed within the approved 1041 WOGLA Permit.
7. When operating in High Priority Habitat, Operators will consult CPW, and
on federal lands, the Bureau of Land Management, or the United States
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Fish and Wildlife Service regarding practical BMPs for noise mitigation
efforts specific to the impacted habitat.
8. As part of the 1041 WOGLA Application, a noise mitigation plan by' a
qualified sound expert, may be required as outlined in Section 21-5-
320.C.3. The noise mitigation plan shall describe how the Operator will
comply with the maximum permissible noise levels specified in Section 21-
5-416, Table 416.A.1. The noise mitigation plan will include at least the
following:
a. At least one (1), and no more than six (6) noise compliance points
shall be established for modeling purposes and potential future noise
measurements, using the following requirements:
1) Provide one (1) noise compliance point in each direction in
which an RBU is located within the 1041 WOGLA Zone.
2) Noise compliance points will be located no less than
twenty-five (25) feet from the exterior wall of the RBU that is
closest to the Oil and Gas Location.
3) If there are no RBUs located within the 1041 WOGLA Zone,
the boundary of the 1041 WOGLA Zone shall become the
point of compliance.
4) Additional noise compliance points may be required at the
request of the OGED Director in consideration of additional
receptors. Examples of additional receptors may include, but
are not limited to parks, walking trails, and DOAAs.
b. Site -specific noise impact assessment which will provide computer
software -based noise projection modeling including db(A) and db(C)
measurements at all established noise compliance points, out to two
thousand (2,000) feet, for both Construction and Production Phases.
The study will include graphic representation of buffer lines and noise
contours from the Location every five hundred (500) feet, out to two
thousand (2,000) feet. The study shall also indicate any significant
geographic and/or topographic features that may impact noise
propagation from the Location.
c. Site -specific design for mitigation measures, including the
appropriate BMPs, engineering practices, and available technology
the Operator will utilize to achieve compliance.
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d. Estimated duration of each stage of operations, including drilling,
Completion and Production Phase, and an estimate of the noise
levels of each stage of operations.
9. A baseline ambient noise survey by a qualified sound expert, can be
voluntarily conducted by the Operator or may be required by the OGED
Director 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. When required, the 1041 WOGLA Permit will include a Condition of
Approval requiring the Operator to conduct a baseline ambient noise
survey.
Baseline ambient noise surveys shall be conducted in accordance
with the following standards:
1) The survey shall be conducted no more than ninety (90) days,
nor less than thirty (30) days prior to the Construction Phase.
Survey 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.
2) Surveys shall establish baseline conditions for both A -scale
and C -scale noise levels.
3) Ambient noise measurement points will be conducted at all
noise compliance points established pursuant to Section 21-
5-416.A.8.a. If access to a property is not attainable, or if
certain situations exist that prohibit measuring sound levels at
an established noise compliance point, noise measurements
will be taken at a point that is equally representative of the
assumed impacts, as approved by the OGED Director.
Additional measurement points may be established by the
Operator or as requested by the OGED Director.
4). Surveys shall follow the applicable measurement collection
standards as outlined in Section 21-5-416.B and over a 72 -
hour period, including at least 24 hours between 10:00 p.m.
on a 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 for each measurement
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point, by taking the logarithmic average of all measured
daytime or nighttime one (1) -hour Leq values.
To demonstrate compliance with the standards set forth in Section 21-5-416.A,
sound levels shall be measured according to the following standards:
1. Pursuant to both A -scale and C -scale complaint:
a. Sound level measurements shall be taken twenty-five (25) feet from
the exterior wall of the impacted BU, or at a location determined to
be sufficient in obtaining representative noise levels as approved by
the OGED Director.
b. In situations where measurement of noise levels must be
extrapolated to the desired measurement point, the following formula
should be used:
Unknown db(A) = Known db(A) - (20 x log10(d2/d1))
(d2 = point of compliance & dl = measured distance)
This same formula should also be used when calculating db(C).
c. If a baseline noise survey has been conducted, the ambient noise
measurement point within the closest direction of the complainant
and any resulting adjusted permissible noise levels will be utilized to
determine compliance.
d. If the sound levels exceed the maximum permissible noise levels as
defined in Table 416 A.1, or any adjusted permissible noise levels,
the OGED Director shall require the Operator to obtain a noise
impact analysis by a qualified sound expert, including identification
of reasonable control measures available to mitigate any identified
non-compliance noise levels. Such study shall be provided to the
OGED Director for review and possible action.
2. Sound level meters shall be equipped with wind screens and shall take
readings when the wind velocity at the time and place of measurement is
not more than five (5) miles per hour.
3. Sound level measurements shall be taken from four (4) to five (5) feet above
ground level.
