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Home My WebLink About20201782.tiffCHPTE C E E IT THE 21 A TTE N DAMNED THE WELD, ST TE 'SF COLOR ELD F REPEALING AND REENACTING, WITH AMENDMENTS, ACTT ME`. OF STATE INTEREST, OF THE WELD COUNTY ARD ,F TY ISSIONERS OF THE COUNT HERE S, the Board of County Commissiners 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 cmprehensive 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, THEREF 3''E, BE IT 0 DAINED 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of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. AREAS CHPTE;' 21 ND is ,CTIVITIES OF STATE INTEREST ARTICLE V Guidelines and Regulations for Oil and Gas Exploration and Extraction in the Unincorporated Area of Weld County (Designated as Mineral Resource Area of State Interest) -2 f1 , �1. a u Ly e , , -Rt ! auCm 1 11 -e -r-41 v "� '� 7 n'�j c_.. t- th ., 'a, r o i- � f�lr~ -'P �- `-� � "st' i rr� ,.r� '��' of C On _ J e --- --- Q, p bs fl °. uar Q i w b u d ssrco ' Q bs 1 4 d 9 9 F 9 SJ 6 V`� -k + 3 Fall 2 of -Co -urn .B 9 o m s re �--,� y -d �, w _ ��: t ec4i _ re u -n- �o � p patad—a re a - +Q scid—C awn+ Q � as Q � �e a a� 3 4.,.,s Q Colr -G, as -a mineral resource (oil a 4 -r-ar-,e-a-of-s a -tom -o rc,-( .1. -S-d-G a -s Ai- h rough _ the --a- m. - -n fl - e n i- 2�4€ _ 5'... ``t-2 ationd--is coa 4n-ec-i n -S ticn 21-5 20-0 ®. The re -u ka-t4o .. (ce4eimd40 h&— j --as u `I 0 4- C G -LA P u 1a#i-on-s-e-t-f h in tl s-- rti cte e---a-i-so made e--p-u rs- -a-n 4 Q , e authority -granted _ \ i-e -d �- 4 i-n -t.h s--- Qo-l- ado --Areas- -n-d- AGti-vm �- s s oft - ate I -nacre s -t Act (!WS&! ) 9 S c- -ion .1- _° - 1, sat seq-j -C--- . ; h -C -ara4o _ he a l Go ter- men�.t-hat --Use Enabling -Act, _ Sections 2 ' cm J 4- - seq., C. RTS Qnu- i n — itou-1;- s ti. . Seoti-en-. a, `a 4-04, _ C. . A.; the -Go -unity a n n - n- -- -u i-lc-i n g Cod s4a -te e t f fl -4 P-- PAGE 1 2020-1782 ORD2020-12 R-.- -. ; the -powers and a u a h eciti-e s con- -rF ,o on home r u-1e-eo-E fi 35, C. .Q., auth-o o adopt the Coy;nAS Home t a r-i n a t -an a t -o 'p-m-m-ote t h o h Fth , s a- e t y , s e G- A i-t; , 9 c-► - -i-we if a re of ti pee--of We - -aunty; a rl of-t-au-oc;t -g rants d -t o Local -Governments in !- �-e--3- ; Article 6-0, d =, of the -acne lcicno n ° .x -a -i-n u -ad -:n- - -1- . _ 'Mc pu rpo-s-e-- r e a Qaa% 6 f aV 6 Czuse o -f �Wa/-gu4 t10 n A. _ -gas° d-eveliotp - t in -Weld County; ienl�citi and Fec4paation in Mu -Pe -growth in Weld County; C. -c-au-ra e is -o s -of Ian -d -an -0.4 -0th or natural resources which are i n-- -oan.w -h-t-h o; ;. Thai charactern4-a4a$ bility in Weld _ '°ou- ; D. Cor1 o e soil, w-a..yr gricu guar ri-g-hts; and to encourage the --x 1. a. _ Resource -4Q! and--G--a-&- a ; 4n -Weld Co u nt- rt eGt-a- E o u nt y ; s- ed water and -p -r prep -911-y - e-4rac- ion of o �n-d , ,--with E; e th-e-- . i-nera�1 P r.e tec-th--e`-e n -v i r er4. t orrdri� r--i n \N L.uq-ey ; remote- the- i-c-i . t- a -n -d -=e -c o n -o- e- f - -1 -c- -o r o e-s-i-n Weld C o u -n P- O.d 6ec6 and administer the M irferai-Re� -r.e /��ls�'�-�and G -a j Area i 1 sts9chnn4 Pr as to-pe-- m -it -the exploration an--c-l-exct d,g-as and there . a ainimize w -as j i a a1 s-s-uch exploration ano e t -a # n wouto cause s -► snit---d-a--n- er-to public aea ; c+ ty; e 4 far , e NA:an men t-andi -w i-d fe —'N E c-e-i& -' .+ r tad -''�— dam -age -to arS n-t�y�arlwi of fit_ a�E s a�`ee -i-s- -roes `it h' u'.° exploration an- '-e`er- r act -of -ail -a d sas aA' -tin he-ie. a J!34e--=the ex oration an4- tract!onHet of ,r l gas within the Mineral Re c.e (OW -an•- s) Are -lo -balance th hts-assG-s - w ow-rs-wh- h -•e ti o n of the environment -and i-! ! i e in Wel-d--C safetcy-an-cAtvehf-are _ e Ez t 7 s of Wed -Canty -- 0 Sec (6T F. r o D fi n Y ti h -s off: mT-i n -e -c a4 n add it i•o-4o- 3 e Secti-on n 21-1-90 of this C o4 -the fo ftoyMs i . s sp ei- i-G to -the deli ie ;--os#e tiorn-a-n-d-ca, stauction of major facilities -of a pi. lic utility -s- all be con-s-tru-sokEe have t a r-i-ng-s-s-e-t--fit n l 4-044-- O G LA Permit-m-e-ar, a e l d Oil an -d C pursuant App1ica-≥ -, h person -Assassnortrit 011041 \ALO-GIA1)---p-e e s s• m- n -t. Es -sued a r a 1041- W 1-4- n The App -can ---any be ref -e =F d to _ herein as the "1041 a" Q. a a a e- n .Y' -24 U. S .) gal`!- n s at, -6-12°F at aift) eri c p ressu-re . -Ease flak=means the continuous— p base fluid types such ---a- er, used in a hydraulic fracturing treatment. PAGE 2 2020-1782 ORD2020-12 GO -M o L R -des _ tI number, e r, when -the -F-0, 9 -1 -9h -1-7-00(c4 g-e-st-M-an-a impa-e -a use i e Ad -arse Wild-i- ware -s SPracti, - s p-ractk s41-aI are desgned tic&vanesr-r-e-due Oil and -G -are Operatic is to -al -r, wateir resources, an o s4e-- b- n c eeaa! -suety---n welfare, i n cI ud-i- , the--e-w-w- ro-n- n -e t _ a nd , _ f -o E abta in n g a I - - A P -e o t , rf a n s a Res ide rft-4-` - u i4 n- -- -Pi-it-Haft; ever-y_f , e-- -he use -0) ci u weat of b -64I 9 i n- -- -oorarea-i-n or -every fines ; e-ro-u-and (15,000) square -feet of bLui-i-don - 4eor-a,-r-e- - s {are h ouses-Tat ar-e opera#nanot -Pro- ,-aI- 0o c ai ed-dur1ng-- w --hours-- c/ r zon m-e'n —the--ar- -o r -o-u-sand-- ° , 000 ----feet from a n-kand--G as Loeat-ion- s sure ~-ag t h E I --e s-Lo-cato-n's--d istarte Roe -are a beu-rid-a-r-y-i n -e -v -e - direct i o -n . - e-rn- f ; r --s- -pov d -e to ce-rn -de with tfo m - o -ar or r -cht., a Ioouin- sacks. s mixed with -water ice--cenerete and may _ be--m1-a✓s-u-r ; d-i Cent el d P Managparnent S -amity: means a i4 �� , other 4 an a commercial ant of Ptthi1c ea- nd Environment, _ tat -(-1-) I --e i h -c r" -u sa d- n* e i e-139- by -on- I- )-o ne' —ar o t rrat'G` -GE-a-Eased d b rpri n o r under-a-n-w-at-i-n r ,-ater than -it -Fee -43) years; and (23/-133-Ope-F-ated-- ," --- e 4e- - (3-re"� c ^"wny" r a �'F" r to m ar s oca ,�+, , .yp �� iro_ wr'l.n �- .a!-�� -�9�-� �� E E y 6 7�d � ��vII- 9 , �� '�-.o.' �'6.' E � , oeir-��. r3� A � 0 �e,rE 2 � �'�1 _ p ��- N �'+�s '�! 4f ffi � F , `a,/d �: 7 �-;'1-g' s; o -c -m- let -van- d u i ; a aid --an -e 'Ch s'r-\;s 1 -ems -g e -n N re —f o f n two —(2) r mo = --pr t n --u F-ts-- r a r-e-,mss--o-r-- o m a set -of Co m -y -n-e ` o r o p -mod -mss s . This d i-n-i n -ice c I g e -o ° i d n a4u °--o _ cc uriiiiiRg ct i ve ma ter -is-( NOR M)--relataci storage, d -e o-n-fa-m-i- ti -o -n , t rea-tme-nt or di -epos -al. - e c! ud s a c -ty---4-ha-is-----pem t tad i _ n a'.d' Vd i atl 1 c5e w t h -CQQ C W R 'CsN L . - l =ea- (-): c o-�m � o u -f---i-xtune o f elements or i -own s of c n am _ -or-i-den-ti -- - -s (24:1,147_ -he-a k-abstra ,- , ce oo--r n . i . + s o - a � 2 4.� %a — 77—A aaL . - . r Get—rn -itd-Care-Car t ra i e on &--eucto na6A 4 ), C.R. thra-t-i-s-m-o-pe-rationr-aA-the t i-m -{- i--M-h-e- =0. � \NQ A--Rar- - -nfl.-- u , et c- -i-o n 21-5-320. B., below. _ A- °-Mci--Aare Ce . g T -i k- nc 1. L -e--a--n- -a s s o- -a4e d o u t doer p4- y _ areas -a-d- j ent to or d i r--e-cl' y ' s-th 2.-- f rem _ tin r h a& at ar-a I ba rri ecs , s i' `tea s ---he - -e s or-s-ta-ti-o-r-Fa-ry Feast$ u r (4)4ee4-hi i der a i-n-4 bo a n-da r -y-- - Rb ssif l Ito S 'p pl -. r- -gmen t : r a n s-- e re n n -4-o r at --c ! a s -&°-P e cka _ s b n9 -s u i - - a e---- " i-n tn d e d- --ee- e me-ita l' .L=for-pota bl-e w tar -a lies -b-g- Age -Gel -or -ado Wa er- ', - -i-ty C o nt-ral- -arm- . -s10 , _ Pu r- pan-- o t h --as4c Q4a-nthirds a «--d- -etho- olo -4--aceivAlate-r-Piegulation-s-(-5-G,-CR74G0-20,--34). CO G : y e a _ n s t hre-Ol and--- -s n -s -e -v - a4 -- �� . -.�,..n -e-s-s-n-of4-=4h e Lt -e _ of-G-ot d o Gom e a/- i-sao-s- e r - a blit : me-ans -f- flit -y -whose p r in -a r y--p-u-r-d1-s-po -a l _ .o4f waste--(——s—die—fined—in _ 40 C. Far. -- 4,60)) waste- ro m- aaad-p-rty4rComp-Lt.- : r•; °� e- n s --an -fa! -sh - be c- -ire- comp -I,„ ,d- -ee- - h oug ee I I-had-eq o -e-n --i nto-e ase 'a -n I -g=ram the u a -tee p n d-uc n--i-n4srval -af--4 r the - e du -i-o-n-- -4n- --h-a s -b -e .e- -r u n -.-A - -a s 'e1 i-aal-I-be--co n std-ere-d-oo- i oa i a s- e -of -p -r d—uing-9 : s* rou h-- sitheae -u-i , a ,-n-14ro-mn--t - thrna e pro d- uct io-n string -h-sbee-Fru-n.A-d-rhh PAGE 3 ro U Gi Pg----Z- n fte r the 2020-1782 ORD2020-12 plugging -a -re cord th -se u -these rules. Well or G -as -We ', s-' a1 ----be _ c0c -° g-ered completed ninety (90) days ec-r- - 1:mg-t- a approved —be — r —gym, -Q fr-eeto r, na -e'ensi- e testing .shall be-c-ansidered com-pleted-when-th-e-d-rid-ina-ri-s--re-I-eas a d or s I -en aJ4 - recto, ILtCS r %-t: Go-mprehe4 - ow l-dP-tom;, WhIcheve{=is eans a -plan- re - ,r one (1) ar m - future O i-i-a n d- as -G 9 4ie ns n a do s ned 0 e oghap-1 Pc- a eerwi hin a geologic basin. The -Plan features of the j graphic area, including vegetation, _ Wildlife Resources, a d 9 . t e -r attributes of -the ci b -se a4or's-4-uture Oil and Gas ��' '� � � ' � ��,�+ � • +� ,� � i r^i � � r, n� r� � i � � i rr, � � r<t � fsuch s �. ` � �� ate° _ cr3, � ' � �"" � ape! ations !n-4 ,e rea; ( ;- teat f-,o.nti� Ir -m such op s4, �! : , (d) do lip ag ee - upon measures to vo d, m , a _yf q sEwa fl , _ _po tom➢ ¢ Ial pads; °`� P� e c � � ate--�--h-� �-d-�. e � !� �-� ��.�-�-�-� ��, .�� ----�� . � � �- � ! o o l � �r`�:� of p,ei vant 1-n-for-mation. A Comprehensive Dri ng-Fl p pv b tne nd sin -an be d for a period of six (6) RID -nth -Is unties--exten ex= by th-P-1-CW VVO Lia -car. Cat�,�-� ��, � Y.pp` /�/� r ..�� g� � }'^y� � � � �c`si �rJ� ! J t ��-�-.Y1*� which ; � r� ,t� � P r.•l/a � �y r" ' � y' ��x• P'f ''� ,� � y � L� !" c �,� �� J r - �. e -a ! �. --an-°--lp:-a b e� * a e `�l ice i r Y ate; '--o-u-s-m-atre ri a II I L o r d , =ei n =��i�.�,. d , treated, disposed of, or o _ he-w-ikc han . _ Examples--i dude, bum not Iim e, drums Barrels, totes, carboys; --a! 5 b -a -t- les . -rep irrigated for v -e 4r4&uIt l h6 Day: means calendar day. odu- tiorl Faci -or MH-be situ Unit ns a`n Oil and SGas— e'4 cation upon which an -y Fell o -r ated within, a _ Buffer Zone Setback (1,000 feet), or a Buil ! a ! s �I "�_ � rr) gt High -Occupancy , t ancy i S �� _ ��-� -� ��'cU p � uI d n-�a-�-�-� r4- - u -t ,` i v `-t.ni-n-' `� 'se t o a D O-Adc1/4--e fl s m- asurernent fir-- -. � Mini a� _ y -D s hate Seto o t1 -ten shatnth -hottest distance between -the Oil and --Gas Lo -c -t -n. an- -he nearest edge or corner of cry -i6 -rnit, neardge or .0b ny DOAA. 0oslgrt a. _ 84- ccuancy Build -ft nit, or raa boun °a-Pyy ty ea ("DO/\A'): means 'P r v "9 u, e c (t" i F a ce+ a s��,6,� - n, a s play r o uI n +�.4 pei— mS 6~ .�'; o r� 's F 'd��! •��. y�.i�� ! '-ii' � �+°� 1 e c ��I 'o-skaF � S�13 i�� Sd' °.J1 1s.' ! i �d � a 3 ! ^". tiy' W6 7 za,b E..A 9 9 , � G i •I F t F�'v,a•�� ' +.�' tee./ �! 3 dd� a n-p-huhe ate r, or other similar -p -!-ace of public ass, o- - b -raernmant, which -the Lo al Governmente ,--u sts h- - establish -e< as 2. An -outdoor venue or r-ecrre-a-ti-o n a; a, such as a pla y-gtro u 4--p r an ft sports =i-ei amphitheater, or other si- wn e se . r -e te-i-o-r---eges ro y condition at c hundred an -d fifty (350) feet fro -m -the venue clue to h,e t -ho a ° so-uld be impeded in theevent{--o-f Location lesst 00 I rati on-o-f-th e venue and -the number of mesons known oic=)e-xeersited t -o s i mu lta n e o uy-ac— u p -thy --venue on a r& bas -.2 -1-641 WOG-LA,-Wearincl Officer s h a --d- r to stab -l- -h-a DO, A and if so, thea-p-prop-r-late-b-au-n-d-ia-ies $orye-D-ONAc c on the totaIt-of sir u nt-an , -n or i pst R a Sa- !l ses o nsArt-I- L an- -t e - -d County Oil and Q-a�s--E O -g -g D Direct-o-e-an-sa-Director of the Web County - PAGE 4 aS E e-rg E -D . 2020-1782 ORD2020-12 0 4-Wng- , s; gym- - ris- oe-P its kdar-*-n-g- 1- -14-Eng-o -erati 0 r - 4i n iti a !-C o m pieti o g moo- - - J a , I. Ancillary procedures, suc-i '-o -eta F = i - r c yi ! - a - -- k --i i d i _ Gem � @sui to -Rt -and _ ��--at-e-r a ora--Pits e 2 . C mp1 4-o- -nom P it 4 ; ekEo-- ont- a -n -,f t u id s and s o14Ss--p- -d-�. Ge- a -i n -- n i- L- k eteto- p - e h aP� n- 6 y G n -s- tructed for use in , ri Ht - --o p rats ns . F-iowback fits used p -r c` ores. ?-C° G49 "a,1S de and —so --p-re c d - du ri-n-g r -a-P;-ptet i on 4. R esews' as u s - -s- d a 6 ki operation —s — — to G8- tEH4°- f'o_ge-r`v t dt s .- 'g_c"�-.-1."-14 i� o .'r tiion- -Y f �� wad .�"` ` ti� t""�� '4 , �� rip V�` ,�-�a1J_ ka,.� �'� �� -tea v„� # � # *.�+ d k � �•. g -1 a �`1 k � a i' � �r`� k -Y u ..�'-G-"'�'J�� a r a,,: . Ep gyration-- AS- a ction g as t E P Waste'):means those wastes -associated with r ,.- a d O4eC ' E or �a m 4h'-ec- ' s -r g a pt e f `g'mu-S- o r to a e mev e-im- arities e from such s u'-!rh are u u -S -a'.. se i te— it'h m.-- i! and -gas e x pl 6 tion, de-val-e-prwe.-Pet,or prod-u-cUon operations -h-a -are--exe-m p.,. n- `- - 4D# -- - he e - o L _c' ---Qoin ° a-� i` a a - and1-R overy Art (R-C-PA)--42-USC Sections i o n s 6 6• t t n 1f --Y G- ��'� ur i aq. ncl - -- -p -o u-Gn -- r e a .d. _ ckvite- a r -n -e a -r '� d -e w � , �c.-3'-`u B 9 a �'�--`� a °a> I ��e—�9`�i'#a `+.d 1 9 � � 3 � e *sc ti+�s' ! '�.' �-� �u �"„k 47 !�� k &J�4. i !' `a.yi� 9-# ane [ant ,�,,�e p� r o per, ,�?� �{ i*k e �' n �l a- (- P �.✓ [-P'�° ° a lie o 5u - ✓" r,4 �/'� 4. ° rai oa�� `✓`F 's"D_ 6 t" u^- '1 P esx._ PF'" rn�fi +F"� - gat-fih,� -pA-a d .�� --files . - -r # h e 4h r o F ---- -o -�� as-p4a -: t--er--;--!# e i # e— i-i -� ;� : ;�� • P_ i �. f ,D '- X_..'S-f� - - u .�,,�-r�l �_1� •� 7I- S. -ti Y e e �� an t+ '; v, t`b� i' t o '9 e 2 i h a e dot �! a 6 Y e flti . a _d i-t @ 0 n , u- -q u y € efi- at e -1 ast e, p a� �{ 4r e ,,gin. c _a, . - -_ s t, i a+ m a� o g 't h � �s �# a a C� � � L�.,s� � 6,. � d"��-.F-�.,.+�-s s i ��!�� # �;. 6a � e s - �-- plant -Lc„, Pipelines -are ` . tes -ev-e n if a - a _ i e 1 .ss s. u R l -g'-, �w s -has occ'6.,a-rre�-et�° s°'-en-the-vR3 hsri ad ai04tfa-g-p�,.�.--n t . I n a-Sn , w -as --6 e E -ysd ted q a pradie s r cove +r -r a t u a ga o ;- de -p ro n s' r r e 4 a rE�D— ste Field: 13.G . u de` lao-r- a p pre a r s7 -4 o be -141=1 -de 4ai by a t one s H--i-n- - d 4 -e --u e r r u nd _ r- - P-i-r- r ---r- se -r ai rs oil -or -gas -of bath. The wards 9 , F. Id -La d °' - " r e sa sane fn o n-i-i (4)-ung-re -` ---ors s ew- r -- ny-e i a --h _ oweArte-r, 4 s F i e� kd u ni s--" rt al, p p may -relate to two or mo-re--p o l-s'- Firranc1aJ 4S s W r-- 9 se rne- a- s a ---s re- ba, c a s-R--Ge 1, Gr J i t stn- i -fn-d ,� ssrow o -c -tsn � �li n on p roo p e s e ., -4t anstrum-ant-or-me-to r-0- n4--acce pta b! e • r. The 4 r- -nnod p -a e- e-Rer-akh-a 'i-i i-n5 r- n . R +I, S..H ea •v^ an and d are a -s u v cre pi I p e 'ng a- sd -r�,"fir s u 4 -ofa _ loud , of I -a _ n -d a vwh E- ' dW a t e r-w.k fl- A - - ' -s- i4 Pn p - a eve s e rf o o . Tihe af to -rest, _ guarantee, or ether rm-a pped-F--!'o-e -p•i--a=@45 are -shown on F E SA' S DD 4 �, A ! M, a B ��}'= ar Mo-w -c; m e a on-�s-as-egn-t--of _ i i -= ran c`e r-i-nn _ g . --maps. asfir--c F# cis -n -s ate /0 r w 6 b-e-tween f- Tr a _ sp d �t-i-'n ra a -r o --M- to i^ s SafetyAden i-n-is a- n -o r Colorado ram u- lic i✓� } i i -re ialated--a W 1: i gig -hi -n or a s gm-- - r$- i-p t o -rr a g- B tithe ed- t r eteen-a-- -ie-i-;n -e-pJointof a -90 i!, dischar-ge, does -not n- -1-6 -a-G 6-h en ri g b i n e . T#i-e-v=eer-e 93e5-' of -Re l -['noes are: . 3A/ re -a -el Line A-- ! 0w l -I -Re- - t ran -,mss- e' a -p c d uction4k -frea m . _ rrQ-n i-o - - -s- l to- ces 0 eq-u-Orrient Qi. . , s paratcr, pro-d-uc--t-i-0-n- eparat , e .. -e ; nn-'l.�r a ii-n-rg'� - preconclitioning-eciii -ent k 'Cmah-a'S �' n4 —t - - f l a Relaters, _ which -do. n -at _ materially -reduce 1-4 n e press -are . PAGE 5 2020-1782 ORD2020-12 2 production Piping: A —sag �-nt of pi t ,a= -t- _ .mss Well pro -du -c onf1-6As from a wellhead line or prod- an--eg y m e rat to a -G atn e-ri n me or storage e s s a c-n-G!-u4es the followin a. _ Production Line: A-FIoM1ne conneo -n a, pator toad- et-eiHLIA, Galh-e4ng guar -r ,��r L\ I �a��° -n,' ° h' jean-, sf-ecs -p r oo du - ter, cr-uc: —o.�. c n" en s -to --a at thFlowline's- au et; Manifold -Piping: A Flow i- e-th-at-transfer equipment from -tines th-a-t-h-a-ve oeen joined -t -perates at or near a4-- os-phi-c pressure --piece of Production F -a -c r 434e_iqu's; and - d. Process Piping: All other piping that is integral to o-i-l--any xp o -ration and den relate o-aindi-d-u+ i piece or a se O pi- f .e- 3 Off -Location tra -n produced fluids rude oil, natu as con -d -ens -at , r produced r) -am an Oil and s4 -ti o a Production F-a-ctl-+ty, njectio-n-fa -rge at is not -op ce same -k d as Le -cation. -7/44s -d-e- -n- i-o n a l s -o i nc l u d o c--F-l-o i-i-n e s c • as m pre s s o r -s or gas -pant —s- . N . Peripheral' P�� =� i-r --tai-s r-- n s a=e dui°sm-- .. h- s --f -e l -gas gas,—liftg-as, or power fluids betig ;ea ro- a 1--g-a aef i o� e se -°tee. 5. Produced -Water produced water for treatment, perat--n e, dim a--, am -Feel , i...,--Cts-lon-or P ` tre ,wa4er is net a Flowline. means a Sa. Gas Laca on used -t` r -n .r re -us -Pt —for -i--- - d Gas Fu�--his not yet built, but -that the School or School G vern-i- ody _ plans to build ana o for st► dents and -staff with -in -ti, date the -School or School _ Governing -Body receives -a 1041 WOW, Per mt notic e #o n-- 4 -320 B . belo w. . To be -co- &-i de red-a--F-o be -s -at i sf i d 1. Far - %r' n --h2 er SGh�s 2 e pursuant e-$4o^a ek-A i-ng requirements choc-! Governing y rn t -, ing, and -location of t -h Ruture Scher& in writing; or o , t e --c--hoof must ,awe been approved by-the-aoGria-te d-i-s4r -ct or the Statehe rte -r re -e-. a 0 1 School inG1 A Permit notice -pi fig -SS n. -u- , or c4 --05— R.S., _ at -the time it o Section -2-1-5-320 B., below, a -n -d- l f- i rm the nature, ti rn-: , a n Rai -ion of the F u -r oh-oo-l. For---priate,` Sc h o o l s, the : o-PG-o-ve r n i n g Body -mu e-r-eg istered v t Q- c s of the Colorado -S cretaRi of Staff -e at the--ti-me it receives a---041 WOGLA Perm -it- o ce u-rsuardo ect on 21 20 B., below, must _ pcde docuentation-pr i-n-, _ s the- , _ e t , e Colorado Se-'�a�; --Ofi e. C71- . ---at- s , and i ti ed--L--and--s-e-pl n S to -the - e4 n -L f ! ve ment-b -ill d i ng and p an n-i n PAGE 6 2020-1782 ORD2020-12 r for transport as --after production - point where the gas -tea-s -torage Well: III —for t-� , ,A, +� waI, production, observation, or monitoring of natural gas sforsd in underground formations. The fact thatany such or the product -tors of native gas or the e-nhanced recovery of _ native t -affect its status-as--a-Gas-Storage Well. Ga-sr_we/I: means a Well, the ri-n-os-pai _ production of which at the mouth of the4Aletl is gas, as d-d-by4h-e Colorado 0i -n -d -Gas ors- r- a41on ^t ("the Act"). Gathering Line: means a gathering Pipelin Utilities Commiss.on, Regulation No. 4, lC— Pipeline regulated by the U.S. Depart . 723-1901) or a zardous Materials 1-9-2.8 and 4 C.C.R as of the date R. Section ' 95.2 or 192.8 and 4 C.C.R. 723-4901. Additionally, 49 92 8 mom„be found at https://www.phmsa.dot.gov, and 4 C.C.R. F+roc //,nnanA- a -'c o. us. e.FanS- ling--Fa-c-ili -as Care Institutions as---d-e-fi-n-ed in Semen 12-1 defined -in Section 17 1-102 serves fifty (50) or more-pecsons; or cans of including any Chemicals and Proppants, that r+ orally ad of preparing a hydraulic fracturing fluid for treatment of a Well. Hydraulic Fracturing Fluid: mean Hospital, Life tU-on-aai-Facility as sti`� uitii-G-§gin regularly ration of substances, of hydraulic fracturing fluid under py r -t e-,�n-1 a e ratio-n-to-onha 1 a-'--a-g-e-s of the treatment of a Well by the application LACT ("Lease Automated Custody Tra condensate, after" pr r 'I nd natu- ,r --gas. means the transfer of produced -crude oi-1 ng _ in the prducing operations, vasse1-s---or a ut-orn-a l-tr-a-nster facilities -to -P -p H-ne -arr - ve-r- orm- rya nsportation . -L-an d A p pl is a ti rn a, s t tee. ----d4 4 c -a 1 me4h—ockb-y- which E&P P Waste is s -f Fsa-d--u .Y n-o_r sometimes mixed into soil Le d -T treated to result in a reductio PAGE 7 Taste is applied 2020-1782 ORD2020-12 Mitigation Area and on -which: 1. _ forage cao fo-c-produced hydrocarbons .� . Local Government: ent: means a county (in this Article \ statutory city, town terra+ l charter city nor city and cc pursuant to the Special District Act, Sections 32-1-101 to 32-11-807 (2013) C.R.S. eld County), home rule -or ticks rules. 11/ fl f'111 Mineral Owner mea s the person who has the right to drill in t-o--approp4ate the oil or gas pro and others, inc Minimize Adver` -effectiveness, technica Section 21-5-320 E. and Division 4 of this Article V, to avoid adv nei or such b ne- r -others or for such Owner pable of producing oil or gas, or both. f 7 and severity of those impacts that cannot be avoided, mitigat rn Oil and Gas Operations. Minimize Erosion: means implementing BMPs that are selected based on site specific conditions and maintained to reduce erosion. Representative erosion control practices include, !s. L rface iI the extent Mitigation with respect to Wildlife Resources: means me u��+ham+, in ins+ Ath-e-Fe e alternative siting is not fea i�I�, ��m�Q�sa e for adverse impacts to such resources, including, as appropriate, habitat-enhancemen;gation, off -site habitat mitig-ation, or Wastes generated fro various bottom -hole locations. Environment -0 Code. 7 for no more than three (3) years. _ d from which mi �If 1/1/olls odd to -tern (MS4): means an area defined -b3 the -Federal 7 Oil and Gas Facility: II I II I Oil and Gas Location for the expl I I, nt, or processing of cruce oil, condensate, E&P Waste -,--or gas; excluding Pipethe - natural gas and Pipeline - petroleum PAGE 8 2020-1782 ORD2020-12 pro - othe- than-ri- --u c al -gas , as these term— _ a r de- ,- en-C. ° 4 sr 23 of -Voris 'C o - --n- other -Pip h-g-i- s n -F ! o ! I n e use -o-4-n-a-lt e-d-at9- I --G s FSC i i i t y. -m-e-r -s-aa-a-r--w-h-- e -a -o --Q- ra h a s b d or intends q-- k st-r-b h -e land- ui4a ce to - locate _ an -CM k- , d - s- - tit-y-for the ucp-eo - � ,r1:241 O -p ,m -#o - roans ea ati-on r -and- xtraon of os a i to, CoQ d -o - i � c- pe do � e-- -r-i-P-in of test bores; &tape, Y emoo m-ipt-o=ff-i-n-0, reworking, o- a-ba n4&rY-4i'ng_ - 6° - "H; producing ape -rations _ r-t-dt----o_an-y t-h•e- n- a in -g, t ,-ro-sp-e-m- --- t w r - - . ; -o- --d-i- cos- - production w�� - ' �` r� °- r = �? ° ie- � - �0 , - - ��. -- -`444A ° Lie as -s -o-01. wig such -ice - O--Welk-m ears a -� & , the- ri o !--prod not o -n-- f -n dp- s -e-m o u t - - re - e ;s -aa1 defined -19-1 ae- ct. Operator: me -a n -an -p o s o n --w - - the-righd- o-,, - -tr '. h - - ems- -a n-� � pevatio s. An Operator may be--an—A and. t ar ref -�- 4 eretn as the --1-Q41 WO-i-;A-P o r; m Ott o c. °° Pipeline , for-t-h4s- -r e V. _ m&ans a Flowline, crude oil —transfer —line or a h -agin- D d �- o e -.�� e I n. c Pit: aans -aany n r i- r -ma-.nam o d e d e -rev s s i o n in -the _ gr u u 5 6 `4 a 'il--o r gas e- x p't- . -rat I o.S Yn O,r- -d-U t• IOf- gip seS. Pi 4- s -n- `Hs 'l ' � Y F n-rre e or other - �/! �.+ , Y �� °'a,.. ?,.� vo.'�-�,d , 'ld � tl i �7 4.+*�ti..r other Y sucround- -ci--i-is Pkt�' �� $ � � psi means n s t p mfan ; g- o a:- / --the mo r i °'s e";? -r7-' ,..d d e ""�- � � v a I u"� 9' 9 •� ti �,..r r �,; �' '_\v w a -�-�-3 � �` 1 �,.�• ti a , � �r a �+ � �� '- s X41Ai.r5-'-� x eE “r -u '_Y...1.od ` t i `«fir-! tl 8 ac-i ! rcd , the abarld o 1 C m en6 o f I t -s-- R -''0..9w ln Rea' s and 1- t h e- eai tioA -a4R4 Paint —of '& d- t s V �r ti Y e 4 orb 3 o— r`l `i�i�s YN a�ti t 9 Y - d Y — i7'i7 h I i— 6 y� U Y i �i i Y �✓ -i-t f 9�, t Ld-- -r-d--e-st- -i -h- d u 1• r ant 3r- -ro u wa-ter , S -i-o 3-1-1 . , u-�-e--- c- -e-ed o il m e -a- s- -a gn-ad'•o or- ran---i--u-oe-d- o- -a--i -a i-o-n---or-et h e r degradation -cif h i s tc ; b i o I o gi e s! , o r -c -i -o, ' nit s o- ai-r, water, oil , re -sou -r- . Production Facility: y: m an-�n-y-st-o-r-age, s aic -i d, treati' o'4 K, - -' u _ pm e r-tes y --a` oc t d Pro p +a- -m-n- --„-- a r --an -- -u- a9 -or- € . - -dam: to rIa I that is u -se-din-a-e 'd-rau-1-6 • f ' �� ri-r e tr-ne i4o--pre c--rete-d-o - -a-n ced era-ot-u.,--e-& o -r . he -treatment is o-farm-pte# Pubfie-Waterer Sy -stem: means--= t -0s -s g- emishown andfas V-- to e CC- -u-Fes . T h e -s s -s tern s p're ide4e-' he -p bi c a -r a r-- -u- n- -e -s- u-mpt n- h m es -oth•d . eo nstruet-c-e-vey an oe s , i -- -u s yS - ---h-aaPie-a We -a -fifteen ( e )-seMee-co-n-necthan-s Of _ rep d- _y s e. . n -a vec-age o- - 4 -st twenty-five (26)4nd4vidiaa out -of the _ y a -r . Such d e- i n i- i-o g----i- clud-es : . -y-oo U -c -n-tratm t, -st: i-a- e , -- r - -s ' uuti-o-nfa c i- i e -s- e -r --con ro4-49- he ert o r of -sue -h-. - r Y - -FrE� r i - - �. �µ te P--' - - ' s s -bee p PAGE 9 2020-1782 ORD2020-12 2 . a .z coil ecti 0 -n -o r pre4-re-a 4 i-n connect -ion -with such stem. a er such control, i ire used re -dew; -ion of "Public-a4ar-3yst " does not include any "speci-at irrigation district," as de-fi-ne 4n Colorado--yamri y Drint Re-gulations R clamaticn.:: mean -am: _ proc, raturning or recto � -g t4 e surface ef-d-i-s-tbed l -a -S -a -s pearly as practicable -tea _ oo on-- o 1 - tm e t of O-i-l-a nd Gan O pe a4 s or to undo=iro `°i ns. i eoi ation may -,in ri o i a as _ s 21 5-555 • n -othis A 4 c"e4'. Reference Area: means a -n -arc a--e-i -► e ) on a po41-o-n of t ,-npt He disturbed by O-1-l--and-was-- -parations, if that s -s th-e desi- ed i n- -!-Reci a n -o H or (2) a n r -to- a: i o n that _ i un-d-i-starbed b o erata-ons and -roxo -n-ci si-mi-i a proposed Q-- na Jars Loci ot r s o1 vas tatk) 7 o 'bJi i f •and- - na i ge}m ei -t, o mod- s- =� - �° c -- es- -o Di i � c tad and the pera `. r 7 o infor-afto9 { l oar _ RS a- -ation sta-n arc -s - and inton d-. r eftyea desired Release: me a-ns-aw n -au' h- 4 z e d a- -c h- r Kim process of reduc. eon —tam —PP -r sol' _ to the ex nt-n-acessa ley_is in 9ppend &.1-! a nth ad 4 mod' 6.'' ed I Br' 3!_.._�f Rik men.- ' ..e s i 6 8 Ir0 4 he o e -v:#an of a conta - a � ensure compliance with the concentration -oa-nd water s I . ate ns. Re,c Pit' -n e n -s -t hc se Pits u s 4o- t r ra r i I 1 i Rrr r ..0417 -d -s -f o r u s e contain E&P Waste generated -during dr l-ing-9ne+-ton , -i Pion -or to ion r - 4 es - Re -s/ ent I B - n Unit: means a build o -r structure d sii-g nr d -f o use a& -a- -° c of resod ocy 3/--a et-, -a-fa -4-1y, or f ami14es. The term inclu�s =n- -� ,-re 3 i!e;-- �-nc'ky d- h�o -es, . *ce o- e _ extent tha�� as R� anufactur ', r1 modus a e is c d for-t-4empar-ar - ai y or for au -sine -es purposes. Responsible Party: means an owne-r-or a -pa `-o-r who conducts an oil ands o-peration in a manner which -is —;—n co -a--a i-on of any therhap, ion of eAct, ar of any rule, � f -the Qommis - o n, or of a an„i4 ! _ veIrs e y —per -m �t -t h a• a L t o Y F0 C, Yl 47 L.%1 I e J , i h 5 any pes -n-w-he a',° es s of --arts cal re--e- -tt�,�� /may �/. ,yq p p J �(g � �� 4 Q to threaten ii .