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Home My WebLink About20193247.tiffWELD COUNTY CODE ORDINANCE 2019-10 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST ARTICLE I - Administrative Regulations Division 1- Introductory and General Provisions Amend Sec. 21-1-10. Title and citation. The regulations found in this Chapter 21 may be referred to generally as the 1041 Regulations, unless the specific regulations adopted for the designated area or activity of state interest has a designated name for that Article of this Chapter 21. All citations hereto shall be with reference to the Section numbers of the Weld County Code, as set forth herein. Amend Sec. 21-1-20. Purpose and findings. A. Purpose and intent. The purpose and intent of the Section 1041 Regulations is to facilitate identification, designation and administration of matters of state interest consistent with the statutory requirements and criteria set forth in C.R.S. §24-65.1-101, et seq. B. Findings. With respect to these 1041 Regulations, the Board of County Commissioners finds as follows: Delete 1 and renumber, as follows: PAGE 1 4511404 Pages: 1 of 58 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO Ill FdlrAkillialliADIVIIINIVIIINIVINIklik lu II 2019-3247 cc : CT6(Cc,/C1-l), ORD2019-10 CQ (BB), F C OwvJo), acT( Bc/ca), OC (Jr )), PL(TP), PwC3'm/2.RicH/ Oa) Og/O? (1 9 1. The 1041 Regulations are necessary because of the intensity of current and foreseeable development pressures on and within the County and to promote the health, safety and welfare of the citizens, and to protect the environment and wildlife of Weld County; Delete 3 and renumber, as follows: 2. The 1041 Regulations apply to the entire unincorporated territory of the County; and 3. The 1041 Regulations interpret and apply to any regulations adopted for specific areas of state interest and specific activities of state interest which have been or may be designated by the Board of County Commissioners. Amend Sec. 21-1-30. Legal authority. The 1041 Regulations are authorized by and through the Colorado Areas and Activities of State Interest Act ("AASIS"), C.R.S. §§24-65.1-101, et seq.; the Colorado Local Government Land Use Enabling Act, C.R.S. §§29-20-101, et seq., including, without limitation, C.R.S. §29-20-104; the County Planning and Building Code statutes set forth in C.R.S. Title 30, Article 28; and the powers and authorities conferred upon home rule counties set forth in C.R.S. Title 30, Article 35, 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. Amend Sec. 21-1-40. Applicability. The 1041 Regulations shall apply to all proceedings concerning identification and designation of any developments in any area of state interest or any activity of state interest which has been or may hereafter be designated by the Board of County Commissioners, and the control of development in any such area or activity within the County, unless specifically excepted pursuant to the provisions of the regulations in the applicable Article of this Chapter 21. Amend Sec. 21-1-50. Exemptions. The portions of the 1041 Regulations authorized exclusively under Section 24-65.1-101, et seq., C.R.S., shall not apply to any development in an area of state interest or any activity of state interest which meets any one (1) of the following conditions, as of May 17, 1974: (a) the specific development or activity was covered by a current building permit issued by the County; (b) the specific development or activity had been approved by the electorate of the County; or (c) the specific development or activity is to be on land: (i) which has been conditionally or finally approved by the County for planned unit development or for a use substantially the same as planned unit development; (ii) which has been zoned by the County for the use contemplated by such development or activity; or (iii) with respect to which a development plan has been conditionally or finally approved by the County. Amend Sec. 21-1-60. Relationship of 1041 Regulations to other county, state and federal requirements. A. More restrictive County standards or requirements control. Whenever the 1041 Regulations are found to be inconsistent with any other applicable resolution, ordinance, code, regulation or other enactment of the County, the enactment imposing the more restrictive standards or requirements shall control. PAGE 2 4511404 Pages: 2 of 58 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO IIIII t AIKi (I 101I411.Irili AMIli Sidive II III 2019-3247 ORD2019-10 B. Statutory criteria in C.R.S. §24-65.1-202 and §24-65.1-204, control if the 1041 Regulations are less stringent. In the event the 1041 Regulations are found to be less stringent than the statutory criteria for administration of matters of state interest set forth in C.R.S. §24-65.1-202 and §24-65.1-204, the statutory criteria shall control. C. The 1041 Regulations control if statutory criteria less stringent in C.R.S. §24-65.1-202 and §24-65.1-204. In the event the 1041 Regulations are found to be more stringent than the statutory criteria for administration of matters of state interest set forth in C.R.S. §24-65.1- 202 and §24-65.1-204, these 1041 Regulations shall control pursuant to the authority of C.R.S. §24-65.1-402(3). D. The 1041 Regulations set forth in Article V Chapter 21 control in cases of overlapping requirements