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4. Sound levels shall be determined by taking the logarithmic average of
minute -by -minute measurements made over a minimum thirty (30) minute
sample duration. Compliance will be determined by the highest measured
average calculated and shall be rounded to the nearest whole number.
5. Sound levels shall be taken under conditions that are representative of the
noise experienced by the complainant (e.g., at night, morning, evening, or
during special weather conditions).
Cumulative Noise.
1. When baseline ambient noise surveys have been conducted, noise
measurements will take into account ambient noise, rather than solely the
incremental increase of noise from the facility targeted for measurement.
2. During Construction Phase and Production Phase, including Flowback or
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 21-5-416.B, increases noise above ambient levels by
greater than five (5) db(C) and five (5) db(A).
3. — No change.
Amend Sec. 21-5-418. Pollution.
Operators shall take precautions to Minimize Adverse 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.
Amend Sec. 21-5-422. Management of waste.
As part of a 1041 WOGLA Application Operators are required to submit a waste
management plan pursuant to Section 21-5-320.B.6. Operators are required to maintain
compliance with the approved waste management plan for the life of the Location.
A. E&P Waste. Operators shall ensure that E&P Waste is properly stored, handled,
transported, treated, recycled, and/or disposed of in accordance with federal, state
and Weld County regulations. Land treatment with oily waste on Locations
permitted through the 1041 WOGLA process is prohibited.
B. Non-E&P Waste. Operators shall ensure that non-E&P Wastes are properly
stored, handled, transported, treated, recycled, and/or disposed of in accordance
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with state and federal regulations. Locations shall be kept free of trash, debris,
scrap and/or discarded materials connected with operations on the property.
Amend Sec. 21-5-426. Pits —General and special rules.
Pits as defined in Section 21-5-20 may be used for the exploration and production
of oil and gas or Deep Geothermal Operations and shall be permitted in accordance with
applicable state and federal regulations.
Emergency Pits, as defined in Section 21-5-20 above, may be allowed if
constructed and used only in the initial phase of emergency response. The Operator shall
notify the OGED Director within 24 hours of the construction of an Emergency Pit. Once
the emergency is controlled, the Emergency Pit shall be reclaimed and cleared of all
hydrocarbons, Produced Water or any other substance that may be contained within.
Delete C. and D.
Amend Sec. 21-5-428. Spills and Releases.
Operators shall maintain a Spill prevention plan for each Location with BMPs to
adequately protect any and all critical receptors, in compliance with local, state and
federal regulations. If required, the Location shall remain in compliance with the
requirements of US EPA Spill Prevention, Control, and Countermeasure Plan (SPCC).
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.
Prior to conducting remediation work on a Spill or Release within or impacting the
County ROW, Operators shall contact the Department of Public Works to determine if any
permits maybe necessary.
Amend Sec. 21-5-432. Venting and flaring natural gas.
Operators shall comply with applicable state and federal rules regarding venting
and flaring of natural gas. Venting and flaring of natural gas is prohibited except under
emergency or upset conditions
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, power generation for the Facility's use, or to
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supply power to the electric utility grid. The Operator shall submit beneficial use requests
to OGED via the 1041 WOGLA Application or the amendment process, for review.
Amend Sec. 21-5-438. Setbacks.
A. General Requirements.
1. At the time of initial drilling, a Well shall be located not less than two hundred
(200) feet from a surface property line, existing buildings, the current or
future Right -of -Way line of public roads, railroads, or above ground utility
lines. The setback from above -ground utility lines is intended solely for
safety and risk mitigation and does not apply to utility infrastructure that is
owned, operated, used, or installed by the Operator and directly used for
the implementation or compliance with the approved 1041 WOGLA Permit.
2. — No change.
3. No portion of the Facility shall be located within twenty (20) feet of the
current or future County right-of-way.
4. No portion of the disturbed area of the Location shall be within the current
or future right-of-way of State, County or Municipal roads, or within recorded
easements not held by Applicant, including ditches and railroads, unless
written documentation allowing such disturbance is included in the
Application.
B. Building Unit. Location shall be located a minimum of five hundred (500) feet from
Building Units, excluding any like kind energy infrastructure operations. For an
exception from the Building Unit setback, the Operator may submit a waiver from
each Building Unit owner and/or tenant within five hundred (500) feet of the
proposed 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, those
BMPs listed in Section 21-5-440, shall be employed to protect public health, safety
and welfare.
C. High Occupancy Building Unit. Location shall be located a minimum of five
hundred (500) feet from a High Occupancy Building Unit.
D. Designated Outside Activity Area ("DOAA'). Locations shall be located a minimum
of five hundred (500) feet from the boundary of a DOAA.
