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Home My WebLink About20213065.tiffMEMORANDUM TO: Board of County Commissioners DATE: December 9, 2021 FROM: Jason S. Maxey — Director, Oil & Gas Energy Department SUBJECT: Ord. 2021-17 - 1041 WOGLA Code — 3rd Reading The purpose of this memorandum is to detail changes to Ord. 2021-17 - 1041 WOGLA Code, prior to 3rd and final reading on 12-13-21. Multiple changes are to definitions, to add clarity to the WOGLA process, or due to moving all Location Assessment for Pipeline (LAP) references to that specific code section, which is being reviewed under Ord. 2022-01. The changes are as follows: 1. Page 2 — Floodplain — modifying this definition to simply refer to Section 23-1-90 (Planning) and keep the definitions consistent. 2. Page 3 — Minimize Adverse Impacts — adding a period on the 4th line, between "practicable" and "Operator". 3. Page 4 — Operator Registration — removing reference to pipelines, will be handled in Ord. 2022-01 (LAP). 4. Page 4 — Overlay Zoning Districts — spelling out "Section". 5. Page 4 — Spud — capitalizing "Well". Adds clarity, especially when referencing the requirements under Sec. 21-5-355 — Required notification. 6. Page 4 — Sundry Form — removing reference to LAP Permit, will be handled in Ord. 2022-01 (LAP). I have received no additional comments, questions, or concerns from Industry regarding Ord. 2021-17. Thank you, Cheryl Hoffman From: Sent: To: Cc: Subject: Cheryl, U Jason Maxey Tuesday, December 7, 2021 2:30 PM Cheryl Hoffman; Bruce Barker; Esther Gesick Kelly Holliday 1041 WOGLA Code - recommended changes for 3rd reading I didn't know the best way to convey these minor changes for 3rd reading of Ord. 2021-17 (1041 WOGLA), so I'm just going to list them in an email. If you need them in another format, please let me know. Two of these changes are due to including the additional definitions in LAP code, so the reference in WOGLA is not necessary. The change to the definition of Spud will help with clarity regarding notices which the Operator is obligated to send (Sec. 21-5-355). Esther — please let me know if this will also work for the BOCC packet. Sec. 21-5-20. Definitions 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 Wells, Oil and Gas Facilities, or Oil and Gas Locations, or Pipeline — Petroleum Products in Weld County. Spud: means to start the wWell drilling process by removing rock, dirt, and other sedimentary material with the drill bit. 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 Oil & Gas Location; or Facility, or LAP Permit, located in the Weld Mineral Resource (Oil and Gas) Area. It may also be referred to herein as "1041 WOGLA Sundry Form", "Sundry" or "Amendment". Thank you, Jason S. Maxey Director / Local Government Designee Oil & Gas Energy Department 1301 N 17th Ave. Greeley, CO 80631 jmaxeyweldgov.com Office: (970) 400-3579 1 002/-SuCP‘ Confidentiality Notice: 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. 2 Cheryl Hoffman From: Sent: To: Cc: Subject: Tom, Jason Maxey Tuesday, December 7, 2021 2:07 PM Tom Parko Jr.; Cheryl Hoffman; Bruce Barker; Jim Flesher; Esther Gesick Kelly Holliday RE: WS: OGED Lap Code - Ord2022-01 Thank you. We will also have to change for the 1041 WOGLA code, since we have the exact same wording for both. My only concern is in Ch. 23, you include two other definitions within the definition of "Floodplain". It looks like you also have definitions for "Flood -Prone Area" and "Flood". We do not include these definitions in WOGLA or LAP. Any suggestions for how to modify ours without also having to include these two other definitions? If Bruce is ok with it, maybe for Floodplain, we could simply use the same wording as we have for "Overlay Zoning Districts", which is "when used in this Article V, shall have the same meaning as the definition included in Sec. 23-1-90." Thank you, Jason S. Maxey Director / Local Government Designee Oil & Gas Energy Department jmaxeyweldgov0com 970-400-3579 From: Tom Parko Jr. <tparko@weldgov.com> Sent: Tuesday, December 7, 2021 12:30 PM To: Jason Maxey <jmaxey@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Jim Flesher <jflesher@weldgov.com>; Esther Gesick <egesick@weldgov.com> Cc: Kelly Holliday <kholliday@weldgov.com> Subject: RE: WS: OGED Lap Code - Ord2022-01 Jason, My apologies if I didn't catch this the last time, but I made one comment on the definition for Floodplain. Tom From: Jason Maxey <maxey@weldgov.com> Sent: Monday, December 6, 2021 2:27 PM To: Cheryl Hoffman <choffman@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Jim Flesher cilesher@weldgov.com>; Esther Gesick <epesick@weldgov.com> Cc: Kelly Holliday <kholliday@weldgov.com> Subject: RE: WS: OGED Lap Code - Ord2022-01 1 Good afternoon! Please see attached. Bruce, I think I captured all the definitions from WOGLA that need to be inserted into Sec. 21-6-10 — Definitions for the LAP code. Since we cannot refer back to the WOGLA code for these definitions, Cheryl can you please add them to the LAP document for 1St reading? In addition to adding these definitions to LAP, there will be a few we need to modify now in the WOGLA code to remove references to LAP. I will have to work on this, and get you the changes Cheryl. I will also have to put together a quick memo for the BOCC in anticipation of 3rd reading on 12-13. Esther, if I get you this memo with some minor changes, can it go in their packet prior to the 13th? Please let me know of any questions. Thank you, Jason S. Maxey Director / Local Government Designee Oil & Gas Energy Department j rnaxeyweldgov.com 970-400-3579 From: Cheryl Hoffman <choffman@weldgov.com> Sent: Monday, December 6, 2021 11:44 AM To: Bruce Barker <bbarker@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Jason Maxey <Tmaxey@weldgov.com>; Jim Flesher <ilesher@weldgov.com>; Esther Gesick <egesick@weldgov.com> Subject: RE: WS: OGED Lap Code - Ord2022-01 Good morning, all. Attached please find the drafted Ord2022-01 incorporating all changes, I believe. Please go through this ordinance and let me know if I've missed anything. Thanks so much! e a L. mGIZ n Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com From: Bruce Barker <bbarker@weldgov.com> Sent: Wednesday, December 1, 2021 1:15 PM To: Cheryl Hoffman <choffman@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Jason Maxey <amaxey@weldgov.com>; Jim Flesher <*flesher@weldgov.com>; Esther Gesick <egesick@weldgov.com> Subject: RE: WS: OGED Lap Code - Ord2022-01 See attached. Includes all of my changes. 2 Definitions to add to LA►P 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." Board of County Commissioners: may also be referred to herein as "BOCC" or "Board". CDPHE: means the Colorado Department of Public Health and Environment. 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: means any land area susceptible to being inundated as a result of a flood, including the area of land over which floodwater would flow from the spillway of a reservoir. The FEMA-mapped Floodplains are shown on FEMA's DFIRM, FIRM and FBFM maps[TPJ1]. 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. Non -Crop Land: means all lands which are not defined as Crop Land, including range land. OGED: 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. 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 Pipelines in Weld County. Overlay Zoning Districts: when used in this Article V, shall have the same meaning as the definition included in Sec. 23-1-90. 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". Weed: means any undesirable plant. Wildlife Resources: means fish, wildlife, and their aquatic and terrestrial habitats. Esther Gesick Fr n Sent: m Subject: Attach ents: Commissioners, 1 /7,72/ Jason Vaxey Wednesday, November 10, 2021 4:26 PM Lori Saine; Mike Freeman; Perry Buck; Scott James; Steve Moreno; Bruce Barker; Cheryl Hoffman; Esther Gesick; Karla Ford 1041 WOGLA Code - Ord. 2021-17 ®rd21-17.2nd.docx At first reading of Ord. 2021-17, I requested consideration of a few minor code changes. I wanted to put them into a quick email so you would all be aware. I've also attached the new code document (with red lines) that also shows these proposed changes (thank you Cheryl!). Second reading is on Wednesday, November 17th Page 7 1. Paragraph under B.7 — strike "letter". 2. B.7.g — strike "letter", and replace with "notice". Page 12 1. Sec. 21-5-345 — Add "C. After the final order is recorded with the Weld County Clerk and Recorder, the 061-4D Director shall forward a copy of the recorded document to the COGCC." Page 17 1. E.4 — change "included" to "including". Page 21 1. A.1 — strike "construction" and replace with "drilling" Thank you, Jason S. Maxey Director / Local Government Designee Oil & Gas Energy Department 1301 N 17th Ave. Greeley, CO 80631 i nnaxe Jweldgov. corn Direct: (970) 400-3579 Confidentiality Notice: 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 1 .6„,„„Lz, Cheryl Hoffman From: Sent: To: Cc: Subject: Attachments: Hi Cheryl, happy Friday! Jason Maxey Friday, November 5, 2021 11:31 AM Cheryl Hoffman; Esther Gesick Bruce Barker RE: 1041 WOGLA Code 20213063-Ord2021-17-1041 WOGLA Code for 1st Reading.pdf I ran into a couple other very minor changes I'd like to include for 2nd reading please, if possible. On page 8 of the attached document, near the bottom: Sec. 21-5-315.B.7 — the paragraph beneath 7, last sentence — need to delete "letter". Same Sec. 21-5-315.B.7 — under that same paragraph, little letter "g" — need to delete "letter", and in its place put "notice". Please let me know if there are any questions. Thank you, Jason S. Maxey Director / Local Government Designee Oil & Gas Energy Department jmaxey@weldgov.com 970-400-3579 From: Jason Maxey Sent: Monday, November 1, 2021 3:23 PM To: Cheryl Hoffman <choffman@weldgov.com>; Don Warden <dwarden@weldgov.com>; Esther Gesick <egesick@weldgov.com> Cc: Jennifer Oftelie <joftelie@weldgov.com>; Bruce Barker <bbarker@weldgov.com> Subject: RE: 1041 WOGLA Code Hi Cheryl, Here you go! On the attached document, the following items are what I mentioned at the BOCC meeting this morning: 1. Page 19 (Sec. 21-5-405.(new)E.4) — 5th word — currently "included", should be changed to "including". 2. Page 23 (Sec. 21-5-490.A.1.) — "drilling" needs to be kept, and not changed to "construction". Not included on the current document, but under Sec. 21-5-345, add "C. After the final order is recorded with the Weld County Clerk and Recorder, the OGED Director shall forward a copy of the recorded document to the COGCC." Please let me know of any other questions. Thank you, 1 Jason S. Maxey Director / Local Government Designee Oil & Gas Energy Department jmaxey@weldgov.com 970-400-3579 From: Cheryl Hoffman <choffman@weldgov.com> Sent: Monday, November 1, 2021 9:30 AM To: Jason Maxey <jmaxey@weldgov.com>; Don Warden <dwarden@weldgov.com>; Esther Gesick <egesick@weldgov.com> Cc: Jennifer Oftelie <ioftelie@weldgov.com>; Bruce Barker <bbarker@weldgov.com> Subject: RE: 1041 WOGLA Code Good morning, Jason, Could you please send me the changes you referenced during the hearing this morning? I'll correct for 15t Readng and make sure the notice is also correct. Thanks! Cheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com From: Jason Maxey <jmaxey@weldgov.com> Sent: Friday, October 29, 2021 7:35 AM To: Cheryl Hoffman <choffman@weldgov.com>; Don Warden <dwarden@weldgov.com>; Esther Gesick <egesick@weldgov.com_ > Cc: Jennifer Oftelie <joftelie@weldgov.com>; Bruce Barker <bbarker@weldgov.com> Subject: RE: 1041 WOGLA Code Thank you very much Cheryl! From: Cheryl Hoffman <choffman@weldgov.com> Sent: Thursday, October 28, 2021 11:30 AM To: Jason Maxey <imaxey@weldgov.com>; Don Warden <dwarden@weldgov.com>; Esther Gesick <egesick@weldgov.com> Cc: Jennifer Oftelie <ioftelie@weldgov.com>; Bruce Barker <bbarker@weldgov.com> Subject: RE: 1041 WOGLA Code Jason, just letting you know, I addressed all your changes too. It's now ready for 1St Reading Monday. Cheryl L. Hoffman Deputy Clerk to the Board 2 Cheryl Hoff . an From: , Se/ Ft:o To: Cc Subject: ttachments: Hi Cheryl, Jason Maxey Monday, November 1, 2021 3:23 PM Cheryl Hoffman; Don Warden; Esther Gesick Jennifer Oftelie; Bruce Barker RE: 1041 WOGLA Code 20213063-Ord2021-17-1041 WOGLA Code for 1st Readingopdf Here you go! On the attached document, the following items are what I mentioned at the BOCC meeting this morning: L Page 19 (Sec. 21-5-405o(new)K4) — 5th word — currently "included", should be changed to "including". 2. Page 23 (Sec. 21-5-490.A01.) — "drilling" needs to be kept, and not changed to "construction". Not included on the current document, but under Sec. 21-5-345, add "C. After the final order is recorded with the Weld County Clerk and Recorder, the OGED Director shall forward a copy of the recorded document to the COGCC." Please let me know of any other questions. Thank you, Jason S. Maxey Director / Local Government Designee Oil & Gas Energy Department 0 jrnaxey@we govocorn 970-400-3579 From: Cheryl Hoffman <choffman@weldgovacom> Sent: Monday, November 1, 2021 9:30 AM To: Jason Maxey <jmaxey@weldgovocorn>; Don Warden <dwarden@weldgov.corn>; Esther Gesick <egesick@weIdgov.com> Cc: Jennifer Oftelie <joftelie@weldgov.com>; Bruce Barker <bbarker@weldgov.com> Subject: RE: 1041 WOGLA Code Good morning, Jason, Could you please send me the changes you referenced during the hearing this morning? I`ll correct for 1St Readng and make sure the notice is also correct. Thanks! Cher L. Hoffman Deputy Clerk to the B:-ard 1150 0 Street/P.O. Box 758 Greeley, CO 80632 aiwa(31,t° it? re 1 Tel: (970) 4004227 choffman@weldgov.com From: Jason Maxey <maxey@weldgovocom> Sent: Friday, October 29, 2021 7:35 AM To: Cheryl Hoffman <choffman@weldgov.com>; Don Warden <dwarden@weldgov.com>; Esther Gesick <egesick@weldgov.com> Cc: Jennifer Oftelie <joftelie@weldgov.com>; Bruce Barker <bbarker@weldgov.com> Subject: RE: 1041 WOGLA Code Thank you very much Cheryl! From: Cheryl Hoffman <choffman©weldgov.com> Santa Thursday, October 28, 2021 11:30 AM TJason Maxey <jmaxey@weldgov.com>; Don Warden <dwarden@weldgov.com>; Esther Gesick <egesick@weldgov.com> Cc: Jennifer Oftelie <Ioftelie@weldgov.com>; Bruce Barker <bbarker@weldgov.com> Subject: RE: 1041 WOGLA Code Jason, just letting you know, I addressed all your changes too. It's now ready for 1st Reading Monday. L. Deputy Clerk t- the Board 1150 O Street/P.O. Box 758 Greeley, C 0632 Tel: (970) 400.4227 choffman@weldgov.co From: Jason Maxey <Imaxey@weldgov.com> Sent: Thursday, October 28, 2021 10:48 AM To: Don Warden <dwarden@weldgov.com>; Esther Gesick <egesick@weldgov.com> Cc: Jennifer Oftelie <oftelie@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com>; Bruce Barker <bbarker@weldgov.corn> Subject: RE: 1041 WOGLA Code Here are the Oil & Gas fees, including WOGLA and the new LAP proposals. I took a stab at the LAP wording, please let me know if you have any suggested modifications. Thank you, Jaso r,, Se M..ey Director / Local Government Designee Oil & Gas Energy Department jmaxeywe1dgov.com 970-400-3579 Fr .• m: Jason Maxey Sent: Thursday, October 28, 2021 10:18 AM 2 To: Don Warden <dwarden@weldgov.com>; Esther Gesick <egesick@weldgov.com> Cc: Jennifer Oftelie <joftelie@weld-ov.com>; Cheryl Hoffman <choffman@weldgov.com>; Bruce Barker <bba rker@weldgov.com> Subject: RE: 1041 WOGLA Code Thank you for that clarification. I was under the wrong impression, that the LAP fee changes could go along with those code changes. If it's ok with everyone on this thread, I will get those LAP fee changes to you today, in hopes they can be incorporated into the upcoming dates that Esther listed in her email. Thank you, Jason S. Maxey Director / Local Government Designee Oil & Gas Energy Department j maxeyweldgov .corn 970-400-3579 From: Don Warden <dwarden@weldgov.com> Sent: Thursday, October 28, 2021 9:59 AM To: Esther Gesick <egesick@weldgov.com>; Jason Maxey <imaxey@weldgov.com> Cc: Jennifer Oftelie <joftelie@weldgov.com>; Cheryl Hoffman <chol=fman@weldgovocom>; Bruce Barker <bbarker@weldgov.com> Subject: RE: 1041 WOGLA Code Yes, the fees should all be incorporated with the Chapter 5 fees schedules in the Exhibits so they are all approved at once by the BOCC. Donald D. Warden Director of Finance and Administration Finance and Administration ,PO Box 758 1150 O Street Greeley, CO 80632 tel. 970-356-4000 Extension 4218 email: dwarden@co.weld.co.us Confidentiality Notice: 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@weldgov.com> Sent: Thursday, October 28, 2021 9:34 AM 3 Tte Jason Maxey <jmaxey@weldgov.com> Cc: Don Warden <dwarden@weldgov.com>; Jennifer Oftelie <oftelie@weldgovacom>; Cheryl Hoffman <choffman@weldgov.com>➢ Bruce Barker <bbarker@weldgov.com>; Esther Gesick <egesick@weldgov.com> Subject: RE: 1041 WOGLA Code Hi Jason, I've copied Don and Jen so they can chime in and correct me if I'm wrong, but if you have fees that need to be reflected in Chapter 5, I would go ahead and get those turned in to Don/Jen so I can get them incorporated with Ord #2021-19. I don't think your other ordinance changes would have to be completed prior (there are a couple other departments that have code changes happening concurrently). The schedule for the Fees ordinance is provided below, with the goal of them being effective January 1st. 10/22/21- Changes due from Depts. 11/10/21- Read to audio 11/15/21 - 1st Reading 11/19/21 - send 11/21/21- publish 12/06/21 - 2nd Reading (MF - OUT) 12/08/21 - send 12/10/21- publish 12/20/21 - 3rd Reading 12/22/21 - send 12/26/21 - publish 01/01/22 - Effective Esther E Gesick Clerk to the Board 1150 O Street/P.O. Box 758lGreeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: 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: Jason Maxey <jmaxey@weldgov.com> Setit: Thursday, October 28, 2021 9:26 AM To: Cheryl Hoffman <choffman@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Bruce Barker <bba rker@weldgov.com> Subject: RE: 1041 WOGLA Code Great, thanks to you and Esther for reviewing prior to me and my tardiness! Ok, so that brings up another question then about Chapter 5. I have other code changes (LAP) that are a little behind these WOGLA code changes. But they will also have Chapter 5 fee changes. I was going to include those with the LAP changes, but should I include those now? Thank you, 4 Jason S. Maxey Director / Local Government Designee Oil & Gas Energy Department jmaxey@wel gov.com 970-400-3579 From: Cheryl Hoffman <choff mars@weldgov.com> Sent: Thursday, October 28, 2021 9:24 AM To: Jason Maxey <jmaxey@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Bruce Barker <bbarker @weldgov.com> Subject: RE: 1041 WOGLA Code Thanks, Jason. I'll make sure all these corrections have been made. Esther proofed it after I sent it out and caught several (or maybe all) of the below corrections. As far as changes to Chapter 5, these are incorporated in our Annual Fees ordinance Don Warden is presenting. Ord2021-19 is the number on those changes. Esther is drafting that ordinance and first reading is scheduled for 11/15/21. C eno oifman a Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com From: Jason Maxey <imaxey@weldgov.com> Sent: Thursday, October 28, 2021 9:18 AM T•j: Cheryl Hoffman <choffman@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Bruce Barker < b ba rke r©we l dgov. co m> Subject: RE: 1041 WOGLA Code Cheryl, I hope these aren't too late ...sorry about getting them to you so close to this being read! Under definitions, 1041 WOGLA Zone had changes that are not captured. On page 3, the way you have it is fine, but we are not changing the definition of Hydraulic Fracturing, it is just moving to be in alphabetic order. Oil and Gas Operations had a change that wasn't captured. Oily Waste had a couple commas added that weren't captured. 21-5-300.B. — the comma after County can be deleted. Under Table 405 A.1 — too much is deleted, LZ needs to stay but everything else can go. 21-5-425.A.1. — we had a comma after wildlife. Do we need that or no? 21-5-430 - I don't have this as an addition...1 01 don't believe we changed anything to this section from the current code. Did you include the changes to Appendix 5-D in another attachment? Just checking, I didn't see anything on the document you sent... 5 Thank you so much for all your help with this! Thank you, son S. Maxey Director / Local Government Designee Oil & Gas Energy Department jmaxeywe1dgov0com 970-400-3579 From: Cheryl Hoffman <choffman@weldgov.com> Sent: Thursday/ October 21, 2021 9:37 AM To: Jason Maxey <jmaxey@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Bruce Barker <bba rker@weldgov.com> Subject: RE: 1041 WOGLA Code Good morning, Jason and Bruce, I have attached Ord2021-17 for Chapter 21 scheduled for November 1 for first reading. Could you please go over this with a fine tooth comb and make sure I have everything? Just let me know if changes need to be made prior to Wednesday, 10/27 since this will be read to audio on Thursday, 10/28. Thank you both! Cheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com From: Jason Maxey <jmaxey@weldgov.com> Sent: Friday, October 15, 2021 11:16 AM To: Esther Gesick <egesick©weldgov.com>; Cheryl Hoffman <choffman@weldgov.com>; Bruce Barker <bba rker@weldgov.com> Subject: RE: 1041 WOGLA Code That's great, I'll hold off! Thank you, n S. Maxey Director / Local Government Designee Oil & Gas Energy Department Jmaxey@weldgov.com 970-400-3579 6 From: Esther Gesick <egesick@weldgov.com> Sent: Friday, October 15, 2021 11:15 AM To: Jason Maxey <jmaxey@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com>; Bruce Barker <bba rker@weldgov.com> Subject: RE: 1041 WOGLA Code FYI - Cheryl will be sending appointments for everything, so you may want to hold off on your calendar so you don't end up with a bunch of duplicates. Esther E. Gesick Clerk to the Board 1150 OStreet /P.O. Box 758IGreeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: 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: Jason Maxey <jmaxey@weldgov.com> Sent: Friday, October 15, 2021 11:13 AM To: Cheryl Hoffman <choffman@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Esther Gesick <egresick@weldgov.com> Subj :ct: RE: 1041 WOGLA Code Sounds good to me! Cheryl, please let me know if you need anything else from me. I'll put these dates on my calendar. Thank you, Jason S. Maxey Director / Local Government Designee Oil & Gas Energy Department jmaxey@weldgov.com 970-400-3579 From: Cheryl Hoffman <choffman@weldgov.com> Sent: Friday, October 15, 2021 9:54 AM To: Bruce Barker <bbarker@weldgov.com>; Jason Maxey <jmaxey@weldgov.com>; Esther Gesick <egesick@weldgov.com> Subject: RE: 1041 WOGLA Code Yes, absolutely! We'll change rd Reading to Wed, 11/17. All other appointments remain the same. Thank you! hery an Deputy Clerk to the Board 7 7 750 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 chof an@weldgov.com Fr m: Bruce Barker <bbarker@weldgov.com> Sent: Friday, October 15, 2021 9:43 AM To: Cheryl Hoffman <choffman@weldgov.com>; Jason Maxey <jmaxey@weldgov.com>; Esther Gesick <egesick@vveldgov.com> Subject: RE: 1041 WOGLA Code Looks good, except I will be gone the week of 11/22. Can we do the 2nd Reading on 11/17? Bruce T. Barker, Esq. Weld County Attorney R.