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Home My WebLink About20252254.tiff Exhibit Inventory Control Sheet Code Ordinance#2025-12 Chapter 21 Areas and Activities of State Interest Exhibit Submitted By Description ----- -- ---- --- --------- -------------- ------- - -- A Colorado Oil and Gas Letter of Support,dated 9/8/2025 Association(COGA), Attn Ryan Steadley B C ------------- - ------ ------------- ---------------- D -------------- ------------- -------------------- ----------- E F ------ ---------- ----------------------------- H ----------------------- ---------------------- - -- ------------- I K L ------------------- - - -------------------------- M 0 P Q R S ---- - ------- --------- -- ---------- --------------------------------- ---- E ----- ---------------- ----------- 1 ------ ------------ -- - ------- T 2025-2254 September 8 , 2025 coGA Weld County Board of Commissioners COLORADO OIL & GAS ASSOCIATION 1150 0 Street P . O . Box 758 EX B T Greeley , CO 80631 .n a Delivered via E - mail . ORb 2025• •• / 2- Re : Chapter 21 Areas and Activities of State Interest ( Oil and Gas - Articles V and VI ) Dear Weld County Board of Commissioners , am writing to express the Colorado Oil and Gas Association ' s ( COCA ) support for Weld County ' s proposed code changes to Chapter 21 , Articles V and VI of the Weld County Code . These updates represeit a thoughtful and practical step toward improving the efficiency , clarity , and consistency of the local oil and gas development permitting process . The proposed revisions demonstrate Weld County ' s commitment to continuous improvement by reducing duplication of effort and providing clearer guidance . The County ' s emphasis on gathering input from all stakeholders reflects a collaborative approach that will strengthen both Weld County ' s regulatory processes and stakeholder trust . By streamlining submittal requirements , better coordinating public engagement timelines , and recognizing areas where ECMC documentation can be accepted in place of duplicative county materials , these code improvements will not only ease administrative burdens but also enhance transparency and predictability for all involved . This approach also creates a stronger framework for addressing community concerns . In particular , COCA encourages Weld County to streamline mapping requirements and , to the extent possible , utilize existing GIS resources at ECMC . COCA appreciates Weld County ' s proactive leadership in addressing these challenges . The proposed changes will help facilitate a more coordinated process , reduce uncertainty for project planning . , and ultimately benefit all stakeholders . Thank you for your efforts to ensure that Weld County remains a model for balanced , efficient , and transparent oil and gas permitting . Respectfully , Ryan Steadley Vice - President of Regulatory Affairs Colorado Oil & Gas Association Cc : Brett Cavanagh Esther Gesick Chloe White About COCA Founded in 1984 , the Colorado Oil & Gas Association ' s ( COCA ) mission is to be the unified political and regulatory voice for the oil and natural gas industry in Colorado , and to support our members through advocacy , partnerships , education and stakeholder engagement . • • WWW . COGA . ORG 1800 GLENARM PL UNIT 1100 , DENVER , CO 80202 1 Esther Gesick From : Brett Cavanagh Sent : Monday , September 8 , 2025 1 : 20 PM To : Ryan Steadley ; Esther Gesick ; Chloe White Subject : RE : COCA Comments to Weld County Code Updates Dear Ryan , Thank you for your thoughtful note and for COGA ' s support of the proposed code changes . We truly appreciate your partnership and collaboration throughout this process . I also want to emphasize that this has been a team effort , it reflects countless hours of work from stakeholders , Weld County employees , industry partners , and residents alike . The feedback and collaboration from all it volved played a critical role in shaping these updates , and we believe the outcome reflects a balanced , transparent , and effective approach to permitting . We value our ongoing partnership with COCA and look forward to continuing to work together to ensure Weld County remains a leader in responsible energy development while protecting the health , safety , and welfare of our residents . Thank you again for your support . Regards , COUNTY , CO Brett A . Cavanagh , MBA Director Oil and Gas Energy Department Desk : 970 - 400 - 3579 1402 N 17th Ave , Greeley , CO 80631 0X ® CD o Join Our Team IMPORTANT : This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged , confidential or otherwise protected from disclosure . If you have received this communication in error , please immediately notify sender by return e - mail and destroy the communication . Any disclosure , copying , distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is str ctly prohibited . From : Ryan Steadley < Ryan . Steadley@coga . org > Sent : Monday , September 8 , 2025 1 : 12 PM To : Brett Cavanagh < bcavanagh@weld . gov > ; Esther Gesick < egesick@weld . gov > ; Chloe White < cwhite@weld . gov > Subject : COCA Comments to Weld County Code Updates This Message Is From an External Sender This email was sent by someone outside Weld County Government . Do not click links or open attachments unless you recognize the sender and know the content is safe . Good Afternoon , Please find attached COGA ' s comments to Weld County ' s code updates to Articles V and VI . Thank you , Ryan Steadley Vice President of Regulatory Affairs Colorado Oil & Gas Association 405 - 249 - 6131 2 24"--44* Esther Gesick fril)/°44desi From : Kelly Holliday Sent : Tuesday , August 12 , 2025 4 : 18 PM To : Esther Gesick Cc : Brett Cavanagh ; Tyler Seno Subject : Code Ordinance 25 - 12 edits Attachments : Ord25 - 12 . 1 st - with edits 8 - 12 - 2025 . docx Esther , Attached are the edits we have made following 1st reading . I tried to make my comments as clear as possible , but please don ' t hesitate to reach out should you have any questions . Thanks , `1• ik 1 =1 � COu gry , CO Kelly Holliday , RPL Lead Regulatory Analyst Local Government Designee ( LGD ) Oil and Gas Energy Department Desk : 970 - 400 - 3582 Cell : 970 - 702 - 4668 1402 N Ave , Greeley , CO 80631 0 n a , loin our Team IMPORTANT : This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged , confidential or otherwise protected 4rom disclosure . If you have received this communication in error , please immediately notify sender by return e - mail and destroy the communication . Any disclosure , copying , distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited . 1 do.:2502a54/ Seco)d Read inj i861,at MEMORANDUM To: d sn jubr, From: BB A. County. CavanaghCommis, Director ioers, Oil & Gas Energy COUNTY,CO Department Date: September 5,2025 Re: ORD2025-12,Second Reading-Chapter 21 Areas and Activities of State Interest(Oil and Gas-Articles V and VI) Following the first reading,staff carefully reviewed Board feedback,industry input,and other stakeholder comments.The resulting revisions reflect collaboration,clarity,and consistency while maintaining the Board's vision for regulatory efficiency and responsitle energy development. Key updates include: • Refined Definitions&Language o Updated several definitions to provide greater clarity and improve consistency throughout the code. o Removed ambiguous or conflicting language to simplify compliance for operators and streamline staff review processes. • Article VI-Emergency Action Plan(EAP)Safeguards o At the Board's request and in consultation with the Office of Emergency Management and County Attorney's Office,we added back key safeguards related to Emergency Action Plans. o These provisions strengthen coordination between operators and the County to ensure preparedness for potential emergencies without introducing unnecessary burdens. • Sec.21-5-446-Drainage&Stormwater Management o At the Board's direction, staff modified and simplified the drainage and stormwater management requirements to improve clarity and ensure consistency across departments. o These updates were developed in collaboration with the County Attorney's Office, Public Works, and the Planning Department to align technical standards,reduce duplicative reviews,and improve operational efficiency. • Collaboration with Industry Partners o Staff engaged directly with oil and gas operators and stakeholders to address questions, resolve concerns, and ensure the revised language remains practical,enforceable,and balanced. Staff recommends adoption in second reading with these changes. ZOzS-ZZ5(1 First Reading Page 2 Applicant : means the pPerson or entity who applies fora 1041 WOGLA Permit . The Applicant may be referred to herein as the 40 -4 1 WOG - LA - Permitteet " Operator " . Application . means the 1041 WOGLA Permit application filed by the Applicant pursuant to Section 21 - 5 - 320 of this Code and may also be referred to herein as the " 1041 WOGLA Permit Application " or " CaseApplication " . Application for Intervention : means are - applic- ationa 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 ( "AH1 ) : means any other entity which may have jurisdiction over a certain area or may own or operate certain features 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 mpacts 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 ( "BUJ ) : means a Residential Building Unit , as defined in this Article V , and any building thati-s- usedfar - - bu -sines - Qcom ial- pu- poses tts every five thousand ( 5 , 000 ) square feet of floor area in commercial facilities or every fifteen thousand ( 151000 ) square - eet of building floor area in warehouses that are o • eratin • and _ 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 - 3317 , 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 . Commented [ KH1 ] : Insert definition " Class II Well : Closed Loop Geothermal System : means a Deep Geothermal Operation In which a - means a Well tha - is used only to inject fluids Material Medium is circulated inside an interconnected sealed system , and which neither associated with oil and natural gas production as further defined in EPA Regulation 40 CFR § 144 . 6 " produces nor injects Geothermal Fluids from or to the subsurface formation . Insert definition " Class VI Well : means a Well that is used for injecting CO2 for geologic sequestration as further defined in EPA Regulation 40 CFR § 146 . 81 . " j 2025 - * ORD2025 - 12 First Reading Page 3 Closed Loop System : means a mechanical system that separates liquids and solids during drilling operations to eliminate the need for rReserve pRits . Completed Well : means a Well in which oil , gas , or Geothermal Resources are produced through wellhead equipment from the producing intervalis ) after the production string has been installed . CO2 : means carbon dioxide ( CO2 ) , nitrogen ( N2 ) , oxygen ( 02 ) , 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 Pore Space , and any combination of these substances . commented [ KH2 ] : Replace with " Injection Zone " Completion : means operations-conducted on a - /-ve11 {- 4, - subsectuent o - + ng;that - -are necessary to - prepare or- e - stimutete- # he - Welys } for- production : Completion - - operations i-nol de- ; t - are- not - limited to , fracture prepay - • _ - . _ • - - - - • - - , : • e - • nd Rovubask 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 u ltimate 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 e quipment 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 rReclamation being performed in accordance with Section 21 - 5 -' 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 , o r injection of Geothermal Resources , Geothermal Fluids , water , or E & P Waste . 2025 - * ORD2025 - 12 First Reading Page 8 315433171 below , and the School Governing Body must affirm the nature , timing , and location of the Future School Facility in writing ; or 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 - 346 : B3171 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 Storage Well : means any Well drilled for the injection , withdrawal , production , o bservation , 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 Linhanced rRecovery of native hydrocarbons shall not affect its status as a Gas Storage Well . Geologici Sequestration : means the long - term containment of CO2 _ within Pore Space . commented [ KH4 ] : Please make the following changes to the definition of Gas Well . Geothermal Act : means The Colorado Geothermal Resources Act , Section 37 - 90 . 5 - 101 , Insert the followinc text at the end of the existing C . R . S . , et seq . definition " ( including non - hydrocarbon gases such as Carbon Dioxide and Helium ) " Geothermal By - Products : means dissolved or entrained minerals and gases that may be ` commented [ KH5 ] : Replace with " the Injection Zone " o btained 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 Infection Well : means a Well drilled , converted , or reworked for the purpose o f injecting fluids approved for disposal , subsidence abatement , reservoir pressure maintenance , reservoir fluid augmentation , or circulation . Geothermal Pad Surface : means the portion of a Deep Geothermal Location that has an improved surface upon which Deep Geothermal Operations take place . Where Rules in the 1300 - Series of ECMC incorporate by reference rules from other series which use the term Working Pad Surface , the term Geothermal Pad Surface will be substituted for Working 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 2025 - * ORD2025 - 12 First Reading Page 10 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 through a Class VI Went and which includes the Pore Space . Commented [ KH61 : Insert " 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 Commented [ KH7 ] : Strike o r statutory city , town ; territorial charter city or city and county , or any special district e stablished pursuant to the Special District Act , Sections 32 - 1 - 101 to 32 - 1 - 1807 ( 20132024 ) 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 - In in a • - • a : . _ _ - - aerticables 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 . 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 : rneane - Pits used for treatment , - storage ; recycling ; - reuse , of ettsposal - e #- - - P pastes - generated fr a n e - wel l that - will - - + t se - - f fae Isere han -three -( 3 } -years . Oil and Gas Facility : means equipment or improvements used or installed for the benefit o f any Well for the purpose of exploration , production , withdrawal , treatment , or processing of crude oil , condensate , E & P Waste , and gas ; - Enhanced-Recovery - storage : or-disposal:-excluding - Pipeline - Petroleurn - Prodestscas - defined in Article VI-of -this 2025 - * ORD2025 - 12 First Reading Page 13 3 Basic Sediment / Tank Bottom Pits used to temporarily store or treat the e xtraneous materials in crude oil which may settle to the bottoms of Tanks o r production vessels and which may contain residual oil . 4 Workover Pits used to contain liquids during the performance of remedial o perations 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 cement+ Hg -permanent plugging of a Well , the removal of its associated Production Facilit+ esFacility , the abandonment of its Flowline ( s ) , and the Remediation and Reclamation of the wellsiteWell 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 . Pore Space : means the strata , subsurface , and geologic formations underlying the Class VI Well .. which can be used as storage space for CO21 limited to the formations stratigraphically overlying and underlying the injection zone ( s) . commented [ KHs ] : Stike the definition of " 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 —0 - end Gas Location for any storage , separation , treating , dehydration , artificial lift , power supply , compression , pumping , metering , monitoring , Flowline , and other equipment directly associated with a Well . Production Phase : means all those activities on a Olt and Gas 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 - 65464 of this Article V . 2025 - * ORD2025 - 12 First Reading Page 16 member , or to a principal or senior administrator of a School that is in proximity to the proposed 04 - a - nd Gas 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 . Commented [ KH9 ] : Should be capitalized Additionally , areas classified for domestic use by the Colorado Water Quality Control Commission , local ( water supply ) wellhead protection areas , areas within one - eighth CA ) mile of a domestic water Well , areas within one - quarter CA ) mile of a public water supply Well , around . 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 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 gGround ` Plater and surface water ; such as soil borings , monitoring Wells , or percolation tests that demonstrate that seepage will not reach underlying gGround vvIWater 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 Staff 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 rhea^ -sec 4n - - 0t - - and Gas Opora i - mock ing - Pits related - - to - - Produced -Water - Rowlines a -srsoc + ated witae-from - gas - gat-hering; processing- and - -storage - facilities , which constitute : 1 . used - -to - s ect- material - result + r em inoludi n g but-not limited- to, the - - emptying or depressu - ruing of Welts,vessel E & P Waste from gathering - y sterns . 2 . - — Aare Pit j ed excl siv ety- -fo ring - gas: 2025 - * ORD2025 - 12 First Reading Page 17 3 . Bas ntaan B its used to temp or treatthe-extraneous materials- in - crud tle ttems - of Tanks - sr- pred tion - vessels - ate which - residue - eit vorlcover - Kits used to contain—liquids during the performance of remedial operations - en - a - pfoducing Well -to increase - production 5 . - - la gi - Pits user - fog - c nta + nrnent - of-flues - enceunterecl- -d - - - g process Spud : means to - start the Well drilling - - p-recess - - by removing 40 — d - otf sedimentac- - material - with - th he initiation of drilling the surface casing hole of a Well . S tormwater Runoff: means rain or snowmelt that flows over land and does not percolate into soil and includes Stormwater that flows onto and off a a - s Location or Oil a - nda Facility , being more specifically defined in Chapter 8 of this Code . Delete Sundry Process . + eans t rces -s - +sed y- the Operator to request appre -val - of gropes end is - on - - any- fit - - ,and - Ga -s - - - Lien -or- Fac + l i ter - located in the-Weld Miner ' - - . - e . _ • : en ' - - - It - may - at -so be refer " 4-84 - 1 -v OGLA Sundry Process " : ' u „ S urface 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 . S urface Use Agreement ( " SUA ") : means any agreement in the nature of a contract or o ther form of document , signed by the landowner and notarized , binding on the Operator , including any lease ' damage agreement waiver , Local Government approval or permit Commented WWI: : Insert definition " Waters of the o r other form of agreement , which governs the Operator ' s activities -VWthin-the- 0 - 11 - - anteas State : mean any and all surface and subsurface waters Location on the surface in relation to locating a Well . Multi - Well Site , Production Facility , which are contained in or flow in or through this state , Pipeline , any other Facility that supports oil and gas or Geothermal Resource but does not include waters in sewage systems , waters in treatment work : of disposal systems , water in development , located on the Surface Owner ' s property . potable water distribution systems , and all water • withdrawn for use until use and treatment have been Turn - in - Line : means a wWell turned to sales , and may also be referred to herein as " TIL . " completed - Waters of the State include , but are not limited to , all streams . lakes , ponds , impounding • reservoirs . Wetlands . watercourses . waterways . wells . Delete Weed means - any-undesirabie - plant . i springs , irrigation iitches or canals , drainage systems , and all other bodies or accumulations of water , surface , Well : _ means a Deep Geothermal Well ; an Oil Well or Gas Well , _ a - hele - drilled - for4bhe ; and underground . natural or artificial , public or private , pufpese of - producing - oil - or - pass ; -a - Well into which-fluids or- gasses-are-injected for situated wholly or partly within or bordering upon the State ` ' purposes - of hanc- ed - 1 ee- avert' ; a Class II ` UIC WelLa Geothermal Injection Commented [ KH 111 : Strike " UIC " 2025 - * ORD2025 - 12 First Reading Page 18 Well , a Class VI Well , a Stratigraphic Well a Gas Storage Well or a Well m used for the Commented [ KH12 ] : Strike " a Geothermal Injection purpose of monitoring or observing a reservoir . Well . " A . Class VI Well : means a Well that is used for injecting CO2 for geologic sequestration as further defined in EPA Regulation 40 CFR § 146 . 81 . Commented [ KH13 ] : Strike moved above to be in alphabetic order B . 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 . s Commented [ KH14 ] : Strike moved above to be in alphabetic order _ Oil and Gas Well : means a hole drilled for the purpose of producing oil or gas ( including non - hydrocarbon gases such as Carbon Dioxide and Helium ) . Commented [ KH15 ] : Strike Well Site : means the areas that are directly disturbed during the drilling and subsequent operation of , or affected by , Oil and Gam - ac ies or Production Facilities directly associated with any Well and its associated Well pad . -61 Wildlife Resources : means fish , wildlife , and their aquatic and terrestrial habitats used for Commented [ KH16 ] : Insert definition of " Wetlands : all life stages : including reproduction , rearing of young and foraging ; and the migration means those lands as defined by the EPA pursuant to corridors and seasona ranges necessary to sustain robust wildlife populations . section aoa of the clean water Act and based on the Army Corps of Engineers Wetland Delineation Manual . " 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 , UPI acid - - Gas Facilities , and 04 s 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 041 - and - Gas Location ( including School Facilities and Child Care Centers within two thousand ( 2 , 000 ) feet of the Oil and Gas Location ) . The 1041 WOGLA Permit is designed to protect and promote the health , safety , and welfare of Weld County ' s citizens , environment , and wildlife . B . A 1041 WOGLA Permit is required after August 5 , 2019 , for the construction of a Well Site . a - L-0 + 1 and Gas Facility , and / or an Oil and - - Gas Location in all zone districts . Existing approved and constructed WOGLA ' s as of August 5 , 2019 , are 2025 - * ORD2025 - 12 First Rearing Page 22 1 . Pre - Application Meeting Request . The pre - application meeting request shall be submitted by - t oant - - on - - - e - e - r' rent- form — supplied - - by 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 3i - and - was 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 , floodplainsl floodways , subdivisions , city limits , and county boundaries , within the DA . In the case of an Oil and - Gas Location with no Wells , the WeII ( s ) producing to that 044 - - and - Gas Location shall be identified . In the case of a Location involving a Class VI Well , the { Commented [ KH17] : Insert " class II or " DA shall be considered the Injection Zone . In the case of a Geothermal Well , the DA shall be the 1041 WOGLA Zone . Proposed Haul Route map . The purpose of the hHaul . Route map is to identify the Applicant ' s desired route to and from the preferred Ong - Gas Location . The map shall identify the proposed : - Haul i = ' oute , from the preferred ail and Gas Location to the nearest County designated arterial roadway or state or federal designated highway , and indicate the desired new or exis -ting access point . Additionally , the map shall indicate the direction of traffic dietrbu -tiorh ercentage 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 address hone - number 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 . 14 -4b a - able - to meet withi he- -stated -t + meframe , they - may regoes # tin-writ+ ng - - a - date which is-more -than - fourteen- E i days f ofari the date t eir sub + - + at - The -OGED lairec- w+ work - - with -the Applicant to- - asoaa edate their - requested - plate . Attendees -of the pre application - meeting - will - be - the Applicant wand the OGED - Decte Invitations to participate in the pre - application meeting will 2025 - * ORD2025 - 12 First Reading Page 27 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 e xpected that the Applicant will provide siting analysis e xplanations for the Locations that were discussed during the pre - application meeting . The Site Analysis shall include alternatives if the Applicant ' s chosen site , - has the following _ _ ( Commented [ KH18 ] : Insert " is located within High cultural items within two thousand ( 2 , 000 ) feet of the Priority Habitat or " Applicant ' s chosen site as measured from the Disturbance Area to the cultural item : Building Units , High Occupancy Building Units . hospitals , Schools , churches Sensitive Areas , Commented [ KH19 ] : Replace " Building Units , High High Priority Habitats . local government boundaries and Occupancy Building Units , hospitals . Schools , water resources including lakes , ponds , rivers , and ditches . churches wit ( , Bus , Hoaus , ooAAs ° `Commented [ KH2O ] : Strike " High Priority Habitats , " C . — No change . d . A narrative describing plans for interim and final Reclamation . e . A traffic narrative for the 4 + 1 - -a + dGas - Location addressing o perations for construction , drilling , and completions , shall include the following information : 1 ) — No change . 2 ) The expected ! aul routes for the vehicles . 3 ) through 4 ) - No change . B . Attachments . The following shall be attached to the application : 1 . Haul Route Map . The purpose - of the - - hat l - ro lte } -a � - -to identify the Applicants- des-wed route - to - end from the - preferred-Oil-and-Gas s Location .-The - - reap - - -shalt - - ide it+ -the proposed - - hau - route ;fram- -the preferred Oil and - - Gas -Location- to the - nearest-County - - designated arterial roadway or state - or -federal des grated highway ind cate the - desired - nevi - er- ex+sting access - - point :- Additionalivt# e - - map - shall indicate the traffic- - distribution - percentage when - traffic --reaches the aFteriat - - coadway - - e - highway- - The Haul Route map as described in Section 21 - 5 - 315 . A . 3 above , inclusive of any updates or changes identified . 2025 - * ORD2025 - 12 First Reading Page 39 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 . commented [ KH2 " I : Insert " The Applicant shall invite all parties provided notice pursuant to Section 21 - 5 - 5 . OGED processing of the 1041 WOGLA CDP Permit Application . The 325 . A . 2 . " 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 . 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 hearings 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 - 360 . d [ commented [ KH221 : Should be 355 not 360 CDP ' s will be considered " evergreen " in nature , meaning Operators must adhere to all current and future Code requirements and Development Standards . G . U-pan approvaLthe individual Site - Specific 1041 WOGLA - Application shall follow thecemaining-tem-ofthe original GDP 2025 - * ORD2025 - 12 First Reading Page 66 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 point , by taking the logarithmic average of all measured daytime or nighttime one ( 1 ) - hour Leq values measured - - -and + with the - sound - level data collection - requirements irements -pursuant to the maximum permissible noise - - Levels - - -€o abt d . Sound - levels ashatl be measured - at - a - distanceSundred ( } -feet- from - the Oil - and - - Gas - ocation a -t - minimum in -f ( 4 } - d { rest + onsclf - - - grope ss - is not granted , or i # certain s + exist- that - prohibit meae _ _ * - _ - - . • one—or mo • : . - _ a - D Director may grant an-exception to-measure less than fog - ( 4 )- directions - e . Operators -may exceed-the-noise-levels to Table 416 A . 1 ao rneasu est — +jai compliance if all - _ - • . - - a • • - • 5 - • - • -within-the noi- se- - lirequested bathe Operator . B . 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 Ail both A - scale and C - scale complaint : a . Sound levels measurements shall be measured at the` - paint ( 2 ) of comp ! + ante per Section - 21 - 5 416 . A . 1 . d . , in the complainanttaken twenty - five ( 25 ) feet from the exterior wall of the complainant ' s residence or occupied structured or at a location Commented [ KH23 ) : Replace highlighted text with determined to be sufficient in obtaining representative noise levels " impacted BU " as approved by the OGED Director . At -the request- of-the- complainant - of OG € - a - Directs mot nd levels rn- ay - be m eaasured - at - a - point beyond - the - point- of—compliance , that- - - the complainantor- OGED Directs belie „ es more - representative - efthe noise - - impact - ob . In situations where measurement of noise levels at-the-point ( s ) of compliance - per Section 2 - 416 . A . 1 . c — is -unrepresentative - or- non- attainable due - to - topographyi rneasurements - - may be taken at a more attainable / accessible distance - and - must be extrapolated to the 2025 - * ORD2025 - 12 First Reading Page 77 B . and C . - No change . rCommented [ KH24 ] : Please make the following changes to B . and C . Amend Sec . 21 - 5 - 454 . Protection of Wildlife Resources . In B . replace " riparian zones and Floodplains . " with g " riparian corridors , Vetlands , surface Waters of the -A . No change . State and Floodplains . " B . fin - selecting conditions of approval tThe OGED Director and / or 1041 WOGLA In C . replace " riparian areas , streams , and critical habitats . " with " riparan corridors , Wetlands , surface Hearing Officer shall consider the following factors , among-other considerations Waters of the State and Floodplains . " when approved a 1041 WOGLA Permit within HPH : ` 1 . The BMPs for the producing geologic basin in which the Oil and Gas Location is situated ; 2 . Site - specific and species - specific factors of the proposed new Oil -anus Location ; 3 . Anticipated direct and indirect effects of the proposed Oitand, Gas Location o n Wildlife Resources ; 4 . The extent to which ;: conditions of iloproval will promote the use of e xisting Tacilities and reduction of new surface disturbance ; 5 . The extent to which legally accessible , technologically feasible , and e conomically practicable alternative sites exist for the proposed new 04 Gas - Location ; 6 . The extent to which the proposed Oil - a - nd-Gaoperations will use technology and practices which are protective of the environment and Wildlife Resources ; 7 . The extent to which the proposed Oil and Gas Location minimizes surface disturbance and habitat fragmentation ; 8 . The extent to which the proposed omand - Gas Location is within land used for residential , industrial , commercial , agricultural , or other purposes , and the existing disturbance associated with such use . Amend Sec . 