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School Facility and Child Care Center. 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 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. Existing Locations. Where the Location is located less than the minimum
applicable setback distance solely as a result of any Building Unit, High Occupancy
Building Unit, School Facility, Child Care Center, or DOAA being constructed after
the Location was constructed, the Hearing Officer may approve an exception to
the minimum setback distance when a Well or Production Facility is proposed to
be added to an existing or approved Location if the Hearing Officer determines
alternative locations outside the applicable setback are technically or economically
impracticable and sufficient mitigation measures are in place to protect public
health, safety, and welfare.
G. The measurement for determining compliance with the minimum setback distance
shall be the shortest distance between the disturbed area of the Location and the
nearest edge or corner of any Building Unit, High Occupancy Building Unit, or the
nearest property boundary of a School Facility, Child Care Center or DOAA.
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 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. 21-5-440. Mitigation measures for setback exceptions.
The following requirements apply to Locations that have been granted an
exception from the designated setback distance from a Building Unit, School Facility, or
Child Care Center:
A. In addition to the mitigation measures agreed to between the Operator and the
persons or entities noticed pursuant to Section 21-5-317 of this Article V, the
following mitigation measures shall apply to each Location that is granted a
setback exception:
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1. — No change.
2. Secondary Containment. Berms shall be constructed of steel or other
suitable material and shall be designed and installed to prevent leakage and
resist degradation from erosion or routine operation. Secondary
containment areas shall be constructed with a synthetic or engineered liner
that contains all Tanks, primary containment vessels and Flowlines and is
mechanically connected to the berm to prevent leakage.
3. Remote monitoring and automation. Wells and Production Facilities shall
be equipped with remote monitoring and control capabilities and automated
shut in measures to prevent gas venting during emission control system
failures or other upset conditions.
4. — No change.
5 A site specific risk assessment, pursuant to Section 21-5-320.D.1., shall be
included as part of the Application, for evaluation and recommendation by
OEM and consideration by the OGED Director and the Hearing Officer. The
assessment shall be prepared by a qualified professional and shall identify
any potential hazards, determine a path for hazard mitigation, increase
public safety, and shall give site specific policies and procedures which
demonstrate protection of the health, safety and welfare of Weld County's
citizens, environment, and wildlife.
Amend Sec. 21-5-442. Safety requirements.
Operators shall comply with local state and federal safety rules and regulations as
applicable to all Oil and Gas Operations.
Operators shall comply with the EAP and TRP as approved by OEM.
Amend Sec. 21-5-444. Floodplain and Overlay Zoning District requirements.
An Operator shall comply with Article V and Article XI of Chapter 23 of this Code if
the proposed Location is located within any Overlay Zoning District or a Special Flood
Hazard Area identified by maps officially adopted by the County, and as defined in Section
23-1-90.
If a Location is sited in a Geologic Hazard Overlay District, all applicable conditions
of Chapter 23, Article 5, Division 2 shall be met. The proposed Application shall be
referred to the Colorado Geologic Survey for recommendation.
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Amend Sec. 21-5-446. Stormwater management.
As part of the application for a 1041 WOGLA Permit, an Operator shall provide
proof of a valid stormwater discharge permit issued by CDPHE. Additionally, the Operator
shall submit a drainage letter that addresses water quality in addition to a stormwater
management option described below or an approved exception 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.
A. Drainage letter minimum criteria. In addition to water quality criteria, the
drainage letter shall include hydrologic and hydraulic calculations
documenting on -site impacts as well as any potential impacts to adjacent
properties, irrigation canals, ditches and/or infrastructure. Based on the
calculations provided in the drainage letter, the project site's location and
topography in relationship to urbanized/developed areas, downstream
infrastructure, and other constraints, Weld County engineering staff will
determine the need for any additional drainage and stormwater mitigation.
B. Stormwater management options. The following standards shall only apply
to the development of oil and gas exploration and production in the Weld
Mineral Resource (Oil and Gas) Area, and shall be supported by
calculations signed and stamped by a Colorado Licensed Professional
Engineer and accepted by the Weld County engineering staff.
Detention/retention requirements will be applied where surface impacts are
identified, unless the Operator has obtained a waiver from the impacted
adjacent landowners, stakeholders, agencies, etc. utilizing the Weld County
approved waiver form which may be used in place of detention/retention
requirements. Stormwater management measures will be based on site -
specific conditions, alternatives to the options below may be considered
when unique circumstances arise.
