HomeMy WebLinkAbout20213063.tiffWELD COUNTY
CODE ORDINANCE 2021-17
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 Chapter 21 Areas and Activities of State Interest, of the Weld
County Code be, and hereby is, repealed and re-enacted, with amendments, to read as follows.
CHAPTER 21
AREAS AND ACTIVITIES OF STATE INTEREST
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
Amend Sec. 21-5-10. Purpose, intent, and authority.
Remainder of Section — No change.
Amend Sec. 21-5-20. Definitions.
In addition to the terms defined in Section 21-1-90 of this Code, the following terms specific
to the designation of site selection and construction of Oil and Gas Locations and Oil and Gas
Facilities shall be construed to have the meanings set forth as follows:
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Delete 1041 WOGLA Sundry Form_: means a multipurpose form supplied by the OGED used
provide notice of vat;
on any Oil a ---Gas Location located in tin W Id Mineral Resource (O1 anc Gas) Area. It may
also be refe-r-r-et-o herein as "Sundry Form.`°
1041 WOGLA Zone: means a boundary measuring onetwo thousand (42,000) feet from the
Oil and Gas Location.
Delete Base Fluid.: me
Fracturing.
Li
Add Board of County Commissioners: may also be referred to herein as "SOCC77 or "Board".
Completion: means
the Well is ca
zone after
provisions of plugging are compli
been run. A dry
&AI oil is
s Well shall be considered completed when
lead equip
considere d or si n
whichever is Later operations conducted on a Well(s), subsequent to drilling, that are necessary
to prepare or re -stimulate the Wells) for production. Completion operations include, but are not
limited to, fracture preparation, Hydraulic Fracturing, drill -out and Flowback.
Delete Day_: means calendar day.
Exploration and Production Waste ("E&P Waste'): means those wastes associated 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 production operations that are exempt from regulation under Subtitle C of the
Resource Conservation and Recovery Act (RCRA), 42 USC Sections 6921, et seq. For natural
gas, primary field operations include those production -related activities at or near the wellhead
and at the gas plant (regardless of whether or not the gas plant is at or near the wellhead), but
prior to transport of the natural gas from the gas plant to market.
In addition, uniquely associated wa
has occurred between the we4-h-e
r
7
n addition, wastes uniquely associated
Gathering Line: means a gathering Pipeline or system as defined by the Colorado Public
Utilities Commission, Regulation No. 4, 4 C.C.R. 723-4901, Part 4, (4 C.C.R. 723-4901) or a
Pipeline regulated by the U.S. Department of Transportation Pipeline and Hazardous Materials
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Safety Administration pursuant to 49 C.F.R. Section 195.2 or 192.8. 49 C.F.R. Section 195.2 or
192.8 and 4 C.C.R. 723-4901 in existence as of the date of this regulation and does not include
later amendments. 49 C.F.R. Section 195.2 or 192.8 and 4 C.C.R. 723-4901. Additionally, 49
C.F.R. Section 195.2 or 192.8 may be found at https://www.phmsa.dot.gov , and 4 C.C.R. 723=
4901 may be found at https://www.sos.state.co.us
Delete Hydraulic Fracturing Additive_: means any Chemical substance or combination of
substances, inc nally added to a se Fluid
for purposes -of -preparing Hseatment of a Well.
Add Hydraulic Fracturing: means all stages of the stimulation process of a Well by the
application of Hydraulic Fracturing Fluid under pressure that is expressly designed to initiate or
propagate fractures in a target geologic formation to enhance production of oil and natural gas.
a
Hydraulic Fracturing Fluid: means the fluid, including the applicable Base Fluid and all
Fdraulic Fra-Gt-u -nc _ Ad yes, used to perform Hydraulic Fracturing.
Delete Hydraulic Fracturing.: means all stages of the stimulation process -of -a Well by the
:sly designed to initiate or
es in a targ s ion to enhance production of oil and natural gas.
LACT Rease Automated Custody Transfer='): means the transfer of produced crude oil or
condensate, after processing or treating in the producing operations, from storage vessels or
automated transfer facilities to Pipelines or any other form of transportation.
Local Government: means a county (in this Article V other than Weld County), home rule or
statutory city, town, territorial charter city or city and county, or any special district established
pursuant to the Special District Act, Sections 32-1-101 to 32-11-807 (2013) C.R.S, which is
located within onetwo thousand (42,000) feet from 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.
Minimize Adverse Impacts: means, wherever reasonably practicable, and taking into
consideration cost effectiveness, technical feasibility and the Development Standards set forth in
Division 4 of this Article V, to avoid adverse impacts to public health, safety, environment and
Wildlife Resources, including cumulative impacts where practicable operators shall consolidate
facilities and Pipeline rights -of -way, and minimize the extent and severity of those impacts that
cannot be avoided, mitigate the ��,�� h� s, -e lopmen4 and act1ons a d--d-Hen .-n to Minim e Adverse Impacts cr
See S ctio 5 considering such minimization is reasonably practicable,
takes into consideration cost effectiveness, and is technically feasible.