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 400-4390 Fax: (970) 352-0242 Confidentiality Notice: 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 attorney privileged and 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: Cheryl Hoffman <choffman@weldgov.com> Sent: Friday, October 15, 2021 9:40 AM To: Jason Maxey <jmaxey@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Bruce Barker <bbarker@weldgov.com> Cc: Cheryl Hoffman <choffman@weldgov.com> Subject: RE: 1041 WOGLA Code How do these dates look? 10/28 — Read to audio 11/1 — 1st Reading (Mike Freeman out) 11/4 — Send to paper (1 day early on Thursday — more than 3 pages typed) 11/7 — Publish (Sun) 11/22 — 2"d Reading (all BOCC here) 11/24 — Send to paper (Wed — due to holiday) 11/28 — Publish (Sun) 12/13 — Final Reading (all BOCC here) 12/17 — Send to paper (Fri) 12/19 — Publish (Sun) 8 12/24 -- Effective Please let me know. If good, I will calendar the dates. Thanks! ryFJ Lm H Erman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 chof man@weldgovocom From: Jason Maxey <jmaxey@weldgov.com> Sent: Thursday, October 14, 2021 3:26 PM To: Cheryl Hoffman <choffman@weldgov.com>; Esther Gesick <egesick@weldgov.com> Subject: RE: 1041 WOGLA Code Great, thanks again! Thank you, Jason S Maxey Director / Local Government Designee Oil & Gas Energy Department j maxeywe1dgov.corn 970-400-3579 From: Cheryl Hoffman <choffman@weldgov.com> Sent: Thursday, October 14, 2021 3:24 PM To: Jason Maxey <jmaxey@weldgov.com>; Esther Gesick <egesick@weldgov.com> Subject: RE: 1041 WOGLA Code I think that's a reasonable timeframe, Jason. We'll start with 1St Reading on 11-1. I'll send you possible dates by tomorrow. r L. H firnan Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com an@weldgov.com From: Jason Maxey <maxey@weldgov.com> Sent: Thursday, October 14, 2021 3:14 PM To: Cheryl Hoffman <choffman@weldgov.com>; Esther Gesick <egesick@weldgov.com> Subject: RE: 1041 WOGLA Code You're welcome, thanks for helping work on it! If the timing works out for you, I'd be ok with Mike being out on 11-10 Thank you, Also S. Maxey Director / Local Government Designee Oil & Gas Energy Department 0 jmaxey@we dgov.com 970-400-3579 Fr n: Cheryl Hoffman <choffman@weldgov.com> Sent: Thursday, October 14, 2021 3:08 PM Trio Jason Maxey <jmaxey@weldgov.corn>; Esther Gesick <egesick©weldgov.com> Subject: RE: 1041 WOGLA Code Okay, Jason. Thank you for forwarding all of this. It looks like Mike Freeman is out on 11/1 and 11/3 and both Mike and Steve are out on 11/8. If this is okay with you for first reading, I can calendar from one of those dates? Just let me know. Thanks again! L H.airnan Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 cho rnan@weldgov.com Frm: Jason Maxey <jmaxey@weldgov.com> Sent: Thursday, October 14, 2021 2:56 PM Ti: Cheryl Hoffman <choffman@weldgov.corn>; Esther Gesick <egesick©weldgov.com> Subject: 1041 WOGLA Code Hi Cheryl and Esther, We are ready to move forward with 1041 WOGLA code changes! Attached is the Word version of the code that we have been working on (we started with the current ordinance doc.). Similar to prior versions, we tracked changes how Bruce asked us to — using highlights to show changes, along with strikethroughs to show deletions and no strikethrough to show additions. Please let me know of any questions you may have. I'm also including another Word doc, this one dealing with fees. I've spoken with Don We about this, so he is aware and agreeable. If we could shoot to have first reading November 1St or 8th, that would be great. If that's not possible, just let me know what is. Thank you again! Jason S. Maxey 10 Director / Local Government Designee Oil & Gas Energy Department 1301 N 17th Ave. Greeley, CO 80631 jmaxeyweldgov.com Direct: (970) 400-3579 Confidentiality Notice: 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. 11 WELD COUNTY CODE ORDINANCE 2020-12 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of 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. CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST REPEAL AND RE-ENACT ARTICLE V - Guidelines and Regulations for Oil and Gas Exploration and Production in the Unincorporated Area of Weld County (Designated as Mineral Resource Area of State Interest) Division 1 - General and Introductory Provisions Sec. 21-5-10. Purpose, intent, and authority. On June 10, 2019, pursuant to the provisions of Article I of this Chapter, the Board of County Commissioners of Weld County designated the entire unincorporated area of Weld County, Colorado, as a mineral resource (oil and gas) area of state interest [the "Weld Mineral Resource (Oil and Gas) Area"], through the authority delegated to Local Governments in Section 24-65.1- 202, C.R.S. Such designation is contained in Sec. 21-5-200, below. The regulations (referred to herein as "1041 WOGLA Regulations") set forth in this Article V are also made pursuant to the authority granted Weld County in the Colorado Areas and Activities of State Interest Act ("AASIA"), Sections 24-65.1-101, et seq., C.R.S.; the Colorado Local Government Land Use PAGE 1 2021-3065 Enabling Act, Sections 29-20-101, et seq., C.R.S., including, without limitation, Section 29-20- 104, 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 I _ ome Rule Charter to ensure self- determination and to promote the health, safety, security and general welfare of the people of Weld County; and .all of the authorities granted to Local Governments in Title 34, Article 60, C.R.S. and in particular all of the rrtendments thereto included in S.B. 19-181. The purpose and intent of the 1041 GLA Regulations set forth in this Article V are to: A. Encourage planned and orderly oil and gas development in Weld County; B. Provide for the needs of agriculture, industry, commerce, residential communities and recreation in future growth in Weld County; C. Encurage Uses of land and other natural resources which are in accordance with their original character and adaptability in Weld County; D. Conserve soil, water and agricultural resources; to protect vested water and property rights; and to encourage exploration and production of oil and gas within the Weld Mineral Resource ( it and Gas) Area in Weld County; E. Protect air quality in Weld County; F. Protect the environment and wildlife in Weld County; G. Promote the efficient and economic use of public resources in Weld County; H. Protect ano administer the Weld Mineral Resource (•il and Gas) Area in such a manner as to permit the exploration and production of oil and gas through efficient location siting to eliminate or mitigate material adverse impacts and thereby minimize waste, unless such explorati n and production would cause significant danger to public health, safety, welfare, environment and wildlife in Weld County; :glance the protection, mitigation of damage to and enh<mcement of environmental resourc? s with the exploration and production of oil and gas within the Weld Mineral "esource (Oil and Gas) Area in Weld County; and J. Regulate the exploration and production of oil and gas within the Weld Mineral Resource (Oil and Gas) Area to balance the rights associated with property ownership of mineral owners with the protection of the environment and wildlife in Weld County and the health, safety and welfare of the citizens of Weld County. Sec. 2'E =5®20. Defe ationno In addition to the terms defined in Sec. 21-1-90 of this Code, the following terms specific t the designation of site selection and construction of Oil and Gas L,•cations and Oil end 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 and may also be ref=erred 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. PAGE 2 20202361 ORD2020-12 Fracturing. be referred to herein as "Sundry Form." 1041 WOGLA Zone: means a boundary measuring thousand (1-2,000) feet from the Oil and Gas Location. Applicant: means the person or entity who applies for a 1041 WOGLA Permit The Applicant may be referred to herein as the "1041 WOGLA Permittee" or "Operator." one two Application: means the 1041 '',1•GLA Permit application filed by the Applicant pursuant to Sec. 21-5-320 of this Code and may also be referred to herein as the "1041 WOGLA Permit Application." Application for Intervention: means an application supplied by OGED for the purpse applying to intervene in a 1041 WOGLA Hearing pursuant to Sec. 21-5-340 of this Article V. AQCC: means the Colorado Air Quality Control Commission. 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." Barrel: means 42 (U.S.) gallons at 60°F at atmospheric pressure. Hydraulic Best Management Practices (BMPs): means practices that ire designed to prevent or reduce impacts caused by Oil and Gas Operations to air, water, soil, or biological resources, and to Minimize Adverse Impacts to public health, safety and welfare, including the environment and Wildlife Resources. Board of County Commissioners: may also be referred to herein as "BOCC" or "Board". Building Unit: means a Residential Building Unit, as defined in this Article V, and any building that is used for business or commercial purposes that is normally occupied during working hours. CIJPHE: 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 is subject to the requirements of 29 C.F.R. Section 1910.1200(g)(2) (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 WOf"LA Permit notice pursuant to Sec. 21-5-315.3, below. A Child Care Center will include any associated outd.or 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 Quality Control Commission, pursuant to the Basic Standards and Methodologies for Surface Water Regulations (5 C.C.R. 1002-31). Closed Loop System: means a mechanical system that separates liquids and solids during drilling operations to eliminate the need fr reserve pits. PAGE 3 2020-2361 ORD2020-12 COGCC: means the Colorado and Gas Conservati -odusing "las through gin-g-are-Gepai as an Oil Well or Gas Well, wol he A dry hole sh n Commission. all be considered PQ completed when zone all n pleted when tie drilling r means operations conducted on a Well(s), subsequent to drilling, that are necessary tprepare or re -stimulate the Well(s) for production. Completion operations include, but are not limited to fracture preparation, Hydraulic Fracturing, drill -out and Flowback. Comprehensive Development Plan: means a plan covering future Oil and Gas Operations in a defined geographic area within a geologic basin. Comprehensive Development Plans may also be referred to herein as a "CDP." Construction Phase: means all those activities related to the site construction, drilling and well completion that occur prior to interim reclamation being performed in accordance with Sec. 21-5- 555 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 stred, transported, treated, disposed of, or otherwise handled. Examples include, but are not limited to, drums, barrels, totes, carboys, and oottles. CPW: means Colorado Parks nd Wildlife. Crop Land: means lands which are cultivated, mechanically or manually harvested, or irrigated for vegetative agricultural production, excluding range land. Day: means calendar day. Designated Outside Activity Area ("DOAA"): means: 1. 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 Local Government, which thc Local Government requests to have established as a DOAA; or 2. 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 Oil and i,Jas 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 Operator intends to extract oil, gas and other resources from. Drilling Fluid: means the fluid mixture of water, mud, oil, and chemicals used to lubricate the drill bit during drilling operations. Drilling Pits: means those Pits used during drilling operations and initial Completion of a Well, and include: PAGE 4 2020-2361 OR02020-12 ncillary 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 nd solids produced during initial Completion procedures, and not originally constructed for use in drilling operations. 3. Flowback Pits used to contain fluids and solids produced during initial Completion procedures. 4. Reserve Pits used to store drilling fluids for use in drilling operations o r to contain E&P 1/1/ -site generated during drilling operations and initial Completion procedures. Enhanced Recovery: means a technique of recovering additional oil and gas from a mineralized zone by injecting fluids in an effort to force more of the hydrocarbons to a Well. EPA: means the Envir,•-nmental Protectin Agency. 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. Exploration And Production Waste ("ESP Waste'): means those . as es ass d V ted with operations to locate or remove oil or gas from the ground or to remove impurities from such substances which are uniquely associated with and intrinsic to oil and gas exploration, development, or productin operations that are exempt from regulation under Subtitle C of :he Resource Conservation and Recovery Act (RCRA), 42 USC Sections 6921, et seq. For naturJ gas, prim- ry field operations include those production -Hated activities ,t or near the ellhead and at the gas plant (regardless of whether or not the gas plant is at or near tht wellhead), but prior to transport of the natural gas from the gas plant to market. are considered E&P Wastes, even if a change of custody in the natural gas Field: means the general rea which is underlaid or appears to be underlaid by at least one (1) pool; and "Field" shall include the underground reservoir or reservoirs containinr g; s or both. The words "Field" and "pool" mean the same thing when only one (1) underground r`=:servoor is involved; however, "Field," unlike "pool," may relate to two or more reservoirs. Financial Assurance: means a surety bond, cash collateral, certificate of deposit, letter of credit, sinking fund, escrow account, lien on property, security interest, guarantee, or other instrument c r method in favor of and acceptable to the OGED Director. The term encompasses general liability insurance. Floodplain: means any land area susceptible to being inundated as a result of a flood, including the area of land over which floodwater would flow from the spillway of a reservoir. The FEMA-mapped Floodplains are shown on FEMA's DFI RM, FIRM and F FM maps. Flowback: means the liquid used in Hydraulic Fracturing operations th t returns to the surface after being injected into the formation. Flowline: means a segment of pipe transferring oil, gas, or condensate and/or water between a wellhead anc processing equipment to the load point or point of delivery to a U.S. Department of Transportation Pipeline ;nd Hazardous Materials Safety Administration or Colorado Public PAGE 5 2020-2361 OR 2020-12 Utilities Commission regulated Gathering Line or a segment of pipe transferring Produced Water between a wellhead and the point of disposal, discharge, or loading. This definition of Flowline does not include a Gathering Line. The different types of Flowlines are: 1. Wellhead Line: A Flowline that transfers Well production fluids from an Oil or Gas Well to processing equipment (e.g., separator, production separator, Tank, heater treater), not including preconditioning equipment such as sand traps and line heaters, which do not materially reduce line pressure. 2. 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: a. Production Line: A Flowline connecting a separator to a meter, LACT, or Gathering Line; b. 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; c. 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 d. 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. 3. Off -Location Flowline: A Flowline transferring produced fluids (crude oil, natural gas, condensate, or Produced Water) from an Oil and Gas Location to a Production Facility, injection facility, Pit, or discharge point that is not on the same Oil and Gas Location. This definition also includes Flowlines connecting to gas compressors or gas plants. 4. Peripheral Piping: A Flowline that transfers fluids such as fuel gas, lift gas, instrument gas, or power fluids between Oil and Gas Facilities for lease use. 5. Produced Water Flowline: A Flowline on the Oil and Gas 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). 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. 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 Sec. 21-5-315.B., below. To be considered a Future School Facility, the following requirements must be satisfied: 1. For public, non -charter Schools, the School Governing Body must affirm the nature, timing, and location of the Future School Facility in writing; or PAGE 6 2020-2361 ORD2020-12 2. For charter Schools, the Scriool 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 21-5-315.I3, blow, ard th Sch *I Governing Body must affirm the nature, timing, and location of the Future School Facility in writing; or 3. For private Schools, the School Governing Body must be registered with the -ffice of the Colorado Secretary of State at the time it receives a 1041 W•GLA Permit notice pursuant to Sec. 21-5-315.B, 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 vernment building and planning office. Gas Facility: means those facilities that process or compress natural gas after production - related activities which are conducted a{t 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, obs _ rvaaion, or monitoring of 'iatural gas stored in underground formations. The fact that any such Well is used incidentally for the production of native gas or the enhanced recovery of native hydrocarbons shall not affect its status ;s ;JR Gas Storage Well. Gas Well: means a Well, the principal production of which at the mouth of the defined by the Oil and Gas Conservation Act of the State of Colorado ("the Act"). ell is gas, as Gathering Line: means a gathering Pipeline or system as defined by the Colorado Public Utiliti-s Commission, Regulation No. 4, 4 C.C.R. 723-4901, 'part 4, (4 C.C.R. 723-4911) 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 B. ter amendments. 49 C.F.R. Soction 195.2 or 192.: 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.s R. 723- 4901 may be found at https://www.sos.state.co.us. Groundwater means subsurface aters in a zone of saturation. High Occupancy Building Unit: means .ny Nursing Facility as defined in Sectio '03(14), C.R.S., Hospital, Life Care Institutions as defined in Section 12-13-101, C Correctional Facility as defined in Section 17-1-102(1.7), C.R.S., provided the facility or regular y serves fifty (50) or more persons. Hi, fh Priority Habitat: means the high priority wildlife habitat areas in Weld Co in Rule 1203 of tir COGCC Rules. HMWMD: means Hazardous Materials and Waste Management Division of th 1 25.5-4- R. S. , or stitution unty ide ratified CDPHE. Hydraulic Fracturing: means all stages of the stimulation process of a Well by the application of Hydraulic }-racturing 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. Hydraulic Fracturing Fluid: means the fluid aulic Fracturing Additives, used to perform Hydraulic Fracturing. PAGE 7 2020-2361 O F" D2020-12 LACT ("Lease Automated Custody Transfer"): means the transfer of produced crude oil or condensat , after prcessing or treating in the producing operations, 'rorn storage vessels or automated transfer facilities to Pipelines or any other form of transportation. s> 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 T re,:tment may be enhanced by tilling, disking, aerating, composting and the addition of nutrients or microbes. Local Government: means a county (in this Article V other than Weld County), home rul=t or statutory city, town, territorial charter city or city and county, or any special district established Qursuant to the Special District Act, Sections 32-1-101 to 32-11-807 (2013) C.R.S, which is located within one two thousand (42,000) feet fern the Oil and Gas 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. 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 Resourc s, 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, aid is technica y feasible., mitigate the effects -of unavoidable -d--4recision-s—t en to co rid 1 but-ar Feb ue Lam s, and other comp° 0 plc ps include I-i-s, Multi -Well Pits: means Pits used for treatment, storage, recycling, reuse, or disposal o`F E&P Wastes generated from more than one (1) Well that will be in use for no more than three (3) years. Non -Crop Land: means all lands which are not defined as Crop Land, including range land. OGED: means the Weld County Oil and Gas Energy Department. PAGE 8 2020-2361 ORD2020-12 OGED Director means the Director of the Weld County Oil and Gas Energy Department, his/her their designee. Oil and Gas Facility: means equipment or improvements used or installed at an Oil and Gas Location for the exploration, production, withdrawal, treatment, or processing of crude oil, condensate, E&P Waste, or gas; excluding Pipeline — Petroleum Products natural gas and Pipeline - petroleum products other than natural gas, as those terms are defined in Chapter 23 Article VI of this Chapter 21 Code, and all other Pipelines and Flowlines used or installed at the Oil and Gas Facility. Oil and Gas Facility may also be referred to herein in certain circumstances synonymously as "Facility". Oil and Gas Location: means a definable area where an Operator has disturbed or intends to disturb the land surface to locate an Oil and Gas Facility . 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, deepening, recompleting, reworking, injection of fluids for Enhanced Recovery, or abandoning a Well; producing operations related to any Well, including installing Flowlines; the generating, transporting, storing, treating, or disposing of exploration and production wastes; and any constructing, site preparing, or reclaiming activities associated with such operations. Oil and Gas Solar Energy Facility (OGSEF): means a facility whose primary purpose is to supply electricity to the Oil and Gas Location and consists of one or more solar arrays and other accessory structures and equipment. The OGSEF shall be no more than ten (10) acres in size, and shall be contiguous to, as well as considered part of, the Oil and Gas Location. Procedures for approval and operation of OGSEF's are contained in Article VII of this Chapter. 