1. Documentation and waiver of impacts. Operators shall provide proof
through calculations that the Location creates no impacts to any
adjacent landowner, stakeholder, agency, etc. Impacts shall mean
any flow which leaves the property in a manner or quantity different
than historic flows. In lieu of utilizing an approved method of
detention/retention, as described below, Operators may submit a
Consent, Waiver and Indemnification on a form supplied by Weld
County, signed by all owners of adjacent properties who, because of
the topography of the Location and lands adjacent thereto, will be
accepting stormwater flowing from the Location, that waives the
owner's rights to collect compensation for any and all injuries or
damage sustained by them which is caused by such stormwater, and
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that specifically indemnifies the Operator and "Weld County, the
Board of County Commissioners of Weld County, its officers and
employees," from any and all liability associated with or resulting
from the owner's acceptance of said stormwater. If a Consent,
Waiver and Indemnification is not signed by any impacted owner
and/or accepted by Weld County engineering staff, then an approved
method of detention/retention described below shall be utilized.
2. Detention pond. In non -urbanizing areas during the Construction Phase,
detention ponds shall be sized to store the stormwater runoff generated by
the 1 -hour, 100 -year storm falling on the developed site and release of the
detained water at the historic runoff rate of the 1 -hour, 10 -year storm falling
on the undeveloped site or at five (5) cubic feet per second, whichever is
greater. Historic is defined as an undeveloped site (before any
development) with an assumed 2.0% imperviousness maximum. During the
Production Phase or in urbanizing areas, detention ponds shall adhere to
Section 8-11-100.A.1. of this Code.
3. Retention pond. Retention facilities shall be allowed without a variance only
during the Construction Phase. Retention facilities that are proposed for
the Production Phase require the issuance of a variance requested by the
Applicant and accepted by the Weld County engineering staff. Retention
ponds shall have sufficient area to allow infiltration to occur within the time
frames specified in C.R.S. 37-92-602 (8). An emergency spillway must also
be provided per the above requirements.
4. Use of pad as detention/retention. This detention/retention option is the
preferred method for Facilities because of the reduced land disturbance and
shall be designed per Chapter 8, Article XI of this Code.
a. For retention ponds, the site shall be designed with sufficient area to
allow infiltration to occur within the time frames specified in C.R.S.
37-92-602 (8).
b. Detention pond freeboard. During the Construction Phase, less than
one (1) foot of freeboard may be allowed on a case -by -case basis,
based on site -specific factors. This exception shall be supported by
calculations signed and stamped by a Colorado Licensed
Professional Engineer and accepted by the Weld County
engineering staff. During the Production Phase, the detention pond
shall adhere to Section 8-11-100.A.4 of this Code.
The following criteria shall only apply specifically to the development of oil and gas
exploration and production in the Weld Mineral Resource (Oil and Gas) Area:
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Secondary containment. When calculating the Location imperviousness
and pervious areas, secondary containment areas may be excluded from
the total site imperviousness and pervious calculations provided that the
secondary containment area is appropriately sized to hold the originally
designed safety containment volumes plus the 100 -year storm rainfall.
2. Emergency spillway. To prevent damage to downstream infrastructure
(roads, roadside ditches, bridges, culverts, etc.) and adjacent properties, a
cutoff wall is required on all privately maintained detention ponds and
retention ponds. The cutoff wall permanently defines the emergency
spillway opening. The emergency spillway elevation must be tied back into
the top of the embankment using a maximum slope of 4:1. The cutoff wall
shall extend a minimum of five (5) feet into the embankment on each side
of the emergency spillway opening. Below is a list of acceptable cut-off wall
options:
a. Concrete cut-off walls adhering to Section 8-11-100.A.7 of this Code.
b. Steel sheet pile cut-off walls comprised of hot dipped galvanized
steel, designation PZ-22 or SZ-22, extending a minimum of three (3)
feet below the bottom of the pond, downstream ground elevation, or
per manufacturer's recommendation, whichever is greater. If steel
sheet pile is proposed for the cut-off wall, the native soils must be
tested for sulfate levels. If the sulfate levels are greater than 1.0%,
the sheet pile shall be coated with a corrosion resistant epoxy.
c. Articulating block may be used as an overflow weir. The block shall
cover the earthen berm on both sides, a minimum of three (3) feet
below the toe of slope. The open cells of the block shall be seeded
per manufacturer's recommendations.
3. Outlet Structure. Detention ponds may be designed with a concrete outlet
structure or utilizing a PVC pipe with water quality and pond release.
a. Concrete outlet structures shall be constructed as specified in
Section 5.10.2.3., of Appendix 8-Q, of this Code.
b. PVC pipe used for pond outlet and standpipe shall be C900 PVC
material.
c. The minimum detention pond outlet pipe size is 12 -inches in
diameter (or equivalent). Orifice/restrictor plates may be required to
reduce flows from the minimum pipe sizes.