21 - 5 - 456 . Requirements in High Priority Habitats . An Operator of a _ n - Oikand - - Ga -s 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 . 2025 - * ORD2025 - 12 First Reading Page 79 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 cumulative 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 Mminimize erosion , alteration of natural features , removal of surface materials , and degradation due to contamination . 2 . Operators shall avoid or Minimize Adverse Impacts to wetlands and riparian halaitet - zones , to the degree practicable . Commented [ KH251 : Replace with " riparian corridors , Wetlands , surface Waters of the State and Floodplains " 3 . Where practicable . Operators shall consolidate facilities and Pipeline rights - o f - way to Minimize Adverse Impacts to Wildlife Resources , including fragmentation of wildlife habitat , as well as cumulative-- other surface impacts . 4 . Access roads . Existing roads shall be used to the greatest extent practicable to minimize Eerosion and minimize the land area devoted to Oil and Gas Operations . Roadbeds shall be engineered to avoid or Minimize Adverse Impacts to riparian areas - - zones or wetlands' to the extent _ _ , _ - - - Commented [ KH26 ) : Replace with " riparian corridors , practicable . Unavoidable impacts shall be mitigated . Road crossings of Wetlands , surface Waters of the State and Floodplains " streams shall be designed and constructed to allow fish passage , where practicable and appropriate . Where feasible and practicable , Operators are e ncouraged 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 ortgicial access road boundary . Repeated or flagrant instance ( s ) of failure to restrict lease access to lease roads which result in u nreasonable 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 . 2025 - * ORD2025 - 12 .e.oz;h2 )424.2 Rsich.;x First Reading Page 8 Geothermal Injection Well : means a Well drilled . converted: or reworked for the purpose of inject ' ng fluids approved for disposal, subsidence abatement , reservoir pressure maintenance , reservoir fluid augmentation , or circulation . Geothermal Pad Surface : means the portion of a Deep Geothermal Location that has an improved surface upon which Deep Geothermal Operations take place . Where Rules in the 1300 - Series of ECMC incorporate by reference rules from other series which use the term Wc . rking Pad Surface , the term Geothermal Pad Surface will be substituted for Working Pad Surface . Geothermal Resources : means the natural heat of the earth and includes : A . The energy that may be extracted from that natural heat : 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 a cemented [ KH1 ] : Strike this statement and replace apply to all vehicles with a GVWR _( Gross Vehicle Weight Rating ) exceeding 10 , 000 , with pounds or any vehicle towing equipment . !Temporary exceptions to the approved Haul Route cluing the Production Phase may be ranted as approved b the OGED Director . . � Production Phase exclusions to the Haul Route shall y g y apply to all local hauling with proper bill of lading . Exceptions to the Haul Route shall apply to any Transport Permits issued pursuant to Chapter 8 Article XV of Weld County Code . ' 2025 - * ORD2025 - 12 2025 - 2254 First Reading Page 12 1 Slowdown Pits used to collect material resulting from , including but not limited to , the emptying or depressurizing of Wells , vessels , or Flow , ines , or E & P Waste from gathering systems . 2 . Flare Pits used exclusively for flaring gas . 3 . Basic Sediment / Tank Bcttom Pits used to temporarily store or treat the e xtraneous materials in crude oil which may settle to the bottoms of Tanks o r production vessels and which may contain residual oil . 4 . Workover Pits used to contain liquids during the performance of remedial o perations on a producing Well to increase production . 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 . Pore Space : means the strata , subsurface , and geologic formations underlying the Class VI Well , which can be used as storage space for CO2 , limited to the formations stratigraphically overlying and underlying the injection zone ( s ) . Produced Water : means water extracted from the earth from an oil or natural gas production Well , or separated from cruce oil , condensate , or natural gas after extraction . Produced Water includes Flowback water , excluding proppants returned to the surface ._ Commented [ KN2 ] : Insert as a sub point under Produced Water definition the following . Production Facility : means equipment or improvements used or installed at a Location for " A Recycled / Treated Produced Water : any storage , separation , treating , dehydration , artificial lift , power supply , compression , Produced water that has been treated by approved pumping . metering , monitoring , Flowline , and other equipment directly associated with a methods to reduce hydrocarbons and / or volatile Well . organic compounds ( VOCs ) , consistent with all applicable local , state , and federal standards . Such water shall meet environmental , air quality , and carbon Production Phase : means all those activities on a Location related to production that emission criteria and be suitable for reuse in oil and occur after the Wells are first turned to sales , or interim Reclamation has been performed gas operations or other applications as may be in accordrance with Section 21 - 5 - 464 of this Article V . , Permitted by law . " Delete Production Pit . 2025 - * ORD2025 - 12 First Reading Page 20 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 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 , V indicating whether they are paved or gravel , and shall identify any { local Commented [ KH3 ] : Insert . . . any ` bridges , culverts , towns , Schools , School Facilities , Future School Facilities and / or Child Care irrigation structures , " 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 . 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 : 2025 - * ORD2025 - 12 First Reading Page 32 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 . 4 . If county - maintaineci 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 o peration . 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 o ptions 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 Report is required for a 1041 WOGLA Permit . At the time o f application submittal , at minimum , a preliminary drainage report shall be provided for review by Weld County pursuant to the \ requirements of Chapter 8 Article XI , and Section 21 - 5 - 446 of this Code . Prior to applying for a Grading Permit , a final drainage _ report - _ Commented [ KM] : Strike the word " final " stamped and signed by a Professional Engineer registered in the State of Colorado is required . - Commented [ KH5 ] : Strike " is required " and replace with " must be accepted " 2025 - * ORD2025 - 12 First Reading Page 53 e nforced 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 m tigation , or pursuant to any enforcement action against an Operator . The OGED Director may require an Operator to further evaluate its o peration and impose additional odor mitigation measures in the event of a public complaint ; or other odor observation . Amend Sec . 21 - 5410 . Site Security . Trie 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 , u nauthorized vehicular traffic , and illegal dumping of wastes . A Appropriate measures shall be implemented to prevem 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 - 5412 . Site Signage . A . The Operator shall , concurrent with the start of Construction Phase operations , post a Temporary sign . . The sign shal_ I be _ placed at the intersection of the lease ` commented [ KH17 ] : Strike the word " temporary " 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 . 2 . ECMC Location ID . 3 . The Location name . 4 . The legal description ( Section / Township / Range ) of the Location , including the Section Quarter / Quarter . 2025 - * ORD2025 - 12 First Reeding Page 54 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 : 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 permanent sign described in Section 21 - 5 - 412 . A . commented [ KH18 ] : Strike " permanent sign " and insert the word " signage " 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 Emissiors or " Green " Completion requirements of CDPHE , AQCC , Regulation 7 and US EPA , New Source Performance Standards , Subparts 0000 and 0000a . 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 . 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 : 2025 - * ORD2025 - 12 First Reading Page 6C 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 o f 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 n otify 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 . Commented [ KH7 ] : Capitalize " Release " 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 Prevent on , 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 ;, ounty Office of Emergency Management of the \\I o ccurrence of Spills and Releases , as required by the terms of the approved Weld County Emerger cy Action Plan ; Commented [ KH8 ] : Insert new paragraph stating Amend Sec . 21 - 5 - 432 . Venting and flaring natural gas . " Prior to conducting remediation work on a Spill or Release within or impacting the County ROW Operators shall contact the Department of Public Operators shall comply with applicable state and federal rules regarding venting Works to determine if any permits maybe necessary . „ and flaring of natural gas . Venting and flaring of natural gas is prohibited except under e mergency 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 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 . Genera ! Requirements . 2025 - * ORD2025 - 12 First Reading Page 63 3 . Remote monitoring and automation . Wells and Production Facilities shall be equipped with remote monitoring and control capabil ties 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 State and _ federal_ _ safety rules arm regulations as r ( Commented WH9 ] : Insert . . . with " local , " applicably 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 . Ar 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 . 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 . The Operator shall submit a preliminary drainage report that addressed water quality and detention / retention requirements 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 . 2025 - * ORD2025 - 12 Esther Gesick From : Kelly Holliday Sent : Thursday , July 31 , 2025 5 : 11 PM To : Esther Gesick ; Brett Cavanagh ; Bruce Barker Cc : Elisa Kunkel ; Oscar Fierro ; Rebecca Sears ; Robert Burton ; Stephanie Miller ; Tyler Seno Subject : RE : WS : Article V - Chapter 21 Oil & Gas Revisions Attachments : Ord25 - 12 . 1 st with comments 7 - 31 - 25 . docx Esther , Attached are the additional requested edits as comments . Hopefully this will be it ! Thanks , _�-1 8 h 1 ' '`�� • COUNTY . CO Kelly Holliday , RPL Lead Regulatory Analyst Local Government Designee ( LGD ) Oil and Gas = nergy Department Desk : 970 - 400 - 3582 Cell : 970 - 702 - 4668 1402 N 17th Ave , Greeley , CO 80631 0X en ® o Join Our Team IMPORTANT : This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged , confidential or otherwise protected from disclosure . If you have received this communication in error , please immediately notify sender by return e - mail and destroy the communication . Any disclosure , copying , distribution or the taking of any action concerning the contents of this comrr unication or any attachments by anyone other than the named recipient is strictly prohibited . From : Esther Gesick < egesick@weld . gov > Sent : Wednesday , July 30 , 2025 5 : 41 PM To : Kelly Holliday < kholliday@weld . gov > ; Brett Cavanagh < bcavanagh@weld . gov > ; Bruce Barker < bbarker@weld . gov > ; Esther Gesick < egesick@weld . gov > Cc : Elisa Kunkel < ekunkel@weld . gov > ; Oscar Fierro < ofierro@weld . gov > ; Rebecca Sears < rsears@weld . gov > ; Robert Burton < rburton@weld . gov > ; Stephanie Miller < smiller2@weld . gov > ; Tyler Seno < tseno@weld . gov > Subject : RE : WS : Article V - Chapter 21 Oil & Gas Revisions Hi Kelly , Thanks for such a rapid review ! I saw the lower - case Roman numerals in the draft and your hunch is correct . I recently verified this same question with Municode for another ordinance to ensure we keep our revisions 1 consistent with what they do throughout the Code . The updated version with your edits is attached . For future reference , the Municode outline hierarchy is : A . 1 . a . 1 ) Thanks , and have a great evening ! L ' 1 $ 61 , sty _ ! fj COUNTY , CO Esther E . Gesick Clerk to the Board Desk : 970 - 400 - 4226 Cell : 970 - 302 - 7415 P . O . Box 758 , 1150 O St . , Greeley , CO 80632 @X. ® CI) o Join Our Team MPORTANT : This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged , confidential or otherwise protected from disclosure . If you have received this communication in error , please immediately notify sender by return e - mail and destroy the communication . Any disclosure , copying , distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited . From : Kelly Holliday < ' <: hollid _y@weld _ gpv > Sent : Wednesday , July 30 , 2025 3 : 12 PM To : Esther Gesick < _egesick@weld . gov > ; Brett Cavanagh < bcavanagh@weld . gc > ; Bruce Barker < barker@weld . gov > Cc : Elisa Kunkel < ekunkel@weld . gov > ; Oscar Fierro < ofierro@weld . gov > ; Rebecca Sears csears@weld . gov > ; Robert Burton < rburton@weid . gov > ; Stephanie Miller < smiller2@weld . gov > ; Tyler Seno < tseno@weld . gov > Subject : RE : WS : Article V - Chapter 21 Oil & Gas Revisions Hi Esther , I have noted all of my findings as comments in the attached document . Most are minor and you ' ll notice the following comment a number of times throughout " To be consistent with other areas of this Division these should be numbered with lower case Roman numerals " but it appears maybe the original version you were working from was different than what I has , so maybe this just needs to be whatever makes it consistent throughout County Code . Thanks , lshl COUNTY , CO Kelly Holliday , RPL Lead Regulatory Analyst 2 Local Government Designee ( LGD ) Oil and Gas Energy Department Desk : 970 - 400 - 3582 Cell : 970 - 702 - 4668 1402 N 17th . Ave , Greeley , CO 80631 X ® ® o Join Our Team IMPORTANT : This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged , confidential or otherwise protected from disclosure . If you have received this communication in error , please immediately notify sender by return e - mail and destroy the communication . Any disclosure , copying , distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited . From : Esther Gesick < - gesick@weld . gov > Sent : Monday , July 28 , 2025 4 : 00 PM To : Brett Cavanagh < bcavdriagh@weld . gov > ; Bruce Barker < bbarker@weld . gov > ; Esther Gesick < egesick@weld . gov > Cc : Elisa Kunkel < ekunkel@weld . gov > ; Kelly Holliday < khotliday@weld . gov > ; Oscar Fierro < ofierro@weld . gov > ; Rebecca Sears < sears@weld . gov > ; Robert Burton < , burton@weld . gov > ; Stephanie Miller < , milier2@weld . gov > ; Tyler Seno < seno@weld go \ ) > Subject : RE : WS : Article V - Chapter 21 Oil & Gas Revisions Hi Brett and Team , Please review the attached formatted draft of Ordinance # 2025 - 12 and let me know if you locate any errors for need for correction . If you ' re wondering why it is so much shorter than the original version , it is because I don ' t include text which is not in need of revision ( for codification and newspaper publication purposes ) . Also , would you send me the complete , consolidated version with all the proposed edits , please ? I ' ll scan it into the public record as related backup . We will be reading this beast to audio on Thursday and scanning everything on Friday . Thanks , • • • COUNTY. CO Esther E . Gesick Clerk to the Board Desk : 970 - 400 - 4226 Cell : 970 - 302 - 7415 P . O . Box 758 , 1150 O St . , Greeley , CO 80632 X ® (1) o Join Our Team MPORTANT : This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged , confidential or otherwise protected from disclosure . If you have received this communication in error , 3 please immediately notify sender by return e - mail and destroy the communication . Any disclosure , copying , distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited . From : Brett Cavanagh < bcavanagh@weld . gcY , > Sent : Wednesday , July 23 , 2025 2 : 26 PM To : Esther Gesick < egesick@weld . go > ; Bruce Barker < Jbarker@weld . go > Cc : Elisa Kunkel < ekunkel@weld . gov > ; Kelly Holliday < kholliday@weld _ . gov > ; Oscar Fierro < ofierro@weld . gov > ; Rebecca Sears < rsears@weld . gov > ; Robert Burton < rburton@weld . gov > ; Stephanie Miller < 5miller2@weld . gov > ; Tyler Seno < tseno@weld . gov > Subject : RE : WS : Article V - Chapter 21 Oil & Gas Revisions Thank you , yes this looks good . Appreciate all your time and work on this in collaboration with my team . COUNTY , CO Brett A . Cavanagh , MBA Director Oil and Gas Energy Department Desk : 970 - 400 - 3579 1402 N 17th Ave , Greeley , CO 80631 0 X en • Join Our Team IMPORTANT : This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged , confidential or otherwise protected from disclosure . If you have received this communication in error , please immediately notify sender by return e - mail and destroy the communication . Any disclosure , copying , distriburion or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited . From : Esther Gesick < egesick@weld . gov > Sent : Wednesday , July 23 , 2025 2 : 24 PM To : Brett Cavanagh < ocavanagh & weici . gov > ; Esther Gesick < egesick@weld . gov > ; Bruce Barker < bbarker@weld . gov > Cc : Elisa Kunkel < _? kunkel@weld . gov > ; Kelly Holliday < kholliday@weld . gov > ; Oscar Fierro < ofierro@weld . gov > ; Rebecca Sears < rsears@weld . gov > ; Robert Burton < r burton@weld . gov > ; Stephar ie Miller < smiller2@weld . gov > ; Tyler Seno < seno@weld . gov > Subject : RE : WS : Article V - Chapter 21 Oil & Gas Revisions Hi Brett , Please review the proposed timeline below and let me know if you have any questions : 7 / 22 — BOCC Work Session 7 / 23 - 7 / 25 — CTB Draft Ord # 2025 - 12 7 / 29 - 7 / 31 — CTB Read to Audio 8 / 11 - First Reading ( S . James - OUT) 8 / 12 — Draft Notice 4 8 / 14 — Send to newspaper ( Submit early due to size , published in entirety) 8 / 20 — Published 9 / 1 — Holiday ( County Closed) 9 / 8 — Second Reading (J . Maxey — OUT) 9 / 9 — Draft Notice 9 / 11 — Send to newspaper 9 / 12 - Published 9 / 22 — Third / Final Reading 9 / 28 — Draft Notice 9 / 24 — Send to newspaper 9 / 2E — Published 10 / 1 — Effective COUNTY, CO Esther E . Gesick Clerk to the Board Desk : 970 - 400 - 4226 Cell : 970 - 302 - 7415 P . O . Box 7E8 , 1150 0 St . , Greeley , CO 80632 0X ® o Join Our Team MPORTANT : This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged , confidential or otherwise protected from disclosure . If you have received this communication in error , please immediately notify sender by return e - mail and destroy the communication . Any disclosure , copying , distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited . From : Brett Cavanagh < bcavanagh@weld . gov > Sent : Wednesday , July 23 , 2025 7 : 44 AM To : Esther Gesick cJgesic ► @iweld . go > Cc : Elisa Kunkel < kunke @weld . gov > ; Kelly Holliday < kholliday@weld . gov > ; Oscar Fierro < ofierro@weld . gov > ; Rebecca Sears csearsweld . gov > ; Robert Burton < , burton@weld . go > ; Stephanie Miller cmiller2@weld . gov > ; Tyler Seno < c) enn a welc . Roy > Subject : RE : WS : Article V - Chapter 21 Oil & Gas Revisions Thank you Esther Mondays will probable be better than Wednesday as we have ECMC hearings on Wednesdays . We will make those few changes and I will provide a comparison . Thanks , 5 COUNTY , CO Brett A . Cavanagh , MBA Director Oil and Gas Energy Department Desk : 970 - 4001- 3579 1402 N 17th Ave , Greeley , CO 80631 X ® ® o Join Our Team IMPORTANT : This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged , confidential or otherwise protected from disclosure . If you have received this communication in error , please immediately notify sender by return e - mail and destroy the communication . Any disclosure , copying , distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited . From : Esther Gesick < egesick@weld . gov > Sent : Tuesday , July 22 , 2025 6 : 07 PM To : Brett Cavanagh < bcavanagh@weld . gov > ; Esther Gesick < egesick@weld . gov > Cc : Elisa Kunkel < ekunkel@weld . gov > ; Kelly Holliday < kholliday@weld . gc > ; Oscar Fierro < ) fierro@weld . gtA > ; Rebecca Sears < rsears@weld . goti > ; Robert Burton cburton@weld . gov > ; Stephanie Miller < smiller2@weld . go \, > ; Tyler Seno < tseno@weld . gov > Subject : RE : WS : Article V - Chapter 21 Oil & Gas Revisions Hi Brett , Yes , I ' m on page 53 of 83 of the condensed Ordinance formatted version of the original 103 pages of track changes submitted . Once I get your finale compare version with the follow - up revisions discussed with the BOCC today , I ' ll get those incorporated and should have it ready for you to review by the end of the week . As I work on slating a timeline , are there any known Monday / Wednesday dates in the next 6 - 8 weeks that I should avoid for your schedule ? COUNTY , CO Esther E . Gesick Clerk to the Board Desk : 970 - 400 - 4226 Cell : 970 - 302 - 7415 P . O . Box 758 , 1150 O St . , Greeley , CO 80632 0X ® ® o Join Our Team MPORTANT : This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged , 6 confidential or otherwise protected from disclosure . If you have received this communication in error , please immediately notify sender by return e - mail and destroy the communication . Any disclosure , copying , distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited . From : Brett Cavanagh < hcavanagh@weld . gov > Sent : Tuesday , July 22 , 2025 1 : 31 PM To : Esther Gesick < =2gesicKgweld . go > Cc : Elisa Kunkel < Pkunkel@weld . gv > ; Kelly Holliday < khollidayrweld . Euv > ; Oscar Fierro < ofierro@weld . gov > ; Rebecca Sears < r - sears@weld . gov > ; Robert Burton < r - burton@weld . gov > ; Stephanie Miller < smiller2@weld . gov > ; Tyler Seno < , seno@weld . gov > Subject : RE : WS : Article V - Chapter 21 Oil & Gas Revisions Esther , Can we get this scheduled for first reading ? Appreciate all you have done . Thanks , COUNTY , CO Brett A . Cavanagh , MBA C irector Coil and Gas Energy Department C esk : 970 - 400 - 3579 1402 N 17th Ave , Greeley , CO 80631 0 X EN 0 Join Our Team MPORTANT : This electronic transmission and any attached documents or other writings are intended only for the person or entty to which it is addressed and may contain information that is privileged , confidential or otherwise p - otected from disclosure . If you have received this communication in error , please immediately notify sender by return e - mail and destroy the communication . Any disclosure , copying , distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited . - - - - - Original Appointment From : BOCC < BOCC@weld . gcp / > Sent : Monday , June 30 , 2025 8 : 27 AM To : BOCC ; Perry Buck ; Scott James ; Kevin Ross ; Jason Maxey ; Lynette Peppier ; Bruce Barker ; Karin McDougal ; Matthew Conroy ; Jennifer Finch ; Cheryl Pattelli ; Jill Scott ; Brett Cavanagh ; Esther Gesick ; David Eisenbraun ; Curtis Hall Cc : Karla Ford ; Public Meetings and Hearings ; Don Dunker ; Duane Naibauer ; Evan Pinkham ; Sharon Benson ; Amy IV utchie ; Lyncsay Holbrook ; Daniel Holmes ; CODA Regulatory Affairs ; MajorA@api . org ; Ramaker , Erin ; Waters , Tammy ; Elisa Kunkel ; Kelly Holliday ; Oscar Fierro ; Rebecca Sears ; Robert Burton ; Stephanie Frederick ; Tyler Seno ; Shea Kauffman ; Bryan Freeman ( bt@nraineopco . corn ) ; jteeters@bisonog . corr ; Bryce Maifeld ; Rachel Milne ; kgillengbisonop . com ; Miracle Pfister ; Sydney Smith ; aperkins@adcogov . or_g ; Gregory Dean ; Grant Tupper ; Wesley LaVanchy ; Scott Moser ; Greg Brinck ; Juanicorena , Tisa ; Joseph Schultz ; Wagoner , Cody ; shawn . bates@tallgrass . com ; Lang , Dawn ; Justin Garrett ; Stephen Mille ; Jeff Annable ; Dawn Anderson ; Jordan Cashwell ; Cheryl Powell ; Julie Murphy - DNR ; natalie . delacroix@lamprynearson . com ; Lytle , Andy ; Coiling , Tracy ; Seastrom , Ryan A ; Wells , Matt ; Shani Porter ; csims@evanscolorado . gov ; Matt Canterbury ; Michael Palizzi ; Hagenlock , Lewis D ; Van der Vieren , David ; hen . frissell@state . co . us ; Lynn Granger ; Ryan Steadley ; Caree Rinebarger ; Baker Geist ; John Piekara ; Aaron Maurice ; Dan Campbell Subject : WS : Article V - Chapter 21 Oil & Gas Revisions When : Tuesday , July 22 , 2025 11 : 00 AM - 12 : 00 PM ( UTC - 07 : 00 ) Mountain Time ( US & Canada ) . Where : Pawnee Conf Rm / Virtual Requested by Brett Cavanagh , approved by Commissioner Ross Updated document attached 7 . 15 . 25 2n ` ' Updated document attached 7 . 21 . 25 Microsoft Teams Need help ? p _ . loin the meeting now Meeting ID : 214 962 477 209 1 Passcode : te7xi2xg Dial in by phone + 1 720 - 439 - 5261 „ 145237055 # United States , Denver Find a local number Phone conference ID : 145 237 055 # For organizers : Meeting options Reset dial - in PIN 8 ARTICLE V Guidelines and Regulations for Oil and Gas Exploration and Production in the Unincorporated Area of Weld County ( Designated as Mineral Resource Area of State Interests 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 0 + I e1- Ga-c Locations and nifaad - Gas - 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 BOCC 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 . 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 N a 6a Location . Ag - Rural Planning Area : means the unincorporated area of Weld County as described in Section 21 - 5 - 210 of this Article V . Appellant : means the Applicant , or any Person or property owner within the 1041 WOGLA Zone . Applicant : means the pPerson or entity who applies fora 1041 WOGLA Permit . The Applicant may be referred to herein as the " 104 W9GLA + Aefniittee © f " 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 " r aseApplication " . Application for intervention : means an -application 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 . AQCC : means the Colorado Air Quality Control Commission . Authority Having Jurisdiction ( "AHJ ") : means any other entity which may have jurisdiction over a certain area or may own or operate certain features interests affected by the Application . Certain examples may include the State of Colorado , municipalities , metro districts , or ditch companies . Barrel : mears 42 ( U . S . ) gallons at 60 ° F at atmospheric pressure . Best Management Practices ( " BMPs ") : means practices that are designed to prevent or reduce impacts caused by Oil and Gas Operations car 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 . Board of County Commissioners : may also be referred to herein as " BOCC " or " Board " . Building Unit ( " BU ") : means a Residential Building Unit , as defined in this Article V , and any bundling - loaf- is - used - - sui eras - - ipes tnat - severy five thousand (5 , 000 ) square feet of floor area in commercial facilities or every fifteen thousand ( 15 , 000 ) square feet of building floor area in warehouses that are operating and normally occupied during working hours . Page 1of76 CDPHE : means the Colorado Department of Public Health and Environment . 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 i ; 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 - 31 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 . Classified Water Supply Segment : means perennial or intermittent streams , which are surface waters classified as being suitable or intended to become suitable for potable water supplies by the Colorado Water Qua ity Control Commission , pursuant to the Basic Standards and Methodologies for Surface Water Regulations ( 5 C . C . R . 1002 - 31 ) . 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 . Closed Loop System : means a mechanical system that separates liquids and solids during drilling operations to e liminate the need for , eserve i ' its . Completed Well : means a Well in which oil , gas , or Geothermal Resources are produced through wellhead e quipment from the producing interval ( s ) after the production stringy has been installed . CO2 : means carbon dioxide ( CO2 ) , nitrogen ( N2 ) , oxygen ( 02 ) , 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 Pore Space , and any combination of these substances . Completion : means an Oil Well shall be considered completed when the first new oil is produced through wellhead e quipment into lease tanks 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 oe 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 on a 1Ale5 - }, ssetwete drilt + hg, that are - - necessa - to prepare - ar restimuiate the Wett(s ) - fa : - C p " let ion - © peratiohs4h- lode , - : • - - : - : - : • - : • : : - _ May also be referred to herein as " Completing " . Comprehensive Development Plan ( " CDP ") : means a plan covering future Oil and Gas Operations in a defined geographic area within a geologic basin . Conditions of Approval ( " COA "1 : means those conditions applied to a 1041 WOGLA Permit by the OCED Director or Hearing Officer . Construction Phase : means all those activities related to the site construction , drilling and well comp etion that occur prior to interim Rfeclamation being performed in accordance with Section 21 - 5 - 55 -5- 464 of this Code . Construction Phase does not include activities such as surveying , staking , etc . Container : means any portable device in which a hazardous material is stored , transported , treated , disposed of , or otherwise handled . Examples include , but are not limited to , drums , barrels , totes , carboys , and bottles . CPW : means Colorado Parks and Wildlife . Page 2of76 Crop Land : means lands which are cultivated , mechanically or manually harvested , or irrigated for vegetative agricultural production , excluding range land . 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_. 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 . 