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 pPerson who exercises the right to control the conduct of Oil and Gas Operations. An Operator may be an Applicant for a 1041 WOGLA Permit. The Operator may be referred to herein as the "1041 WOGLA Permittee" or "Applicant." Operator Registration: means the process by which a pPerson, 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 pPerson, company or other entity has operational Wells, Oil and Gas Facilities, OF Oil and Gas Locations, or Pipeline — Petroleum Products in Weld County. Overlay Zoning Districts: when used in this Article V, shall have the same meaning as the definition included in Sec. 23-1-90. WOGLA Permit 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. PAGE 9 2020-2361 ORD2020-12 Pit: means any natural or man-made depression in the ground used for oil or gas exploration or production purposes. Pit does not include Fresh Water Pits, steel, fiberglass, concrete or other similar vessels which do not Release their contents to surrounding soils. Plugging and Abandonment (P&A): means the cementing of a Well, the removal of its associated Production Facilities, the abandonment of its Flowline(s), and the Remediation and Reclamation of the wellsite. Point of Compliance: means one (1) or more points or locations at which compliance with applicable 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. Production Facility: means any storage, separation, treating, dehydration, artificial lift, power supply, compression, pumping, metering, monitoring, and other equipment directly associated with a Well. Production Phase: All those activities on an Oil 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 Sec. 21-5-555 of this Article V. 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. 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. Proppant: means sand or any natural or man-made material that is used in a Hydraulic Fracturing to prop open the artificially created or enhance natural fractures within the formation during Completion operations. Public Water System: means those systems shown and/or listed in Appendix VI of the COGCC 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: 1. Any collection, treatment, storage, and distribution facilities under control of the Operator of such system and used primarily in connection with such system. 2. 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). PAGE 10 2020-2361 ORD2020-12 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 to landowner specifications. Reclamation may be interim or final as set forth in Sec. 21-5-555 and 21-5-560 of this Article V. eference Area: means an area either (1) on a portion of the site that will not be disturbed by Oil and Gas Operations, if that is the desired final Reclamation; or (2) another location that is undisturbed by Oil and Gas Operations and proximate and simil.r ta 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 -GED Director and the Operator for the purpose of providing baseline information for Reclamation standards, ano 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 •f this code and other applicable ground water standards and classifications. Remote Location: means an Oil and Gas Location where there are no sensitive receptors (e.g. Building Units, High Priority Habitats, or Designated Outside Activity Areas) that are located within 1.0 mile (5,280 ft), a remote location may otherwise be determined by the OGED Director based on existing topographical, geographical, and other factors. Reserve Pits: means those Pits used to store drilling fluids for use in drilling operations or to contain E&P Waste generated during drilling sperations and initial Completion procedures. Residential Building Unit: means a building or structure designed for use as a place of residency by a person, a family, or families. The term includes manufactured, mobile, and modular homes, except to the extent that any such manufactured, mobile, or modular home is intended for tTemporary occupancy, or for business purposes. Responsible Party: means an owner or Operator who conducts an Oil and Gas Operation in a manner which is in contravention of any then -applicable provision of this Code, or rder of the Hearing Officer, or of any permit, that threatens to cause, sr actually causes, a significant adverse environmental impact to any air, water, soil, or biological resource. Responsible Party includes any person who disposes of ny 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: means any operating Public School as defined in Section 22-7-703(4), C.R.S., including any Charter School as defined in Section 22-30.5-103(2), C.:4.S., r Sectin 22-3#.5- 502(6), C.R.S., or Private School as defined in Section 22-30.5-103(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 •;r School Governing Body has the legal right to use the Sch ®1 Facility at its discretion. The definition includes Future School Facility. PAGE 11 2020-2361 ORD2020-12 School Governing Body: means the School district board or board of directors for public Schools or the board of trustees, board of directors, or any other body or person charged with administering a private School or group of private Schools, or any -body or person responsible for administering or operating a Child Care Center. A School Governing Body may delegate its rights under these rules, in writing, to a superintendent or other staff member, or to a principal or senior administrator of a School that is in proximity to the proposed Oil and 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. Additionally, areas classified for domestic use by the Colorado Water Quality Control Commission, local (water supply) wellhead protection areas, areas within one -eighth (1/8) mile of a domestic water Well, areas within one -quarter (1/4) mile of a public water supply Well, ground water basins designated by the Colorado Ground Water Commission, and surface water supply areas are Sensitive Areas. When the Operator or OGED Director has data that indicate an impact or threat of impact to ground water or surface water, the OGED Director may require the Operator to make a Sensitive Area determination and that determination shall be subject to the OGED Director's approval. The Sensitive Area determination shall be made using appropriate geologic and hydrogeologic data to evaluate the potential for impact to ground water and surface water, such as soil borings, monitoring Wells, or percolation tests that demonstrate that seepage will not reach underlying ground water or Waters of the State and impact current or future uses of these waters. Operators shall submit data evaluated and analysis used in the determination to the OGED Director. Operations in Sensitive Areas shall incorporate adequate measures and controls to prevent significant adverse environmental impacts and ensure compliance with the concentration levels in Appendix 21-A of this Code, with consideration to WQCC standards and classifications. Site Analysis: means the comprehensive planning process performed by the Applicant which considers the site the Applicant intends to deliver to Staff 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 Wastes. 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: PAGE 12 2020-2361 ORD2020-12 1. Blowdown Pits used to collect material resulting from, including but not limited to, tie emptying or depressurizing of Wells, vessels, or Flowlines, or E&P Waste from gathering systems. 2. J _ tare Pits used exclusively for flaring gas. 3. Basic Sediment/Tank Bottom Pits used to temporarily store or treat the extraneous m lterWs in crude oil which may settle to the bottoms of TanKs or production vessels and which may contain residual oil. S 4. Workover Pits used to contain liquids during the performance of remedial •;perations n a producing Well to increase production. 5. Plugging Pits used for containment of fluids encountered during the plugging process Spill: means any unauthorized sudden discharge :•f E&P Este to the environment. Spud: means to start the well drilling process by removing rock, dirt, and other sedimentary material with the drill bit. Stormwater means rain or snowmelt that flows over land and does not percolate into soil and includes stormwater that flows onto and ,•off an Oil and t_ as cation or it nd G S 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. Sundry Form: means a multipurpose form supplied by the OGEI% used by the Operator to request approval of proposed amendments or provide notice of various operations on any Oil & Gas Location, Facility, or LAP Permit, located in the Weld Mineral Resource (Oil and Gas) Area. It may also be referred to herein as "1041 WOGLA Sundry Form", ` Sundry" or "Amendment". Surface Owner: means any person currently owning all or part .f the surface of land upon which OH and Gas 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 purch..zse. Surface Use Agreement ("SUA"): means any agreement in the nature of a contract or other firm of document, signed by the landowner and notarized, binding on th Operator, including any lr i. se, damage agreement, waiver, Local Government approval or permit, or other form of agreement, which governs the S-perator's activities within the Oil and Gas Location. 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 (5) 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 Tank: means a stationary vessel constructed of non -earthen materials (e.g concrete, steel, plastic) that provides structural support 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, PAGE 13 2020-2361 R®2020-12 Produced Water anks, and gun barrels. Exclusions include containers and process vessels suoh as separators, he r treaters, rr=?e water knockouts, and slug catchers. Temporary: means a period of six (6) months or less. Turn -in -Line: means a well turned to sales, and may also be referred to herein as "TIL." USDA: means the Unitd 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". Weed: means any undesirable plant. Well: means an Oil Well or Gas Well, a hole drilled for the purpose of producing oil or gas, a Well into which fluids are injected, a Stratigraphic Well, as Storage Well, or a Well used for the purpose of monitoring • r observing a reservoir. Well Site: means the areas that are directly disturbed during the drilling and subsequent operation :•,f, or affected by T'roduction Facilities directly associated ith, any Oil Well, Gas Well, or injection Well and its associated Well pd. pool. Wildlife Resources: means fish, wildlife, and their aquatic and terrestrial habitats. WQCC: means Water Quality Control Commission of the CDPHE. WQCD: means Water uality 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. ppllcabiUty and general rules. A. A Weld Oil and Gas Location Assessment pursuant to this Chapter ("1041 WOGLA") requires additional consideration to ensure the Oil and Gas Facility and Oil and Gas Location are developed in a manner that complies with various ` evelopment Standards set forth in Division 4 of this Article V and provides compatibility with Uses located within one two thousand (42,000) feet of the Oil and Gas Location (including School Facilities and Child Care Centers within one two thousand (1-2,000) feet of the Oil;Ind Gas Location). The 1041 WG A Permit is designed to protect and promote the health, safety, and welfare of Weld County's citizens, envir•Dnment, and wildlife. A 1 041 W GLA Permit is required after August 5, 2019, for the construction of an Oil and Gas L .cation in all zone districts. Existing approved WOGLA's s 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. C. \o Oil and Gas Facility shall be constructed in any zone district until a 1041 W•GLA Permit has been granted by a 1041 WOGLA Hearing Officer pursuant to the procedures set forth in Sec. 21-5-340 of this Article or following appeal to the Board of County Cmmissioners pursuant to Sec. 21-5-340.E of this Code. This applies to: PAGE 14 2020-2361 OR D2020-12 Any new Oil and Gas _ovation, meaning surface disturbance at a previ • r fully recli imed site; • usly undisturbed 2. Surface disturbance for purposes of permanently expanding an existing Oil and Gas _ocation beyond the originally disturbed area; and 3. Any mMajor changes t• n existing Oil and Gas Facility or Oil and Gas Location as outlined in Sec. 21-5-360. 4 OGLA Permit 1. An ail and Gas submitted to th F Location or COGcc shall be required for: Facility for which al application on a Form 2A has been n or before February 1, 2017. However, if changes are required, and this exemption will not apply. 2. Refracs, recompletions, or routine Well Site operations, including, but not limited to, swabbing, wc•;rk.vers and nrmal repairs and maintenance cif can existing Oil and Gas Facility. Like kind replacement of equipment would be considered routine Well Site operations. 3 Surface disturbance at an existing Oil and Gas Location within the original disturbed area which does not have the effect of permanently expanding the Oil and Gas Tacility or the it and G s ocAion. 4. Repairs or maintenance of an Oil and Gas Facility required by a state or federal c•;mpliance order. 5 Facilities permitted, constructed, operated and maintained Article H, Divisions 4 and 11 of this Code, including, but rot Support Service, Natural Gas Facilities. pursuant to Chapter 23, imited to, al4 Oil and Gas However, other permits or agrements may need to be obtained for the activities listed above, including those permits or agreements listed in Sec. 21-5-320.GD, as well as any applicable State or Federal permits. E Changes of use, changes of equipment, or any other changes or modifications to an Oil and Gas Location or Oil and Gas Facility located within the Weld Mineral Resources (Oil and Gas) Area shall submit documentation via the Sundry Form as outlined in Sec. 21-5-360. Any person or Operator filirg an Application for a 1041 WOGLA Permit shall comply with the procedures and re=gulations set forth in this rticle V. Any person or aerator filing an pplication for a 1041 WOGLA Permit shall comply with Article V and Article I of Chapter 23 of this Code if the prop.sal is located within aiy Overlay :istrict Area or a Special Flood } _ Lazard Area identified by maps officially adootec by the County. EF FG GH HI pplications for a 1041 GLA Permit shall be completed as set forth in Sec. 21-5-320 of this Article V. The completed Application and application fees shall be submitted to the OG P D Director. . The review, consideration process and is exempt :and issuance of a 1041 WOGLA Permit is an administrative hearing am the definition of dDevel pmeit set o rth in the agreements P GE 15 2020-2361 RD2020- 12 1J c•;ntained in Chapter 19 of the Weld County Code. However, oil and gas exploration and production in Weld County is considered dDevelopment as th;t term is defined in Section 24-65.1-102(1), C.R.S. As such, Section 24-65.1-103, C R.S., is applicable to permitting of oil and gas development in Weld County. . Information regarding the status of or facts and circumstances regarding an approved 1041 WOGLA Permit, including any desir d changes or modifications, may be transmitted by a 1041 WOGLA Permittee to the OGED Director via electronic means. Sec. 2105-40. R&atoonship of 1041 OGLA ReguUlorrs to Otte requirements affecting o and gas exploration and .r duanon. county, state, and federal A Nothing in these 1041 WOGLA Regulations shall be construd as exempting an Applicant for a 1041 WOGLA Permit from any other requirements of this County. B As stated in Sec. 21-5-10, above, these 1041 WOGLA 'regulations are written, in part, according to the authrity granted exclusively to Local Governments in Subs: ctions 20-20- 104(1)(g) and (1)(h), C.R.S., and are intended to address the following areas and topics regarding `• it and gas exploration and production in Weld County: 1. Land Use; 2. The location and siting of l 3. Impacts tpublic 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, ;;nd traffic and transportation impacts; and Gas Facilities and Oil 5. Financial securities, indemnification, nc nd Gas Locations; insurance as appropriate to ensur with these 1041 GLA Regulations; 6. All other nuisance -type effects of oil and gas development addr GLRegulations; and ssed in compliance hese 1041 �. 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. 6;cause these ` 041 WOGQ _ A Regulations are written pursuant to the authorities granted to eld 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., tadopt guidelines nd regulations governing oil and gas exploration and pr•duction in Weld County, to the extent these 1141 W• G A Regulations ar inc•,nsistent with the regulations •:f COGCC 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 goard of County Commissioners to regu°ate oil and gas exploration and production in Weld County cooperatively with the COGCC, deferring regulation of the areas and topics regarding oil and gas exploration and productioc no: addressed in these 1041 WOGLA Regulations to the COGCC. Sec. 211-5=50 Operator RegStratoon PAGE 16 2020-2361 ORD2020-12 Prior to construction or operation of facilities related to upstream Oil and Gas Operations, an Operator shall submit a one-time Operator Registration Form provided by the OGED Director. Division 2 - Designation of area of state interest Sec. 21-5-200. Designation of the entire unincorporated area of Weld County as a mineral resource (oil and gas) area of state interest. The Board of County Commissioners, having considered the intensity of current and foreseeable development pressures; the Guidelines and Criteria for Identification and Land -Use Controls of Geologic Hazard and Mineral Resource Areas, Special Publication 06, Colorado Geological Survey/Dept. of Natural Resources/Denver, Colorado/1974; the guidelines set forth in Section 24-65.1-202, C.R.S.; and the provisions and requirements of these 1041 WOGLA Regulations, hereby orders that the designation of the entire unincorporated area of Weld County as a mineral resource (oil and gas) area of state interest [the "Weld Mineral Resource (Oil and Gas) Area"] made by the Board on June 10, 2019, is hereby ratified and confirmed and that this activity shall be regulated pursuant to the provisions of this Chapter. 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 regions shown on the map in Appendix 21- B, denominated as the "Ag-Rural Planning Area" and the "Near -Urban Planning Area." The regulations set forth in this Article V may be dependent upon the planning region in which the Oil and Gas Location is situated. Sec. 21-5-220. Reasons for designation. Because oil and gas resources are found throughout the unincorporated area of Weld County and are being developed rapidly, the Board of County Commissioners has designated the unincorporated area of Weld County as a mineral resource (oil and gas) area: A. To regulate oil and gas development in a manner that respects local values and protects the health, safety and welfare of Weld County's community and environment; B. To ensure coordination and compatibility between oil and gas exploration and production and agriculture; C. To adequately plan for and properly mitigate the instances of encroachment of residential development upon existing Oil and Gas Operations; and D. To have local oversight in Land Use planning decisions regarding oil and gas exploration and production in Weld County. 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 person may explore or produce oil and gas within the Weld Mineral Resource (Oil and Gas) Area without first obtaining a 1041 WOGLA Permit pursuant to these 1041 WOGLA Regulations. PAGE 17 2020-2361 ORD2020-12 tThe 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) \rea without the Applicant first having obtained a 1041 WOGLA Permit pursuant to these 1041 WOGLA ''egulations. C. Operator Registration. All persons or entities desiring to perform Oil and Gas Operations within the Weld Mineral Resource (Oil and Gas) Area shall have a valid Operator Registration Form on file with OGED. Sec. 21-5-310. Proced ral requirements. The Application, notice, and conduct of 1041 WOGLA Permit hearings, appeal of Hearing Officer decisions and issuance and content of permits for exploration or production of oil and gas within the Weld Mineral Resource (Oil and Gas) Area shall comply with the provisions set forth in this Article V. Sec. 21-5-312. Comprehensive Development Plans (CDPs). Operators are encouraged to initiate and enter into Comprehensive Development Plans ("CDP") where feasible and with the agreement of Surface %wner(s). CDPs will identify foreseeable oil and gas activities in a defined geographic area, facilitate discussions about potential cumulaive impacts, and identify mitigation measures to Minimize Adverse Impacts to public health, safety, welfare, and environment, including Wildlife Resources. The plan shall (a) identify natural features of the geographic area, including vegetatin, Wildlife Resources, and other attributes of the physical environment; (b) describe the Operator's future Oil {nd Gas Operations in the area; (c) identify potential impacts from such sperations; (d) develop agreed - upon measures to avoid, minimize, and mitigate the identified potential impacts; and (e) include other relevant information. A Comprehensive Development Plan must be approved by the 1041 Hearing fficer and shall be valid for a period of up to ten (10) years, as recommended by the OGED Director and approved by the Hearing Officer, unless extended by the 1041 WOGLA Hearing •Dfficer. Sec. 21-5-315. Pre -application eetoig nd 1041 WOGLA roVice. A. Pre -application meeting. Prior to delivery of the 1041 WOGLA notice, the Applicant shall request a pre -application meeting with the GED Director. This meeting can may be conducted through a face-to-face meeting, electronic mail exchange, or conference call, as determined by the OGED Director. The purpose of the pre -application meeting is to give the Applicant an opportunity to demonstrate, through written and graphic information, how the Oil and Gas Location complies with the standards set forth in this Article V, while protecting the health, safety, and welfare of Weld County's citizens, environment, and wildlife. One of the primarye reasons for the pre -application meeting is to discuss comprehensive planning and pros and cons of alternative sites. The following shall be submitted to the OGED Director as part of the request for a pre -application meeting: 1. Pre -Application Meeting Request. The pre -application meeting request shall be submitted by the Applicant on the current form supplied by OGED Director. PA E 18 (s) located within 2020-2361 ORD2020-12 Development Are.. drawing. The purpose of the Deve prrent Area (i ;) drawing is t•, illustrate the surroundings to assist in comprehensive planning and in the discussion of oil and Gas .cation siting. The drawing shall identify the for which the Wells ,n the oil and G ,s Location are intend d to produce, and the preferred �I+�r��+i�6 sites the pp icant is considering. in the case ,f n ��il and Gas Locati•n wishi no Wells, the VV (s) producing to th t coil aid Gas Loc; �tion shat b identified. it Proposed rr" Haul Route map. —he purpose f the Piaui rout- map is Applicant's desired rate to and from the OH and Gas Lcati n. identify th proposed hau route, including off -sit Maul route(s), from the Gas _.:.cation t•; th . n arest aunty cesig i ted co ectior or arterial ro highway, and indicate the desired new or existing ccess pain:. 