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d. Provide a 90 -degree bend at the upstream end of the horizontal
discharge pipe. An orifice(s) to be drilled into the side, below the
WQCV elevation for the water quality release. Provide a waterproof
plug/cap into top of 90 -degree bend. An orifice for pond release to
be drilled into the top of the plug or into side of bend (above WQCV
elevation). Provide one tee post on each side of the vertical portion
of the 90 -degree bend, wire/strap bend to tee posts.
Amend Sec. 21-5-448. Storage of non -essential items.
All Locations shall be kept free of commercial products, Chemicals, materials and
other supplies not necessary for use on the 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 Location is prohibited.
Amend Sec. 21-5-450. Equipment anchoring requirements.
All equipment at 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 Flood Hazard Development Permit.
Amend Sec. 21-5-452. General operating requirements regarding Wildlife
Resources.
Subject to exception by the OGED Director for site specific reasons and BMPs, the
operating requirements identified below shall apply in all areas.
A. To Minimize Adverse Impacts to Wildlife Resources, Operators shall plan new
transportation networks and new Facilities to minimize surface disturbance and the
number and length of oil and gas roads and utilize common roads, rights -of -way,
and access points to the extent practicable, consistent with these rules, an
Operator's operational requirements, and any requirements imposed by federal
and state land management agencies, Weld County's regulations, and SUAs and
other Surface Owner requirements, and taking into account cost effectiveness and
technical feasibility.
Establish new staging, refueling, and Chemical storage areas outside of riparian
corridors, Wetlands, surface Waters of the State and Floodplains.
Use minimum practical construction widths for new rights -of -way where Pipelines
cross riparian corridors, Wetlands, surface Waters of the State and Floodplains.
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Amend Sec. 21-5-454. Protection of Wildlife Resources.
A. — No change.
B. The OGED Director and/or 1041 WOGLA Hearing Officer shall consider the
following factors, when approved a 1041 WOGLA Permit within HPH:
1. The BMPs for the producing geologic basin in which the Location is situated;
2. Site -specific and species -specific factors of the proposed new Location;
3. Anticipated direct and indirect effects of the proposed 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
Location;
6. The extent to which the proposed operations will use technology and
practices which are protective of the environment and Wildlife Resources;
7. The extent to which the proposed Location minimizes surface disturbance
and habitat fragmentation;
8. The extent to which the proposed Location is within land used for
residential, industrial, commercial, agricultural, or other purposes, and the
existing disturbance associated with such use.
Amend Sec. 21-5-456. Requirements in High Priority Habitats.
An Operator of a Location within a High Priority Habitat shall follow the Operator's
Wildlife Mitigation Plan, if one is required pursuant to Rule 1201 of the ECMC Rules.
Amend Sec. 21-5-458. 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, Operators shall comply with the following operating
requirements:
1. During Pipeline construction for trenches that are left open for more than
five (5) consecutive days, Operators shall install wildlife escape ramps at
one -quarter (1/4) mile intervals.
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2. — No change.
Delete 3.
Renumber 4 Through 6, as 3 through 5.
6. Use boring instead of trenching across perennial streams identified as
aquatic High Priority Habitat unless the Operator obtains a signed waiver
from CPW. When installing culverts or bridges, such structures shall not
impact or prevent the passage of fish unless otherwise directed by CPW.
7. Operators will treat any Pits or open vessels containing water with Bti
(Bacillus thuringiensis v. israelensis) or take other effective action to control
mosquito larvae that may spread West Nile Virus to Wildlife Resources.
Such treatment will be conducted in a manner which will not adversely affect
aquatic wildlife.
Renumber 9. through 15, as 8 through14.
15. Reduce traffic associated with transporting fluids through the use of
Pipelines, large Tanks, MLVTs or other measures where technically
feasible and economically practicable.
Amend Sec. 21-5-460. Site preparation and stabilization.
A. and B. — No change.
C. Drill pad location. The drilling location shall be designed and constructed to provide
a safe working area while reasonably minimizing the total surface area disturbed.
Consistent with applicable spacing orders and Well location orders and
regulations, in locating drill pads, steep slopes shall be avoided when reasonably
possible. The drill pad site shall be located on the most level location obtainable
that will accommodate the intended Use. If not avoidable, deep vertical cuts and
steep long fill slopes shall be constructed to the least percent slope practical.
Where feasible, Operators shall use horizontal drilling to reduce surface impacts
and Minimize Adverse Impacts on Wildlife Resources.
D. Surface disturbance minimization.
1. In order to reasonably minimize land disturbances and facilitate future
Reclamation, Well Sites, Production Facilities, gathering Pipelines, and
access roads shall be located, adequately sized, constructed, and
maintained so as to reasonably control dust and minimize erosion, alteration
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of natural features, removal of surface materials, and degradation due to
contamination.