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Delete Minimize Erosion,: means implementing BMPs that are
conditions and maintained to reduce erosion. Represent
pro not kmtte r,)
•roughening, she
7
as-4da
ctices include,
cable measure&
Delete Mitigation with respect to Wildlife Resources_: means mess
.o -t feasible, c
OGED Director means the Director of the Weld County Oil and Gas Energy Department, or
heir 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 - natur 1-q
products other than natural g Petroleum Products, as those terms ace —defined in Chapter
2 -3 -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 f�f-per
\NOGLA Permit. Oil and Gas Location may also be referred to herein in certain circumstances
synonymously as "Disturbance Area" or "Location."
t
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.
Add 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.
Oily Waste: means those materials containing crude oil, condensates 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."
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Operator Registration: means the process by which a pFerson, 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 oPerson,
company or other entity has operational Wells, Oil and Gas Facilities, -rap Oil and Gas Locations,
or Pipeline — Pep rof eurn Products in Weld County.
Add Overlay Zoning Districts: when used in this Article V, shall have the same meaning as
the definition included in Sec. 23-1-90.
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.
Add Sundry Form: means a multipurpose form supplied by the OGED used by the Operator
to recuest approval of proposed amendments or Provide notice of various operations on any Oil
and 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".
Add Temporary: means a period of six (6) months or less.
Delete Wildcat (Exploratory) Well.:. -means any Wail
of a poc4
Remainder of Section — No change.
Amend Sec. 2t-5-30. Applicability and general rules.
c knawn-protduc4n mi-ts
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 Development Standards set forth in Division
4 of this Article V and provides compatibility with Uses located within enetwo thousand
(4,000) feet of the Oil and Gas Location (including School Facilities and Child Care Centers
within cry -3 -two thousand (42,000) feet of the Oil and Gas Location). The 1041 WOGLA Permit
is designed to protect and promote the health, safety, and welfare of Weld County's citizens,
environment, and wildlife.
B. - No change.
C. No Oil and Gas Facility shall be constructed in any zone district until a 1041 WOGLA Permit
has been granted by a 1041 WOGLA Hearing Officer pursuant to the procedures set forth in
Section 21-5-340 of this Article V or following appeal to the Board of County Commissioners
pursuant to Section 21-5-340.E of this Code. This applies to:
1. and 2. — No change.
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3. Any mMajor changes to an existing Oil and Gas Facility or Oil and Gas Location as
outlined in Section 21-5-360.
D. No 1041 WOGLA Permit or 1041 WOGLA Sundry Form shall be required for:
1. An Oil and Gas Location or Facility for which an application on a Form 2A has been
submitted to the COGCC on or before February 1, 2017. However, if changes are
submitted to the COG
on the originally submitted Form 2A, a 1041 WOGLA Permit or Sundry Form will be
F tre- and this exemption will not apply.
2. thru 4. — No change.
5. Facilities permitted, constructed, operated and maintained pursuant to Chapter 23,
Article II, Divisions 4 and 1 'l of this Code, including, but not limited to, al -1 --Oil and Gas
Support Service, Pipe I ne - aLQa a d -ter- pelin -- rau-m-Pr
-t-u-I Gas Facilities.
However, other permits or agreements may need to be obtained for the activities listed above,
including those permits or agreements listed in Section 21-5-320.GD., as well as any
applicable State or Federal permits.
Add 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.
E. thru G. — No change. Reletter as F. thru H.
MI. The review, consideration and issuance of a 1041 WOGLA Permit is an administrative hearing
process and is exempt from the definition of c -Development set forth in the agreements
contained in Chapter 19 of the Weld County Code. However, oil and gas exploration and
production in Weld County is considered dDevelopment as that term is defined in
Section 24-65.1-102(1), C.R.S. As such, Section 24-65.1-108, C.R.S., is applicable to
permitting of oil and gas development in Weld County.
I. — No change. Reletter as J.
Division 3 - 1041 WOGLA `3'ermit Program for Oil and Gas Exploration and Production in
the Weld Mineral Resource (•11 ;;nd Gas) Area
Amend Sec. 21-5-300. Prohibition on exploration or production of oil and gas within the
Weld Mineral Resource (Oil and Gas) Area without 1041 WOGLA Permit.
A. — No change.
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B. No -local autbori-t i-n u-ding-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) Area
without the Applicant first having obtained a 1041 WOGLA Permit pursuant to these
1041 WOGLA Regulations.
C. — No change.
Amend Sec. 21-5-315. Pre -application meeting and 1041 WOGLA notice.
