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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 Hello