5. Surface preferred 002 t. identify the Tie m p shall Oil and dway or n arest Cra preferred wner na e, address, phone number and date of signed SUA, if available. L pon submittal of the requ est, the GL) Director shall be responsible f schedu ong the pre-applicatiol rrmeting. This meeting shall take place within f•,uileen (14) business days of the submitted request. Attendees of the pre -application meeting will be the Applicant and the OGED Detector. invitations to participate in the pre-applicati•n meeting wi 1 a s• be sent to the C* Director, and CPW (if the prposed H and Gas Locati•n is within a High Priority Habitat), and any other entity as determined by the OGED Director. The requirement of the pre -application meeting may aived at the discretion of the OGED Director. At the conclu ion of the pre-applicati•n meeting, the Applicart shall send 1041 WOGLA notice to all required notice parties listed in S^c. 21-5-3/5.B., below. The n.tire shall encompass any agreed upon clicia resulting from the pre -application meeting. B. 041 W WC G sA 1 . T I V l GLA notice. Within six (6) months of the pre -application meeting Tthe 104' notice shall b, de ivered by the Applicant t•• the following parties: ED Direct 2. The Surface *caner; 3. Pvoporty owner(s) whose property boundaries are orated within one two thousand (42,000) feet or l __ss of the and Gas Location (as determined by the Weld County Assessor's records at the time of notice); 4 The C G 5 LJ Direct() The CRAW regional representative; 6. The LGD for Local Government(s) whose boundaries are within two thousand (2,000) feet or less of the Oil & Gas Location; and 7 The principal, senior administrator, or school Coverning Zody of any School Facility, Future Solo: I Facility, or Child ;are Center whose properties sr jurisdictiona boundaries are located wetl in one two thousand (42,000) feet or less of the II and Gas oc=;tion. Delivery of the 104' WGGLA notice shall occur not more than six (6) months, fir less than thirty (30) days., prior to submitting a 1041 W Per it application. The thirty (30) day period may be waived, at tie discretion of the AGED Director. The 1041 W GL notice letter shall include the following information: PAGE 19 2020-2361 ORD2®2®-12 a. The parcel number and legal description of the Oil and Gas Location. b. A general description of the proposed Oil and Gas Facility, including the number of proposed wells. c. Total disturbed acreage of the Oil and Gas Location. d. The anticipated date operations will commence (calendar quarter and year). e. A statement that the notice recipient may request a meeting to discuss the proposed Oil and Gas Location with the Operator or the County. 1) Both Operator and assigned OGED Permit and Enforcement Specialist's contact information shall be provided. f. A statement that the Applicant will consider reasonable mitigation measures proposed by the notice recipient to Minimize Adverse Impacts of the proposed Oil and Gas Location. g. The following shall be attached to the letter: 1) 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 photograph of the Oil and Gas Location to include the 1041 WOGLA Zone, all property lines and parcel numbers, as well as the name and address of the owner(s) of any parcel(s) located within one two thousand (42,000) feet of the it and Gas Location, as determined by the Weld County Assessor's records. 2) Haul Route map. The purpose of the haul route map is to identify the Applicant's desired route to and from the Oil and Gas Location. The map shall identify the proposed haul route, including off -site haul route(s), from the Oil and Gas Location to the nearest County designated collector or arterial roadway or nearest highway, and indicate the desired new or existing access point. Upon receipt of the 1041 WOGLA notice by the OGED Director, he or she may request additional parties to be noticed. If requested by the OGED Director, the Applicant shall provide proof of notice delivered. All required notice parties may waive receipt of such notice(s) via Surface Use Agreement (SUA) or other agreement with the Operator or by written request to the OGED Director. Sec. 21-5-320. Application requirements for 1041 WOGLA Permit. A 1041 WOGLA Permit application shall be submitted to the OGED Director for processing and determination of whether the application is complete and in compliance with the requirements of this Section. The following shall be submitted as a part of the application: A. Weld County Oil and G s Location ,ssessment Application. A 1041 WOGLA Permit A application form shall be submitted to the OGED Director by electronic mail. 1. Application. A 1041 WOGLA Permit application on the current form supplied by OGED, shall be fully completed and executed by the Applicant. If an authorized legal agent signs the application on behalf of the Applicant, evidence of a power of attorney or other authorization must be provided. PAGE 20 2020-2361 ORD2020-12 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 Sec. 21-5- 315.B 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 Oil and Gas Location will be located. This form demonstrates that the Operator and Surface Owner have agreed to the Oil and Gas Location. If no SUA or other document is available at the time of application, the Applicant shall proceed with the 1041 WOGLA Permit process and shall provide a statement that the SUA, or other agreement negotiations are taking place and the Applicant is willing to provide financial security as set forth in Sec. 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 Oil and Gas Location is sited, an authorization form executed by the Surface Owner(s) must be provided. If a copy of the SUA is provided with the application, then the SUA's grant of access to the site fulfills the requirement of providing an authorization form. 5. Required Information. The Applicant shall provide site -specific Best Management Practices (BMPs) illustrating how the health, safety, and welfare of Weld County's citizens, environment, and wildlife will be protected. With the consent of the Surface Owner(s), BMPs may include mitigation measures relevant to the SUA or other agreement. a. A statement which explains that the application complies with Article V and Article XI of Chapter 23 of this Code, if the Oil and Gas Location is within any Overlay District Area or a Special Flood Hazard Area identified by maps officially adopted by Weld County. b. A thorough explanation of the Site Analysis the Applicant has performed for the Oil and Gas Location, as supported by the DA drawing described in Sec. 21-5-320.B.2, below. Each alternative site shall include a short narrative of its pros and cons. The Site Analysis, beginning with the pre -application meeting, must describe how the 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 in the Ag-Rural Planning Area an Applicant have one (1) or more alternatives within the analysis that the Applicant demonstrates as inferior. In the Near -Urban Planning Area it is expected that a more fulsome Site Analysis will be performed that includes a minimum of three (3) alternatives. In both Planning Areas, the Site Analysis may include more alternatives if the Applicant's chosen site has the following cultural items within one thousand (1,000) 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. Conversely, in both Planning Areas the Site Analysis may include fewer alternatives (including no alternatives in the Ag-Rural Planning Area) if there are no cultural items within one (1) mile of the Applicant's preferred site. PAGE 21 2020-2361 ORD2020-12 c. BMPs ano 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 final Reclamation. e. A traffic narrative for the Oil and Gas Location addressing operations for construction, drilling, and completions, shall include the following information: 1) The number of roundtrips/day (Roundtrip = 1 trip in and 1 trip out) expected for each vehicle (type, size, weight). 2) The expected haul routes for the vehicles. 3) The travel distribution along the routes (e.g. 50% of traffic will come from the north, 20% from the south, 30% from the east, etc.). 4) The time of day when the highest traffic volumes are expected. B. Attachments. The following shall be attached to the application. 1. Haul Route Map. The purpose of the haul route map is to identify the Applicant's desired route to and from the Oil and Gas Location. The map shall identify the proposed haul route, including off -site haul route(s), from the Oil and Gas Location to the nearest County designated collector or arterial roadway or nearest highway and indicate the desired new or existing access point. 2. Development Area drawing. The purpose of the Development Area (DA) drawing is to illustrate the surroundings to assist in comprehensive planning and in the discussion of Oil and Gas Location siting. The drawing shall identify the DA for which the Wells on the Oil and Gas Location are intended to produce, and the preferred and alternative sites the Applicant is considering. In the case of an Oil and Gas Location with no Wells, the Wells) producing to that Oil and Gas Location shall be identified. 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 the 1041 WOGLA Zone. It shall be a scaled drawing with scaled aerial imagery photograph to include horizontal distances and approximate bearing from the Oil and Gas Location for all visible improvements. This drawing shall be a stamped by a licensed professional surveyor showing any survey monuments in the 1041 WOGLA Zone and the County road right-of-way extents, if applicable. 5. Facility Drawing. The purpose of the facility drawing is to identify the positioning of all equipment on the Oil and Gas Location. This shall be a scaled drawing illustrating the approximate outline of the Oil and Gas Location and identifying all existing and proposed Well(s), equipment, and Flowline corridors on -location covered by the application. PAGE 22 2020-2361 ORD2020-12 6 Process Row Diagram. A prcess flow diagram (FF1) which depicts oil and gas production operations. The PF shall be presented as flowchart that illustrates the general flow of processes and equipment at an il and Gas Location. The PFD shall include all permanent Oil and as Facilities and shall shiow the flew path and direction, of all oil, gas and water pr•duced on, r•rtransported to or from the Oil ano Gas Locatin. he PFD shall also illustrate fuel and power sources for major equipment. The PFD need not include detailed piping and instrumentation. forestry, informati location of th 9. Waste management plan. A waste management plan shall be provided that describes the methods for storing, transporting and disposing of wastes. The plan must include a statement that waste materia s 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 goad condition and free of excessive wear, structural issues or other defects that may impact their effectiveness. Reports and information regarding the integrity and effectiveness of compatible cntainers will be made avail: ble for review upon request. At a minimum, the waste management plan must address tie fol wing waste streams: drilling fluids, drill cuttings, Hydraulic Fracturing Fluid, F wback and Produced Water, oil stained soils, tank bottoms, genera trash, hazarcous rr4eria s, and other non -hazardous solid tastes. 1.0. 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 Sec. 21-5-405. C. Additional Attachments. The following items may be required as attachments to the Application, if applicable: 1. Multi --well plan. If the proposed Oil and Gas Location is for multiple Wells on a single pad, a drawing showing proposed wellbore trajectory with bottom -hole locations shall be attached. 2. Reclamation plan. If the final Land Use includes residential, industrial, commercial, or cropland, a reclamation plan is not needed. If the final Land Use includes rangeland, PAGE 23 2020-2361 R x;2020-12 forestry, recreation, wildlife habitat, or any other non -excluded Land Use, the following information shall be attached: a. Reference area map. A topographic map showing the Oil and Gas 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. 3. Noise mitigation plan. A noise mitigation plan that describes how the Operator will comply with the maximum permissible noise levels specified in Sec. 21-5-435, Table 435 A.1 may be required. The plan shall include site -specific design for mitigation measures including the appropriate BMPs, engineering practices, and available technology the Operator will utilize to achieve compliance. The plan will provide an estimated duration of each stage of operations, including drilling, completion, Flowback, production, and an estimate of the noise levels of each stage of operations. Lastly, the plan will reference any topographical and/or geographical features which may impact noise propagation from the proposed Oil and Gas Location. 4. Dust Mitigation plan. 5. Odor Mitigation plan. 6. Oil and Gas Solar Energy Facility (OGSEF) plan. Additional eld county issued permits and agreements. WOG 1. he following per its and agrments may be required either for the issuance of a 1041 A Permit, or after approval of a 1041 WOGLA Permit: "N., R•Jth n Emergency Action Plan (EAP) and Tactical Resp•nse Plan (TRP) are required for a 1041 WOGLA Permit. The Aoplicart shall complete an ; _ AP and PDT on the template provided by the elo County Office of Emergency Management (GEM). OEM will consult with the local fire district on behalf of the pplicant. 2. An Access Permit is required for a 1041 WOGLA Permit. The Applicant shall c•mplete an Access Permit application provided by the Nold County Department of Public Works pursuant to the requirements •f Chapter of this C•de. If tie accoss point is under the jurisdiction of the Colorado Department of Transportation or a Local Government other than ! " 'eld County, proof of access granted by such Local Government ("Authority hiving Jurisdiction" or AHJ) is required. 3. A Roac Maintenance Agreement (RMA) or Comprehensive Road Maintenanc Agreement may be required for a 1041 WOGLA Permit. Following the submittal of a 104 WOGLA Permit application, the RMA shall be prepared by the Weld County Department of Public Works and sent to the Applicant f execution prior to the 1041 WOGLA Hering. A Cash in Lieu one-time payment of $2,850.00 per well for gravel roads and $4,270.00 per well for paved roads may be c•nsidered as an alternative to the RM 4. A Dr inage Report is required for a 1041 WOGLA Permit. At the time of application submittal, at minimum, a preliminary drainage report shall be provided for review by the Weld County Department Public Works pursuant tc the requirements of Chapter PAGE 24 202 -2361 ORO2020=12 Article XI, and Sec. 21-5-505 of this Code. Prior to applying for a Grading Permit, a final drainage reoort stamped and signed by a Professional Engineer registered in the State of Colorado is required. 5. If the Oil and Gas Location is located within a Special Flood Hazard Area identified by maps officially adopted by Weld County, a Flood Hazard Development Permit (FHDP) is required for a 1041 WOGLA Permit. The F01DP is issued by the Weld County Department of Pinning Services pursuant to Artide XD of Chapter 23 of this Code. 6. A Grading Permit is required prior tconstruction of any ;il and Gis Location greater than one (1) acre. This permit is issued by the Weld County Department of Public Works pursuant to the requirements of Chapter of this Code. 7. If applicable, 'uilding Permit(s) issued by the Weld County Department of Plannin g Services, shall be obtained pursuant to Chapter 23 and Chapter 29 of this Code. f applicable, Right -of -Way (R•W) Permit(s), issued by the Weld County Department of Public Works, pursuant to Article X10 of Chapter 8 of this Code, are required for any ork occurring within County ROW. No work within County RAW shall occur without such OW Permits being issued. 9. If applicable, a Special Transport permit shall be obtained. No vehicles associated with the 1041 r,'IGLA Permit may exceed legal per axle weight limits and/or legal size limits as set forth in Article XV of Chapter I of this Code, unless Special Transport permits have been applied for and granted by the Weld County Department of Public Works. Additional informati,•;n may be required by the OG referral Aagencies, and/or the public. Sec. 21-5-325, Financi :!l assurance requirements. D Director, resulting from consultation with At time of Application submittal, an Operator shall provide Financial Assurance to the County in the form of a surety bard or other c•llateral acceptable to the OGED Director in the amount set forth below to protect Surface wners who are not parties to a lease, SUA or other relevant agreement with the Operator from unreasonable crop loss or land damage caused by CI and Gas Operations. Financial Assurance for Surface Owner protection shall not be required for operations conducted on state lands when a bond has been filed with the State Board of Land Commissioners. The Financial Assurance required by this Section shall be in the amount of two thousand dollars ($2,000) per Well for non -irrigated land, or five thousand dollars ($5,000) per ell for irrigated land. In lieu of such individual amounts, Operators may submit blanket Financial Assurance in the amount of twenty-five thousand dolleurs ($25,000). Any request for relief pursuant to such Financial Assurance must be granted by the OGED Director upon receipt of a written request from the Surface Owner, which may be submitted to the •GED Director at any time. Corrective or remedial acticir performed by the Operator may be considered by the OGED Director befo Ae and as part of any order execute on the Financial Assurance provided pursuant to this Section. The Financial Assurance provided pursuant to this Section is not intended to limit any monetary award for unreasnablc crop loss or land damage that cannot be remediated or corrected. Financia0 Assurance submitted to the ;-GED Director shall be held for safekecping by the Clerk to the Board of County Commissioners. The OGELI' Director may release the Financial Assurance upon satisfaction that risk of loss to the Surfce Ilwner has been eliminated. Sec. 21-5-330. OGED review of 1441 WOGLA !ermot apaadon. PAGE 25 2020-2361 RD2020-12 The OGED Director shall review the 1041 WOGLA Permit Application to determine if it is complete. Such review shall occur within seven (7) days of the filing of the Application. Upon completeness determination, the OGED Director shall: A. Prepare legal notice for the hearing to be published in the newspaper designated by the BOCC for publication of notices. The date of publication shall be at least thirty-seven (37) days prior to the date of hearing. The published notice shall inform the reader that he or she may apply for intervention in the manner set forth in Sec. 21-5-340.A.1., below. Send notice of a hearing for the 1041 WOGLA Permit Application before the Hearing Officer to the Surface Owner; to property owner(s) whose property boundaries are located within thousand (42,000) feet or less of the Oil and Gas Location; to the School Governing Body of any School or Child Care Center whose properties or jurisdictional boundaries are located within one two thousand (-X2,000) feet or less from the Oil and Gas Location. Such notification shall be sent by First -Class Mail by OGED at least thirty-seven (37) days prior to the date of hearing. The mailed notice shall inform the recipient that he or she may apply for intervention in the manner set forth in Sec. 21-5-340.A.1, below. B. Prepare legal notice for the hearing to be published in the newspaper designated by the Board of County Commissioners for puba+catif B two one inform the reader that he or she may apply for intervention in the man 5-340.A.1, below. C. Refer the Application to the following agencies for review and comment. The agencies named shall respond within twenty-eight (28) days from the mailing of the application by the County. The failure of any agency to respond within twenty-eight (28) days shall be deemed to be a favorable response to OGED. The referral shall state that the OGED Director will conduct a formal consultation with the referral agency during the twenty-eight (28) day referral period if requested by the referral agency. Reviews and comments solicited by the County are intended to provide the County with information about the proposed Oil and Gas Location. The reviews and comments submitted by a referral agency are recommendations to the 1041 WOGLA Hearing Officer: 1. The LGD, planning commission, or governing body of any Local Government whose boundaries are within one two thousand (1-2,000) feet of the Oil and Gas Location, as determined by the Weld County Assessor's records at the time of notice. 2. The Weld County Department of Public Health and Environment. 3. The Weld County Department of Public Works. 4. 45 56 67 78 89 The Weld County Department of Planning Services. . The CPW. . The COGCC. . The CDPHE. The appropriate school district(s). . The appropriate fire district(s). 