2. Operators shall avoid or Minimize Adverse Impacts to riparian corridors,
Wetlands, surface Waters of the State and Floodplains to the degree
practicable.
3. Where practicable, Operators shall consolidate facilities and Pipeline rights -
of -way to Minimize Adverse Impacts to Wildlife Resources, including
fragmentation of wildlife habitat, as well as other surface impacts.
4. Access roads. Existing roads shall be used to the greatest extent
practicable to minimize erosion and minimize the land area devoted to Oil
and Gas Operations. Roadbeds shall be engineered to avoid or Minimize
Adverse Impacts to riparian corridors, Wetlands, surface Waters of the
State and Floodplains to the extent practicable. Unavoidable impacts shall
be mitigated. Road crossings of streams shall be designed and constructed
to allow fish passage, where practicable and appropriate. Where feasible
and practicable, Operators are encouraged to share access roads in
developing a Field. Where feasible and practicable, roads shall be routed
to complement other Land Usage. To the greatest extent practicable, all
vehicles used by the Operator, contractors, and other parties associated
with the Well shall not travel outside of the access road boundary. Repeated
or flagrant instance(s) of failure to restrict lease access to lease roads which
result in unreasonable land damage or crop losses shall subject the 1041
WOGLA Permit to suspension or revocation by the 1041 WOGLA Hearing
Officer pursuant to Section 21-5-370.
Amend Sec. 21-5-462. General Reclamation requirements.
A. Surface restoration. The surface of the land shall be restored as nearly as
practicable to its condition prior to the commencement of drilling operations,
including topsoil restoration and protection.
B. — No change.
Amend Sec. 21-5-464. 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 21-5-422 of this Article V. All Pits, cellars, rat holes, and other bore holes
unnecessary for further operations, will be backfilled as soon as possible after the
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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, unless requested
otherwise by the Surface Owner. When permanent guy line anchors remain on
Crop Land, care shall be taken to minimize disruption to 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.
Interim Reclamation requirements and timelines. 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 commence 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 request for extension to the OGED Director
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. Revegetation of Crop Lands. All segregated soil horizons removed from
Crop Lands shall be replaced to their original relative positions and contour
and shall be tilled adequately to re-establish a proper seedbed. The area
shall be treated if necessary and practicable to prevent invasion of weeds,
and to minimize erosion. Any perennial forage crops that were present
before disturbance shall be re-established, if acceptable to the Surface
Owner.
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2. Revegetation of non -Crop Lands. All segregated soil horizons removed
from non -Crop Lands shall be replaced to their original relative positions
and contour as near as practicable to achieve erosion control and long-term
stability and shall be prepared adequately to establish a proper seedbed.
The disturbed area then shall be reseeded in the first favorable season
following interim Reclamation commencement. Reseeding with species
consistent with the adjacent plant community is encouraged. In the absence
of an agreement between the Operator and the affected Surface Owner as
to what seed mix should be used, the Operator shall consult with a
representative of the local soil conservation district to determine the proper
seed mix to use in revegetating the disturbed area. In an area where an
Operator has drilled or plans to drill multiple Wells, in the absence of an
agreement between the Operator and the affected Surface Owner, the
Operator may rely upon previous advice given by the local soil conservation
district in determining the proper seed mixes to be used in revegetating
each type of terrain upon which operations are to be conducted. Interim
Reclamation of all disturbed areas no longer in use shall be considered
complete when all ground surface disturbing activities at the site have been
completed, and all 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 weeds. Re -seeding
alone is insufficient.
3. Interim Reclamation completion notice. The Operator shall notify the OGED
Director upon completion of interim Reclamation, pursuant to Section 21-5-
350.A.2, 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.
4. Temporary Access Permits. If a Temporary access permit is associated with
the Location, the Temporary access will be reclaimed in accordance with
Chapter 8, Article XIV of this Code.
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5. Weed control. All areas being reclaimed shall be kept as free as practicable
of Kochia and Russian Thistle and all plant species designated to be
Noxious Weeds, pursuant to Section 15-1-40 of this Code. Weed control
measures shall be conducted in consultation with the Weld County Weed
Management Specialist. It is the responsibility of the Operator to monitor
reclaimed lands for weed infestations. If necessary, the OGED Director may
require a weed control plan.
Amend Sec. 21-5-466. 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 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,
unless otherwise agreed to by the Surface Owner. Culverts and any other
obstructions that were part of the access road(s) shall be removed, unless
otherwise agreed to by the Surface Owner. 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 21-5-464. All other equipment, supplies, weeds,
rubbish, and other waste material shall be removed. On any Location including an
OGSEF all non -utility owned equipment including conduits, structures, fencing,
and foundations shall be removed to a depth of at least three (3) feet below grade.