A. Pre -application meeting. Prior to delivery of the 1041 WOGLA notice, the Applicant shall
request a pre -application meeting with the OGED Director. This meeting car 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
primary 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. - No change.
Delete 2. Notification Zone drawing. Ti purpose o
allkr- tIC,
one tho-usan
n -zone drawing is to identify
raph of
name and address of the owner(s) of any parcel(s) located within
t of the Oil and Gas Location.
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 aid alto -fig -at -live -sites the
Applicant is considering. In the case of an Oil and Gas Location with no Wells, the Well(s)
producing to that Oil and Gas Location shall be identified.
43. Proposed Haul Route map. The purpose of the haul route map is to identify the Applicant's
desired route to and from the preferred Oil and Gas Location. The map shall identify the
proposed haul route, including off -site haul route(s), from the preferred 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.
54. Surface Owner name, address, phone number and date of signed SUA, if available.
Upon submittal of the request, the OGED Director shall be responsible for scheduling the pre -
application meeting. This meeting shall take place within fourteen (14) business days of the
submitted request. Attendees of the pre -application meeting will be the Applicant and the
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OGED Director. Invitations to participate in the pre -application meeting will also be sent to the
COGCC Director, and CPW (if the proposed Oil and Gas Location is within a High Priority
Habitat), and any other entity as determined by the OGED Director. The requirement of the
pre -application meeting may be waived at the discretion of the OGED Director.
At the conclusion of the pre -application meeting, the Applicant shall send 1041 WOGLA notice
to all required notice parties listed in Section 21-5-315.B., below. The notice shall encompass
any agreed upon changes resulting from the pre -application meeting.
B. 1041 WOGLA notice. Within six (6) months of the pre -application meeting Tthe 1041 WOGLA
notice shall be delivered by the Applicant to the following parties:
1. and 2. — No change.
3. Property owner(s) whose property boundaries are located within onetwo thousand
(42,000) feet or less of the Oil and Gas Location (as determined by the Weld County
Assessor's records at the time of notice);
4 The COGCC Director, the CPW, and LCD
5. The CPW regional representative;
tr an
Add 6. The LGD for Local Government(s) whose boundaries are within two thousand (2,000)
feet or less of the Oil and Gas Location; and
7. The principal, senior administrator, or School Governing Body of any School Facility,
Future School Facility, or Child Care Center whose properties or jurisdictional boundaries
are located within onetwo thousand (' 2,000) feet or less of the Oil and Gas Location.
Delivery of the 1041 WOGLA notice shall occur not more than six (6) months, nor less than
thirty (30) days, prior to submitting a 1041 WOGLA Permit application. The thirty (30) day
period may be waived, at the discretion of the OGED Director. The 1041 WOGLA notice letter
shall include the following information:
a. thru f. - No change.
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 photographimagery 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 onetwo thousand (42,000) feet of the
Oil and Gas Location, as determined by the Weld County Assessor's records.
Remainder of Section — No change.
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information shall b
Amend Sec. 21-5-320. Application requirements for 1041 WOGLA Permit.
A 1041 WOGLA Permit application shall be submitted to the OGED Director for processing
and determination of whether the application is complete and in compliance with the requirements
of this Section. The following shall be submitted as a part of the application:
A. Weld County Oil and Gas Location Assessment Application. A 1041 WOGLA Permit
application form shall be submitted to the OGED Director by electronic mail.
Remainder of A. — No change.
S. Attachments. The following shall be attached to the application:
1. thru 3. — No change.
4. Location Drawing. The purpose of the location drawing is to identify all visible
improvements within the 1041 WOGLA Zone. It shall be a scaled drawing with scaled
aerial photographimagery 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. and 6. - No change.
Delete 7. Multi -well plan. '4:the proposed Oil and Gas L
llbore trajectory with bottom -hole locat--i-ons shall be
ra d.
Delete 8. Reclamation plan.
.1
b
industrial. comm
Refence area map --A opogra-p-h4
locaton of the selected Reference A
b. ReferFour ('1)
a: and
!-se, the following
ncs---e-a. ke n during
the growing season of, -vegetation, al direr
shall ,be -identified -by date take -n3-4 ew. Such photographs
malt -be -submitted to OGED an p to twelve (12) months after the gra thn Thy
1041 WOG LA Permit.
9. - No change. Renumber 9. as 7.
Add 8. 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.
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,.•• •'• w. "Y. 'iii.2 �➢�•� y"r•as -1 1�`•'�irre� , "1 .
.tom ple;;• t?j..4'SfhYrtnt'YlK'R'fe !N'.�i iA iii � X:1• '
Suit",. �. is 4 n �.r'M1+,.:S•ir..1.�.. s• . .
Add 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,
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.
GD.Additional Weld County issued permits and agreements.
The following permits and agreements may be required either for the issuance of a 1041
WOGLA Permit, or after approval of a 1041 WOGLA Permit:
1. thru 9. — No change.