910.Any irrigation ditch company with irrigation structures of record that are WOGLA Zone on, or adjacent to, the Oil and Gas Location. PAGE 26 within the 1041 2020-2361 ORD2020-12 X11 n .To any other agencies or individuals to whom AGED Director deems a referral a1 cessary. D. Prepare staff comments addressing all aspects of the Application, its conformance with the Weld County Code in effect at the time of filing of the Application, orderly Land Use planning practices, comments received from agencies to which thEt proposal was referred, and the standards contained in Division 4 of this Article V. Such comments shall be provided to the Hearing Officer for consideration as evidence in thy, hearing. E Charge reasonable fee that covers costs incurred by Weld County for revi-fw of the Application, holding the appropriate hearing, and performing any necessary administrative tasks associated with the issuance of the 1041 WOGteA Permit. All new Applications shall adhere to the requirements contained in Division 4 of this Article V and will be assessed a new processing are. Fees can be found in Appendix 5-D. Any Application deemed incomplete by the OGED shall be re -submitted within ninety (90) days for completeness determination. Any Application remaining incomplete beyond ninety (90) days will be automatically withdrawn. Sec. 21-5440. 1041 WOGLA Hearing. A. 1041 WOGLA Hearing Participation hApplicant and any person or entity who has been granted intervention by the Hearing officer shall have the right t• participate formally in the 1041 WOGLA Hearing. The process for seeking intervention is as follows: 1. Application for Intervention must be received by the Hearing fficer twenty (20) days prior t. the 1041 VV•GLA Hearing. Application for Intervention must be on the form provided n the OGI-D ebsite. Persons who have standing to participate are limited to thse who have received notice of the 1041 WOGLA Hearing by First -Class Mail or who have demonstrated they would be directly, adversely and significantly affected or aggrieved by the granting o,f the 1 041 WOGLA Permit. Application for Intervention must include the following: a. b. c. e. f. Th docket number and date of the 1041 WOGLA Hearing; egal address of the person applying for intervention; A general statement of the factual or legal basis for the protest or intervention; A description of the intended presentation including a list of prop sed witnesses; and An estimate of the time required to present the protest or intervention. 0 2. Applications for Intervention shall be granted or denied by the Hearing Officer within ten (10) days of their receipt. Such decision shall be communicated to the applicant for intervention in writing by the Hearing Officer. 3. Any written comment provided by a person who is not granted intervention, or by any other member of the public, will be included in the 1041 WOGLA Hearing record, to be considered by the I _ Tearing Officer as evidence and given such weight as the Hearing Officer believes is appropriate. B. Conduct of 1041 WGLA Hearing. 1. 1041 WOGLA He at rings shall be recorded, and a list of attendees shall be kept conducted PAGE 27 2020-2361 802020-12 during �� ;.� 4ssue( t o e c �k? Hclrf _rie SI WB4 i n�- - �'� 2 narticipatio i by the parties and/or witnesses by to be at the discreion of the Hearing OOfficer. 3. The Hearing suited to fully ar and ascertain t be decided. Pet s Vu Hoy° e rho -ele-vag4h tutu e or other e ect evidence, conic means shall Office p shall control the evidence taken dying the hearing in a manner best d fake y deveDop the rSevant evidence, safeguard the rigrts of all parties, he substantive rights of the parties based in the merits of the issue(s) to 'b e a p; ; s shat , ��--`a ' �� - �. �?J cJU t �y Ci 6 b � � tl ul a J Stl cJtl tl Gontinut'l Q air* o V t i n- I e4h N-0- C, 4 , 041 WOG _ A Whearungs wo be docketed to occur on a week basis on days to be dote'mined by the Hearing Offcer. Complete Applications whose notice tequirements nave been met shall be scheduled for heaving on the next available weekly docket. C. Decision of the 1041 vOGLA Hearing Officer. Upon the conclusion of the 1041 WOO n earing, the Hearing Officer shall: A 1. Grant the 1041 WOG _ A Permit if he or she determines that sift ent evidence exists in the pecot that the standards set forth in Divisior G of this Artic e V will be met and tnat the proper Site Analysis has been perfo awed oy the App icant, or; 2. Cart nue the 1041 WOG A hearong PeRm-4 if he or she determire© that insufficient evidence exists V the record and additional information d in order to make a determination, upon staff recommendation, or at the Apphicart's request, or; 3. Deny the '041 WOG _ A Permit if he or she determines that i sufficient evidence, exists ion the reco ad o P Prat a proper Site Analysis has rot been performed by the App icant. Of a 1041 WOGLA Permit is denied, the Applicant may apply for the same parcel only if substantial charges have been made to the Apphcatoon from :he orngonal submottak 4. nform the par lcipants of his or her decision. he decisior, of the D _ flear'ng Officer sha D be clear y set forth in the order issued by the Hearing Officer. The ado ition, deletion or modificatuor of any conditions of approval shall be clearly identified in the order. 5. Dnform the paficipants that such decision may be appeaDed pursuant to the appeal proceoures set forth in Sec. 2/-5-340.E and r, bebo w. D. Motion for reconsideration. A motion for recorsideration may be corsidered by the D _ Doaring Officer in cases where a / 04` WOG Permit has been denied. Such motion mast be filled no later than ter (1C) days after the Applicant has received notice othe denial. A motion for reconsideration must state, \i/itn sufficient clarity, the specific reason(s) the Applicant believes the denial was the incorrect decision. E. Right to appeal. The appellant must file a written notice with the OGED Director within ten (10) days of receiving the Hearing Officer's final order. The notice of appeal must specifically state what part of the decision the appellant believes the Hearing Officer either misinterpreted the facts presented in the Application and/or in the 1041 WOGLA Hearing, or misapplied the regulations set forth in Article V. The notice shall not exceed five (5) pages in length. The OGED Director may submit a memorandum brief but must do so within ten (10) working days PAGE 2 2020-2361 ORDfl2O=12 of receiving the notice of appeal. Any such memorandum brief shall not exceed five (5) pages in length F. Review of appeal and decision. The OGED Director shall transmit the Hearing Officer's order, the notice of appeal and any memorandum brief to the Board of County Commissioners for review within twenty-one (21) days of receiving the notice of appeal. The Board of County Commissioners may affirm the Hearing Officer's order, modify it in whole or in part, or remand the matter to the Hearing Officer for further fact-finding. A modification may only be made if, based upon the Hearing Officer's findings of fact, the order clearly shows the Hearing Officer either misinterpreted the facts presented in the Application and/or in the 1041 WOGLA Hearing, or misapplied the regulations set forth in Article V. The Board of County Commissioners may review the entire 1041 WOGLA Hearing record upon a majority vote of the Board of County Commissioners. The Board of County Commissioners shall transmit a written decision on the appeal to the OGED Director within ten (10) working days after receiving the notice of appeal and other documents allowed herein. The OGED Director shall thereafter communicate the decision to the Applicant and the Hearing Officer within five (5) working days of receiving the Commissioners' decision. Delete G. Sec. 21-5-345. Recording of the 1041 WOGLA Permit, and Vested Property Rights Following the 1041 WOGLA Hearing, if the Hearing Officer grants approval for the 1041 WOGLA Permit, the following shall occur: A. The OGED Director shall record the final order with the Weld County Clerk and Recorder. B. Pursuant to Section 24-68-101(1)(a), C.R.S., with the intent to ensure reasonable certainty, stability, and fairness in the Land Use planning process and in order to stimulate economic growth, secure the reasonable investment -backed expectations of landowners, and foster cooperation between the public and private sectors in the area of Land Use planning, the Board of County Commissioners declares and orders that an approved 1041 WOGLA Permit is an approved site specific development plan as that term is defined in Sec. 23-1-90 of this Code and in Section 24-68-102(4)(a), C.R.S. Therefore, an approved 1041 WOGLA Permit is a vested property right, as defined in Sec. 23-1-90, upon the completion of the notification requirements set forth in Sec. 23-8-70 of this Code. Once noticed pursuant to the requirements of Sec. 23-8-70, the approved 1041 WOGLA Permit confers upon the Operator the right to undertake and complete the exploration and production of oil and gas in Weld County under the terms and conditions set forth therein, pursuant to Section 24-68-103(1)(c), C.R.S. Sec. 21-5-350. Compliance with 1041 WOGLA Permit conditions of approval and Development Standards. An Applicant for a 1041 WOGLA Permit shall comply with the conditions of approval and Development Standards detailed in the 1041 WOGLA Permit and in Division 4 of this Article V. Noncompliance with the Conditions of Approval and Development Standards may be reason for revocation of the 1041 WOGLA Permit by the Hearing Officer. Enforcement actions by the OGED Director shall be according to the following procedure: A. Enforcement of Conditions of Approval. The Hearing Officer shall, after hearing and upon issuing a preliminary order granting the 1041 WOGLA Permit, schedule a return date when the Operator shall present evidence to the Hearing Officer that all "Prior to Recording" PAGE 29 2020-2361 ORD2020-12 conditions of approval have been satisfied. Upon providing such evidence the Hearing Officer shall issue a final order granting the 1041 WOGLA Permit. If no "Prior to Recording" conditions of approval exist, the Hearing Officer shall issue a final order granting the 1041 WOGLA Permit and no return date shall be necessary. Should at any time the Operator be found to be out `of compliance with any remaining condition of approved the OGED Director may set a suspension or revocation hearing before the I _ gearing Officer pursuant to the provisions of S :c. 21-5-370, below. B. Enforcement of Development Standards. The enforcement of the Development Sstandards (referred to herein as "Development Standards") stated in the 1041 WOGL?, Permit and/or in 'vision 4 of this Article V shalt be conducted by the OGED '_%'rector in the following manner: 1 ,„pon receiving a complaint from any member of the public or the filing of an inspection report by ar GED inspector, alleging a violation of Deve opmnt Standards stated in the 1041 ' c GLA Permit and/or in Division 4 of this Article V, the •GFD Director shall notify the Operator of the complaint or adverse inspection report and require Operator investigation and response within 24 hours. Within th,-i OGED Director's required timeframe, the •perator shall correct the violation and inform the GED Director of such correction. If the operator is unable to achieve the required correction within the stated timeframe, the Operator shall inform the OGED Director of the circumstances and the anticipated date of correction, and the OGEE% Director may modify the stated timeframe. 2. If the ;o G ED Director has prbable cause to believe the violation persists, he or she s ri ; ll 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 OC ED Director in writing of such correction. 3. If the AGED Director does not receive . written response from the perator 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 Hearing Officer pursuant to the provisions of Sec. 21-5-370, bela' A tl V Sec. 21-5-355. Required notification. A. Notifications to the .GFD Director: The following notifications sent to the OGED shall certify certain conditions of approval or Development Standards, which were specified as part of the approved 1041 WOGLA Permit, have been completed. 1 _ ne notification shall list the condition of approval or Development Standard completed, along with any relevant permit number or identification number assigned. 1. Prior to construction notification. The Operator is required to provide written notice to the OGED Director via the 1041 WOGLA Sundry Form two (2) weeks prior to beginning the Construction Phase of the Oil and Gas Location. This written notice will meet satisfies the notification requirements of both the Road Maintenance Agreement and the Emergency Action Plan. 2. Drilling and completions notifications. The Operator is roc, OG -D Director for the following: PAGE 30 u i red to provide notice to the 2020-2361 ORD2020-12 a. Spud notice — at least 48 hours prior to Spud, the Operator shall provide written notice of such activity to the •GE* ` irector via the 1041 WOGLA Sundry Form. This notification will meet satisfies the requirements outlined in the Emergency Action Plan. b. Completions notice — at least one (1) week prior to commencement of completions activity on an Oil and Gas Location, the Operator shall provide written notice of such activity to the OGED Director via the 1041 WOGLA Sundry Form. This notification will meet the requirements outlined in the Emergency Action Plan. 3. Post construction/Turn-in-Line notification. The Operator is required to provide written notice to the OGED Director via the 1041 WOGLA Sundry Form within two (2) weeks of a Well or facility being turned to sales. This written notice shall include an electronic GIS map (shapefile or .kmz) showing the off -location Towlines. This written notification meet satisfies the notification requirements •;f the oad Maintenance Agreement and the Emergency Action PI n. 4. Interim Reclamation notice — the Operator is required to provide written notice to the OGED Director via the 1041 WOGLA Sundry Form pursuant to the requirements of Sec. 21-5-555.D.3., documenting the success of the interim Reclamation. 5. Final abandonment notice — the Operator is required to provide written notice to the OGED Director via. the 1041 WOGLA Sundry Form at least one (1) week prior to plugging the final Well on a Location or final decommissioning of an Oil and Gas Facility. This notice will begin the final Reclamation requirements outlined in Sec. 21-5-560. B. Notifications to the Surface Owner. With respect to the notices listed in this Section, it shall be the responsibility of the notified Surface owner to give notice of the proposed operation to the tenant farmer, lessee, or other party that may own or have �n interest in any crops or surface improvements that could be affected by such proposed operation. The Operator shall, a 1 concluded.. Unless the following is otherwise addressed in the SUA or Memorandum of SUA, or the Surface owner has signed a written waiver of the notifications required in this Section, the following notices to the Surface Owner shall occur: 1. Notification prior to c• nstruction. The Applicant is required to provide notice to the Surface Owner in writing not less than thirty (30) days in advance of commencement of .perations with heavy equipment prior to the beginning of drilling of a well. This written notice shall provide the following: a. The Operator's name and contact information for the Operator or its agent; b. A site diagram or plat of the Oil and Gas Location and any associated roads; c. The date operations with heavy equipment are expected to commence; and d. The contact information for OGED. This notice shall be delivered by hand; certified mail, return -receipt requested; :•r by other delivery service with receipt confirmation. Electronic mail may be used if the Surface *caner has approved such use in writing. PAGE 31 2020-2361 ORD2020-12 2. Subsequent Well operation notification. An Operator shall provide to the Surface Owner at least ten (10) days ;idvance notice of subsequent Well operations with heavy equipment that will materially impact surface areas beyond the existing access road or Well Site, such as recompleting or stimulating the Well. 3. Final Reclamation notification. Not less than thirty (30) days before any final Reclamation o perations are to take place, the Operator shall notify the Surface Owner. Final Reclamation operations she ll mean those Reclamation operations to be undertaken when a Well is to be Plugged and Abandoned or when Production Facilities are to be permanently removed. In preparing for final Reclamation and Plugging and Abandonment, the Operator shall use its best eff its to consult in good faith with the affected Surface Owner (or the tenant when the Surface Owner has requested that such consultation be made with the tenant). Such good faith consultation shall allow the Surface Owner the o pportunity to provide comments concerning preference for timing of such operations and all aspects of final Reclamation, including, but not limited to, the desired final Land Use nd seed mix to be applied. Any of the notices required in this Sec. 21-5-355.8 may be waived in writing by the Surface Owner provided that a waiver by a Surface Owner shall not prevent the Surface Owner or any successor -in -interest to the Surface Owner from rescinding that waiver if such rescission is in accordance with applicable law. Notification to Building Unit owner(s). At least thirty (30) days, but no more than ninety (90) days, before Oil and Gas Operations or construction commences, the Operator shall provide written notice (Notice of Operations) to all Building Unit owners within the 1041 WOGLA Zone. Building Unit owners shall be re -noticed if: it has been more than one (1) year since the previous notice or since drilling activity last occurred, or notice was not previously required. 1 Notice of Operations shall be delivered in writing, with receipt confirmation, to all Building Units within the 1041 WOGLA Zone (as determined by Weld County Assessor's record at the time of notice). 2. The Notice of Operations must include: a. A statement informing the Building Unit owner that the operator intends to construct an Oil and Gas Location within one two thousand (42,000) feet of their Building Unit; b. The parcel number and legal description of the property on which the Oil and Gas Location is situated; c. The location name, 1041 WOGLA Permit number, and number of Wells to be drilled; d. Approximate cross streets of the Oil and Gas Location; e. The anticipated date (Month and Year) the construction or operations will commence; and f. Both Operator and OGED contact information. 3. A Building Unit owner entitled to receive Notice of Operations may waive their right to be n oticed, in writing, at any time. The Operator shall provide evidence of this waiver to GED, if requested. Sec. 21-5-360. Amendments, termination, or failure to commence use. PAGE 32 2020-2361 RD2020-12 A. Any amendments to an Oil and Gas Location which modify or expand the Facility or Location oeyind what was originally permitted by Weld Cunty or the C•GCC shall be filed ith the GED via a 1041 WGLA Sundry Form. The OGED Director will review the Sundry Form and determine if the request is minor or major, and if subsequent action is needed. Minor amendments may be administratively approved by the OGED Director, however additional BMPs may be required. Major amendments may require a new 1041 WOGLA Permit Application and fee. B. Major amendments to ar xisting end G =;s Location may require the approval of a ne 1041 WOGLA Permit or a subsequent hearing before by the Hearing Officer. The GE V1V 7 new 1041 WOG -LA Permit Appficatior nd proee song may be reg fired "Major amendments" include, but are not limited to, the following: any surface disturbance at a previously undisturbed or fully reclaim c site; surface disturba ice for purposes of permanently expanding an existing C 'II and Gas Location beyond the originally disturbod area; the addition of one (1) or more Wells; amendments to a Final Order granted by the Hearing Officer, increases of equipment which change the character of the Facility or Location, and/or moving .gin existing or permitted Location. C. No Sundry Form request for amendment is required for refracs, recompletions, routine Well Site operations, normal repairs and maintenance of an existing Oil and Gas Facility, like kind replacement of equipment, setting Temporary equipment, surface disturbance at an existing Oil and Gas Location within the original disturbed area which does not have the effect of permanently expanding the Oil and Gas Facility or Oil and Gas ocation, and repairs or maintenance of an Oil and Gas Facility required by a county, state, or federal compliance order. D c-i The Construction Phase authorized by an approved 1041 W; GLA Permit shall be completes within three (3) years from the date of publication announcing the approval of the 1C41 WGi A Permit, or the approval shall terminate. However, if the Construction Phase has been commenced within the three (3) years, but not completed, an additional three (3) years shall be granted by the ; HD Director, via a 1041 WOGLA Sundry Form, but the 1041 WOGL Permit shall then be subject to any new rules amended into this Article V since the approval of the original 1041 GLA Permit. Sec. 21-5=37O Suspensoon and re vocation procedures. /r\ Of following the notice and timeframes call-:, for in Sec. 21-5-350 above, the OGED Direct:r determines that one (1) or more of the 1041 WOGLA Permit Development Standards set forth in Division 4 of this Article V have n ,t been met, the OGED Director shall notify th` Operator of the Oil and Gas Location of the failure to comply with the terms of the 1041 W' GLA Permit and/or the Development Standards set forth in this Article V. The notice will inform the operator that a hearing has b en scheduled aeforthe l-k:aring Officer to determine if the 41 WOGLA Permit should be suspended or revoke.. The Operator shall have the right to participate and present informatin at the hearing. B. The Hearing Officer shall hold a hearing to determine if the Operator of the Oil and Gas ,ocation has failed to comply with the terms of the 1041 WOGLA Permit and/or the regulations set forth in this Article V. Upon such a finding, the I _ learing •fficer may suspend or revoke the 1041 WOGLA Permit, and/or order the Operator to cease the use of the Oil and Gas Facility immediately. In lieu of suspension or revocation, the Hearing Officer may order the PAGE 33 2020-2361 O 02020-12 Operator to submit a compliance plan and set a timeframe for return to present evidence of compliance. C. The Operator may appeal the Hearing Officer's order to the Bo rd of County Commissioners by following the appeal procedures in Sec. 21-5-340.E and F. Sec. 21-5-380. Site inspectoon by OGED. OGED staff may inspect, at any time, the Oil and Gas Locations subject to the regulations s forth in this Article V to determine if the Oil and Gas Location is in compliance. Sec. 21-5-3 O. Transferability of 1041 WOGLA Permits. Once issued, 1041 WOGLA Permits are transferable to a new Operator. The new Operator is subject to all terms and conditions of the 1041 WOGLA Permit :and shall be considered the Responsible Party. Within sixty (60) days of transfer, the new Operator shall notify the OGED Director, via Sundry Form, and the Surface Owner in writing of the name, business address, and other contact information for the new Operator. Division 4 e Weld Mineral Resource (OH and Gas) Area Develop m ent Standards. The following Development Standards (referred to herein as "Devel;;,pment Standards") apply to all it and Gas �ocations within the Weld Mineral Resource (1911 and Gas) Area having received approval of a 1041 WOE LA Permit (or an mendment thereto as required by Sec. 21-5-360). Sec. 21-5-400a Weed contd. All disturbed are s shall be kept free of Weeds. Weed control measures shall be conducted in consultation with the Surface Owner and Weld County Weed Management Specialist. The OGED Director and/or the 1041 WOGLA Hearing Officer may require the submittal of and compliance with a weed contrail plan as part of 1041 W %GLA Permit approval to provide impact mitigation, or pursuant to any enforcement action against an Operator. S` c. 21-5-405.11 _ [lighting. As part of the Application, an Operator shall submit a lighting plan for the Construction Phase and, if applicable, the Production Phase of the Location. The lighting plan shall demonstrate compliance with the maximum permissible lighting levels, as described in this Sec. 2 -5-405. Me lighting plan sha l describe mitigation measures to be used at the Location to comply with the lighting standards outlined in Sec. 21-5-405.E. for both Construction and Production Phases. Utilizing Appendix 21-B and taking into consideration the surrounding Land Uses, the number and proximity to Building Units, DOAAs, and/or High Priority Habi.:ats, OGED is responsible for recommending an appropriate LZ, to be considered by the OGF _ D Director and/or the Hearing Officer as part of the 1041 WOG A Permit. A. Lighting Zones (LZ). 