The burning or burial of such material on the premises is prohibited under Section
21-5-448. After plugging the final Well on Location or final closure of associated
Production Facilities, all such Reclamation work shall commence 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.
B. Final Reclamation threshold for approval and release. Successful Reclamation of
the Well Site, associated Production Facilities, and access road means:
1. No change.
2. On Non -Crop Land, Reclamation has been performed to the standards
established under Section 21-5-464 and disturbed areas have been either
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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 and 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, unless otherwise agreed to by the Surface Owner.
3. — No change.
C. Final Reclamation of all disturbed areas shall be considered complete when all
activities disturbing the ground have been completed, and all disturbed areas have
been either built upon, compacted, covered, paved, or otherwise stabilized in such
a way as to minimize erosion, 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 Weeds, or equivalent permanent, physical erosion
reduction methods have been employed, unless otherwise agreed to by the
Surface Owner. Re -seeding alone is insufficient.
D. Weed control. All areas being reclaimed shall be kept as free as practicable of
Kochia and Russian Thistle and all plant species designated to be Noxious Weeds,
pursuant to Section 15-1-40 of this Code. Weed control measures shall be
conducted in consultation with the Weld County Weed Management Specialist. It
is the responsibility of the Operator to monitor reclaimed lands for weed
infestations. If necessary, the OGED Director may require a weed control plan.
E. Final Reclamation release. The Operator shall submit a request for release to the
OGED Director pursuant to Section 21-5-350.A.2, upon completion of the
requirements outlined in Section 21-5-466.C. 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:
1. If located on Crop Land a minimum of four (4) color photographs one (1)
from each cardinal direction taken during both the growing and non -growing
season, which document the success of the final Reclamation. If located on
Non -Crop Land a minimum of four (4) color photographs one (1) from each
cardinal direction taken during the growing season of vegetation and one
(1) color photograph which documents the total cover of live perennial
vegetation of adjacent or nearby undisturbed land or the Reference Area.
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Each photograph shall be identified by date taken, Location name, GPS
location, and direction of view.
a. — No change.
2. 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 the public
health, safety and welfare, environment and wildlife of Weld County
pursuant to Section 21-5-462.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.
3. The OGED Director shall complete a review of the submittal and when
necessary, perform an on -site inspection. If the OGED Director determines
that there are no outstanding compliance issues associated with the
location the final Reclamation shall be deemed complete and approved. The
Operator shall then be released of any further obligations on the Location.
If the OGED Director determines Reclamation efforts to be insufficient or
incomplete the Operator will be notified, in writing, of such findings.
Approval by the OGED Director is required for an Operator to be released
of obligations on the Location.
Amend Sec. 21-5-468. Fees.
The OGED Director shall utilize Appendix 5-D when assessing fees pursuant to
Chapter 21, Article 5.
Failure to comply with any items contained in the approved 1041 WOGLA Permit
final order, the Conditions of Approval, the Development Standards contained herein or
any associated Weld County issued permits and agreements 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. 21-5-470. 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 amendment process. A
subsequent hearing shall be required for the Hearing Officer to consider a variance,
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pursuant to Section 21-5-355. 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.
Delete Division 5. Oil and Gas Solar Energy Facility (Sec. 21-5-500 through
Sec. 21-5-510) in its entirety.
Amend Article VI - Regulations for Pipelines - Petroleum Products in the
Unincorporated Area of Weld County (Division 1).
Division 1 General and introductory provisions
The regulations in this Article VI are not adopted pursuant to the authority set forth
in the Colorado Areas and Activities of State Interest Act ("AASIA"), Sec. 24-65.1-101, et
seq., C.R.S. Rather, they are adopted pursuant to Weld County's land use authority
granted in the Colorado Local Government Land Use Enabling Act, Sec. 29-20-101, et
seq., C.R.S.; the County Planning and Building Code statutes set forth in Title 30, Article
28, C.R.S.; the powers and authorities conferred upon home rule counties set forth in Title
30, Article 35, C.R.S., including authority to adopt the Weld County Home Rule Charter
to ensure self-determination and to promote the health, safety, security and general
welfare of the people of Weld County. These regulations are placed in this Article VI
because of their subject matter commonality and association with the regulations found
in Article V of this Chapter 21.
Sec. 21-6-10. Definitions.
The following terms specific to the designation of site selection and construction of
Pipelines - Petroleum Products shall be construed to have the meanings set forth as
follows:
Delete APPLICANT.
Delete APPLICATION.
