HomeMy WebLinkAbout20220121.tiffWELD COUNTY
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IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 21
AREAS AND ACTIVITIES OF STATE INTEREST, AND CHAPTER 23 ZONING OF THE WELD
COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of
Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with
the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted
Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent nature
enacted on or before said date of adoption, and
WHEREAS,
the
Weld County
Code is in need of revision and clarification with regard to
procedures, terms,
and
requirements
therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be,
and hereby are, repealed and re-enacted, with amendments, and the various Chapters are
revised to read as follows.
♦ }. ♦ ♦ o 1
The regulations in this Article VI are not adopted pursuant to the authority set forth in the
Colorado Areas and Activities of State Interest Act ("AASIA"), Sec.tiens24-65.1-101, et seq.,
C.R.S. Rather, they are adopted pursuant to Weld County's land use authority granted in the
Colorado Local Government Land Use Enabling Act, Sec_+ 29-20-101, et seq., C.R.S.; the
County Planning and Building Code statutes set forth in Title 30, Article 28, C.R.S.; the powers
and authorities conferred upon home rule counties set forth in Title 30, Article 35, C.R.S.,
including authority to adopt the Weld County Home Rule Charter to ensure self-determination
and to promote the health, safety, security and general welfare of the people of Weld County.
These regulations are placed in this Article VI because of their subject matter commonality and
association with the regulations found in Article V of this Chapter 21.
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Sec. 21-6-10. Definitions.
The following terms specific to the designation of site selection and construction of Pipelines
Petroleum Products shall be construed to have the meanings set forth as follows:
Applicant: means the person or entity who applies for a LAP Permit. The Applicant may be
referred to herein as the "LAP Permittee" or "Operator".
Application: means the LAP Permit application filed by the Applicant pursuant to
Sec. 21-6-120 of this Code and may also be referred to herein as the "Location Assessment for
Pipeline Permit Application, or LAP Permit Application".
Authority Having Jurisdiction: means any other entity which may have jurisdiction over a
certain area or may own or operate certain features affected by the Application. Certain examples
may include the State of Colorado, municipalities, metro districts, or ditch companies. Authority
Having Jurisdiction may also be referred to herein as "AHJ."
Best Management Practices (BMPs): means practices that are designed to prevent or reduce
impacts caused by Pipelines or Pipeline construction to air, water, soil, or biological resources,
and to Minimize Adverse Impacts to public health, safety and welfare, including the environmental
and Wildlife Resources.
Board of County Commissioners: may also be referred to herein as "BOCC" or "Board".
CDPHE. means the Colorado Department of Public Health and Environment.
Construction Phase: means all those activities related to the LAP Permit prior to the Pipeline
being put in service, including but not limited to clearing and grubbing, trenching, stringing of pipe,
laying of pipe, welding, backfilling, and reclamation pursuant to Sec. 21-6-345. Construction
Phase does not include activities such as surveying, staking, etc.
CPW means Colorado Parks and Wildlife.
Crop Land: means lands which are cultivated, mechanically or manually harvested, or
irrigated for vegetative agricultural production, excluding range land.
Floodplain: when used in this Article VI, shall have the same meaning as the definition
included in Sec_tien 23-1-90.
High
Priority Habitat: means
the
high
priority wildlife habitat areas in Weld County identified
in Rule 1203
of the Colorado Oil
and
Gas
Conservation Commission Rules.
LAP Permit: means a Location Assessment for Pipeline Permit issued pursuant to this
Article VI, and may also be referred to herein as "LAP".
Local
Government. means a county
(in
this Article
VI other than Weld County), home rule
or
statutory
city, town, territorial charter city
or
county, or
any special district established pursuant
to
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2022-0121
ORD2022-01
the Special District
Act, Sec.ton-s 32-1-101
to 32-11-807 (2013)
C.R.S, which is located within
three (3) miles from
either side of the
permanent easement for
the Pipeline.
Minimize Adverse Impacts: means, wherever reasonably practicable, and taking into
consideration cost effectiveness, technical feasibility and the Development Standards set forth in
Division 3 of this Article VI, to avoid adverse impacts to public health, safety, environment and
Wildlife Resources, including cumulative impacts where practicable. Operators shall minimize the
extent and severity of those impacts that cannot be avoided considering such minimization is
reasonably practicable, takes into consideration cost effectiveness, and is technically feasible.
Non -Crop Land: means all lands which are not defined as Crop Land, including range land.
OGED: means the #y -Oil and Gas Energy Department.
OGED Director means the Director of the Oil and Gas Energy Department, or
their designee.
Operation and Maintenance Phase: means the activities associated with the daily operations,
routine upkeep, normal repairs, parts replacements, and other activities required to preserve a
Pipeline so that it continues to function safely, as intended, and to allow it to reach its expected
life.
Operator means any Person who exercises the right to control the conduct of Pipelines —
Petroleum Products. An Operator may be an Applicant for a LAP Permit. The Operator may be
referred to herein as the "Applicant."
Operator Registration: means the process by which a Person, company or other entity has
submitted an Operator Registration to the OGED Director. Operator Registration shall be
completed on a form provided by OGED and shall be kept on record so long as the Person,
company or other entity has operational Pipelines in Weld County.
Overlay Zoning Districts: when used in this Article VI, shall have the same meaning as the
definition included in Sec. 23-1-90.