'able 405 A.1 Light Zone Recommended Uses or Areas LZ Considerations PAGE 34 2020-2361 ORD2020-12 LZ=0 A fighting Zone 0 should bt- applied to areas in which permanent lighting is not expected and when used, is limited in the amount of lighting and the peiiod o operation. 2-0 typically includes undeveloped areas of open space, wilderness oarks and preserves, areas near as,roniomical observatories, or any other area where the protection of a dark environment is critical. Special review should be required for any permanent lighting in this zone. Some rural communities may choose to adopt LZ-0 for residential areas. Recommended default zone for wilderness areas and undevelopnd rural areas. LZ-1 LZ-2 Lighting Zone 1 pertains to areas that desire low ambient lighting levels. These typically include single-family arc multiat mily r-sidentM communities, rural town centers, business parks, and other commercial or industrial/ storage areas typically with limited nighttime activity. May also include the developed areas in parks and other natural settings. Lighting Zone 2 pertains to areas with moderate ambient lighting levels. These typically includ multifamily resicetiaUs . s, institutional resicential Uses, schools, churches, hospitals, hotels/motels, commercial and/or usinesses areas with evening activities embedded in predominately residential areas, neighborhood serving recreational ard playing fields and/ mixed -use development with a predominance of residential uses. Can be used to accommodate a district f ou,dor sales or industry in are are otherwise zoned LZ-1. Recommended default zone for rural and low -density residential areas. Includes residential single or two family; agricultural zone districts; rural residential zone districts; business parks; open space including preserves in developed areas. Recommended default zone for light commercial business districts and high density or mixed -use residential districts. Includes neighborhood business districts; churches, schools and neighbonood recreation Facilities; and light industrial zoning with modest nighttime uses or lighting requirements. LZ-3 LZ-4 Lighting Zone 3 pertains to areas with moderately high lighting levels. These typically include commercial corrid;• rs, high intensity suburban commercial areas, town centers, mixed use areas, industrial Uses and shipping and rail yards with high nighttime activity, high u se recreational and playing fields, regional shopping malls, car dealerships, gas stations, and other nighttime active exterior retail areas. Lighting zone 4 pertains to areas of very high ambient lighting levels. Z-, should only be u sed for special cases and is not appropriate for most cities. LZ-4 may be used for extremely u nusual installations such as high -density e ntertainment districts, and heavy industrial ecommended default zone for large city business districts. Includes business zone districts; commercial mixed use; and heavy industrial and/or manufacturing zone districts. Not a default zone. Includes high intensity business or industrial zone districts. PAGE 35 2020-2361 ORD2020-12 Uses. Source: Illuminating Engineering Society, International Dark -Sky Association, Joint IDA-IES Model Lighting Ordinance (MLII) with User's Guide, June 15, 2011. B. Construction Phase base allowance for lighting. The following lighting limits are the standards for the _Z in which the Oil and Gas Location is situated. Table 405 B.1 Construction Phase se Allowance for Lighting at Oil and Gas Locations LZ-0 LZ-1 LZ-2 LZ-3 LZ-4 For all LZs, up to 12.0 lumens per SF of hardscape Source: Illuminating Engineering Society, International Dark -Sky Association, Joint IDA-IES Model Lighting Ordinance (MLO) with User's Guide, June 15, 2011. The allowable base lumens for an Oil and Gas Location are calculated using the Lighting Zone as shown in Table 405 A.1, and the total hardscape. In both Planning Areas depicted on Appendix 21-B, the Construction Phase hardscape shall equal actual acres up to twelve (12) acres Operators shall ensure that lighting at the Oil and Gas Location does not exceed the assigned allowable base lumens. During the Construction Phase or during operations involving Pipeline or Gas Facility installation or maintenance, use of a Workover rig, or stimulation, Operators must comply with the maximum allowable lumens per SF as shown in Table 405 B.1. After new ligh the AGE imps Head 1-041 WOG I ndards to ensure lights are not D Director and/or the ,Dart of C. Production Phase base allowance for lighting. The following lighting limits are the standards for the LZ in which the Oil and Gas Location is situated (or as allowed by the OGED Director and/or the Hearing Officer): Table 405 C.1 Production Phase Base Allowance for Lighting at Oil and Gas Locations LZ-0 LZ-1 LZ-2 LZ-3 LZ-4 0.5 SF lumens of hardscape per 1.25 SF of lumens hardscape per 2.5 SF lumens of hardscape per 5.0 SF lumens of hardscape per 7.5 of lumens hardscape per SF Source: Illuminating Engineering Society, International Dark -Sky Association, Joint IDA-IES Model Lighting Ordinance (MLO) with User's Guide, June 15, 2011. The allowable base lumens for an Oil and Gas Location are calculated using the Lighting Zone PAGE 36 2020-2361 R 1.2020-12 as shown in Table 405 A.1, and the total hardscape. In both Planning Areas depicted on Appendix 21-B, the Production Phase hardscape shall equal actual acres of the Oil and Gas Location after Interim Reclamation. Operators shall ensure that lighting at the Oil and Gas Location does not exceed the assigned allowable base lumens. 1 During the Production Phase, unless another LZ is allowed by the OGED Director and/or the 1041 WOGLA Hearing Officer, Oil and Gas Locations within the Ag-Rural Planning Area as depicted on the map in Appendix 21-B shall comply with the lighting standards of LZ-0 or LZ-1, depending upon the number of and proximity to Building Units, DOAAs, and/or High Priority Habitats. Unless another LZ is allowed by the OGED Director and/or the Hearing Officer, Oil and Gas Locations within the Near -Urban Planning Area as depicted on the map in Appendix 21 -ti--, shall comply with the lighting standards of LZ-2 LZ-0 through or LZ-3, depending upon the number of and proximity to Building Units, DOAAs, and/or High Priority Habitats. a. The OGED Director and/or the Hearing Officer may require another LZ than what is allowed for the Planning Area in which the Oil and Gas Location is situated, depending upon which LZ best fits the land uses and circumstances surrounding the Oil and Gas Location. D. Lighting plan requirements. Operators shall provide a lighting plan with the Application to be considered by the OGED Director and the Hearing Officer. 1 The photometric lighting plan will demonstrate compliance with the Construction Phase lighting levels outlined in Table 405 B.1, and the Production Phase lighting levels outlined in Table 405 C.1, if applicable. In addition, tThe plan will demonstrate how permanent lighting the Applicant will utilize BMPs and lighting technology to limit the amount of light leaving the Location. The plan will include the following information, along with any other information OGED may request: a. A site plan showing lighting fixture locations as well as calculation points detailing the number of footcandles a specific point on the site plan has. b. Lighting schedule, detailing the different lighting fixtures which are proposed. c. Spec sheets for the proposed lighting fixtures. d. Photometric plan shaded view. E. Lighting standards. Operators shall adhere to the following lighting standards at all Oil and Gas Locations during all phases of Oil and Gas Operations:. Nothing in this section shall prohibit the use of indicator beacons or similar lighting that is designed to alert personnel to emergencies or abnormal operating conditions occurring on the Oil and Gas Location. 1. Operators shall direct site lighting downward and inward, such that no light shines above a horizontal plane passing through the center point of the light source, with lights hidden by the sound wall if one is present. 2. Operators will place bulbs within fixtures that obscure, block, or diffuse the light to reduce light intensity outside the boundaries of the Oil and Gas Location. 3 Operators will Offsite impacts from lighting shall be reduced or mitigated to the greatest PAGE 37 2020-2361 ORD2020-12 extent practicable using use a MPs including, but not limited to: inimizing lighting when not needed using timers or motion sensors ("use only the lights you need"); b. Using c. Using lighting c cut-off or full cut-off lighting; lors that reduce light intensity; and d. Using low -glare and no -glare lighting. 4. Utilization of lighting standares included but not limited to those listed above shall ensure Location lighting does not negatively impact the health, safety and welfare of Weld County's citizens, environment, and wildlife within the 1041 WOGLA Zone. Sec. 21-5=410. Visual impact mitigation. Production Facilities, regardless of construction date, observable from any public highway shall be painted with uniform, non -contrasting, non -reflective color tones (similar to the Munsell Soil Color Coding System), and with colors matched to, but slightly darker than, the surrounding landscape. Portable toilets for use on the Oil and Gs Location shall not be visible from adjacent properties or public rights -of -way. Sound walls or fencing may be used as screening. Sec. 21-5-415. Fugitive dust. perators shall employ practices for control of fugitive dust caused by their operations on the and Gas Q _ ocation and private access ro;ads. Such practices shall include, but are not limited to, the use of speed restrictions; regular road maintenance; restriction of construction activity during high -wind days; silica dust controls when handling sand used in Hydraulic racturing operations; and the application of dust suppression controls limited to magnesium chloride and Fresh Water. The submittal f and compliance with a dust mitigation plan detailing additional management practices such as road surfacing, construction of wind breaks ;nd barriers, soil stockpile stabilization •r automation of Wells to reduce truck traffic may be required by the OGED Director and/or the 1041 WOGLA I _ searing Officer as part of the 1041 WOGLA Permit approval to provide impact mitigation, or pursuant to a fugitive dust enforcement action against an Operator. Should the Operator chiDose tt provide a cash in lieu payment pursuant to the provisions of Sec. 21-5- 320C.3. of this Code, the Operator shall continue to be responsible for mitigating fugitive dust on County roads that are part of the haul route for the Oil and Gas Location. Sec. 21-5-420. O or. Oil ,:end Gas Operations shall comply with the AOCC Regulation No. 2 Odor Emission (5 C.C.R. 1001-4) Subsections A. I .A., and A.I l — A.V, which standards m.y be enforced by the GED Director f•-llowing the enforcement procedures set forth in this rticle V. The OGED Director and/or the 1041 WGLA Hearing fficer may require the submittal of and compliance with an odor mitigation plan as part of the 1041 WOGLA Permit approval to provide impact mitigation, or pursuant to any enforcement action against an Operator. Sec. 21=5=425. 5ote Ssecutohy and signage. PAGE 38 2020-2361 ORD2020-12 A. f The Oil and Gas Facility shall be designed and operated in a manner that is protective of public health, safety and welfare during all phases of operation by preventing public access, unauthorized vehicular traffic, and illegal dumping of wastes. 1. Appropriate measures shall be implemented to prevent access to the Oil and Gas Facilities by unauthorized persons, wildlife, or domestic animals. 2. Fencing maybe be required at the discretion of the OGED Director and/or included as a requirement in the Hearing Officer's final order. When used, fencing shall be appropriate to the siting of the proposed Oil and Gas Location. B. The Operator shall, concurrent with the Surface Owner notice, post a Temporary sign not less than two -feet by two -feet at the intersection of the lease road and the public road providing access to the well Site, with the name of the proposed Well, the legal location thereof, the assigned address, and the estimate date of commencement. Such sign shall be maintained until Completions operations at the Well are concluded. C. Within sixty (60) days after beginning construction of an Oil and Gas Loca₹ion, a permanent sign shall be required. 1 The sign shall be placed at the intersection of the lease access road with a public road but shall not be placed in the road right-of-way. Such sign, which shall be no less than three (3) square feet and no more than six (6) square feet, shall provide: the name of the o perator; a phone number at which the operator can be reached at all times; a phone n umber for local emergency services (911 where available); the Oil and Gas Location n ame; the legal location, including the quarter -quarter section; and the assigned address. 2. In lieu of providing the legal location on the permanent sign, it may be stenciled on a tank in characters visible from one hundred (100) feet. 3. In lieu of posting a Temporary sign per Sec. 21-5-415.B., the permanent sign may be installed. Sec. 21-5-430. Well completions. Oil and Gas Well Completions shall be conducted in compliance with the Reduced Emissions or "Green" Completion requirements of CDPHE, AQCC, Regulation 7 and US EPA, New Source Performance Standards, Subparts OOOO and OOOOa. Sec. 21-5-435. Noise. As part of the application for a 1041 WOGLA Permit, an Operator shall describe n oise mitigation measures that demonstrates their capability to meet the maximum permissible n oise levels as described in this Sec. 21-5-435.A. plans for A. Noise Level Standards. All Oil and Gas Operations will comply with the following maximum permissible noise levels: Table 435 A.1 Noise Levels 7:00 a.m. to next 7:00 p.m. 7:00 p.m. to next 7:00 a.m. A -scale NL-1 55 db(A) 50 db(A) PAGE 39 2020-2361 ORD2020-12 NL-2 60 db(A) 55 db(A) NL-3 65 db(A) 60 db(A) NL-4 70 db(A) 65 db(A) C -scale All Areas 65 db(C) 65 db(C) 1. During the Construction Phase or during operations involving Pipeline or Gas Facility installation or maintenance, use of a Workover rig, or stimulation, Operators must comply with the following noise levels: a. For Oil and Gas Locations within the Ag-Rural Planning Area as depicted on the map in Appendix 21-9, the OGED D* earing Officer -that Operators shall comply with up to the maximum permissible noise level for the NL-4 standard d-en upon the proxim., o b. For Oil and Gas Locations within the Near -Urban Planning Area as depicted on the map in Appendix 21-B, Operators shall comply with up to the maximum permissible noise level for the NL-3 standard l�nias wi.nin .ie ' 0 1 WOG _A Zone. c. The hearing Officer OGED Director may require Operators to comply with a lower maximum permissible noise level in consultation with the Colorado Department of Public Health and Environment, or Colorado Parks and Wildlife. 2. During the Production Phase, Operators with Oil and Gas Locations in both the Ag-Rural and Neer -Urban Planning Areas shall comply with the maximum permissible noise level for the NL-1 standard. 3. If any Builcing Un1ts 43 54 Periodic, impulsive or shrill noises will be allowed an additional five (5) db(,) from the levels shown in Table 435 A.1. for a period not to exceed 15 minutes in any 1 -hour period. Operators shall use ;[GPs and equipment maintenance or modifications to limit these types of noises to the fullest extent possible. Sound emitted from all engines, motors, coolers and other mechanized equipment shall be directed away from sensitive receptors, as practicable. 5 As part of the 1041 WOGLA Application, a noise mitigation plan as outlined in Sec. 21-5- 320. B.10., shall be required for all Oil and Gas Location within the Near -Urban Planning Area. For Oil and Gas Locations within the Ag-Rural Planning Area, a noise mitigation plan shall be required only if there are Building Units, DOAAs, and/or High Priority Habitats within the 1041 WOGLA Zone. a. If a Building Unit, High Priority Habitat, or DOAA is built or designated after an Oil and Gas Location is permitted, the Operator shall continue to comply with the standards of Sec. 21-5-435.A, as allowed within the approved 1041 WOGLA Permit permitted. PAGE 40 this 2020-2361 ORD2020-12 6. A noise impact study by a qualified sound expert may be required for Oil and Gas Locations within either the Near -Urban or Ag-Rural Planning Area, depending upon the number of and proximity to Building Units, DOAAs, and/or High Priority Habitats. 67 a. When required by the OGED Director, the Operator will prepare a noise impact study which will provide sound projection modeling including db(A) measurement at the three hundred fifty (350) feet point of compliance, and every five hundred (5Q0) feet from the Oil and Gas Location out to two thousand (2,000) feet, for both drilling and completions phases. The study shall also indicate all sensitive receptors and any significant geographic or topographic features that may impact noise propagation from the Oil and Gas Location. b. When required, the noise impact study shall be submitted to the OGED Director for review with the 1041 WOGLA Application. baseline ambient noise survey by a qualified sound expel may be r-guor-,d when there are existing industrial or cmmercial types of activity within the 1041 oTh by GLA Zone. When required by the OGED Direct :• r, the operator will cnduct background ambien noise surveys to establish baseline conditions for noise levels on the site, fir both A - scale �.ind C -scale noise. b. When required, the 1041 WOGLA Permit will include a condition of approval requiring the Operator to conduct the background ambient noise survey not more than ninety (90) days, nor less than thirty (30) days, prior to the Construction Phase. suc1 survey results shall be submitted te the ;AGED Director for review and possible action. If necessary, the noise mitigatioi plan shall be updated accordingly based on the survey results and submitted to the *GED Director for approval via the 1041 WOGLA Sundry F.rm. c. When an Operator conducts a background ambient survey the Operator will fol ow the same appr.ach as outlined in Sec. 21-5-435.E3 and over a 72 -hour period, including at least 24 hours between 10:00 p.m. on a Friday and 4:00 a.m. on a Ivlonday. A single cumulative daytime ambient noise level and a single cumulative nighttime ambient n oise leve- will be established by taking the logarithmic average of all daytime or n ighttime one (1) -hour Leq values measured and in accordance with the sound level data collection requirements pursuant to the maximum permissible noise levels found in Table 435 A.1. d. Sound levIs shah be measured at a distance: of 350 feet from the Oil and Gas Location, at minimum in four (4) directions. e. Operators may exceed the noise levels in Table 435 Al as measured at the nearest n oise point of compliance if all reasonably affected Surface Owners and tenants within the 1041 WOGLA Zone provide a written waiver to the higher noise limit requested by the Operator. E. To demonstrate compliance with the standards set f • rth in Sec. 21-5-435.A, sound levels sha be measured according t• the following standards: 1. pursuant to an A -scale complaint: . Sound levels shah be measured at a distance of three hundred fifty (350) feet from the Oil and Gas Location, ir the directiof the complainant. b. At the request of the complainant or OGED Director, sound levels may be measured PAG E41 2020-2361 at 02020-12 at a point beyond three hundred fifty (350) feet that the complainant or OGED Director believes is more representative of the noise impact. c. Of an Oil and Gas Location is located closer than three hundred fifty (350) feet from an existing occupied structure, sound levels shall be measured at a point twenty-five (25) feet from the structure towards the Oil and Gas Location. � �n property owned by the Operator, noise levels shall be measured at three hundred fifty (350) feet from the Oil and Gas Loca ion, or at the property line, whichever is greater. e. In situations where measurement of noise levels at three hundred fifty (350) feet is u nrepresentative or non -attainable due to topography, measurements may be taken at a more afitainable/accessible distance and be extrapolated to a three hundred fifty (350) f ot equivalent using the following formula: Unknown db(A) = Known db(A) — (20 x Iog10(d2/d1)) This same formula should also be used when calculating db(C) (d2 = standard distance 350 ft & dl = measured distance) f. Of a baseline noise survey has been conducted, the overall Leq within the closest direction of the complainant will be utilized to determine compliance. 