�, � y'� � 1� _ � t I s� y 0 r� �' � r' (� + ��ii""9 6 6 6 tl I Ea��: i t o cause, or �s' a fl y c CA. Ca-a't. +, -sug e 6 h`'t b. an—y--a——a—ter, sollm,or biologica-i raoukr e. Restricte-d e 0c& 1-,, h -a -t - s o s -To ,gin i-n-Apio-e-ndiyALW to the COGCC Rules. Any change to Res ;st a -r ace24- cc- n l -1 nog•. affect -4941 \ VOGG A I nrinr toI e-lec 1v date y ch n coid Rh r : means -the co ponen drool: means pear r rn belo -- ra4 e to above 9 ad . f c �-- -o; as —defined -e- •R.. &narterSted _ a -define-d--i .e - ), C.R.S., or Se -o i--o- -K 0.5 oar--ri-v-Schoo-1 as defined -n- ection 22--30.5-103(0 m- ana-a d a h- a - � 8 e-iher s s c-rete4a-Gi-h or ra c a, or outdoor, as oc i-at _ dd u -s oo rn m onty-as- a afe --t u mm c ul - act i -e= s. t c--ent-t-a--or ow -Pre -el -by the -School or School Governing Bod , a n-d-th-e- PAGE 10 2020-1782 OR®2020-12 .R . When-th Pre e l e a Sc iI U U cU 11 s _ u J re -Ss ou S or -the -4 Simi -Ste -1p ding re mean -6414' Sc p4vek Bch = II acs--ej wait n -e — actinte no ;i nifU"'u�v-ic�:f u u � a sa-ari-s-arn--a-r-e-a-kit Re -Salle 0 , due to ta mJm u 14 : t n ° l -o' pe Q- pe n1a1--o -Ph n' -ream cs# asst d _ fors —tic —use veit 5 in a areaa-Witni-R-04- 3 JF-044-M-11- -®-G-FeI-Pi@iN to F-Qo ,' - -© - `P -Q'a*-P D -r e 4r a such -as -the warta-r--4 rc r 5� press f' C to use th sho �,8 : ern4 ti ue r u1f U u� u e of sh ets wv A-PAtt eradoe area ad h n one='&g rsup - qs t '1-'in- �u Land --G °--L � rpS e— mac Grp 10-4-c spasir ar e --n -P vc r n. evrapdater or `u u e if a 2r-H1w }ter, tF -- -of ko a r n v ooh II Jet Fin -at -ion o f kr1(�L4�J t o ms+ A r 0 1 -aftl \J U I }-a 7 ale subject -4 S -w - ad --gym cineyvAlets-,--eiH lirrterwa Lr gro n �1�1 � � �, F'r �� f"rte r`1l r- --i`ee-� -a, e u& --alp- 'a pre elate eP,-ata4 ••r4 c Q to c. pathY/ {y_e�- ar co -v"- 9 Hy - a s v -C-b-a-So s co ger-a ill J6-�G�'J 4-h Fr u (neo1eg1G_OJ-Ja4a ea - n a, . water -n -surface, ce ��n'� � n _ '' J --- "' a s t -R -at _ der .kale an -el f ! tbJa a1 an 'b/ _ anal s/ aJ V 6-484e Q at -O -J -n- 4ve- 2 -RA ca rse env-i-res 4n- lac -24A, \ I' Sens#Fv�� SG -4%6'd U - e vnAc `- r a -c u.rte i-y s-th-a1-1-4n o rapt pate mea r it i -'a u act ari d Afe-Habitfl Rd - j --c e_ -P --- G -C T SC W c h san-4.-D=d--- sr--cls i _ ca -10 Jac St �� Rftl n GaflJ1 flat j y--ce5 i -s - r r; e ' VU 1 e, u nir"L �J"e-4Jl4l9 e-- �rf' p a-waa e �" re C a 5�i u i�J�i�1 - �} wat V �71�U p-ely Par -die and ed`MZ a ie rJ�'i l ; lln` IUckn€ SO: 4 ; h-gru Q! R -g p m :-p t rsfr aa—e-,, i-e-t -�n�-niecea1—eperati-ons, er Go M4"iR-u F4 61 tie e :- a -G A 4 �' �✓1's`�'c�1�•g —i R -G uA- ,a -R- Ca u �r� r �` Q vee-ra i kap t € A-- sevv eye , u irif ids;__1v'c os esyer Cad° ar-dissollyeel asuoirtr 5 -r"`r-tri„ e`' v d not- -co &urn �, �� ►s � � 1--s f ci-114 e -4 a control in TFR 2' , Aff1, . . S . , (o (Gr ud 9 _ scra fipUrapa ilia i ' a ets- fU-1f-I(-lean `h o it a e y r aliment -u PAGE 11 f Act-its-u-nekcar-frche-pre-vAs 131 -2 -91f -the S -o- * s ---h - 1 -e -d --a- a ui s P -F01411-640-RS-9-114-84-04 5€ _ being _ reGycireci torn, _ pcos kRa-1-• sa4 2020-1782 OR02020-12 &,9 —el —a-- Purpose Pits: m n Pit- ed i k --and--- qs- pera n s , n o L @ y� - —4-, re - water Flowl-ines-ar associated wi-tn _-P-` p_ste - - .� ; o Aifr. 7 Facesstior _ - -e---f-a c a t1es, cGn ute 1. Bi- d -own Pit Wised twollect materiai 'Esau —II —zing from, i :+fitg _ but not rpri-ted-- o, the of Welts, vese r-FIowliras, o- a Imo---Q---a T, m e 2. e mss. F r .- - , el -e* .- CA t G jai— - : . Fames n- y Pa -used -to con- -i-n---1 u _ i al ri ng an i n itia i- -a-s —of-ern-n-Gy response oc erati s-- e i-ro c o -a pi e-iea-s o E-p-ro ceps 1, pset co- �� '� u ct� to t -ms-, �-a3'- ire: >-r-o 0- a - e -P . rude-, c4wh -h -setts ; o z! - o n or oduct o n ee-- x ioh --co n-ta i -i-d-u-a I 5. Work -over Pits -use -id -to a d ' &r! to in -Grease Plus Spilt means an u- horize so14-a-nd inclu arty, action . T 2" . • pc i r 9 8 6 ce o r e7 'ist a k- -soh a r e of E& ��r �J stet o -t or oT � L a r- n -d anti 3 ,;p'�y-rte _ es ironniorsEanL- tei at percolate E -to fio-onto E�qd off an 0-; and. -Gas Loc,atieriocor Oil and G - fine nom.-h-a$er 8 of th -4 e. -S - #fth --W Asa n� -- led f Ely -AN -efts d ri-H _ -d n a delineated Field —to —known —pa — e horizons & Pal not be classified as_ s4r t- raa o-i-�.." i then the t, „ " tratigraph--i--c--Well" seal dude se4sm1c holes &Hied for obtaining. ri '�3' 1 �✓ �' Ri r¢- ' 1 G Esa B J �'�''�' 1 5 �Ii 'a�1 9 a' 5":f' j - -t ns a conducted, as _ shown 4, .he tax -records - f the -county in which the tract of :a-nd is ed, or any- °pePsa fieh,- -uch j ig- rs-under a recorded contract to parch e. A�a� I Ic*��s� ("SiI©;'1L� r9 A rra ��°<rr9 ��$, s, �+y �+ ��r' Y 4a- K �� ee-m e n t S i.�. -7- i�-Y-i -Y.,1 7-+�3!` 0 � .'v E u e +r i ns { tl i-`� ti+..y-€ a c o n t r a `� e- o farm--of-,l ocu ent bin- -n g--o-n-th--O- to -r, c• ..r d i ng any °ec, 074g:9 -agreement, _ waiver, cca l G-o:iebsrnment. approve rperrnit, o -rot er form-- f -a rEamr it, which ge-vms FH Wiper -a -tors Gas _ Location. 5N-atth& - ace @t -e -r -n- -1 m arks or struct re -s at the head -a --a bed „Liar SJ trifTh re rtMo! anL. ough which Sd/or so ,, ‘,. ., i-ver or lake) into -u rfica-Ge-1a-te,r-SLppp-y4 r- . t e an a C l ra-s wed Water -Su -pi -e- -r n t s-- i i-n L (5) stream a ;`n- --1- 9 o a -,- 'AlateE-Intake _ on a C! a s s i f i s at r- a 'p' ! y egmen t. Surface Water Su r y e a s shame i-d-e -W 4ecJ-o hhe Public Water-SA/stem u�- Wa - ° p p -area -Tank: means a srt-a-tionap pi 4 at provides stru-our ` . �, , 4''' '�:: C ! CA ` p� T� J Material -e-1- _ ,tom n y' , ,+ ,•�, ' "es l l 1 ! Tee bs�rii � ! a€ ib .r i i ke,non V_"e a r u, sts '"!a 7 nd is -de -geed and opera s-te-a - ; . - -114ai-mods or , F Wa e . Era l e r n o -g -b t are ! � it d —to oo a Aden e C a-nk J; -crude o i- 1— _ a -n -k pre Lef—owater-Tan !cs� ; aS gs - arr s —E x& u s- nsfigi-ol- de fli-i' i"e-r s rlini,` r roc ss-v A el -mss` -suclA a -s s e p -,a c rs , eir--tr- ,". rs-- -- - �f `� -� �� ' r - r s . PAGE 12 2020-1782 ORD2020-12 Y>tan-Miti ation#Vrea ("UMA '9 means an _ araa-where: (A) -At least -twenty-two -o r on -e-( 1) H-.i-g „Qcu y-Ru ingexisting- or under Co -n uot-o)-a-r-e-O th . --iin a--ursan d--(1, 000 } f o o t radius el -the -arc po sy- u -l-di -gig--U-n-its-o-.-one (1) High — cup —a — --g _ B 3 l-i a n- -(existing -u _ o r cons uo -a te i ocate,d-wi-t-h-i-n any semi —circle of the - - h o -u s a n d (1, 000)-faot radi-us men4f0 ne m-su . n (A) - 41 -se: -e a n -s---any ;e u9 ao se--o--w iG - s- uctu e -n.d- = .: G i - d , arawed -9-n -a - -e d , m -• ; l- - -44 -- o — pied; al -s9, -any -ac t y , -es-u = -1 ,bus-ifie s -GE p a - -whIe h is C 3 meld— -n—e pf —e@ r ' S't- -e 5 -t -u or u n--,a—� r L� S_' -9 -Fro, e 7. -Waters-- - - -S.: c can -s- a cs-pursue-nt to- SS I- Say Pa-� aleaFFr � Welt— Act. e/ wl - -uHs '- G l in th vs uFati o _ n s, means -n-o-i-l-lo-r-G- s- e 1; � - do Ii i I l d r ti - t ups of-�p- -d-u- in g o U o- - � _ W .4 -4 ---into --hoe f l-u-i i�-r -lens=-� -�- - -re di ro- -1 �v b -�d u �- l f -d I l i n �- n d e ° Pit r-� a�y� v b d 5 r- 8 -Gtyi ,may n -f °�� l W. F d 9 r-eA"° . * ' pis a.i^ i °9 § , �f"a->�-gF��"'��`�� by -y � '�s�'"Y� :� �6"�-y-�----�-'�-d-� d -V a-4. Y�� Jid-3 '� �: � a� "� t �'a"� �`��` .�� G i' y �u{�� o-h--i i-o -- n-d--i as s -o - St FS S-1- d. -�' S � p �i ory) Wati- ems: n s a n -y We l dill-L�d-beyond the known --p- u ci ng limits of:- peol. Wildlife Resources maa-n- fish, it. -! i=ce , ..n a� tatirc n e-- - tii a ! � I- Q the ao- �e. -here i-n aril -- e ---g- � r i ce- G u- -tea-� ti `�7 � d E n to rr -o � - -r t--o-the ,F O O i LL i 5 @l L� ho !f4 i W and -gain .'f -r a 8 42.TL�-L shall b -gi en M Lora zio na y .is- - -p vsti a n 4o- h i s C Iia ptec- -0- 1 _ W -L - -�i-r-e-s - ' �d i un a !! cones d-a#an-- .. .n- -a- th -- I- -R4--G Fad -1-.4c' l 0 i-I d --G s -L oa t4on- . .... T .' o d`i-n -a u rt'�a 9 a f �r s 4 u�-s D` - �', r 1-5-a20 - -and--Q-i4i i one --o= h -is -Art per, a n �P �' t- � �° °�� ' - 5 �. -na- ' S c I- - �' I I 2t -a -n - S xWee.� °x16 d r d H 1 �S �s �- �Y 9 �Y.. �d Ea A �� K se �r 6 JE k! 1 vt✓i S B S r tl to A 5 3 - : °s _ "� e �`hi a ;le h -u san- -- --ems - �v nt3 e(-1 - - -y� -� is -designed to -protect tl -n �t-ro-n ent and vv itd-IUe aid -the Th , g^� � t� � ,fN S. � a _ c' , t �l-e'tsef-t-h c -au n4y _ . resent and -Mu -re u -r A 1-04:1 _ W. W CL d it r -red -r ��d--�,- er-A gust 5, 201 h o --o , �,.� _uc$4a-n of oil an - a, 11/4-00 _ �✓ c ane d e s �� {C� A i�e-exist--i ng-� oprov�o-r pen cling -WO G LA-s—aa are---n-o� l..�,9 g" G. to a h � l f regulations set _ f o N-o--Gill-el° as- acti-i-ty/shall-he -Go : -ctec " ?�� be n —g �^n4 �C .s/6 � N � '� �� S �1 4 �v.9 'b� Il 4 by e -s i-gin �0-o -i - ; i c Fs-- -o-r fa -Rowan � --- pur- -u -n- t e Section -2-- 0—o 4 i Q-04 in n -r - z one -d- s _ri� - un l - 041-W G- A--I-O it w ,,,c �, !,a e l �4 a� o r _r t o_My— Qom $- 0 �f"J... "'s. 9� _ �� L h. 'd"�.v ..s� 4�- Y..d v -4ab� w a d � �"�r a>� a t y L 9 d•-"�,? a'I ➢� e �� n - _ w " n d- �- s---- oca i n - 1 �-n-g-�9 u 4-�, � � ' � - rev � � - n i -t -rb - PAGE 13 2020-1782 ORD2020-12 E4 -a- d, -1st ur noe-fa--spur a an; and 3. The a yt, r- e--Uor t;-- em e j p nd- ng-a-n ex-i-c4i-nwaii and Gas ra--aaePit w i- .r - a'cat n . here is no ne-D-e-ftaKim- -n4Pia-n - -Servi --s-hall nomssu a bin t for any-gil and Gas Facility on e -di thuntil a 10 ALOWAra i n-ga,.: .. -� Mn 10{ V L r�iarooit shall be requ-re-d--for: dam- -si - ,ty for wh-ich o-ie-;i-cd a Ho —r -39 a _ hfle-n subs --i -=th-e -O- -�-CC on or before _ February -1;2017. 2. Road- o- - -n-a- _ sr� -r - _ I �P-n- -�� i _ -- Fe om- - - - n - norm —al re p- ff . sn mai-n4 n -of r h Su -Re -ace disturb — Roe at -an eha-aO-1 r=e area-wh-i-oh-doeS Dat-h-avh actof d+ or the i -and Gas -Location. Min the original disturbed or -wan -ding the !al-nte n a n ce--o - -1n--OI I and -s-F aci l ity requ i-ra-s4a -r f deca4 somp--#-ance order. pace permit, _ constructed, operated Article II, Di-visiorn-s---a-nd 11-- o -f pur9u-pi-t-to-rtcrici-arater-2-3, and Gas-- -u o rt srvi- P-i =-l-i-ne----N ural Gas, an -di _ Ri-petine - Petroleum Ricou- Sher Than N -a '- as F c-ot4e; Any er Orri-o-,gin--Qpeca dr fWng-an-a- -lit ation-fa104-1-NIVOG- g h-is An-y- son -or an Oe-ra-$or filing an ica oc a 1-044-481091-A Perm 4-i- � � A c s -A -of Chaos -r-23 of this 8 ed Ott' ri cot A qre a of a F I -o S -a -rd -ate no d by maps-abe County. l� oaf n for ---a 1 ate V. Tb WOGS -A shJ! be eons ru 49'"'_ s e f_Y 1u-d-rS -th ip coAs I Te-il- -Foe n is -Afire -erne . shall be -improverichants zinc as set forth fn -Se ` Iee s -s -h a © submitted to th-e-OG-ED e rl--ay rine -'use-' e� R t sag ree d Y f and 'as Face made --in cones: °mince d -i v L; e Count a g reem-e- t ---a, d- m -u st-be--a e d - -a-rd 5 $ o a on—' r The rev i- w , consideration and issuance of a--1--0-41 t QQ Ldp ► s n-admi 4s#ra-t-- -h `" -a-r g process -arid is ex -e - porn the def ion, of revoIoprr-�A-set_ rth in the ag-re E -e -n -t -s oa�,i-nedin C -h -a 10 of th al —d--- a -n-t o -e . However, ail an-d--g-as--e)' far -ad -an -and extract of i n We d- n- -n- -e- e- lop as _ that -1y—cable to ps rni tAin o4 f g a- 1- ' ve4o-pe r ` - / r= PAGE 14 2020-1782 ORD2020-12 sr i e _ r- 3 pogarding the stauTs-e-f-c`--Y 6 a-ce b a 1n -'u _ u m s `a n c e -re -a`if din a n 1; -d- S G- Ch a-nges or modifications, E a -- -to-n-s i -a 4_0144 -0- LA -Par S -e 0 ED--eotor9-a—e4octronio means. an -approved 10,E 1 4 - 0,„----P le n&E of I4 ' Q t 1---R - t -- --t other o- - - y ll9 t, ; �-der-- - u emem� �-a-f -tin '- $-in es = e 3 c, n cc - a- L im-lt-- -m-a- � e rA re a k e -e- -s--o* th-i s County. b 4�, o V �r � E �rrE -� �-a 6 6 E. As-sit-ato ac -ear 4.o the a -u - -rite gcn-t - 4uswely- to Local G-ovLocal-Govern row o:s-in -as -n 29-21- 1G4(4)4) and < (h) 1 . S. , and --a- -intend- -d-o address _ t,h foftew4ng-- r as- n -----to. -rte i w 6 r c r a r' �-1-a ndCoui,tcy. �--Land Use; 67, iii o a End itl-o�--a d --a • C73 - st ss • 4. Water--q-u-a-H it=y-and source, n o-iseitt -on , odor, ---! . Just, air i i- . --ad airqu-a-liti p r -o -d- es, r !-rteo a rco sWi=g n - pa -r -nom.-srs- acid Goo r o -a a. n F nancia1se i n s u- -n ce as °n 8 p^ +� pr c{ te L o--e-n su- s G' am oE a ns vtlith-t-lq&se-104-1 _ WOGLA- Ju I; o_.ns— it t h -r n-u-i-s-at yoe---e ffe s -of c i ! an a --deie I o p m e o -d- s -4-i n these 1-04 - ' n®A P e -au 6-a-- - 7. o_ herwi s E , ni _ ng--for and regulating the -use of land so as -to- ovi _ de -ptan ned-and- o-r --rl-y use -of land a- Q ro-t sti-en-o f the--e—n—vi-r--o n r - a a n-ne-r--oo n si s -nt- i GOI -t itLFao-n ! r h _§-% Be fa aus 1 i_ 1W i o u!atio - -n- -_ o s aLU -� s a-utha�rites—set forth in Sectlons e..< t.d. � V � 6 0�+ d ect s 24-05.1 202 and -221-654402, (. l _ ,. S., to adopt gui :fins and rcg J9-kati- ns govo- -kn oiz and gas --p-l.oFa4-i-o-n---a-n4 e t -1c,- f o-n-Ia-n-Weld Co- n -t -y, to E tent these 1041 W G L A . u -at han ar. -in c -o -n -s i-st e:- t _ with he-reg-u Eo- s of the CO — G —CC i ega rd i n g a n -y o e areas --a a -d- -p --re--r-d-inga i I a nd-.gas _ ex Fat n -a Rd-ext ra G t i on -in Wl-d- County l i stied - ove-, -the ,- r 1=WOG -A-, n-- co-ntroa- u s --u a Y -60--1 ,C . R. S . , it is the Sent -of -the B- a_r of Count to -Jett te--o4 a -g as- e 6 p-t-o-ra -a o -an - gang Weld -County c o pera L kve yy ` i E --4he CQG C , d •e r --g-re-g-ul-a i c -n -s he -a a s an -okapi -es -re -el -a- - - -s-g---a n fora —inn —and 6 -x4 -Faction- no -t ---a flare- sed i-n-these-1041 WO ---LA Reg-uat i-on-s-t-o-= OG-C-C . D- - Io- --2 --D 9-raa i-1-o- c a- of s 9 - -i Sec. . 271-5--2 --dfs1- S C -Des o -{?--a n rd .` tat inte-r-s PAGE 15 2020-1782 ORD2020-12 Min- ral--Resou - ( n " The Bo d— f—Courg41--- o - i-s ev foreseeQ l -e -de— o- menaessu s; then oo l oeo -eic---H---aid a n d Mi G-eol- Gal -Sur 'D2of. of tu-- -1 eso r ss1-Denver 0-4orado/197.4; the-,i l-i- ect1on 24-6-5A -202, C .; and h- - --vis1-on-e and requirements of these 10 OG-LA Regulations, hereby order -sat t - a -° of the entire unincorporated a- o el--dounty Regulations, +� s. ereci-the intensity -of current and c --C- ' - for ldentifiation yeas,Special Publication 0.6, Col —Grad— as a r i nera kre-s-ounce (oil and gas) are-a--of--state interest [the Gas--)-Aed - y th - o r � n- , _ 2 49 obw° - 4 nd confirmed _ 2 n} hab t a i-t` - -4-k- regti 4- e --- - -r-aant-to the p - s- o n s o f-t-h-i C h a pte v . Sec -r-241-4 oir„and:f-evo�.7t��—v :7'�'_ __°.i~Y✓� tr/JlU' �ld�. 17 eta -sign -atom T -h -en i re- - - oarperated area - oP-e-l-d- o- ' y -ha -ben-d-e- -i. a -t d --a -n --r-- u-rc--- 9 ga$ -ai, ` ` ' i a-.�Ld_' .�`'� e_e-x u ly�l-4"'� I_I`�. [r'9 ` r � f � -c$- If''i !�_ e"'9 i�A / t h i `- If �''1 _ hiSS- �a e '�e h d �A � �: �a� 3 a '�4r �s > ,d-I�f l�-ti-�O i -9 �t a d -u u a'�@ �,R ir'��8� i�i a a S-gas-�ali a C .er a a °a ti e .l 4 W.QCLA eat a t� i a��`" a� ��i-�� L h'� 1 a �' �-a'n`y !f' w-�,..� �� e�.� �. � S. ib O.2 a 2 2:_wan % 2 w a 3 u� d �{i a u t! f E! vii i Be cag e oil and gas r es o -u -of --are fo un h -r u Gut th-ew- n- - -t ->elacea-ef �'- ! d Count -y a -n -d- r being-- eve l o ped--r Ba rd-- f C aunt o m i-s i o n-e-rch as de -s- n ed ' he i�'�,4"�° ��".4 �,.`�' �' � �� area e� of -Weld �� ('"��,",-°�:-�'>��'�->�..��',„"1�i � .�� `' 6 �¢" � '`i(4aU-a 7 b 'c,.d o ] o L. e d �bO'�� !,d's--h- —u-n 1,l �d s'ai '7 ! i d a `Lt d al re � u✓'i 1 o _ A. _ area o - -P i--g-aS r Veloprneft- ---a manner tho -lo:a-a-lues ara e-a-ltnsafety--a-n-thvelta re of ci' - i E -►- -e liAr-o i a e n t; ---e-ensure 9- d4'r��!on n-d--coc i fatibidity of -the o e often _ a ti�q �, c s of o-; acd gas e p4o-r ati-o rHa- i d --e * raction an -d- -e - �f �� u l t U r�� ; 2 Yt. d ev l-oprn-' a 3 t- poa a( Q -U-a nd Gas Op e 1. I o a -s-Ha. i d D. a o eve local -o e -r -i an -d --extraction in Weld Goau Sec. 2t5430O I-�-? ea u p 6 .n t +`i the -Beard u ! oil alas exploration ssIoners that no r Q at' r Tha-€-nee-rr& Section 24-6-5.1-40:4-44) . ` ° . shall be i n --lace during _ the r -d 3 n c h c —Gods n e n °- - a r. f ist- -- - °k1 ---the-re a d Fn` ;`Fo —S--the—GUI r r ---f-' -a�- h a G LA: n ul e s s ee t f t n 4- .i rGcn 0 ff!` r L amendment. C r d i a O 4a � , elt -a era --Red 26 of t i-s---Code s h -1 l be -in -effect i a�h a _-gct4i to of this s Co4e a-40-9 E x p n-andE tra tSn-I he e .Ct-"o 244 1 "•' 3 -arshiban— ` p -r U-arn-° `m _ saaction of e H -a d --P : ri-s a rEtT AT -ea -without 1a 1'41O-1 1a�Lf"""t.arB o {90 A. o pe rso- -- -y-e* - oce owex ct o a nd— a t e ith i the Weld Mineral e -o-u-ro -i1 and Gas) Ar-c a- with -tut- i rst obta i-n-i-n-g a a , QG-LA Pe rm4t--- . su a -r -t-- -o these -- 1 VVOGLA PAGE 16 2020-1782 ORD2020-12 9 o oa---a u th o r4 y, ---En- -d ing- - e- -ouv F may E s - -a _ il-d --- -p ex -m --f -r p Q&S 9 w a t -o- t- he haying - -- - ned--104. aGL F e r it -e -u -r -a � 4 Q- -R P � ra- eq t -r--ern e hCe--p r-o-ced _ ure- con-ing--pei-i pp l i cati o -n -s, no4 4-c , an-d---G-Permit hearings, -ie- f- o d-o-C-o-,u,-4ms -o Re is de o . - nd issuance an-o--tent-of pe r i- -s--fo r ..e o -rat- 9--e-x-t a- -i-on--off oThand g as e 4h- - '-M o e-ra I Reso-u-rrc -pi-- e �� A -r -e a--sh a - wit - be _ pc -ray -isle -Rs s -e -t forth In- thI s :mac i e V. @5 o 24 to `1 0 Fits-, i -n-- -e - - e-tme n e- ft. A iJ.-ll24A- '-�E D o s s f9 1 -g 4'�f2 e- e -r; rna i o-n-ofew h he r t2 -a a o s s e' p l e a s and -in c- m -pl4a e --a -th- g -u- -re - n t s U4 9 s-- ect- o on . p n e , pc I- can - G E D -D -4 -re otguest— a -e -either ef-e--o-r--a- t c- he sub- - a -- the app ! i G a ° - - -rn-ay _ :0 a n --arc- t i o -of -m- eting--b t wn-t he A-p-p-1-1-GaRt-and -G , w oh a be-- co m shed- roug=-o-fa-se ex -eh a nge, or co fe -e-nce calas-deermne4bfrQG-EDT--ih-e-p-ose-o“h e p p ¢ icatIo n .m sung is -4o g ve the Ap-p i-oan4n-o -u n o-demoti a: t-ra -e; -hr g-h4v-ri-t-t-e- ; and gca-h1 o -ati o n, -h mw-the Oil and G -as -F -ac 1 ¢ co m -e -s _ wi �d the stn� -ard s- e t-- nor h ----I n tai s-Seot4 -=T . 9-e- � . -g .-pp o t -n _ g - d d -o -c- u-me-n-ts--h-a# -be s bm-- -d-ra s a gip -art— f- e --a A. A o o o_ r a 1-041 WOG -LA Per i n Iorm _ suppli- -by-Q 2 D. 1:10 strati _ i-nc-Pade th9-c 9' wjg-Rg : 1. The name, �-d t one ntirri b '- f tire- ppi1ca-n C. � d orI pt -I n of -the- -o an -d- eNaa on- -d-e h Gas-Locati OPT- 4-„-- ..� pars^ay Land 9��` pjy..��. rte••xs-tC tl 3 a Land mod' s`mss `� 6 A e---party-p = � � a t �g e -Q41 •n y -� b o w .--t� e . 5. RR�esent--zo,�; -a-n-d . �.� °r�ones, i o -p -r -$ate. 6. A li fi- tl a ! i ' - ca -e d4i , _ of -the i- <a.e !� `+.d! �1 -1_i �' 7 . tl B C hr r-: at i ,�^�,_. thaG 4- P e �r - �-p re ap - r-e-ati �-o .v� notice ae h a -s- e--- # �� d to 1I�' . `� �i" �. e-1-4�-"�a�`.i� t B-�.�s ¢ d - that Iii �.� � a ¢ a ��' W` � � am ,i '�� ¢ M1 �s �a I�.� i ¢ ¢ �..r � �..o � •.� �o a,r the own-er --0 8-4-d4ng-LJn-ite _ ii -Gat �, w °4th i �----o-n-e-m-th-o-d-� (1,000) feet o-s=s--s of Oil and G s -L e.o-at a n; o 4 Loc � ¢overr Hens _ whes bo ��-nda rigs are w1-o-ne--tho usa-n1d <'-Q0Qeet-or-�.. s of -the -Q P Gas _ Locat - a- to t-h� he -&--C- ov � g-� -of a -y oho - 9�- der--u-tu err -Futuna o ty, o I d- Ce m ew-it-h-in-one -o-u sa rid =yam (1, 0 }= e ms r- -s row- h - �o �-a d ass a � 3 . �' h notice �h4t-ht e-rollow i g: Th�� 1 -G -1-A-- e ti m i-- pce-a-p�pt afI on- -ote h 4 - �-d ° P � by -4h a 'App-lcra-n- � -e-� �w -g-- pa- -e- -th--&-�uwfa e --O e r; ; d i- -- n- t o� ��d_ -e-rs a�+e d- -w- - i ri----o-n �� o u sad (1, 00�� fhe--� i _ a n-d--Ga✓s-Lo c t-1 --(a s-d-e�rrn-�-n&-d y W td --G u -y As -ss-record-at-- �-¢ 9 � e- a- . d- o- . *- j LG D a rd Gast _ Local G _ o- merits- cap d if �-n-o ne ho -ups -a -n -d---(4 , 000)-4eet or 6 ss -of t h � - - -a --Ga s L o r a •ties a-�-�10 ._ p r -G i-p-a s -e- d- o-r-a� d tra- , and School G - warn. moody -etc -a n y PAGE 17 2020-1782 ORD2020-12 T h -o01 —F -a �Ytwe S 1 i ! i' a c i! t, or —CA -Ad Cac-e-n a4ecuidvith-En o n e thousand rues -h u nd r dart getivee n apaatten. The ei-g41 a. 2. _ T ice' -n -in t i di occur not me -re -than six to s u b m i tt i n - -'t..;. 1 0 ' P \N� L' `C�S-e yP E 8 6. WO ,rte L A P e m ;-tee —ah-a -i n o !ic - o f .� i n a- * a The -location -and a general de -script 3. _ 9 i e a3 Q6 at d- a ope •d -o 9 d enri e p drawing s-5 3o `.� 1 1 g t h e names f and addresses of -the ✓ k ! 'k!/;�`J nnn Governing Bo --of ce School Rackirt Child Care Centecs and Local Gown sY s whose—p-rop4i,s or, tg n b o- -n 4a•e s- -re the Oil and gas -Location. a U p r`.,,,9-po sd cmc` s Y Y s _ °av the,-p-rb °sa v-eu ce-away, own r including of -site haul route s). The haul -route -map shall .re -et County na e -d -G -o - -t•- r-, r arterial i A-dr a �( �el� 1 1 d si e 7 f — e Oil a nd Gas ., . 1 it y a nd disturbed -are -as. ---i i 'ate 'ode -1 L wi aa6��d o f r ai E r a- scaled dr:a-L ing, or . 2 d ae i-al photogr-a g o a dry -hi as a u ri n -- t -a-� at -a ee . The--dcr: g shall i nci J n-��s—� i 1 SrC i e '�! -i--fog € -n th-in an-e-thou:sa-r hr e-hund- ed- w ty (1,320) pre o --C4k n d Gas -Location, with a horizo nta dis•ta om4he -l-an GGas -Fa ci l iti-es . Visible i m prove m e n-fs to;-ail-buil-dings and properties, maintained -roads and r- reund utility-14n°ter raae� ds, P e-s---orr '-74n•e markers, mines -0 - ion Wells, water welts -known to the Operator and thou gist3-d- -t- - he Colorado- En ≥ e r, 14 -now -n sp n , !, Wells, kno\AER s ,. r -s with ma*les, sto gn -iesater, an-d---emural channels, permanent can -al -sr —and (ditches—throughwhich w- ter 1 f to -re . r water � 10 �� . �•E e Y � a�� coxi ; e--o-uth n Oil an -c -l- al -s -o —feeT Orr tie tL' bearing but not b-e4i- -i-te-c s- -a-b ove {� �"+ i- n t �"(1,320) � GS eT...�I Y i �'a.� f , Y 1 f "�1 'eau 3 G M� 'L. 'a� E 9 .� atE- -n, it s. all -be � so noted on the map. The ocat-°en _ DrarA.� pes a as s -( ;- nd p -pos d-m+u•ga*F n measure : - 4st--o ,-h-e- -ia d Gas Facility co no - s . `�1 ` f .�t� + e_0 t4 6 t -t Sw �' °"fi ` 9 f, .e _ re c i ? n f !✓ i 9 � 7 `s ', �i` yf % l °��+ S V �� sous ° @ i a°� 9 6 e� `�v . 0 bs' A e b 5 �� 3 3 L L '�d''�-a re ms i p i Y i 1, i f 7� `& ftu �d s 6 7 n e L, i G f e 6 ate* �d' 'dA +� 01 !-ands G -a s-FaGy a. _ y-c-antacting the Count --,o 0-- - Ott re nested by -the -Count ."er C. ~ 1 -de-pine-posed c i-`o n r et ≥-- � fnotnetiee r -a on site pe-c- nsi e ii-o•ns, the -County -may guest that --4onal parties e n-otificaTtiol. 3 Building Unit owner -an -occupant and- -e-r-L rActi rums- t -w -o ,may, of ,,+�, 9 ;� +� ,�v � thousand fast o c. o 1 ;.,- A -r i-i i g 4y 5.f` �,J�'' -i d' l4`� .�_�_-' i t' -Of (1,000) fast, 4d 1. , 1�✓� �d 1 it •�� `�� 1--� E '�d� any Y � 4� �o' 5 5 � Q utu rem ho -1 -a c4 Y d y-, _ ci chi a Ce--G 4e -r- with-i-n-one-te _ usa4i . f e - ; -r = twe n- yi (1,320-) _ fie of a o ro os-sd---i-1--a n -d Gas -Location -who 'A PAGE 18 2020-1782 GRD2020-12 OGED D Director, waive future r- e-i-pt-o-Ps-uch-notice (s) . 9 _ proposer and Gas Location. To identi geographic are; identify ma-asures to Minim-i-ze-Adver, ze Adver p-ro posed Oil �n—a defined eta --to public health, safety, welfare, and aerators are here feasible here ands-i-th the agreement of the involved SuLF-a-ce Owner(s). usand (1-T000) feet of the proper distance ands a s within one - cation, with a horizontal be attached. C e eon- in -the - p -pi -on that a SUA or -other -document, including, but -not limited °lfidavit b-y-th be located, 1 -e-tor and Sulace Owner have agreed -to -an Oil and Gas Location. If no SUA or other document is a the 1-0 —WOG o Derr -n the olio proceed -with the 1041 WOGLA Permit process and shall provide a statement in the 1041 -WOG -LA Permit application--hat-ice currently in SUA, or other agreement negotiations, and that it vv+ll pro ch may - aired -b -ties -e 1041 WOGLA A. Reg u I at-Gn s . olication complies with Article V and Article XI of Overlay District Area or a maps officially adopted by -t -h -e County. E. Ch -ate Spe 1a' l-eed Hazard A a the Development -Standards set forth in Division 4 of this-rti-cle V: Dust -control measures shall be em -s ce sar� r-i-h,h-traffipe ri od s nsultation with theCounty's Depart 3. Traffic reduction measures shall be employ utilizing storage facil-ities a Li ni-c nd/or trap -s miss n -of crude ail via Pi -pal -he. nd develo Mies, with -roadway-s-vth ic-h--are part -of the h a u -1 routes, s ou-l-d be included in such consultation. 5. 1 • ui d -and -So1id- t at -protect eons of Division -4- of this Article V. atl be stored and removed lid f e -r 4inal disposal in a -r -ner regulations set forth in Chapter 8 of this Code. PAGE 19 e-} n1 water qua-l4t ` 2020-1782 ORD2020-12 c, _ H. _ 8. _ limits set forth in Stec 7 V. 9. Visual mitigation measures shall be con-s-iee 11. The Oil and Gas Facility -s -h -an be mai weeds. See Section 21-6-400 of this i -cle V. 1-2 _ asible. See prevent -noxious ociated with the 1041 WOGLA Permit may exceed the weight restrictions set forth in Chapter 12, Article Ill of this Cade for requir Works. 13. If appli A requirements of Chapter 8 of this Code is required prior to comm point is under the jurisdiction of the Colorado Department of than Weld Cou Works pursuant to Ch -a - County ROW. No work within Co being issued. bar-tpartment of Public ed for a-ny work occurring within ransportatio 'j ,! required. Bowlines and oil and gas lines, and water Pipelines integral to production, and nd Gas Facility. A GIS map of off -location Flowlines must be provided after construction. Inc uc e a ra is narra hie e with the following information: of site). 2. The exoected travel --mutes Tr haul routes raffic. 4. The time of d -a sposal method. Numbers assigned by -the C un PAGE 20 nd 1 trip out Unit owners within 2020-1782 O RD2020-12 ilities and J _ --4d-Care Centers within one -thousand three -hundred -twenty (1,320) f r -e -c County Cter tin r p update from a m such records, or from the records -of -the s of the application -submission date. sera Gas Facility on SUA fulfills the K. A —Road-- -hens nce -Ag ree r nt (RMrA)—ar Corn p re h ei Agreements are required for a --x-041 OGLA Permit. ance applicable, an off -site rai for improvements shall also be required. L. T -he- p-plicant shall onsult the Weld County Office of Em putt cgs r n Emergency -Action -Plan. A. Location is the lea--i-e and - the County the Applicant has performed an analysis -of reasonable -acilit- '�-datarmine ��o h^ en --Oil and Gas N The following -inform -at -ion: 1 Measurement I Production Facility proposed or existing on the Oil and Gas Location and the edge -or corner of the nearest building, Building Unit, High Occupancy Building Unit, the nearest S,AA, anc the nearest public road, above ground utility, railroad, and pope yi cardinal direct" and direction of view. 3. A list -of --major equipment-coWrponents o-be-used-i n con j unci-on ► pith - including all Tank , Pi+s, III p equipment, *as for oil, gas, or water. The Natural Resources Co-nse hie -Of fl4G-a-L-OGa-t-ion . If the final La Does not include- any other Uses, the Lan4 Use should b formation ks-needed. If the-fi-a31 -and U -se e -s -r -a- gea d, forestry reation, or wildlife habitat then a Reference Area shall be- e e ed and the following information shall be attached: soil map u PAGE 21 2020-1782 ORD2020-12 a. A topographic map showing the location of the site, and the location of the Reference -Area; and b. Four ('1) color photographs of the Reference Area, tak f 1 be identified by date taken, Well or Oil and Gas Loca of vi .ay be submitted to OGED any time up to twelve (12) months after the g-rantinvg- 6. \ e -r d -r attached. s shall be 7. A description oc BM D Wi T ie cones® e Surface Owner, this may include mitigation measures contained in a relevant -S . 8. Designation of whether the proDosec Oi anc Gas Location is within Sensitive Wildlife Habitat or a Restricted Surface Occupancy Area. 9. An indication if an Army Corps of Engineers pe 1342 and 134 --of the Water P '° an Water A, 10. A map or scaled aerial image depicting the Oil and Gas Location boundary and 11. k. Sections Lion 401 of the federal lrrounding whether the School Governing Body requested consultation and whether, after ern-. If the 041 and Gas Locat-lo ter, or one (1) foot of elevation gain or more in-ten+1-g) foot distance, then the follo- format n-s-ha4-1 be attached: nstruction-and operation); and 12 if �1g Unit, or within o -ell be attached: a. _ b. _ n )-feet of a -e-nty (1,320) feet-af--a School Re Center, the following information shall oal-Government,or School Governin,. Body of any School Facility or Future Sc s B., above. 