of this Code. Where the 1041 Regulations set forth in Article V of Chapter 21 overlap with other applicable regulations in this Code, then the 1041 Regulations set forth in Article V of Chapter 21 control. E. The 1041 Regulations are in addition to, and not in lieu of, other regulations of the County. The 1041 Regulations are intended to be applied in addition to, and not in lieu of, all other regulations of the County, including, without limitation, the zoning, subdivision, planned unit development, regional urbanization area, intergovernmental agreement, individual sewage disposal system and Comprehensive Plan portions of this Code. Delete F. Permit requirements and reletter subsequent item, as follows: F. Other governmental agencies. In the event that any political subdivision, agency, instrumentality or corporation of the State of Colorado or the United States government, or an entity regulated by such a designated governmental unit, seeks to conduct a designated area or activity of state interest in the County, the intent of the 1041 Regulations is that the Board of County Commissioners shall exercise its authority pursuant to the 1041 Regulations and state statutes to the maximum extent allowable consistent with federal and state law and regulations. Amend Sec. 21-1-70. Duties of Board of County Commissioners. Unless otherwise specifically provided for, it shall be the duty of the Board of County Commissioners to perform all of the functions set forth in this Article I, and those specified in Articles II, Ill, and IV of this Chapter 21. The Board of County Commissioners shall also be generally empowered to hear appeals from any person aggrieved by any decision of the Planning Director made in the course of administering these 1041 Regulations. Any such appeal shall follow the appeals procedure set forth in Section 2-4-10 of this Code. Amend Sec. 21-1-90. Definitions. The words and terms used in these 1041 Regulations for administration of areas and activities of state interest shall have the meanings set forth below, unless the context requires otherwise: Designation: Only that legal procedure specified by C.R.S. §24-65.1-401, et seq., and specified in this Article I as carried out by the Board of County Commissioners. Development: Any construction or activity which changes the basic character or the use of the land upon which the construction or activity occurs, as determined in accordance with the provisions of Chapter 23 of this Code. PAGE 3 2019-3247 ORD2019-10 4511404 Pages: 3 of °i8 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppas, Clerk and Recorder, Weld County, CO IIIII MrjIR'1 Ir1lr'I*aylial9 II I'! 1 Il h'd II II III Division 2 - Designation of Matter of State Interest Amend Sec. 21-1-210. Public hearing required. A. and B. — No change. C. (Repealed.) Amend Sec. 21-1-220. Notice of public hearing, mailing list, publication. A. and B. — No change. C. At least thirty (30) days but no more than sixty (60) days before the public hearing, the Board of County Commissioners shall publish the notice one (1) time in the newspaper of general circulation in the County designated by the Board as the County legal newspaper and shall mail the notice by first class mail to each of the following: 1. State and federal agencies, as deemed appropriate in the discretion of the Board of County Commissioners. Remainder of Section — No change. Amend Sec. 21-1-230. Matters to be considered at designation hearing. At the public hearings on designation, the Planning Commission, to the extent applicable, and the Board of County Commissioners shall consider such evidence as they deem appropriate, including, but not limited to, testimony and documents addressing the following considerations: A. — No change. B. The matters and considerations set forth in any applicable guidelines. Remainder of Section — No change. Amend Sec. 21-1-260. Adoption of designation and regulations. A. thru D. — No change. E. Adoption of regulations adopted after designation of a matter of State interest shall be enacted by Code amendment through adoption of a Code ordinance change. Sec. 21-1-270. Submission of material to Colorado Land Use Commission. (Repealed.) Amend Sec. 21-1-290. Effect of designation - moratorium until final determination. Except for the 1041 WOGLA Permit regulations and procedures set forth in Article V of this Chapter 21, after a matter of state interest is designated pursuant hereto, no person shall engage in development in such area and no such activity shall be conducted until the designation and regulations for such area or activity are finally determined as required by C.R.S. §24-65.1-404(4). ARTICLE II - Permit Regulations The permit regulations set forth in this Article II shall not apply to the regulations and procedures regarding 1041 WOGLA Permits set forth in Article V of this Chapter 21. PAGE 4 4511404 Pages: 4 of 58 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO gill �ithitkiiihRISIMNI 11111 2019-3247 ORD2019-10 Division 5 - Administration, Enforcement and Penalties Amend Sec. 21-2-500. Enforcement and penalties. Any person engaging in a development in a designated area of a state interest or conducting a designated activity of state interest who does not obtain a permit pursuant to these 1041 Regulations, who does not comply with permit requirements, or who