Amend the following paragraph after paragraph 9:
Additional information may be required by the OGED Director, resulting from consultation with
Rreferral ,Agencies, and/or the public.
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Amend Sec. 21-5-330. OGED review of 1041 WOGLA Permit application.
The OGED Director shall review the 1041 WOGLA Permit Application to determine if it is
complete. Such review shall occur within seven (7) days of the filing of the Application. Upon
completeness determination, the OGED Director shall:
Add 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.
AB. Prepare legal notice for the hearing to be published
ate
least thirty-seven (37) days prior to the date of hearing. The maile
emotion in the manner set forth in Section
a
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 n-stwo thousand (-2,000) 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 onetwo thousand (12,000) feet or less from the Oil and Gas
Location. Such notification shall be sent e -First -Class Mail by OGED at least thirty-seven (37)
days prior to the date of hearing. The mailed notice shall inform the recipient that he or she
may apply for intervention in the manner set forth in Section 21-5-340.A.1, below.
S
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 onetwo thousand (x.-,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.
Add 4. The Weld County Department of Planning Services.
4. thru 8. — No change. Renumber 4. thru 8. as 5. thru 9.
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910. Any irrigation ditch company with irrigation structures of record that are on, or adjacent
to, the Oil and Gas Locationwithin the 1041 WOGLA Zone.
1011.To any other agencies or individuals to whom OGED Director deems a referral
necessary.
D. and E. — No change.
Add the following paragraph after E:
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.
Amend Sec. 21-5-340. 1041 WOGLA Hearing.
A. 1041 WOGLA Hearing Participation. The Applicant and any person or entity who has been
granted intervention by the Hearing Officer shall have the right to participate formally in the
1041 WOGLA Hearing. The process for seeking intervention is as follows:
1. thru 2. — No change.
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 Hearing Officer as evidence and given such weight as the
Hearing Officer believes is appropriate.
E. Conduct of 1041 WOGLA Hearing.
1. 1041 WOGLA Hearings shall be
nicat presentatton. The
to fully and fairly develop the relevant evidence, safeguard The rights of all parties, and
a-scert h- -sub-stantive rights of the parties based erits of the issue -(s) to be
ecidedrecorded, and a list of attendees shall be kept.
2. - No change.
3. continuance -of a all t be i ho i of necess4-y-by-the
Applicai#- v hearing shall not be continued more than once, unless an unforeseen
circumstance prohibits the hea The Hearing Officer shall control the
evidence taken during the hearing in a manner best suited to fully and fairly develop the
relevant evidence, safeguard the rights of all parties, and ascertain the substantive rights
of the parties based on the merits of the issue(s) to be decided.
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4. 1041 WOGLA Whearings will be docketed to occur on a weekly basis on days to be
determined by the Hearing Officer. Complete Applications whose notice requirements
have been met shall be scheduled for hearing on the next available weekly docket.
C. Decision of the 1041 WOGLA Hearing Officer. Upon the conclusion of the 1041 WOGLA
Hearing, the Hearing Officer shall:
1. — No change.
2. Continue the 1041 WOGLA Permi-hearing if he or she determines that insufficient
evidence exists in the record and additional information is required in order to make a
determination, upon staff recommendation, or at the Applicant's request, or.
3. and 4. - No change.
5. Inform the participants that such decision may be appealed pursuant to the appeal
procedures set forth in Section 21-5-340.E and F, below.
Remainder of Section — No change.
Amend 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. - No change.
B. Enforcement of Development Standards. The enforcement of D -e- o ran- the standards
(referred to herein as "Development Standards") stated in the 1041 WOGLA Permit and/or in
Division 4 of this Article V shall be conducted by the OGED Director in the following manner:
Remainder of Section — No change.
Amend Sec. 21-5-355. Required notification.
A. Notifications to the OGED 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. The notification shall list the condition of approval or Development
PAGE 13
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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 an interest in any crops or
surface improvements that could be affected by such proposed operation. The Operator shall,
,• n om, less th two feet by
two -feet a -tn + e-tton of the lease road and the -public ublic road pravicling access to the Well
oca:ion - iereop, anc L le es:ima:ec c a:e on
common, mak Completion op a at th Well are
concluded. Unless the following is otherwise addressed in the SUA or Memorandum of SUA,
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 meetsatisfies the
notification requirements of both the Road Maintenance Agreement and the Emergency
Action Plan.
2. Drilling and Completions notifications. The Operator is required to provide notice to the
OGED Director for the following:
a. Spud notice - At least 48 hours prior to Spud, the Operator shall provide written notice
of such activity to the OGED Director via the 1041 WOGLA Sundry Form. This
notification s rs 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 Flowlines. This written notification will
meetsatisfies the notification requirements of the Road Maintenance Agreement and the
Emergency Action Plan.