13. A statement describing who will provide fire protection to the site. 14. A scaled-facility-l-ayout drawing new Oil and Gas Facilities covwed by the application. PAGE 22 d Care of ll exist -nom--p-Iwo-sec! 2020-1782 ORD2020-12 O. Such additional informati .a Tonal data -as easonably-reg sd-by-OGED resulting from consultation -with -the Weld County Dep -lth E n---ron-m-ent or Colorado Parks an -d Wildlife. OGE Q shall review th-e-1-041 WOGLA Permit application to determine if l ,c complete. Such review seven (7) days of the filing of the ap-plicati-on. Upon completeness determinate-ector, he or she shall send '1 WOGLA one -thousand three ,hundred t e Gas Location; to the ori-ncipal or senior ad-mfn-i-strator, and or Child Care Center within one thousand three -hundred twent and Gas Location; and to the referral agen list gg � Board of County C th-irty-seven (v A.1, below. r -to -the date of th of a-n-y-Soh-oo-1 ¢; �• �� . e mailed first - Q1 of otices. The date of publication shall be at least d —shed notice shall inform manner se::or i in Section 2' -5-3/C wing. A. Refer the application _ to the following agencies, when applicable, for review and comment. The agencies named shall respond within twenty-eight (28) days after the mailing of the applic twenty-eight (28) days shall be deemed to be a favorable response to the Planning Department. The -reviews and comments solici'.� t-� -feu-nty with information about the proposed ` 041 WOG ® r► -wit. Th-ereviews and comments submitted by a--refer-Pall agency -are recommendations to the 10/1 WOGLA Hearing Officer: L. 1. T boundaries are within on --as Location. 2. The etel Canty Depart:men 3. The Weld County Department of Public Works. /1. The Co 5. The-GQGQC.- 6. The appropriate fire district(s). 7. Any irrigationd��h-cam pa -y-� h irrigc do es of rer`nrrd r+ -o -, r adjacent to, tno Oil and Gas Facility. 8. To any-oat-herto hom-OGED-deems a referral -necessary. Prep r _staff ^nmr nts addressing all aspects of the application, its conformance with the -Weld County Code in effect at the time of frig of the aeration, sound Land Use i! and PAGE 23 2020-1782 ORD2020-12 planning practices, commen-}s r refer, ed;-end-fhe-ste -contained i 320 E. and Divi s i o n consideration as evidence in the hearing. of tholding the appropriate hearing iew administrative tasks associated with the issuance of the 1041 WOGLA Permit 0. - 1041 WOGLA Hearing. t and any person or entity who has been granted intervention by the 1041 WOGLA Hearing Officer shall -particip e -2 -1,1\ --Hearing. Tie process for seeking fps . 1. Application for intervention must be received by the 1041 WOGLA Hearing Officer no later than twenty (20) days prior to -the 1041 WQGLA Hearing. Application must be on the form included in tie 1041 WO-GLA Notice of Hearing or on the form pro -v- ded on the OGED website. P sans who h Gat -ion for intervention are eceiv-e-d d by the gra intervention must include the following: The date of th d. A -general statement of the f o-V e _ f. Lion; and rvention; Permit. Application for 2. All aoplications for inte-r-vention shall be granted or I III! Officer within ten (10) days of their receipt. Such decision shall be communicated to the Hearing Officer. corn- ent to be -included in the 1041 \NOGLA Hearing record but not considered by the 1041 WWOGLA Heari presentation. The -1-0211 WOGL a --hearing in a man based on the merits of the issue(s) to be decided. PAGE 24 technical ake-n-cturing relevant ev4d-ence, e parties 2020-1782 ORD2020-12 shall be at the discretion of the -1 041 WOGLA Hearing Officer. 1041 WOGLA Hearing pa postp from occurring. 4. 1041 WOE L ° a n - l be docketed to -occur sity by the shall not -be determined by the 1041 Hearing Officer. Compete applications whose notice requirements have been me sh-alI be schedule -d- h -ea g -o -n -the ne4-ai,--ble weakly docket. Decision of the 1. Gran -t! the record -that the V will be met. it if he or she determines that suffic-ient-e-v-i-GI-e-RGe-e- -ts-in et forth in Section- -.5-320 E. and -Di isior� his i le ants of his or her decrision. The de.. ii ion of the -1041 WOOL a Heari-ng 3. Inform the participants that such decision may-oe appealed Code. D. A motion for re-considerati my r OG- er in Such motion must be filed no-later-thanafter-the applicant has re-ceed notice of the cenial.-A n is I .-fit mot n- fee reconsic era.ion mus: s:a:e wi _ 1 su-icien: c ar-i-t the dente, was the incorrect decision. E a test -ion -24-08-101(1)(a), C.R.S., wit 1 the intent to ensu order to stimulate economic bations of -1 -ndow eo s, an -d -fob growth, _ secure the reason -able -nvestment-b-ac cooperation ego Board ne-�d clnres en v C ts-an--.apiaraved site specific development plan as -that term -is defined _ in -Section 23 8 -2 -0 -of erty right, as defined in Section 23-8-20, upon the Completion of -the in -Section 23-8-70 of this Code. Once noticed pursuant to the requirements of Section 23 8 70, the approved 1041 WOGLA Permit confers upon the Operator the right to undertake and complete hThea g-as-i-n itio-ns s +- aF n. of rsi a i Et'J--S 2- €8- - � o Compliame-with 1041 WOGL An Applisa meet, t Board of County G -LA shall demonstrate -conformance- ith, and shall continue to n4 -adopted -b -y the County. Lu €h ason for rescission of the 1041 WOGLA by the PAGE 25 2020-1782 ORD2020-12 co 21-5.360. - ChaHsgas and termination of use. 1- i determining whethe-9afo--o e exists, in _ which case a new 1041 WOGLA apialtoesitian approved 1041 WOGLA Permit file and documented via an OGED sundry notice form. progress made within three (3) years from the date of publication of annou of the 1041 WOGLA-Permit, or the approval -shall terminate. ova l y grant request. S-ec. 215-370. - Resckksien—p ecedHres: Facility rrnines that one (1) on 4 of this shall notify the Operator of the Oil and Gas a stan-dard(s). The Operator will be giv + arty (30) days in Y bef B. The Board Oh more Commissioners. shall hold a public • ■ . e a ... General -site a e • a . ■ q -e e Board may rescind th be scheduled D cease the USE of the Oil and Gas Facility. "c-✓d'iation requirements. a f -this 1. Sensitive Area Determin-ation. Operators siall complete a Sensitive Area determination OGCC Rule 90' .e. uses. Sampling and analysis of soil and ground water shall be conducted in accord- vertical extent -of any contamination in exco Management —AP Waste E&P �nr +-ter. -ArtV. Lion /1. Pit evacuation. Prior to bat filling and site Reclamation, E&P treated or disposed in -accordance with -Section 21-5-450 of this Article V. 5. Remediation. ed t� "rail be ^ ^rmed n manner red P ntrations in Appendix 21-A in order to a, and to prevent and mitigate media-. Ground water that does not meet concentratior�s-i-n PAGE 26 2020-1782 ORD2020-12 Co4-ora-d-o-Nox1 ous-Weed--Act, Secti 6. Reclamation. Remediation sites shall 545, 21-5-5-55, an -o 21 5-560 of th- s -Article -- 7. Surface Owner's desires. Remediation by an Operator shall take into cans-deration the wishes of the Surface Own -e -r. E. Workpla for-th-e`fol l-owi ng op � I I►-lir-9®rl Iii+ rin 2.-Rem-e-d-i-atio-n-af Spill s/Re ,s a s a -i n --a 3. 4--R-e-diation of impacted ground water in ac -c -or Lit for prior OGED Director approval a wor activities: D. _ Closure. 1. Remediation and Recta end -is. 21-A, or upon compliance with an -approved ter-kpl-an. 2 _ C Rule 5— gig -450 of this Article V. e 910.b.(4). and Reclamation activities Oper OGED Jtrector. en ovrc plan Ler conclusion of site Remediation ornpietion to -the Release of -Fin-and-al-Assurance. Financial Assurance required by Section 21-5-445 maybe held by the OGED Director until the required Remediation of soil and/or ground water impacts is completed in accordance witi the aopcoved worko an, or unti c eanuo goa s are met. Sec. 21 takes subject t Director and the - information of the new Operator. . ■ . OGLA Permits. oft *tine -o -f _ the-nn-bu&-i-ness address, and ether contact ble to a new -Operator. The new Operator be considered the P-ermit Development -standards. Seco 21-5-4-041 Weed control. All disturbed areas sha-I4 be kept a -s-- e of all uncles measures s la De cone t-seq., C.R.S. If a require a weed control plan. Sec. 2.1 -5 -405i —Lighting. uctec, in cornliance with the lie -able, the 1041 WOGLA To the extent practicab ;site lighting shall be directed downwarc anc inwarc anc s mme ded into -id glare --o-n-p-u-b-Ri-c roads a n- u i d i rig U n tc n + -u sa nothree-hundred -twenty d with the site lighting may be limited by the 1041 WOGLA rected on an Oil PAGE 27 2020-1782 ORD2020-12 and G not irrpa a .. . a • • . ure lights are I Soil Get an sc akae. wgitive dust. y practir practices shall include but are not limited to the use of speed restrictions, regular road maintenance; restriction of co-nsi-o-n acivi water, and silica dus: con.ro s when handling sand used in hydraulic fracturing operations. cing, win 1 14 the surrounding of Wells to reduce 4. kmize fugitive dust emissions. Sec. 21-5-420. - Odor. magnesium chloride, lealth and Environment, Air Quality Control Commission, Re.on, 5 C.C.R. 1001 Reg-ulati-o-n N -o. 3 (5 C.C.R. 1001-5), and Secti-an XVII.B.1 B.1 (a -c) and Section XII of Regulation No. 7. and operations. I with the (2). -In addition to aapplicable requirements set forth in this Article V, Operators must comply ants -far Well Completions set forth in COGCC Rule 805 b. ()-: A. Oil and Gas Operations at any Well Site, Prod-acti-ors Facility, or Gas Facility shall comply with the following A Scale maximum pems's. ZONE 7:00 a.m. to next 7:00 p.m. 7:00 p.m. to next 7:00 I 55 db(A) I50 db(A)- Commercial 60 db(A) 55 db(A) Light ate- ustrial 70 db(A) 65 db(A) . es Industrial 80 db(A) 75 db(A) PAGE 28 2020-1782 ORD2020-12 The type of Land Use of the surrounding are f five (5) -d -B (A) fron and the next 7:00 -p.m. the noise ievve own. B. Except -r an Oil and Gas Location within a Designated Setbac C. Dons involving Pipeline or Gas Facility installation or mainte ance, the use of a drilling rig, Completion rig, vt levels for Light Industrial Zones. In remote locations, where there is no reasonably proximate occupied structure or DOAA, the Ii -h-t industr-i I D. Pursuant to inspection or upon receiving a corpaaint from a nearby property own f ,-egg i -g s_Q,�fion`, n��hall coed ctom-an, nsit�-investigation and ments as -pre -scribed herein. The for the measurement of -points -of oomph-ance _ for Oil -and -Gas Operations: At -the request f -t -h -e c beyon representative of the noise impact. If an oil and Gas Well Site, Production FacR-if-y, or Ga0 Facility i s kg -Et -al -led closer than three hundred fifty (350) feet from an ex t-oecupid- ty-five (25) feet from the structure towards the noise source. Noise levels from oil and gas fa surface proper nant, the sound level shall also b •vv.wv on, a point vise controlled by the Operator shall be measured at three hundred and fifty (350) feet or at the property l+ne, whichever is greater. measurement o= noise eve s a :iree iuncrec an d impractical or unrepresentative d lesser dicta ce nd t polated to a three -hundred fifty (350) fDot equivalent using the :en at a 2/distance 1). ice Sounc level meters shall be equi coed with wird screens, and readings shall be taken when- _ the -wind ve -cit--at-the-time-a-nd place -of measurement is not mer-e than-fi-ve (5) miles Sou °rd level measurements s#a L -be taken four (4) feet above --ground level. over a minimum fifteen (1 -5) -ma taken under conditions that are 1 uration if practicable. The sample shall be he noise experienced by the Neather conditions). • • •v• • ••• •J. , in _ all -sound level measure meRis, the--ex-i i-n--t-h-e encompassing e-nvironmen me a s u re m e n t s h a l -be -c Oi-l- -nd--G-as Operations. PAGE 29 -ambient noise leveloom an -other sources 2020-1782 ORD2020-12 F twenty-five (25) feet from the e; P i 3 OGED Director shall obtain a sound le �ructure nearest to kig exceeds J -ED Director shall require the Operator to obtain a4tow frequency noise impact analysis by a qualified sound expert, Ern, me- ,es av such low frequency noise prow l anc DOSSi.) e action G. Exhaust from all engines, motors, coolers anc in _ a direction away -from a l l B u i l-d-i-n-g-Units . other mechanized equi Dment s call ae vented red (400) feet of Building Units shall be equipped wit-h-cOst-dam ign mufflers or equivalent. All mufflers shall bworking order. Zee. 21-5-440. - Pollution. air, water, soil, or welfare, including the effectiveness and tec mar '09 @L a f to protect public health, safety -and hnical feasibility to prevent the unauthorized dis -5-445. - Financia ces, trash, discarded equipment ether oil Field waste. assurance recuirements. acceptable to Sal ($25,000). A et forth below to from unreasonable urance for Surface n shall not be required for operations conducted on -state lands when a bond h -as o4 for unre Assurance su of County Commissioners. Sec. 2--445-. - Management of Eeta Was F-i-na-nnial Assurance must be granted by the Ty tham �,dace Owner. Corrective or remedial �,_ by the OGED nor t�or afore and as part scant o limit any monetary award General requirements. 1. Operator i-o-ns . hand-ed, trans-, 3 e. PAGE 30 E&P Waste eudto g r, water, soil or-b-i-o-1 2020-1782 ORD2020-12 the—ext vel s listed in Appendix 21-A, with cam-de.ration to -ground -water stanc-ards and classific-a4to--ns. 2. E&P Waste management activities shall be conducted, andfacilities constructed and r rRioct the Waters of Re -use -and -recycling. To en —O —U, n —pco t -e -w a ste mini -m i e , -airs m a y f o -p se plan-s-fo-r-mana -ing E&P Waste -through bs14e Ott-m-a-nagement plan to the OGED Director for approval, if applicable. Such plans shall des -cribs, at -a --minimum, the ty waste, me ioc 0- waste :rea_me of any certificat1-o-n or author The- -E D D i-rect Pn ay-r-eg -re-add i-t-1on a I I-n-f-o-rm atio n . se of the and shaft include a copy g-u-ati_o n s . 1 oral, shall be tray po edto ac -iii -ties apt -heed by the COGCC Director or permitted waste disposal faoi-lities approved--ttransported to facilities outse--of Cataract -O _ for treatment or disposal, E&P Waste stransported to--faelti-t-ie-s authorized and po o-r-i to regulatory agency in the receiving state. 2. Waste generator requiremeres. G-enera:ors a9 E&' Waste : transported offsite shall maintain, for not less than five (5) years, copies of each invoice, bill, or ticket and such other rec-ocds as necessary t -o- tcolowi-ng requirements: a. The -date -of the transport; b. The identity of the wasrnerator; The identity of the waste transporter; The location- -tne waste-- -ckup site; S -u -oh records shal be signed by the transporter, made available for inspection by t O -G -E- D.--,J1-re .t oc--d a -l- b- ;-s4 n -es s hours, and —copies thereof shall be f -u rn i-s h-ed-4o- the Produced water. est 1. Tre-a -e-ad- water. Produced water small be treats nt in a production Pit-to-prev nt crude -oil and condensate from entering tre-- 2 . Produced wrc--+ - o a . d used water -may be -disposed -as follows: a. Injection into a permitted Class II Well; b. Evaporation/percolation in a properly permitted Pit; i-tted commercial facilities; s outsioe Sensitive Areas for oroouced waters with less than 3,500 mg/I TDS when authorized by the Surface Owner and PAGE 31 2020-1782 ORD2020-12 m3 plan. Road spreading of pro -duce -el waters shall not impact Waters of the U.S., sh H not result in pooling -o -r runoff, and the Si r e. Dis-charging into Waters of the U.S., in accordance with the Water Quality Control Act and the rules promulgated thereunder are , , i this Code. Operators shall provide the Colorado discharge permit longitude coordi-nates of the discharge outfall, and sources of produced water, and shal inc ude a U.S.G.S. topographic map showing the !ovation of the discharge outfall. f ischarged may be put to beneficial applicable state -statute and rte- Tat-i ns governing the water; or management facility. 3. Produced water re. the WQCC for Wate D ta- Waste ced watar may be reused _ for enhanced uses in a manner consistent witi ex-i✓sting water -used during o t-ablished by `�cle x of this Code, or any Point of S to provide 7 necessary approvals from the WQCD for constructing a new "waterworks," as definec by C.R.S § shall be disposed of in accordance wit - the meaning of this subsection (4) s„. ator that the Well is dewaterin or impacting any existing water Well. The water produced shall be to the benefit of the Surface Owner within the oil and gas Field and may not be sold for profit- o -r traded. D . Dri l I-i-r, _ fl itds . 1. Recycling and reu reuse. a. Injection into a permitted -Class II Well; n C) management fact i6 Additional author -d disposalo. ay be disposed as foli-o-ws: 1. PAGE 32 ze-d to another drilling Pit for sed as follow& - facility; or 2020-1782 ORD2020-12 b. --Land Application as follows: Applicability. AG to, Production Fac maintenance. ii. Land Application drilling fluid was- e applied s1iall be n -a more than three (3) inches prior to i-n-cor-p do r —T waste shall be applied to prevent p.nding or erosion and plication include, _ b-ut are not limited -ce, and lease road (10) -days -of applic Appends 21 A. "tl i-i . Std-rfaGE- Surface-Owner prior to -Land Applieati ioncentrati ed bentonitic xceed those in all -obtain written authorization from the i�i-c-c-riff-ing fluids. iv. O' I source, the volume, and the location where th of the water sed bentonitic drilling fluid occurred. Upon the OGED Director's written request, this i-n-formation shall oe the-OGED Director. Operat r i-ty over -the meter -based be Tt+c—d 'ri ^ fl id , ti e obtained L .nd Application operation and shall dill-g-e-ntly cooperate with the OGED moire- ; in responding to complaints E Application of water -based bentonitic drilling fluids. Approv udnes those materials c Anlik 2 or reuse of ent. e_oil, co-ndensateL or other at contain hydrocarbons„ Olly--w-aste may be treated or disposed as follows: 1. Disposal at a permittedid Waste Disposal facility; 2. Land —Treatment onsite; Lanid Treatment requirements: -lies of a rep-e-rta b , -4 cpl a n=fitar-p-ri-ova p p ro v-aI--by-th-e OGED Dire thereafter -be completed in-accordancep..l..a-n . . Free-oii-s-h H -be remov-e44coa ity waste prior to Lan -d Treatment. c. O-i-1 -waste s h a a 1 --be d:----Gentamination of Sto ate Run -off, -g- -un-d—water, o —surface water t r-alk ore pre -vented e. Biodegradation shall be e n hsn ce-d-- loy,' ,nutri-e-nts, microbes, -water or other a-; eneirna ts, as appr PAGE 33 n -g, or addition of 2020-1782 ORD2020-12 f. Land -treated orated in place or b the -concentrations in Appendix-24-A-- When •it. Land Treatme interim Reclamation or on the surface disturbance remaining after interim Re amati-on, notice shall -be -p ided f -o the Surface Owner. —utilized for Oil and Gas oc- O-wner approval. When F. Other E&P Waste. Other E&P Waste from Pipelines, and ga disposed of as follows: 3 _ Director. = _ 21-5-455. 7 7 :ralized E&P Waste Management Facility; awed Class II injection Well; or O 4 Bated or A. Certain -wastes generated by oil and ga-related act+flies are non--E&P Vastes anc-a -n-ot of I -n accordan-ce with state and federu) regulations. pert y .—stances—of their generation. The hazardous waste regulations require t caste determination be made far --any non-E&P Solid Waste. Hazardous wastes require storage, treatment -and disposal prc with 6 C H IIIidered Solid Waste which require stagy s Sec. 21-5=4&5 - S al ec. 21-5-4 Is anc re eases. 7 4 -with the rules regarding Spills and Releas-e-s-s-et fart -in COGS C--Ru1e • • Operators ith-the rule -s regarding concentrations and sampling for soil and gfouu d -water set forth 1n COGCC Rule 31—M c. , i- g able. Sec, 21-5-47 • O■ • PAGE 34 2020-1782 ORD2020-12 Op QQ C Rule 912. {`' 48-0. - �f^ No fo 0 lowing is ---otherwise adcressed in he SUA or Memorancum o SUA, the Surface Owner -a -Notice static a. The Operator's name and contact-i--n-formation for b. A-s-ite diagram -or plat of the -proposed Well location -and -any associated roads -and production facilities; The date operations with h d _ acre--e-p cte and - The Surface Owner Notice shall be del-i-v-e-ra - y -hand; certified mail uan-receipt request . Electronic mail may �..1 •:d+ar or aoant at least sev h -e -a\,—. road or - erially impact surfac stimulating the Well. 3. Notice _ during irrigation season. If a WeI-I--i-s4o-b dri-Iled on - March 1 and October 31, the Open shall- ¢ac -T . mer r oerations with i-sti ng ad-oe-s-s between t at least coordinate drilling operations to avoid unreason -able -interfere activities. Final Reclamation notice. Not less than thirty (30) days before any final Reclamation perrnanent!y-i commence final Reclamati place, the Op - ace Owner. Final shall mean those Reclamation o-perations to be undertaken kugged and- aband ent, the Operator Owner ha ested- I-- -�_ �-- - -- consultatro hall provide comment of final Reclamation, inclu mix to be applied. lessee, or improvements that could -be affected by such proposed operation. ct _ to -the notices listed in t#- rati-ons :spa ri -f-ar (forts t -when the Surface ood-faith n ity to --n--e all aspects esired final Land Use and seed o the responsibility of ;ant farmer, -o -su4ace PAGE 35 2020-1782 ORD2020-12 6 the Surface Owner, s -agent, or, provided that a waiver by a from rescinding that -waiver if such rescission is in accordance y its agent ce-Owner Notice, post a sign public road \Nell, the legal location providingac-o, iereoz, anc _ie es_imatec Case commenceme Completion operations at the Well are concluded. Sec. 21-5-485. Setback& A. Wells. B time of initial drilling, a Well shall be not less than one hund-red ifty (150) feet from a surface -property line. The 1041 WOGLA Hearing Officer may grant an exception if it is not feasible for the Operator to meet this -minimum distance requirement and a waiver is obtained from the offset S r an except t or less 4back, the Ope--rotor may Oil and Gas Location to be approved by the 10 )fficer. Alternatively, the 1041 WOGLA Hearing Officer may a rove an emu^ ^fin bydetermining that potential locations outside the 500 -foot setback are technically infeasible or economically utficient mitigation measures (including, but not limited to, BMP's) will be employed to protect -public health, sa-fetx-and we'- -e. C. High Occupancy Building Unit: No feet or less fro cy Building Unit. D. Designated O l th C 11 r • School Facility and Chi -id Care Center Setback: No Well or Production Facility within one tiousanc (1,OC0) :eet or less from a Soh-oo Facility or Ch+ic Care Center, unless tie re evant School Governing Body agrees in writing to the loc , oduction Facility. F. Existing O; 9C ty i- to be addeo : Aar -determines alternative--o-cations outside are technically or economically impractica-ble and sufficien¢-ti-an measures are -in place to protect public health, safety, and we fare. PAGE 36 2020-1782 ORD2020-12 a The-area.s within these setbacks are known as the "Designator ao Losa ons with -I -pia —Designated Setback Location —may oecaur if the -4041 1, V--O-G-LA the --Operator will employ specific mitigation —measures to pote t+ ;- dverse impacts -to wildlife to the m a-i-m-um extent tech-n-i-c- a41-y---fea-s-i-ble and royal of the welfare, '1041 WOGLA Permit. 9 n." Oil and Hearing Officer may allow a he--or--sh-e determines that potential locations -outside -the applicable setback-a-re:echnicalty �ally i-m-p-ra-cti-ca o nd s, , ,pie n+ m i +inn m e uTes are in place to protect public le a-lthc fetyand wel rc Tie meal �rement fns- terminic� n� Designated Setbaok Location shall be -44e shortest-d-i-sc-a}nce between any existing or proposed Well or Production Facility or the, est edge or co n many Building Unit, nearest -edge or corner of -an � iii+, , nr rest be-un Surface dev t to a SW -A or site specific developm and mineral Owner or miner Cate future wed pursuant to a valid SUA or site I n 24-68- 4-02(4)(a), C.R.S., that establishes vested property rights as defined in Section 2 - 8-103-, C.R.S.) that expressly governs the location of Wells or production facilities on the surface estate. The following requiter Locations. is within Designated A. Eric a -oh in -g development. An Ode r -4s- n t re s po:n-s-ie--f-o r m it -t-i-o--Ym-eas u res in areas ere encroachin-g -I h o .red designated setback for the permitted OW and Gas Location following -the issuance of -a-1041 WOG -LA Permit. D -e igna-ted Setback Locations. n ac -be ween the Operator -and the perso B. of thi Locations: 1. Noise. Operations in -v t -h -e -use of a drilling rig, Light—I-ndustrial Zone, as measured at the near increases shall be alio . /able as described -in Section 21-5-435 of this -Article V. dition to tie mitigation measures agreed --fie uvsuant to Section 21-5-3-2-0 n measures shall apply in Designated Setback -term et forth in COG 'C Rule 604 c. (2) bc-(dosed----toop drilling systems - Pit restrictions), Q le --604— —(Z) _ --(green Completions - emission control systems), Rule 604 c. (2) E. (multi -Well pads), Rule 604 c. ( -v-.-(leak d-et-ection plan), Rule 604-c. (2) . • ,6-04 c. (2) H. (BOPE), Rule 604 c. (2)1. (BOPE testing for drilling operations), Rule 604 c. (2) J. (BOPE for Well ser, icing nr, +mss), Rule 604 c. (2) K. (Pit Rule 604 c. ern tests), P --u !e 94i PAGE 37 2020-1782 ORD2020-12 604 c. (2) N. (control of fire hazards), Rule 604 c. (2) O. (loadlin 7 CC - 7 fat 7 e4 7 Rule 6Cexisting Well pads -- C. Building Unit Setback. In addition to all items listed in Section- foflow+ng berm construction shall be required wi-t 7 mechanically connec 3. For locations within fiv- av for Tanks shall be constructed with a synthetic or ing to tertiary containment, such as anima Facilities. Ta n -ts s eta IzamMI De water body -,- required aroun �_-- Area, no more than two (2) crude oil or condensate -star -age ocated within a single berm. b to-afl-i�ems listed in Section 21-5-490 C., above, the ! be required for all Large UMA Facilities: 1. Required BMPs. a b _ hazards. Fluid lea and below ground on site fluid h -b-o-v-e quipmen-t. c. Zero flaring or venting of gas u 7 re d. Storage Tank pressure and fluid management. rep Officer. Sec. _ 2-1-&--Sate._.Jyy requirements. d., and 603 e. S.ec. 21-5-500. - Flood a ain requirements. l -e -s s -et forth in �' GC R PAGE 38 &03 c., 603 2020-1782 ORD2020-12 An Operator shall comply -with Article V-an-d-Ar' orlay District Area or a Spe maps officially adopted by the County. 