acts outside the authority of the 1041 Permit, may be enjoined by the County from engaging in such development or conducting such activity, and may be subject to such other criminal or civil liability as may be prescribed by law. ARTICLE III - Site Selection and Construction of Major Facilities of a Public Utility Division 2 - Designation of Site Selection and Construction of Major Facilities of a Public Utility Amend Sec. 21-3-200. Designation of site selection and construction of major facilities of a public utility. The Board of County Commissioners, having considered the intensity of current and foreseeable development pressures, and the provisions and requirements of these 1041 Regulations, orders that the designation of site selection and construction of major facilities of a public utility as a matter of state interest made by the Board on May 16, 2001, is hereby ratified and confirmed and that this activity shall be regulated pursuant to the provisions of this Chapter. Remainder of Section — No change. Add New 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) 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 "Mineral Resource (Oil and Gas) Area"], through the authority delegated to Local Governments in Section 24-65.1-202, C.R.S. Such designation is contained in Section 21-5-200, below. The regulations (referred to herein as "1041 WOGLA Regulations") set forth in this Article IV are also made pursuant to the authority granted Weld County in the Colorado Areas and Activities of State Interest Act ("AASIS"), 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, C.R.S., including authority to adopt the Weld County Home Rule Charter to ensure self- determination and to promote the health, safety, security and general welfare of the people of Weld County; 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 III are to: PAGE 5 2019-3247 ORD2019-10 4511404 Pages: 5 of 58 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO �� NFAI iligliliii')I' MAJNIII'NYgliAid 11111 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 the exploration and extraction of oil and gas within the Mineral Resource (Oil and Gas) Area in Weld County; E. Protect air quality in Weld County; F. Protect the environment and wildlife in Weld County; G. Promote the efficient and economic use of public resources in Weld County; H. Protect and administer the Mineral Resource (Oil and Gas) Area in such a manner as to permit the exploration and extraction of oil and gas and thereby minimize waste, unless such exploration and extraction 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 extraction of oil and gas within the Mineral Resource (Oil and Gas) Area in Weld County; and J. Regulate the exploration and extraction of oil and gas within the 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 Section 21-1-90 of this Code, the following terms specific to the designation of site selection and construction of major facilities of a public utility shall be construed to have the meanings set forth as follows: 1041 WOGLA Permit: means a Weld Oil and Gas Location Assessment permit issued pursuant to this Article V. Applicant: means the person who applies for a 1041 Weld County Oil and Gas Location Assessment ("1041 WOGLA") permit. The Applicant may be referred to herein as the "1041 WOGLA Permittee." Barrel: means 42 (U.S.) gallons at 60° F at atmospheric pressure. Base Fluid: means the continuous phase fluid type, such as water, used in a hydraulic fracturing treatment. Best Management Practices (BMP's): means practices that are designed to prevent or reduce impacts caused by Oil and Gas Operations to air, water, soil, or biological resources, and to Minimize Adverse Impacts to public health, safety and welfare, including the environment and Wildlife Resources. PAGE 6 2019-3247 ORD2019-10 4311404 Pages: 6 of 38 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO �� NIAWINIVI+r :1IMPIII li MIIA IA III II Building Unit, for obtaining a 1041 WOGLA Permit, means a Residential Building Unit; and every five thousand (5,000) square feet of building floor area in commercial facilities or every fifteen thousand (15,000) square feet of building floor area in warehouses that are operating and normally occupied during working hours. Buffer Zone: means the area one -thousand (1,000) feet from an Oil and Gas Location as measured from the Oil and Gas Location's disturbance area boundary in every direction. Cement: means a powdery substance made with calcined lime and clay. It is mixed with water to form mortar or mixed with sand, gravel, and water to make concrete and may be measured in 94 -pound sacks. Centralized E&P Waste Management Facility: means a facility, other than a commercial disposal facility regulated by the Colorado Department of Public Health and Environment, that (1) is either used exclusively by one owner or Operator or used by more than one Operator under an operating agreement; and (2) is operated for a period greater than three (3) years; and (3) receives for collection, treatment, temporary storage, and/or disposal produced water, drilling fluids, completion fluids, and any other exempt E&P Wastes that are generated from two or more production units or areas or from a set of commonly owned or operated leases. This definition includes oil -field naturally occurring radioactive materials (NORM) related storage, decontamination, treatment, or disposal. This definition excludes a facility that is permitted in accordance with COGCC Rule 903. Chemical(s): means any element, Chemical compound, or mixture of elements or compounds that has its own specific name or identity such as a Chemical abstract service number, whether or not such Chemical is subject to the requirements of 29 C.F.R. Section 1910.1200(g)(2) (2011). Child Care Center means a Child Care Center as defined in Section 26-6-102(5), C.R.S., that is in operation at the time of the 1041 WOGLA Permit notice pursuant to Section 21-5-320.B., below. A Child Care Center will include any associated outdoor play areas adjacent to or directly accessible from the center and is fenced or has natural barriers, such as hedges or stationary walls, at least four (4) feet high demarcating its boundary. Classified Water Supply Segment: means perennial or intermittent streams, which are surface waters classified as being suitable or intended to become suitable for potable water supplies by the Colorado Water Quality Control Commission, pursuant to the Basic Standards and Methodologies for Surface Water Regulations (5 C.C.R. 1002-31). COGCC: means the Oil and Gas Conservation Commission of the State of Colorado. Commercial Disposal Well Facility: means a facility whose primary purpose is disposal of Class II fluid waste (as defined in 40 C.F.R. §144.6(b)) waste from a third party for financial profit. PAGE 7 4511404 Pages: 7 of 58 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO NFAIMIDalvit II 111 2019-3247 ORD2019-10 Completion: means an Oil Well shall be considered completed when the first new oil is produced through wellhead equipment into lease Tanks from the ultimate producing interval after the production string has been run. A Gas Well shall be considered completed when the Well is capable of producing gas through wellhead equipment from the ultimate producing zone after the production string has been run. A dry hole shall be considered completed when all provisions of plugging are complied with as set out in these rules. Any Well not previously defined as an Oil Well or Gas Well, shall be considered completed ninety (90) days after reaching total depth. If approved by the OGED Director, a Well that requires extensive testing shall be considered completed when the drilling rig is released or six months after reaching total depth, whichever is later. Comprehensive Drilling Plan: means a plan created by one or more Operator(s) covering future Oil and Gas Operations in a defined geographic area within a geologic basin. The Plan may (a) identify natural features of the geographic area, including vegetation, Wildlife Resources, and other attributes of the physical environment; (b) describe the Operator's future Oil and Gas Operations in the area; (c) identify potential impacts from such operations; (d) develop agreed - upon measures to avoid, minimize, and mitigate the identified potential impacts; and (e) include other relevant information. A Comprehensive Drilling Plan must be approved by the 1041 Hearing Officer and shall be valid for a period of six (6) months unless extended by the 1041 WOGLA Hearing Officer. 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. 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 Setback Location: means any Oil and Gas Location upon which any Well or Production Facility is or will be situated within, a Buffer Zone Setback (1,000 feet), or a Building Unit Setback (500 feet), or within one thousand (1,000) feet of a High Occupancy Building Unit or a DOAA. The measurement for determining any Designated Setback Location shall be the shortest distance between the Oil and Gas Location and the nearest edge or corner of any Building Unit, nearest edge or corner of any High Occupancy Building Unit, or nearest boundary of any DOAA. 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. PAGE 8 2019-3247 ORD2019-10 4511404 Pages : 8 of 58 08/02/2019 01:10 PM R Fee:$0,00 Carly Koppes, Clerk and Recorder, Weld County, CO The 1041 WOGLA Hearing Officer shall determine whether to establish a DOAA and, if so, the appropriate boundaries for the DOAA based on the totality of circumstances and consistent with the purposes of this Article V. OGED: means the Weld County Oil and Gas Energy OGED. OGED Director. means the Director of the Weld County Oil and Gas Energy OGED. 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. 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 and 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 derived 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 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 underground reservoir is involved; however, "Field," unlike "pool," may relate to two or more pools. 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. PAGE 9 4511404 Pages: 9 of 58 08/02/2019 01:10 PM R Fee:$0.00 Carly Kopp's, Clerk and Recorder, Weld County, CO 1111 PMNM ItilkligrM.IMIVIYII NNA 11111 2019-3247 ORD2019-10 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; 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 freshwater is not a Flowline. 