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 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 an 011 ancl-6a 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 . Development Area : means the subsurface area in which an Operator intends to inject permitted substances or extract oil , gas and other resources # fom . Drilling Fluid : means the fluid mixture of water , mud , oil , and chemicals used to lubricate the drill bit during drilling operations . eifesla = + or -P +ts - -and - water storage- Pi -ts , Gage 3 of 76 4 — es rye Rite i ised- itT stcwe-d { "- illi t ' d ? ief-uJ { } tfthg - Q t-inrtt' a' ieiStia -Wastegenratecl - • • • • • . - - - MIS - . . - . - 00 - ECMC : means the Energy and Carbon Management Commission . Enhanced Recovery : means a technique of recovering additional oil and gas from a mineralized zone by injecting fluids or gases in an effort to force more of the hydrocarbons to a Well . EPA : means the Environmental Protection Agency . ns- a -rhan - made` 4epression- in-the - grow hat is quids - - duf+ ng-an - initial-phase Exploration and Production Waste ( " E & P Waste ") : means those wastes associated with operations to locate or remove oilier 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 hose 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 . IFacility ( 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 spools . Financial Assurance : means a surety bond , cash collateral , certificate of deposit , letter of credit , sinkiig fund , escrow account , lien on property , security interest , guarantee , or other instrument or method in favor of and acceptable to the OGED Director . The term encompasses general liability insurance . 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 Completion , either in preparation for a subsequent phase of treatment or in preparation for cleanup and placing tie Well into production . The term Flowback also means the fluids and entrained solids that emerge from a Well during the Flowback processkouict . ered ihrnfira844-Factt } ftf? b kst- returns to the surface after fsinf injected into the -farrnation . 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 Cc mmission regulated Gathering Line or a segment of pipe transferring Produced Water or Geothermal Resources between a wellhead and the point of disposal , discharge , of loading , _ or use . This 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 : . 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 precondhioning equipment such as sand traps and line heaters , which do not materially reduce line pressure . I H 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 : 1A . Production Line : A Flowline connecting a separator to a meter , LACT , or Gathering Line ; 2B . 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 ; Page 4 of 76 . 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 40 . 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 . Geottermal 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 . 3eothermal 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 . Off- Location Flowline : A Flowline transferring produced fluids ( crude oil , natural gas , condensate , Produced Water , Geothermal Resources , or Geothermal FuildO ) from an - Oitar} d` -Gat Location to a Production Facility , injection facility , Pit , or discharge point that is not on the same 9T - and - Gaf, Location . This definition also ircludes Flowlines connecting to gas compressors or gas plants . . Peripteral Piping : A Flowline that transfers fluids such as fuel gas , lift gas , instrument gas , or power fluids between /Litt ClIcr Facilities for lease use . • . Produced Water Flowline : A Flowline on the PitancU;ac 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 . Fresh Water: means water currently being used as drinking water or having a total dissolved solids ( TDS ) concentration of less than ten thousand ( 10 , 000 ) milligrams per liter ( mg / I ) . contains Fresh Water used for drilling or H • . • : : : • . ions - 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 - 31 / . , below . To be considered a Future School Facility , the - ollowing requirements must be satisfied : For public , non - charter Schools , the School Governing Body must affirm the nature , timing , and location of the Future School Facility in writing ; or i 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 - 315437 , below , and the School Governing Body must affirm the nature , timing , and location of the Future School Facility in writing ; or For private Schools , the School Governing Body must be registered with the Office of the Colorado Secretary of Stata at the time it receives a 1041 WOGLA Permit notice pursuant to Section 21 - 5 - 31 - , 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 Facility : means those facilities that process or compress natural gas after production - related activities which are conducted at or near the wellhead and prior to a point where the gas is transferred to a carrier for transport . 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 Eenhanced ecovery of native hyerocarbons shall not affect its status as a Gas Storage Well . Page 5 of 76 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 " ) . Gathering Line : means a gathering Pipeline or system as defined by the Colorado Public Utilities Commission , Regulation No . 4 , 4 C . C . R . 723 - 4901 , Part 4 , ( 4 C . C . R . 723 - 4901 ) or a Pipeline regulated by the U . S . Department of Transportation Pipeline and Hazardous Materials Safety Administration pursuant to 49 C . F . R . Section 195 . 2 or 192 . 8 . 49 C . F . R . Section 195 . 2 or 192 . 8 and 4 C . C . R . 723 - 4901 in existence as of the date of this regulation and does not include later amendments . 49 C . F . R . Section 195 . 2 or 192 . 8 and 4 C . C . R . 723 - 4901 . Additionally , 49 C . F . R . Section 195 . 2 or 192 . 8 may be found at https : / / www . phmsa . dot . gov , and 4 C . C . R . 723 - 4901 may be found at https : / / www . sos . state . co . us . Geologic Sequestration : means the long - term containment of CO2 within Pore Space . Geothermal Act : means The Colorado Geothermal Resources Act , 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 infecting fluids approved for disposal , subsidence abatement , reservoir pressure maintenance , reservoir fluid augmentation , or circulation . Geothermal Pad Surface : means the portion of a Deep Geothermal Location that has an improved surface upon which Deep Geothermal Operations take place . Where Rules in the 1300 - Series of ECMC incorporate by reference rules from other series which use the term Working Pad Surface, the term Geothermal Pad Surface will be substituted for Working 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 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 apply to all vehicles with a payload capacity exceeding 2 , 000 pounds ( 1 - ton ) or any vehicle towing equipment . Temporary exceptions to the approved Haul Route during the Production Phase may be granted as approved by the OGED Director . 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 Page 6 of 76 operating Child Care Center as defined in Section 25 - 6 - 102 ( 5 ) , C . R . S . ; or multi - family dwelling with four or more units . High Priority Habitat ( " HPH ") : means the high priority wildlife habitat areas in Weld County identified in the 1200 series Rules of the ECMC . When considering HPH , OGED will utilize the most current , ECMC approved maps provided by CPW at the time of Application submit - al . HMWMD : means Hazardous Materials and Waste Management Division of the CDPHE . eef- tl e - sti - mt} preeess - : . • - - - . : : . ' : - Fractuf- iegatickincer pressure - tbat4s - expressly - - designed te - i • eitiate` aepr- epagate -# rages - - in - a - - tafget - - geologic • Hydraulic Fracturing Fluid : means the fluid , including the applicable base fluid and all hydraulic fracturing additives , used to perform a Hydraulic Fracturing Treatment - esed-taai + c Fracturing . 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 . Impacted Area for an OGSEF : means that area within the approved OGSEF where solar arrays are located , including any necessary electrical and / or transmission equipment . 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 through a Class VI Well , and which includes the Pore Space . Land Application : means the disposal method by which E & P Waste is spread upon or sometimes mixed into soils . Land Treatment : means the treatment method by which E & P Waste is applied to soils and treated to result in a reduction of hydrocarbon concentration by biodegradation and other natural attenuation processes . Land Treatment may be enhanced by tilling , disking , aerating , composting and the addition of nutrients or microbes . Lease Automated Custody Transfer ( " LACY ") : means the transfer of produced crude oil or condensate , after processing or treating in the producing operations , from storage vessels or automated transfer facilities to Pipelines or any other form of transportation . 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 - 1401 to 32 - 1 - : 807 ( 20 . ' 1 ) C . R . S , which is located within two thousand ( 2 , 000 ) feet from the areas Location . Local Governmental Designee ( " LGD ") : means the Person or office designated to receive , on behalf of the Local Government , copies of all documents required to be filed with the LGD pursuant to these rules . 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 . Mineral Owner : means the person who has the right to drill into and produce from a pool and to appropriate the oil or gas produced therefrom either for such owner or others or for such owner and others , including owners of a Well capable of producing oil or gas , or both . 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 , including cumulative impacts where practicable . 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 . Page 7 of 76 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 . - • • • - a e • 9 e : : • - • • : • • - - e : € &P-Wastes generated fro - more- than - oneae that - w + fl - be rouse - - f r - no - ram-than three ( 3 ) years Near - Urban Planning Area : means the unincorporated area of Weld County as described in Section 21 - 5 - 210 of this Article V . N on - Crop Land : means all lands which are not defined as Crop Land , including range land . O GED : means the Weld County Oil and Gas Energy Department . OGED Director : means the Director of the Weld County Oil and Gas Energy Department , or their designee . 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 , of processing of crude oil , condensate , E & P Waste , and gas . , Enhanced - Recovery , s- to ; age , O • disposai exclud + rig- Pipelff } e - - Pet- roleimmRr- odo £ ts , as - c# efined ` - in - Art+ c- le Vl . _ • - - : - a _ it a • • - - • • _ a . - a . • • • • a . to , tanks , separators , combustion devices , LACT . . - - - • fined - i -SeFtior}43 -wwhich are used solely for site security a - nchmoniter+ r} g - rpos asF- ac- ifi -t- y Oil and Gas Facility may also be referred to herein in certain circumstances synonymously as " Facility " . Oil and Gas Location : means a definable area where an Operator has disturbed or intends to disturb the land surface to locate a Well and / or an Oil and Gas Facility . This definition is not inclusive of access points or access roads . Oil and Gas Location may also be referred to herein in certain circumstances synonymously as " Disturbance Area " or " Location . " Oil and Gas Operations : means exploration for and production of oil and gas , including , but not limited to , conducting seismic operations and the drilling of test bores ; siting , drilling , Completing , deepening , recompleting , reworking , injection of fluids for Enhanced Recovery , or abandoning a Well ; operations related to any Well , including installing Flowlines ; the generating , transporting , storing , treating , or disposing of E & P Waste ; and any constructing , site preparing , or Reclamation activities associated with such operations . Oil and Gas Solar Energy Facility ( " OGSEF ") : means a-faeil +tyequipment whose primary purpose is to supply e lectricity to the Oil and Gas Location and consists of one or more solar arrays and other accessory structures and e quipment . The OGSEF shall be no more than ten ( 10 ) acres in size , and shall be contiguous to , as wel as considered part of , the Oil and Gas LocationFacility . Submittal requirements and preeedt r for - a - pprevaland o peration of OGSEF ' s are contained in t " _ • • A - - Section 21 - 5 - 320 . . . • - • . . . . • . - • • . - • . . . • facle condensate , or other E8r - • , • • - - • . • - • e drilling- fluids ; - anct sludge - - thatentain- hydroearbons, Oil Well : means a Well , the principal production of which at the mouth of the Well is oil , as defined by the Act . 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 O perator may bean Applicant fora 1041 WOGLA Permit . The Operator may be referred to herein as the " 1041 WOGLA Permittee " or " Applicant . " Operator Registration : means the process by which a Person , company or other entity has registered with O GEDs i ed - on - Aperator- - - Registration to the OGED Director . Operator Registration shall be completed annual ✓ ia erg athe online form on the provided by 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 . Page 8 of 76 Overlay Zoning Districts : when used in this Article V , shall have the same meaning as the definition included in Section 23 - 90 . Person : means any natural person , corporation , association , partnership , receiver , trustee , executor , administrator , guardian , fiduciary , or other representative of any kind . Pipeline : for this Article V , means a Flowline , crude oil transfer line or Gathering Line as defined herein . 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 4es14-Water kits , 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 : 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 ana 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 . B . 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 ponds 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 , 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 . i . 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 : 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 cil which may settle to the bottoms of Tanks or production vessels and which may contain residual oil . = ; . Workover Pits used to contain liquids during the performance of remedial operations on a producing Well to increase production . Dage 9 of 76 5 Plugging Pits used for containment of fluids encountered duringthe plugging process . Planning Areas : means both the Ag - Rural and Near - Urban Planning Areas . Plugging and Abandonment ( " P & A ") : means the eemeating - permanent plugging of a Well , the removal of its associated Production Facilit , , the abandonment of its Flowline ( s ) , and the Remediation and Reclamation of the \Noll Soy . Point of Compliance : means one ( 1 ) or more points or locations at which compliance with applicable - egulatory 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 . Pollution : means man - made or man - induced contamination or other degradation of the physical , Chemical , biological , or radiological integrity of air , water , soil , or biological resource . Pore Space : means the strata , subsurface , and geologic formations underlying the Class VI Well , which can be used as storage space for CO2 , limited to the formations stratigraphically overlying and underlying the injection zone ( s ) . 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 . Production Facility : means equipment or improvements used or installed at air - 011 Gas Location for any storage , separation , treating , dehydration , artificial lift , power supply , compression , pumping , metering , monitoring , Flowline1 _ and other equipment directly associated with a Well . Production Phase : means all those activities on an. 04 and - Gas 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 - 5 -55 . c of this Article V . means - a - - rnachrnade - depression - in - - - graund - N at is fined - -w t per ea # le substage -wi} ieh - is used after dr . - - • - • - a a - - - a PIMP • = - - . _ - . . • • ffner discharge . _ • • • • - • • • . : • • : - tyre •• : . • : • • • • • _ . : e • used - £$ : • • • 2 : - a : - . • . : : . _ • : • • • • : : • • • • freFfi crude - - ei con ensate $ c-fatural• as - - attec - e4 ac >tion ; 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 &a -ats' fractures once the treatment is completed - the for- matien - dttfiag CompletiewefrefatienS . 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 Page 10 of 76 landowner specifications . Reclamation may be interim or final as set forth in Sections 21 - 5 - 555464 and 21 - 5 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 air Deep Geothermal Operations , if that is the desired final Reclamation ; or ( 2 ) another location that is undisturbec by Oil and Gas Operations or Deep Geothermal Operations and proximate and similar to a proposed Oitand - Gaslocation 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 . Release : means any unauthorized discharge of E & P Waste to the environment over time . 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 concentration levels in Appendix 21 - A of this code and other applicable H round . ater standards and classifications . Remote Location : means a Location where there are no sensitive receptors ( e . g . Building Units , High Priority Hab tars , or Designated Outside Activity Areas ) that are located within 1 . 0 mile ( 5 , 280 ft . ) , a remote location maw otherwise be determined by the OGED Director based on existing topographical , geographical , and other factors . Reseniefiits;-means4144as-e- Pits used4o tere drilling € id -s for use + n + tling - opera ns - of- Aeco t - € &- P- -N ast- e 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 suci 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 . Riser : means the component of a Flowline transitioning from below grade to above grade . School : mea is any operating Public School as defined in Section 22 - 7 - 703 ( 4 ) , C . R . S . , including any Charter School as defined it Section 22 - 30 . 5 - 103 ( 2 ) , C . R . S . , or Section 22 - 30 . 5 - 502 ( 6 ) , C . R . S . , or Private School as defined in Section 22 - 315 - 103 ( 6 . 5 ) C . R . S . School Facility : means any discrete facility or area ( property ) , whether indoor or outdoor , associated with a School , that students use commonly as part of their curriculum or extracurricular activities . A School Facility is either adjacent to or owned by the School or School Governing Body , and the School or School Governing Body has the legal right to use the School Facility at its discretion . The definition includes Future School Facility . 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 principa or senior administrator of a School that is in proximity to the proposed r) 44- aed - G s 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 suppl / ) wellhead protection areas , areas within one - eighth ( A ) mile of a domestic water Well , areas within one - quarter V . mile of a public water supply Well , lc round ater basins designated by the Colorado Ground Page 11 of 76 Water Commission , and surface water supply areas are Sensitive Areas . When the Operator or OGED Director has data that indicate an impactor threat of impact to ground water or surface water , the OGED Director may require the Operator to make a Sensitive Area determination and 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 round V ,v , . ater and surface water , such as soil borings , monitoring Wells , or percolation tests that demonstrate that seepage will not reach underlying Gground ' 1 . ater 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 adegJate 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 21ff 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 . Solid Waste : means any garbage , refuse , sludge from a waste treatment plant , water supply plant , air pollution control facility , or other discarded material ; including solid , liquid , semisolid , or contained gaseous material resulting from industrial operations , commercial operations , or community activities . Solid Waste does not include any solid or dissolved materials in domestic sewage , or agricultural wastes , or solid or dissolved materials in irrigation return flows , or industrial discharges which are point sources subject to permits under the provisions of the Colorado Water Quality Control Act , Title 25 , Article 8 , C . R . S . or materials handled at facilities licensed pursuant to the provisions on radiation control in Title 25 , Article 11 , C . R . S . Solid Waste does not include : ( a ) materials handled at facilities licensed pursuant to the provisions on radiation control in Title 25 , Article 11 , C . R . S . ; ( b ) excluded scrap metal that is being recycled ; or ( c ) shredded circuit boards that are being recycled . Solid Waste Disposal : means the storage , treatment , utilization , processing , or final disposal of Solid ' Nastes . • 2 : laraits used exclusively -forMar+ ng gas : Basic -t- o- -tempera y - stare - or treat -the - extranee•usA atefials- + 4 -crude - $ il ie duE ion- Rlugginnits - u • sechfocE tai ent- ef -fluids - efeeuntefechdocing - e - pluggingprecess Spill : means any unauthorized sudden discharge of E & P Waste to the environment . Spud : means to - star4- theAAleil drill + og - proce ,cult ; a roateciai - with - - the rill : : itthe initiation of drilling the surface casing hole of a Well . Stormwater Runoff: means rain or snowmelt that flows over land and does not percolate into soil and includes stormwater that flows onto and off an-8i-kand - Gas Location or 9 + 1 - a - - F Facility , being more specifically defined in Chapter 8 of this Code . stratigraphic Well : means a Well drilled for stratigraphic information only . Wells drilled in a delineated Field to known productive horizons shall not be classified as " stratigraphic . " Neither the term " Well " nor " stratigraphic Well " shall include seismic holes drilled for obtaining geophysical information only . s he - acesysedby - the - Opefaterto - fequest- pro of pfeposed- a endmeats- en - any - 944 • : _ . _ . _ . , . . - : Mif+ efal lie - . - ! - - - - . . - • . . : : - _ - II - 11 " 1 / 111 . _ art . . . 11 Page 12of76 Surface Owner : means any person currently owning all or part of the surface of land upon which Oil and Gas Operations ) r _ _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 Goveriment 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 propertywitNn - the011 and Gas L- eeat- it . Surface Water Intake : means the works or structures at the head of a conduit through which water is diverted from a Classified Water Supply Segment and / or source ( e . g . , river or lake ) into the treatment plant . Surface Water Supply Area : means the Classified Water Supply Segments within five ( S ) stream miles upstream of a Surface Water Intake on a Classified Water Supply Segment . Surface Water Supply Areas shall be identified on the Public Water System Surface Water Supply Area Map ( ECMC Appendix VI ) . Tank : means a stationary vessel constructed of non - earthen materials ( e . g concrete , steel , plastic ) that provides structural sLpport and is designed and operated to store produced fluids or E & P Waste . Examples include , but are not limited to , condensate Tanks , crude oil Tanks , Produced Water Tanks , and gun barrels . Exclusions include containers and process vessels such as separators , heater treaters , free water knockouts , and slug catchers . Temporary : means a period of six ( 6 ) months or less . Turn - in - Line : means a Ww - ell turned to sales , and may also be referred to herein as " TIL . " USDA : mears the United States Department of Agriculture . Use : means any purpose for which a structure or a tract of land may be designed , arranged , intended , maintained or occupied ; also , any activity , occupation , business or operation which is carried on in or on a structure or on a tract of land . The term may also be referred to herein as " Land Use " . • . . _ • • - Well : means a Deep Geothermal Well , an Oil Well or Gas Well , a Class II UIC Well , a Geothermal Injection Well , a Class VI Well , = • • • • • - • • • • = . ' • ' • • • far-wreeserrof- clispossfe-r-EnhancettRecoyery a Stratigraphic Well , a Gas Storage Well ; or a Well used for the purpose of monitoring or observing a reservoir . A . Class VI Well : means a Well that is used for injecting CO2 for geologic sequestration as further defined in EPA Regulation 40 CFR § 146 . 81 . B . 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 . Oil and Gas Well : means a hole drilled for the purpose of producing oil or gas ( including non - hydrocarbon gases such as Carbon Dioxide and Helium ) . Well Site : means the areas that are directly disturbed during the drilling and subsequent operation of , or affected by , _ . : _ . - Si Production Facilities directly associated with any Well and its associated Well pad . 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 mgration 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 " . Page 13 of 76 Working Pad Surface : means the portion of a Location that has an improved surface upon which Oil and Gas Operations take place . May also be referred to herein as " Hardscape " . WQCC : means Water Quality Control Commission of the CDPHE . WQCD : means Water Quality Control Division of the CDPHE . All other words used herein shall be given their usual customary and accepted meaning , and all words of a technical nature , or peculiar to the oil and gas industry , shall be given that meaning which is generally accepted in said oil and gas industry . 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 , F3 + f - a Facilities , and Ott - & astocation 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 Gil and Gads Location ( including School Facilities and Child Care Centers within two thousand ( 2 , 000 ) feet of the 9 + nd - Gas- Location ) . The 1041 WOGLA Permit is designed to protect and promote the health , safety , and welfare of Weld County ' s citizens , environment , and wildlife . B . A 1041 WOGLA Permit is required after August 5 , 2019 , for the construction of a Well Site , an Oil -and-Gas Facility , and / or anand - G , a5 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 mace to the Location pursuant to Section 21 - 5 - 360355 . B . C . No Well Site , 044 and - Gas Facility , and / or € 1• - and - Gas Location shall be constructed in any zone cistrict 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 new0 - and - Cs4Location , meaning surface disturbance at a previously undisturbed or fully I . eclaimed site ; 2 . Surface disturbance for purposes of permanently expanding an existing OThand Gas Location beyond the originally disturbed area ; and 3 . Major changes to an existing 044 -a - nci - G,3 Facility or OThend_ - Gas Location as outlined in Section 21 - 5 - D . No 1041 WOGLA Permit shall be required for : 1 . Ana- a- nd 1_; 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 -Sundry to OGED for determination if a 1041 WOGLA Permit is required . See Section 21 - 5 - 360355 . 2 . Refracs , recompletions , or routine Well Site operations , including , but not limited to , swabbing , workovers and normal repairs and maintenance of an existing - 4,and - Gas Facility . Like kind replacement of equipment would be considered routine Well Site operations . 3 . Surface disturbance at an existing , 4and G &, Location within the original disturbed area which does not have the effect of permanently expanding the Gti - and -Gat, Facility or the • Location . 4 . Repairs or maintenance of a Gt + fand - - Gas Facility required by a state or federal compliance order . Page 14 of 76 5 . Facilities permitted , constructed , operated and maintained pursuant to Chapter 23 , Article II , Division 4 of this Code , including , but not limited to , Oil and Gas Support Service Facilities . However , other permits or agreements may need to be obtained for the activities listed above , including those permits or agreements listed in Section 21 - 5 - 320 . D . , as well as any applicable State or Federal permits . E . Changes of use , changes of equipment , or any other changes or modifications to an Gil - and - Gas Location or Facility located within the Weld Mineral Resources ( Oil and Gas ) Area shall submit documentation via the Sundry amendment Pprocess as outlined in Section 21 - 5 - 360355 . F . Any person or Operator filing an Application fora 1041 WOGLA Permit shall comply with the procedures and regulations set forth in this Article V . G . Any person or Operator filing an Application fora 1041 WOGLA Permit shall comply with Article V and Article XI of Chapter 23 of this Code if the proposal is located within any Overlay District Area or a Special Flood Hazari Area identified by maps officially adopted by the County . H . Applications fora 1041 WOGLA Permit shall be completed as set forth in Section 21 - 5 - 320 of this Article V . The completed Application and application fees shall be submitted to the OGED Director . The review , consideration and issuance of a 1041 WOGLA Permit a - • - : - - d 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 exploratioi 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 041 WOGLA - - RefrnitteeOperator to the OGED Director via electronic means . Sec . 21 - 540 . Relationship of 1041 WOGLA Regulations to other county , state , and federal eequirements affecting oil and gas exploration and production . A . Nothing in these 1041 WOGLA Regulations shall be construed as exempting an Applicant fora 1041 WOGLA Permi - from any other requirements of this County . B . As sta - ed 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 . Land Use ; 2 . — he location and siting of 0 and-G s- Facilities and C - aed - Gaslocations ; 3 . Impacts to public facilities and services ; 4 . Water quality and source , noise , vibration , odor , light , dust , air emissions and air quality , land disturbance , Reclamation procedures , cultural resources , emergency preparedness and coordination with first responders , security , and traffic and transportation impacts ; 5 . Financial securities , indemnification , anc insurance as appropriate to - ensurecomp4 + a e - - these 6 . All other nuisance - type effects of oil and gas development addressed in these 1041 WOGLA Regulations ; and 7 . Otherwise planning for and regulating the Use of land so as to provide planned and orderly Use of land and protection of the environment in a manner consistent with constitutional rights . Page 15 of 76 Because these 1041 WOGLA Regulations are written pursuant to the authorities granted to Weld County in the AASIA and specifically the express authorities set forth in Sections 24 - 65 . 1 - 202 and 24 - 65 . 1 - 402 , C . R . S . , to adopt guidelines and regulations governing oil and gas exploration and production in Weld County , to the extent these 1041 WOGLA Regulations are inconsistent with the regulations of the ECMC regarding any of the areas and topics regarding oil and gas exploration and production in Weld County listed above , these 1041 WOGLA Regulations control . C . Pursuant to Section 34 - 60 - 131 , C . R . S . , it is the intent of the Board of County Commissioners to regulate oil and gas exploration and production in Weld County cooperatively with the ECMC , deferring regulation of the areas and topics regarding oil and gas exploration and production not addressed in these 1041 WOGLA Regulations to the ECMC . Division 2 . Designation of Area of State Interest 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 044 i Location is situated . A . Ag - Rural Planning Area any unincorporated area within Weld County which is not in the Near - Urban Planning Area . 