21-5-545. - - Stormwater a -Pee .. As oart of the application for a 3 of this Code if -the rd Area identified -by 041 WOGLA Rarmit, an Operator must op -per, be granted and cam-p-w-ith a pplic-a _ hie requite -d Stormwater n tanag pursuant to Chapter 8 of this Code. Sec. 21 ace productio dfowin -eqp er +,yehicloes, a d-auppl�e- not �,� � for use on that and other waste material. The burning or burial of such material on the premises shall be performed in accordance with applicable -Local, stat a rg--e-p erm-its requited menu burned or bu my with the prior written All equipmect at drilling and production sites in geological hazar : -- -nS s-h-a-l-i be anchored. Anchors must be engineered to support the equipment and to resist flotation; collapse, lateral movement, or nce, and must comply with all requirements of arvy necessary geologic hazard recommendations and/or Flood Sec. ',1 r5-520. - Buffer Zone m -e3 „ /► A, 9 1°'1 1 9 „ fast thi -y _ (-3-0) days, but -no - o -re -than ninet s-(-90) „s, before the meAte-in, rig -up ("MlRU') o -a E.snit owners w the Buffer Zone if: (I) it has been more than one year since the previous notice or since drifting e-ctivity4a -t-occurred, or i -notice was not previously required. A. _ essor recordh cequested; receipt confirmation. entity the persons ent-ed to MIRU delivered by hand; cep ie0-;-m -th-return receipt req- e -ed; or by other delivery service with 1. A statement infoi-rn1ng the Building Un-it owner -Mat the-0pa r intends to-MIRL 43i, The Operator's contact inform -at -ion; County); 4. The approximate street addr-ess-of the proposed Well locations (street Number, Name, City); 5. The name an -c _ number of the proposed Wells, including the WOGLA permit number; 6. The anticipated-d-ate1-o-n-t _ , Yea MIRU; and PAGE 39 2020-1782 ORD2020-12 e RU No a receive M any time. Sac. 21-5-525. - P r e n -of -W4 i-ffe---Rem rc � A. ea -ring Officer shall Betermi necessary to Minimize Adverse Impacts from the proposed 0-i 4. _ 2. 3. _ to a -t f --approval are a the cts of unavoidable remaining impacts; and 4. Take into consideration cost-effectiveness a _ 3. A r oc-i pated- .o Resources; 4 �sibility regarding actions ar sources, the 1041 WOG LA factors, among other considerations: �s of the proposed new Oil and Gas Location; reduction of new surface disturbance; 5. The extent to whiff-l��u„ access ally feasible, and economically sites exist for the proposed new Oil and Gas Location; 6. The ex -tent —to which th 7. The extent to which tie and habitat fragmentation; 8,----The—extent--a—which residential, i-n-dustri-al, co cis-uroance associa.ec wi Sec. 21-5-530. - Other g 1 suc use. Subject to -exception by the OGED Di -rector for site requirements identified b=e A. To Minimize Advar-s r I e l 14J fe Resoi hoes; aDion m lY i 11ze-s S ,d Used for i aye es, and the existing operating roes, Operators shall plan new Ks and new oil and gas fa-cihties to minimize surface disturbance oerator's and access —points -to -the extant -practicable, cons-i PAGE 40 2020-1782 ORD2020-12 ny requiremen management agencies, Weld County's regulations, and SU B. Establish nevi and l= loodplains. C. _ ti -c -al construction w ri j -rim-n--a-r-oa s, streams, and cr Sa -5-535. Requirements in restrict A. •ts . A o -u ide of ripari-an zones rights-of-way--w-I feasible when planning ions, excel - 11 When -a' t h ooze d by or s consuitati-on; con demonstratio Comprehensive Drilling Ran; 4. I -n —t3 e event of --situations environment. S. maintenance, re -a-4 habitat improvements are not prohibits i-ifed habitat is not in fact present; or public xtepit to be avoided in �- �d ,fie Occ panc,� Areas, non -emergency workovers, and Pipeline ergency operations, Reclamation activities, or e-perform-ed with ad -verse irn t -o-t-h-spec n2 s -n -e-'oc-c-u areas. A. Subject to exception by the 104 BMPs, within Sens 1 Du i h -P� pe1tn and ar-e-g-rea whece4he ere mile intervals where the tie a «1e recomplet4ons, c &r on a schedule that minimizes d Surface Occupancy Area exists. Tie in sensitive r trenches a Officer for site speci-f+c reasons and cupancy Areas, Operators fined game tra 2. inform and educate em-plo-yees and contract including no- hsr-a-cs n -t tar-feel-aI- ifdI e— Al (1/4) ven Well pad before moving rigs to a new location. PAGE 41 2020-1782 ORD2020-12 A. 5. To the exte and roads -to- dis-urbance. Engineer new Pipelines to reduce Field fitting and reduce excess -eve right of -way widths and Reclamation. ci 8. Treat aste atePits and any a for breeding mosquito effective action to co 1-0. _ agencies. of so, ontaining water that provides a medium )—o-r take other spread Wes- c$-structure i-ntact, instead race Owner. managin 1-2. Post interior spee opriate. 1 v. _ e �� 1-5. Use rem -et tures an ue Owner. 7 priate. crooning :0 crea e sec us uction to the -.extent pract4cable. on areas, wiere Surface re s tora tion . Tie surface of tie land she- be re starec as near yaspcacticab condition at the commencement of drilling operations, including tops protection. B. OGED Di that a proo n -d et-oits se to believe inspection and may request hearing before +he Boa the 1041 WOGLA Permit pursuant to the procedure: and execute - prevention of significant ad' G. Surface Owner waiver. The Surface Owner has the right to waive Re conduct an onsite a70, above-, -re, including uirements rticle V, unless such Reclamation is deemed -necessary to protect public health, safety --as , vlfare, environment Id County, as deti Sec. 21-5-550. - Sits -pr 42 2020-1782 ORD2020-12 1. Fencing of drill sites and access roads on Crop Lands. During drilling operations on Crop se ineate eaci c ri site c ces. , and —access road -or ructed-- te. fence, or other equivalent method to discourage unnecessary 2. Fen -egg of re s e rve Pit , lives:oc-c is in le irnmeoia_e area anc is no. -eiced out "„ existing fe yes, the Operator -,-at the request of the Surface Owner, will install a fence around the reserve Pit. 3. Fencing of Well-S+—A-ft-er l- ng-o pe rati o C. _ S the request of the Surfa-- e Owner, will install a fence around the wellhead, Pit, and production gation. Soil --removal and segregation on cm on Crop Land, the Operator shall sepa another and mark or document stockpile locations to facilitate subsequent Reclamation, ganic content, cotor, texture, density, or consistency. Segregation ill be performed to _ the -extent practicable to a of six (6) feet or bedrock, whichever is shallower. 2. Soil removal and -segregation on non c -o pl-a-Rd. As -to all--exGayation---operations undertaker to facilitate subsequent Reo shall segregate the as-0-r-aani I separate and store the topsoil horizon i-ng- he soil horizon-sr4he-Gperator density, or consistency. 3. Horizons too rocky or too thin. When the soil horizons are too rocky or too thin for the Oper practicable and stored. Too rocky shall al -an that the soil horizon consists than thirty five percent (35%) 13‘, �� oli ime rock fragments larger +ham_ (t0 diameter. Too thin shall mean soil -h on - at a e less t -b n --six (6) inches in -thickness. Theme e� mar-emaining soils on Crop Land to the extent practicable to a depth of three (3) feet below the, ground surface or bedrock, whichever is shallower, based upon noted changes -in- h l -characteristics such as color, texture, density or consistency and suoh irsI Protection of soils. All st-c►�I . o s shall _ be protected contamination, compaction and, to the extent practi-cale, from wind --and water erosion during end to maintain soil �xi E microbial a -c -t -iiy-s-h-atl- -i rn- t nted D. Drill pad location. The drilling location shall be designed and constructed to provide a safe asonably m:n-imrzing-tne .o.a surface area cis.urraec. Consis:en.- bo-i-fh Viers and Well location orders and regulations, in !o-cating d1; -pads; r! u ate --the ire t e n ded—u s e . i f not on _ th ation obtainable that PAGE 43 2020-1782 ORD2020-12 practicable. 7 percent slop cumulative I Where -feasible, Operators shall use directional drilling -to -reduce In order to reasonably minimize In Sites, production fad. impacts on 1 /ildlife Reno err► _ 7 eliON to reason natural features, removal of surface materials, and contamination. a nz r hab14 erosi-e-n and minimize th bee n g-i n ee 'edkt tive impacts. 7 developing a Field. Where feasib! other land usage. To contractors, anc origin -a access roa access 7 streams shall be ass roads in ement e Operator, wide of t h e ure to restrict lease age or crop losses shall A Permit to rescission by the Board of County Commissioners Sec. 21-5-555. - Interim reclamation. mounts, including, but not limited to, concrete, sack bentonite and other drilling mud additive_ cable, as Well as -equipment associatec with the drilli-ng, re-ent-nyor Completion oper-ations shall b Article V. All Pits, cellar, rte+ holes and other hero hole , ,nnece ar r f her lease ie drilling Pit, will be backfilled as soon as possible after the drilling rig is released to conform with surrounding terr Completi -mans story to remove hem. Wien pe care shall b- If requested marked, in addition to I anchors left buried for future use shall be ide Floor -(4) fee s -en y possible after the are -installed, it shall not be hors are installed on cropland, p bright color not less than one (1) foot east of the -guy line anchor, --- PAGE 44 2020-1782 ORD2020-12 B. -nte amation of are -as subsequenteperatiorns, except —are -as reason perations to —be CT II disturbed area -s -Filling or needed for pr Lions or for e (12) months, shall be if final Land :ainec :o contra c us: anc ars in such depression and the land shall be reAeveled as close to its -original con -tear --as practicable. Interim Rec-I- cur no I-a-te h-a-n-t-h-ree (3) months on Crop Land or six (6) months on Non -Crop Land aft the OGED erioc because o conci:ions ou:sice -ne con:ro of .ie Operator. Areas-- ; -ao-!y needed for production operations or for subse-quent drilling operations e-commen-ce , within twelve (12) or -otherwise e in such -a --way as t -o -m i n i rn1zze dust a n -d -e lion --to the extent _ practicable. Owner and sha cros oe main subsequent Oil and Gas ons shall be n Crop Land, -tion operations shall be undertaken when the soil moisture at the- _ time of ripping -is -1e -!ow --thirty-five percent -(2 -5%) -of Field capacity. Ripping -shall be undertaken to a depth of es -and -to the extent bed rock is encountered at a shallower depth. a Drain - manner: spart 1. Drilling Pit closure -en Crop La-n4-a-n-d--Efh-i-n-1-0 lea r &= lood pl a in . On Crop --mod or wig de minimis Pit and disposed of in accordance with ,rti-cl-e V. Operators tors s h ern —t-he 4 meet the concentration levels of Appendix 21- . Drillin drilling fluids and c-uft+ngs, sh 1-l- e performed in-- -manner to not result in the -formation of an impermeable barrier. Any cuttings removed +he -fie+ d -eying shall be returned to the Pit prior to backfilling, and no more than d into the surface materials. After the drilling Pit it The oackfilling of the drilling Pit sna oe cone :o reurn ie soils to their original relative ges-"E c -Closing and Reclamation of Drilling Pits shal aid-Complet-on activities conclude. s of Appendix 21-A. Aft shall be backf i tleck-Materi-arts-re- prior to the backfilling. o more -than de m1 drilling D�+ �� s �fficiop+I py, the Pit for drying shall be returned to the Pit �p be--gin-c ted-into the it will be done to return the soils to the-i- original relative positions so that the muds aid associated solids will be confined to the Pit and not squeezed o i , sun ac na:eria s- C sure and 'ling Pits sh Completion activities conclude, weather permitting. Minh a -poked over any -remaining drill. PAGE 45 6 hree (3) feet of backfiUl cover shall be As to both Crop Lands and Non -Crop 2020-1782 ORD2020-12 over the closed dr--r -g and the rand shall be re 1 - o-n-madditional topsoil shall be added -to the- pression se to its origi E. Restoration and revegetation. When a Wei 1. Reveg r shall be replaced to and noxi-o sent before c established. is ur ands e tilled Dance sna De re - 7. RSV- ge n-ef-No C -FO -p-1 a dss. All-se-gregated sots horizons removed from Non -Crop Lands shall be replaced to their original relative positions w adequately to establish a proper seedbed. The disturbed area then shall be reseeded in the firs' v#th� he betwee rig demobilization. Reseeding with spe is encouraged. In the absence of an agreement finer as .o wia: seec slot, c De 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 d-isturbec area. In an Die Wells, in the absence of an the affected c� dace Owner, fhe-O for may upon --previous advice given by the local soil conservation -district in determining the paved, p-ractica e-ce Areas, excluding then all ground surface dis u -r ative cover h Erosion to the extent of e noxious a. Interim Reclamation Completion. The Operator shall notify the OGED Director with a mitigation measures performed, any changes, if applicable in the landowner's designated final Land ason facing and one A _ or nearby -undisturbed land or the Reference Area. Each photograph s . o amen We me, r��c oca:ion anc erection of view. the temporary access Code. Sees. $ sLMed pro w fall- ilte PAGE 46 2020-1782 ORD2020-12 A. Q irto P l- ss& C �-I e-p-wodu-G k n araes U G- - -cJu-gg-kbandonment of a 8 , al k --PP t s , m e u�- �'I- he � � Q �� - C . J _ JL- - �l athL[ , Irk---� I u n- R'4s s -n8 -c equ n -e at J � ov - �� MIrQ - , - n -t - �n g--rc-WeP . P� i-kaoce sW-uf, -sedi and -a b a n c e -d— M B s --and a G ne`---olast lu't3tn" - ess- d- Irk limed As —a -pad. ale c om restrac U P n- 9 --.rem--- entac s -s dads shall--lbo E m 'de the oC-- Jma Gcli-jander eoUko n 24 DAG a4 Inal-Pae-f - art' 6 n n-: - -c' V 4 --n vt/u'Shu 'UUd tNJ1 -,A-11` 7 piltowng_a—&fin extension -wino, e made -to �� beu Ir of ; Lo - IlP 0 S e -Su f as o' `, . A r� cr IC Ilr and -an C'lt`s GS- J -re -off e c4a4e4 r U � �S ILJS II II O Olaf/GIr J rat ��-t-� e-quip-Ie s, a -u- p Led. Thrr €S ti E hed r -®-AST s r f f rh--n-`�J`tr� S-aP the ,� t e , -f 1 rJ- ak-- --1,Al2--s ors.-o-h-Rion Pay -k nal1-- aarn led 4 --m th s-ar o r rU p-L'n. n4r e par te r. PT1- Th - �1ir-&st r1 .Rr 1 q q /�Lcc sn n° � L J L �r d� �a T iii 1Y-LGiJ cl i'a-„- CJ "-L eo a m-� R4oef he nat aJ cov ng season iroel-u-oti e cn--a .-art U u49. p4 a are .inc--CD—s -a coonp-\ birth te n-24,1- 4,n-94c)--a-production 5-` e , Acs . .� -- � a or- � c� cL P V -V- P - r� r-< r spe:a'�--{006E,4-L o -r --- he Pt ray L -o p. al -R Aiatk , 0. Ater a - --r ma t c ste is m -o ,- ` or -1 --e , -al-suh Pits -must be Lc et-fil-letlitratPa f g -t G L; r -Me- s. - h -C rol c r -ner enC re,' - a , _ lig 1 -a ren-& * se -Ws 49Ver---GrGeed- At2-a-t- r- , aJ `-0 , On 141 p s oir ` -err,-L e --c' • lei _ to -pie I n-arriel _ the -1a „ i, 1e s e4 -as o -- --oe rigA co- -a acticatale. th Reol-am-aVe-n-th h -o -d - -cr- c4 -81, — s —a ? F4anci ; --Ss o ----R fa t4-en ` -a coop--rel woe's P> ; GP -G - = 2. _ r -m n --rehas---bee c se-asens-.- h— on peg Re -a-n- ? the QL fro or has 0 n d , RssO a If !1-U lJ tU o -f �l l! as -10 e e U u-pe Y U U d-- J iii -1 e ela ll v " 6 r u� GV S , pha r f `Herne -s tSkz- -- _n-such--a-wy---as4o ti m1 rosto-The o e, c-a-caC esta bl hat -re 6 re -d - 2 o or J L '�.,, V � J'v„s u u � e.d � � � , y � r5 u o�J �, -percent � �ti�_,e j -M- u �1�� i6�1 ��, '��s u � /J p4: J1:1 � I `k-�U � U UU ��J ev IIS, _`x4 ;L GAL _rasa rr 4-�-n d -he 0 'keest- r `i�"-v-a-` ' er has _ been �[ e -A 50 t„L1O5 , sfruS,, _ � rPrdr - J ass Hi* _ percent te gi of rbace-diStaandee o r D&G, ILar naed-ar -1- -c reiaf-v � u �y for i3 �11 � ✓ B�H��PS �JC ,tio-n-o-f-a-diacent I F Di -A CC , -i ![ a c ��r-;r� �e � -� 8� � -� kb -a -deemed �, �� 9 �� I� - Vai ed w� � he- fraS ace -ac -a -reason -alb, sp-a-f-e up ao -- - ceodirsthagoe-- and Use . p e-dss a ! V U U�� res a J J r-dcrib e the f i Samati n cab -e� U l4 V ll lv! Il rd t 1•. n If�e U s c s g-neI S.+ b k -v' v' A-f-iu-R-e `� rte, i ur �-ee f o i - -el T- e V �J11 J�Z�g `'��J 1(-`V�I��I L tl 9 PAGE 47 2020-1782 ORD2020-12 Operator, and a fina c o- ts a n-d-i-n ssues as determined by the OGED Q re- te upon, compacted, cover d� ved, Erosion, or a uniform vegetative cover--has-bean establi Reference Are 0 equivalent pa al -one is insu fi-ant— r afar erosion r REPEAL AND RE-ENACT ARTICLE V - Guidelines and Rec nd all disturbed areas have-eeen eithcr—buitt d in such a way as to nn1mtze re-distur ance or i cant cover of at least ei-gy ing noxious weeds, or ulations for Oil and Gas Ex oloration and Product9on in the Unincorporated Area of eid County (Designated as Mineral Resource Area ,, 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) Areal through the authority delegated to Local Governments in Section 24-65.1- 202, C.R.S. Such designation is contained in Section 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 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, G.R.S., including authority to adopt the Weld County Home Rule Charter to ensure self- determination and to promote the health, safety, security and general welfare of the people of Weld County; and all of the authorities granted to Local Governments in Title 34, Article 60, C.R.S. and in particular all of the amendments thereto included in S.B. 19-181. The purpose and intent of the 1041 WOGLA 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. Encourage 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 (Oil and Gas) Area in Weld County; E. Protect air quality in Weld County; PAGE 48 2020-1782 ORD2020-12 F. Protect the environment and wildlife in Weld County; G. Promote the efficient and economic use of public resources in Weld County; H. Protect and administer the Weld Mineral Resource (Oil 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 exploration and production would cause significant danger to public health, safety, welfare, environment and wildlife in Weld County; I. Balance the protection, mitigation of damage to and enhancement of environmental resources with the exploration and production of oil and gas within the Weld Mineral Resource (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. 21-5-20. Definitions. In addition to the terms defined in Sec. 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: 1041 WOGLA Hearing Officer: means the Oil and Gas Energy Department Hearing Officer and may also be referred to herein as the "Hearing Officer." 1041 WOGLA Permit: means a 1041 Weld Oil and Gas Location Assessment permit issued pursuant to this Article V. 1041 WOGLA Sundry Form: means a multipurpose form supplied by the OGED used by the Operator to request approval, propose amendments or provide notice of various operations on any Oil and Gas Location located in the Weld Mineral Resource (Oil and Gas) Area. It may also be referred to herein a "Sundry Form." 1041 WOGLA Zone: means a boundary measuring one thousand (1,000) 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." Application: means the 1041 WOGLA 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 purpose of 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. PAGE 49 2020-1782 O RD2020-12 Base Fluid: means the co race. Tong. nrinuous phase fluid type, such as water, used in a C lydraulic Best Management Practices (BM s): means practices that are designed to prevent or reduce ipac s ca 1 fsed by OH and Gas Operati`%ns to aft, water, soil, or bio hfrimize Adverse lm Wildlife Re u ices. Pacts to public health, safety and we Building Unit: mea is a Reside that is ntial F3ui sed for business or commer CDPHE: means the Cob Ia fo? ocjca resurcesand to fare, including the environment and ding unit, as defined rposes that is normal rado Department of Public l _ l n this Article V, and any by gild hngJ occupied during working hou calth and H vironment. 4� Che'd anicafS : means a t ele rs. ent, Chemical compound, or mixture of elements or compounds that has its own specific flare or klentity such as a Chemical abstract service rimber whether or not such Cher ica! is su°bpect to the Pequirernents of 29 C.F.R. Sectior '910.1200(O2) (2011). Child Care Center: -flea C ild Care Center as (Defined in Section 20-6-102(5), C.R.S. , that is in operation at the time of the '041 WOGLA Permit notice pursuant to Sections 21-5-r below. A Child Care Center will inc ude any associated outdoor day areas adiacenlo or directly. accessib e from the center and is fenced or has nature barriers, such as hedges or stationary walls, at east fou r (4) feet high demarcating its bounder Classified Water Supply Se i men . mean waters dassmed as beonq suitable or fl the Colorado Water Dity Control Commission, pursuant to s perennial or intermittent streams, which are su ?ace tended to become suitable for potaCt e water sL pp ies by t ie asic btanda ids and Methodologies for Suniace Water egulations (5 C.C.R. 10►02-31). Closed Loop System: means a mechanical system that separates liquids and solids during drilling operations to e inmate the need for reserve pits. COGCC: means tie Colorado Oil and Gas Conservation Commission. Completion: An OH We shall be co isidered completed when the first new oil is produced througH weilnead equipment into lease Tanks or LACT unit from the L1tDmate producing interval after the oroducticY, string has been run. A Gas Well shall be consicle red completed wrieri the We l is capab e of producing cos through we head eouiprnent frim the jCtir ate produci rig� zone after the prothuct.On string has been run. A Dry Hole shall be considered Completed when all provisions of pluggi eg; are c.mplied wi:h as set out in these rules. Any @i`r'e 'revious y defined as an OH Well or Gas We D shall be considered cornoleted ninety ) days after reaching total depth. l f approved by the &GED D Director, a Well that requires extensive testing snail be cor sidered comp whichever is later. Corn rehensive Development Plan: means a plan covering future Oil and Gas Operations in eted when t e drilling rig is released or six mont a defined geographic area wit r- in a geolopic basin. __ne plan she is after reaching total depth, (a) identify natural features of the geogra hic area, including vegetation, Wildlife Resources, and other attributes of the physica environment; Goj describe t e Operator's future OH and Gas Operatio s in the area; r identify potential irrnparts from such operations; (d) develop agreed -upon measures to av -cl1 gninimoze and mitigate the identified potential impacts; and (e) ire] _ de other relevant inforn Comprene live Devebopmell Vt 0 an must be ap Drove° by _ the 104' f ea ring Officer a ratio d sha A be valid for a period of up to ten /0) years, as recommended by the OG(H D Director and approved by the Hearing Officer, unless extended oy the 1041 WOG _A 1 gearing Officer. Cmprehensive Development Hans may a so be referred to herein as a "COP." PAGE 50 2020-1782 ORD2020-12 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 stored, transported, treated, disposed of, or otherwise handled. Examples include, but are not limited to, drums, barrels, totes, carboys, and bottles. CPVV: 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. 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 a Local Government, which the 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 Gas 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: 1. Ancillary Pits used to contain fluids during drilling operations and initial Completion procedures, such as circulation Pits and water storage Pits. 2. Completion Pits used to contain fluids and solids produced during initial Completion procedures, and not originally constructed for use in drilling operations. 3. Flowback Pits used to contain fluids and solids produced during initial Completion procedures. 4. Reserve Pits used to store drilling fluids for use in drilling operations or to contain E&P Waste generated during drilling operations and initial Completion procedures. Enhanced Recovery: means a technique of recovering additional oil and gas from a mineralized zone by infecting fluids in an effort to force more of the hydrocarbons to a Well. EPA: means the Environmental Protection 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. PAGE 51 2020-1782 ORD2020-12 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 wastes derivec from the production stream along the gas plant feeder Pipelines are considered E&P Wastes, even if a change of custody in the natural gas has occurred between the wellhead and the gas plant. In addition, wastes uniquely associated with the operations to recover natural gas from underground storage Fields are E&P Waste. Field: means the general area which is underlaid or appears to be underlaid by at least one (1) pool; and "Field" shall include the underground reservoir or reservoirs containing oil or gas or both. The words "Field" and "pool" mean the same thing when only one 1) underground reservoir is involved; however, "Field," unlike "pool," may relate to two or more 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 or 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 DFIRM, FIRM and FBFM maps. Flowback: means the liquid used in Hydraulic Fracturing operations that 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 and processing equipment to the load point or point of delivery to a U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration or Colorado Public Utilities 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; PAGE 52 2020-1782 ORD2020-12 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 Section 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 2. For charter Schools, the School must have been approved by the appropriate School district or the State Charter School Institute, Section 22-30.5-505, C.R.S., at the time is receives a 1041 WOGLA Permit notice pursuant to Section 21-5-315.B., below, and the School 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 Office of the Colorado Secretary of State at the time it receives a 1041 WOGLA Permit notice pursuant to Section 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 Government building and planning office. Gas Facility: means those facilities that process or compress natural gas after production - related activities which are conducted at or near the wellhead and prior to a point where the gas is transferred to a carrier for transport. Gas Storage Well: means any Well drilled for the injection, withdrawal, production, observation, or monitoring of natural cas stored in underground formations. The fact that any such PAGE 53 2020-1782 ORD2020-12 Well is used incidentally for the production of native gas or the enhanced recovery of native hydrocarbons shall not affect its status as a Gas Storage Well. Gas Well: means a Well, the principal production of which at the mouth of the Well is gas, as defined by the Oil and Gas Conservation Act of the State of Colorado ("the Act"). Gathering Line: means a gathering Pipeline or system as defined by the Colorado Public Utilities Commission, Regulation No. 4, 4 C.C.R. 723-4901, Part 4, (4 C.C.R. 723-4901) or a Pipeline regulated by the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration pursuant to 49 C.F.R. Section 195.2 or 192.8. 49 C.F.R. Section 195.2 or 192.8 and 4 C.C.R. 723-4901 in existence as of the date of this regulation and does not include later amendments. 49 C.F.R. Section 195.2 or 192.8 and 4 C.C.R. 723-4901. Additionally, 49 C.F.R. Section 195.2 or 192.8 may be found at https://www. phmsa.dot.gov, and 4 C.C.R. 72.34901 may be found at https://www.sos.state.co.us. Groundwater means subsurface waters in a zone of saturation. High Occupancy Building Unit: means any Nursinc Facility as defined in Section 25.5-4- 103(14), C.R.S., Hospital, Life Care Institutions as defined in Section 12-13-101, C.R.S., or Correctional Facility as defined in Section 17-1-102(1.7), C.R.S., provided the facility or institution regularly serves fifty (50) or more persons. High Priority Habitat: means the high priority wildlife habitat areas in Weld County identified in Rule 1203 of the COGCC Rules. HMWMD: means Hazardous Materials and Waste Management Division of the CDPHE. Hydraulic Fracturing Additive: means any Chemical substance or combination of substances, including any Chemicals and Proppants, that is intentionally added to a Base Fluid for purposes of preparing a Hydraulic Fracturing Fluid for treatment of a Well. Hydraulic Fracturing Fluid: means the fluid including the applicable Base Fluid and all Hydraulic Fracturing Additives, used to perform Hydraulic Fracturing. 