Add
Person:
means any natural
person, corporation,
association, partnership,
receiver,
trustee,
executor,
administrator, guardian, fiduciary,
or other
representative
of any kind.
Pipeline — Petroleum Products: for this Article VI, any pipeline and appurtenant facilities
(whether underground or above ground) capable of transporting natural gas, which is twelve (12)
inches in diameter or larger, or oil, including other petroleum derivatives, which is thirteen (13)
inches in diameter or larger, as measured from the outside of the pipeline, regardless of hoop
stress. Pipeline — Petroleum Products may also be referred to in this Article VI as "Pipeline".
Pipeline Route: means the permanent easement within which the Pipeline is located, may
also be referred to herein as "Permanent Easement" or "Route".
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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 Pipeline construction activity,
or to landowner specifications. Reclamation standards are detailed further in Sec t4en 21-6-
24-5345 of this Article VI.
Reference Area: means an area either (1) on a portion of the site that will not be disturbed by
the Pipeline, if that is the desired final Reclamation; or (2) another location that is undisturbed by
Oil and Gas Operations and proximate and similar to a proposed Oil and Gas Location in terms
of vegetative potential and management, owned by a person who agrees to allow periodic access
to it by the OGED Director and the Operator for the purpose of providing baseline information for
Reclamation standards, and intended to reflect the desired final Reclamation.
Release: means any unauthorized discharge of Pipeline products to the environment over
time.
Spill: means any unauthorized sudden discharge of Pipeline products to the environment.
Sundry Form: means a multipurpose form supplied by the OGED used by the Operator to
request approval of proposed amendments or provide notice of various operations on any LAP
Permit. It may also be referred to herein as "Sundry" or "Amendment".
Surface Owner means any person currently
owning all
or part of
the surface of land upon
which Pipelines are located, 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.
Weed: means any undesirable plant.
Wildlife Resources: means fish, wildlife, and their aquatic and terrestrial habitats.
Sec. 21-6-20. Applicability and general rules.
A. A Location Assessment for Pipeline (LAP) requires additional consideration to ensure the
Pipeline is developed in a manner that complies with various Development Standards set forth
in Division 3 of this Article VI. The LAP Permit is designed to protect and promote the health,
safety, and welfare of Weld County's citizens, environment, and wildlife.
B. A LAP Permit is required for the location or construction of Pipelines in all zone districts. Any
expansion, relocation or enlargement of a Pipeline shall be treated as a new Use and shall
require a new Application under the provisions of this Article.
C. No Pipeline shall be constructed in any zone district until a LAP Permit has been granted by
the OGED Director or the BOCC.
D. No LAP Permit shall be required for ordinary repairs and maintenance of Pipelines previously
constructed under Use by Right, Use by Special Review or pursuant to these regulations, so
long as such repairs and maintenance are performed within the easements or right-of-way
associated with the Pipeline and do not have the effect of expanding or enlarging the Pipeline.
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E. LAP Permits do
not
include pipelines used for
the sole purpose
of
transporting Produced
Water
or Oil
and
Gas
Support
and
Service uses
as defined in Sec.
23-1-90.
F. Any Person filing an Application for a LAP Permit shall comply with the procedures and
regulations as set forth in this Article.
G. Applications for a LAP
shall be completed
as set forth in Sec.tion
21-6-4-2-8220, below. The
completed Application
and associated fees
shall be submitted
to the OGED Director.
H. The review, consideration and issuance of a LAP Permit is an administrative process and is
exempt from the definition of Development set forth in the agreements contained in
Chapter 19 of the Weld County Code.
Beginning October 1, 2018, all easements obtained for a Pipeline shall be located outside the
existing and future road right-of-way as depicted on the Weld County Functional Classification
Map, except at approved right-of-way crossings. A Pipeline permitted after February 1, 2019,
which is erroneously located within an easement obtained on or after October 1, 2018, and
within an existing and/or future right-of-way, shall be moved at the expense of the Operator
and/or LAP Permittee upon receipt of notice by Weld County of its intent to improve or
construct a roadway within the right-of-way.
A. Nothing in these LAP Regulations shall be construed as exempting an Applicant for a LAP
Permit from any other requirements and/or permits of this County including but not limited to
Right -of -Way Use Permits, MS4 Permits or Access Permits.
Prior to construction
or operation of
Pipelines, an Operator shall
submit a one-time Operator
Registration form to the
OGED Director,
on the form provided by the
OGED.
I,f • • • • • • •;,I. • • •. • • •• ,. •;. •
' •;
A. No person may locate, construct, expand or operate a Pipeline without first obtaining a LAP
Permit pursuant to these LAP regulations.
B. The County may not issue a building
permit or Right -of -Way
use permit
for a Pipeline without
the Applicant
first
having obtained a
LAP Permit pursuant to
these LAP
regulations.
C. Operator Registration.
All persons or entities desiring to
locate,
construct, expand or operate
a Pipeline shall have a
valid Operator Registration Form
on file
with OGED.
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Sec. 21-6-210. Procedural requirements.
The notice, Application, and administrative
provisions set forth in this Article VI.
issuance of LAP Permits shall comply with the
A. Pre -application Nnotice Metter. A minimum of seven (7) days prior to delivery of the LAP
Application, the Applicant shall deliver a pre -application notice letter to the OGED Director.
This letter shall include the following:
1. A general description of the Pipeline, including the product(s) or substance(s) being
transported, the source and terminus or end point, the total length of route, the type of
pipe including width, and any supporting equipment involved.