13 . Near - Urban Planning Area any unincorporated area within Weld County , which has one or more of the following characteristics : 1 . Is located within one ( 1 ) mile of a municipality ' s annexed boundary . 2 . Is located within an area served by a public water system or water district . Division 3 . 1041 WOGLA Permit Program for Oil and Gas Exploration and Production in the Weld Mineral Resource ( Oil and Gas ) Area 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 , OiLami-Gas Facility , and / or O + 1 - and - Gastocation 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 . The County may not issue a building permit for purposes of exploration or extraction of oil and gas within the Weld Mineral Resource ( Oil and Gas ) Area without the Applicant first having obtained a 1041 WOGLA Permit pursuant to these 1041 WOGLA Regulations . 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 CGED , pursuant to Section 21 - 5 - 50 above . 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 Page 16 of 76 meeting , f _ f a virtual meeting , e rorfi ail - e -xc on-fefehce - call , as determined by the OGED Director . The purpose of the pre - application meeting is to give the Applicant an opportunity to demonstrate , throu , ; h written and graphic information , how the ift - -ahel Gm, Location complies with the standards set forth in this Article V , while protecting the health , safety , and welfare of Weld County ' s citizens , environment , and wildlife . (one - ef - tThe primary reasons for the pre - application meeting is - are to discuss comprehensive plann ng : the pros and cons of alternative sites - and to satisfy the pre - application meeting requirements of the ECMC . The following shall be submitted to the OGED Director as part of the request fora pre - application meeting : 1 . Pre - Application Meeting Request . The pre - application meeting request shall be submitted by-the Appitc- , anten - thee- urcent: - torcasuppited -byelectronically 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 + i- af + d- -k, a Location siting . The drawing shall identify the DA for which the Wells on the :3i , 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 , overlay districts , = loodplains , floodways , subdivisions , city limits , county boundaries , and existing Oil and Gas Wells / infrastructure within the DA . In the case of an 0-if - an - Gas Location with no Wells , the WeII ( s ) producing to that Oil and Gas Location shall be identified . In the case of an location involving a Class VI Well , the DA shall be considered the Injection Zone . In the case of a Geothermal Well , the DA shall be - he 1041 WOGLA Zone . 3 . Proposed Haul Route map . The purpose of the Hhaul Rooute map is to identify the Applicant ' s desired route to and from the preferred Oil and Gas Location . The map shall identify the proposed Hhaul oute , from the preferred j + ka - r - 6a Location to the nearest County designated arterial roadway or state or federal designated highway , and indicate the desired new or existing access point . Additionally , the map shall indicate the direction of traffic distribut-i-oh-pereentage 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 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 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 foufteef } - twenty - one ( 1421 ) days of the submitted request . r # - the - Applicant is • . . - • • _ • • • - . - • • . • • . • - • • . • . a I • • . . • bleb is more than fourteen ( 14 ) days< -frem - the date of the + f -sub ittaf —T- he - OGEDDiFector- w l • - -wereit-44 eAppticant - - o - accom ada e -their requested dhte . At-tee - : - - . - . : : • . • - - - - as A : : . wa ea : - - ! D Director . 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 . Following the pre - application meeting , the Applicant shall send 1041 WOGLA notice to all required notice parties listed in Section 21 - 5 - 317 . The notice shall encompass any agreed upon changes resulting from the pre - application meeting . 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 . The Surface Owner ; Page 17 of 76 3 . Property owner ( s ) whose property boundaries are within two thousand ( 2 , 000 ) feet or less of the and Gas Location ( as determined by the Weld County Assessor ' s records at the time of notice ) ; 4 . The ECMC Director ; 5 . The CPW regional representative ; 6 . The LGD for Local Government ( s ) whose boundaries are within two thousand ( 2 , 000 ) feet or less of the 0 + 1- and - Gas 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 Oil-arid- Gas 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 Aapplication . 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 ' i4 and Gat-, Location . 2 . A general description of the proposed 04 -ancl - -Gas - - Facility , including the number of proposed Wells . 3 . Total disturbed acreage of the Q44 - a - 6 Location . 4 . The anticipated date operations will commence ( calendar quarter and year ) . 5 . A statement that the notice recipient may request a meeting to discuss the proposed Location with the Operator or the County . a . Both Operator and assigned OGED Regulatory Analyst ' s contact information shall be provided . 6 . A statement that the Applicant will consider reasonable mitigation measures proposed by the notice recipient to Minimize Adverse Impacts of the proposed 041 -4 as - Location . 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 tie Oil ano 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 o f the Oil and -Gas 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 n oted on the map . b . Haul Route map . The purpose of the Hliaul Ri oute map is to identify the Applicant ' s desired route to and from the preferred Gil-and- Gas Location . The map shall identify the proposed Hhaul P,, oute , from the preferred Oi ; and Gas Location to the nearest County designated arterial roadway or state or federal designated highway , and indicate the desired new or existing access point . Additionally , the map shall indicate the traffic distribution percentage when traffic reaches the arterial roadway or highway . This drawing shall label all traveled County and private roads , indicating whether they are paved o r gravel , and shall identify any local towns , Schools , School Facilities , Future School Facilities and / or Child Care Centers in which the Haul Route passes . 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 Page 18 of 76 notice parties may waive their right to be noticed , in writing , at any time . The Operator shall provide evidence of this wavier - o OGED , if requestedree - • - : • - • - • - - • - • - . ' : - - • • ' _ ' or other agreement with - the Operator - efrn- written - request to the - OGED - - 0 + fec-ter . Sec . 21 - 5 - 320 . Application requirements for 1041 WOGLA Permit . A 1041 WOGLA Permit Aapplication shall be submitted to the OGED Director for processing and determination of whether the Aapplication is complete and in compliance with the requirements of this Section . The following shall be submitted as a part of the . 1, pplication : A . Weld County Oil and Gas Location Assessment Application . A 1041 WOGLA Permit , 'a pplication shall be submitted electronically to the OGED Director . 1 . application . A 1041 WOGLA Permit A pplication on the current form supplied by OGED , shall be fully completed and executed by the Applicant . If an authorized legal agent signs the ‘ \ pplication on behalf of the Applicant , evidence of a power of attorney or other authorization must be provided . 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 - 3117 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 :31- a + - as Location will be located . This form demonstrates that the Operator and Surface Owner have agreed to the 34.1 - ar a5 Location . if no SUA or of afiable - a - t e - et crPP ^ cv , statemen -t - th-at- he - ; enather agf- ecment egotiat-iens - afe - -tak -place and the Applicant is willing to - pr ity - as _ - set- € orth in Section 21 5 325 of this Article V 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 04 nd - Gas Location is sited , an authorization form executed by the Surface Owner ( s ) must be provided . If a copy of the SUA is provided with the application , then the SUA ' s grant of access to the site fulfills the requirement of providing an authorization form . S . Required Information . The Applicant shall provide site - specific Best Management Practices ( BMPs ) i lustrating 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 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 aA statement which explains that the Aapplication complies with Article V and Article XI of Chapter 23 of this Code if the- wand - - Gas - hocatien is - wit-h- lay Districtarea - tea peciat - l° aza rd -Area Page 19 of 76 b . A thorough explanation of the Site Analysis the Applicant has performed for the 044 - -acid - Gas Location , as supported by the DA drawing described in Section 21 - 5 - 32013 . 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 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 : Building Units , High Occupancy Building Units , hospitals , Schools , churches , Sensitive Areas , High Priority Habitats , local government boundaries , and water resources including lakes , ponds , rivers , and ditches . c . BMPs and a narrative which explains how the Applicant will comply with the Development Standards set forth in Division 4 of this Article V and any applicable state and federal regulations . d . A narrative describing plans for interim and final Reclamation . e . A traffic narrative for the 014-a - Gas Location addressing operations for construction , drilling , and completions , shall include the following information : I i . 1 ) The number of roundtrips / day ( Roundtrip = 1 trip in and 1 trip out ) expected for each vehicle type ( size and weight ) . ii . 23 The expected HMaul outes for the vehicles . iii . 33 The travel distribution along the routes ( e . g . 50 % of traffic will come from the north , 20 % from the south , 30 % from the east , etc . ) , including vehicle type ( size and weight ) . iv . 44 The time of day when the highest traffic volumes are expected , based on the vehicle type . B . Attachments . The following shall be attached to the application : 1 . Haul Route Mop . The purpose of the Hhaul I ; oute map is to identify the Applicant ' s desired route to and from the preferred _ 3 + sand - Gas Location . The map shall identify the proposed H aul Houte , from the preferred a+l- s - Location to the nearest County designated arterial roadway or state or federal designated highway , and indicate the desired nem( istme access point . Additionally , the map shall indicate the direction of traffic • : - • • 4. when traffic reaches the arterial roadway or highway . This drawing shall label all traveled County and private roads , indicating whether they are paved or gravel , and shall identify any local towns , Schools , School Facilities , Future School Facilities and / or Child Care Centers in which the Haul Route passes . 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 OTha-n4 --Gris - Location siting . The drawing shall identify the DA for which the Wells on the Oil-nand Gas- Location are intended to produce , and the preferred and alternative sites the Applicant has considered , or that were discussed during the pre - application meeting . This drawing shall include , but not be limited to , all property lines , geologic hazards , airport overlay district , floodplains , floodways , subdivisions, city limits , County boundaries , and existi_ _ � _Oil and Gas Wells / infrastructure within the DA . In the case of an - 9 + 4 - a4444- 6as Location with no Wells , the Well ( s ) producing to that Oil and - Gas- Location shall be identified . In the case of a Location involving a 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 . Page 20 of 76 3 . Location Photos . A minimum of four ( 4 ) color photographs of the staked location , one ( 1 ) from each cardinal direction , shall be attached . Each photograph shall be identified by : date taken , location name , and direction of view . 4 . Location Drawing . The purpose of the location drawing is to identify all visible improvements within - he 1041 WOGLA Zone . It shall be a scaled drawing with scaled aerial imagery to include horizontal distances and approximate bearing from the J+ l - and - Gas Location for all visible improvements . This drawing shall be a stamped by a licensed professional surveyor showing any survey monuments in the 1041 WOGLA Zone and the County road right - of - way extents , if applicable . 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 , infection 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 natural channels , including permanent canals and ditches through which water may flow . rAeasurements specifying the shortest distance between the Location and the edge / corner of the n earest building / 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 n o 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 accessies ) enters the Location . S . Facility Drawing . The purpose of the facility drawing is to identify the positioning of all equipment on the OTharifl-Gac) Location . This shall be a scaled drawing illustrating the a isturbance area of the OThan l - - has 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 or provide a legend used to and - identifyi - rig all existing and proposed Well ( s ) , equipment , and Flowline corridors on - location iof1 . Additionally , the crawing 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 u tilized 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 o ther 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 : Ddrilling Ffluids , drill cuttings , Fydraulic Fracturing Fluid , Flowback and Produced Water , oil stained soils , tank bottoms , general trash , hazardous materials , and other non - hazardous solid wastes . 7 . Lighting plan . A plan detailing lighting to be utilized during the Construction Phase , and if applicable , the Production Phase shall be attached , as specified in Section 21 - 5 - 402 . C . Additional Attachments . The following items may be required as attachments to the Application , if applicable : 1 . Multi - well plan . If the proposed i . ) i a - nd -Gas Location is for multiple Wells on a single pad , a drawing slowing 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 Page 21 of 76 habitat , or any other non - excluded Land Use , a Reclamation plan is required . The plan shall include at least the following informations . a . Reference area map . A topographic map showing the Gmil-a mat= Location , and the location of the selected Reference Area ; and b . 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 . 3 . Noise mitigation plan . A . . ' : - • _ ! : . • - _ • • • • - a - • • - - : • - - - Is specified in Section 21 5 416 , Table 416 A . 1 . may be required . The plan - sal - + nclude - site -specific-besign for - mitigation- measures - including the - appropriate - BMP-s , h � plan - wi44 ration of ,€vch stage of -dr- g - Completion , wifl - refer- ence - - any -topographica4 - andier- geographical -features - which - may- impact nose propagation from -theprepese 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 . For Locations sited within HPH , Operators shall consult with CPW 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 AA - Rural Planning Area , a dust mitigation plan shall be required if there are receptors ( BUs , RBUs , HOBUs , or DOAAs , • : : - : : - •.• - • . - Centers ) within the 1041 WOGLA Zone ._ . or if the For Locations issited within HPH , Operators shall consult with CPW 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 . SeeSection - -11 - 5406 , 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 . 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, RBUs , HOBUs , or DOAAs ) within the 1041 WOGLA Zone . For Locations sited within HPH , Operators shall consult with CPW regarding practical BMPs for odor mitigation efforts specific to the impacted habitat . ; wWhen required , as an attachment to the 1041 WOGLA Applications : -W + th + n the plan shall detail how the Applicant ,- fatt) fs heyF will utilize all practicable BMPs and other methodologies to reduce odor , including ,- but - not - limitedto, _ 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 and a list -of all other odor reducing BMRs Additionally , the Odor Mitigation Plan should identify all potential Page 22 of 76 sources of odors that are associated with each phase -of Oil and Gas Operatiensboth the Construction Phase and Production Phase of operaticns, including, but not limited to, drilling fluids and cuttings, flowback and produced fluids, and E&P Waste. The O€ED-Director may requireen-Qperator to further evaluate its operation and impose acditiona ocor mitigation measures in tie event of a pubic complaint, of ether odor-observatien An Odor Mitigation Plan-is-required if-there arereceptors-tails, RBUs, --OBUs, DOAAs, Scioo s, Scioo =aci ities or Cii c Care Centers) wit -tin tie 1041 WOG _A Zone, or if the-Location-is-within-1412K 6. Oil and Gas Solar Energy Facility (OGSEF) plan. See givision-5 of-Chapter -,-Article V-of-thi-s -Code. An OGSEF may be submitted for consideration as part of a 1041 WOGLA Application. a . Submittal requirements for Oil and Gas Solar Energy Facilities `OGSEF ) . As part of the Application, the following submittals are required for an OGSEF : i. 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. ii. Solar Panel Schematic and P 'iotographs. 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 : i. 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%. ii. 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. iii. Include an automatic extension provision or "evergreen clause" . iv. 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, charges in labor or disposal costs, and updated technology or site conditions . v. Be "bankruptcy remote," meaning the Financial Assurance will be unaffected by the bankruptcy of the OGSEF Operator. vi . Weld County, in its sole discretion, may approve alternative forms of Financial Assurance such as, but not limited to: bands, 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/reclamaticn that equals or exceeds that provided by the form required herein. vii. 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. 7. A Visual Mitigation Plan. See Section 21 5 404. Page 23 of 76 Wildlife Mitigation Plan . If the Location or its access is partially or fully within HPH, the Applicant will submit a copy of their Wildlife Mitigation Plan, pursuant to Section 21 -5-456. D. Additional Weld County issued permits and agreements. The following permits and agreements may be required either for the issuance of a 1041 WOGLA Permit, or after approval of a 1041 WOGLA Permit : 1 . 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. A site-specific risk assessment may be required as determined by the Office of Emergency Management. Operators may use an OEM provided template if they do not have an existing risk assessment that addresses the required elements listed below. A complete site-specific risk assessment should include, at a minimum, the following components: a. Site Description. Description of facility layout, processes, and proximity to occupied structures or sensitive areas. b. Hazard Identification i. Operational Hazards: Identification of risks related to well operations, equipment, and processes. ii . 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 i. Frequency analysis based on historical data, industry benchmarks, and site-specific conditions. ii. 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. Emergency Planning and Response. Procedures for emergency response, including coordination with local agencies, evacuation planning, and communication protocols. Population Impact Assessment. Evaluation of potential effects on surrounding populations, including sensitive or vulnerable groups. h. _ Risk Evaluation and Mitigation Measures. Risk matrix or prioritization of identified hazards and corresponding mitigation strategies. Documentation and Communication . Records of assessment methodology and findings, and processes for internal and external communication . An Access Permit is required for a 1041 WOGLA Permit. The Applicant shall complete an Access Permit application provided by the Weld County Department of Public Work- 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 . If county-maintained roads are utilized to access the Oil and Gac 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, aunty staff will evaluate Application materials and determine the proper type of agreement required based on the specific Hhaul Rfoute, safety Page 24 of 76 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 . Rood Maintenance Agreement (Rt4A) or Comprehensive Rood Maintenance Agreement: May be required for a 1041 WOGLA Permit that will have long-term trucking operations from the site. a. Rood Maintenance During Construction (RMCA): May be required for a 1041 WOGLA Permit that will significantly reduce or eliminate truck traffic from the site based on installed and utilized pipelines, except for minimal rout ne maintenance needs. Pre and post construction inspections are required for these agreements. Offsite Improvements Agreement (OFFSIA): May be required for a 1041 WOGLA Permit when safety concerns exist along the n aul oute 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 Hi aul R oute, or repair work for damage to County roads which is directly attributed to activities on the Oil and Gas Location . - . A Drainage Report is required for a 1041 WOGLA Permit. At the time of application submittal, at minimum, a preliminary drainage report shall be provided for review by Weld County pursuant to the requirements of Chapter 8 Article XI, and Section 21-5-446 of this Code. Prior to applying for a Grading Permit, a final drainage report stamped and signed by a Professional Engineer registered in the State of Colorado is required . if the Oil and Gas, Location is located 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 . A Grading Permit is required prior to corstruction of any Oil and Gas Location greater than one ( 1 ) ccre. This permit is issued by the Weld County Department of Public Works pursuant to the requirements of Chapter 8, Article XII of this Code. I ` applicable, Building Permit(s) issued by the Weld County Department of Planning Services, shall be obtained prior to construction, pursuant to Chapter 23 and Chapter 29 of this Code. 9'5. I ' applicable, Right-of-Way (ROW) Permi_(s), issued by the Weld County Department of Public Works, pursuant to Article XIII of Chapter 8 of this Code, are required for any work occurring within County F.OW. No work within County ROW shall occur without such ROW Permits being issued . ROW Permits may be issued after 1041 WOGLA Permit approval. 1 V applicable, a Special Transport permit shall be obtained . No vehicles associated with the 1041 WOGLA Permit may exceed legal per axle weight limits and/or legal size limits as set forth in Article XV cf Chapter 8 of this Code, unless Special Transport permits have been applied for and granted by the Weld County Department of Public Works. Special Transport permits may be issued after 1041 WOGLA Fermit approval . Additional information may be required by the OGED Director, resulting from consultation with referral agencies, and/or the public. Page 25 of 76 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. AS. 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 .. i+ f1d-Ga5 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 2zone drawing relevant to their property, as well as an additional map showing the boundaries of the entire CDP with all individual ail and-Gas Locations identified . 3O. 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 Oil-and-Gas-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 : i. Haul Route Map as described in Section 21-5-320.6. 1 . including the route to each proposed Location . ii. Development Area drawing as described in Section 21-5-320.6.2. encompassing the entirety of the CDP boundary and showing each of the individual proposed Locations. iii. Location Drawing as described in Section 21-5-320. 6.4. for each individual Location identified within the CDP. iv. 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. Additional Weld County issued permits and agreements : I . 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). ii. Comprehensive Road Maintenance Agreement, or other agreement as detailed in Section 21-5-320. D.3. Page 26 of 76 iii . 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 downstream of any Locations and acknowledge that stormwater release into anyirrigation 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 . 5. DGED 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 =or a CDP Application shall be applied as follows: 25% of the current 1041 WOGLA Application fee per ndividual 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. lecording of the 1041 WOGLA CDP Permit, and Vested Property Rights, as defined in Section 23-1-90. :DP final order shall be recorded and legally noticed as outlined in Section 21-5-345. Upon approval, :he Locations specified within the CDP shall have received initial siting approval, and shall not require a lew 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 c oser to the time of construction (no less than sixty (60) days prior to notice of construction ), and may be administ -atively approved, as long as no major changes are proposed to a Location - see Section 21-5-360. CDP's will be considered "evergreen" in na:ure, meaning Operators must adhere to all current and future Code requirements and Development Standards. G. Upon 3pprova , tie indivieua Site Specific 10 - 1 WOGLA App ication snail follow the remaining term of the original CDP. kl-: —Upon approval, the Locations specified within the CDP shall-have received initial-siting approval, and Shaft-not e-w 1041 WOGLA -iearing, un ess major clanges are proposed see Section 24 5 360. ! . Proce&s Milestones for CDPs. The following steps are anticipated for COP Applications and are for general guidance only: 1 . Pre a pl+c-aion —CDPs-wilt-fallow t e-pre-application--press-outlined in Section 21 S 3.1S:-However; the Development Area drawing sha encompass a ands wnici are p annec to be ceveloped within the proposed COP. in-addition, drawing-will--show the preferred sites for all Locations -within the-CDR 2. 1041-WOGLA Notice the-Applicant-shall-sent 1041 WOGLA--notice- as outlined in Section 21 5 31-77 3. 1041-WOGLA Application submittal-. 4-. The Applicant-shalt-hold-a- community-meeti- prior to the 1041-WOGLA -Hearing. The-community- meeting &hall--be- ee i-n person, at a location and time to allow the greatest possible community involvement for those within or around the CDP area. A virtual community meeting may be held in addition to the in-person meeting, to reach additional community members who may not be able to attend in person. 5. CDPs shall follow the hearing process as outlired in Section 21 5 340. 6. CDP final order shall be recorded- and-legally noticed as-outlined Section 24-5 31& J. CDP Application-requirements. Page 27 of 76 1 . The items contained-within-Section 21 5 320.A., with the exception of-Section 21 5 320.A.5.c. and e. 2 . 4-au Route map, inckusive of a proposec Locations wit lin t -►e COP. -Development Area-dr-awing, showing-the-extents-of-the CDP, alternative locations,- as well as the-individual DAs--within the-CDP: 1 . Comprehensive RMA, or other agreement as detailed in Section 21 5 320.0. 3. 5. EAP utilizing the template from OEM. 6. Minimum preliminary drainage requirements for CDP : Provide a brief memorandum that describes the proposed-drainage-c-oncept4ec he-typical-toc-ation and how-stormwater quantity and quaky-will-be managed, a statement acknowledging the requirements in Chapter 8 Article XI of this Code, and identify any nearby irrigation ditches or bodies of water downstream of any Locations and acknowledge that stormwater release rote any irrigation citcu requires written permission from a citci owners. BK. Site-Specific Application requirements for Locations within an approved CDP. 1 . Subsequent to CDP approval, 3 ite pecific 1041 WOGLA Applications shall be submitted by the Applicant for each Location within the CDP, and shall include, but not be limited to, the following information : a . The items contained within Section 21-5-320. except for those items already approved as part of parent 1041 WOGLA CDP Permit. h 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 . The Applicant is required to send 1041 WOGLA notice no less than sixty (60) days, and no more than six (6) months, per Section 21 5 317.-Required Courtesy Notice. Upon submittal of the site-specific Application, Operators shall send out apostcard 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 Director with information about the proposed Location . The reviews and comments Page 28 of 76 submitted by a referral agency will be taken into consideration by the OGED Director during the administrative approval process: i. The Weld County Department of Public Works. ii. The Weld County Department of Planning Services. iii. The Weld County Office of Emergency Management. iv. 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. i. 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 'NOGLA 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. Sec. 21-5- 330. OGED review processing of 1041 WOGLA Permit application . The OGED Director shall review the 1041 WOGLA Permit Application to determine if it is complete. Such review shall occur within ten ( 10) business days of the filing of the Application . Any Application deemed incomplete by the OGED shall be re-submitted within ninety (90) days for completeness determination. Any Application remaining incomplete beyond ninety (90) days will be automatically withdrawn . Upon completeness determination, the OGED Director shall : A. 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-S-340.A. 1 ., below. B. Send rotice 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 Gil and Gas 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 Oil and 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. C. Refer the Application to the following agencies for review and comment. The agencies named shall respond within twenty-eight (28) days from the mai-I+r}g-routing of the Application by the County for referral. The failure of any agency to respond within twenty-eight (28) days shall be deemed to be a favorable response to OGED. The-referral shaft-Mate-that-the OGED Director will enciuct-a formal-consultation-with the -referral agency during the twenty eight (28) day referral period if requested by the referral agency Reviews and comments solicited by the County are intended to provide the County OGED Director with information about Page 29 of 76 the proposed 04-and-Gas 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 G+l and-Gas Location, as determined by the Weld County Assessor's records at the time of notice. 