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. LACT ("Lease 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. Land Application: means the disposal method by which E&P Waste is spread upon or sometimes mixed into soils. Land Treatment: means the treatment method by which E&P Waste is applied to soils and treated to result in a reduction of hydrocarbon concentration by biodegradation and other natural attenuation processes. Land Treatment may be enhanced by tilling, disking, aerating, composting and the addition of nutrients or microbes. 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 one thousand (1,000) feet from the Oil and Gas Location. PAGE 54 2020-1782 ORD2020-12 Local Governmental Designee ("LGD"): meals the office designated to receive, on behalf of the ocal Government, copies of all documents required to be filed with the _GO pursuant to these rules. Mineral Owner means the perso Pi who has the right to drill into aid 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 :+as, 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 ildlife Resources, including cumulative imdoacts where practicable and minimize tre extent and severity of those impacts that cannot be avoided, mitigate the effects of unavoidable remaining impacts, regarding Development Stancarcs anc actions and decisions taken to Minimize Adverse impacts from Oil and Gas O aerations. See Section 21-5-525. Minimize Erosion: means implementing BMPs that are selected based on site specific conditions and maintained to reduce erosion. Representative erosion control practices include, but arc not limited to, re-vegetadon of disturbed areas, mulching, berms, diversion dikes, surface roughening, slope drains, check dams, and other comparable measures. Mitigation with respect to Wildlife Resources: means measures that, in instances where alternative siting is not feasible, compensate for adverse impacts to such resources, including, as appropriate, habitat enhancement, on -site habitat mitigation, off -site habitat mitigation, or mitigation banking. Multi -Well Pits: means Pits used for treatment, storage, recycling, reuse, or disposal of Eat? 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. OGED Director means the Director of the Weld County Oil and Gas Energy Department, or his/her designee. Oil and Gas Facility: means equipment or improvements uses 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 - natural gas and Pipeline e petroleum products other than natural gas, as those terms are defined in Chapter 23 of this Code, and all other Pipelines and Flowlines used or installed at the Oil and Gas Facility. OH and Gas racility 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 for the purposes of obtaining a 1041 WOGLA Permit. 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, recompletingjeworking, injection of fluids for I _ nhancec Recovery, or abandoning a Well; producing operations related to any Well, including installing Flowlines; the genera ing, transporting, storing treating, or disposing exploration and production wastes; and any constructing, site preparing, or reclaiming activities associated with such operations. PAGE 55 2020-1782 ORD2020-12 Oil Welk 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 P&P waste, such as soil, frac sand, drilling flOds, and pit sly idge that contain hydrocarbons. Operator: [means any person who exercises the right to contr ti e conduct of Oi► and Gas Operations. An U()orator m ay be an Apolicant for a 104' WOGLA Permit. —he Operator may be referred to hereon as he "1041 WO LA Permittee" or "Applicant." Operator Registration: means tP e process to\ which a person, company or other entity 1 u s submitted are Operator Fte ,istratoo Fo ",o the OGHD Director. Operator Regis trati • n sha 1 be camp eted on a form provided by OGED and shall be kept on record so long as the person, company or otr-er entice has operational Wells, Oil and Gas Pad ides or Oil ano Gas Locations in \Afe 1 County. Person: means any natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardia n, fiduciary, or other representative of any Id id. Pipeline: for this Article V, means a Towline, crude oil transfer line or Gathering ine as defined herein. Pit: means any natL ra l or man—made depression in the ground used for oil or gas exploration or product io L purposes. Pit doesot include = resh Water Pits, steel, fiberglass, concrete or other similar vessels w.nict' do not Re ease tneir contents to surrounding soils. Plugging rind Abandonment (P&A): means the cementing of a Wen, the removal of its associated ProdJction haci_lities, the abandonment of its Flow ine( , and the emediatin are -d Reclamation of the wellsite. Point of ConCom /la ice: means one ` ) or more points or locations at which compliance with apolicablo Groundwater standards est'blis hed under Water Quality Control commission Basic Standards for Groundwater, Section 3.11.4, must be achieved. pollution: means ma physical, Chemical, bio n -made or man -induced contamination r other degradation of the ogical _ or radiological o ntegrfity of air, water, soil, or biological resource. Production Facility: means any storage, se paralio supple, compression, pu with a WS. roping meterih - in, treating, dehydration artificial Hit power g, monitoring, and other equipment directly rsociated Production Phase: ail those activities on an Oil and Gas Location related to production that occur after the Wells arc first turned o sales, or interim Reclamation has beer performed accordance with Sec. 2i-5555 of this Article V. Production Pit: means a man-made depression in the .round that is lined with an omjDermeab e substance which is used after drilling operations and initial Corrpletio2 of a well. Production pords include: . Produced Water Pit: means a man-made depression ire the ground that is lined with an i- oermeable sL bsta� ice used to temoorarily store Produced Water prior to in.ection to enhanced recover or disposal3 off -site transport, or sur₹ace-water discharge. 2. Evaporation Pit: means a Tail -made depression in the ground that is fined with a impermeaole substance used to contain Produced eaters which evaporate into the atnnosaorere by natural thermal forces. PAGE 56 2020-1782 ORD2020-12 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 o r other constructed conveyances, if such systems have at least fifteen (15) service connections o r regularly serve an average of at least twenty-five (25) individuals daily at least sixty (60) days o ut 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, whicn are used primarily in connection with such system. The definition of "Public Water System" does not include any "special irrigation district," as defined in Colorado Primary Drinking Water Regulations (5 C.C.R. 1003.1). Reclamation: means the process of returning or restoring the surface of disturbed land as n early 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 Sections 21-5-555 and 21-5-560 of this Article V. Reference Area: means an area either (1) on a portion of the site that will not be disturbed by Oil and Gas Operations, if that is the desired final Reclamation; or (2) another location that is u ndisturbed 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 E&P Waste to the environment over time. Remediation: means the process of reducing the concentration of a contaminant or contaminants in water or soil to the extent necessary to ensure compliance with the concentration levels in Appendix 21-A of this code and other applicable 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 operations 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 temporary occupancy, or for business purposes. PAGE 57 2020-1782 ORD2020-12 Responsible Party: mews an owner or Operator who conducts an Oil and Gas Oaeration in a manner which is in contravention of any then -applicable provision of this Code, or order of aidte Hearing Office r,_ or of any permit, that threatens to cause, or actually caases, a significant adverse environmental imt)act to any air, water, soil, or bvolocical resource. Responsiole Part/ inc ides any person who disposes of any other waste by miring it win exploratio - and production waste so as threaten to cause or acts, ary cause, a significant adverse environmontal impact to any air, water, soi , or biological resource. Riser: means the corn anent of a Flowline transitioning from below grade to above grade. School: means any operating Public School as defined in Section 22-(-703(4), inc .ding any Charter Schooras defined in Section 22-30.5-1032), C.R.S., or Section 22-30.5- 502(6), C.R.S., or Private School as defined in Section 22-30.5-103(6.5) C.R.S. School facility: means and/ discre'ce facility or area (property), whether indoor or outdoor, associated with a School, that students use commonly as pad of their curriculum or extracurricular activities. A School '-acility is either adjacent or wned by the School or SchoGoverning Body, and the School or School Governing Body has the fecal right to use the Sc',00l Cacility at its discretion. The definition includes Future School Facilit. School Governing Bod' : _ means the School district board or board of directors for pat) is Schools or the ooard of trustees, board of directors, or any other body or person cnarged with admi ~,istering a private School or group of private Schoo s� or any -body or person resoonsil e for admi ~ isterinq or operating a Cnild Care Center. A School Governing Body may de egate its rights under those rules, in writing, to a superintendent or other staff member, or to a ad ninistrator of a School that is in oroximib to the pr posed Oil a rincioal or senior d Gas Location. Sensitive Area: means an area vulnerable to potential significant adverse Groundwater impacts, due to factors such as the presence of shallow GroL dwater or pathways for communication witn deeper Groundwater; proximity to surface water, including lakes, rivers, perennial or intermittent streams, creeks, irrigation canals, and wetlands. Additionally, areas cia> ssified for domestic use by t he Colorado Water Q a ity Contra Commission, local (water sup ply) wellnead protection areas, areas within one-eightrt (1/6) mile of a domestic water Well, areas witnin neaquarter (1/4) mile of a public water supply Wen,_ around water oasins designated y the Colorado Ground Water Com emission, and surface water supply areas are Sensitive Areas. When the Operator or OG7Director has oata that indicate an imoect or threat of impact to pro nd water or surface ‘A/8 ter, the OGED i Director may require the Operator to make a Sensitive Area determination and that determination shah be subject to the OGLD Director's a ooroval . The Sensitive Area determination shall be made using appropriate geologic and hydrogeoloqic data to eva uate t le pate ntial for impact to ground water and surface water, such as soil borings, tFonitoring s, or percolation test, that demonstrate that seejoage will not reac unde P ying groundwater or Waters of the State and impact current or future uses of these waters. Operators shaG submit data eve uated and analysis used in the determination to the OG C Director. Operations in Sensitive Arcas snail incorporate adequate rneasares and controls to prevent significant adverse environmental ornpacts and ensure _compliance with The concentration levels in Appe 2dix 21-A of this Code, with consideration to WOCC standa:ds and classifications. Site Analysis: means the comprehensive planning process oorformea by the Applicant whicn considers he site the App .cart intends to deliver to Staff inside of a '041 WOGLLA [ ermit Application against one or more alternative sites considered by the Applicant in terms of protecting public health, safety, welfare, environment and wil ;llife. The Site Analisis, beginn_hg with ne pre-aap_plication meefinca, must descrioe how the AQrp1icant's proposed location is superior to otfiler PAGE 58 2020-1782 ORD2020-12 alternatives considered by the Applicant in terms of protecting weld County's residents, resources and infrastructure. Ahriough it is not incumbent upon an Applicant to describe a certain number of a ternatives that were considerea again nst the Ajpolicant's chosen site, it is Jotenera y expected that in the Ag=Rural Planning Area an Aaplicant have one (1) or more alternatives within the anal 9sis that the Applicant demonstrates as infetior. In tre NearNUrbafi Planning Area _ it is expected that a more fulsome Site Analysis will be performed that includes a minimum of three 0) alternatives. n botn .Manning Areas, the Site Analysis may include more alternatives if the Applicant's chosen site has the fallowwg cultural ite tts within a ne thousand (` ,000 feet of the Applicart's chosen site as measured from the Disturbance Area to the cL ltural itenn : [`wilding Lynits, G ligh Occupancy Dui ding i hits, hospitals, Schools cnurches, Sensitive Areas, HO Priority Habitats, local g.verneel boindaries, and water resources including lanes, ponds, rivers, and ditches. Conversely, in botr2 .plan ling Areas the Site Analysis may include fewer a ternatives (including no alternatives i tine Ag- _ ura anning Area if there are no cultu ra items withi one (1) mile of the Applicant's preferred site. Solid Waste: means any garbage refuse, sludge from a waste treatment plant, water supply p[art air pollution control facility, or other discarded rmateriai; including so id, lice, id, semisolid, or contained gaseous material resulting from industrial operations, commercial operations, or community activities. So id Waste does not include any solid or dissolved materials in dmastic sewage or agricultural wastes, or solid or dissolved _ materials in irrigation return flows _ r industrial discnarges which are point sources subject to permits under the provisions of the Colorado waver Quality Control Aot it e 25, Article 8, C.R.S. or mate Pials hand ed at facilities licensed pursuant to the provisions a �n radiation control in Title 25, Article 11, C.R.S. So id waste does not includc: (a) materials nand d at facilities licensed pursuant t0 the provisions on radiaiars contra? in -Me 25, Article 11 C.G .S.; (b exclude° scrap metal that is being recycled; or Cc) snredded circuit boards that are being recycled. Solid Waste Disposal: mea ns R 're storage, treatrtent utilization, pr0cessinng, or final disposal of Solid wastes. Special Purpose Pits: means Pits used in OH and Gas Operations, irc ding Pits related to Produced Water Flowlines or associated with F;P Waste from, gas gatherin storage facilities, wnk;I I constitute: 1. Slowdown Pits used to collect nnaterial resulting from, includi ma emptying or depressurizing of wells, vessels, or °lowlines, or systems. 2. Hare Pits used exclusively +tor flaring gas. Basic Sediment/Tank Bottom Pits used to temporarily store or treat the extraneous processing and id lout not limited to, the materials in crude of which may settle to t n Waste from gathering ie bottoms of anks orjoroduction vessels and wiich nay contain esidual oil. 4. Workover Pits used to contain liquids during the oerformnance of remedial aerations on a 3roducinq well to increase production. Pluggin Pits used for containment of fluids encountered d uring the plugging process. Spill: means any unauthorized sudden discharge of E&P Waste to the environment. Spud: means to soar the well drilling process by removing rock, did, and other sedimentary erial with the drill bit. PAGE 59 2020-1782 ORD2020-12 Storm water Runoff. 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 Gas Location or Oil and Gas 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. Surface Owner means any person currently owning all or pad of the surface of land upon which Oil 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 purchase. Surface Use Agreement ("SUA"): means any agreement in the nature of a contract or other form of document, signed by the landowner and notarized, binding on the Operator, including any lease, damage agreement, waiver, Local Government approval or permit, or other form of agreement, which governs the O3erator'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 ESOP Waste. Examples include, but are not limited to, condensate Tanks, crude oil Tanks, Produce. Water Tanks, and gun barrels. Exclusions include containers and process vessels such as separators, heater treaters, free water knockouts, and slug catchers. Turn -in -Line: means a well turned to sales, and may also be referred to herein as "T1L." USDA: means the United States Department of Agriculture. Use: means any purpose for which a structure or a tract of land may be designed, arranged, intended, maintained or occupied; also, any activity, occupation, business or operation which is carried on in or on a structure or on a tract of land. The term may also be referred to herein as "Land Use". 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, a Gas Storage Weil, or a Well used for the purpose of monitoring or observing a reservoir. Well Site: means the areas that are directly disturbed during the drilling and subsequent operation of, or affected by Production Facilities directly associated with, any Oil Well, Gas Well, or insection Well and its associated Well pad. Wildcat (Exploratory) Well: means any Well drilled beyond the known producing limits of a p ool Wildlife Resources: means fish, wildlife, and their aquatic and terrestrial habitats. PAGE 60 2020-1782 ORD2020-12 WQCC: means Water Quality Control Commission of the CDPHE. WQCD: means Water Quality Control Division of the CDPHE. All Other Words used herein shall be given their usual customary and accepted meaning, and all words of a technical nature, or peculiar to the oil and gas industry, shall be given that meaning which is generally accepted in said oil and gas industry. Sec. 21-5-30. ' .pp c_:abiIity 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 Development Standards set forth in Division 4 of this Article V and provides compatibility with Uses located within one thousand (1,000) feet of the Oil and Gas Location (including School Facilities and Child Care Centers within one thousand (1,000) feet of the Oil and Gas Location). The 1041 WOGLA Permit is designed to protect and promote the health, safety, and welfare of Weld County's citizens, environment, and wildlife. B. A 1041 VVOGLA Permit is required after August 5, 2019, for the construction of an Oil and Gas Location in all zone districts. Existing approved WOGLA's as of August 5, 2019, are not required to obtain a new 1041 WOGLA Permit and are not subject to the Development Standards as set forth in Division 4 of this Article V. 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 21-5-340of this Article V or following appeal to the Board of County Commissioners pursuant to Section 21-5-340.E. of this Code. This applies to: 1. Any new Oil and Gas Location, meaning surface disturbance at a previously undisturbed or fully reclaimed site; 2. Surface disturbance for purposes of permanently expanding an existing Oil and Gas Location beyond the originally disturbed area; and 3. Any major change to an existing Oil and Gas Facility or Oil and Gas Location as outlined in Sec. 21-5-360. E. No 1041 WOGLA Permit or 1041 WOGLA Sundry Form shall be required for: 1 An Oil and Gas 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 COGCC which materially expand the on -site equipment beyond what was on the originally submitted Form 2A a 1041 WOGLA Permit or Sundry Form will be required, and this exemption will not apply. 2. Refracs, recompletions, or routine Well Site operations, including, but not limited to, swabbing, workovers and normal repairs and maintenance of an 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 Facility or the Oil and Gas Location. PAGE 61 2020-1782 ORD2020-12 4. Repairs or maintenance of an Oil and Gas Facility required by a state or federal compliance order. 5. Facilities permitted, constructed, operated and maintained pursuant to Chapter 23, Article II, Divisions 4 and 11 of this Code, including all Oil and Gas Support Service, Pipeline - Natural Gas, and Pipeline - Petroleum Products Other Than Natural Gas Facilities. 6. However, other permits or agreements may need to be obtained for the activities listed above, including those permits or agreements listed in Sec. 21-5-320.C., as well as any applicable State or Federal permits. F. Any person or Operator filing an Application for a 1041 \NOGLA Permit shall com DI y with the procedures and regulations set forth in this Article V. G. Any person or Operator filing an Application for a 1041 WOGLA Permit shall comply with Article V and Article XI of Chapter 23 of this Code if the proposal is located within any Overlay District Area or a Special Flood Hazard Area identified by maps officially adopted by the County. H. Applications for a 1041 WOGLA Permit shall be completed as set forth in Section 21-5-320 of this Article V. The completed Application and application fees shall be submitted to the OGED Director. I. The review, consideration and issuance of a 1041 WOGLA Permit is an administrative hearing process and is exempt from the definition of development set forth in the agreements contained in Chapter 19 of the Weld County Code. However, oil and gas exploration and production in Weld County is considered development as that term is defined in Section 24- 65.1-102(1), C.R.S. As such, Section 24-65.1-108, C.R.S., is applicable to permitting of oil and gas development in Weld County. J. Information regarding the status of or facts and circumstances regarding an approved 1041 WOGLA Permit, including any desired chances or modifications, may be transmitted by a 1041 WOGLA Permittee to the OGED Director via electronic means. c 2 -5=4Cm R &aU nsh]rp of 1041 WOGLA Requla ttons to other county, state, and federal ry� ]f/y+�+ j r�o7� �{ ` �( �Y�+�q+ K'�' y� '-� ��,"l[, r:rrt a Y �ro7l III ,dp�q (fir ,.� o �/��q�� production. ///��• Ip1 '/jpp ■ ®e��I ,nre l'd ,��7n4's a�Ye�L7 i<a n'�I off and as exp ora�'jllon and prV'dt Vetion■ A. Nothing in these 1041 WOGLA Regulations shall be construec as exempting an Applicant for a 1041 WOGLA Permit from any other requirements of this County. B. As stated in Section 21-5-10, above, these 1041 WOGLA Regulations are written, in part, according to the authority granted exclusively to Local Governments in Subsections 29-20- 104(1 }fig) and 1) h), C.R.S., and are intended to address the following areas and topics regarding oil and gas exploration and production in Weld County: 1. Land Use; 2. The location and siting of Oil and Gas Facilities and Oil and Gas Locations; 3. Impacts to public facilities and services; 4. Water quality and source, noise, vibration, odor, light, dust, air emissions and air quality, land disturbance, Reclamation procedures, cultural resources, emergency preparedness and coordination with first responders, security, and traffic and transportation impacts; PAGE 62 2020-1782 ORD2020-12 5. Financial securities, inoemnification, and insurance as appropriate to ensure compliance with these 1041 WOG LA Regulations; 6. All other nuisance -type effects of oil and gas development addressed in these 1041 WOGLA Requ atins; and 7. Otherwise planning for and regulating the use of land so as to provide planned and order y use of land and protection of the environment in a manner consistent with constitutiona.� rap hts r. Because these 1041 WOGLA Regulations are written pursuant to the authorities granted to We d County in the AASIA and specifically the express authorities set forth in Sections 24- 65.1-202 and 24-65.1-402, C. R.S., to adopt guidelines and regulations Governing oil and gas exploration and Production it `veld County, to the extent these 1041 WOG,A Regulations are inconsistent with the regulations of the COGCC °CC regardinq ay of the areas and to oics regaroing oil and gas exploration and production in Weld County listed above, these 1041 VV _ G _A Regulations control. C. Pursuant to Section 3L-60-131, C.R.S., it is the intent of the Board of Counjy Commissioners to regulate oil and gas exploration and production in Weld County cooperatively with the COGCC, deferring regulation of tie areas and llopics regarding oil and gas exploration and production not addressed in these 104/ WOG&A Regulations to the COGCC. Seca 2` -5-5C. Operator RegStratIon. Prior to construction or o_perapion of facilities related to upstream Oil and Gas Qporations an Operator shall submit a One- ime Operator Registration Form provided by the OGED Director. Dovo&oori 22 = Jesfl ratoon of area of state nteresli Sec. 2/_-5-200. Je irrat ocr of the entire Lfirdincorporated area of Weld County as a reoonerra resource looil and gas) area O1 state rnterresto the Board of County Commissioners, having considered the intensity of current ard foreseeable development presst, Controls of Geologic Hazard a Ge• dgical purvey/Wept. of Na re,s, the Guidelines and Criteria for Identification and Land -lase rid Mineral Resource Areas, Special Publication 06, Coloraoo ura Resources/Denver, C®1+ }rado/1974; the uide ones se' :orth in Section 24-65.1-202, C.R.S.; and the provisions and requirements of these 1041 WOG_.A e ula Lions, hereby orders that the designation of the entire unincorporated area of Weld County as a mineral resource (oil and gas) area of state interest Me "Weld Mineral Resource (•H and Gas) Areal made b\ the Board on June 10, 2019, is hereby ratified and confirmed and Hat tnis activity shall be regulated pursuant :o the provisions of this Chapter. Sec. 2L -5=2 L oo Boundaries of area covered Ssll rrfon; dM&on of the Vi reM k dnereA Resource ((O[ and Gas, Area Dratio two -D) annilnc Areas. (oi The entire unincorporated area of Weld County as been designated as a mineral resource and gas) area and the exploration and production of oil ana gas within the area shall be subject to this designation and these 104` VVOGLA Regu (Oil and Gas) Area is divides into the two (2) planni B denorni ated as the "AraRu regulations set forth in this Artie and Gas Location is situated. ra a'�iois. he Weld Count Mineral Resurce 0 regions shown on tie map in Appendix 21- Harming Area" and the "Near -Urban Raffling Area " eVmaybede Dente PAGE 63 ne t upon the planning region in which the OH 2020-1782 ORD2020-12 Sec. 21O5=220, Reasons for desognatoonn 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 O. To have local oversight in Land Use planning decisions regarding oil and gas exploration and production in Weld County. OnlySllon 3 = 'OE WOG A Perranot Program for OH and as Hxup oratoon End Production [In the We -d Gvrhr ueraf Resource (©H0 and Gas) Area Sec. 2f=5=300. PronHonioon or earratoor or productkxt of oA and gas tIth]u the Weld Rffineraf Resotrrce (OH and Gas; Area w thout 1041 I OGLA 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. B. No local authority, including the County, may 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 havinc obtained a 1041 WOGLA Permit Pursuant to these 1041 WOGLA Regulations. C. Operator Registration. All persons or entities desiring to perform Oil and Gas Operations within the Weld Mineral Resource (Oil and Gas) Area shall have a valid Operator Registration Form on file with OGED. Sec. 21-5-310. Prroce hra reciuArremeMs. 