2. The anticipated date operations will commence (calendar quarter and year).
3. A statement that the Applicant will consider reasonable mitigation measures to Minimize
Adverse Impacts of the proposed Pipeline.
4. The following shall be attached to the letter:
a. Pipeline Route Map. The purpose of the Pipeline Route map is to demonstrate the
Route and the location of any above ground appurtenances. This shall be a scaled
drawing with aerial imagery of the Route to include: all property lines and parcel
numbers, as well as the name and address of the Surface Owner(s) of any parcel(s)
upon which the proposed Route is located.
Upon submittal of the notice, at the request of either the OGED Director or the Applicant, a
pre -application meeting may be scheduled. The seven (7) day notice period may be waived, at
the discretion of the OGED Director.
A LAP Application shall be submitted to the OGED Director for processing and determination
of whether the Application is complete and in compliance with the requirements of this Section.
The following supporting documents shall be submitted as a part of a LAP Application:
A. A Location Assessment for Pipeline Application shall be submitted to the OGED Director by
electronic mail.
1. Application. A LAP Application on the current form supplied by OGED, shall be fully
completed and executed by the Applicant. If an authorized legal agent signs the
Application on behalf of the Applicant, evidence of power of attorney or other authorization
must be provided.
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2. Summary Requirements. The Applicant shall provide a summary statement of the project,
to include, the following:
a. A general description of the Pipeline, including the product(s) or substance(s) being
transported, the source and terminus or end point, the total length of route, the type of
pipe including width, and any supporting equipment involved.
b. A description of the Pipeline Route and reason for its selection.
c. Procedures to be employed to Minimize Adverse Impacts of the proposed Pipeline
Route.
d. An outline of the planned Construction Phase, including the startup and
commissioning schedule, to include the number of stages and timing of each. The
County acknowledges that this outline is subject to change, due to factors including,
but not limited to, contractor availability, weather, ability to close right-of-way tracts,
and the timing of third -party facility completion.
e. Information on any public meeting conducted, to include the location, date, time,
attendance, and method of advertising. Such meetings are not required but are
recommended by the OGED to encourage communication between an Applicant and
the community.
f. A description of the hazards, if any, such as fire, explosion, or other dangers to the
health, safety, and welfare of the Operator's employees and the public.
g. A decommissioning plan to address whether or not the Pipeline will be removed from
the ground and if not, how the Pipeline will be properly cleaned, capped, and
maintained.
h. A description of any haul route(s) utilized during the Construction Phase, identifying
the roads and bridges involved, expected traffic volumes, and the weight of the loads.
Any other information determined to be necessary by the OGED Director to ensure
the protection of the health, safety, and welfare of the residents of the County.
3. Evidence of Compliance. The Operator of the Pipeline shall provide Best Management
Practices (BMPs) illustrating how the health, safety, and welfare of Weld County's citizens,
environment, and wildlife will be protected. The Operator shall demonstrate compliance
with the LAP Development Standards as defined in Division 3 of this Article VI. The
Operator shall provide a narrative within the Application, addressing each of the following
items:
a. A statement how the design and Route of the proposed Pipeline Minimizes Adverse
Impacts on the surrounding area. All reasonable efforts have been made to avoid
irrigated cropland.
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b. A statement how Pipeline will not have an undue adverse effect on existing and future
development of the surrounding Land Uses.
c. A statement how the disturbed area shall be maintained during the Construction Phase
by the Applicant in such a manner to control soil erosion, dust, and the growth of
Weeds.
d. A statement how the Applicant has agreed to implement any reasonable measures
deemed necessary by the County to ensure the health, safety and welfare of the
inhabitants of the ,— County will be oteetedits residents, and to Minimize Adverse
Impacts from the proposed Pipeline.
e. A statement how all reasonable alternatives to the proposal have been adequately
assessed, and the proposed action is consistent with the best interests of the people
of the County and represents a balanced use of resources in the affected area.
f. A statement how the construction of the Pipeline will not unreasonably interfere with
any significant wildlife habitat and will not unreasonably affect any endangered wildlife
species, unique natural resource, known historic landmark or archaeological site within
the affected area.
g. A
statement
how the Pipeline or the construction thereof,
will cause no adverse impact
to
the
public
rights -of -way and/or surrounding properties
due to stormwater runoff.
h. A statement that provides evidence of compliance with the requirements for a
stormwater construction permit from CDPHE.
A statement how the Applicant will mitigate conflicts with any mutual irrigation ditch
and/or structures used to transport water within the easement or right-of-way of the
Pipeline or crossed by the proposed Pipeline.
j. A statement how the Applicant will mitigate conflicts with any utility company which
may be impacted by the Pipeline.
B. Attachments. The following shall be attached to the Application:
1. Property Owner Notification Spreadsheet. The property owner notification spreadsheet
shall be a list of owners to be noticed of the LAP Application submittal. The source of such
list shall be the records of the Weld County Assessor. The Applicant shall certify that such
list was assembled within thirty (30) days of the Application submission date, via the
Affidavit of Interest Owners Surface Estate form. The spreadsheet shall be submitted
electronically in a Microsoft Excel format utilizing the template supplied by OGED Director.
The spreadsheet shall include the following information:
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a. The name and mailing address of all Surface Owners and surrounding property
owners whose parcel(s) are within one -hundred fifty (150) feet from either side of the
permanent Pipeline easement. The spreadsheet shall identify those owners who are
directly. impacted by the Pipeline Route and indicate the existing Land Use of those
properties.
b. The associated parcel number(s) and legal description.
c. If applicable, reception number of recorded easement(s).