2. the W County Deportment of Public Health and Environment. 23. The Weld County Department of Public Works. 34. The Weld County Department of Planning Services. 45. The Weld County Office of Emergency Management. 56. The CPW. 67. The ECMC. 78. The CDPHE . 89. The appropriate school district(s). 910. The appropriate fire district(s). 101 . 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. D. 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. E . Charge a reasonable fee that covers costs incurred by Weld County for review of the Application, holding the appropriate hearing, and performing any necessary administrative tasks associated with the issuance of the 1041 WOGLA Permit. All new Applications shall adhere to the requirements contained in Division 4 of this Article V and will be assessed a new processing fee. Fees can be found in Appendix S-D. 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 . Application for Intervention must be received by the Hearing Officer twenty (20) days prior to the 1041 WOGLA hearing. Application for Intervention must be on the form provided on the OGED website. Persons who have standing to participate are limited to those who have received notice of the 1041 WOGLA hearing by First-Class Mail or who have demonstrated they would be directly, adversely and significantly affected or aggrieved by the granting of the 1041 WOGLA Permit. Application for Intervention must include the following: a . The docket number and date of the 1041 WOGLA hearing; b. Legal address of the person applying for intervention; c. A general statement of the factual or legal basis for the protest or intervention; e. A description of the intended presentation including a list of proposed witnesses; and f. An estimate of the time required to present the protest or intervention . Page 30 of 76 2. Applications for Intervention shall be granted or denied by the Hearing Officer within ten (10) days of their receipt. Such decision shall be communicated to the applicant for intervention in writing by the Hearing Officer. 3. Any written comment provided by a person who is not granted intervention, or by any other member 3f the public, will be included in the 1041 WOGLA hearing record, to be considered by the Hearing Dfficer as evidence and given such weight as the Hearing Officer believes is appropriate. B. Condi. ct of 1041 WOGLA hearing. 1 . 1041 WOGLA hearings shall be recorded, and a list of attendees shall be kept. 2 . Participation by the parties and/or witnesses by telephone or other electronic means shall be at the discretion of the Hearing Officer. 3 . -he Hearing Officer shall control the evidence taken during the hearing in a manner best suited to fully and fairly develop the relevant evidence, safeguard the rights of all parties, and ascertain the substantive rights of the parties based on the merits of the issue(s) to be decided. 4. 1041 WOGLA hearings will be docketed to occur on a weekly basis on days to be determined by the Hearing Officer. Complete Applications whose notice requirements have been met shall be scheduled for hearing on the next available weekly docket. C. Decision of the 1041 WOGLA Hearing Officer. Upon the conclusion of the 1041 WOGLA hearing, the Hearing Officer shall : 1 . Grant approval of the 1041 WOGLA Permit if he or she determines that sufficient evidence exists in the record that the standards set forth in Division 4 of this Article V will be met and that the proper Site Analysis has been performed by the Applicant. 2 . Continue the 1041 WOGLA hearing if he or she determines that insufficient evidence exists in the record and additional information is required in order to make a determination, upon staff recommendation, or at the Applicant's request. 3 . Deny the 1041 WOGLA Permit if he or she determines that insufficient evidence exists in the record or that a proper Site Analysis has not been performed by the Applicant. If a 1041 WOGLA Permit is denied, the Applicant may apply for a 1041 WOGLA Permit on the same parcel only if substantial changes have been made to the Application from the original submittal. 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 onditions of ,-,, pproval 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. Motion for reconsideration. A motion for reconsideration may be considered by the Hearing Officer in cases where a 1041 WOGLA Permit has been denied. Such motion must be filed no later than ten ( 10) days after the Applicant has received notice of the denial . A motion for reconsideration must state, with sufficient clarity, the specific reason(s) the Applicant believes the denial was the incorrect decision . 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 decisicn 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 co so within ten ( 10) :N.-e-i-king days of receiving the notice of appeal. Any such memorandum brief shall not exceed five (5) pages in length . Page 31 of 76 F . Review of oppeol 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) working days after receiving the notice of appeal and other documents allowed herein . The OGED Director shall thereafter communicate the decision to the Applicant, the Appellant, and the Hearing Officer within five (5 ) Norking days of receiving the Commissioners' decision. Sec. 21-5-345 . Recording of the 1041 WOGLA Permit, and Vested Property Rights. Following the 1041 WOGLA Hearing, if the Hearing Officer grants approval for the 1041 WOGLA Permit, the following shall occur: A. The Hearing Officer shall prepare the draft final order. Once written, he or she will provide the draft final order to the Applicant and to the Regulatory Analyst assigned to the Case, for their review. Said review shall be for a period of not more than three (3 ) business days and is intended to allow for evaluation of the details and COAs to be included on the final order, prior its recording. The Applicant shall not be allowed to change or redline the draft final order but may request the Hearing Officer's consideration of including or modifying certain details based upon the testimony provided at the 1041 WOGLA hearing. If no comments are received within three (3) business days, the Hearing Officer shall provide the final order to OGED for recording. B. The OGED Director shall record the final order with the Weld County Clerk and Recorder. C. After the final order is recorded with the Weld County Clerk and Recorder, the OGED Director shall forward a copy of the recorded document to the ECMC. D. 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 r#Development 'Ian 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 vVested . 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. Sec. 21-5-350. Required notification . 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 0 onditions of Aapproval or Development Standards, which were specified as part of the approved 1041 Page 32 of 76 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. _Prior to (Construction noticenetification. The Operator is required to provide written notice to the OGED Director two (2 ) weeks prior to beginning the Construction Phase of the Oil-and-Gas Location . This of: notice satisfies the notification requirements of the Road Maintenance Agreement, and the Emergency Action Plan, and the Grading Permit. b. Site construction completion notice. The Operator is required to provide notice to the OGED Director within two '2 ) weeks of completion of the site construction of the Location . This notice satisfies the notification requirement of the Grading Permit. 2. Drilling and Completions notifications. Tie Operator is required to provide notice to the OGED Director for-the following: ca. Spud notice. At least 48 hours prior to any drilling rig mobilization-S , 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. db. Completions notice. At least one ; 1 ) week prior to commencement of Completions activity on an Oil and Gas Location, the Operator shall provide written notice of such activity to the OGED Director. This notification will meet the requirements outlined in the Emergency Action Plan . e3. Turn-in-Line notification. 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. This w-ritten notification satisfies the notification requirements of the Road Maintenance Agreement and the Emergency Action Plan . 24. 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 notice. The Operator is required to provide notice to the OGED Director pursuant to the requirements of Section 21-5-464., documenting completion of all interim Reclamation ground surface disturbing activities. This notice satisfies the notification requirement of the Grading Permit. b. Interim Reclamation completion notice. The Operator is required to provide written notice to the OGED Director pursuant to the requirements of Section 21-5-555.O.3464. D., documenting the success completion of the interim Reclamation. This notice satisfies the notification requirement of the Grading Permit. c5. Final obondonment notice. The Operator is required to provide written notice to the OGED Director at least one ( 1) week prio - to plugging the final Well on a Location or final decommissioning of an-Oil and Gas Facility. This notice will begin the final Reclamation requirements outlined in Section 21-S-560.E466. d . Final Reclamation release request. The Operator must submit a written release request to the OGED Director as outlines in Section 21-5-466.E., documenting the completion of the final Reclamation. This notice satisfies the notification requirement of the Grading Permit. B. Notific2tions to the Surface Owner. With respect to the notices listed in this Section, it shah 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 cops c surface improvements rights that Page 33 of 76 could be affected by such proposed operation. Unless the following is otherwise addressed in the SUA-or Memorandum of SUA, or tie Surace owner -gas signet a written waiver o= tie notifications requirec in tnis Sectionrthe following notices-to-the Surface Owner shall occur-: 1. Notification prior toNotice 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 with-heavy equipment prier--to the beginning-of-drilling-o€-a`w-ell. This written notice shall provide the following: a . The Operator's name and contact information for the Operator or its agent; b. A site diagram or-platFacility drawing of the Oil and Gas Location and any associated roadsHaul Route map; c. The date operations with heavy equipment are expected to commence; and d . The contact information for OGED. 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. 2 . Subsequent Well operation notificotionnotice. 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 surface areas beyond the existing access-road or Weti Site, such as recompleting or stimulating the-Welithe Location. 3 . Final Reclamation netifif-e-tionnotice. 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-(or the tenant when the Surface Owner has requested that SUCH consultation be made with-the-tenant). 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-S- ' H 50. B 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 Oil and Gas Operations or cConstruction 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 . Notice of Operations shall be delivered in writing, with receipt confirmation, to all property owners within the 1041 WOGLA Zone (as determined by Weld County Assessor's record at the time of notice). 2 . The Notice of Operations must include: a . A statement informing the property owner that the Operator intends to construct an Oil and Gas Location within two thousand (2,000) feet of their property; b. The parcel number and legal description of the property on which the Oil and Gas Location is situated; c. The location name, 1041 WOGLA Permit number, and number of Wells to be drilled; Page 34 of 76 d. Approximate cross streets of the Oil and Gas Location; e. The anticipated date (Month and Year) the construction or operations will commence; and f. Both Operator and OGED contact information . 3 . A property owner entitled to receive No_ice of Operations may waive their right to be noticed, in writing, at any time. The Operator shall provide evidence of this waiver to OGED, if requested . (Weld County Code Ordinance 2020-12 ; Weld County Code Ordinance 2021 -17) Sec. 21-5-355 . Amendments, termination, or failure to commence use. Any amendments to a Oil and-Gas 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 via the Sundry Process. The OGED Director will review the ttecfy 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 3t 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 an 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 nct 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 modelingto reflect the reported changes. Examples of :ritical 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 . Major amendments may require a new-1-O41- WOGLA Permit Application and fee . B. Major amendments to an existing Oil and Gas 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 reclairred site; surface disturbance for purposes of permanently expanding an existing 04 and Gas 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 Locaticn, and/or moving an existing or permitted Location. C. 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 Fearing. 2. Send notice of a hearing for an amendment to the 1041 WOGLA Permit before the Hearing Officer to any property owners' 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 Veld 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. No Sundry request is required for refracs, recomplet ons, routine Well Site operations, normal repairs and maintenance of an existing Oil and Gas Faci ity, ice <inc rep acement of equipment, setting Temporary Page 35 of 76 equipment-sufface--4istucbance at an-existing Oil-and Gas-tecation within the original--d-isturbed area whic-h does not have the effect of permanently expanding the Oil and Gas Facility or Oil and Gas Location, and repairs or-maintenance of an Oil and Ga-s-Facility-required-by-a-county, state,-O-federal-compliance-or-der: D. The Construction Phase authorized- by an approved--1041-WOGLA Permit shall-commence-within-three43-) years from the date of publication announcing-the approval of the 1041 WOGLA Permit, or the approval shall terminate.- Requests--fer extension may be granted-by-the-OGED Director, via-the Sundry Process, butthe 1041 WOGLA Permit shall then be subject to any new rules amended into this Article V since the approval-ef the original-1041 WOGI=A- Permit. 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 may be 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. Sec. 21-5-360. Site inspection by OGED. OGED or Weld County staff may inspect, at any time, the Oil and Gas Locations subject to the regulations set forth in this Article V to determine if the Oil-and Gas Location is in compliance. Sec. 21-5-365 . Compliance with 1041 WOGLA Permit Conditions of Approval and Development Standards. An Applicant for a 1041 WOGLA Permit shall comply with the Gond-itions of Apnroval 4COAs and Development Standards detailed in the 1041 WOGLA Permit and in Division 4 of this Article V. Noncompliance with the COAs and Development Standards may be reason for revocation of the 1041 WOGLA Permit by the Hearing Officer. Enforcement actions by the OGED Director shall be according to the following procedure : A. Enforcement of COAs. If there are any "Prior to Recording" COAs, Tthe Hearing Officer shall, after hearing and upon issuing a preliminary order granting the 1041 WOGLA Permit, schedule a return date when the Operator shall present evidence to the Hearing Officer that all "Prior to Recording" COAs have been satisfied. Upon providing such evidence, the Hearing Officer shall issue a final order granting the 1041 WOGLA Permit. If no " Prior to Recording" COAs exist, the Hearing Officer shall issue a final order granting the 1041 WOGLA Permit and no return date shah be necessary. Should at any time the Operator be found to be out of compliance with any COAs or Development Standards, the OGED Director may set a violation hearing, or a suspension or revocation hearing before the Hearing Officer pursuant to the provisions of Section 21 -5-370, below. B. Enforcement of Development Standards. The enforcement of the standards ( referred to herein as " Development Standards" ) stated in the 1041 WOGLA Permit and/or in Division 4 of this Article V shall be conducted by the OGED Director in the following manner: 1 . Upon receiving a complaint from any member of the public or the filing of an inspection report by an OGED inspector, alleging a violation of Development Standards stated in the 1041 WOGLA Permit and/or in Division 4 of this Article V, the OGED Director shall notify the Operator of the complaint or adverse inspection report and require Operator investigation and response within 24 hours. Within the OGED Director's required timeframe, the Operator shall correct the violation and inform the OGED Director of such correction . If the Operator is unable to achieve the required correction within the stated timeframe, the Operator shall inform the OGED Director of the circumstances and the anticipated date of correction, and the OGED Director may modify the stated timeframe. 2 . If the OGED Director has probable cause to believe the violation persists, he or she shall notify the Operator, in writing, of the violation, present a demand for correction and provide a date upon which Page 36 of 76 :he violation must be corrected . The Operator shall correct the violation within the stated timeframe and notify the OGED Director, in writing, of such correction . 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 OGED inspection there is probable cause to believe the violation persists, the OGED Director shall set a violation hearing, or a suspension or revocation hearing before the Hearing Cfficer pursuant to the provisions of Section 21-5-370, below. Sec. 21-5-370. Violation procedures. If following the notice and timeframes called for in Section 21-5-365 above, the OGED Director determines :hat one ( 1 ) or more of the 1041 WOGLA Permit Development Standards set forth in Division 4 of this Article V or any of the Conditions of Approval have not been met, the OGED Director shall notify the Operator of the Oil and Gas Location of the failure to comply with the terms of the 1041 WOGLA Permit, the COAs, and/or the Developmert Standards set forth in this Article V. The notice will inform the Operator that a hearing has been scheduled before the Hearing Officer to determine if there is a violation of the 1041 WOGLA Permit. The Operator shall have the right to participate and present information at the hearing. A . Process for violation 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. 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. Such comments shall be provided to the Hearing Officer for consideration of evidence in the hearing. 3 . The Hearing Officer shall hold a hearing :o determine if the Operator of the 3+f and-Gas 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. Upoi such a finding, the Hearing Officer may suspend or revoke the 1041 WOGLA Permit, and order the Operator to cease the use of the Oil and Gas Facility immediately. In lieu of suspension or revocation, the Hearing Officer may order the Operator to submit a compliance plan and set a timeframe for return to present evidence of compliance or develop an alternative course of action which may be deemed appropriate due to the specific violation(s). . V the Hearing Officer finds the Operator in violation of the terms of the 1041 WOGLA Permit, the COAs, and/or the Development Standards set forth in this Article V., he or she may also assess fees to the Operator, pursuant to Appendix 5-D of the Weld County Code, as further described in Section 21-5- 468. 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 O44-and Gas Locations within the Weld Mineral Resource (Oil anc Gas) Area having received approval of a 1041 WOGLA Permit (or an amendment thereto as required by Section 21 -5- Sec. 21-5-400. Weed control . During the Construction Phase, Production Phase, and Reclamation operations, Adll 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 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 Page 37 of 76 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. 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 ►nSec-tion 21-S-4U2±..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. Lighting Zones ("LZ"). Considering the Planning Area; and surrounding Land Uses the number and proximity to Building Units,-DOAAs; and/ or High--Pi+ec-fty-Habitats,. OGED staff is responsible for recommending 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 11-3, 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 A. Lighting Zones ("LZ"). Table 402.A. 1 LZ Recommended Uses or Areas LZ Considerations LZ-0 Lighting Zone 0 should be applied to areas in Recommended default zone for which permanent lighting is not expected and wilderness areas and undeveloped when used, is limited in the amount of lighting rural areas. and the period of operation . LZ-0 typically includes undeveloped areas of open space, wilderness parks and preserves, areas near astronomical observatories, or any other area where the protection of a dark environment is critical. Special review should be required for any permanent lighting in this zone. Some rural communities may choose to adopt LZ-0 for I residential areas . LZ- 1 Lighting Zone 1 pertains to areas that desire low Recommended default zone for ambient lighting levels. These typically include rural and low-density residential single-family and multi-family residential areas. Includes residential single or communities, rural town centers, business parks, two family; agricultural zone and other commercial or industrial/ storage areas districts; rural residential zone typically with limited nighttime activity. May also districts; business parks; open space Page 38 of 76 include the developed areas in parks and other including preserves in developed natural settings. areas. LZ-2 Lighting Zone 2 pertains to areas with moderate Recommended default zone for light ambient lighting levels. These typically include commercial business districts and multifamily residential Uses, institutional high density or mixed-use residential Uses, schools, churches, hospitals, residential districts. Includes hotels/motels, commercial and/or businesses neighborhood business districts; areas with evening activities embedded in churches, schools and neighborhood predominately residential areas, neighborhood recreation facilities; and light serving recreational and playing fields and/or industrial zoning with modest mixed-use development with a predominance of nighttime uses or lighting residential uses. Can be used to accommodate a requirements. district of outdoor sales or industry in an area otherwise zoned LZ- 1 . LZ-3 Lighting Zone 3 pertains to areas with moderately Recommended default zone for high lighting levels. These typically include large city business districts. Includes commercial corridors, high intensity suburban business zone districts; commercial commercial areas, town centers, mixed use mixed use; and heavy industrial areas, industrial Uses and shipping and rail yards and/or manufacturing zone districts. with high nighttime activity, high use recreational and playing fields, regional shopping malls, car dealerships, gas stations, and other nighttime active exterior retail areas. LZ-4 Lighting zone 4 pertains to areas of very high Not a default zone . Includes high ambient lighting levels. LZ-4 should only be used intensity business or industrial zone for special cases and is not appropriate for most districts. cities . LZ-4 may be used for extremely unusual installations such as high-density entertainment districts, and heavy industrial Uses. Source: Illuminating Engineering Society, International Dark-Sky Association, Joint IDA-IES Model Lighting Ordinance ( VLO) with User's Guide, June 15, 2011. B. Construction Phase base allowance for lighting. The following lighting limits are the standards for the desigrated LZ in which the 04-and-Gas Location is situated : Table 402 B.1 Construction Phase Base Allowance for Lighting at Oil and Gas Locations LZ-0 LZ-1 LZ-2 LZ-3 1 LZ-4 For all LZs, up to 12 .0 lumens per SF of hardscape Source: Illuminating Engineering Society, International Dark-Sky Association, Joint IDA-IES Model Lighting Ordinance (MLO) with User's Guide, June 15, 2011. The al owable base lumens for ann Oil-a-Rd Gas Location are calculated using the designated Lighting Zone as showr in Table 402 A. 1, and the total Hhardscape. In both Planning Areas , the Construction Phase ardscape shall equal the acreage of the Oil and Gas Location, or up to twelve (12 ) acres, whichever is less. Page 39 of 76 Operators shall ensure that lighting at the Oil and Gas Location does not exceed the assigned allowable base lumens. During the Construction Phase or during operations involving Pipeline or Gas Facility installation or maintenance, use of a Workover rig, or stimulation, Operators must comply with the maximum allowable lumens per SF as shown in Table 402 B. 1 . C. Production Phase base allowance for lighting. The following lighting limits are the standards for the designated LZ in which the Oil and Gas-Location is situated for as allowed-by-the OGED Director and/or the Hearing Officer): Table 402 C. 1 Production Phase Base Allowance for Lighting at Oil and Gas-Locations LZ-0 LZ-1 LZ-2 LZ-3 LZ-4 0.5 lumens per SF 1 .25 lumens per SF 2 .5 lumens per SF 5.0 lumens per SF 7.5 lumens per SF of hardscape of hardscape of hardscape of hardscape of hardscape Source: Illuminating Engineering Society, International Dark-Sky Association, Joint IDA-IES Model Lighting Ordinance (MLO) with User's Guide, June 15, 2011. The allowable base lumens for an Oil and Gas Location are calculated using the Lighting Zone as shown in Table 402 A. 1, and the total Hhardscape. In both Planning Areas, the Production Phase Hrardscape shall equal actual acres of the Oil and-Ga- Location after interim Reclamation . Operators shall ensure that lighting at the Oil-and-Gas Location does not exceed the assigned allowable base lumens for the designated LZ. -I-.- - During the Production Phase, unless another LZ is allowed by the OGED Director and/or the 1041 WOGtA- Hearing Officer, Oil-a-RdGas-Locations within the Ag- Rural-Wanning Area-s-Diall-c-emply with the lighting standards o- LZ 0 or LZ 1, cepending upon tae number of and proximity to Bui cing Units, DOAAs, ann/or -lig i Priority Habitats. Un ess anotier LZ is a owec by tie OGED Director anc /or tie ---caring D==icer, Oi anc Gas Locations within tic Near Urban Panning Area shall comply with the lighting standards of LZ 0 through LZ 3, depending upon the number of and proximity to Building Units, DOAAs, and/or High Prierity Habitats . a T-he OGED Directer-a-ndjec-tke-Hearing-O##+eer--rna-y-require another LZ than what is allowed for tie P anning Area in w uic u tie Oi and Gas Location is sltuated, cepending upon w uic i LZ best fits--the land uses and circumstances surrounding the Oil and Gas Location. 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 402.5- 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 . A site plan showing lighting fixture locations as well as calculation points detailing the number of footcandles a specific point on the site plan has. b . Lighting schedule, detailing the different lighting fixtures which are proposed . c. Spec sheets for the proposed lighting fixtures. OGED may consider substantially equivalent information in lieu of the above requirements. Page 40 of 76 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 Oil-and-Gas Location, rind #-sa+d-light ng is the ly1+g-h-t+r}g-on cati -an4•is-red or amber in colof . the Applicant will not be required to submit a Production Phase lighting plan. E . Lightiig standards. Operators shall adhere to the following lighting standards at all Oil-and Gas Locations during all phases of Oil and Gas Ooperations. Nothing in this section shall prohibit the use of indicator beaccns, heat trace, or similar lighting that is designed to alert personnel to emergencies or abnormal operating conditions occurring on the Oil-and Gas-Location . 1 . Operators shall direct site lighting downward and inward, such that no light shines above a horizontal plane passing through the center point of the light source, with lights hidden by the sound wall if one is present. 2 . Operators will place bulbs within fixtures that obscure, block, or diffuse the light to reduce light trespass outside the boundaries of the Oil and Gas Location. 3. Offsite impacts from lighting shall be reduced or mitigated to the greatest extent practicable using BMPs including, but not limited to : a . Minimizing lighting when not needed using timers, switches, or motion sensors ("use only the lights you need"). "Dusk til dawn" lighting is not allowed b. Using cut-off or full cut-off lighting. c. Using lighting colors and/or temperatures that reduce light intensity 4. Utilization of lighting standards including, but not limited to, those listed above shall ensure Location lighting does not negatively impact the health, safety and welfare of Weld County's citizens, environment, and wildlife within the 1041 WOGLA Zone. 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. Weld County staff may request tThe Applicant may be required to provide a visual mitigation plan as part of the 1041 WOGLA Application or Sundryamendment. The intent of the plan is to describe and graphically represent the enhanced mitigation efforts the Applicant will employ to visually screen the Location from the general public. For visual rritigation purposes ground-mounted solar collectors as part of an OGSEF shall not exceed twenty-five (25 feet in ieight, 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. Portable toilets for use on the Oil and Gas Location shall not be visible from adjacent properties or public roadways. Sound walk or fencing may be used-asscreen-i+�g: Sec. 21-5-406. Fugitive dust. Operators shall employ practices for control of fugitive dust caused by their operations on the Oil and Gas Location, Haul Routes, and private access roads. Suci practices sia Inc uce, but are not imited to, tie use o- speed restrt+ons;regula ---road math-ter}ance; restric-tio-n -of-const-ruction activity--4sring--high-wind days; silk-a-dust controls when handling sand used in Hydraulic Fracturing operations; and the application of dust suppression controls limited to magnesia-ni-chloride and- ccsh-W-ater Page 41 of 76 AL The submittal of and compliance with a dust mitigation plan as defined in Section 21-S-320.C.4. detailing accitiona management practices suc - as roae suracing, construction of- wind b-re44-s- and-bar-tiers;sail stockpile--stabil•i*a-tiara-or automation-of is o--reduce truck-traffic- may be required by the OGED Director and/or the 1041 WOGLA Hearing Officer as part of the 1041 WOGLA Permit approval to provide additional impact mitigation, or pursuant to a fugitive dust enforcement action against an Operator. B. Operators are responsible for the control of fugitive dust on County roads that are part of the Haul Route, pursuant to the terms of the Road Maintenance Agreement. Should the Operator choose to provide a cash in lieu payment pursuant to the provisions of Section 21-5-32O.CD.3. of this Code, the Operator shall continue to be responsible for mitigating fugitive dust on County roads that are part of the aul P oute for the and-Gas- Location . 