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 years of the date the School or School Governing Body receives a 1041 WOGLA Permit notice pursuant to Section 21-5-320 B., below. To be considered a Future School Facility, the following requirements must be satisfied: 1. For public, non -charter Schools, the School Governing Body must affirm the nature, timing, and location of the Future School Facility in writing; or PAGE 10 2019-3247 ORD2019-10 4511404 Pages: 10 of 58 0.00 Carl'? KopPes,®Clerk alnd Recorder, Weld County, CO 111 KAM tiOlehkial III 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 it receives a 1041 WOGLA Permit notice pursuant to Section 21-5-320 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 21-5-320 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 gas stored in underground formations. The fact that any such Well is used incidentally for the production of native gas or the enhanced recovery of native hydrocarbons shall not affect its status 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 Colorado Oil and Gas Conservation Act ("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. 7234901 may be found at https://www.sos.state.co.us. Groundwater means subsurface waters in a zone of saturation. High Occupancy Building Unit: means 1. Any School, Nursing Facility as defined in Section 25.5-4-103(14), C.R.S., Hospital, Life Care Institutions as defined in Section 12-13-101, C.R.S., or Correctional Facility as defined in Section 17-1-102(1.7), C.R.S., provided the facility or institution regularly serves 50 or more persons; or 2. A licensed operating Child Care Center. 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 a hydraulic fracturing treatment. PAGE 11 4511404 Pages: 11 of 58 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO 2019-3247 ORD2019-10 1111 rdIVIY,&W 'R 11111 Hydraulic Fracturing Treatment: means all stages of the treatment of a Well by the application of hydraulic fracturing fluid under pressure that is expressly designed to initiate or propagate fractures in a target geologic formation to enhance production of oil and natural gas. 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. Large UMA Facility: means any Oil and Gas Location proposed to be located in an Urban Mitigation Area and on which: 1. The Operator proposes to drill eight (8) or more new Wells; or 2. The cumulative new and existing on -site storage capacity for produced hydrocarbons exceeds four -thousand (4,000) Barrels. 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. Local Governmental Designee ("LGD'): means the office designated to receive, on behalf of the Local Government, copies of all documents required to be filed with the LGD pursuant to these rules. Mineral Owner: means the person who has the right to drill into and produce from a pool and to appropriate the oil or gas produced therefrom either for such Owner or others or for such Owner and others, including Owners of a Well capable of producing oil or gas, or both. Minimize Adverse Impacts: means, wherever reasonably practicable, and taking into consideration cost effectiveness, technical feasibility and the Development Standards set forth in Section 21-5-320 E. and Division 4 of this Article V, to avoid adverse impacts to Wildlife Resources or to the environment, including cumulative impacts where practicable, and minimize the extent and severity of those impacts that cannot be avoided, mitigate the effects of unavoidable remaining impacts, regarding Development Standards and actions and decisions taken to minimize adverse impacts from 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, but are not limited to, revegetation of disturbed areas, mulching, berms, diversion dikes, surface roughening, slope drains, check dams, and other comparable measures. PAGE 12 4511404 08/02/2019 Pages: 12 2019 01 :10PM RFee $0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII I �11�'��B 'JANE ll F+lidirtrilh' ilgi 10,i III III 2019-3247 ORD2019-10 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 E&P Wastes generated from more than one (1) Well that do not constitute a Centralized E&P Waste Management Facility and that will be in use for no more than three (3) years. Multi -Well Site: means a common Well pad from which multiple Wells may be drilled to various bottom -hole locations. Municipal Separate Storm Sewer System (MS4): means an area defined by the Federal Environmental Protection Agency (EPA) in 40 CFR 122 as defined in Chapter 8, Article IX of this Code. Non -Crop Land: means all lands which are not defined as Crop Land, including range land. Oil and Gas Facility: means equipment or improvements used or installed at an Oil and Gas Location for the exploration, production, withdrawal, treatment, or processing of crude oil, condensate, E&P Waste, or gas; excluding Pipeline - natural gas and Pipeline - 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. 