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.
concurrent wil
Site, with -the name of the proposed We
PAGE 14
2021-3063
ORD2021-17
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:
Remainder of B. — No change.
C. 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. - No change.
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 G -otwo thousand (`x-2,000) feet of their Building Unit;
Remainder of Section — No change.
Amend Sec. 21-5-360. Amendments, termination, or failure to commence use.
A. Any amendments to an Oil and Gas Location which modify or expand the Facility or Location
beyond what was originally permitted by Weld County or the COGCC shall be filed with the
OGED via a 1041 WOGLA 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. Maor amendments ma�recuire a new 1041 WOGLA Permit
Application and fee.
B. Major amendments to an existing Oil and Gas Location may require the approval of a new
1041 WOGLA Permit by -or a subsequent hearing before the Hearing Officer. The OGED
Director is responsible for d m+n g whether a mad r a-men4 nt ex-ex-ir hich case a
em/4041 WO-GLA Peru 4 Ap-p ? and processing may be required. "Major amendments"
include, but are not limited to, the following: any surface disturbance at a previously
undisturbed or fully reclaimed site; surface disturbance for purposes of permanently
expanding an existing Oil and Gas Location beyond the originally disturbed area; the addition
of one (1) or more Wells; amendments to a Final Order granted by the Hearing Officer,
increases of equipment which change the character of the Facility or Location, and/or moving
an 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 ec ui oment, 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 Location, and repairs or
PAGE 15
2021-3063
ORD2021-17
("LZ".
maintenance of an Oil and Gas Facility required by a county, state, or federal compliance
order.
C. - No change. Reletter C. as D.
Amend Sep . 21-5-390. 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 — Weld Mineral Resource (Oil and Gas) Area Development Standards
The following Development Standards (referred to herein as "Development Standards") apply
to all Oil and Gas Locations within the Weld Mineral Resource (Oil and Gas) Area having received
approval of a 1041 WOGLA Permit (or an amendment thereto as required by Sec. 21-5-360).
Amend Sec. 21-5-405. Lighting.
As part of the apple i-. to a -1-O41 GLA Permit, an Operator sin -al -Assort !ans for light
mitigation that demonstrates their capability to meet the maximum permissible lighting-Pevels as
.escribed• th ,--Section 21-5-405 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. 21-5-405. The lighting plan shall 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 Habitats, OGED is responsible for
recommending an appropriate Z, to be considered by the OGED Director and/or the Hearing
Officer as pad of the 1041 WOGLA Permit.
A. Lighting Zones (LZ).
Table 405 AA
Recommended Uses or Areas
LZ C nsiderations
Remainder of Table 405 A.1 — No change.
Source: Illuminating Engineering Society, International Dark -Sky Association, Joint IDA-IES
ES
Model Lighting Ordinance (MLO) with User's Guide, June 15, 2011.
PAGE 16
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ORD2021-17
B. Construction Phase base allowance for lighting. The following lighting limits are the standards
for the LZ in which the Oil and Gas Location is situated:
Table 405 B.1 — No change.
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'righting has been erected on an Oil and Gas -Location, the Operator sl l' certify to
the OGEE; Director that the lighting is in alai ( c w4h4he base alowance-s and- : -ndards
is Section and perform an inspecty
impacting nearby Build n nit -t4b-lic rights -of -
Hearing Off
10441 \N G' tal to provide impact mitig-
ai-on agalun
r
GED Director and/or the
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 — No change.
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 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.
PAGE 17
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ORD2021-17
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-B, shall comply with the lighting standards of LZ-2
o-rLZ-0 through LZ-3, depending upon the number of and proximity to Building Units,
DOAAs, and/or High Priority Habitats.
a. — No change.
Delete b. and c., as follows:
-rif permanent aigin-ting is prop -red to be utilized during the Production Phase, the
protor shall ;p -F, - th the applic- - -n- o-be-conside ci-by-the
OED Director
c. Th-e photometric
Tab -Le 405 B.1. In addition, the
BMPs and lighting t cinology to limit _ tn-e
e co; 'fiance with the lig-h-ti-n-g levels outl+r}ed in
ng will utilize
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 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. The plan will demonstrate how the Applicant will utilize BMPs
and lighting technology to limit the amount of light leaving the Location. The plan will
include the following information, along with any other information OGED may request:
a. A site plan showing lighting fixture locations as well as calculation points detailing the
number 0.m 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.
DE. 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. and 2. — No change.
PAGE 18
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ORD2021-17
3. Operators _ wi ROffsite impacts from lighting shall be reduced or mitigated to the greatest
extent practicable using -use BMPs including, but not limited to:
a. — No change.
b. Using cut-off or full cut-off lighting;
c. and d. — No change.
4. Utilization of lighting standards 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.
Amend Sec. 21-5-425. Site Ssecurity and signage.