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 . Sec. 21-5-410. Site Security. The Oil-and Gas Facility shall be designed and operated in a manner that is protective of public health, safety and welfare during all phases of operation by preventing public access, unauthorized vehicular traffic, and illegal dumping of wastes. A Appropriate measures shall be implemented to prevent access to the Oil and Gas Facilities by unauthorized persons, wildlife, or domestic animals. . 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 Oil and _Jas Location . 1 . An OGSEF shall be enclosed with a security fence as approved pursuant to a fencing plan submitted to OGED. Sec. 21-5-412. Site Signage. A. The Operator shall, concurrent with the start of Construction Phase operations Surface Owner notice, post a Temporary sign . The sign shall be placed at the intersection of the lease road and the public road providing access to the Oil and Gas Location but shall not be placed in the road right-of-way. Such sign, which shall be no less than four (4) square feet, and no greater than thirty-two (32) square feet, shall provide: 1. The name of the Operator, 2. The-proposed Oil-and Gas Location name. 3. The-legal-description of the proposed Location, including Section and Quarter/Quarter: 4. The assigned-address. 5. The estimated -date of construction commencement Such-sign-shall be-maintained until the placement of the permanent signage. Page 42 of 76 When comp-letion-operations of a Well are c-eneluded, or wit-h+r-sixty {6@}-des after begicw4ng construction o : an Di anc Gas Location, or w ien an existing sign is rep acec or moc Fled, a permanent sign s la be requi-red. The sign-sha41-be-placed at-the intersection of the-tease road--and-the public Woad-pro id-ing-ac-cess to the Oil and Gas Location but shall not be placed in the road right-of way. Such sign, which shall be no less tftan+-four-(-4)-sgoa-re-feet,and-no greater-than thirty -two•{32-}•square feet, shall- provide: 1. The name of the Operator. 2. ECMC Location ID. 3. The proposed-Oifandr-Ga& Location name. 43. The legal description of the proposed Location, including Section and Quarter/Quarter. 54. The assigned address. 65. The phone number at which the Operator can be reached twenty-four (24) hours a day, seven (7) days a week. 76. A phone number for local emergency services (911 where available) . In-l-ieu of posti n•g-a-Temporary sign per Section 21 5 41-2-A, the pen uanent sign may be instafled: . General sign requirements : 1 . Operator will ensure signs are visible, well maintained and legible. Operator will eliminate any obstruction(s ) affecting visibility as soon as possible and replace damaged or vandalized signs within thirty (30) days of discovery that the sign is damaged or no longer legible. 2 . If additional signage is placed for purposes of public notification related to the Oil acid Gar 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 i en fafy-sign- pet t-Sect+a-}-2 i-S-41L.A-; e , permanent sign Jer= tfea 21-5- 412 .B.described above. 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. Sec. 21-5-414. Well completions. Oil and Gas Well Completions shall be conducted in compliance with the Reduced Emissions or "Green" Completion -equirements of CDPHE, AQCC, Regulation 7 and US EPA, New Source Performance Standards, Subparts 0000 and 0000a. Notice of Completions is required in accordance with Section 21-5-350. 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. These measures shall be included in the Operator's Noise Mitigation Plan, as described in Section 21-5- 320.C.3 . A. Noise Level Standards. All Oil and Gas Operations will comply with the following maximum permissible noise levels : Table 416 A.1 Noise Levels 7:00 a.m. to next 7:00 p.m. 7:00 p.m. to next 7:00 a.m. A-scale NL-1 55 db(A) 50 db(A) Page 43 of 76 N L-2 60 db(A) 55 db(A) N L-3 65 db(A) 60 db(A) N L-4 70 db(A) 65 db(A) C-scale All Areas 65 db(C) 65 db(C) 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 Oil and Gas Locations within the Ag-Rural Planning Area, Operators shall comply with the maximum permissible noise level for the NL-4 standard. b. For Gil and Gas Locations within the Near-Urban Planning Area, Operators shall comply with the maximum permissible noise level for the NL-3 standard . c. The OGED Director may require Operators to comply with a lower maximum permissible noise level in consultation with the Colorado Department of Public Health and Environment, Colorado Parks and Wildlife, or due to input from surrounding Building Units within the 1041 WOGLA Zone. d. Compliance points- al-I-be determined as-fellows : 1-) - -Five hundred (-500)-feet from the-044-and Gas Location, or 2 ) Twenty fie-(-25) feet from the-exterior--waRfof- Building Unit, or 3)-- The boundary of the 1041 WOGLA Zone: If access to a property is not attainable, a noise measurement will be taken-at a point that-is equa y representative o' tie assumed impacts, as icentFiec by tie OGED Director. 2 . During the Production Phase, Operators with Gil-and-Gas-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. 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. ' . 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.A1 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 Fish and Wildlife Service regarding practical BMPs for noise mitigation efforts specific to the impacted habitat. 85. 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. I-he 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: shall be required for all Oil and Page 44 of 76 Gas-Loeat+ens-within-the-Nea-r--Urban-Rlan-fl+ng--Area. For--Oil-,and €as-Loe Liens within-the Ag-Rwa-I P anning Area, a noise mitigation p an sna be requirec on y if there a-re i -i pies Units, DOAAs, and/or High Prierity Ha bitats- within4he-1041-WOG1.-A-Zone: 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 : i. Provide one ( 1 ) noise compliance point in each direction in which an RBU is located within the 1041 WOGLA Zone. ii . Additional noise compliance points may be required at the request of the OGED Director in consideration of addition local receptors. Examples of additional local receptors may include, but are not limited to parks, walking trails, and DOAAs. iii. 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. a-. - If a Building -Unitr High-Priority-Habitat,or---DOAA +s-built or designated-after an Oil-and Gas Location-is permitted, the Operator shall continue to comply with the standards of Section 21 S 416.A, as-allowed within -the approved-1041 WOGLA--Permit: 6. A noise impact study by a qualified sound expert may be required for Oil and Gas Locations within either the Near Urban or Ag Rural Planning-Area, depending upon the number of and proximity to Building Units, DOAAs, and/er-Rgh-Pc+oc4ty Habitats, ba. Site-specificW-hen-required-hy-theO ED Director he Operator will prepare noise impact assessment study which will provide computer software-based noisesound projection modeling including db(A) and db(C) measurements at all establishedthe-points-of noise compliance points per-Section-2l 5 416.A. 1 .d , out to two thousand (2,000) feet, for both drilling, a-ad ECompletions and Production pPhases. The study will include graphic representation of buffers lines and noise contours from the Oil a-nd G-aj Location every five hundred (500) feet, out to two thousand (2,000) feet. The study shall also indicate all sensitive receptors and any significant geographic and/or topographic features that may impact noise propagation from the Oil and Gas Location . Site-specific design for mitigation measures, including the appropriate BMPs, engineering practices, and available technology the Operator will utilize to achieve compliance. 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. b. When requi-red,-the-noise impact study shall be submitted to the OG€D Director for review with the 1041 WOGLA Application. 97. 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. When-required-by-the-OGED Director—t e-opera-tor-will--conduct background-ambient-noise-surveys-to establish baseline conditions for noise levels on the site, for both A scale and C scale noise. ab. When required, the 1041 WOGLA Permit will include a ECondition of aApproval requiring the Operator to conduct a backgrounc baseline ambient noise survey. b. Baseline ambient noise surveys shall be conducted in accordance with the following standards: i. The survey shall be conducted no more than one-(4--yearninety '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 Page 45 of 76 be updated accordingly based on the survey results and submitted to the OGED Director for approval. ii. Surveys shall establish baseline conditions for both A-scale and C-scale noise levels. iii. 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. lye. When an Operator conducts a background ambient sSurveys the Operator wilishall follow the applicable measurement collection standardssame approach 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 point, by taking the logarithmic average of all measured daytime or nighttime one (1)-hour Leq values measured and in accordance with-the-sound--level-data- collection-requirements pursuant to the maximum permissible noise levels found in Table 416 A. 1. d. Sound levels shall be measured at a distance of five hundred (500) feet from the Oil and Gas Location,-at minimum i-n--€our-(-4)--directions, property access +s-net-gra+-ted, or if €erta+n situations exist that prohibit measuring sound levels in one or more directions, the OGED Director may grant an exception to-measure -less-than-foe-r-(4)-directions. e Operators -may exceed the-noise-levels in Table 41-6-A:-1-as--measured at the nearest noise point of comp iance if a reasonab y a=ectec Surace Owners ano tenants wit lin the 1041 WOG _A Zone provide a written waiver to the higher noise licit requested by the Operator. B. 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 a-n-both A-scale and C-scale complaint: a . Sound levels measurements shall be taken twenty-five (25) feet from the exterior wall of the complainant's residence or occupied structure, or at a location determined to be sufficient in obtaining representative noise levels as approved by the OGED Directormeasured at the point (2-) of compliance per Section 21 5 416.A. 1.d., in the4-i-rection of the complainant. b. At the request of the complainant or OGED Director, sound levels may be measured at a point beyond the point of-eornpliance,4hat the complainant or OGED Director-believes-is more representative of the noise impact. be. In situations where measurement of noise levels at the point(s) of compliance per Section 21 5 416,4,1-.d. is unrepresentative-or-non-attainable-due to topography, measurements may be taken at a more attainable/accessible distance and must be extrapolated to the desired measurement point, of compliance- using 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) . (42 - point of compliance & dl - measured distanc-e) Page 46 of 76 cc . If a baseline noise survey has been conducted, the ambient noise measurement point overall Leq within the closest direction of the complainant and any resulting adjusted permissible noise level , will be utilized to determine compliance. 2. Pursuant-to a C scale complaint: a-. In situations where the complaint or on site -inspection indicates-that-low-frequency noises--a component of the prob-em, sounc eve measurements s - be ta<en twenty =ive (25 =eet korn the-exterior wall-of-the c-omplainan4-residence or occupied -st-r-ueture in--the-direction-of-the Oil anc Gas Location, using a noise meter ca ibratec to tiecb(C; sca e. -n the event property access is-not grante4 -measurements -will betaken--at-a- point that is an equally-representative location as identified by the OGED Director. 3. if the noise source is on the same property- as the complainant, db(C) readings will be taken twenty-five (25) feet from the exterior--waU the-recidencp: ic. If the sound levels exceed the maximum permissible noise levels as defined in Table 416 A. 1, any adjusted permissible noise levels, the OGED Director shall require the Operator to obtain a tow frequencynoise impact analysis by a qualified sound expert, including identification of ia-ry reasonable control measures available to mitigate any identified non-compliance noise levels seen low frequency noise impact. Such study shall be provided to the OGED Director for review and possible action. J. If a -asetine noise-survey--has been conducted, the-overall Leq within-the closest direction of-the complainant will be utilized to determine compliance. 23. Sound level meters shall be equipped w th wind screens and shall take readings when the wind velocity 3t the time and place of measurement is not more than five (5) miles per hour. 34. Sound level measurements shall be taken from four (4 ) to five (5 ) feet above ground level . 45. Sound levels shall be determined by taking the logarithmic average 4-t-A-Seo of minute-by-minute measurements made over a minimum thirty (30) minute sample duration . Compliance will be determined by the highest measured LAS:: average calculated and shall be rounded to the nearest whole number. St. 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). C. Cumuhative Noise. 1 . When required, or in in stances when- baseline ambient noise surveys have prod-ie+s-1v 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 dri+l+r g-oc-Corn t+an-operationsConstruction Phase and Production Phase, including Flowback or operations involving Pipeline or Gas Facility installation or maintenance, use of a Workover rig, or ¶ timulation, 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 . I ' ambient noise levels already exceed the maximum permissible noise thresholds identified in Table £16 A. 1, under no circumstances shall the Production Phase exceed the ambient noise levels shown on the baseline noise survey. Sec. 21-5-418. Pollution . Operators shall take precautions to inimize dverse environmental hlmpacts to air, water, soil, or biological resources to the extent necessary to protect public health, safety, and welfare, including the environment and Wildlife Resc urces. Page 47 of 76 Sec. 21-5-420. Leak detection and repair (LDAR) . Leak Detection and Repair (LDAR) shall be conducted in compliance with all state and federal regulations. 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 21-5-320.6.6. 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 ii and Gym 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 with state and federal regulations. =.tai and Gas Locations shall be kept free of trash, debris, scrap and/or discarded materials connected with operations on the property. Sec. 21-5-424 . Storage tank control requirements. Crude oil, condensate and Produced Water storage Tanks shall be installed and operated in compliance with all state and federal regulations. Sec. 21-5-426. Pits—General and special rules. Uciiling Pits, Multi Well Pits, Reserve Pits,-and- special Puf p se-Pits: {_as defined in Section 21-5-204 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 are prohibited. Operators are required to use closed loop systems whiledrilling-on all Oil-and- Gas-Locations. 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. C. -Freshwater-Pits, as defined-in-lion 21 S 20 above, shall be permitted in accordance with applicable state and federal regulations. -Production 'its, as ce=ined in Section 21 5 20 above, may be oermittec in accordance wits aop icab a state and federal regulations, and if granted a variance by the OGED Director pursuant to the rule set forth in Section 21 5 570. Sec. 21-5-428. Spills and releases. Operators shall maintain a Spill prevention plan for each Oil and- Gas Location with BMPs to adequately protect any and all critical receptors, 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 . Page 48 of 76 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 conditionsOperators shall- minimize venting and-flaring- to—the greatest extent practi-Eable. 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 supply power to the electric utility grid. The Operator shall submit beneficial use requests to OGED via the 1041 WOGLA Application or the Su-dryamendment process, for review. 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, buildings, the current or future Right-of-Way line of public roads, major above ground utility lines, or railroads. 2 . The Hearing Officer may grant an exception from the surface property line setback if a waiver is obtained from the adjacent Surface Owner(s) . 3. No portion of the Oil and Gas Facility shall be located within twenty (20) feet of the current or future County right-of-way. 4 . No portion of the Oil and Gas Location shall be within the current or future right-of-way of State, County or Municipal roads, or within recorded easements not held by Applicantef-utititie&of-railroads, including ditches and railroads: unless written documentation allowing such disturbance is included in the Application . B. Residential Building Unit. Oil and Gas Location shall be located a minimum of five hundred (500) feet from Residential Building Units . For an exception from the Residential Building Unit setback, the Operator may submit a waiver from each Residential Building Unit owner and/or tenant within five hundred (500) feet of the proposed • )il-and Gas Location to be approved by the Hearing Officer. Alternatively, the Hearing Officer may approve an exception by determining that potential locations outside the 500-foot setback are technically infeasible or economically impracticable and sufficient mitigation measures including, but not limited to, those BMPs listed in Section 21-5-440. shall be employed to protect public health, safety and welfare. See requirements of Section 21 5 440, below . C. High Occupancy Building Unit. Oil and Ga% Location shall be located a minimum of five hundred (500) feet from a High Occupancy Building Unit. D. Designated Outside Activity Area ("DOAA "). Oil and Gas Locations shall be located a minimum of five hundred (500) feet from the boundary of a DOAA. E. School Facility and Child Care Center. Oil-and Gas Location shall be located a minimum of five hundred (500) feet from the boundary of a School Facility or Child Care Center, unless the relevant School Governing Body agrees in writing to the location of the proposed +i aid-Gas Location and the 1041 WOGLA Hearing Officer determines that potential locations outside the applicable setback are technically infeasible or economically impracticable and sufficient mitigation measures are in place to protect public health, safety, and welfare. Such mitigation measures shall be a Londition of Aapproval of the 1041 WOGLA Permit. See requirements of Section 21-5-440, below. F . Existing Oil end-Gas- Locations. Where the Gi-l-and Gas- 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 Oil- anc Gac 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 Page 49 of 76 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 G4-and-Gas 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 O4-and-Gas Locations than otherwise allowed pursuant to a valid SUA or Site-Specific Development Plan (as defined in Section 24-68-102(4)(a), C. R.S., that establishes vested property rights as defined in Section 24-68-103, C. R.S. ) that expressly governs the location of Wells or Production Facilities on the surface estate. Future Building Units shall adhere to setback requirements per Section 23-4-700. Sec. 21-5-440. Mitigation measures for setback exceptions. The following requirements apply to Q4-and Gas- 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 21-5-32O-317 of this Article V, the following mitigation measures shall apply to each and Gas Location that is granted a setback exception : 1 . Noise. Noise levels shall comply with the NL-1 standard during all phases of operation, including but not limited to the Construction Phase and Production Phase. Short-term noise increases shall be allowable as described in Section 21-5-416 of this Article V. 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 Yanks, primary containment vessels and Flowlines and is mechanically connected to the berm to prevent leakage. 3. Remote monitoring and automation . Wells and roduction 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. Flaring and venting. Flaring and venting of gas shall be prohibited, except during upset or emergency conditions or as allowed by the ECMC and the OGED Director. 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. Sec. 21-5-442. Safety requirements. Operators shall comply with state and federal safety rules and regulations as applicable to all Oil and Gas Operations. Operators shall comply with the EAP and TRP ssued as approved by OEM . Page 50 of 76 Sec. 21-5-444. Floodplain and Overlay Zoning District requirements. An Operato - shall comply with Article V and Article Xl of Chapter 23 of this Code if the proposed Oil and Gas 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 Locatior 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. 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 . The Operator shall submit a preliminary drainage report that addressed water quality and detention/retention requirements to-comply with required-Storm Drainage- r-+teria pursuant to Chapter 8, Article Xl of this Code. Additional requirements for Municipal Separate Storm Sewer System ( MS4) areas may be appkcable pursuant to Chapter 8, Article IX of this Code. The following standards shall only apply only to the development of oil and gas exploration and production in the Weld Mineral Resource (Oil and Gas) Area ., and Thesect-andards shall be supported by calculations signed and stamped by a Colorado Licensed Professional Engineer and accepted by the Weld County Department of Pubti€ Vvot nsengin .ering staff. These standards will be applied where surface impacts are identified . Stormwater managemert measures will be based on site-specific conditions. A. Oil and Gas Tank battery secondary containment. When calculating the Oil and Gat, 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 . B. Stormwater Management Requirements Based on Site Specific Impacts. In addition to water quality criteria, the preliminary drainage report 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 preliminary drainage report, the project site's locaticn and topography in relationship to urbanized/developed areas, downstream infrastructure, and other constraints, Weld County engineering staff will determine the need for a final drainage report. In lieu of a final d -ainage study, if required, Weld County would accept sign-off from adjacent landowners, stakeholders, agencies, etc. if the Weld County form is used . If a final drainage study is necessary, the criteria below shall be foil awed : 1 . Detention pond storage volume. 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 i ; 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. 2 . Use of pad as detention/retention. This detention/retention option is thepreferred method for Facilities because of the reduced land disturbance and shall be designed per Chapter 8, Article Xl 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) . Detention pond freeboard. During the Construction Phase, less than one ( 1 ) foot of freeboard may be allowed on a case-by-case oasis, based on site-specific factors. This exception shall be supported by calculations signed aid stamped by a Colorado Licensed Professional Engineer and Page 51 of 76 accepted by the Weld County Department -Worksengineering staff. During the Production Phase, the detention pond shall adhere to Section 8-11-100.A.4 of this Code. Emergency spillway. In order Tto prevent damage to publicly owneddownstream infrastructure ( roads, roadside ditches, brides, 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 : must either be constructed of concrete or galvanized steel sheet pile. Concrete cutoff walls must adhere to Section 8 11 100.A. 7 of t uis Coce. Stee- s -wet pi e cutoff wal s must be not dipped ga vanizec stee of one quarter . 1/4 inches thickness or three (3 ) gauge and extend three (3) fret below the bottom of the pond or per manufacturer's recommencation, w uic lever is greater. f stee sleet pi e is proposec or tie cutoff wa , tie native soils must-be-tested for sulfate levels. If-the sulfate levels are above 1.0%, the sheet pile shall be coated with a corrosion resistant epoxy. 1. Concrete cut-off walls adhering to Section 8-11-100.A. 7 of this Code. 2. 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. 3 . 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. Cr . 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 Department of Public Wocksengineering 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. E. Outlet Structure. Detention ponds may be designed with a concrete outlet structure or utilizing a PVC pipe with water quality and pond release. 1 . Concrete outlet structures shall be constructed as specified in Section 5.10.2.3., of Appendix 8-Q, of this Code. 2 . PVC pipe used for pond outlet and standpipe shall be C900 PVC material. 3. 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. 4. 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 Sec. 21-5-448. Storage of non-essential items. All Oil and Gas Locations shall be kept free of commercial products, Chemicals, materials and other supplies not necessary for use on the Oil and-Gas Location, and Junk and unused Commercial Vehicles as those terms are defined in Section 23-1 -90 of this Code. The burning or burial of any such material and/or items on the _fil and Gas Location is prohibited . Page 52 of 76 Sec. 21-5-450. Equipment anchoring requirements. All equipment at 14a-n-Gas Locations in geological hazard areas and Floodplains shall be anchored . Anchors must be engineered to support the equipment and to resist flotation, collapse, lateral movement, or subsidence, and must comply with all requirements of any necessary geologic hazard recommendations and/or- Flood Hazard Development Permit. 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 ResoJrces, Operators shall plan new transportation networks and new acilities 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. B. Establ sh new staging, refueling, and Chemical storage areas outside of riparian zones and Floodplains . C. Use minimum practical construction widths for new rights-of-way where Pipelines cross riparian areas, streams, and critical habitats. Sec. 21-5-454. Protection of Wildlife Resources. A. The OGED Director, utilizing the referral from CPW, shall determine whether conditions of approval are necessary to Minimize Adverse Impacts from the proposed Oil and Gas Operations in the identified High Priority Habitat. B. In selecting conditions of approval tT he OGED Director and/or 1041 WOGLA Hearing Officer shall consider the following factors, among other considerat :o+nswhen approved a 1041 WOGLA Permit within HPH : 1 . The BMPs for the producing geologic basin in which the O-4-and Gas-Location is situated; 2 . Site-specific and species-specific factors of the proposed new Oil and Gas Location; 3. Anticipated direct and indirect effects of the proposed . .)iland Gas Location on Wildlife Resources; 4. The extent to which onditions of A . .pproval will promote the use of existing i acilities and reduction of new surface disturbance; S . The extent to which legally accessible, technologically feasible, and economically practicable alternative sites exist for the proposed new Oil and-bas Location; 6. The extent to which the proposed Oil and Gas-aoperations will use technology and practices which are protective of the environment and Wildlife Resources; 7. The extent to which the proposed OH and Gas Location minimizes surface disturbance and habitat fragmentation; 8. The extent to which the proposed 'ail and tea-, Location is within land used for residential, industrial, commercial, agricultural, or other purposes, and the existing disturbance associated with such use. Sec. 21-5-456. Requirements in High Priority Habitats. An Operator of an Oil and Gas Location within a High Priority Habitat shall follow the Operator's Wildlife Mitigation Plan, if one is required pursuant to Rule 1201 of the ECMC Rules . Page 53 of 76 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 and Restricted SurfaceOccupancy-Areas, 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 • are greater than five (5) feet in width, Operators shall install wildlife efeccovers- and escape ramps where he-trench-ecesses--well-defined-game trails and at a-Mini-MUM of one-quarter (Y) mile intervals where the trench parallels well defined game trails. 2 . Inform and educate employees and contractors on wildlife conservation practices, including no harassment or feeding of wildlife. 4,, Conso icate new fad ities, w sere practicab e, to minimize impact to wi c ife. Minimize rig mobilization and demobilization where practicable by completing or recompleting all Wells from a given Well pad before moving rigs to a new location . To the extent practicable, share and consolidate new corridors for Pipeline rights-of-way and roads to minimize surface disturbance. Engineer new Pipelines to reduce field fitting and reduce excessive right-of-way widths and Reclamation . 6 i. 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 CPWconsidered critical fish habitat. 78. Operators will Ttreat any Pits, Freshwater Pit{ or open vessels containing water that provides a medium for-breeding mosquitoes- with Bti ( Bacillus thuringiensis v. israelensis) or take other effective action to control mosquito larvae that may spread West Nile Virus to Wwildlife Resources, especially grouse. Such treatment will be conducted in a manner which will not adversely affect aquatic wildlife. 89. Use wildlife appropriate seed mixes wherever allowed by Surface Owners and regulatory agencies. 910. Mow or brush hog vegetation where appropriate, leaving root structure intact, instead of scraping the surface, where allowed by the Surface Owner. 