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. Oil and Gas Operations: means exploration for and extraction of oil and gas, including, but not limited to, conducting seismic operations and the drilling of test bores; siting, drilling, deepening, recompleting, reworking, or abandoning a Well; producing operations related to any Well, including installing Flowlines; the generating, transporting, storing, treating, or disposing exploration and production wastes; and any constructing, site preparing, or reclaiming activities associated with such operations. Oil Well: means a Well, the principal production of which at the mouth of the Well is oil, as defined by the Act. Operator means any person who exercises the right to control the conduct of Oil and Gas Operations. An Operator may be an Applicant for a 1041 WOGLA Permit. The Operator may be referred to herein as the "1041 WOGLA Permittee." Pipeline, for this Article V, means a Flowline, crude oil transfer line or Gathering Line as defined herein. Pit: means any natural or man-made depression in the ground used for oil or gas exploration or production purposes. Pit does not include steel, fiberglass, concrete or other similar vessels which do not Release their contents to surrounding soils. Plugging and Abandonment (P&A): means the cementing of a Well, the removal of its associated production facilities, the abandonment of its Flowline(s), and the Remediation and Reclamation of the wellsite. PAGE 13 2019-3247 ORD2019-10 4°311404 Pages : 13 of 58 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppea, Clerk and Recorder, Weld County, CO VIII MIME MI 4tiVithiMY 1I II Point of Compliance: means one or more points or locations at which compliance with applicable Groundwater standards established under Water Quality Control Commission Basic Standards for Groundwater, Section 3.11.4, must be achieved. Pollution: means man-made or man -induced contamination or other degradation of the physical, Chemical, biological, or radiological integrity of air, water, soil, or biological resource. Production Facility: means any storage, separation, treating, dehydration, artificial lift, power supply, compression, pumping, metering, monitoring, and other equipment directly associated with a Well. Proppant: means sand or any natural or man-made material that is used in a hydraulic fracturing treatment to prop open the artificially created or enhanced fractures once the treatment is completed. Public Water System: means those systems shown and/or listed in Appendix VI of the COGCC Rules. These systems provide to the public water for human consumption through pipes or other constructed conveyances, if such systems have at least fifteen (15) service connections or regularly serve an average of at least twenty-five (25) individuals daily at least sixty (60) days out of the year. Such definition includes: 1. Any collection, treatment, storage, and distribution facilities under control of the Operator of such system and used primarily in connection with such system. 2. Any collection or pretreatment storage facilities not under such control, which are used primarily in connection with such system. The definition of "Public Water System" does not include any "special irrigation district," as defined in Colorado Primary Drinking Water Regulations (5 C.C.R. 1003.1). Reclamation: means the process of returning or restoring the surface of disturbed land as nearly as practicable to its condition prior to the commencement of Oil and Gas Operations or to landowner specifications. Reclamation may be interim or final as set forth in 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 undisturbed by Oil and Gas Operations and proximate and similar to a proposed Oil and Gas Location in terms of vegetative potential and management, owned by a person who agrees to allow periodic access to it by the 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 and other applicable ground water standards and classifications. 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. PAGE 14 2019-3247 ORD2019-10 4511404 Pages: 14 of 58 08/02/2019 01:10 PM R Fee:$0,00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII RPM !UM 1A16114110t4r10 ilk 11111 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. Responsible Party: means an owner or operator who conducts an oil and gas operation in a manner which is in contravention of any then -applicable provision of the Act, or of any rule, regulation, or order of the Commission, or of any permit, that threatens to cause, or actually causes, a significant adverse environmental impact to any air, water, soil, or biological resource. RESPONSIBLE PARTY includes any person who disposes of any other waste by mixing it with exploration and production waste so as to threaten to cause, or actually cause, a significant adverse environmental impact to any air, water, soil, or biological resource. Restricted Surface Occupancy Area: means the wildlife habitat areas in Weld County shown in Appendix VII to the COGCC Rules. Any changes to Restricted Surface Occupancy Areas shall not affect 1041 WOGLA Permits approved prior to the effective date of any changes to said Appendix VII. Riser means the component of a Flowline transitioning from below grade to above grade. School: means any operating Public School as defined in Section 22-7-703(4), C.R.S., including any Charter School as defined in Section 22-30.5-103(2), C.