A. 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.
I. 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 Completion operations at the Well are concluded.
C. Within sixty (60) days after beginning construction of an Oil and Gas Location, 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
operator; a phone number at which the operator can be reached at all times; a phone
number for local emergency services (911 where available); the Oil and Gas Location
name; 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.
PAGE 19
2021-3063
ORD2021-17
1�. s •.�{„r 1k
.. 1f ark} . 'z'�stras, telik� y&‘4.ilat vuka.._.z, _._., .„..:•
3. In lieu of posting a Temporary sign per Sec. 21-5-415.B., the permanent sign may be
installed.
Amend Sec. 21-5-435. Noise.
As part of the application for a 1041 WOGLA Permit, an Operator shall describe tans for
noise mitigation measures that demonstrates their capability to meet the maximum permissible
noise levels as described in this Section 21-5-435.A.
A. Noise Level Standards.
All Oil and Gas Operations will comply with the following maximum permissible noise levels:
Table 435 A.1 — No change.
1. During the Construction Phase or during operations involving Pipeline or Gas Facility
installation or maintenance, use of a Workover rig, or stimulation, Operators must comply
with the following noise levels:
a. For Oil and Gas Locations within the Ag-Rural Planning Area, the OGED Director may
recommend to the Hearing Officer tha-tas depicted on the map in Appendix 21-B,
Operators shall comply with up -to -the maximum permissible noise level for the NL-4
standard o5� Occupancy Building
b. For Oil and Gas Locations within the Near -Urban Planning Area, the OGED Director
c-o-mmenc teas Hearing Officer that 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 . fta4
U -n : k-h-i n the 1-041 WOGLA Zone.
c. The nearing OfficerOGED 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. — No change.
Delete 3. If any Building Units, Hi Priority Habit-a-tcor DOAA are locate -d-
in order to m2
all-er nes, me rb
sensitive receptors.
PAGE 20
e mitigated
standards. Sound emitted from
u4-prnent—hall be directed away from
2021-3063
ORD2021-17
43. Periodic, impulsive or shrill noises will be allowed an additional five (5) db(A) 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 BMPs and equipment maintenance or modifications to limit these
types of noises to the fullest extent possible.
4. 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 Locations 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.
5a. 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
his Section 21-5-435.A, as p-ermitt dallowed within the approved 1041 WOGLA
Permit.
6. A noise impact study by a qualified sound expert may be required for Oil and Gas
Locations within either the Near -Urban or Ag-Rural Planning Area, depending upon the
number of and proximity to BuildincUnits, DOAAs, and/or Hich Priority Habitats.
a. When required by the OGED Director, the Operator will ore pare 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 (500) 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.
67. A baseline ambient noise survey by a qualified sound expert may be required when there
are existing industrial or commercial types of activity within the 1041 WOGLA Zone.
a. thru d. — No change.
Add e. Operators may exceed the noise levels in Table 435 A.1 as measured at the
nearest noise 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.
B. To demonstrate compliance with the standards set forth in Section 21-5-435.A, sound levels
shall be measured according to the following standards:
PAGE 21
2021-3063
ORD2021-17
1. Pursuant to an A -scale complaint:
a. thru d. — No change.
e. In situations where measurement of noise levels at three hundred fifty (350) feet is
unrepresentative or non -attainable due to topography, measurements may be taken
at a more attainable/accessible distance and be extrapolated to a three hundred fifty
(350) foot 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 disfiance)
f. — No change.
2. thru 4. — No change.
5. Sound levels shall be determined by taking the logarithmic average (LASeq) of minute -
by -minute measurements made over a minimum fifteen (15)thirty (30) minute sample
duration. Compliance will be determined by the highest measured LASeq average
calculated and shall be rounded to the nearest whole number.
6. — No change.
C. Cumulative Noise.
1. — No change.
2. If ambient 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
contribution, measured pursuant to Section 21-5-435.B, increases noise above ambient
levels by greater than five (5) db(C) and five (5) db(A) between 7:00 a.m. and 7:00 p.m.,
or three (3)-4b(C) and three (3) d-b;A) between 7:00 p.m. and 7:00 a.m.
3. — No change.
PAGE 22
2021-3063
ORD2021-17
Amend Sec. 21-5-490. Setbacks.
A. General Requirements.
1. At the time of initial drillingconstruction, a Well shall be located not less than two hundred
(200) feet from a surface property line, buildings, the current or future Right -of -Way line of
public roads, major above ground utility lines, or railroads.
2
fine. The Hearing Officer may grant an excable for the Operater to
meet t - --m- n41n- - i-stan ,e- r qt e ent ancia variance from the surface property line
setback a waiver is obtained from the offsetadjacent 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.
34. No portion of the disturbed area of the Oil and Gas Location shall be within the current or
future -Bright-of-\ /way of State, County or Municipal roads, or within recorded easements
of utilities or railroads, unless written documentation allowing such disturbance is included
in the Application.