1 ' . Limit access to oil and gas access roads where approved by Surface Owners, surface managing agencies, or Local Government, as appropriate. 11L Post interior speed limits and caution signs to the extent allowed by Surface Owners, as appropriate. 123. Use wildlife-appropriate fencing where acceptable to the Surface Owner. 134. Use topographic features and vegetative screening to create seclusion areas, where acceptable to the Surface Owner. 145. Use remote monitoring of Well production to the extent practicable. 15o. Reduce traffic associated with transporting fluids through the use of Pipelines, large Tanks, MLVTs or other measures where technically feasible and economically practicable. Sec. 21-5-460. Site preparation and stabilization. A. Soil removal and segregation. 1 . Soil removal and segregation on Crop Land. As to all excavation operations undertaken on Crop Land, the Operator shall separate and store soil horizons separately from one another and mark or document stockpile locations to facilitate subsequent Reclamation . When separating soil horizons, the Operator shall segregate horizons based upon noted changes in physical characteristics such as organic content, Page 54 of 76 color, texture, density, or consistency. Segregation will be performed to the extent practicable to a depth of six (6) feet or bedrock, whichever is shallower. 2 . Soil removal and segregation on non-Crop Land. As to all excavation operations undertaken on non- Crop Land, the Operator shall separate and store the topsoil horizon or the top six (6) inches, whichever is deeper, and mark or document stockpile locations to facilitate subsequent Reclamation . When separating the soil horizons, the Operator shall segregate the horizon based upon noted changes in physical characteristics such as organic content, color, texture, density, or consistency. 3 . Horizons too rocky or too thin. When the soil horizons are too rocky or too thin for the Operator to practicably segregate, then the topsoil shall be segregated to the extent practicable and stored . Too rocky shall mean that the soil horizon consists of greater than thirty-five percent (35%) by volume rock fragments larger than ten (10) inches in diameter. Too thin shall mean soil horizons that are less than six (6) inches in thickness. The Operator shall segregate remaining soils on Crop Land to the extent practicable to a depth of three (3) feet below the ground surface or bedrock, whichever is shallower, based upon noted changes in physical characteristics such as color, texture, density or consistency and such soils shall be stockpiled to avoid loss and mixing with other soils. B. Protection of soils. All stockpiled soils shall be protected from degradation due to contamination, compaction and, to the extent practicable, from wind and water erosion during drilling, completions, flowback and production operations. BMPs to prevent weed establishment and to maintain soil microbial activity shall be implemented. C. Drill pod 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 lc cation orders and regulations, in locating drill pads, steep slopes shall be avoided when reasonably possib e. 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 percert slope practical . Where feasible, Operators shall use horizontal drilling to reduce cumulative surface impacts and Minimize Adverse Impacts on Wildlife Resources. D. Surface disturbance minimization. 1 . Ii 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 Mminimize rosion, alteration of natural features, removal of surface materials, and degradation due to contamination. 2 . Operators shall avoid or Minimize Adverse Impacts to wetlands and riparian rabitatszones to the cegree 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 cumulative-other surface impacts. 4. Access roads. Existing roads shall be used to the greatest extent practicable to ri ,inimize ._'rosion and minimize the land area devoted to Oil and Gas Operations. Roadbeds shall be engineered to avoid or Minimize Adverse Impacts to riparian areas zones or wetlands 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 original 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. Page 55 of 76 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 car igr to the commencement of construction operations, including topsoil restoration and protection . B. Surface Owner Reclamation release form. The Surface Owner has the right to waive Reclamation requirements set forth in Sections 21 -5-460, 21-5-464, and 21-5-466 of this Article V, unless such Reclamation is deemed necessary to protect public health, safety and welfare, environment and wildlife of Weld County, as determined by the OGED Director. 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 E-ceshwater or-P-r-oductfen-PendsPits, cellars, rat holes, and other bore holes unnecessary for further Oil and Gas Ooperations, will be backfilled as soon as possible after the drilling rig is released to conform with surrounding terrain . On Crop Land, if requested by the Surface Owner, guy line anchors shall be removed as soon as reasonably possible after the Completion rig is released. When permanent guy line anchors are installed, it shall not be mandatory to remove them, unless requested otherwise by the Surface Owner. When permanent guy line anchors Ore =nstatledremain on Crop Land, care shall be taken to minimize disruption erto cultivation, irrigation, or harvesting operations. If requested by the Surface Owner the anchors shall be specifically marked, in addition to the marking required below, to facilitate farming operations. All guy line anchors left buried for future use shall be identified by a marker of bright color not less than four (4) feet in height and not greater than one ( 1 ) foot east of the guy line anchor. B. Interim Reclamation requirements and timelinesof oreos no longer in test. 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 Mminimize t : rosion to the extent practicable. As to Crop Lands, if subsidence occurs in such areas additional topsoil shall be added to the depression and the land shall be re-leveled as close to its original contour as practicable. Interim Reclamation shall occur 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 Sundry to the OGED Director requesting an extension due to conditions outside the Operator's control . Areas reasonably needed for production operations or for subsequent drilling operations to be commenced within twelve ( 12) months shall be compacted, covered, paved, or otherwise stabilized and maintained in such a way as to minimize dust and erosion to the extent practicable. C. Compaction alleviation. All areas compacted by drilling and subsequent Oil and Gas Operations which are no longer needed following completion of such operations shall be cross-ripped . On Crop Land, such compaction alleviation operations shall be undertaken when the soil moisture at the time of ripping is below thirty-five percent (35%) of field capacity. Ripping shall be undertaken to a depth of eighteen (18) inches unless and to the extent bed rock is encountered at a shallower depth . 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. AM 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 /deeds, and to minimize erosion . Any perennial forage crops that were present before disturbance shall be re- established, if acceptable to the Surface Owner. 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 Page 56 of 76 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 rig demobilizationinterim 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 ni ' 11inimize 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 rAeeds. Re-seeding alone is insufficient. 3. interim Reclamation completion! notice. The Operator shall notify the OGED Director upon completion Commented [KH1 ] : Notices to align with Sec. 21-5-350W of interim Reclamation pursuant to Sect on 21-S- S5350.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 rive 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 a drill sitethe Location, the —emporary access will be reclaimed in accordance with Chapter 8, Article XIV of this Code. 5 . Weed control. All areas being reclaimed shall be kept as free raf Weeds as practicable of Kochia and Russian Thistle and all plant species desianated_ 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 \ieed infestations. If necessary, the OGED Director may require a Wweed control plan . Sec. 21-5-466. Final Reclamation . A. Well Sites, associated Production Facilities, and occess 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 . AM 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 . i . r i }, , 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 allevia_ion, 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 above. 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 21-5-448sha11 be performed in accordance with applicable local, state, or federal Solid Waste Disposal regulations. In addition, material may be burned or buried on -the premises en1y with-tha prior-wri-ten consent-of-the- Surface Ownec . After plugging the final Well on Location or final closure of associated Production Facilities, all such Reclamation work shall be completedcommence within three (3) months on Crop Land and twelve ( 12 ) months on Non-Crop Land. The Page 57 of 76 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 wa- the-Sundry-Process. B . Final Reclamation threshold for approval and release. Successful Reclamation of the Well Site, associated Production Facilities, and access road means: 1 . On Crop Land, Reclamation has been performed to the standards established under Section 21-5-464 and there has been no significant unrestored subsidence over two growing seasons. 2 . On Non-Crop Land, Reclamation has been performed to the standards established under Section 21 -5- 464 and disturbed areas have been either built on, compacted, covered, paved, or otherwise stabilized in such a way as to Mminimize Eerosion to the extent practicable, or a uniform vegetative cover has been established that 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. FheOperator shall consider the total cover of live perennial vegetation of Reference Area, not including overstory or tree canopy cover, haviogsimi-lase4s;--sfope-an4aspect-ef-thereclaimed-area. 3. Disturbances resulting from Flowline installations and/or removal shall be deemed adequately reclaimed when the disturbed area is reasonably capable of supporting the pre-disturbance Land Use. 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 of Weeds 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 vveed 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 Commented [KH2]: Notices to align with Sec. 21-5-350 Section 21 -5-- 5--5350.A.2 ., upon completion of the requirements outlined in Section 21-5-466.C --abeve. 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 . Each photograph shall be identified by date taken, L ocation name, GPS location, and direction of view. a . The final Reclamation revegetation threshold of eighty percent (80%) of pre-disturbance levels on Non-Crop Land may take longer than two (2 ) growing seasons. If this is the case, Operator or their consultant shall submit annual reports to the OGED Director detailing the revegetation efforts and success thereof. Once the eighty percent (80%) threshold is achieved, the OGED Director may consider the final Reclamation release request. Page 58 of 76 2. Where-necessary, ti he 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 ocation . The OGED Director shall review the request and determine if Reclamation will be necessary to protect ; H* public health, safety and welfare, environment and wildlife of Weld County pursuant to Section 21 -5- 4620.B. Upon the OGED Director's approval, the Surface Owner Reclamation release form shall be placed of record with the Weld County :lerk 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 irsufficient 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 L ocation . 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 aApproval, or the Development Standards contained herein shall be subject to a financial fee, assessed daily from the date of notification by the OGED Director, pursuant to Appendix 5-D of the Weld County Code. The OGED Director shall also utilize Appendix 5-D when assessing fees due to enforcement actions. 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 ar order issued by the 1041 WOGLA Hearing Officer, the Applicant shall submit their request to the OGED Director via the sundry 1)uoderamendment Pprocess. A subsequent hearing shall be required for the Hearing Officer to consider a variance, 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. Sec. 21-5 500. Approval of an Oil and Gas Solar Energy Facility (OGSEF) , An OGSEF may be submitted for consideration as part of a 1041-WOGLA Application . n addition, tie OGED Director sia lave aut 'ority to approve an OGSE = wit lout nearing, via tie Suncry Process, if he or she is reasonably certain that the requirements-, standards, or conditions-of approval for the OGSEF have been or may be met. Sec. 21 -5-505 . Submitta requirements for Oi anc Gas So ar Energy Faci ities iOGSEFi, As part of the Application or Sundry Process, the following submittals and standards are required for an OGSEF : A. A Project Narrative, wiici wi inc ude information about tie _ocation anc prior permitting activity, information-about tie soar array and tie metioc o= construction, acreage needec for tie OGSF, inducing new disturbed and interim reclamation acreage, and basic information about hours of construction, including anticipated noise and lighting impacts. 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We)! cev oyl jooid Jo 'Al!1!ln oppola aqi ql!m luawaai5e uo!loouuooaalu! aqi 4o Ado) v •luawaaJ5v uo!loouuooJalui _0 •algeolldde 4! 'slualxa Aem jo ly5!a peon AlunoJ aqi pue-auoz v190M "WIT ay-3 ut -sivawnuow-Aatuns Aue Sutmot's JoAanaos-teuo!ssajoid--pasue3tt--e Aq padw-e3s e aq eus 5u!meip s!t, i •sluawanoadw! a q!s!n e Jo; uo!1eoo- se9 pue 10 3(4 woiJ 5u!ieaq alew!xoadde pue secuels!p leluoz!goy-apnlou!-o - a5ewHetiae pate-as q1!m 5utm-eap patens c aq iieys 11 'auoz-v9-90AA l ppl aqi u!yl!m sluawanoiew! a q!s!n e /kr!Tuap! 01 s! 5u!meJp uolleoo at.. 4 o asocinc atri •5utMefp uotleool •D •iagwnu uoildaoai pilen e y1!m 5uote 'a3t##e-s iepioaad pue vain A1ueep--ptaM aqi tt M paooa -ue-Tuawaoi8e ayl jo Aiewwns e apn ou! Aew an!le»ew 3oatoic atr3 `vns at. l .o Ado) e 5u! o!AoJd _o no! u •lueo! cdv oil pue paleoo aq-wit j3s90-aqtaiaqt1A Al1adold 3y3 #o-!awns-attl-uaamlaq-lttotuael e rattle-ie tvnS) luawaaiSv osn aae tfl5- K. - Weed Mitigation Plan. T-he-Weed-Mitigation Plan-shalt be-provided-at the time-o€-OGSEF application submitta , w iicn inc uces a c escription of t lose met lees by wiici tie App icant proposes to contro weees which may-grow-upon the Impac-t-ed-Area,-and-how they-will-be mitigated . Floodplain Mapping. On the map-of-the-base-area, or another-appropriate map-indicat-e-any floodplain associate& wit i tie proposa . Documentation of tie iistorica ftooc ing activity shou c be inc ucee. Detail potential, adverse impacts related- to the associated floodplain. (Note: If the OGSEF-locaation4s within a Specie F ooc nazarc Area identifiec by maps afficia y adoptec by Wed County, a F ooc hazard Development Per (FHDP) is required prior to a bu+Jding-permit--The FHOP-+s-issued by-the-Weld-County Department of Planning Services pursuant to Artic e XI of Chapter 23 of tiis Code.) M . A Decommissioning/Rec amation P an. A Deccmmissioning/Reclamation Plan shall be provided at the time of OGSEF application submittal which will be signed by the party responsible for decommissioning and the landowner (if different), addressing the following: I.- Decommissioning/reclamation shall be completed within three (3) months on cropland, and twelve ' 12) months on non-cropland after power procuction las permanent y ceasec . Tie OGED Director may grant-an -extension where unforeseen ci-cumstanc-e& are-encountered, but every reasonable-effort-shall oe mace to compete Rec amation before tie next -oca growing season. Sun request s la be mace, in writing, to the OGED Director via the Sundry Process. 2._- All non-utility-owned equipment, conduits, structures,-fencing--and foundations to a depth of at-least three {3) feet below grade shall be remcved . 3. A fences, grave ec areas and access roacs sia be removec un ess ancowner agreement to retain is presented-+n-writing, in which-theproperty-owner agrees for this to remain. 4. Property- shall-be restored to a conditior reasonably-similar to its condition prior-to development of the OGSE-S S. -he developer or owner of the OG-SEF is responsible for the decommissioning. 6. Decommissioning/rec amation cost estimates, wiici shall be updatee every five (5 ) years from the establishment and submitta o= tie Security, sia inc•uce a costs associated with the dismantlement, recycling, and safe disposal -of facility components and site reclamation activities, including the following elements: a. All labor, equipment, transportation, and disposal costs associated with the removal of all facility components from-the facility site; —All costs-associated with-full reclamation of the facility site, including-removal of non native-soils, fences, and constructed access roads; c . All costs associated with reclamation of any primary agricultural soils at the facility site to ensure each arcs--of-direct--impact-sha-ll-be materially-similar to the condition it was before c-onstruction d. All-dec-emmissioning/feclamation-activity-management, site supervision, and site safety-costs; Any other-cests,-including-administrative`costs;associated with the decommissioning -and reclamation of the facility site; and f The estimated date of submission of the Security to Weld County. 7. Prior to construction, an irrevocable star dby letter of credit, bond, or alternate form of Security in an amount sufficient to fund the estimated decommissioning/reclamation costs required by this Code. The Security shall : a: —Name-the-Boardo€-County Commissioners of Weld County as the sole- beneficiary of the-letter of credit; Page 61 of 76 b,--Be issued by--an-A-rated-f4nancial institution based upon a-rating provided by-S&P-; -Meody's, Fitch, AM Best, or other rating agency with similar credentials; c. Inc•uce an automatic extension provision or "evergreen cause"; and d- Be "bankruptcy remote," meaning the Security wi be unaffectec by tie bantruptcy o' tie OGSEF operator: Weld County, in its sole discretion, may approve alternative forms of Security such as, but not limited to: bonds, letters of crecit, corporate guarantees from e ectric uti ities serving tie County, or otter securities, if it finds that such alternative forms will provide an-assurance of the availability-of-financial resources for decommissioning/reclamation- that equals or exceeds that provided by the form required herein: 8. Access to cecommissioning/rec amation fune. Wed County sia lave the rig it to craw upon tie irrevocab•e stancby •etter of crecit, or otner form of financia security, to pay for eecommissioning in tie event tiat tie io cer •gas not commencec cecommissioning/rec amation activities wit ninety (901 days of the Board of County Commissioners' order-or resolution-directing decommissioning/reclamation. N . Statement of Transportation Construction Impacts: 1. Describe w -at impacts construction o' tie pro.ect wi nave upon transportation patterns in the area intended-to-be served$r-affected by the proposal. 2. Describe -the potential-construction impact on roads-within the-County. 3. A haul route map-and -agreement to mitigate construction traffic impacts to the area surrounding the proposed OGSEF may be required. The following Development Standards are required for an OGSEF : A. --eigit imitation. Grounc mountec soar co ectors sla not exceed twenty five (25) feet in height, measured-from-the--highest-grade below--each solar panel to-the highest-extent of-the -solar panel, or their rotation. B. Glare. A OGSEF shall be designed and utilize equipment which limits glare onto nearby properties or roadways at--any time of the day: C. Setbacks. The Impacted Area-for an OGSEF shall-conform to the setback requirements of-the underlying zone. Additionally, the improved area must be at least five hundred (500) feet from existing RBUs and resicentia •ots of a p attec subdivision or p annec unit ceve oprnent. Tie RBU setback requirement may be reduced if appropriate screening through landscape or an opaque fence is installed, or upon submittal to We c County o' a waiver or in=ormee consent signec by tie RBU owner agreeing to tie •esser setback. f landscaping Of opaque fencing is substituted-for setback,-a-landscaping plan-or-fencing plan-shall first be submitted to, and approved by, OGED. D. Dust mitigation. Tie operators o' tie OGSEF s la continuous y emp oy tie practices =or contro o' `ugitive dust eetai ec in t left oust mitigation p an submittee as -required by Section 21 5 505.. , above. E. Underground-cables-.--AIlelec--trical--cables- on-the-improved-area-sha be buried, except-for-direct current string wires that connect between solar collectors, direct current collection circuits between rows of solar arrays that are no more than four 44)-feet above grade crossings, substations, switchyards, and -circuit voltages greater than 34 .5 kilovolts (where necessary). F. Fencing. The-OGSEF sna be enc osee wit , a security 'ence as approvee pursuant to a 'encing pan submitted to- OGED. Page 62 of 76 G. Storrr. water-management. The Operator-oft he-OGBEF shall-submit a drainage report-to-comply-with-required Storm Drainage Criteria pursuant to Ciapter 8, Artic-e XI of tiis Coce. Adeitional requirements for Municipal Separate Storm Sewer-System (MS4)-areas may be-applicable-pursuant to-Chapter 8, Article IX of this-€ode. Ground mounted so ar col ector systems s is be exempt from impervious surface ca-cu ations if tie soi- under-the-col•lect-or-s--is-4es+gnated-hydrologic A ocB soil-groups-by-the Natural-Resources Conservation Service (NRCS). b#: Access permit. The OGSEF shall utilize the same approved access point as the Oil and Gas Location. • . Commented [BC3] : Strike all of Article 6 and anything pertaining to the LAP 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. Rater, trey are acoptec pursuant to Wee County's and use authority grantee in tie Cooraco Loca Government Lane Use Enabling Act, Sec. 29 20 101 et-seq.,-C.RS.;-the-County Planning-and Building--Code statutes set forth-Title-30, Article C.R.S.; the powers anc aut-iorities conferred upon nome rule counties set forth in Title 30, Article 35, C.R.S., inducing 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 24- Sec. 21 -6 10. Definitions, Tie foI owirg terms specific to tie cesignation of site se ection and construction of Pipelines Petro-eum Products shall be construed to have the meanings set forth as follows: A-PPLIC-A-N - means-the-person or entity- who applies-for--a LAP Permit. The Applicant-may-be referred-to-herein-as o-herein-as the "LAP Permittee" or "Operator" . APPLICATION: means tie LAP Permit app 'cation =i ee by tie Applicant pursuant to Section 21 6 120 of this Code and may als3-be-referred to-herein-as-the-"Loc-ation--Assessment-for-Pipeline-Permit Application,-or LAP-Permit Application". AUTHORITY HAVING JURISDICTION: means any otier entity w iic z may lave :uriseiction over a certain area or may own-or-operate-certain-features affected-by-the Application.--Certain-examples may include the-State-of-Colorado, municipa ities, metro c istricts, or c itci companies . Autiority Having Jurisdiction may a so be referrec to herein as "AHJ. " " BEST MANAGEMENT PRACTICES (BMPS): means practices that are designed to prevent or reduce impacts caused by-Pipelines or Pipeline construction to air,-water , soil-roc biological resources, and to Minimize Adverse Impacts to pub is nea ti, safety and we fare, incucing tie environmenta anc Wi-c ife Resources. BOARD OF COUN-TY COMMISSIONERS: may also be referred to herein as "BOCC" or "Board". CDPHE: means the Colorado Department of Public Health and Environment. CONSTRUCTON PHASE: means all those activities related to the LAP Permit prior to the Pipeline being put in service, incicding-but-not limited-to-clearing-and grubbing;-trenching,-stringing--ofpipe,-laying of pipe,-welding, backfilling, and reclamation pursuant to Section 21 6 345. Construction Plase coes not inc•uce activities suci as surveying,- sta king,etc C-42-1.4/: means Colorado Parks and Wildlife. Page 63 of 76 CROP LAND-:--means lands which are-cultivated, mechanically or manually-harvested, or irrigated for vegetative agricultural production, excluding range land . FLOODPLAIN: when used in this Article VI, shall have the same meaning as the definition included in Section 23 1 90. HIGH PRIORI-T-11-HABITAT: means the high priority wildlife-habitat areas in Weld County identified in Rule 1-203 -of the Colorado Oil and Gas Conservation Commission Rules. LAP PERMIT: means a Location Assessment for Pipeline Permit issued pursuant to this Article VI, and may also be referred-to- herein-as "L-AR". LOC-AL-GOV-ERNM€NT: means a county-{in this Article VI other than Weld County}, home-rule or statutory-c-ity, town, territorial charter city or county, or any special district established pursuant to the Special District Act, Sections 32 1 101 to 32 11 807 ;2013) C.R.S, waicn is orated witnin tfree ( 3 mi es from eit ier side o' tie permanent easement for the Pipeline. MI-NIMIZE ADV€R-SE means-wherever-reasonably practicable, and taking-into consideration cost effectiveness, technical feasibility and the Deve opment Stancarcs set 'on i in Division 3 o' tiis Artice Vt, to avoid adverse-impact-s-te-public healthy safety; environment and Wildlife Resources, including-cumulative impacts-where practicable. Operators shall minimize the extent and severity of those impacts that cannot be avoided considering suci minimization is reasonab y practicable, ta<es into consiceration cost effectiveness, anc is tecinica ,y feasible. NON CROP LAND: means all lands--which are not-defined as Cropland, including range land: OGED: means the-Oil and-Gas Energy--Department: OG€D-DJREETOR: means the Director of-theOil and Gas Energy--Department, or-their designee. OPERATION AND-MAINTENANCE PHASE: means the activities-assoc-iated--with the daily operations, routine upkeep, norma repairs, parts reo acements, and other activities required to preserve a ipe ine so tnat it continues to function-safely, as-intended, and to-allow it to reach its expected life. OPERATOR: means any Person wio exercises tie rig it to contro tie concuct o' Pipe ines Petro eum Products. An Operator may be an Applicant for a LAP 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 submitted an Operator Registration to t ie OGED Director. Operator Registration s is be comp eted on a corm providec by OGED and shall-be-kept on record se-long--as-the Person, company or other entity has operational Pipelines-m--Weld County. OVERLAY ZONING DISTRICTS: when used in this Article VI, shall have the same meaning as the-definition included in Section 23 1 90. PERSON: means any natural-person,--corporation, association, partnecshipeceiver, trustee, exec-motor; administrator, guardian, fiduciary, or other representative-of-any kind. PIPELINE PETROLEUM PRODUCTS: 'or tlis Article V , any pipe ine anc appurtenant `aci ities (w let ier undergroun4ouabove-ground) ca-pable of-transporting natural-gas, which-is-twelve4-123inches in diametereir arger, or of , inc using otner petro eum cerivatives, wilds) is tiirteen ' 13) inches in diameter or larger, as measured -from the outside of-the pipeline,-regardless of hoop stress.. Pipeline Petroleum Products may-also be referred to in this Article VI as "Pipeline". PIPELINE ROUTE: means the permanent easement within which the Pipeline is located, may also be referred to herein as "Permanent Easement" or "Route". RECLAMATION: means tie process of returning or restoring tie surface of cisturbec anc as near•y as practicab e to its -condition -prior to the commencement--off-Pipeline construction-activity, or-to-landowner specifications. Reclamation standards are detailed further in Sec. 21 6 3454,)1 th-ic Article VI . Page 64 of 76 REF€R€ E-AR€A - means an area either ( 1) ofta portion of the-site that will not be-disturbed by the-Pipeline, -if--that is tie cesirec 'ina Rec amation; or ;2 s anot ter •ocation tiat is uncisturbec by Oi anc Gas Operations anc proximate and-similar to a proposed Oil and Gas Location in terms of-vegetative potential and management, owned by a person wio agrees to allow periodic access to it by tie OGED Director ane tie Operator for the purpose-of-providing baseline information for-Reclamation-standards;and intended to reflect the desired final Reclamation. RELEASE: means any unauthorized discharge of Pipeline products to the environment over time. SPILL: means any unauthorized sudcen cisclarge of Pipe ine procucts to Me environment SUNDRY FORM: means a multipurpose form supplied by the OGED used by the Operator to request approval of proposed amendments or provide notice of various operations on any LAP Permit. it may also be referred to herein as "Sundry" or "Amendment". SURFACE OWNER: means any person current y owning a or part of tie surface of anc upon w lien Pipelines are kocated, as siown by tie tax recorcs of tie county in wile-) tie tract of anc is situatec , or any person wit , sue i rights-under a recorded-contract to-purchase WEED: means- any undesirable fit: WILDLIFE RESOURCES: means 'isn, wi c late, arm t ieir aquatic arm terrestria habitats. A. A Loction Assessment for Pipeline (LAP) requires additional consideration to ensure the Pipeline is deve opec in a manner that comp ies wit , various Deve opment Stancarcs set fort -) in Division 3 of t is Article--V4.-The LA-P-Permit-is-designed-to-protect a-nd-promote the health, safety-,-and-welfare-of-Weld County's citizens, environment, and wildlife. 8. A LAP Permit is required for the location or construction of Pipelines in all zone districts. Any expansion, relocation or enlargement of a Pipeline-shall be-treated--a-s a new-Use and-shall-require a -new-Application under the provisions of this Article. C. No Pipeline shall be constructed in any zone district until a LAP Permit has been granted by the OLEO Director or the-BO-CC. i3: No-LAP-Permit-shall be required-for-ordinary--repairs-and maintenance of Pipelines previously-constructed under Use by Rig it, Use by Specia Review or pursuant to tiese regu ations, so Song as suci repairs ane maintenance are performed within-the eas-ements er-right-of way-associated with the-Pipeline-and--de--not have tie effect of expanding or enlarging the Pipeline. LAP Pcrmits do not include pipelines used for the sole purpose of transporting Produced Water or Oil and Gas Support and Service uses as defined in Section 23 1 90. F Any Person fi ing an App-ication =or a LAP Permit s la comp y wit , tie procecures and regulations as set forth in this-Article. v. --Applications -€or a--LAP shall be-completed as set forth-in-Section 21 6 22-0 below-.