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 21-5-3120 Comprehen&ve Deveflorpment Plans t CUPsh 6i Operators are encouraged to initiate and enter into Comprehensive Development Plans COP" where feasible and with the a••reement of Surface Owners . CDPs will identid foreseeaole oil and gas activities in a defined geographic area, facilitate discussions about potential cumulative impacts, and identify mitigation measures to Minimize Adverse ()acts to public health, safety, welfare, and environment, including Wildlife Resources. Sec. 21=5=315. P rre=appIicato o n meetong and 1041 WOGLA note c.eo A. Pre -application meeting. Prior to delivery of the pre -application notice, the Applicant shall request a pre -application meeting with the OGED Director. This meeting can be conducted tnrough a face-to-face meeting, electronic mail exchange, or conference call, as determined PAGE 64 2020-1782 O R D2020-12 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 prime reasons for the ore -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. 2. Notification Zone drawing. The purpose of the notification zone drawing is to identify all required notice parties. This shall be a scaled drawing with scaled aerial 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 thousand (1,000) feet of the Oil and Gas Location. 3. 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. 4. 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 back to the nearest County designated Collector or Arterial roadway or nearest Highway, and indicate the desired new or existing access point. 5. 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) days of the submitted request. Attendees of the pre -application meeting will be the Applicant and the 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). 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. The 1041 WOGLA notice shall be delivered by the Applicant to the following parties: 1. The OGED Director; 2. The Surface Owner; 3. Property owner(s) whose property boundaries are located within one thousand (1,000) feet or less of the Oil and Gas Location; 4. The COGCC Director, the CPW, and L.GD for any Local Government(s); and PAGE 65 2020-1782 ORD2020-12 5. 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 one thousand (1,000) feet 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. 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 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 thousand (1,000) feet of the Oil and Gas Location. 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 or000sed haul route, includinci off -site haul route(s), from the Oil and Gas Location back 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 W „ILA Fcint. A 10L-1 WOGLA Permit application shall be submitted to OGED Director for processing and determination of whether the application is complete and in compliance with the recuirements of this Section. The following shall be submitted as a part of the application: PAGE 66 2020-1782 ORD2020-12 A. Weld County Oii and Gas Location Assessment Application. A 1041 WOGLA Permit 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. 2. Certification of 1041 WOGLA Notice. Completion of this form certifies that a 1041 WOGLA notice has been delivered to all required notice parties, pursuant to Section 21- 5-310.8. 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 Section 21-5-325 of this Article V. In the case where no SUA or other agreement is necessary the Applicant shall provide a statement of explanation and attach supporting documentation. 4. Authorization. Where an Applicant is not the Surface Owner of the parcel(s) on which the 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 snail 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. c. BMPs and a narrative which explains 'how the Applicant will comply with the Development Standards set forth in Division 4 of this Article V and any applicable state and federal regulations. d. A narrative describing plans for 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 = I trip in and 1 trip out) expected for each vehicle (type, size, weight). 2) The expected haul routes for the vehicles. PAGE 67 2020-1782 ORD2020-12 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 back 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 Well(s) 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 shalt 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 photograph to include horizontal distances and approximate bearing from the Oil and Gas Location for all visible improvements. This drawing shall be a stamped drawing from a licensed professional surveyor showing an 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. 6. Process Flow Diagram. A process flow diagram PFD) which depicts oil and gas production operations. The PFD shall be presented as a flowchart that illustrates the general flow of processes and equipment at an Oil and Gas Location. The PFD shall include all permanent Oil and Gas Facilities and shall show the flow path and direction of all oil, gas and water produced on, or transported to or from the Oil and Gas Location. The PFD shall also illustrate fuel and power sources for major equipment. The PFD need not include detailed piping and instrumentation. 7. Multi -well plan. If the proposed Oil and Gas Location is for multiple Wells or a single pad, a drawing showing oroposed wellbore traectory with bottom -hole locations shall be attached. 8. 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: PAGE 68 2020-1782 ORD2020-12 a. Reference area map. A topographic Yap showing the OH and Gas Location a• -dl the location of the selected Reference Area: and b. Reference area photos. -our (4) color phtograpns of the Reference Area, taken during the or wing season of vegetation, one (') from each cardinal dlirectbn. Each pbotOgrapr sha be identified by date taken, location name, and d9irecti• of view. Such photographs may be submitted to OGED apt time up to twelve (12) months after the granting of gate '04' WOGLA Permit. 9. Waste management der. A waste management plan shall be provided that describes the nethods for storing, transporting and disposing of wastes. The plan iiust inc ude a statement that waste materials will be [larded in compliance with a rd should cite appropriate ocal, state and federal regulatory requirements. he plan should farther provide that wastes stored onsite will be stored H compatible containers that are regula iy inspectec t0 ensure that the' are in good condition and free of excessive wear, structural issues or other defects that may impact theft effectiveness. Reports and i n ornaUon regarding the integrity and efrectiveness of compatible containers will be made available for review upon request. s 0. At a 'ninimum, the waste Management P an must address the following waste streams: drilling fluids, drill cuttings Hydrau stai6 ed s0ns, tan bottoms d is F=racturing l _ luid5, Flowback and Produced water, oil enera l trash, r-. azardous materials, and ogler non solid wastes. C. Additional Web County issued permits and agreements. T azardous ne following permits and agreements may be required either f r the issuanco of a 1041 WOGLA Permit, or after approval of a 1041 WOGLA Permit: Both an Emergency Action Plan EAPand for a 1041 WOG _A Permit. The A 0 actidal Response Plan (TRP are required olicant sh ll complete an AP and TRP on t ne template provided by the Weld County Office of will consu t with the local fire district o Hmergency Management (O n behalf of the Applicant. O m 2. An Access hermit is r quiredl fair a '041 rO l A Permit. Trye Applicant shall corn dete n Access Pe' pit application provided oy the weld County Department of Public Works pursuant to the requirements of Chapter 8 of this Code. f the access point is under the purisddoction of the co orad0 Department of Transportation or a Local Government other than vela county, proof of access granted b\ sucn oc fl Government ("AuthoritI having Jurisdiction" or AHJ) is required. 3. A Road Maintenance 'agreement RMA) o Agreement nay be required for a 104 WOG P Comprehensive Road Maintenance A Permit. I-ollowing the submittal of a 104 WOGLA Permit application„ the RMA shall be p pared by the Weld County Department of Public Worics and sent to tie Applicant for execjtior prior o the 1 041 WOG _A Fearing. A Cash i l Lieu oneatime payee vt of $2,850.00 per well for gravel roads and $4,2/0.O per we l for paved roads may be considered as al alternative to the RMA. 4. A Drainage Report is required For a 1041 WOGLA Permit. At the time of application submittal, atminimum, a pre ]0rflTary draraco report shall _ be provided v'or review by the Weld County Department , f "t. Colic Works purse. ant to the requirements of Cnap'er 8 Article X , and Sec. 2"--5-505 of this Code. Prior to applying for a Grading Permdt, a final PAGE 69 2020-1782 ORD2020-12 drainnage report stam Coborado is required. oeo and signed b y a Professio and Gas A _ ocatior Lai IHngunee P reoiiste red in the State of is located ^in a Special - ood 1 Daazara Area identified by MOPS Officially adopted by VVe d county, a ood l [ 78 rd Deverop pent (Ht (1-1 F, is recurred for a 1041 \NOG A Permit. he- ff=HDP is issued b y the Weld Catintv Department __ou Planningpurs ant to Article XD of Chapter 23 of this Code. 6. A Gradnq Permit is required prior to constructuoin o& any Oil and Gas Locaflor greate5- than one (1) acre. Ms permit is issued by the d Courty Department of Pubic Works pursuant o t requorements of Cnaoter of this C,de. 7. 0. f app icaboe, ding Permit(s) issued by the Weld counit/ Department of PDannon, shad be .>btained1ouosua nt to Chapte P u b occi DDic8b r 23 and Chapter 29 ov tris code. a, LRighA-of=V/ay ROM Permit( issued by the meld County Department of is Works rks pursuant to ArtocDe )AD D [-ring within Counih ROW Permits Dein isle OW. ed. appI icaboke, a SpociaD T ransppo of Chapter 8 of this code, are required for any work No work within pe �rnn it s the 101,i WOGLA Permit may exceed as set forth in Artie applied for and gra la e XV of Chapter 8 of this CCode, unless ovenweo County ROW shaDO occur whthout such - be obtained. No vehicles associated with a axle weight limits and/or De 1a t permits rated by ,ne Weld County Department of fPnuP Dio Works. !itfoTformatm0n nn / be required by the OGI D Director, res Refer all Agencies. Sec. 2i -5°325D cc requAre lmei n tso size Umits lave been tint Flom consuicd ion with At time of Application subinottaD, an Operator shao provide kinanciaD Assrance to the county in the fsrrr of a surety bboyo1 or other ooOOateraO acceptaCble to the OGED Dirac or in the -mount set forth be ow o protect Su-rpa ce Ow verb who arc not p arhes to a lease, SUA A or other reDova l agreemert with the Operator from ur reasonable crop Doss or and dam age ca fi used by Oi a ,d Gas Operatbns. Financial Ass" ranee for Surface Owner protection ;sired not be required for ope'atio im conducted on state [ands when a bond nes been n ed wit' the State Board of and COMM issioner s. The Hunan c i&& Assuran ce rewired by this Section sha n be in the amo. int of two thous 1d9 collars ($2,000) per Wen for non -irrigated land, or five thoisard do ars ($5,000)Joer We for tri gated la end. n lieu of suas rioun.ts, Operators nay subrni b antket Financia Assurance inn the amount of twenthousand doO ars ($25,000). Any request for relief purl am to such Financia Assurance �� %Ist oe granted by the °GED D D irector upon receipt of a written request nom the Surrace Owner, which may be su'omitted to the OG E D Drector at any hme. Corrective or re D i recto fir ediaD action performed by the Operator 7ay be considered Cry tre OG before and as part o' any order to e zec ate on t to this Sectionn. The ina ciaD Assirance _provi ded [ours, HD `Hinancial AssrTiince provided pursant ant to this Section is not intended to omit any monetary sward for unreasonable crop ass or land damage that cannot be rernediated or corrected, FineHci D Assurance submitted the Clerk to the Board of Count / Crum Asst of he OGLED _ Director sha issioners. Tl be he a OGLD Directorm ranee upon satisfaction that risk of loss to the Surface Owne PAGE 70 d for safekeepi y re has been e ease the Financial irr onrted. 2020-1782 ORD2020-12 Sec. 21-5-330. GED review of 1041 WOGLA Permit application. 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. 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 one thousand (1,000) 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 thousand (1,000) 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 Section 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 publication of notices. The date of publication shall be at least thirty-seven (37) days prior to the date of hearing. The mailed and published notice shall inform the reader that he or she may apply for intervention in the manner set forth in Section 21-5-340.A.1, oelow. 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 planning commission or governing body of any Local Government whose boundaries are within one thousand (1,000) feet of the Oil and Gas Location. 2. The Weld County Department of Public Health and Environment. 3. The Weld County Department of Public Works. 4. The CPW. 5. The COGCC. 6. The CDPHE. 7. The appropriate school district(s). 8. The appropriate fire district(s). 9. Any irrigation ditch company with irrigation structures of record that are on, or adjacent to, the Oil and Gas Location. 10. To any other agencies or individuals to whom OGED Director deems a referral necessary. 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 practicescomments received from agencies to which the oro oosal was referred, and the PAGE 71 2020-1782 ORD2020-12 standards contained in Division 4 of this Article V. Such comments shall be provided to the Hearing Officer for consideration as evidence in the hearing. E. Charge a reasonable fee that covers costs incurred by Weld County for review of the Application, holding the appropriate hearing, and performing any necessary administrative tasks associated with the issuance of the 1041 WOGLA Permit. Sec. 2i-5440. 1041 WOGLA Hearing A. 1041 WOGLA Hearing Participation. The Applicant and any person or entity who has been granted intervention by the Hearing Officer shall have the right to participate formally in the 1041 WOGLA Hearing. The process for seeking intervention is as follows: 1. Application for Intervention must be received by the Hearing Officer twenty (20) days prior to the 1041 WOGLA Hearing. Application for Intervention must be on the form provided on the OGED weosite. Persons who have standing to participate are limited to those who have received notice of the 1041 WOGLA Hearing by First -Class Mail or who have demonstrated they would be directly, adversely and significantly affected or aggrieved by the granting of the 1041 WOGLA Permit. Application for Intervention must include the following: a. The docket number and date of the 1041 VVOGLA Hearing; b. Legal address of the person applying for intervention; c. A general statement of the factual or legal basis for the protest or intervention; e. A description of the intended presentation including a list of proposed witnesses; and f. An estimate of the time required to present the protest or intervention. 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 Hearing Officer evidence and given such weight as the Hearing Officer believes is appropriate. B. Conduct of 1041 WOGLA Hearing. 1 1041 WOGLA Hearings shall be conducted with minimal technical presentation. The Hearing Officer shall control the evidence taken during a 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. 2. Participation by the parties and/or witnesses by telephone or other electronic means shall be at the discretion of the Hearing Officer. 3. Continuance of hearings shall not be granted without the showing of necessity by the Applicant. A hearing shall not be continued more than once, unless an unforeseen circumstance prohibits the hearing from occurring. PAGE 72 2020-1782 ORD2020-12 1041 WOGLA Hearings will be docketec to occur on a weekly basis on days to be cetermined 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 WOG A Hearing Officer. Upon the conclusion of the 1041 WOGLA Hearing, the Hearing Officer shall: 1 Grant the 1041 WOG _A Permit if he or she determines that sufficient evidence exists in the recorc that the standards set forth in Division 4 of this Article V will be met and thafc the proper Site Analysis has been performed by the Applicant. Inform the participants of his or her decision. The decision of the Hearing Officer shall be clearly set forth in the orcer issued by the Hearing Officer. The addition, de etior or modification of any conditions of approval shall be clearly identified in the order. 3. Inform the participants that such cecision may be appealed pursuant to the appeal procedures set forth in Section 2-5-340E. and F., below. D. Motion for reconsideration. A motion for reconsideration may be considered by the Hearing Officer in cases where a 1041 WOG_A Permit has been denied. Such motion must be filed no later than ten (10) days after the Aoplicant has received notice of the denial. A motion for reconsideration must state with sufficient clarity the specific reason(s) the Applicant believes the denial was the incorrect decision. c 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 misinteroreted the facts presented in the Application and/or in the 1041 WOGLA Hearing, or misapplied the regulations set forth in Article V. The notice sha not exceed five (5) pages in length. The OGED Director may submit a memorandum brief but must do so within ten (10) working days 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 (2') 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 WOG �A 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) workitnq, days after receiving the notice of appeal and other documents allowed herein. The OGED Director shall thereafter communicate the decision to the Applicant ano the Hearing Officer within five (5) working days of receiving the Commissioners' decision. G Pursuant to Section 24-88-101(1)(a), C.R.S., with the intent to ensure reasonable certainty_ stability, and fairness hi the sand 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 PAGE 73 2020-1782 ORD2020-12 is an approved site specific development plan as that term is defiled in Section 23-8-20 of r�is 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 Section 23-8-20, upon the completion of the notification requirements set forth in Section 23-8-70 of this Code. Once noticed pursuant t, the requirements of Section 23-8-70, the approved 1041 WOG_A 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- `03(1 `(c), C.R.S. Sec. 21-5-350. Cornrpffarice woth 104`d WOGLA Peirrirdt condWions of approvaB a n d Development Standards. An A'opolicant for a 1041 WOGLA Permit shall compl , with the conditions of approval and Development Standards detailed in the 1041 WOGLA Permit, aid 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. F nforcerne.nt 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 WOG_A Permit, schedule a return date when the Ooerator shall present evidence to the Hearing Officer that all "Prior to Recording' conditions of approval have Peen satisfied. Upon providing such evidence the Hearin Officer shall issue a final order granting the 1041 WOGLA Permit. If no "Prior to ''ecording" conditions of approval exist, the Hearing Officer shall issue a final order granting the 104' 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 approval the OGED Director may set a susoension or revocation hearing beore the Hearing Officer pursuant to the provisions of Sec. 21-5-370, below. 0. Enforcement of Development Standards. The enforcement of Develooment Standards stated in the 1041 WOGLA Permit and/or in Division 4 of this Article V shall be conducted by tre OGFD Director in the following manner: .upon receiving a complaint from any member of the public or the filing of an inspection report by an OG :D inspector, alleging a violation of Development Standards stated in the 1041 WOGLA Permit and/or in Division 4 of this Article V, the OGED Director shall notify the Operator of the complaint or adverse inspection report ano require Operator investigation and response within 24 hours. Within the OGED Director's requireo timeframe, the Operator shall correct the violation and inform the OG I _ D Director of such correction. if the Operator is unable to achieve the required correction witnin the stated timeframe, the Operator shall inform the OGED Director of the circumstances ard the anticipated date of correction, and the OGID Director may modify the stated tim&rame. 2. If the OGED Director has probable cause to believe the violation persists, he or she shall flotify 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 stateo timeframe andnotify the OGEDirector in writing of such correction. 3. If the OG =D Director does not receive a written response from the Operator withii tre 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 PAGE 74 2020-1782 ORD2020-12 suS(oenSi n r revocation hoari nq before the Hearing Officer Section 21-5-370, below. Sec. 21-503501 _ emthred notilficajorn. A. Notifications t0 the OGED Director: 1 . Prior to construction notificationthe Opera OGIED Director via _ the 104 or is required WO LA Sundlry Fo oursua t to the provisions of to provide written notice to the two (2) weeks prior to beginning the Construction Phase of the OH aid Gas Location. This written notice wi notification requirements of both the Road Vaintena nce Agreement and the << _ Action _ an. 2. L) Ii OG ino a rd Completions notifications. The Operator is required to_provide D Director for the following: meet the nem ncy otice to the a Spud notice o at least 48 flours prior to Spud, the Operator shah provide written notice of such activity to OGFD D Director via the '04' WOG _A Sundry Form. This notification wi meet the reoui rements oJthned in the 7mergency Action Ran. f . Comp etions notice o at least one 0) week prior t0 commence-r'ent of Comp etions activy' on an Oi and Gas V ocation, the Ope'oatr shah provide written notice of rich activity to _ _: G H D iirector via the 1041 WOG1 A SL ndr�y From. This notification will meet the requirements outlined in the Err ergenc Actioi J. Post co tstL ccion/Thrroin ire notification. The Operator is required to provide written notice to the OG 1 _ D Ti.rector via the 1041 WOG _A Su Cdr\ borm within two (2 weeks of a Well or facility being turned no sales. This written notice sha l inc ude an e ectronic fll5 map (sha defile or . kmz) showing the off -location n ow ones. This written- notification will meet the iotificatio l requirements of the Road Maintenance Agreement and the Emergency Action P a n . B. \otfficatiors to the Surface Owner. With respect to 'le notices listed it this Sectiom it shall be the responsibilit of the %oetifiedl Surface Owner to give notice of the proposed operation to the tenant farmer essee, or otl-es panty nay own or have an i lteres: in any cops or surface improve —e-rts that c J,, . d be affected by such _ro_posed Operation. Tn concurrent with the S„ nnnace Owtie P Notice post a temporary sip r rot ess than two -feet ay two -feet at the intersects r f the lease road and the public roao providing access to the We l Site, with the name of the proposed Well, the legal location thereof, a fld the esti rated date of commercement. Such sign shed be maintained until Completion operations at the Well are concluded. Lin ass the following is otherwise addressed in the S A or Memorandum of SUA, or the Surface ow per has signed a writte 1 waiver of the notifications rep u ire `' i this Section, t e fol owing notices to the Surface Owner shall occur: O oe rator steal Notification prior to construction. -_he Applicant is required to provide notice to tre Surcace Owner in writing not ess than tm:y (30) days H advance of commencement of operations with heavy egwpment prior to A r e beginning of l ¢illi n of a we D his written rotice sha l provide the fo a. The toe lowing: ator°s name and c0 'tact information for the operator or its ag b. A site diagram or plat of r ie Oo and Gas l ocation and any associated roads; c. The date Operations with heavy equipment a PAGE 75 e expected oc S rnence; a nd 2020-1782 ORD2020-12 d. The contact information for OGED. This notice shall be delivered by hand; certified mail, return -receipt requested; or by other delivery service with receipt confirmation. Electronic mail may be used if the Surface Owner has approved such use in writing. 2. Subsequent Well operation notification. An Operator shall provide to the Surface Owner at least ten (10) days advance notice of subsequent Well operations with heavy equipment that will materially impact surface areas beyond the existing access road or Well Site, such as recompleting or stimulating the Well. 3. Final Reclamation notification. Not less than thirty (30) days before any final Reclamation operations are to take place, the Operator shall notify the Surface Owner. Final Reclamation operations shall mean those Reclamation operations to be undertaken when a Well is to be Plugged and Abandoned or when Production Facilities are to be permanently removed. In preparing for final Reclamation and Plugging and Abandonment, the Operator shall use its best efforts to consult in good faith with the affected Surface Owner (or the tenant when the Surface Owner has requested that such consultation be made with the tenant). Such good faith consultation shall allow the Surface Owner the opportunity to provide comments concerning preference for timing of such operations and all aspects of final Reclamation, including, but not limited to, the desired final Land Use and seed mix to be applied. Any of the notices required in this Section 21-5-355.B. may be waived in writing by the Surface Owner provided that a waiver by a Surface Owner shall not prevent the Surface Owner or any successor -in -interest to the Surface Owner from rescinding that waiver if such rescission is in accordance with applicable law. Notification to Building Unit owner. 