2. Evidence of Easements. Easements or rights -of -way for the Pipeline Route or a letter
signed by the Surface Owner acknowledging that the Applicant is currently in good faith
negotiations may be provided. This includes owners of surface properties, irrigation ditch
companies and/or affected irrigation ditch easement owners of record at the point crossed
by the Pipeline. If easements or rights -of -way for the Pipeline Route are not secured at
the time of Application submittal, a statement that the Applicant is currently in good faith
negotiations with parties, identified above, shall be provided.
3. Draft Maps. The draft maps shall be in electronic form.
a. Vicinity Map. The purpose of the vicinity map is to display the proposed Route within
the County and its relationship to municipalities, major water features, irrigation
ditches, major transportation features, and any Overlay Zoning Districts or Special
Flood Hazard Areas identified by the maps officially adopted by Weld County pursuant
to Articles V and XI of Chapter 23 of this Code. The vicinity map shall be at a suitable
scale of 1" = 2,000' minimum or as otherwise approved by the OGED.
b. Detailed Map. The purpose of the detailed map is to illustrate the recorded or planned
easements for the Pipeline Route, any above ground appurtenances and uses,
including, but not limited to, valve sites, laydown yards, parking and staging areas, and
both temporary and permanent access points. The detailed map shall be a topographic
map showing contours at intervals no greater than ten (10) feet. The Route shall be
displayed on a 1:200 scale map. The map shall identify the following features: property
lines, roads, existing and future public right-of-way, existing utility easements, irrigation
ditches, and any significant man-made features.
c. Upon approval of a LAP Permit final maps shall be submitted pursuant to
Section 21-6-240.
C. Additional Weld County issued permits and agreements.
The following permits and agreements may be required either for the issuance of a LAP
Permit, or after approval of a LAP Permit:
1. An Emergency Action Plan (EAP) is required for a LAP Permit. The Applicant shall
complete an EAP on the template provided by the WeP Office of Emergency
Management (OEM). OEM will consult with the local fire district on behalf of the Applicant.
2022-0121
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2. An access permit(s) is required for a LAP Permit. The Applicant shall complete an Access
Permit application provided by the Weld Co ,n y Department of Public Works, pursuant to
the requirements of Chapter 8 of this Code, for new access points and/or submit evidence
of an existing Access Permit(s), permitted in the Applicant's name. If the access point is
under the jurisdiction of the Colorado Department of Transportation or a Local
Government other than Weld County, proof of access granted by such Local Government
or Authority having Jurisdiction is required prior to construction.
3. A Road Maintenance Construction Agreement (RMCA) may be required for a LAP Permit.
Following submittal of a LAP Application, the RMCA shall be prepared by the
Department of Public Works and sent to the Applicant for execution prior to the LAP
Approval. If applicable, the Applicant shall execute an RMCA as provided by the Weld
County -Department of Public Works pursuant to the requirements of Chapter 2 of this
Code.
4. If the Pipeline is located within a Special Flood Hazard Area identified by maps officially
adopted by Weld County, a Flood Hazard Development Permit (FHDP) is required for a
LAP Permit. The FHDP is issued by the oun.Department of Planning Services
pursuant to Article XI of Chapter 23 of this Code.
5. If applicable, Building Permit(s), issued by the Weld-Geuny-Department of Planning
Services, shall be obtained pursuant to Chapter 23 and Chapter 29 of this Code.
6. If applicable, Right -of -Way (ROW) Use Permit(s), issued by the We'd -County -Department
of Public Works pursuant to Article XIII of Chapter 8 of this Code, are required for any
work occurring within County ROW. No work within County ROW shall occur without such
ROW Permits being issued.
7. If applicable, a Special Transport permit shall be obtained. No vehicles associated with
the LAP may exceed legal per axle weight limits and/or legal size limits as set forth in
Article XV of Chapter 8 of this Code, unless Special Transport permits have been applied
for and granted by Department of Public Works.
Additional information may be required by the OGED Director, resulting from consultation with
referral agencies and/or the public.
The OGED Director shall review the LAP Application to determine if it follows sound Land Use
planning, is complete, and in compliance with the Development Standards set forth in Division 3
of this Article VI. Such review shall occur within seven (7) business days of the filing of the
Application. Upon completeness determination, the OGED Director shall:
A. Process, refer and notice the Application no more than ten (10) days after determining the
Application is complete.
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1. Refer the Application to the following agencies, if applicable, for review and comment. The
agencies named shall respond within twenty-eight (28) days from the mailing of the
Application by the County. The failure of any agency to respond within twenty-eight (28)
days shall be deemed to be a favorable response to OGED. The reviews and comments
solicited by the County are intended to provide the County with information about the
proposed Pipeline. The reviews and comments submitted by a referral agency are
recommendations to the OGED Director and, as applicable, the BOCC:
a. The LCD, planning commission or governing body of any Local Government(s) whose
boundaries are within three (3) miles of the Pipeline.
b. The Weld -County -Department of Public Health and Environment.
- .A _ Pit.si ii ills. n ta.ii!iu.i.. ►1t
d. The Office of Emergency Management.
-
f. Colorado Parks and Wildlife.
g. The Colorado Department of Transportation.
h. The appropriate fire district(s).