2. Pursuant to a C -scale complaint: a. In situations where the complaint or on -site inspection indicates that low frequency n oise is a component of the pr•;blem, sound level measurements shall be taken twenty-five (25) feet from thexterior wall of the complainant's residence or occupied structure in the direction of the Oil and Gas Location, using a noise meter calibrated to the db(C) scale. b. If the noise source is on the same property as the complainant, db(C) readings will be taken twenty-five (25) feet from the exterior wall of the residence. c. If the sound levels exceed the maximum permissible noise levels as defined in Table 435 A.1, the OGED Director shall require the Operator to obtain a low frequency n oise impact analysis by a qualified sound expert, including identification of any reason{ble control measures av liable to mitigate such low frequency noise impact. Such study shall be provided to the *GED Director for review and possible actin. d. If a baseline noise survey has been conducted, the overall Leq within the closest direction of the complainant will be utilized to determine compliance. 3. Sound level meters shall be equipped with wind screens and shall take readings when the wind vela city at the time and place of measur 3ment is not mire than five (5) miles per hour. 4. Sound level measurements shall be taken from four (4) to five (5) feet above ground level. 5. Sound levels shall be determined by taking the logarithmic average (LASeq) of minute - by -minute Pneesurements made over a minimum thirty (30) fifteen (15) minute sample duration. Compliance will be determined by the highest measured LASeq average calculated and shall be rounded to the nearest whole number. 6. Sound levels shall be taken under conditions that are representative of the noise PAGE 42 2020-2361 ORD2020-12 experienced by the complainant (e.g., at night, morning, evening, or during special weather conditions). C. Cumulative Noise. 1. When required, or in instances when baseline noise surveys have previously been conducted, noise measurements will take into account ambient noise, rather than solely the incremental increase of noise from the facility targeted for measurement. 2. Of imbient noise levels already exceed the noise thresholds identified in Table 435 A.1, then during drilling or completion operations, including Flowback or operations involving Pipeline or Gas Facility installation or maintenance, use of a Workover rig, or stimulation, Operators will be considered in compliance, unless at any time their individual noise cf•;r°tributic n, measured pursuant to Sec. 21-5-435.B, increases noise above ambient leve s by greater than five (5) db(C) and five (5) db( 3. If ambient noise levels already exceed the maximum permissible noise thresholds identified in Table 435 A.1, under no circumstances shall the Production Phase exceed the ambient noise levels shown of the baseline noise survey. Sec. 21-5-440. Pollution. perators shall take precautions to minimize adverse environmental impacts to air, water, soil, .r biological resources to the extent necessary to protect public health, safety and welfare, including the environment and Wildlife Resources. Sec 21-5- , 45. Leak det action and repair (LDAR). Leak ! etection and Repair (LDAR) shall be conducted in compliance with all state and federal regulations. Sec. 21-5-450. Management of waste. E:: P Waste. Operators shall ensure tP._. t E&P Waste is properly stored, handled, tPansoortrd, treated, recycled, and/or disposed of in accordance with federal, state and Weld County regulations. Land treatment with oily waste on Oil and Gas Locations permitted through the 1041 W GLA process is prohibited. I. B. N n-b&P Waste. Operators shall ensure that non=E P Wastes are properly shred, haidBed, transported, treated, recycled, and/or disposed of in accordance with state -.:nd federal regulations. Oil and Gas Locations shall be kept free of trash, debris, scrap and/or discarded materials connected with operations on the property. Sec 21-5-455. Storage tank control requirements. Crude oil, condensate and Produced Water st.rage Tanks shall be installed and operated in compliance with all state and federal regulations. Sec. 21-5-46O Pits - grnierS and special rules. A. Drilling Pits, Multi -Well Pits, Reserver Pits, and Special Purpose Pits, (as defined in Sec. 21- 5-20) used for the exploration and production of oil ;nd gas are prohibited. Operators are required to use closet -loop systems drilling on and Gas Locations. B. Emergency Pits, as defined in Sec. 21-5-20 above, may be allowed if constructed esind used only in the initial phase of emergency response. The Operator shall notify the *GED Director PAGE 43 2020-2361 02020-12 within 24 hours of the construction of an Emergency Pit. nce the emergency is controlled, the Emergency Pit shall be reclaimed :and cleared of all hydrocarbons, Produced Water or any other substance that may be contained within. C. Freshwater Pits, as defined in Sec. 21-5-20 above, shall be permitted in accordance with applicable state and federal regulations. D. Production Pits, as defined in Sec. 21-5-20 above, may be permitted in accordance with applicable state and federal regulations, and if granted a variance by the OGED Director pursuant to the rule set forth in Sec. 21-5-570. Sec. 21-5-465. Spills and releases. Operators shall maintain a Spill prevention plan for each Oil and Gas Location with BMPs to adequately protect any and all critical recepyors. The OGED Director and/or 1041 W• .' L , Hearing Officer may require the submittal of and compliance with a Spill prevention plan as part of the 1041 W GLA Permit approval to provide impact mitigation, or pursuant to any enforcement action against an Operator. Operators shall notify the Weld County Office of Emergency Management of the occurrence of Spills and Releases, s required by the terms of the approved Weld County Emergency Action Plan. Sec. 21-5470. Concentrrflons and sampling for soil and ground water. Operators shall comply with ;applicable state and federal rules and regulations regarding concentrations and sampling for soil and ground w,ter, if applicable. Results of such sampling shall be made av; ilable at the request of the OGED Director and/or ''Veld County Department of Public Health and Environment. Sec. 21-5-475. Venting and flaring natural gas. perators shall comply with applicable state and federal rules regarding venting and flaring of tural gas. operators shall minimize venting and flaring to tie greatest extent practicable. Sec. 21-5-480. Air permits. Facilities and Frquipment which are sources of regulated air missions snail be authorized in accordance with the Air Pollutant Emission Notice (APEN) and Stationary Source Permitting requirements of CDPHE, AQCC, Regulation 3. S e c 21-5-%-85. Pneumatic pumps and controllers. Operators are encouraged to install non -pneumatic devices or pneumatic devices that are operated using instrument .1ir wherever feasible. Natural gas operated pneumatic devices shall be instAled and operated in compliance with the requirements of CDPHE, AQCC, Regulation 7, Part I and US EPA, New Source Performance Standards, Subparts OCR ;O and Subpart OOOOa. Sec. 21-5490. Setbacks. A. General Requirements. 1. At the time of initial construction drilling, a Well shall be located not less than two hundred (200) feet from a surface property line, buildings, the current or future Right -of -Way line of public roads, major above ground utility lines, or railroads. PAGE 44 2020-2361 RD2020-12 line Th He rin 0 fficer may grant meet this minimum 4 a variance from the surface property The setback if a waiver is obtained from the offset adjacent Surface Owner(s). 3. No portion of the Oil and Gas Facility shall be located within twenty (20) feet of the current or future County right-of-way. No portioi of the disturb :d area of the ; ail and Gas Loction shall be within the current or future Rrighi-of Wway of State, County or unicipal roads, or within recorded easements of utilities or railraos, unless written documentation allowing such disturbance is included in the Application. uilding Unit. Oil and Gas Location shall be located a minimum of five hundred (500) feet from uilding Units. Fr ar exception from the Building Unit setb0tk, the Operator may submit a waiver from each Building Unit owner wwithin five hundred (500) feet of the pr•,pos d OH and Gas Location to be approved by the Hearing Officer. alternatively, the Hearing Officer m,y approve an exception by determining that potential locations outside the 500 -foot setback are technically infeasible or economically impracticable and sufficient mitigation measures including, but not limited to, gIMPs shall be employed to protect public health, safety and welfare. C. High -ccupancy ruilding Unit. Oil and Gas Location shall be located a minimum of five hundred (500) feet from a High Occupancy Building Unit. Designated Outside Activity Area ("D�AA"). Oil and Gas Locations shall be located a minimum .f five hundred (500) feet from the boundary of a D•AA. E School Facility and Child Care Center. Oil and Gas Location shall be located a minimum of lye hundred (500) feet fr• m the boundary of a School Facility or Child Care Center, unless the relevant School Governing Body agrees in writing to the location of the proposed Oil and Gas aocation and the 1 041 %GLA Hearing Officer determines that ptcntial locations outside the applicable setback .re technically infeasible .r econmically impracticable and sufficient mitigation measures are in place to protect public health, safety, and welfare. Such mitigation measures shall be a condition of approval of the 1041 WOGLA Permit. F. Existing Oil and Gas Locations. Where the Oil and Gas Location is located less than the minimum applicable setback distance solely as a result of any Building Unit, High Occupancy Building Unit, School Facility, Child Care Center, or •AA being constructed after the and Gas Location was constructed, the Hearing Officer may e. pprove an exceptin to the minimum setback distance when a Well or Production Facility is proposed to be added to an existing or aoproved Oil and Gas Location if the Hearing Officer determines alternative locations outside the applicable setback are technically or economically impracticable and sufficient mitigation measures are in place to protect public health, safety, and welfare. G. The measurement for determining compliance with the minimum setback distance shall be the shortest distance between the disturbed area of the Oil and Gas Location and the nearest edge or corner of any Building Unit, High C ccupancy Building Unit, or the nearest property boundary of a School Facility, Child Care Center or DOAA. H. Surface development pursuant to a SUA or Site -Specific Development Ran. Surface L•wner or Building Unit owner and mineral owner or mineral lessee may agree to locate future Building Units closer to existing or proposed Oil and Gas Locations than otherwise allowed pursuant PAGE 45 • 2020-2361 R D2020-12 to a valid SUA or Site -Specific Development Plan (as defined in Sec. 24-68-102(4)(a), C.R.S., that establishes vested property rights as defined in Sec. 24-68-103, C.R.S.) that expressly governs the location of Wells or Production Facilities on the surface estate. Sec. 21-5-495. Mitigation measures for setback variances. The following requirements apply to Oil and Gas Locations that have been granted a variance from the designated setback distance from a Building Unit, High Occupancy Building Unit, School Facility, Child Care Center, or DOAA: A. In addition to the mitigation measures agreed to between the Operator and the persons or entities noticed pursuant to Sec. 21-5-320 of this Article V, the following mitigation measures shall apply to each Oil and Gas Location that is granted a setback variance: 1. Noise. Noise levels shall comply with the NL-1 standard during all phases of operation, including but not limited to the Construction Phase and Production Phase. Short-term noise increases shall be allowable as described in Sec. 21-5-435 of this Article V. 2. Secondary Containment. Berms shall be constructed of steel or other suitable material and shall be designed and installed to prevent leakage and resist degradation from erosion or routine operation. Secondary containment areas shall be constructed with a synthetic or engineered liner that contains all tanks, primary containment vessels and Flowlines and is mechanically connected to the berm to prevent leakage. 3. Remote monitoring and automation. Wells and production facilities shall be equipped with remote monitoring and control capabilities and automated shut in measures to prevent gas venting during emission control system failures or other upset conditions. 4. Flaring and venting. Flaring and venting of gas shall be prohibited, except during upset or emergency conditions or as allowed by the COGCC and the OGED Director. 5. A site specific risk assessment shall be included as part of the Application, for consideration by the OGED Director and the Hearing Officer. The assessment shall be prepared by a qualified professional and shall identify any potential hazards, determine a path for hazard mitigation, increase public safety, and shall give site specific policies and procedures which demonstrate protection of the health, safety and welfare of Weld County's citizens, environment, and wildlife. Sec. 21-5-500. Safety requirements. Operators shall comply with state and federal safety rules and regulations as applicable to all Oil and Gas Operations. Sec. 21-5-505. Floodplain and overlay district requirements. An Operator shall comply with Article V and Article Xl of Chapter 23 of this Code if the proposed Oil and Gas Location is located within any Overlay District Area or a Special Flood Hazard Area identified by maps officially adopted by the County. Sec. 21-5-510. 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 drainage report to comply with required Storm Drainage Criteria pursuant to Chapter 8, Article Xl 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. PAGE 46 2020-2361 ORD2020-12 The following standards apply only to the development of oil and gas exploration and production in the Weld Mineral Resource (Oil and Gas) Area. These standards shall be supported by calculations signed and stamped by a Colorado Licensed Professional Engineer and accepted by the Weld County Department of Public Works. A. Oil and Gas Tank battery secondary containment. When calculating the Oil and Gas Location imperviousness and pervious areas, secondary containment areas may be excluded from the total site imperviousness and pervious calculations provided that the secondary containment area is appropriately sized to hold the originally designed safety containment volumes plus the 100 -year storm rainfall. B. Detention pond storage volume. In non -urbanizing areas during the Construction Phase, detention ponds shall be sized to store the stormwater runoff generated by the 1 -hour, 100 -year storm falling on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 10 -year storm falling on the undeveloped site or at five (5) cubic feet per second, whichever is greater. Historic is defined as an undeveloped site (before any development) with an assumed 2.0% imperviousness maximum. During the Production Phase or in urbanizing areas, detention ponds shall adhere to Sec. 8-11-100.A.1. of this Code. C. Detention pond freeboard. During the Construction Phase, less than one (1) foot of freeboard may be allowed on a case -by -case basis. This exception shall be supported by calculations signed and stamped by a Colorado Licensed Professional Engineer and accepted by the Weld County Department of Public Works. During the Production Phase, the detention pond shall adhere to Sec. 8-11-100.A.4 of this Code. D. Emergency spillway. In order to prevent damage to publicly owned infrastructure (roads, roadside ditches), a cutoff wall is required on all privately maintained detention ponds and retention ponds. The cutoff wall permanently defines the emergency spillway opening. The emergency spillway elevation must be tied back into the top of the embankment using a maximum slope of 4:1. The cutoff wall must either be constructed of concrete or galvanized steel sheet pile. Concrete cutoff walls must adhere to Sec. 8-11-100.A.7 of this Code. Steel sheet pile cutoff walls must be hot dipped galvanized steel of one -quarter (1/4) inches thickness or three (3) gauge and extend three (3) feet below the bottom of the pond or per manufacturer's recommendation, whichever is greater. If steel sheet pile is proposed for the cutoff wall, the native soils must be tested for sulfate levels. If the sulfate levels are above 1.0%, the sheet pile shall be coated with a corrosion resistant epoxy. E. Retention pond. Retention facilities shall be allowed without a variance only during the Construction Phase. Retention facilities that are proposed for the Production Phase require the issuance of a variance requested by the Applicant and accepted by the Weld County Department of Public Works. Sec. 21-5-515. Storage of non -essential items. All Oil and Gas Locations shall be kept free of commercial products, Chemicals, materials and other supplies not necessary for use on the Oil and Gas Location, and Junk and unused Commercial Vehicles as those terms are defined in Sec. 23-1-90 of this Code. The burning or burial of any such material and/or items on the Oil and Gas Location is prohibited. Sec. 21-5-520. Equipment anchoring requirements. All equipment at Oil and Gas Locations in geological hazard areas and Floodplains shall be anchored. Anchors must be engineered to support the equipment and to resist flotation, collapse, PAGE 47 2020-2361 ORD2020-12 lateral movement, or subsidence, and must comply with all requirements of any necessary geologic hazard recommendations and/or Flood Hazard Development Permit. Sec. 21-5-525. Pry tection of Wildlife Resources. A. The OGED Director, utilizing the referral from CPW, shall determine whether conditions of approval are necessary to Minimize Adverse Impacts from the proposed Oil and Gas perations in the identified High Priority Habitat. For purposes of this rule, the term "Minimize 7 and decisions made to Minimize Adverse Impacts to Wildlife Resources; and the COGCC Rules. B. In selecting conditions of approval the OGED Director and/or 1041 WOGLA Hearing Officer shall consider the following factors, among other considerations: 1. The BMPs for the producing geologic basin in which the Oil and Gas Location is situated; 2. Site -specific and species -specific factors of the proposed new Oil and Gas Location; 3. Anticipated direct and indirect effects of the proposed Oil and Gas Location on Wildlife Resources; 4. The extent to which conditions of approval will promote the use of existing facilities and reduction of new surface disturbance; 5. The extent to which legally accessible, technologically feasible, and economically practicable alternative sites exist for the proposed new Oil and Gas Location; 6. The extent to which the proposed Oil and Gas Operations will use technology and practices which are protective of the environment and Wildlife Resources; 7. The extent to which the proposed Oil and Gas Location minimizes surface disturbance and habitat fragmentation; 8. The extent to which the proposed Oil and Gas Location is within land used for residential, industrial, commercial, agricultural, or other purposes, and the existing disturbance associated with such use. Sec. 21-5-530. Other general operating requirements regarding wildlife protection. Subject to exception by the OGED Director for site specific reasons and BMPs, the operating requirements identified below shall apply in all areas. A. To Minimize Adverse Impacts to Wildlife Resources, Operators shall plan new transportation networks and new oil and gas facilities to minimize surface disturbance and the number and length of oil and gas roads and utilize common roads, rights -of -way, and access points to the extent practicable, consistent with these rules, an Operator's operational requirements, and any requirements imposed by federal and state land management agencies, Weld County's PAGE 48 2020-2361 ORD2020-12 regulations, and SUAs and other Surface Owner requirements, and taking into account cost effectiveness and technical feasibility. B. Establish new staging, refueling, and Chemical storage areas outside of riparian zones and Floodplains. C. Use minimum practical construction widths for new rights -of -way where Pipelines cross riparian areas, streams, and critical habitats. Sec. 21-5-5358 Requirements in High Priority Habitats. An Operator of an Oil and Gas Location within a High Priority Habitat shall follow the Operator's Wildlife Mitigation Plan, if one is required pursuant to Rule 120.1 of the COGCC Rules. Sec. 21-5-540. General operating requirements in High Priority Habitats. A. Subject to exception by the OGED Director for site specific reasons and BMPs, within High Priority Habitat and Restricted Surface Occupancy Areas, Operators shall comply with the following operating requirements: 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 (1/4) mile intervals where the trench parallels well-defined game trails. Inform and educate employees and contractors on wildlife conservation practices, including no harassment or feeding of wildlife. 3. Consolidate new facilities to minimize impact to wildlife. 4. Minimize rig mobilization and demobilization where practicable by completing or recompleting all Wells from a given Well pad before moving rigs to a new location. 5. To the extent practicable, share and consolidate new corridors for Pipeline rights -of -way and roads to minimize surface disturbance. 