Remainder of Section — No change.
Amend Sec. 21-5-525. Protection of Wildlife Resources.
A. The OGED Director, utilizing the referral from CPW, shall determine whether conditions of
approval are necessary to Minimize Adverse Impacts from the proposed Oil and Gas
Operations in the identified High Priority Habitat. ForT 3 -his rule, the- er "'gy m
I II I I y p- a ca ble, to:
Delete 1. thru 5.
Avoid advsrse4 pacts from-CU-andG -o `� 'PIdIi urces;
Minim!
3. Mitigate
e-nt-° -rr e-ve-F
4. Take int onsideration-so-st--ef#t
anc.
5. Follow the Oper
Remainder of Section — No change.
0
Ad —verse tl m -p a
� - c a n n okb-e-v oid-Le-E-
- -e nical feasibility rearing actions4 4c -en
ources; and
,on Plan, if one is rem -p suant +„ Qs l 1203 of
PAGE 23
2021-3063
ORD2021-17
Amend Sec. 21-5-535. 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 12031 of the COGCC Rules.
Amend Sec. 21-5-545. Site preparation and stabilization.
A. Soil removal and segregation.
1. — No change.
2. Soil removal and segregation on non-croplandCrop Land. As to all excavation operations
u ndertaken on M non -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.
Remainder of Section — No change.
Amend Sec. 21-5-555. Interim Reclamation.
A. thru C. — No change.
D. Restoration and revegetation. When a Well is completed for production, all disturbed areas
no longer needed will be restored and revegetated as soon as practicable.
1 Revegetation of Crop Lands. All segregated soil horizons removed from Crop Lands shall
be replaced to their original relative positions and contour and shall be tilled adequately to
re-establish a proper seedbed. The area shall be treated if necessary and practicable to
prevent invasion of undesirable species a noxious wWeeds, and to ,minimize
erosion. Any perennial forage crops that were present before disturbance shall be re-
established, if acceptable to the Surface Owner.
2. Revegetation of Nnon-Crop Lands. All segregated soil horizons removed from -anon-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 tilledprepared
adequately to establish a proper seedbed. The disturbed area then shall be reseeded in
the first favorable season following rig demobilization. Reseeding with species consistent
with the adjacent plant community is encouraged. In the absence of an agreement
between the Operator and the affected Surface Owner as to what seed mix should be
u sed, 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
u pon previous advice given by the local soil conservation district in determining the proper
seed mixes to be used in revegetating each type of terrain upon which operations are to
PAGE 24
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ORD2021-17
be conducted. Interim Reclamation of all disturbed ares no longer in use shall be
considered complete when all ground surface disturbing activities at the site have been
completed, and all disturbed areas have been either built on, compacted, covered, paved,
or otherwise stabilized in such a way as to Minimize Erosion to the extent practicable, or
a uniform vegetative cover has been established that reflects pre -disturbance or
Reference Area forbs, shrubs, and grasses with total percent plant cover of at least eighty
percent (30%) of pre -disturbance levels or Reference Areas, excluding . toxic -u-. w9VVeeds.
Re -seeding alone is insufficient.
3. Interim Reclamation-Gmpe ; . 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 6 temporary 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 ,4,,AiVeeds as practicable.
Weed control measures shall be conducted in consultation with the Weld County Weed
Management Specialist. It is the responsibility of the Operator t:•. monitor reclaimed lands
for noxi-our v -Weed infestations. If necessary, the OGED Director may require a Weed
control plan.
A end Sec. 21-5-5601. Final Reclamation.
A. Well Sites, associated Production Facilities, and access roads. Upon the Plugging and
Abandonment of a -Wei -Fail Wells on Location or fina closure of associate() 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 aj-the final Well on Location
or &lai dosure of associated Production Facilities. All access roads to Plugged and
Abandoned Wells and associated Production Facilities shall be closed, graded,
recontoured, and fully reclaimed. Culverts and any .then obstructions that were part of the
access road(s) shall be removed. WOlocations, access rods- nd-a..z oa-c4
1 e eclai-r n sAUU applicable, compaction alleviation, restoration, and revegetation of Well
Sites, associated Production Facilities, and access roads shall be performed to the same
standards as established for interim Reclamation under Section 21-5-555, 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
PAGE 25
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ORD2021-17
local, state, or federal Solid Waste Disposal regulations. In addition, material may be burned
o r 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 after plu:t 'ociated Production
Facilities. The OGED Director may grant an extension where unforeseen circumstances are
e ncountered, but every reasonable effort shall be made to complete Reclamation before the
n ext local growing season. Such request shall be made in writing to the OGED Director via
the 1041 Sundry Form.