Any irrigation ditch company with irrigation structures of record that cross, are within,
or adjacent to, the Pipeline easements.
j. Any utility company with easements of record which cross or are within the Pipeline
easements.
k. To any other agencies or individuals to whom the OGED Director deems a referral
necessary.
2. Send notice of a LAP Application to Surface Owners and surrounding property owners
within one hundred fifty (150) feet from either side of the proposed Permanent Easement
for the Pipeline. Such notification shall be sent by First -Class Mail by OGED. Such notice
is not required by state statute and is provided for informational purposes only to Surface
Owners and surrounding property owners. Inadvertent errors by the Applicant in supplying
such list, or the OGED in sending such notice, shall not create a jurisdictional defect in the
review/hearing process even if such error results in the failure of a Surface Owners or
surrounding property owner receiving such notification.
B. Prepare OGED staff report confirming that all requirements have been satisfied and the LAP
Permit Application is in conformance with the Weld County Code in effect at the time of filing
of the Application. The report shall include all comments received from agencies to which the
Application was referred.
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C. Make a determination of the Application within sixty (60) days of a complete Application.
1. If OGED Director determines that the Application provides sufficient evidence that the
Development Standards set forth in Division 3 of this Article VI are met, a LAP Permit shall
be conditionally approved, pending recording of the final map. See Section 21-6-240.
2. If the OGED Director determines the Application does not provide sufficient evidence that
such standards will be met, they will provide the Applicant written notice identifying which
Development Standards lack sufficient evidence in the Application. If the Applicant fails to
remedy each identified deficiency within fourteen (14) days of receipt of such written notice
by supplementing the Application with additional evidence that is sufficient, as determined
by the OGED Director, the OGED Director shall forward the Application to the BOCC for
its review and consideration in a formal hearing before the Board. If the Application is sent
to the BOCC for its review and consideration, Weld County shall:
a. Prepare legal notice for the hearing to be published in the newspaper designated by
the BOCC for publication of notices. The date of publication shall be at least ten (10)
days prior to the date of hearing.
b. Send notice of the hearing to Surface Owners and surrounding property owners within
one hundred fifty (150) feet from either side of the proposed Permanent Easement of
the Pipeline. Such notification shall be delivered via First -Class Mail by the OGED.
c. Send notice of the hearing to the referral agencies which were sent notice per
Sec. 21-6-230.A.1.
Section. 21-6-240. Final Mapping requirements for Pipelines.
Final Maps. Upon obtaining and recording all easements, easement agreements, memoranda
of easements, or options for easements for the Pipeline, the Applicant shall submit the final maps
to the OGED Director in electronic form for review and comment prior to printing for recording.
A. Vicinity Map. The purpose of the final vicinity map is to display the approved Route within the
County and its relationship to municipalities, major water features, irrigation ditches, major
transportation features, and any Overlay Zoning Districts or Special Flood Hazard Areas
identified by the maps officially adopted by Weld County pursuant to Articles V and XI of
Chapter 23 of this Code. The vicinity map shall be at a suitable scale of 1" = 2,000' minimum
or as otherwise approved by the OGED.
B. Detailed Map. The purpose of the final detailed map is to illustrate the recorded easements
for the Pipeline Route, any above ground appurtenances and uses, including, but not limited
to, valve sites, Iaydown yards, parking and staging areas, and both temporary and permanent
access points. The detailed map shall be a topographic map showing contours at intervals no
greater than ten (10) feet. The Route shall be displayed on a 1:200 scale map. The map shall
identify the following features: property lines, roads, existing and future public right-of-way,
existing utility easements, irrigation ditches, and any significant man-made features.
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C. Recordable Final Maps. Upon approval of the electronic copy, the Applicant shall submit final
maps. The vicinity map and detailed map shall be printed in black ink and sized to twenty-four
(24) inches in height by thirty-six (36) inches in width. These maps shall include the following:
1. Legend, title, scale, and north arrow.
2. For each property the Pipeline Route crosses, the map shall include parcel number,
property owner name, legal description (QTR/SEC/TNW/RNG), reception number of the
easement/right-of-way and reception number of property deed(s).
3. The names of record of the surface owner of adjacent property.
4. Conditions of
approval
or Development
Standards as provided by the OGED in the
administrative
approval
or the Resolution
from the BOCC.
5. A statement from the Operator that Pipelines permitted through this process shall meet
the requirements set forth in the Right -of -Way Use Permit, by the Department of Public
Works.
6. Certification block templates for signature and notary provided by OGED.
The final map shall be recorded in the office of the County Clerk and Recorder by the OGED.
The Applicant shall be responsible for paying the recording fee. The final map shall be recorded,
and any additional requirements met within one hundred twenty (120) days from the date of the
administrative conditional approval or the BOCC Resolution. If the final map has not been
recorded within one hundred twenty (120) days from the date of administrative approval or BOCC
Resolution, or within a date specified by the BOCC, the Board may require the Applicant to appear
before them and present evidence substantiating that the LAP has not been abandoned and that
the Applicant possesses the willingness and ability to record the final map. The BOCC may extend
the date for recording the map. If the Board determines that conditions supporting the original
approval of the LAP cannot be met, the Board may, after a public hearing, revoke the LAP Permit.
Section. 21-6-250. Compliance with LAP Permit conditions of approval and Development
Standards.