-The completed Application and associated fees shall be submitted to the OGED Director. it . Tie review, consideration anc issuance o' a LAP Permit is an acministrative orocess arm is exempt rom tie definition-of-Development set -forth-in the-agreements-contained +n--C4 a-pter49-ofthe-Weld-County C--ode. i . — Beginning--Oc-tober-17-2018, all-easements---obta-i+ned-for-a-Pipeline shaft-Bloc-aced-outside the existing and future road right of way as depicted on the Weld County Functional Classification Map, except at approved rig it-of way crossings. A Pipe ine permittec after February 1, 2019, wiici i is erroneous y ocatec wit in-an easemnt obtainec on or after October 1, 2018, anc wit uin an existing anc/or future rig it o= way, s la be moved at the expense of the Operator and/or LAP-Per-mittee-upon-receipt of-notice by Weld-County of its intent to improve or construct a roadway within the right of way. 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The foilowing supporting documents shall be submitted as a part of a LAP Application: A. A Location Assessment for Pipe ine App ication sla be submittec to tie OGED Director bye ectronic mai . 1 . App 'cation. A LAP App ication on tie current form supp iec by OGED, s la be fully completed and executed--by-the-Applicant. If an authorized legal-agent-signs-the Application on-behalf of the tic-ant, evidence of power of attorney or other authorization must be provided. 2 . Summary Requirements. The Applicant shall provide a summary statement of the project, to include, the following: a. A genera oescription of the Pipe ine, inc ucing tie product(s) or substances) being transportec, the-source and-terminus or end point, the-total length of route, the type- of pipe including-width; and any supporting equipment involved. b. A description of the Pipeline Route and reason for its selection. c. Procedures to be employed to Minimize Adverse Impacts of the proposed Pipeline Route: ci An out ine of tie p annee Construction Plase, inducing tie startup and commissioning sciecu e, to-include the number-of-stages-and timing-of each.The Count-y-ack-newledges that this outline-is subject to change, due to factors including, but not limited to, contractor availability, weather, ability to close right-of-way tracts, and the timing of-third-party-facility-completion. a-- - ---Information-on any-public meeting conduct-to-include tt,e-location, date, time, attendance, and metiod of aevertising. Suci meetings are not requirec but are recommendee by tie OGED to-en-courage communication between an Applicant-and the community. f. A description of the hazards, if any, such as fire, explosion, or other dangers to the health, safety, and welfare of the Operator's employees and the public. g— A cecommissioning pan to accress wiener or not tie Pipe inc wi be removed from the ground and if not, how the Pipeline will be properly cleaned, capped, and maintained. 1. A cescription of any 'au routes i uti izec curing tie Construction P lase, identifying tie roars and bridges-involved, expected--traffic volumes -and the weight-of-the -loads-: Any other information determined to be necessary by the OGED-Director to ensure-the protection of the health, safety, and welfare of the residents of the County. 3. evidence of Compliance. The Operator o= tie Pipe inc s provice Best Management Practices :,BM-Rs) 4Iustrating--how the-health,-safety;arid-welfare-of-Weld County's citizens, environment,--and-wildlife-will 3e protectec . Tie Operator s is cemonstrate comp lance wit i tie LAP Deve opment Stanearc-s as defined in Division 3 of this Article VI. The Operator shall provide a narrative within the Application, addressing each of the following items: a. A statement low tie design one Route o' t -ie proposed Pipe ine Minimizes Ac verse mpacts on the surrounding-area:-All reasonable efforts have been made to avoid- irrigated cropland. b. A statement low Pipe ine wi not lave an undue acverse effect on existing and future development of the surrounding Land Uses. c. A statement low tie cisturbec area sla be maintainec ci ring tle Construction Thase by the Applicant in such a manner to control-soil--erosion,-dust, and the growth of Weeds. Page 67 of 76 d.- A statement how-the_-Applicant has agreed to implement ahy-reasonable measures deemed necessary by the County to ensure tie lea ti, sa'ety anc we :are o= its resic ents, anc to Minimize Adverse Impacts-from the proposed--Pipeli e.- A statement how all r asonable alternatives-to the proposal-have been-adequately-assessed, and the proposed action is consistent with the best interests of the people of the County and represents a balanced useof resources in the-affected area. €— A- statement-howthe-construction of the Pipeline-will-not-unrea son ably-+nter-€erewith--any significant wi clife iabitat and wi not unreasonab y affect any encangered wi c ire species, unique-natural resource, known-historic-landmark-or- archaeological site-within-the affected area. g . A statement how the Pipeline or the construction thereof, will cause no adverse impact to the pub-ic rights of way anc/or surrouneing properties cue to stormwater runoff. h— A statement that provices evidence of comp lance wit i tie requirements 4or a stormwater construction permit from-CDOPHE. i. A statement low tie App icant wi mitigate con= icts wit i any mutua irrigation citci anc/or structures used-to transport-water within the easement or right-of way of the Pipeline or crossed by-the proposed Pipeline. I. A statement how the Applicant will mitigate conflicts with any utility company which may be impacted by the-Pipeline. B. Attachments. The following shall be attached to the Application : 1 . -Property-Owner Notification Spreadsheet. The-property owner-notification-spreadsheet-shad-be-a list owners to be noticed of tie LAP App ication subrnitta . Tie source of sun ist s is be tie recores o ' the Weld-County-Assessor. The Applicant shall certify that such-list-was-assembled within -thirty- (30) days of the Application submission date, via the Affidavit of Interest Owners Surface Estate form. The spreacs feet s is be submittec e ectronica y in a Microsoft Exce 'ormat uti izing tie temp ate supplied by OGED Director. The spreadsheet shall include the following information: a. Tie name anc mai ing acc ress of a Surface Owners ane surrouncing property owners w lose parcel(s) are within one hundred fifty ( 150) feet from either side of the permanent Pipeline easement. The spreadsheetshall-identify those owners who arebirectly impacted -by the Pipeline Route and indicate the existing Land Use of those properties. b. The associated parcel number(s) and legal description. c. If applicable, reception number of recorded easement(s). 2 . Evicence of Easements. Easements or rig its of way for tie Pipe ine Route or a otter signec by tie Surface Owner acknowledging--that-the Applicant-is currently-+n-good faith-negotiations may-be provided. This includes owners of surface properties, irrigation ditch companies and/or affected irrigation ditch- easement owners of record at the point-crossed by-the Pipeline. lf-easements-or rights- of way for the Pipeline Route are not secured at the time of Application submittal, a statement that the Applicant is currently-in-good faith nqgotiat4ons with parties, identified above, shall-be-provided, 3. Draft Maps. The draft maps shall be in electronic form. a. Vicinity Map. The purpose o' tie vicinity map is to cisp ay tie proposec Route within the County and- its relationship to municipalities, major water features, irrigation ditches, major transportation features, anc any Over ay Zoning Districts or Specia F ood razard Areas icenti=ied by-the-maps officially-adopted-by-Weld--County--pursuant to Articles V-and-X -of-Chapter 23 of this Coce. Tie vicinity map sha be at a suitab-e sca e o= 1" - 2,000' minimum or as otherwise approved- the OGED. Page 68 of 76 b- Detailed-Map. The-purpose of the detailed -map is-to-illustrate the-recorded-or-planned easements zor tie Pipe ine Route, any above ground appurtenances and uses, including, but not limited to, valve sites, laydown yards, parking and staging areas, and-both- temporary-and permanent access points. Tie eetai ed map sia be a topograpiic map showing contours at intervals no greater-than ten (1O)-feet. Die-Route shall be displayeden-a 1 :200 scale map.The map sha identify tie fo Towing features: property ines, roads, existing and future public right of way, existing-utility-easements, irrigation--ditches, and any significant man made features. c._--Upon-approval of-a LAP -Permit-final-maps--shall be-submitted pursuant to Sec. 21 6 240: Additional-Weld County issued permits and agreements. The-following-permits and agreements may be required either for the issuance of a LAP Permit, or after approval of a LAP Permit: 1 . An Emergency Action Plan (EAP) is required for a LAP Permit. The Applicant shall complete an EAP on tie temp ate providec by tie Office of Emergency Management (OEM). OEM wi consu t wits tie ocal fire district on behalf of the Applicant. 2. An-ac-cess permit(s)4s required for-a. LAP P-ermit he Applicant--sha-ll-complete-an Ac-cess- Permit application provided by the Department of Public Works, pursuant to the requirements of Chapter 8 of this Code, 'or new access points and/or submit evidence o ' an existing Access Permit's:, permittee in :ne Applicant's name. If tie access point is under tie jurisciction of tie Co orado Department of Transportation or a Local Governmentother than-Weld-County, proof of-access granted by such Local Government or Authority having Jurisdiction is required prior to construction. 3. A Road Maintenance Construction Agreement (RMCA) may be required for a LAP Permit. Following sub, i-ttaa-of-a-lam Application, the-RMCA-shall--be-p-repared by-the-Department of Public-Works and sent to tie App icant for execution prior to tie LAP Approva . f app icab e, tie App icant s la execute are RMCA as provided-by the Department of-Public---Works-pursuant-to--the requirements of Chapter 2-ef this Code. 4. If tie Pipe ine is ocatec within a Specia F ooc nazarc Area icentifiee by maps officially adopted by We c County, a F oo& Hazarc Deve opment Permit 'F-DP) is requires 'or a LAP Permit. Tie FFnDP is issued by the Department of Planning Services pursuant to Article XI of Chapter 23 of this Code: 5-- - - if applicable;-Building-Permits-kissued-by-the Department-of-Planning-Services, shall-be-obtained pursuant to Chapter 23 and Chapter 29 of this Code. 6. If applicable, Right of Way (ROW) Use Permit(s), issued by the Department of Public Works pursuant to Article-X444---of-E-hapter 8 of this Code, are required for-any-work occurring within County ROW. No work witnin County ROW sia occur wit lout suci ROW Permits being issuee. 7. f app icab e, a Specia Transport permit sia be obtainec . No vehicles associated with the LAP may exceed-legal-per-aweigh-t-limits-and/or legal-size-limits--as--yet forth in Article--XV of Chapter--8--of--th-is Coee, un ess Specia Transport permits lave been app iec 'or anc grantee by Department of Pubic Works. Additional-if-formation-may be required by-the-OGED Director, resulting from consultation with referral agencies and/or the public. Sec. 21 6 230. OGED review of App ication anc issuance of LAP Permit, The OGED D rector shall review the LAP Application to determine if it follows sound Land Use planning, is complete, and in compliance with the Deve-opment Standares set 'ort i in Division 3 of t uis Artic e V Sun review shall occur within seven (7) business days of the filing of the Application . Upon completeness determination, the OGED Director shall-: A. Process; -refer and notice the Application-no-more than ten ( 10) days after determining-the-Application -is complete. Page 69 of 76 1-. --Refer the Application to the following- agencies,, pplic-able, for review and comment. The-agencies namee sia responc wit uin twenty eig it (28 i days from tie mai ing of tie App ication by tie County. The failure of-any-agency to respond within twenty eight {-28) days shall be deemed to be-a-favorable response to OGED. The reviews ane comments so icited by tie County are intencec to provide tie County with information about the proposed-Pipeline. The reviews and-comments submitted by a re`errat agency are recommencations to tie OGED Director anc, as appricab e, tie BOCC: a. The LGD, p anning commission or governing body o' any Loca Government(s) whose boundaries are within three (3) miles the Pipeline; b. The Departmentof- P-ubl-ic Health and Environment. c. The-Department-o€-Public—WorJs, d. The Office of Emergency Management. e. The Department of Planning Services. 1. -Colorado Parks and Wildlife, g. The Colorado Department of Transportation . h. The appropriate fire district(s). i. Any irrigation citci company wit 's irrigation structures of recore tiat cross, are witnin, or adjacent to, the Pipeline easements. j. - Any- utility company with easements of record-which cross or are within-the- Pipelineeasemen-ts, It - -Tommy other agencies or individuals to whom the OGED Director deems a referral nec-essary. 2- - Send notice of a LAP Application to Surface Owners-and-surrounding property-owners within one hundred fifty (150) feet from either side of the-proposed Permanent Easement for the Pipeline. Such notification shall be sent by-First Class Mail-by--Oa-D Such notice is-not required by state statute-and is provides or informationa purposes on y to Surface Owners and surrounding property owners. nadvertent errors by tie App icant in supp ying suci fist, or tie OGED in sencing suci notice, sia not ercate a jurisdictional defect in-the review/hearing process even if such error results in the failure of a Surface Owners or surrounding property owner receiving such notification. B. Prepare OGED staff report confirming that a requirements lave been satisfied anc tie LAP Permit Application is in conformance with-the-Weld County-C-ode-+n-effect at the time-of filing-of the Application: Tie report sna incfuse a comments receives from agencies to wnici tie Appication was referred. F. Make a determination of the Application within sixty (60) days of a complete Application . 1 . If OGED Director determines that the Application provides sufficient evidence that the Development Standards-set forth in Division 3 of this Article VI are met, a LAP Permit shall be-conditionally approved; pending recording of the final map. See Sec. 21 6-240. 2 . If the OGED Director cetermines tie App ication coes not provide sufficient evidence teat suci standar-ds-willbe-+net--they will provide-the Apple-ant-mitten notice identifying which Development Stanc arcs ac< sufficient evieence in tie App ication. = tie App icant fai-s to remeey eac i icentified deficiency-within-fourteen ( 14)-days-of-receipt of such-written-notice-by- supplementing the-Application with additional evidence that is sufficient, as determined by the OGED Director, the OGED Director shall forward the Application to tie BOCC 'or its review anc consiceration in a =orma searing before the Board. If the Application is sent to the 8OCC for-its review and consideration, Weld County shall: a. Prepare ega notice for tie hearing to be publishes in the newspaper designated by tie BOCC for pub ication of notices. 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'au! ad!d 343 so: s3uawasea sot suo!3do JO `s3uawasea jo epuetowaw--s uawaas-9e 3uawasea 's4uatuasea-tte-9u!pse3as pue---9utu!e2go -u-od{t -sdejt-teu+3 'saw. ad!d .ro_ s3uawaiinbas Ourddew eui j 'Ot'Z-9-IZ '3aS • v•v•oz 9 rz •aas sad aDgou 3uas want gD!gP-sat-&ue5e tesaa#a, aq3-el9u±feaq aqi-je-aD±3ou pugs "3 -0390 a3-Aq-petty ssel-)-3sst4 eta pasanttapaq items uo!3eD!mou 4afls •auttad!d 043 u0 30Jw3seE 3uaucwsac pOSOCOJC au3 .0 op!s sat_ 3ta 4110-1:. 300= 'OSI t A3.!. Pospunt auo wg3!nn ssauMo h3Jadafd 9u!put -s-ns pue-ssauMQ aDepns a-9u i-eaq ag3-to aD!3ou paa- - - •q Standards, An Applicant for a LAP and/or Operator of the Pipeline shall comply with the conditions of approval and Development Standards detailed in the LAP Permit and Division 3 of this Article VI . Noncompliance with the conditions of approval and Development Stancards may be reason =or revocation o= tie LAP permit. En=orccment shall be conducted--by-the OGED Director in-the-following-manner--: A. Upon receiving a comp aint from any member o' tie pub is or tie fl ing o an inspection report by an OGED inspector, a eging a vio ation oz Deve opment Standards statec in tie LAS Permit anc/or in Division 3 0' tnis Artic-e V , tie OGED Director s is notify tie Operator o : tie comp aint or adverse inspection report and require Operator investigation anc response wit lin twenty four :2L , lours. Witnin tie OGED Director's required timeframe, the Operator sna correct tie vio ation and in=orm tie OGED Director of suc u correction. If the Operator is unable to achieve-the-required correction - within the stated- timeframe, the Operator sia in=orm tie OGED Director o= tie circumstances anc tie anticipated eate of correction, and theOGED Director-may modify the stated timef-fame. ST If the-O&M-Director has probable cause-to-believe-the violation persists,- he or she shall notify the-Operator in writing 0 ' tie vio ation, present a demanc :or correction and provice a cate upon w lit , tie vio ation must be-corrected. The Operator--shall-correct-the violation-within the stated timeframe and-notify-the-OGED Director in writing of such correction. C. If the OGED Director does not receive a written response from the Operator within the stated timeframe saying-the violation has been- corrected-Tor if upon-OGED inspection there-is-probablecause-te believe the vio ation persists, tie OGED Director s la set a suspension or revocation gearing be=ore tie =OCC pursuant to-the-provisions of Sec. 21 6 270, below; Sec. 21-6-255 . Required notification. A. Notifications to the OGED Director. 1 . Prior to construction notification. The Operator shall provide written notice to the OGED Director via the Sunery ;orm at 'east two (2) wee<s prior to beginning tie Construction 7-lase o- tie 2i De ine. This written-notice satisfies-the notification requirements of-theDepartment of Public Works-Abe Department of anning Services, ane tie Office o= Emergency Management. 2 . Post construction notification. The Operator shall provide written notice to the OGED Director via the Sunc ry Form wit lin two (2 weec of construction activities or a Pipe ine being comp etec anc tie Pipeline Route rcc-Jai-med as per Section 2-1 6 345-This- written notice satisfies the notification requirements of tie Department o : Pub is Wor-cs, tie Department of P anning Services, anc tie Office of-E-mergency Management. €3 ---Netf€iation to the Su face-Ownef&-Wit-h-respect to the notices listed in-this Section, it shall be the responsibi-ity of tie noti 'led Surace Owner to give notice o= the proposed operation to the tenant farmer, lessee; or other party that-may own-or-have-an interest in any-crops or surface improvements that could be affected by such operations. 1 . Prior to construction notification. The Applicant is required to provide written notice to the Surface Owner not ess tian tnirty (30) cays in acvance of commencing the Construction P lase. T -iis written notice shall provide the following: a. The name and contact information for the Applicant or its agent; b. A scaled map showing the Pipeline Route; c.—the date operations wit , ieavy equipment are expectee to commence; ane d. The contact information for OGED. Page 72 of 76 9L to EL a2ed •Jolendo Mau aqi #o-uotleq ioju! 13etue3 Jagio pue 'ssaJppe-ssau!sflq 'aweu aqi 4o-&u+3+JM u+T1oPaJtO O39O a #t-Ap3ou-t'N-3owesad13 Mau aqi 'Jalsueil jo steep (09) hixls u!143!/Vi •A3Jed aiglsuodsai aqi paiaplsuo3 aq !legs pue dVl ag1 jo sual!puo3 pue swial tie of 1aa(gns st ie adeMau-aql •sole-adg Mau -e--ei-aigeJa#sueJT aae si!WJad do 'panss! aau-8 dvi Jo '06Z-9--I ? 'Das ittthiad dt l 9143 jo sluawaitnbai--atfi-qt M aDuet o3 u3 s! zuilad!d JUIWJJ3Jp 03 tA a 3t1JV S!L 1 Li! 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Aew soOueg3 tetluelsgns;e satdtuex3 •paitnbai aq IIIM eat-gut-ssamoJd pue uo!le3ttddtt dVl Mau o- ase3 tptt m-t `515!x0 a uea3 ellueisgns e JOL301M Sulu!wJ0lap Jo, aiglsuodsai s! 0390 •JoPaJ!O O39O A3unoyptaM aqi Aq uoge3ttddv aVl Mau e ;o lenoidde ag1 ai+nbaf hew do panoJdde ati-3-woij sa5uet#-3-tefuelsq - - =� •wJO: /UpUrlS e e!n C390 011 12!M pa !, aq Pus A1unop PPM Aq palliwJae A euiTuo seM lam woJ_ au! adtc at 1 auecxa Jo A,!pow L 3!L M 2!wiac CV- e 03 sivawpuatue Auv •V 'asn aDuatuwoD o a.an !e; la 'uo!leu!WJa2 `sivawpuawV '09? 9 IZ '33S •Me a qe3! dde L 1!M aDuepJo33e u! s! uo!sspsaJ L ins _! Jan!eM let 2 5u!pu!DsaJ WOJJ JaUMo a3et~Jn5 0142 ol --SWalu!-u!-Jossa33ns Aue Jo JauMo-a--3epns aqi luan0Jd lou Ilegs -JauM0-a3ets-e-Ag-sahteM-e-ie44 papinoJd sJauMo a3eppns 0144 Aq 2u11pM u! pan!eM aq Aew •8 SSZ 9 UZ u0l13JS s!41 u! poJlnbaJ saDtloJ 0143 Jo Auv •0uiliJM u! asn L3ns panoJdde set• mum() a3e.Jns Sul -! pasn aq Aew lew 3!uoJl3a13 •uogewiguo3 ldlaJaJ g11M a3tMJas AJaAttap Jamie..Aq -Ji3j. paisanbat ldta3ai-u+-JR1aJ-';lewpat#t-1Ja3-pue# t aAttapaq Ileysaatiou s!qi Thefo-llowing standards (referred to herein as "Development-Standards") apply to all Pipelines within the-Weld Minera Resource (Oi anc Gast area laving receives approva of a LAP Cor amencment tiereto as requirec--by Section 21 6 260). Sec 21-6-300. Weed control, All disturbed areas shall be kept free of Weeds through the duration of the Construction Phase. Weed control measures s la be concuctec in consu tation wit -i tie Surace Owner anc We c County Weec Management Specialist. TheOGED-tirecter may -require the submitta-l-of;-and compliance-with, weed-control plan-as-pact of LAP approval to provide impact mitigation, or pursuant to any enforcement action against an Operator. .t is tie responsibility-of-theOperator to monitcw reclaimed lands for Weed infestations . Sec. 21 -6-305. Site security, The-Pipeline-shall-be-designed-and•operated-in a manner that is protective of public health; safety and welfare euring a plases of operation by reasonab y preventing pub ic access anc unautiorizec veiicu ar traffic. Appropriate measures-shall-be-implemented during the Construction Phase to prevent access to the Pipeline by unauthorized persons, wildlife or domestic animals. Sec. 21 6 310. ntegrity management anc .ea-( eetection . Integrity management and leak detection shall be conducted in compliance with all County, state, and federal regulations. The Applicant shall provide a yearly-certification to OGED-stating-they are-compliant with any and all State and/or Federa •y mancatec integrity testing pans. These pans s 1a be provide° to OGED upon written request. Wien provided, these plans shall be for County-review only and will not be published for public-review. The Applicant- shall provide OGED copies of pre commissioning pressure tests. For Pipe Ines w 'licI are not State anc/or Fecera y regu ate°, tie Applicant shall provide OGED annual patrol reports . Operators shall take precautions to Minimize Adverse Impacts. Operators shall maintain an EAP with OEM for each LAP with BMP's to adequately protect any and all critical receptors: Operators shall notify OEM of any Spi s and Re eases, as requires by tie terms o: tie ie approved EAR. • Operators-shalt comply with all-County,-state-and federal safety rules and regulations, All Pipelines must-be-installed at an appropriate depth-and- have cover-sufficient to protect from damage: In no case sla a Pipe ine lave -ess t 'an tiirty ' 3o inc les of cover. On crop anc, a Pipe Ines must lave a minimum cover of-form(4) feet. Sec. 21-6-320. F=oocp ain and Over- ay Zoning District requirements, An Operator shall comply with Article V and Artic e X of Ciapter 23 of tiis Coce if tie proposes Route is ocated within any Overlay Zoning District or a Special Flood Hazard Area identified by maps officially adopted by the County. Page 74 of 76 Sec. 21-6-325 . Stormwater management ion for a LAP, an Operator shall provide proof of a valid stormwater discharge permit issued by -W44 - Additional-requirements for-N4unic4pal Separate Storm SewerSystem (MS4) areas may be applicable pursuant to Chapter 8, Article IX of this CDde. Sec. 21- 6 330. Protection of Wildlife Resources, The AGED Director, utilizing the referral from CPW, shall determine whether conditions of approval are necessary to-Minimize-Adverse Impacts from tie proposed Pipe ine in tie icentified High Priority Habitat. A. - An selecting-conditions of approval,-the OG€D Director- shalt consider the-following--factors; among-other considerations : 1. The BMPs for the area in which the Pipeline is situated; 2 . Anticipated direct and indirect effects of the Pipeline on Wildlife Resources; 3. The extent to which legally accessible, technologically feasible, and economically practicable alternative routes-exist for the-proposed-Pipeline; 4. The extent to which the proposed Pipeline operations will use technology and practices which are protective of the environment and Wildlife Resources; 7 Thy cxtcnt to which the proposed Pipeline minimizes surface disturbance and habitat fragmentation; 6. The roposee Pipe-lie is witnin anc usee for resieentia , industria , commercia , agricu tura , or of ier purposes, ane the existing cisturbance associated with such use. B . Subject to exception by the OGED Director for site specific reasons and BMPs, within High Priority Habitat and--Restricted Surface Occupancy-Areas, Operators-shall-comply-with the following operating requirements: -During-Pipeline construction-for-trenches that-are-left open for-more than-five-45)-days-and--are-greater width, insta I wildlife crossovers and escape ramps where the trend crosses well def+nedgame trails and at-a-minimum-of--one-quarter-(34) mile-intervals where-the-trench parallels-well- defined game trails. 2. Inform and educate employees and contractors on wildlife conservation practices, including-no harassment or feeding of wildlife. 3. To -the-extent-practicable, share and consolidate new-corri4er-s-foc-Ptpeline rights-of-way and-roads to minimize surface disturbance. 4-----Engineer new Pipelines- to-reduce-field fitting and reduce excessive right-of way-widths-and Reclamation . 5. Use boring instead of trenching across perennia streams consicered critica fish habitat. 6. Use wildlife appropriate seed mixes wherever allowed by Surface Owners and regulatory agencies: Il/ ow-er drus i -log vegetation wnere appropriate, leaving root structure intact, instead of scraping the surface, where-allowed by the Surface Owner during Construction-Phase. 8� - Limit-access to oil and gas access roads where approved--by-Surface-Owners, -surface managing agencies, or Local Government, as apprcpriate. 9. Use wildlife appropriate fencing-where acceptable to the Surface Owner. 10. Establish new staging areas outside of riparian zones and Floodplains. 11. Use minimum practical construction widths for new easements or rights of way where the Pipeline crosses riparian areas, streams; and critical habitats: Page 75 of 76 Sec. 21-6-340. Site preparation and stabilization, A. Soi remova ane segregation. As to a excavation operations uncerta<en, tie Operator sia separate and store the topsoil horizon, to-a maximum depth of-twelve-(-12 ) inches, and mark-or-document stockpile vocations to aci itate subsequent Rec amation. Wien separating tie soi- iorizons, tie Operator sia segregate the horizon based upon noted changes in physical characteristics such as organic content, color, texture, density, or consistency. 1. If a private easement agreement wit i a Surace Owner c etai s specific soi remova anc segregation, the-easement-agreement-shall-govern, and -this-Section 21 6 340.A. shaft-not-apply, B. horizons too roc<y or too t iin. Wien tie soi iorizons are too rocky or too t iin for tie Operator to practicably-segregate, t len tie toasoi s la be segregated to tie extent practicab e and stores. C. Protection o' soi-s. A stoc<pi ec soi s s la be protectec 'corn cegraeation-cue to-contamination, compaction and, to tie extent practicab e, from wine anc water erosion. BMPs to prevent weed establishment-shall be implemented. D. Operator must make reasonable-efforts to install Pipelines parallel to crop irrigation-rows on flood irrigated land. E . Stabilization must be performed for any trenches greater than five (5)-feet in depth. Trench protection shall be in accordance with OSM-A--standards: Sec. 21 -6-345 , Reclamation , A. Surface-restoration. The surface-of-the land-shall-be-restored as nearly- as--practic-able-te its condition-at 44e commencement of construction operations, including topsoil restoration and protection. B. Compaction a eviation. A areas compactec by construction operations sia be rec aimec to surface owner specifications to alleviate compaction. C-. of Crop Lands. All-segregated soil horizons-removed from-Crop Lands-shall be replaced-to- heir origina re ative positions anc contour anc sia be ti ee acequate y to re estab is `i a proper seecbec . Tie area-shall-be treated-if-necessaryand-practicable-te-prevent-invasion of Weeds;- and to minimize erosion. D. Revegetation o' Non Crop Lancs. A segregatec soi -iorizons removec from Non-Crop _ants sla - be replaced to their original relative positions anc contour as near as practicab e to aciieve erosion contro and long term stability--and-shall be tilled adequately-to-establish a proper seedbed. The disturbed area then shall be-reseeded-in the first-favorable-season following construction operations:- eseedfng-with species consistent witi tie adjacent p ant community anc in coordination witi tie Surface Owner is encourages. Reclamation of the temporary and permanent easement shall be considered complete when all ground surface disturbing activities have been completed, and all disturbed areas have been stabilized in such a way asto-mini-mize erosion-to-the extent-practicable;-and a uniform-vegetative cover-has been established that ref ects pre eisturbance or Reference Area forbs, s 'rubs, and grasses wit i tota percent p ant cover of at least-eighty percent (80%)-of pre disturbance levels;excluding Weeds. Reseeding-alone is insufficient. The Operator is responsib•e for ensuring success 'u revegetation o= soi•s disturbec by protect re atee activities, except as-agreed-to-with-the-Ssrfac-e-Owner: — Temporary--Access Permits,-If a temporary access- permit is associated-with--a LAP Permit, the temporary access wi be rec aimed in accoreance wits Ciapter 8, Artic e X V o' tiis Code: Sec. 21 6 350. Fees. Failure to comp-y wits any items containec in tie approves LAP Permit, tie concitions of approva , or tie Development Standards contained-herein shall be subject to a financial fee, -assessed daily-from the date-of not. ication by tie OGED Director, pursuant to Appencix 5 D o' t ie We c County Coce. Tie OGED Director sia also-utilize- Appendix-5 D when--assessing fees due to enforcement action Page 76 of 76 Hello