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 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 thousand (1,000) 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. PAGE 76 2020-1782 ORD2020-12 3. A Build' ig Unit owner entitled to receive \otice of Operations nay waive their right o be noticed in writing any time. The Opera' :or shall provide evidence of the waiver to OGl if requested. Sec. 2'_ =5=360D Changes, terror, atoor 9 or fao=J_at to commerce Use. A. Andy ch tinges to an OH ard as Location w - ich-nodifor ex a was riginally permitted bi Weld Count/ o Qand the Location beyond what the COGCC shall be filed with the OGFDD via a '041 WOGLA Surd Form. Major changes to an existhq OH and Gas ocation Tay feu ire the approval of a new 104' WOG _ A Per -lit ov the Hearing Officer. The OG-i-� Director is responsible for determi-ingi wreyrer a rra or charge exists, in which case a new 104' WOG ^A Permit Appiication and processing mat 0e requirod. "Maaor changes" wcludebut are not limited to, the following: any surface distur purposes of disturbed area ocation. ba -ce at a previously undistu red or fu y rec ai tied site; surface disturbbarce for permanently expanding an ex sti lc Oi and Gas Location beyond :he ark:Ma ; the add Lion of one (') or more We s; and/or moving an existing or per r lifted .ne Constructio within three (3 Phase authorized by an approved 1041 VVWOGLA Permit sell be completed years from the date of publication of aauno racing the approval of th WOG A Permit, or The approval shall terminate. [owever, if the Constriction Phase has bee commenced within the trree f3) years, but not comp eted, al additional three (3) years sha bewanted by the OGED Director, via a /04/ WOG _A Sundry Form, but the '04/ LA Pere t s--00 then be suC *ect to any new rules amended into this Article V since the a pprova[ of the original it 041 WOGLA Permit. Sec. 21-5=3/0. Sus Densooru and rrevo atnori procedures. A. f 'allowing the notice and tirneframes called for in Section 2/H,-350, above, the OG 7 D Director deterLines that one V°) or more of :he 104' WOGLA Per r^ lit Deve[opment Standards set forth in Division 4 of this Article V have not bee net tie OGEJ Director shall iotir ` tre Operator of the Oil and Gas ocation sf the iafLre to comply wuti tre terms of tre '04 WOG A Permit and/or the Develo o[ -ent Standards set fort iG tr s Article- V. The notice i inform tihe oerator that a hearing nas been schedL led before tie Hearing Officer to determine if the '04/ \NOG _ pe rmit srould be suspended or rev.ked. Tne Operator shall nave the right to participate ard cress information at the hearing. C . he Hearing officer shall hold a hea ri ., g to determine if the Operator of the Oi ,ocation has failed to comply witn tre terms of tie i 04' WOGA A Permit and/or the regulations set forth in this Article V. Upon sacra a finding the 6 {earing Officer ma suspend or revoke the /04/ OG_A Permit, and/or order the Operator to cease the use of the OH and Gas I' _ acility immediately. n ieu of suspersion or revcation, the hearing Officer may order ti Operator submit a comp iace o a n and set a tirneframe for retrn to presen' evidence of compliance. C. The Operator may appeal the H ea ring Officer's order to t Board of eou d Otis ty commisiso ers by following the appeal procedures in Section 21-5-34 id F. Seca 21=5=380. Sots. nrispectoori by OGEDO OGEstaff may inspect_ any time the OH and Gas ®cations subect to the re L atins set forth uis Anode V to determine if the OH and Gas l ocalor is i r coma liance. PAGE 77 2020-1782 ORD2020-12 ate 21-5-390. Transferability 1 4s�a 1 WOGLA Permits. Once issued, 1041 WOGLA Permits are transferable to a new Operator. The new Operator is sub'ect 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 and the Surface Owner in writing of the name, business address, and other contact information for the new Operator. Division 4 - Weld Monera Resource (OH 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 Section 21-5-360). Sec. 21-5-400. Weed control. All disturbed areas 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 control plan as part of 1041 WOGLA Permit approval to provide impact mitigation, or pursuant to any enforcement action against an Operator. Sec. 21-5-405. - Lighting. As part of the application for a 1041 WOGLA Permit, an Operator shall describe plans for light mitigation that demonstrates their capability to meet the maximum permissiible lighting levels as described in this Sec. 21-5-405. A. Lighting Zones ("LZ"). Table 405A.1 Lighting Recommended Uses or Areas LZ, Considerations Zone ("L7?') LZ-0 Lighting Zone 0 should be applied to areas in Recommended default zone for wilderness areas and undeveloped which permanent lighting is not expected and rural areas. when used, is limited in the amount of lighting and the period of operation. LZ-0 typically includes undeveloped areas of open space, wilderness parks and preserves., areas near astronomical observatories, or any other area where the protection of a dark environment is critical. Special review should be required for any permanent lighting in this zone. Some rural communities may choose to adopt LZ-0 for residential areas. 12-1 Lighting Zone 1 pertains to areas that desire low Recommended default zone for ambient lighting levels. These typically include rural and low -density residential areas. Includes residential single single-family and multi -family residential or two family; agricultural zone communities, rural town centers, business parks, districts; rural residential zone and other commercial or industrial/ storage areas PAGE 78 2020-1782 ORD2020-12 typically with limited nighttime activity. May districts; business parks; open also include the developed areas in parks and space including preserves in other natural settings. developed areas. LZ-2 Lighting Zone 2 pertains to areas with moderate Recommended default zone for ambient lighting levels. These typically include light commercial business districts multifamily residential Uses, institutional and high density or mixed -use residential Uses, schools, churches, hospitals, residential districts. Includes hotels/motels, commercial and/or businesses neighborhood business districts; areas with evening activities embedded in churches, schools and predominately residential areas, neighborhood neighborhood recreation facilities; serving recreational and playing fields and/or and light industrial zoning with mixed -use development with a predominance of modest nighttime uses or lighting residential uses. Can be used to accommodate a requirements. district of outdoor sales or industry in an area otherwise zoned LZ-1. LZ-3 Lighting Zone 3 pertains to areas with Recommended default zone for large cities' business district. moderately high lighting levels. These typically include commercial corridors., high intensity Includes business zone districts; suburban commercial areas, town centers, mixed commercial mixed use; and heavy use areas, industrial Uses and shipping and rail industrial and/or manufacturing yards with high nighttime activity, high use zone districts. recreational and playing fields, regional shopping malls, car dealerships, gas stations, and other nighttime active exterior retail areas. t 2-4 Lighting zone 4 pertains to areas of very high Not a default zone. Includes high ambient lighting levels. LZ-4 should only be intensity business or industrial used for special cases and is not appropriate for zone districts. most cities. LZ-4 may be used for extremely unusual installations such as high -density entertainment districts, and heavy industrial Uses. Source: Illuminating Engineering Society, International Dark -Sky Association, Joint IDA-IES Model Lighting Ordinance (MLO) with User's Guide, June 15, 2011. B. 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): PAGE 79 2020-1782 ORD2020-12 Table 405 B.1 Base Allowance for Lighting at Oil and Gas Locations LZ-0 LZ-1 LZ-2 L/-3 LZ-4 0.5 lumens per 1.25 lumens per 2.5 lumens per 5.0 lumens per 7.5 lumens per SF SF of hardscape SF of hardscape of hardscape SF of hardscape 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, Construction Phase hardscape shall equal actual acres up to twelve (12) acres and 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 Construction Phase or enuring operations involving Pipeline or Gas Facility installation or maintenance, use of a Workover rig, or stimulation, Operators must comply with the following lighting standards: a. For Oil and Gas Locations within the Ag-Rural Planning Area, the OGED Director may recommend to the Hearing Officer that Operators comply with up to the maximum permissible lighting levels for the LZ-2 standard depending upon the proximity of Building Units or High Occupancy Building Units within the 1041 WOGLA Zone b. For Oil and Gas Locations within the Near -Urban Planning Area, the OGED Director may recommend to the Hearing Officer that Operators comply with up to the maximum permissible lighting levels for the LZ-3 standard depending upon the proximity of Building Units or High Occupancy Building Units within the 1041 WOGLA Zone c. The OGED Director and/or the Hearing Officer may allow 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. After new lighting has been erected on an Oil and Gas Location, the Operator shall certify to the OGED Director that the lighting is in compliance with the base allowances and standards set forth in this Section and perform an inspection of the boundaries to ensure lights are not impacting nearby Building Units or public rights -of -way. The OGED Director and/or the Hearing Officer may recuire the submittal of and compliance with a lighting plan as part of 1041 WOGLA Permit approval to provide impact mitigation, or pursuant to any enforcement action against an Operator. 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 or PAGE 80 2020-1782 ORD2020-12 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. If permanent lighting is proposed to be utilized during the Production Phase, the Operator shall provide a photometric plan with the application to be considered by the OGED Director and the Hearing Officer. c. The photometric plan will demonstrate compliance with the lighting levels outlined in Table 405 B.1. In addition, the plan will demonstrate how permanent lighting will utilize BMPs and lighting technology to limit the amount of light leaving the Location. C. Lighting standards. Operators shall follow the following lighting standards at all OH and Gas Locations: 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. For the Construction Phase, light levels shall be calculated as an average of lumens measured at the corners and center of the Oil and Gas Location. 4. Operators will use BMPs including, but not limited to: a. Minimizing lighting when not needed using timers or motion sensors ("use only the lights you need"); b. Using full cut-off lighting; c. Using lighting colors that reduce light intensity; and d. Using low -glare and no -glare lighting S ec, 21 ell o4 ` Su _ ]rnpact atugation 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 S oil Color Coding System), and with colors matched to but slightly darker than the surrounding landscape. Portable toilets for use on the Oil and Gas Location shall not be visible from adfacent roperties and from public rights -of -way. Sound walls or fencing may be used as screening. S ec. 21-5-4,15 F itave dust° Operators shall employ practices for control of fugitive dust caused by their operations on the Oil and Gas Location and private access roads. 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 Fracturing. PAGE 81 2020-1782 ORD2020-12 operations; and the application •f dust suppression controls limited to magnesium chloride and Fresh Water. The submittal of and compliance with a dust mitigation roian detailing a ddi%i o rya 1 manage ene nt practices sucr^ as tad s.,fi facing, construction of wind breaks and bafflers, stockpo e stabilizaio or automation of Wells to reduce tr„ck traffic may be req i -ed by the Oyu 3 Director and/or he '041 WOGLA II leaving Officer as pal of the '04' L _ l _ Permit approved 'co provide impact niUgation, or pursuart to a fugitive dust enforcement action against an Operator. Shou d the O[orator choose to Qrov de a cash in lieu payment purs,,ant to the orovisiorrs of Sec. 2"-.5- 320C.3. of this Code, the Operator shall continue to be responsib Count;' roads that a e fo P m Vuosb ng fu re part of the had rute for the OH and Gas ocahorn Seca 2105420. Odor. g)Dtove d u sto n OH and Gas Operations shall corn pry p ith 'she AQCC Reg: _ ation No. 2 Oslo: _ mission 5 C.C.R. 1001-4, S" bsections A. .A., and A. A.V, wnioh standards ma be enforced by O e.J Oihector f©OOowhg tie enf©rcener"y procedures set forth te V. The OD Director and/ the '04' WOGLA Hearing fl icer may o eciui r„e the su bmitta of and comp arce with an odor r- itigatity plan as pad of re 1041 W GI _ A Perrot approva to oPonAde impact mitigation or pursuant to any enforce ment actio Sec. 21-5=425. Sot SeciudityD True Oi il against an Operator. and Gas Facffity shall be designed and operr a manner °-hat is protective of public neP fthh safety and welfare during all phases of o unauthorized vehicula trafficand Regal d U rr�idp i u qi Qeratio by preventing pubic access, r. of wastes. Appropriate measures s In as be implemented to IQreve t access to he OH and as Facilities by Wo d ife or domestic animals. =encing rmate as required at the discretion of the OG Director and/or included as a require ent in the C _ learing Officer's Metal order. \A ren used, fencinc sh al be appFopla e to t�e smton of the proposed O� a IdGas Location Within soy �« ` e i . strjction of � � 9 � �� 00) o��s ��t�r ��or�nob �� cOn�� an OH and Gas ocation, a permanent sign snail be required. The sign shall be placed at the intersection of the lease access road with a pubOic road but sG Lall not be of-wa ySuch siga sq are feet, sha placed , whicn small be no less than three '3) square feet and no n�10 provide: the name of t -e o oerato 7e road ruht- �e than six (6) r. a 10 one number at which the olpe ra o P can be reached at d times; a phone number for DOCa ememency services (9' ' where av2i able); the a and Gas location name; the le al ocation, including the Quarter -quarter section; 'aid the assigned address._ On lieu_ of providing the legal location on the perrna nee �t sign, it Hay be stencilled on a tank in crraracters visible from one hundred Li 00) feet. Sec. 21-543 3t WeO con�� e 0 o nso DO and as We Co'rp etiors shall be conducted in comp dance with the `educed E or "Green" Comp etion req,, irements of CDP� 'lEa AQCC, Regu Performance Sta � 9 rds. Suboar-ls 0000 and 0000a. Sec. 21-5-435. Spec As noise nitigatio that demonstrates their capability to meet the maximum per as descr ed in this Sec. 21-5-435.A. A. Noise Level Standards. A0 Oi and Gas Operations wn 0 comp0 itn ,y P e following PAGE 82 ation n / and ILJ b missions HPA, \ew Source part of the app ication for a '041 \NOG _ A Permit, an Operator shall describe rDlans for eisslUe noise levels Ana? morn perm issUNe noose leve S: 2020-1782 ORD2020-12 Table A.1 None Le eLs 7:00 am to next 7:00 pm 7:00 pm to next 7:00 am —scale NIL -1 55 db(A) 50 db(A) 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 mscX1.9 O e All Areas 65 db(C) X65 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, the OGED Director may recommend to the Hearing Officer that Operators comply with up to the maximum permissible noise level for the NL-4 standard depending upon the proximity of Building Units or High Occupancy Building Units 'within the 1041 WOGLA Zone. b. For Oil and Gas Locations within the Near -Urban Planning Area, the OGED Director may recommend to the Hearing Officer that Operators comply with up to the maximum permissible noise level for the NL-3 standard depending upon the proximity of Building Units or High Occupancy Building Units within the 1041 WOGLA Zone. c. The hearing Officer 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 Near -Urban Planning Areas shall comply with the maximum permissible noise level for the NL-1 standard. If any Building Units, High Priority Habitat, or DOAA are located within the 1041 WOGLA Zone, Operators will provide specific BMPs to show how noise will be mitigated in order to maintain compliance with approved noise level standards. Sound emitted from all engines, motors, coolers and other mechanized equipment shall be directed away from sensitive receptors. 4. Periodic, impulsive or shrill noises will be allowed an additional five (5) dB(A) from the levels shown in Table A.1. Operators shall use BMPs to limit these types of noises to the fullest extent possible. 5. 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 this Sec. 21-5-435.A. as permitted. 6. 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. When required by the OGED Director, the Operator will conduct background ambient noise surveys to establish baseline conditions for noise levels on the site, for both A - scale and C -scale noise. PAGE 83 2020-1782 ORD2020-12 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 tie Construction Phase. Such survey results shall be submitted to the OGED Director for review and possible action. If n ecessary, the noise mitigation plan shall be upcated accordingly based on the surve results and submitted to the OGED Director for approval via the 1041 WOGLA Sundry Form c. When an Operator conducts a background ambient survey the Operator will follow the same approach as outlined in Sec. 21-5-435.B. and over a 72 -hour period, including at least 24 -hours between 10:00 p.m. on a Friday and 4:00 a.m. on a Monday. A sin, le cumulative daytime ambient noise level and a single cumulative nighttime ambient n oise level will be established by taking the logarithmic average of all daytime or n ighttime 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 A.1. d. Sound levels shall be measured at a distance of 350 feet from the Oil and Gas Location, at minimum in four directions. B. To demonstrate compliance with the standards set forth in this Sec. 21-5-435.A. sound levels shall be measured according to the following standards: 1. Pursuant to an A -scale complaint: a. Sound levels shall be measured at a distance of 350 feet from the Oil and Gas Location, in the direction of the complainant. b. At the request of the complainant or OGED Director, sound levels may be measured at a point beyond 350 feet that the complainant or OGED Director believes is more representative of the noise impact. c. If an Oil and Gas Location is located closer than 350 feet from an existing occupied structure, sound levels shall be measured at a point 25 feet from the structure towards the Oil and Gas Location. d. On property owned by the Operator, noise levels shall be measured at 350 feet from the Oil and Gas Location, or at the property line, whichever is greater. a In situations where measurement of noise levels at 350 feet is unrepresentative due to topography, measurements may be taken at a lesser distance and be extrapolated to a 350 -foot equivalent using the following formula: Unknown db(A) = Known db(A) — (20 x Iog10(d2/d1)) (d2 = standard distance 350 ft & dl = measured distance) f. If 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 onsite inspection indicates that low frequency n oise is a component of the problem, sound level measurements shall be taken twenty-five (25) feet from the exterior wall of the complainant's residence or occupied PAGE 84 2020-1782 ORD2020-12 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 (25) feet from the exterior wall of the residence. c. If the sound levels exceed the maximum permissible noise levels as defines in Table A.1, the OGED Director shall require the Operator to obtain a low frequency noise impact analysis by a qualified sound expert, including identification of any reasonable control measures available to mitigate such low frequency noise impact. Such study shall be provided to the OGED Director for review and possible action. d. If a baseline noise survey has been conducted, the overall Leg 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 velocity at the time and place of measurement is not more than 5 miles per hour. 4. Sound level measurements shall be taken from 4-5 feet above ground level. 5. Sound levels shall be determined by taking the logarithmic average (LASeq) of averaging minute -by -minute measurements made over a minimum 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 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. If ambient noise levels already exceed the noise thresholds identified in Table 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 Sec. 21-5-435.B., increases noise above ambient levels by greater than 5 db(C) and 5 db(A) between 7:00 a.m. and 7:00 p.m. or 3 db(C) and 3 db(A) between 7:00 p.m. and 7:00 a.m. 3. If ambient noise levels already exceed the maximum permissible noise thresholds identified in Table A.1, under no circumstances shall the Production Phase exceed the ambient noise levels shown on the baseline noise survey. Sec. 21-5-440. Pollution. Operators shall take precautions to minimize adverse environmental impacts to air, water, soil, or biological resources to the extent necessary to protect public health, safety and welfare, including the environment and Wildlife Resources. PAGE 85 2020-1782 ORD2020-12 Sec 21-5-445. Leak detection and repair 4LDAR). Leak Detection and Repair (LDAR) shall be conducted in compliance with all state and federal regulations. Sec. 21 =5 50. Management of waste. A. E&P Waste. Operators snail ensure that E&P Waste is properly stored, handled, transported, treated, recycled, and/or disposed of in accordance with federal, state and Weld County regulations. Land treatment with oily waste on Oil and Gas Locations permitted through the 1041 WOGLA process is prohibited. B. Non-E&P Waste. Operators shall ensure that non-E&P Wastes are properly stored, handled, transported, treated, recycled, and/or disposed of in accordance with state and federal regulations. Oil and Gas Locations shall be kept free of trash, debris, scrap and/or discarded materials connected with operations on the oroperty. Sec 21-5-455. Storage tank control requirements Crude oil, condensate and Produced Water storage Tanks shall be installed and operated in compliance with all state and federal regulations. Sec. 21-5-460. Pits - general and special rules. A. Drilling Pits, Multi -Well Pits, Reserve Pits, and Special Purpose Pits, (as defined in Sec. 21- 5-20) used for the exploration and production of oil and gas are prohibited. Operators are required to use closed -loop systems while drilling on all Oil and Gas Locations. B. Emergency Pits, as defined in Sec. 21-5-20 above, may be allowed if constructed and used only in the initial phase of emergency response. The Operator shall notify the OGED Director within 24 hours of the construction of an Emergency Pit. Once the emergency is controlled, the Emergency Pit shall be reclaimed and cleared of all hydrocarbons, Produced Water or any other substance that may be contained within. C. Freshwater Pits, as defined in 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 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 receptors. The OGED Director and/or 1041 WOGLA Hearing Officer may require the submittal of and compliance with a Spill prevention plan as part of the 1041 WOGLA Permit approval to provide impact mitigation, or pursuant to any enforcement action against an Operator. Operators shall notify the Weld County Office of Emergency Management of the occurrence of Spills and Releases, as required by the terms of the approved Weld County Emergency Action Plan. Sec. 21-5-470. Concentrations 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 water, if applicable. Results of such sampling PAGE 86 2020-1782 ORD2020-12 shall be made available at the request of the OGED Director and/or Weld County Department of Public Health and Environment. Sec. 21-5-475. Venting and flaring natural gas. Operators shall comply with applicable state and federal rules regarding venting and flaring of natural gas. Operators shall minimize venting and flaring to the greatest extent practicable. Sec. 21-5-480. Air per its. Facilities and equipment which are sources of regulated air emissions shall be authorized in accordance with the Air Pollutant Emission Notice (APEN) and Stationary Source Permitting requirements of CDPHE, AQCC, Regulation 3. Sec 211-5-485. Pneumatic pumps -; n d contro ers. Operators are encouraged to install non -pneumatic devices or pneumatic devices that are operated using instrument air wherever feasible. Natural gas operated pneumatic devices shall be installed and operated in compliance with the requirements of CDPHE, AQCC, Regulation 7, Part D and US EPA, New Source Performance Standards, Subparts OOOO and Subpart OOOOa. Sec. 21-5-490. Setbacks. A. General Requirements. 1 Unless the Oil and Gas Location fits into one of the other categories listed below, at the time of initial drilling, a Well shall be located not less than two hundred (200) feet from buildings, the current or future exterior ROW line of County roads, major above ground utility lines, or railroads. 2. A Well shall be located not less than one hundred fifty (150) feet from a surface property line. The Hearing Officer may grant an exception if it is not feasible for the Operator to meet this minimum distance requirement and a waiver is obtained from the offset Surface Owner(s). 3. No portion of the disturbed area of the Oil and Gas Location snail be within the current or future Right -of -Way of State, County or Municipal roads, or within recorded easements of major above ground utility lines or railroads. B. Building Unit. No Oil and Gas Location shall be located within five hundred (500) feet or less from a Building Unit. For an exception from the Building Unit setback, the Operator may submit a waiver from each Building Unit owner within five hundred (500) feet of the proposed Oil and Gas Location to be aooroved proved by the Hearing Officer. Alternatively, the Hearing Officer may approve an exception by determining that potential locations outside the 500 -foot setback are technically infeasible or economically impracticable and sufficient mitigation measures including, but not limited to, BMPs shall be employed to protect public health, safety and welfare. C. Hic h Occu aancy Building Unit. No Oil and Gas Location shall be located within five hundred (500) feet or less from a High Occupancy Building Unit. D. Designated Outside Activity Area ("DOAA"). No Oil and Gas Location shall be located within five hundred (500) feet or less from the boundary of a DOAA. PAGE 87 2020-1782 ORD2020-12 E. School Facility and Child Care Center. No Oil and Gas Location shall be located within five hundred (500) feet or less from the boundary of a School Facility or Child Care Center, unless the relevant School Governinc Bod y agrees in writing to the location of the proposed Oil and Gas Location and the 1041 WOG SA Hearing Officer determines that potential locations outside the applicable setback are technically infeasible or economically impracticable and sufficient mitigation measures are in place to protect pL blic 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 aocation is located less than the minimum applicable setback distance solely as a result of any Building Units, High Occupancy Building Unit, School Facility, Child Care Center, or DOAA being constructed after the Oil and Gas Location was constructed, the Hearing Officer may approve an exception to the minimum setbacks distance when a Well or Production Facility is proposed to be added to an existing or approved Oil and Gas - .ocation 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 Occupanc": Building Unit, or the nearest property boundary of a School Facility, Child Care Center or DOAA. H. Surface development pursuant to a SUA or Site -Specific Development Plan. A Surface Owner or Building Unit owner and mineral owner or mineral lessee may agree to locate future Building Units closer to existing or proposed Oil and Gas Locations than otherwise allowed pursuant t0 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. �0 21-5495. a,�fi of qarn measures for setback varoar ceso le 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 oersons or entities noticed pursuant to Sec. 21-5320. of this Article V, the following mitigation measures s -all apply to each Oil and Gas ocation that is granted a setback variance: 1. Noise. 'Operations involving Pipeline or Gas Facility installation or maintenance, or the use of a drillinq rig, are subect to the maximum permissible noise levels for the Light Industrial Zone, as measured three hundred fifty (350) feet from the Oil and Gas Location. Noise measured at the nearest Building Unit, High Occupancy Building Unit, School Facility, Child Care Center, or AA shall comply with the maximum permissible noise levels for the Residential/Agricultural Zone during all phases of operation. 