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 any discrete facility or area, whether indoor or outdoor, associated with a School, that students use commonly as part of their curriculum or extracurricular activities. A School Facility is either adjacent to or owned by the School or School Governing Body, and the School or School Governing Body has the legal right to use the School Facility at its discretion. The definition includes Future School Facility. School Governing Body: means the School district board or board of directors for public Schools or the board of trustees, board of directors, or any other body or person charged with administering a private School or group of private Schools, or any -body or person responsible for administering or operating a Child Care Center. A School Governing Body may delegate its rights under these rules, in writing, to a superintendent or other staff member, or to a principal or senior administrator of a School that is in proximity to the proposed Oil and Gas Location. PAGE 15 4°311404 Pages: 13 of 38 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 4 � klMN '1 It �I tli��l Rt 4« ittWkalk III III 2019-3247 ORD2019-10 Sensitive Area: means an area vulnerable to potential significant adverse Groundwater impacts, due to factors such as the presence of shallow Groundwater or pathways for communication with deeper Groundwater; proximity to surface water, including lakes, rivers, perennial or intermittent streams, creeks, irrigation canals, and wetlands. Additionally, areas classified for domestic use by the Colorado Water Quality Control Commission, local (water supply) wellhead protection areas, areas within one -eighth (1/8) mile of a domestic water Well, areas within one -quarter (1/4) mile of a public water supply Well, ground water basins designated by the Colorado Ground Water Commission, and surface water supply areas are Sensitive Areas. When the Operator or OGED Director has data that indicate an impact or threat of impact to ground water or surface water, the OGED Director may require the Operator to make a Sensitive Area determination and that determination shall be subject to the OGED Director's approval. The Sensitive Area determination shall be made using appropriate geologic and hydrogeologic data to evaluate the potential for impact to ground water and surface water, such as soil borings, monitoring Wells, or percolation tests that demonstrate that seepage will not reach underlying ground water or Waters of the State and impact current or future uses of these waters. Operators shall submit data evaluated and analysis used in the determination to the OGED Director. Operations in Sensitive Areas shall incorporate adequate measures and controls to prevent significant adverse environmental impacts and ensure compliance with the concentration levels in Appendix 21-A, with consideration to WQCC standards and classifications. Sensitive Wildlife Habitat: means the wildlife habitat areas in Weld County shown in Appendix VIII to the COGCC Rules. Any changes to Restricted Surface Occupancy Areas shall not affect 1041 WOGLA Permits approved prior to the effective date of any changes to said Appendix VIII to the COGCC Rules. Solid Waste: means any garbage, refuse, sludge from a waste treatment plant, water supply plant, air pollution control facility, or other discarded material; including solid, liquid, semisolid, or contained gaseous material resulting from industrial operations, commercial operations, or community activities. Solid Waste does not include any solid or dissolved materials in domestic sewage, or agricultural wastes, or solid or dissolved materials in irrigation return flows, or industrial discharges which are point sources subject to permits under the provisions of the Colorado Water Quality Control Act, Title 25, Article 8, C.R.S. or materials handled at facilities licensed pursuant to the provisions on radiation control in Title 25, Article 11, C.R.S. Solid Waste does not include: (a) materials handled at facilities licensed pursuant to the provisions on radiation control in Title 25, Article 11, C.R.S.; (b) excluded scrap metal that is being recycled; or (c) shredded circuit boards that are being recycled. Solid Waste Disposal: means the storage, treatment, utilization, processing, or final disposal of Solid Wastes. Special Purpose Pits: means Pits used in Oil and Gas Operations, including Pits related to produced water Flowlines or associated with E&P Waste from gas gathering, processing and storage facilities, which constitute: 1. Blowdown Pits used to collect material resulting from, including but not limited to, the emptying or depressurizing of Wells, vessels, or Flowlines, or E&P Waste from gathering systems. 2. Flare Pits used exclusively for flaring gas. PAGE 16 4511404 6 of 58 08/02/2019 01:10 PM 1PM RFee $0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 PJLTIYINI IIIVI I':I0O151IIgCii ilA 11111 2019-3247 ORD2019-10 3. Emergency Pits used to contain liquids during an initial phase of emergency response operations related to a Spill/Release or process upset conditions. 4. Basic Sediment/Tank Bottom Pits used to temporarily store or treat the extraneous materials in crude oil which may settle to the bottoms of Tanks or production vessels and which may contain residual oil. 5. Workover Pits used to contain liquids during the performance of remedial operations on a producing Well to increase production. 6. Plugging Pits used for containment of fluids encountered during the plugging process. Spill: means any unauthorized sudden discharge of E&P Waste to the environment. 