Delete AUTHORITY HAVING JURISDICTION.
Delete BEST MANAGEMENT PRACTICES (BMPS).
Delete BOARD OF COUNTY COMMISSIONERS.
Delete CDPHE.
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Delete CONSTRUCTION PHASE:
Delete CPW.
Delete CROP LAND.
Delete FLOODPLAIN.
Delete HIGH PRIORITY HABITAT.
Delete LAP PERMIT.
Delete LOCAL GOVERNMENT.
Delete MINIMIZE ADVERSE IMPACTS.
Delete NON -CROP LAND.
Delete OPERATION AND MAINTENANCE PHASE.
OPERATOR: means any Person who exercises the right to control the conduct of
Pipelines - Petroleum Products.
Delete OVERLAY ZONING DISTRICTS.
Delete PIPELINE ROUTE.
Delete 'RECLAMATION.
Delete REFERENCE AREA.
Delete SUNDRY FORM.
Delete SURFACE OWNER:
Delete WEED.
Delete WILDLIFE RESOURCES.
Amend Sec. 21-6-20. Applicability and general rules.
A. Beginning October 1, 2025, construction of a Pipeline — Petroleum Products is a
Use by Right in all zone districts. No permit is required for the construction or modification
of any Pipeline.
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B. No new Pipeline — Petroleum Products may be constructed without an approved
Emergency Action Plan ("EAP") on file with the Weld County Office of Emergency
Management ("OEM").
C. The County may not issue a building permit or Right -of -Way use permit for a
Pipeline — Petroleum Products without the Operator having an approved Emergency
Action Plan on file with OEM.
D. Beginning October 1, 2018, all easements obtained for a Pipeline shall be located
outside the existing and future road right-of-way as depicted on the Weld County
Functional Classification Map, except at approved right-of-way crossings. A Pipeline
permitted after February 1, 2019, which is erroneously located within an easement
obtained on or after October 1, 2018, and within an existing and/or future right-of-way,
shall be moved at the expense of the Operator upon receipt of notice by Weld County of
its intent to improve or construct a roadway within the right-of-way.
Amend Sec. 21-6-30. Relationship of Pipeline - Petroleum Products regulations to
other county, state, and federal requirements.
A. Nothing in these Pipeline - Petroleum Products Regulations shall be construed as
exempting an Operator from any other requirements and/or permits of this County
including but not limited to Right -of -Way Use Permits, MS4 Permits, Access Permits, or
Flood Hazard Development Permits.
Amend Sec. 21-6-40. Operator registration and notification.
Prior to construction or operation of a Pipeline — Petroleum Products, an Operator
shall submit an Operator Registration form to the OGED Director, on the form provided
by the OGED. 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.
All persons or entities desiring to locate, construct, expand or operate a Pipeline
shall have a valid Operator Registration Form on file with OGED.
Add Sec. 21-6-50. Emergency Action Plan.
An Operator shall complete an Emergency Action Plan on the template provided
by OEM. OEM will consult with the local fire district on behalf of the Operator.
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Add Sec. 21-6-60. Spills and Releases.
Operators shall maintain a Spill prevention plan for each project with measures to
adequately protect any and all critical receptors, in compliance with local, state and
federal regulations. If required, the Operator shall remain in compliance with the
requirements of US EPA Spill Prevention, Control, and Countermeasure Plan (SPCC).
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.
Prior to conducting remediation work on a Spill or Release within or impacting the
County ROW, Operators shall contact the Department of Public Works to determine if any
permits maybe necessary.
Add Sec. 21-6-70. Fees.
An Operator who fails to comply with the registration and notification requirements
contained herein, or fails to have an approved Emergency Action Plan on file with the
Office of Emergency Management 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 utilize Appendix 5-D when assessing fees due to
enforcement actions.
Delete Article VI - Regulations for Location Assessment for Pipelines - Petroleum
Products in the Unincorporated Area of Weld County (Divisions 2 and 3), in their
entirety.
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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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII alMACIliAPAKin 1I III
2025-2630
ORD2025-12
Final Reading
Page 80
First Reading: August 11, 2025
Publication: August 20, 2025, in the Greeley Tribune
Second Reading: September 8, 2025
Publication: September 12, 2025, in the Greeley Tribune
Final Reading: September 22, 2025
Publication: September 26, 2025, in the Greeley Tribune
Effective: October 1, 2025
The Board of County Commissioners of Weld County, Colorado, adopted the above
and foregoing Ordinance, on motion duly made and seconded, by the following vote on
the 22nd day of September, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro -Tern: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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Carly Koppes, Clerk and Recorder, Weld County , CO
Mirk), EI III
2025-2630
ORD2025-12
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