6. Engineer new Pipelines to reduce field fitting and reduce excessive right-of-way widths and Reclamation. 7. Use boring instead of trenching across perennial streams considered critical fish habitat. 8. Treat any Pits, Freshwater Pits or open vessels containing water that provides a medium for breeding mosquitoes with Bti (Bacillus thuringiensis v. israelensis) or take other effective action to control mosquito larvae that may spread West Nile Virus to wildlife, especially grouse. 9. Use wildlife appropriate seed mixes wherever allowed by Surface Owners and regulatory agencies. 10. Mow or brush hog vegetation where appropriate, leaving root structure intact, instead of scraping the surface, where allowed by the Surface Owner. 11. Limit access to oil and gas access roads where approved by Surface Owners, surface managing agencies, or Local Government, as appropriate. 12. Post interior speed limits and caution signs to the extent allowed by Surface Owners, as appropriate. PAGE 49 2020-2361 ORD2020-12 13. Use wildlife -appropriate fencing where acceptable to the Surface Owner. 14. Use topographic features and vegetative screening to create seclusion areas, where acceptable to the Surface Owner. 15. Use remote monitoring of Well production to the extent practicable. 16. Reduce traffic associated with transporting fluids through the use of Pipelines, large Tanks, or other measures where technically feasible and economically practicable. Sec. 21-5-545. Site preparation and stabilization. A. Soil removal and segregation. 1. Soil removal and segregation on Crop Land. As to all excavation operations undertaken o n Crop Land, the Operator shall separate and store soil horizons separately from one another and mark or document stockpile locations to facilitate subsequent Reclamation. When separating soil horizons, the Operator shall segregate horizons based upon noted changes in physical characteristics such as organic content, color, texture, density, or consistency. Segregation will be performed to the extent practicable to a depth of six (6) feet or bedrock, whichever is shallower. 2. Soil removal and segregation on non-croplandCrop Land. As to all excavation operations u ndertaken on Nnon-Crop Land, the Operator shall separate and store the topsoil horizon o r the top six (6) inches, whichever is deeper, and mark or document stockpile locations to facilitate subsequent Reclamation. When separating the soil horizons, the Operator shall segregate the horizon based upon noted changes in physical characteristics such as organic content, color, texture, density, or consistency. 3. Horizons too rocky or too thin. When the soil horizons are too rocky or too thin for the Operator to practicably segregate, then the topsoil shall be segregated to the extent practicable and stored. Too rocky shall mean that the soil horizon consists of greater than thirty five percent (35%) by volume rock fragments larger than ten (10) inches in diameter. Too thin shall mean soil horizons that are less than six (6) inches in thickness. The Operator shall segregate remaining soils on Crop Land to the extent practicable to a depth of three (3) feet below the ground surface or bedrock, whichever is shallower, based upon n oted changes in physical characteristics such as color, texture, density or consistency and such soils shall be stockpiled to avoid loss and mixing with other soils. B. Protection of soils. All stockpiled soils shall be protected from degradation due to contamination, compaction and, to the extent practicable, from wind and water erosion during drilling and production operations. BMPs to prevent weed establishment and to maintain soil microbial activity shall be implemented. C. Drill pad location. The drilling location shall be designed and constructed to provide a safe working area while reasonably minimizing the total surface area disturbed. Consistent with applicable spacing orders and Well location orders and regulations, in locating drill pads, steep slopes shall be avoided when reasonably possible. The drill pad site shall be located on the most level location obtainable that will accommodate the intended Use. If not avoidable, deep vertical cuts and steep long fill slopes shall be constructed to the least percent slope practical. Where feasible, Operators shall use horizontal drilling to reduce cumulative impacts and Minimize Adverse Impacts on Wildlife Resources. D. Surface disturbance minimization. PAGE 50 2020-2361 ORD2020-12 1. In order to reasonably minimize land disturbances and facilitate future Reclamation, Well Sites, Production Facilities, gathering Pipelines, and access roads shall be located, adequately sized, constructed, and maintained so as to reasonably control dust and Minimize Erosion, alteration of natural features, removal of surface materials, and degradation due to contamination. 2. Operators shall avoid or Minimize Adverse Impacts to wetlands and riparian habitats to the degree practicable. 3. Where practicable, Operators shall consolidate facilities and Pipeline rights -of -way to Minimize Adverse Impacts to Wildlife Resources, including fragmentation of wildlife habitat, as well as cumulative impacts. 4. Access roads. Existing roads shall be used to the greatest extent practicable to Minimize Erosion and minimize the land area devoted to Oil and Gas Operations. Roadbeds shall be engineered to avoid or Minimize Adverse Impacts to riparian areas or wetlands to the extent practicable. Unavoidable impacts shall be mitigated. Road crossings of streams shall be designed and constructed to allow fish passage, where practicable and appropriate. Where feasible and practicable, Operators are encouraged to share access roads in developing a Field. Where feasible and practicable, roads shall be routed to complement other Land Usage. To the greatest extent practicable, all vehicles used by the Operator, contractors, and other parties associated with the Well shall not travel outside of the original access road boundary. Repeated or flagrant instance(s) of failure to restrict lease access to lease roads which result in unreasonable land damage or crop losses shall subject the 1041 WOGLA Permit to suspension or revocation by the 1041 WOGLA Hearing Officer pursuant to Sec. 21-5-370. Sec. 21-5-550. General Reclamation requirements. A. Surface restoration. The surface of the land shall be restored as nearly as practicable to its condition at the commencement of drilling operations, including topsoil restoration and protection. B. Surface Owner Reclamation release form. The Surface Owner has the right to waive Reclamation requirements set forth in Sec. 21-5-545, 21-5-555, and 21-5-560 of this Article V, unless such Reclamation is deemed necessary to protect public health, safety and welfare, environment and wildlife of Weld County, as determined by the OGED Director. Sec. 21-5-555. Interim Reclamation. A. General. Debris and waste materials other than de minimis amounts, including, but not limited to, concrete, sack bentonite and other drilling mud additives, sand plastic, pipe and cable, as well as equipment associated with the drilling, re-entry, or Completion operations shall be removed. All waste shall be handled according to Sec. 21-5-450 of this Article V. All Freshwater or Production Ponds, cellars, rat holes, and other bore holes unnecessary for further Oil and Gas Operations, will be backfilled as soon as possible after the drilling rig is released to conform with surrounding terrain. On Crop Land, if requested by the Surface Owner, guy line anchors shall be removed as soon as reasonably possible after the Completion rig is released. When permanent guy line anchors are installed, it shall not be mandatory to remove them. When permanent guy line anchors are installed on Crop Land, care shall be taken to minimize disruption or cultivation, irrigation, or harvesting operations. If requested by the Surface Owner the anchors shall be specifically marked, in addition to the marking required below, to facilitate farming operations. All guy line anchors left buried for PAGE 51 2020-2361 ORD2020-12 future use shall be identified by a marker of bright color not less than four (4) feet in height and not greater than one (1) foot east of the guy line anchor. S. Interim Reclamation of areas no longer in use. All disturbed areas effected by drilling or subsequent operations, except areas reasonably needed for production operations or for subsequent drilling operations to be commenced within twelve (12) months, shall be reclaimed as early and as nearly as practicable to their original condition or their final Land Use as designated by the Surface Owner and shall be maintained to control dust and Minimize Erosion to the extent practicable. As to Crop Lands, if subsidence occurs in such areas additional topsoil shall be added to the depression and the land shall be re -leveled as close to its original contour as practicable. Interim Reclamation shall occur no later than three (3) months on Crop Land or six (6) months on Non -Crop Land after such operations. The Operator may submit a 1041 WOGLA Sundry Form to the OGED Director requesting an extension due to conditions outside the Operator's control. Areas reasonably needed for production operations or for subsequent drilling operations to be commenced within twelve (12) months shall be compacted, covered, paved, or otherwise stabilized and maintained in such a way as to minimize dust and erosion to the extent practicable. C. Compaction alleviation. All areas compacted by drilling and subsequent Oil and Gas perations which are no longer needed following completion of such operations shall be cross -ripped. On Crop Land, such compaction alleviation operations shall be undertaken when the soil moisture at the time of ripping is below thirty-five percent (35%) of field capacity. Ripping shall be undertaken to a depth of eighteen (18) inches unless and to the extent bea rock is encountered at a shallower depth. D. Restoration and revegetation. When a Well is completed for production, all disturbed areas no longer needed will be restored and revegetated as soon as practicable. 1. Revegetation of Crop Lands. All segregated soil horizons removed from Crop Lands shall b ep aced 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 undesirable species and noxious wWeeds, and to Mminimize Eerosion. Any perennial forage crops that were present before disturbance shall be re- established, if &cceptable to the Surface Owner. 2. Revegetation of Nnon-Crop Lands. All segregated soil horizons removed from Nnon-Crop Lands shall be replaced to their original relative positions and contour as near as practicable to achieve erosion control and long-term stability and shall be tilled prepared adequately to establish a proper seedbed. The disturbed area then shall be reseeded ir the first favorable season following rig demobilization. Reseeding with species consistent with the adjacent plant community is encouraged. In the absence of an .greement between the Operator and the affected Surface Owner as to whet seed mix should be used, the Operator shall consult with a representative of the local soil conservation district to determine the proper seed mix to use in revegetating the disturbed area. In an area where an Operator has drilled or plans to drill multiple Wells, in the absence of an agreement between the Operator and the affected Surface Owner, the Operator may rely upon previus advice given by the local soil conservation district in determining the proper seed mixes to be used in revegetating each type of terrain upon which operations are to be conducted. Interim Reclamation of all disturbed areas no longer in use shall be considered complete when all ground surface disturbing activities at the site have been completed, and all disturbed areas have been either built on, cmpact d, c.vered, paved, PAGE 52 2020-2361 ORD2020-12 or otherwise stabilized in such a way as to Minimize Erosion to the extent practicable, or a uniform vegetative cover has been established that reflects pre -disturbance or Reference Area forbs, shrubs, and grasses with total percent plant cover of at least eighty percent (80%) of pre -disturbance levels or Reference Areas, excluding noxious wWeeds. Re -seeding alone is insufficient. 3. Interim Reclamation completion. The Operator shall notify the OGED Director via the 1041 WOGLA Sundry Form with a description of the interim Reclamation procedures and any associated mitigation measures performed, any changes, if applicable in the landowner's designated final Land Use, and at a minimum four (4) color photographs taken during the growing season of vegetation, one (1) from each cardinal direction which document the success of the interim Reclamation and one (1) color photograph which documents the total cover of live perennial vegetation of adjacent or nearby undisturbed land or the Reference Area. Each photograph shall be identified by date taken, location name, GPS location, and direction of view. 4. Temporary Access Permits. If a tTemporary access permit is associated with a drill site, the tTemporary access will be reclaimed in accordance with Chapter 8, Article XIV of this Code. 5. Weed control. All areas being reclaimed shall be kept as free of wWeeds as practicable. Weed control measures shall be conducted in consultation with the Weld County Weed Management Specialist. It is the responsibility of the Operator to monitor reclaimed lands for noxious wWeed infestations. If necessary, the OGED Director may require a wWeed control plan. Sec. 21-5-560. Final Reclamation. A. Well Sites, associated Production Facilities, and access roads. Upon the Plugging and Abandonment of a Well all Wells on Location or final closure of associated Production Facilities, all Freshwater Pits or Production Pits, mouse and rat holes and cellars shall be backfilled. All debris, abandoned Gathering Line Risers and Flowline Risers, and surface equipment shall be removed within three (3) months of plugging a --the final Well on Location or final closure of associated Production Facilities. All access roads to Plugged and Abandoned Wells and associated Production Facilities shall be closed, graded, and recontoured, and fully reclaimed. Culverts and any other obstructions that were part of the access road(s) shall be removed. be reclaimed. As All applicable, compaction alleviation, restoration, and revegetation of Well Sites, associated Production Facilities, and access roads shall be performed to the same standards as established for interim Reclamation under Sec. 21-5-555, above. All other equipment, supplies, weeds, rubbish, and other waste material shall be removed. The burning or burial of such material on the premises shall be performed in accordance with applicable local, state, or federal Solid Waste Disposal regulations. In addition, material may be burned or buried on the premises only with the prior written consent of the Surface Owner. After plugging the final Well on Location or final closure of associated Production Facilities, Aall such Reclamation work shall be completed within three (3) months on Crop Land and twelve (12) months on Non -Crop Land Facilities. The OGED Director may grant an extension where unforeseen circumstances are encountered, but every reasonable effort shall be made to complete Reclamation before the next local growing season. Such request shall be made in writing to the OGED Director via the 1041 Sundry Form. PAGE 53 2020-2361 ORD2020-12 S. Final Reclamation threshold for approval and release. Successful Reclamation of tho Well Site, associated Producti• n Facilities, and access road means: 1 On Crop Land, Reclamation has been performed to the standards established under Sec. 21-5-555 and there has been no significant unrestored subsidence over two growing seasons. 2. On Non -Crop Land, Reclamation has been performed to the standards established under Sec. 21-5-555 and disturbed areas have been either built on, compacted, covered, paved, or otherwise stabilized in such a way as to Minimize Erosion to the extent practicable, or a uniform vegetative cover has been established that reflects pre -disturbance or Reference Area forbs, shrubs, and grasses with total percent plant cover of at least eighty percent (80%) of pre -disturbance levels or ',eference Areas, excluding noxious weeds. The Jpnrator shall consider the total cover of live perennial vegetation of Reference Area, not including ovtrstory or tree canopy cover, having similar soils, slope and aspect of the reclaimed area. 3. Disturbances resulting from Flowline installations and/or removal shall be deemed adequately reclaimed when the disturbed area is reasonably capable of supporting the pre -disturbance Land Use. C. Final Reclamation of all disturbed areas shall be considered complete when all activities disturbing the ground have been completed, and all disturbed are: s have been either built upon, compacted, covered, paved, or otherwise stabilized in such a way as to Minimize Erosion, or a uniform vegetative cover has been established that reflects pre -disturbance or Referenc Area forbs, shrubs, and grasses with total percent plant cover of at least �Jighty percent (80%) of pre -disturbance levels or Reference Areas, excluding noxious wWeeds, or equivalent permanent, physical erosion reduction methods have been employed. Re -seeding lone is insufficient. D. Weed control. All areas being reclaimed shall be kept as free of wWeeds as practicable. Weed control measures shall be conducted in consultation with the Weld County Weed Management Specialist. It is the responsibility of the Operator to monitor reclaimed lands for noxious wWeed infestations. If necessary, the OGED Director may require a wWeed control p Ian E. Final Reclamation completion release. The Operator shall submit a request for release via the 1041 WOGLA Sundry Form upon completion of the requirements outlines in Sec. 21-5-560.C. above. This request for release shall be submitted no later than two (2) growing seasons after Reclamation work was conducted. Form :• ith The request for release shall include a description of the final Reclamation procedures, any associated mitigation measures performed and any changes, if applicable, in the landowner's designated final Land Use. The Operator shall attach the following: 1. If located on Crop Land a minimum of four (4) color photographs one (1) from each cardinal direction taken during both the growing and non -growing season, which document the success of the final Reclamation. If located on Non -Crop Land a minimum of four (4) color photographs one (1) from each cardinal direction taken during the growing season of vegetation and one (1) color photograph which documents the total cover of live perennial vegetation of adjacent or nearby undisturbed land or the Reference Area. Each photograph shall be identified by date taken, location name, GPS location, and direction of view. PAGE 54 C 2020-2361 ORD2020-12 2. Where necessary, the Operator shall submit to the OGED Director a Surface Owner Reclamation release form if the Surface Owner wishes to have ;:seas un-reclaimed or items left on location. The OGED Director shall review the request and determine if Reclamation will be necessary to protect public health, safety and welfare, environment and wildlife of Weld County pursuant to Sec. 21-5-545.B. Upon the GED Dirrictor's approval, the Surface Owner Reclamation release form shall be placed of record with the Weld County Clerk and Recorder. 3. The OGED Director shall complete a review of the submittal and when necessary, perform an on -site inspection. If the OGED Director determines that there are no outstanding compliance issues associated with the location the final Reclamation siall be deemed complete and approved. The Operator shall then be released of any further obligations on the location. If the OGED Director determines Reclamation efforts to be insufficient or incomplete the Operator will be notified, in writing, of such findings. Approval by the OGED Director is required for an Operator to be released of obligations on the location. F. Failure to comply with any of these fin Director Sec. 21 -370 of this Code Appendix XXX. Sec. 21-5-565. F Failure to comply with any items contained in the approved 1041 WOGLA Permit final order, the conditions of approval, or the Development Standards contained herein shall be subject to a financial fee, assessed daily from the date of notification by the OGED Director, pursuant to Appendix 5-D of the Weld County Code. The OGED Director shall also utilize Appendix 5-D when assessing fees due to enforcement actions. Sec. 21-5-570. Variances. n perator may seek, a variance, due to a hardship, to any rule •-r regulation found in Chapter 21, Article V of this Code. A variance request shall be submitted in writing to the OGED Director as part of the 1041 WOGLA Permit Application or via the Sundry Form. Should an Operator seek variance to an •girder issued by the 1041 GLA Hearing Officer, the Applicant shall submit their request to the OGED Director via the 1041 WOGLA Sundry Form. Aa subsequent hearing may shall be required for the Hearing Officer to grant consider a variance. The Operator requesting a variance must show that it has made a good faith effort to comply or is unable to comply with the specific requirements contained in these 1041 WOGLA Regulations or the 1041 WOGLA Permit from which it seeks a variance. The Operator must also demonstrate through mitigation measures that the requested variance shall Minimize Adverse Impacts to public health, safety, welfare, and environment including Wildlife Resources. APPENDIX 21-A — No change. ADD APPENDIX 21-B — Weld County Oil and Gas Department Ag-Rural and Near -Urban Planning Areas. 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 PAGE 55 • 2020-2361 RD2020= 12 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. The above and foregoing Ordinance Number 2020-12 was, on motion duly made and seconded, adopted by the following vote on the 3rd day of August, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Steve Moreno, Chair Weld County Clerk to the Board Scott K. James, Pro -Tern BY: Deputy Clerk to the Board Mike Freeman APPROVED AS TO FORM: Lori Saine County Attorney Perry Buck Date of signature: First Reading: Publication: Second Reading: Publication: Final Reading: Publication: Effective: June 15, 2020 June 26, 2020 , in the Greeley Tribune July 6, 2020 July 15, 2020, in the Greeley Tribune August 3, 2020 August 14, 2020, in the Greeley Tribune August 17, 2020 PAGE 56 2020-2361 ORD2020-12 Hello