An Applicant for a LAP and/or Operator of the Pipeline shall comply with the conditions of
approval and Development Standards detailed in the LAP Permit and Division 3 of this Article VI.
Noncompliance with the conditions of approval and Development Standards may be reason for
revocation of the LAP Permit. Enforcement shall be conducted by the OGED Director in the
following manner:
A. Upon receiving a complaint from any member of the public or the filing of an inspection report
by an OGED inspector, alleging a violation of Development Standards stated in the LAP
Permit and/or in Division 3 of this Article VI, the OGED Director shall notify the Operator of
the complaint or adverse inspection report and require Operator investigation and response
within 24 hours. Within the OGED Director's required timeframe, the Operator shall correct
the violation and inform the OGED Director of such correction. If the Operator is unable to
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achieve the required correction within the stated timeframe, the Operator shall inform the
OGED Director of the circumstances and the anticipated date of correction, and the OGED
Director may modify the stated timeframe.
B. If the OGED Director has probable cause to believe the violation persists, he or she shall
notify the Operator in writing of the violation, present a demand for correction and provide a
date upon which the violation must be corrected. The Operator shall correct the violation
within the stated timeframe and notify the OGED Director in writing of such correction.
C. If the OGED Director does not receive a written response from the Operator within the stated
timeframe saying the violation has been corrected, or if upon OGED inspection there is
probable cause to believe the violation persists, the OGED Director shall set a suspension or
revocation hearing before the BOCC pursuant to the provisions of Sec. 21-6-270, below.
A. Notifications to the OGED Director.
1. Prior to construction notification. The Operator shall provide written notice to the OGED
Director via the Sundry Form at least two (2) weeks prior to beginning the Construction
Phase of the Pipeline. This written notice satisfies the notification requirements of the
Puhl,icWorks Department of Public Works, the Department of Planning Services, and the
Office of Emergency Management.
2. Post construction notification. The Operator shall provide written notice to the OGED
Director via the Sundry Form within two (2) weeks of construction activities for a Pipeline
being completed and the Pipeline rRoute reclaimed as per Section 21-6-240-B345. This
written notice satisfies the notification requirements of both -the Public Works Department
of Public Works, the Department of Planning Services, and the Office of Emergency
Management.
B. Notification to the Surface Owners
With respect to the notices listed in this Section, it shall be the responsibility of the notified
Surface Owner to give notice of the proposed operation to the tenant farmer, lessee, or other
party that may own or have an interest in any crops or surface improvements that could be
affected by such operations.
1. Prior to construction notification. The Applicant is required to provide written notice to the
Surface Owner not less than thirty (30) days in advance of commencing the Construction
Phase. This written notice shall provide the following:
a. The name and contact information for the Applicant or its agent;
b. A scaled map showing the Pipeline Route;
c. The date operations with heavy equipment are expected to commence; and
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d. The contact information for OGED.
This notice shall be delivered by hand; certified mail, return -receipt requested; or by other
delivery service with receipt confirmation. Electronic mail may be used if the Surface
Owner has approved such use in writing.
Any of the notices required in this Section 21-6-255.B. may be waived in writing by the
Surface Owners provided that a waiver by a Surface Owner shall not prevent the Surface Owner
or any successor -in -interest to the Surface Owner from rescinding that waiver if such rescission
is in accordance with applicable law.
Section 21-6-260. Amendments, termination, or failure to commence use.
A. Any amendments
to
a LAP Permit which
modify or expand the
Pipeline from what was
originally permitted
by
Weld County shall be
filed with the OGED via
a Sundry Form.
1. Substantial changes from the approved LAP may require the approval of a new LAP
Application by the Weld County OGED Director. OGED is responsible for determining
whether a substantial change exists, in which case a new LAP Application and processing
fee will be required. Examples of substantial changes may include but are not limited to,
the following: enlarging the size of the prior approved Pipeline, or an expansion of or a
change to the Pipeline Route.
B. The Construction Phase authorized by an approved LAP Permit shall be completed within
three (3) years from date of recording the final maps in the office of the County Clerk and
Recorder. If not completed, up to an additional three (3) years may be granted by the OGED
Director, for good cause shown, via a Sundry Form, but the Pipeline shall then be subject to
any new rules amended into this Article VI since the approval of the original LAP Permit.
C. Upon termination of the use allowed pursuant to the LAP Permit, the Applicant and/or
Operator of the Pipeline shall follow and comply with the requirements of the decommissioning
plan submitted with the Application and provide written notification to the OGED Director, via
a Sundry Form.
Sect' 21-6-270. Suspension and revocation procedures.
A. If following the notice and timeframes called for in Sec. 21-6-250 above, the OGED Director
determines that one (1) or more of the Development Standards set forth in Division 3 of this
Article VI has not been met, the OGED Director shall notify the Operator of the Pipeline of the
failure to comply with the terms of the LAP Permit and/or Development Standards set forth in
this Article VI. The notice will inform the Operator that a hearing has been scheduled before
the BOCC to determine if the LAP Permit shall be suspended or revoked. Such notice will be
given to the Operator at least ten (10) days prior to the hearing. The Operator shall have the
right to participate and present information at the hearing.
B. The BOCC shall hold a public hearing to determine if one (1) or more of the LAP conditions
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of approval within the final recorded LAP Permit, or Development Standards as set forth in
Division 3 of this Article VI have not been met. Upon such a finding, the Board may revoke
the LAP Permit and seek any appropriate legal remedies to cease the use of the Pipeline. In
lieu of suspension or revocation, the BOCC may order the Operator to submit a compliance
plan and set a timeframe for return to present evidence of compliance.