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 ' _ Towlines and is mechanically connected to the berm to prevent leakage. PAGE 88 2020-1782 ORD2020-12 3. Remote monitoring a so automation. Wells and production facilities shall be eo nipped with -emote monitoring and con:rol capabi ities and automated shut in s'easL res to prevent gas ve stino dad sg cmissio a co trol system fai pares or other a oseconditions. u. Ming of gas si iaf bejprohibited, except during upset or s or as allowed hy the COGCC and t ue °GED Director. emerge merge cy conditio Sec. 2105-500. 500o Safety r ciunremsMs0 operators shall comp rid Gas Seca 214=5 peraUoons. 50 Hood r, y wog► i state and federa fAa1oi requirements. s afet\ m toles and regulato ns as a oolicable to all As operator sha comply with Article V and Arhdle XD of Chapter 23 of this Code if the proposed oil and Gas _oca ioT is l cated with➢n any over ay District Area or a Special Rood Lazard Area identified by maps officially adopted by `she Lour ty Sec. 21-5=510. = S or-nrwaterr management. As part of the application for a 1 041 WOGLA Permit, an operator shalllorovideJproof of a valid stormwater discharge perimit issued by CDPHE. operator sha 0 submit a drainage report to comphy with required Sto i u c Drainage Criteria oursuant to Chapter 8 Article X of this Code. Additional requirements for M anicipa o Separate Storm Sewer System (MS4) areas -srav e: applicable pursuant to C'aaoter 8 Article lX of this code. Me fo lowing stancards apply only to the development _ of oil ar d bias exoloration and production V the We d VRneral Resource (OH and Gas) Area. i Cnese sta Tdards shall be supported by calculations signed and stamped by a Colorado Licensed Professional Engineer and accepted Pb the _ Weld Counter Department cf Puoolic Works. A. OH and Gas a nk battery secondary contain ne Len calculating the oil a d Gas Location imperviousness aid pervious areas, secondary containment areas may be excluded from the tota site ThpPrviousness andpervios caalcu airs prov,dded that the secondary co ~eta inrcons area is approoriately sized to sold the _ on gi pally designed safet contain Fsent vo umes °lus the 00 -year storm rainfall. B. Detenti n pnd storage vo ure. On non -urbanizing areas _ during the Construction Phase, detention _ponds shall be sized to store The sors water runoff generated by the 1 -hoar 100 - year scorn falling or the developed site and release of tre detained water at the historic runoff rate of The 1 -hour, 10 -year storm faallin° on the L ndeve aped site or at 5 cubic feet per second, whichever is greater. C Lis°oric is defined as an indeveloped site (before any development) with an assumed 2.0% i r, -perviousness maximum. Du Ping the Production Phase or or, rbanizinp areas detention p.rds shaal adhere to Sec. 8-1' -103.A.` . of this Code. C. Detenpion pond freeboard. Curing the Constrjction Phase, less than / foot of freeboard may be allowed on a case-byocas. his exception sha l be supported o y calculations signed and stamped by a Colorado Licensed Professiona HngiiThe er and accepted bjy the We d County Department of Public Works. Duro lg the Production Gina se, the dote stion pond shall adhere to Sec. 8-11-100.A.4. of this Code. ardency spi way. order to prevent damage to pub roadside ditches) a cutoff wall is retention ponds. 1 e CL emergency spillway e Lv owned infrastructure roads, regu ed on all private) maintained detention pofds and toff wall permanently defines the emercency spi Tway opening. ►i he evatioo l must be tied back into tThe top of the ea ban PAGE 89 Pent usi nog a 2020-1782 ORD2020-12 Haring and venting. Raring and veil 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 oro Dosed 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. o Sec. 21-5-5150 Storage of non -c sse a o 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. 21-5-520. E i u pment anchming 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, 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. 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. For purposes of this rule, the term "Minimize Adverse Impacts" shall mean, wherever reasonably practicable, to: 1. Avoid adverse impacts from Oil and Gas Operations on Wildlife Resources; 2. Minimize the extent and severity of those impacts that cannot be avoided; 3. Mitigate the effects of unavoidable remaining impacts; 4. Take into consideration cost-effectiveness and technical feasibility regarding actions taken and decisions made to Minimize Adverse Impacts to Wildlife Resources; and 5. Follow the Operator's Wildlife Mitigation Plan, if one is required pursuant to Rule 1203 of 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; PAGE 90 2020-1782 ORD2020-12 4 he extent to which conditions o approval wi promote the use of existing facilities and neduction of new surface disturbance; —he extent to which leggjy accessible, technologically feasible, and c.nomical practicable alternative sites exist for the proposed new Oil ano Gas ocatio u, 6. The extent to which the proposed OH and Gas operations will use technology and practices which are protective of the environmcnt and Wilclife Resources;_ 7. he extent to which the proposed oil a and habitat fragmentation; nd Gas ocation minimizes surface disturbance O. The extent to which the proposed oil and Gas _ocation is within land used for residential, industrial, commercial, agricultural, or ther purposes, and the existing disturbance associated wih such ise. Seca 215530 Other generEd orperrflo not rreviu rent L nts regarniq vfnMdfe protection. Sub regui eat t I exception Fay the OGI D Director for site specific reasons and B Ps, the operating cements identified below shall aptly in all areas. A. -a Minimize Adverse Impacts ti•. Wildlife ResoL rtes, Operators shall plan new tra isp 'ration networks and new oil and gas facilities to minimize surface disturbance ano the number and eng h of oil and gas roads and L tilizc common roads, rights of way, and access points to the extent practicab any requirerei regulations, an effec ivei B. Establis essa e, consistent with these rules, an operator's operational requirements, and is _ imposed by federal _ and state land management agencies, Weld County's d _ SUAs and oth new s oodplains. er Surface Owner requirements, and taking ioto account cost d tecninical feasibilitt ph refueling, and Chemical storage areas outside of riparian zones and C. �,se minimum practical construction widths for new rights -of -way where Pipelines cross riparian areas, streams, and critical habitats. Sec. 21-5-535. Rego fl ems nits on C-Hgh Prot itv Ha t tso An Operator f ah OH and Gas ocation within a n igh Friodfli Habitat shall fol ow tin operator's WOollife Mitigation `''Ian, if one is required pursuant to Rule 1203 of the COGCC Rules. Sec. 21-50540. General operating regaSrents on Pr o o V°oty ills tatso A. .f ;ject to exception h3 the OGED Director for site specific reasons and BVAr s, within High Priority Habitat and Restricted Surface Occujpancy Areas Operators snail comfoly with the following operating rcquirerre«ts: 1 During Pipe he construction for trenches that are left ,open for more than five (5) des aid are g neater than five (5) feet in width, install wi d ifs crossovers and escape ramps where the trench crosses we defined game trails and at a minimum of one quarter (1/4) File interva s where the trench parallels we]lkdefined game trails. 2 inform and educate empl gees and contractors on wildlife conservation prractices, incl..Jiding no narassent or feecing of wild[ife. 3. Consolidate new facilities to minimize impact to wi dlife. PAGE 91 2020-1782 ORD2020-12 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. 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. Sect 21-5®545. General R cll rnan 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 Sections 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=550s Ste prepparafion and sta ?Hfiz tionn A. Soil removal and segregation. 1 Soil removal and segregation on Crop Land. As to all excavation operations undertaken on Crop Land, the Operator shall separate and store soil horizons separately from one another and mark or document stockpile locations to facilitate subsequent Reclamation. When separating soil horizons, the Operator shall segregate horizons based upon noted changes in physical characteristics such as organic content, color, texture, density, or PAGE 92 2020-1782 ORD2020-12 consistenc\ . Segregation wi l be performed to the extent practicable to a depth six (61 feet or bedrock, whichever is snal ower. 2. Soil renmoval and scgregatio i on nor -crop and. As to all excavation operations endertaken on Neon -Crop _and, the operator sna separate and store the topsoil horizon or the top six (6) inches, whichever is deeper. and mark or document stockpile locations to facilitate suosequent Reclamation. when s pacrating t soil horizons, the Operator suit segregate the horizon based upon noted changes in physical characteristics such as organic content, color texture, denso� L or consistency. 3 orizoi ors too rocky or too thin. en the soil horizons are too rocky or too thin for the perator to practicably segregate then the topsoil shall be segregated to the extent practicable and stored. Too rocky sha l mean that the soil horizon consists of greater than �hirrty live percent (35%j by voDurne rock fragments Barger thar ter fl 0) inches in die ructcr. Too thin shall mean soil horizons that are Bess than six &I inches V F thickness. Tie Operator shall segregate remaining soils on Croo Lano to the extent practicable to a depth of three () feet below the ground surface or bedrock, whichever is shallwer, based upon noted changes in physical cha 'acte�tistics such as color, textture density or consistency and such soils sha l be stockpiled to avoid loss and mixing vvitn other soils. B. Protection of soils. Al stockpiled sons shall be protected from degradation due to contaminatin, compaction and, to the extent practicable, from wino and water erosion during droJli�i and production operations. BMps to prevent weed establishment and to nnaintai<n son microbial activity shall be impOemented. Dro pad location. The old ling location sha l be desia ned and constructed to provide a safe working area while reasonably minimozorg the total surface area disturbed. Consistent with applicable spacing orders and We location orders and regulations, in ocating drU pads, steep s apes shall be avoided when reasonabi possible. 'he drill road site sha be f ocated on the most level I cation obtainab e that will accommodate the intender �se. III not avoidab e, deep vertical cuts and steep long fi slopes sha l be corstructed to the east Percent slope practicak where feasib.e, operators s'raa use horizontal dri ins to reduce cumu a,`ive i nnpacts and Minimize Adverse lnnpacts on wi dlife Resources. D. Surface disturbance minimization. 1 hi order to reasonably minimize land disturoa Sites, P °ocuctio n Facilities, gal'Jneri ng Pipe aces and facilitate future Reclamation, well ines, and access roads shat ocated, adeouately sized, corstructed, and main aired so as treasonably control dust and Mini doze Erosion, alteratin f natural features, removal of sun' aco degradation due to contamination. 2. Operators shall av 0. the deg S id or Niri ree practicab e. ninrize Adverse lm pacts to wetlands and lnateria riparian s, and Habitats to Vvnero practicable, operators s'r-a L_corsolidate facilities and Pipeline rights -of -way to Minimize Adverse impacts to Wildlife Resources, including fragmentation of wildlife habitat, as well as cumulative impacts. Access tads. ►Existing roads sha l be used to the greatest extent practicab e to Minimize Erosion and mini thine tlte and area devoted to of and Gas Operations. Roadbeds shall be engineered to avoid or l linirrize Adverse impacts to riparian areas or wetlands to ":he extent practicable. Jnavoidab e imp acts shall be mitigated. Road crossings if streams PAGE 93 2020-1782 ORD2020-12 sh Hi be dosn ed and constructed to al appropriate. Where fea&b ow fish passage! where praoticaob and e and ;practicable, Oroerators are Cr ioourag roads 'in deveblonnq a H e0d. Where fea sible and practicable, complement other the eraior, con ed to s roads sna l nare access i Cie and Usage. o the greatest extent pracUic bOe, alll vehio ractors, and other pates assodated with the We uotsido of the origina sna oLt ed to es used by not tray& access road boundary. Repeated r rp .0 grant arcetsj o fte to restrict lease access to Dosses shah subect the VVoG1 A Heath Sec. 21-5-555. kfla ease roads which resu t on Jnreasor b e da --age or o ro 0 04' WOG A Perr1 nits to su spe - si on or revocation by the 1104 rsua r� Redaranation t to Sec. 21-o-370. A. eneral Debbris and waste materials ogre rthan de mirrimis amour its, incudin%, but not limited to, concrete, sack bensonite and other dial ono m loldit Ives, sand poastic,_jpiipe and caUe, as wen as rcrl. oprinent associated witr tie drril rrg, re-entry, or yo ru l lionoo'perations shah be removed. A waste shah be hand ed a000rdng to Sec. 21-50450 of this Artioie V. N [H resnwater or Production onds, cc ars�, rat holes and othei bore hobs further oit and as operasions, w U ue backfio ed as soon as possiNe afte r ye asca ' o confo rm woth surrou unnecessary for r th d� ri i rnr rog Us ndUno terrain. On Crop fi and, of requested by Ling U Trace Owner oI y hi _e anchors sha be removed as soon as reasonab9possob a after the c,ornpieflan hg is released. Wren permanent guy ine cr,ohors are instfled, it sha rot be mandatory to remove them. When permanent guY ore anchors are or sta Led or C Po, ard, care sha be tot en to mUnrmr e drsruptb1 L or cj fix/radon, Riga ion,___orr naJ Vesing operations. f r eel este � � y the Sj �cOw-et the -chars hall % ' S UficaH�% r�tin k 1n �� ir'lror� Oo the ma future use shat doe �denti��ied9 by a marker of brig r` t color not less than fo,lr (4) g required bellow, to fad Utat farm no opera ions.Aii guy one a no no rs and non' greater than one "I foot east or t -e guy n hOr. Den o et i D rt erinn Refill rrr atio of areas no anger in use. Af d Us` urbeareas affected by d h lied f o rr height inc or subsetwent operations, _ except areas reasonably needed fur production operations or for subsequent fling operations to be co erced within twe ye p. 2) ma cs oar v and as near d esognat brosio tns, sruaio be rec alined y as practc b[e to t'-eiR orogonar oond ion or theft- final and Use as d9 rov the S u to -rho extent additional topsoi niPaCie Owner a -d s -a10 be runaVtaoned to c -tro dust and JMrnrmUze oracticablle. As ho uro p _aids if subsidence occurs in such areas shah oe added to the depression and the s nd9 snail be re-ieveied as dose to its ori(lined contour as pracUcablle. h iterim Reclamation shah occur no Eater than three a) morn °n on ��ro� ,l andon �� r�nont? is or Non=Crop land af er such operations. Operator may submit odd \NOG ne A Sundry Form to trne OGr D) Director rod uestina an extension due to conditions outside the Operator's oontroo. real rreasor Eby needed f o a production oaerations or for subsequent d1PiOfirng operations to be corrimerced wiA n tw a months sha be compacted, co ere 'In paved, or otherwise stabffized and maUnt Ned ire sucn a way as to mi im:ye dust and e9 osion to the ax e it I racucao .�. C. Compaction a e iatiorn NI areas compacted by d9 rii hg and subsequent a and Gas operations which are no l o rnger needed fohowing completUon of such operations shah be cross- ipped. o Crop and, such compaction evi trorr oroeratooris shah be undertaken t ken when the soil moisture at the fi F e of rh p ng is be ow thirty-five percent (35%) of field capacity. ?ipping sna be unde1aceo a depth of &igintee (18) inones u less and to extent bed rock is encountered at a gin- a Jaye[ depth PAGE 94 2020-1782 ORD2020-12 D. Restoration and revegetation. When a Well is completed for production all disturbed areas no longer needed will be restored arevepetated as soon as practicaole. Revegetation of Crop be replaced to their original relative positions aro 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 u�ndesiraole species and noxious weeds, and to Minimize Erosion. Any perenri l forage crops that were present before disturbance shall be re-established, acceptable to the Surface Owner. ands. All segregated soil horizons removed from Crop ands s nail 2. ReveQ, etation of Non=Croo ands. All se reoiated soil horizons removed from Non -Crop Lands snail 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 adequately to estab ish a oroper seedbed. Tne disturbed area then shall be reseeded in the first favorable season following rig derobi ization. Reseeding with species consistent with the adjacent plant community is encouraged. On the absence of an a reement between the Operator and the affected Surface Owner as t0 what seed mix should be used, the Operator shall consult with a representative of the local soil conservation district to determine the proper seed mix to use in revegetating tie disturbed area. n an area wnere an perator has drilled or plans to drill multiple Wei s, in the absence of an agreement between the Operator and the affected Surface Owner, the Operator may rely upon previous advice given by the local soil conservation district in determining the proper seed mixes to be used in revegetating each type of terrain upon which operations are to be condL cted. Interim Reclamation of all disturbed areas no longer in use she be considered complete when all ground surface disturbing activities at the site have been conpleted, and all disturbed areas have been either bL ilt 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 eight percent (80%) of pre -disturbance levels or Reference Areas, excluding noxious weeds. Re- seedingg alone is insufficient. Interim Reclamation completion. The Operator shall notify the OGED Director via the 1041 WOG A Sundry Form with a description of the interim Reclamation -procedures and any associated mitigation measures performed, an changes, if applicable in the landowner's designated final Land Use, ard at a minimum four (4) color photographs taken during the growing season of vegetation, one (1) from each cardinal chection which document the success of the interim Reclamation and one (1) color photograpn which documents the tota cover of live perennial vegetation of adjacent or nearo, undisturbed land or the Reference Area. Each photograph shall be identified by sate taken location name, &DS location, arc direction of view. 4. -temporary Access °ermits. Of a temporary access per nit is associated with a drill site, the temporary access will be reclaimed in accordance wit n Chapter 8 Article Xly of this Code. 5. Wee° control. All areas being reclaimed shah _ be kept as free of weeds as _ practicable. Weed control measures shall be conducted in consultation with the Weld County Weed Management Specia ist. It is tie responsibUity of the Operator to monitor rec aimed lands for noxious weed infestations. necessar the OGIH D Director may require a weed control plan. PAGE 95 2020-1782 ORD2020-12 Sec. 21-5=560. For a RedarraUonD A. Well Sites, associated Production Facilities, and access roads. upo Abandonment of a Well, a Freshwater Pits or Production Pits, mouse a cellars shall be backfilled. A n the dl debris abandoned Gathering line Risers and F P ' ow Aging and roles and One Risers. and surface equipment shah be remved within three (3) months of pllJggling a Well AM access roads to Plugged and .Abandoned Wells and associated G roductio r Facilities sha l be dosed, graded and neconto, red. _ verds and any other o bs t rictio s tha y were pad of .lare access road(s) sra be removed. Well locations, access roads and associated faci ities shall be reclaimed. As 000 icable, compaction alleviation, restoration, and revegetatio�n of \I fel Sites, associated Production=ecilities, or access roads shall be aenformed to the sa~ie stag dards ES established 'or interim Recta, m ati on wider Sec. 21-5-555, above. Al other ec wpu �ent, supp i s, weeds, ruto,Cc ish, and other waste material shall be 'eroved. The bl rning or bLn al of such material on the premises snail be _performed in accordance wi�tn applicable ocal, state, or federal Solio Waste Disposaregulations. In addition, material nay be ourned or buried on the premises only with the prig P written consent of the Surface Owner. A Bich Recf a 7 ation work shall be cormNeted within three (3) months on Crop and and_ w 9elve (12) rTonths r n Non -Cron Land after °lugging a Well or final closure of assoc ateo Production hacilities. he * G -; Director may grant an extension where unforeseen crcumsta'ces are encountered but every reaso able effort shall be made to complete Rec amation before the next oca growing season. Sick request shall be made in writing to the OG D Director via 1041 Sundry Form. Final Reclamation threshold 'or approval and release. Successfu Reclamation of the Weil Site, associated PodjchoFaci ities, and access road means: On Crop J, Rec 2105-555 and C1 amation has been performed to the standards established Jrder Sec. sere has been no significant unrestored subsidence over two growing seasons. 2. o i\on-Crop D and, Reclamation has been performed to the standards established rder Sec. 21-5-555 and disturbed areas have been either built on, core paced, covered, paved, or otherwise stabilized in such a way as to Minimize Erosion to the extent ;p'acticab e or a inhcorre vegetative-- cove- has been established that reflects pre-distjrbance or Reference Area forts, shrubs, and grasses with total percent 0[a ' cover oi at east eighty percent (80%) of pre -disturbance levels or Reference Areas, excluding noxious weeds. �Jhe operator s' -a.00 consider the total cover of live perennial vegetation of Reference Area, rot including ove'story or tree canopy cover, having siTilar soi s, s ope and aspect or tre -ec aimed area. 3. Disturbances resifting from Flowline installations and/or removal snail be deemed adequately rec aimed when the disturbed area is reasonably capable of supjpo lithe lire=disturbare ce Land Use. C. Final Reclamation ► of all disturbed areas shall be considered corn olete w ien a activities disturbing the glroir,d nave been completed, and all disturbed areas have been ei hey built upon, compacted, l pactedl covered paved or otherwise stabilized on such a way as to Knkienize Eros n, o a uniform vegetative cover has been established that rence Area fa bs,s nos, ano grasses with total percent p a ref ects pre-distl rba nceo it cover of at east eight/ percent (80%) of pre -disturbance levels or Reference Areas, excluding noxious weeds or equivaentpermanent, ph3 sica alone is it sufficvent. erosion reduction methods have bee PAGE 96 employed. Re -seeding 2020-1782 ORD2020-12 D. Weed control. ADD areas being redaimed shaD be kept s free of weeds as pac icaNe. Weed control measures sha be conducted in consufaUot with the VAVeDd Count Weed Management SOeciahist. Dt is the resoonsibiHiyy of fe Operator to roritor reclaimed lands for r‘ox ous weed it tfestauons. D u rlecess P\L 'she OGED Diree,or may re pt, ire a weed control plan E. Rnad 6 _ ecD ar n a Torn co ��oDet�iorn. The Operator s i� WOGLA Sundr associated n D ilfy the OGED Director via the 104 arm 4th a description of th fined Rec amation—procedures and and , not ga tior measures performed, an cranges, if a pry ice Ue irn the Dandowner°s designated uireaD aid Use. ocated on Crop rye 0 and a ni oerator shaHD a rarm u ran of fo each the foDDowing: (4 coDor photographs one cardna drectdor taken ck,, hp toot- the growing and ror=clrowvirng season, w te success of the final kec anaUio t. D r ocated on Non -Crop Land a raninimum of fou coDor photographs ore (' ) ?nom each card -afl direction take durrhg the growing season o vegeta hon and one J co or arot0o M rrch docwr t gents the tot ad cover of hve oerenniaD vegetation of aiacerny or nearnearty undisturbed and, or the Reference Ares-acr each photograp I shall be ident ied by date of view. 2. Where necessar f, the 0 =e rato ken Docation name, G re. D submit to the OD from itch documen P ocatiorn, and Direction D Directo a Surface Owuer RecDamation reDease form' 0 if the SSA Tr ace Owner wishes to have areas un=rec items Rec eft on ©cation. amatron wifi be and \NI e 0G I• _ D Director shall review the regu ecessary to protect airr' est and deter ra edor one if purdic heaDth safetyand vveOfare, environment dffe of VVeDd Count/ pursuant to sec 21-5-545.B. U o G )Duirector's ago -oval, tre & rwro ce Owner Rec a a ion reDease form shall be placed of record wi h the I�yeUd County Che a and Recorder -he OGFD Director s. Ian comp ete a review of tre submitta and when necessai gr orm, an or' -sine insoecUionllf the OC PD orector deterTH es that there are no ou°°standorg co -lo i {,ce issues associated witr the oca1io t `ire fined Rec �'-a goon sha be deemed complete and approved. The Operator sna then be reGeased of any f urt er oCbhgg.. anions o t the ocation. Df the OGED Director determines RocDamanon efforts to b o or vsuificient or inco p eSe the Ope ratorfl ‘,Iyi be notified in writyi rg of such i _ dines. Aporays by the OGC D Di ecto r is reeluired for a re to co Drecto re ct o (I with any _ r set ong a suspe Seca 21=5-570. VaS. C So Operator to be re of eased of ob igatoons on -Hese fined RecBamaUion standards ma I soon or revocation hearing before t An Operator ma f seek, with good cause s C h a ote r 2' Director as seek vad nce to a be rec snow that ft 9 reojuire iredDfor the as he ocation. res, e Hearing Office novvn, a variance toany rule or regJlation found in Article V of this Code. A variance reQuest shall be s Jbrni ted in writing to the OGFD part of the 1041 WOGLA Permits Apo Ocatuon or Sundry F orm Shou d an Operator n order issued by tine 1O4 VVOGI Iearong Ors u icer, a subsequent nearing may [e ring Officer to grant a variance. ne Opera.or requesting a variance nraust made a good mar- effort o comp or is jna bile to co 11 with the specific eats contained in these 1041 WOGLA Regulations or the 104 _ which irt seeks a variance. The 0 lat the requested variance sha environment cD D ;senator must a WOGLA Perits pro n so demonstrate through mitigation measu w�inUmize Adverse c.thg WiDa e Resources. ADD APPFFID a mi—fl- Areas. X 21-b3 o W s res nipacts to pub is neat safety, welfare, and d county Ooh and Gas Depaa� n MM [I and Neu -Urban PAGE 97 2020-1782 GRD2020-12 DE 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. The above and foregoing Ordinance Number 2020-12 was, on motion duly made and seconded, adopted by the following vote on the 27th day of July, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Mike Freeman, Chair Weld County Clerk to the Board Steve Moreno, Pro -Tern BY: Deputy Clerk to the Board Scott K. James APPROVED AS TO FORM: Barbara Kirkmeyer County Attorney Kevin D. Ross 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 July 27, 2020 August 5, 2020, in the Greeley Tribune August 10, 2020 PAGE 98 2020-1782 ORD2020-12 Weld County Oil and Gas Department Ag-Rural and Near -Urban Planning Areas 14 LARIMER BOULDER .01 • ,4 7 t ON CM O!tt ' , 126.5 P 90 110 I lIl S FREDERICK IACONO Ir 96 ■ 1 138 M Igasiixe 98 M 94 LARAMIE 114 1112 :r 12 lOr ha 411 n N N 124 120 1363 m 44 42 40 132 N 68 ORT LUPTON 1Ocr.BIIE 511 14 84 P ITZ .160 52 8 Ir I^ 2.5 47 1 $1152 '26s m 4 6.5 136 13u O 112 384 0 1163 $ 110.5 128 a 134 116 VI 122.5 KIMBALL 88 82 18 12a) N w LOCAr. MORGAN 1 1 J ADAMS Appendix 21-B Ag-Rural Planning Area Near -Urban Planning Area Near -Urban Planning Area Municipality 1:210,000 2.5 5 I I I —�-- 10 Miles Hello