S. — No change.
C Final Reclamation of all disturbed areas shall be considered complete when all activities
disturbing the ground have been completed, and all disturbed areas have been either built
u pon, compacted, covered, paved, or otherwise stabilized in such a way as to Minimize
Erosion, or a uniform vegetative cover has been established that reflects pre -disturbance or
Reference Area forbs, shrubs, and grasses with total percent plant cover of at least eighty
percent (80%) of pre -disturbance levels or Reference Areas, excluding noxious wWeeds, or
equivalent permanent, physical erosion reduction methods have been employed. Re -seeding
alone 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 "Weed control plan.
E. Final Reclamation completionrelease. The Operator shall notify the O
1041 WOG- Su r o ithsubmit a request for release via the 1041 WOGLA Sundry
Form upon completion of the requirements outlined 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. 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. thru 3. — No change.
Delete F. Failure to comply with any of these fin -al Recla ac
Section 21-5-37-0 of this Code.
I -C -8-r, pursuant to
Add Sec. 21-5-565. Fees.
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
PAGE 26
2021-3063
ORD2021-17
Appendix. 5-O of the Weld County Code. The OGED Director shall also utilize Appendix 5-D when
assessing fees due to enforcement actions.
Amend Sec. 21-5-570. Variances.
An Operator may seek, _ w f g-&cd-cau-s -s-h-o n7 a variance, due to a hardship to any rule or
regulation found in Chapter 21, Article V of this Code. A variance request shall be submitted in
writing to the OGED Director as part of the 1041 WOGLA Permit Application e -rvia the Sundry
Form. Should an Operator seek variance to an order issued by the 1041 WOGLA Hearing Officer,
the Applicant shall submit their request to the OGED Director via the 1041 WOGLA Sundry Form.
aA subsequent hearing ma-yshall be required for the Hearing Officer to gc-aritconsider 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.
Amend 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
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.
PAGE 27
2021-3063
ORD2021-17
The above and foregoing Ordinance Number 2021-17 was, on motion duly made and
seconded, adopted by the following vote on the 13th day of December, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Steve Moreno, Chair
Weld County Clerk to the Board
Scott K. James, Pro-Tem
BY:
Deputy Clerk to the Board
Perry L. Buck
APPROVED AS TO FORM:
Mike Freeman
County Attorney
Lori Saine
Date of signature:
First Reading:
Publication:
Second Reading:
Publication:
Final Reading:
Publication:
Effective:
November 1, 2021
November 7, 2021, in the Greeley Tribune
November 17, 2021
November 28, 2021, in the Greeley Tribune
December 13, 2021
December 19, 2021, in the Greeley Tribune
December 24, 2021
PAGE 28
2021-3063
ORD2021-17
AMEND APPENDIX 21-B - WELD COUNTY OIL AND GAS
DEPARTMENT AG -RURAL AND NEAR -URBAN PLANNING
AREAS
Weld County Oil and Gas Department Ag-Rural and Near -Urban Planning Areas
r-
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1
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4
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16
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DELETE CURRENT MAP. REPLACE WITH MAP ON NEXT PAGE.
Appendix 21-B
/ o-Ilutiu Ptanolra Area
Neer -Urban Planning A -ea
Near Urban Planning Area
!: urrci pal r?•
1:210,000
0 2.5 5 10 Miles t
I i t I I tzzz
APPENDIX 21-B - WELD COUNTY OIL AND GAS DEPARTMENT AG -RURAL
AND NEAR -URBAN PLANNING AREAS
Weld County Oil and Gas Department Ag-Rural and Near -Urban Planning Areas
SNAS:HIN6TC'N
Weld County Oil and Gas Energy Department
Ag-Rural & Near -Urban Planning Areas
APPENDIX 21-8
Legend
County Boundary
Municipality Limits
Near -Urban Area
Ag-Rural Area
Interstates
US Highway
CO Highways
County Highway
Arterial
- Arterial Not Constructed
Collector
Paved Road
Gravel Road
Rail
DISCLAIMER
This product has been developed solely for Internal use only by Weld County.
The GI5 database,appllcatlons, and data In the product Is subject to constant
change and the accuracy and completeness cannot be and Is not guaranteed.
The designation of lots or parcels or land uses In the database does not Imply
that the lots or parcels were legally created or that the land uses comply with
applicable State or Local law. UNDER NO CIRCUMSTANCE SHALL ANY PART OF
THE PRODUCT BE USED FOR FINAL DESIGN PURPOSES. WELD COUNTY MAKES
NO WARRANTIES OR GUARANTEES, EITHER EXPRESSED OR IMPLIED AS TO THE
COMPLETENESS, ACCURACY, OR CORRECTNESS Or SUCH PRODUCT, NOR
ACCEPTS ANY LIABILITY, ARISING FROM ANY INCORRECT INKOMPLETEOR
MISLEADING INFORMATION CONTAINED THEREIN.
�f 1:210,000
0 2.5 5 1O Miles
I I I 1 I I 1
Created 10/27/2021
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