Sec. 21-6-280. Site inspection by OGED.
OGED staff may inspect, at any time, the Pipeline subject to the regulations set forth in this
Article VI to determine if the Pipeline is in compliance with the requirements of the LAP Permit.
Sec. 21-6-290. Transferability of LAP.
Once issued, LAP Permits are transferable to a new Operator. The new Operator is subject
to all terms and conditions of the LAP and shall be considered the responsible party. Within sixty
(60) days of transfer, the new Operator shall notify the OGED Director in writing of the name,
business address, and other contact information of the new Operator.
Division 3 - LAP Development Standards
The following standards (referred to herein as "Development Standards") apply to all Pipelines
within the Weld Mineral Resource (Oil and Gas) area having received approval of a LAP (or
amendment thereto as required by Sec. 21-6-260).
Sec 21-6-300. Weed control.
All disturbed areas shall be kept free of Weeds through the duration of the Construction
Phase. Weed control measures shall be conducted in consultation with the Surface Owner and
Weld County Weed Management Specialist. The OGED Director may require the submittal of,
and compliance with, a weed control plan as part of LAP approval to provide impact mitigation, or
pursuant to any enforcement action against an Operator. It is the responsibility of the Operator to
monitor reclaimed lands for Weed infestations.
Sec. 21-6-305. Site security.
The Pipeline shall be designed and operated in a manner that is protective of public health,
safety, and welfare during all phases of operation by reasonably preventing public access and
unauthorized vehicular traffic. Appropriate measures shall be implemented during the
Construction Phase to prevent access to the Pipeline by unauthorized persons, wildlife or
domestic animals.
Sec. 21-6-310. Integrity management and leak detection.
Integrity management and leak detection shall be conducted in compliance with all County,
state, and federal regulations.
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ORD2022-01
The Applicant shall provide a yearly certification to OGED stating they are compliant with any
and all State and/or Federally mandated integrity testing plans. These plans shall be provided to
OGED upon written request. When provided, these plans shall be for County review only and will
not be published for public review.
The Applicant shall provide OGED copies of pre -commissioning pressure tests.
For Pipelines which are not State and/or Federally regulated, the Applicant shall provide
OGED annual patrol reports.
Operators shall take precautions to Minimize Adverse Impacts.
Operators shall maintain an EAP with OEM for each LAP with BMP's to adequately protect
any and all critical receptors.
Operators shall notify OEM of any Spills and Releases, as required by the terms of the
approved EAP.
Sec 21-6-315. Safety requirements.
Operators shall comply with all County, state and federal safety rules and regulations.
All Pipelines must be installed at an appropriate depth and have cover sufficient to protect
from damage. In no case shall a Pipeline have less than 30" of cover. On cropland, all Pipelines
must have a minimum cover of four (4) feet.
Sec. 21-6-320. Floodplain and Overlay Zoning District requirements.
An Operator shall comply with Article V and Article XI of Chapter 23 of this Code if the
proposed Route is located within any Overlay Zoning District or a Special Flood Hazard Area
identified by maps officially adopted by the County.
Sec. 21-6-325. Stormwater management.
If applicable, as part of the Application for a LAP, an Operator shall provide proof of a valid
stormwater discharge permit issued by CDPHE. Additional requirements for Municipal Separate
Storm Sewer System (MS4) areas may be applicable pursuant to Chapter 8, Article IX of this
Code.
The OGED Director, utilizing the referral from CPW, shall determine whether conditions of
approval are necessary to Minimize Adverse Impacts from the proposed Pipeline in the identified
High Priority Habitat.
A. In selecting conditions of approval, the OGED Director shall consider the following factors,
among other considerations:
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ORD2022-01
1. The BMPs for the area in which the Pipeline is situated;
2. Anticipated direct and indirect effects of the Pipeline on Wildlife Resources;
3. The extent to which legally accessible, technologically feasible, and economically
practicable alternative routes exist for the proposed Pipeline;
4. The extent to which the proposed Pipeline operations will use technology and practices
which are protective of the environment and Wildlife Resources;
5. The extent to which the proposed Pipeline minimizes surface disturbance and habitat
fragmentation;
6. The extent to which the proposed Pipeline is within land used for residential, industrial,
commercial, agricultural, or other purposes, and the existing disturbance associated with
such use.
B. Subject to exception by the OGED Director for site specific reasons and BMPs, within High
Priority Habitat and Restricted Surface Occupancy Areas, Operators shall comply with the
following operating requirements:
1. During Pipeline construction for trenches that are left open for more than five (5) days and
are greater than five (5) feet in width, install wildlife crossovers and escape ramps where
the trench crosses well-defined game trails and at a minimum of one -quarter (f4) mile
intervals where the trench parallels well-defined game trails.
2. Inform and educate employees and contractors on wildlife conservation practices,
including no harassment or feeding of wildlife.
3. To the extent practicable, share and consolidate new corridors for Pipeline rights -of -way
and roads to minimize surface disturbance.
4. Engineer new Pipelines to reduce field fitting and reduce excessive right-of-way widths
and Reclamation.
5. Use boring instead of trenching across perennial streams considered critical fish habitat.
6. Use wildlife appropriate seed mixes wherever allowed by Surface Owners and regulatory
agencies.
7. Mow or brush hog vegetation where appropriate, leaving root structure intact, instead of
scraping the surface, where allowed by the Surface Owner during Construction Phase.
8. Limit access to oil and gas access roads where approved by Surface Owners, surface
managing agencies, or Local Government, as appropriate.
9. Use wildlife -appropriate fencing where acceptable to the Surface Owner.
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10. Establish new staging areas outside of riparian zones and Floodplains.
11. Use minimum practical construction widths for new easements or rights -of -way where the
Pipeline crosses riparian areas, streams, and critical habitats.
A. Soil removal and segregation. As to all excavation operations undertaken, the Operator shall
separate and store the topsoil horizon, to a maximum depth of twelve (12) inches, and mark
or document stockpile locations to facilitate subsequent Reclamation. When separating the
soil horizons, the Operator shall segregate the horizon based upon noted changes in physical
characteristics such as organic content, color, texture, density, or consistency.
1. If a private easement agreement with a Surface Owner details specific soil removal and
segregation, the easement agreement shall govern, and this Sec_tien 21-6-340.A. shall
not apply.
B. Horizons too rocky or too thin. When the soil horizons are too rocky or too thin for the Operator
to practicably segregate, then the topsoil shall be segregated to the extent practicable and
stored.
C. Protection of soils. All stockpiled soils shall be protected from degradation due to
contamination, compaction and, to the extent practicable, from wind and water erosion. BMPs
to prevent weed establishment shall be implemented.
D. Operator must make reasonable efforts to install Pipelines parallel to crop irrigation rows on
flood irrigated land.
E. Stabilization must
be
performed
for any trenches greater than five (5) feet in depth. Trench
protection shall
be
in
accordance
with OSHA standards.
A. Surface restoration. The surface of the land shall be restored as nearly as practicable to its
condition at the commencement of construction operations, including topsoil restoration and
protection.
B. Compaction alleviation. All areas compacted by construction operations shall be reclaimed to
surface owner specifications to alleviate compaction.
C. Revegetation of Crop Lands. All segregated soil horizons removed from Crop Lands shall be
replaced to their original relative positions and contour and shall be tilled adequately to
re-establish a proper seedbed. The area shall be treated if necessary and practicable to
prevent invasion of Weeds, and to minimize erosion.
D. Revegetation of Non -Crop Lands. All segregated soil horizons removed from Non -Crop Lands
shall be replaced to their original relative positions and contour as near as practicable to
•
2022-0121
ORD2022-01
achieve erosion control and long-term stability and shall be tilled adequately to establish a
proper seedbed. The disturbed area then shall be reseeded in the first favorable season
following construction operations. Reseeding with species consistent with the adjacent plant
community and in coordination with the Surface Owner is encouraged. Reclamation of the
temporary and Permanent €easement shall be considered complete when all ground surface
disturbing activities have been completed, and all disturbed areas have been stabilized in
such a way as to minimize erosion to the extent practicable, and a uniform vegetative cover
has been established that reflects pre --disturbance or Reference Area forbs, shrubs, and
grasses with total percent plant cover of at least eighty percent (80%) of pre -disturbance
levels, excluding Weeds. Re -seeding alone is insufficient. The Operator is responsible for
ensuring successful revegetation of soils disturbed by project related activities, except as
agreed to with the Surface Owner.
E. Temporary Access Permits. If a temporary access permit is associated with a LAP Permit, the
temporary access will be reclaimed in accordance with Chapter 8, Article XIV of this Code.
1
Failure• to comply with any items contained in the approved LAP Permit, the conditions of
approval, or the Development Standards contained herein shall be subject to a financial fee,
assessed daily from the date of notification by the OGED Director, pursuant to Appendix 5-D of
the Weld County Code. The OGED Director shall also utilize Appendix 5-D when assessing fees
due to enforcement actions.
CHAPTER 23
ZONING
The following specific words and phrases, when appearing in this Chapter in uppercase
letters, shall have the meanings stated in this Section:
Delete BUILDING UNIT.
Delete FLOWLINES.
Delete Wellhead Line.
Delete Production Piping.
Delete Production Line.
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2022-0121
ORD2022-01
Delete Dump Line.
Delete Manifold Piping.
Delete Process Piping.
Delete Off -Location Flowline.
Delete Peripheral Piping.
Delete Produced Water Flowline.
Delete OPERATOR.
Delete PIPELINE — NATURAL GAS.
Delete PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
Delete RESIDENTIAL BUILDING UNIT.
ARTICLE II— PROCEDURES AND PERMITS
Irnir]nriIi.xir
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Municode to supplement the Weld County Code with the amendments
contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they
currently exist within said Code; and to resolve any inconsistencies regarding capitalization,
grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections
in said Code.
BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective
of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or
phrases might be declared to be unconstitutional or invalid.
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The above and foregoing Ordinance Number 2022-01 was, on motion duly made and
seconded, adopted by the following vote on the 31st day of January, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
AN
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
Date of signature:
First Reading
Publication:
Second Reading
Publication:
Final Reading
Publication:
Scott K. James, Chair
Mike Freeman, Pro -Tern
Perry L. Buck
Steve Moreno
Lori Saine
December 20, 2021
December 26, 2021, in the Greeley Tribune
January 10, 2022
January 16, 2022, in the Greeley Tribune
January 31, 2022
February 6, 2022, in the Greeley Tribune
Effective: February 11, 2022
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