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 owning all or part 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 binding on the Operator, including any lease, damage agreement, waiver, Local Government approval or permit, or other form of agreement, which governs the Operator's activities within the Oil and Gas Location. Surface Water Intake: means the works or structures at the head of a conduit through which water is diverted from a Classified Water Supply Segment and/or source (e.g., river or lake) into the treatment plant. Surface Water Supply Area: means the Classified Water Supply Segments within five (5) stream miles upstream of a Surface Water Intake on a Classified Water Supply Segment. Surface Water Supply Areas shall be identified on the Public Water System Surface Water Supply Area Map. Tank: means a stationary vessel constructed of non -earthen materials (e.g concrete, steel, plastic) that provides structural support and is designed and operated to store produced fluids or E&P Waste. Examples include, but are not limited to, condensate Tanks, crude oil Tanks, produced water Tanks, and gun Barrels. Exclusions include Containers and process vessels such as separators, heater treaters, free water knockouts, and slug catchers. PAGE 17 4311404 Pages: 17 of 38 Carly 2019 0Cler PM R Fee;$0.00 11111 nil ARA � I��'�1 II III 2019-3247 ORD2019-10 Urban Mitigation Area ("UMA'): means an area where: (A) At least twenty-two (22) Building Units or one (1) High Occupancy Building Unit (existing or under construction) are located within a one -thousand (1,000) foot radius of the proposed Oil and Gas Location; or (B) At least eleven (11) Building Units or one (1) High Occupancy Building Unit (existing or under construction) are located within any semi -circle of the one -thousand (1,000) foot radius mentioned in subsection (A) above. 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. Waters of the U.S.: means waters pursuant to Federal regulations enacted pursuant to the Federal Clean Water Act. Well, when used alone in these regulations, means an oil 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 Well, 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 injection Well and its associated Well pad. Wildcat (Exploratory) Well: means any Well drilled beyond the known producing limits of a pool. Wildlife Resources: means fish, wildlife, and their aquatic and terrestrial habitats. All Other Words used herein shall be given their usual customary and accepted meaning, and all words of a technical nature, or peculiar to the oil and gas industry, shall be given that meaning which is generally accepted in said oil and gas industry. Sec. 21-5-30. Applicability and General Rules. A. A Weld Oil and Gas Location Assessment pursuant to this Chapter ("1041 WOGLA") requires additional consideration to ensure the Oil and Gas Facility and Oil and Gas Location are developed in a manner that complies with various Development Standards set forth in Section 21-5-320 E. and 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 three -hundred twenty (1,320) feet of the Oil and Gas Location). The 1041 WOGLA Permit is designed to protect and promote Weld County's environment and wildlife and the health, safety, and welfare of the present and future residents of the County. B. A 1041 WOGLA Permit is required after August 5, 2019, for the construction of oil and gas facilities in all zone districts. All existing approved or pending WOGLA's as of August 5, 2019, are not subject to the new regulations set forth in 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 21-5-350 of this Article V or following appeal to the Board of County Commissioners pursuant to Section 2-4-10 of this Code. This applies to: PAGE 18 4511404 Pages: 18 of 58 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO rikltiliil Mk' I liCk IVIVOMPiiiiiii4 11111 2019-3247 ORD2019-10 1. Any new Oil and Gas Location, meaning surface disturbance at a previously undisturbed site; 2. Surface disturbance for purposes of modifying or expanding an existing Oil and Gas Location; and 3. The addition of a Well or a Pit, except an emergency Pit or a flare Pit where there is no risk of condensate accumulation, to any existing Oil and Gas Location. D. The Department of Planning Services shall not issue a building permit for any Oil and Gas Facility in any zone district until a 1041 WOGLA Permit has been granted. E. No 1041 WOGLA Permit 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. 2. Routine Well operations, including, but not limited to, swabbing, workovers, refracs, recompletions and normal repairs and maintenance of an existing Oil and Gas Facility. 3. Surface disturbance at an existing Oil and Gas Location within the original disturbed area which does not have the effect of modifying or expanding the Oil and Gas Facility or the Oil and Gas Location. 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. F. Any person or an Operator filing an application for a 1041 WOGLA Permit shall comply with the procedures and regulations set forth in this Article IV. G. Any person or an 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 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 OGED Director may require an Applicant to submit an Improvements Agreement for the construction of required improvements to mitigate impacts caused by the Oil and Gas Facility. The Improvements Agreement shall be made in conformance with the County policy for improvements and agreements and must be approved by the Board of County Commissioners prior to operation. PAGE 19 2019-3247 ORD2019-10 4511404 Pages: 19 of 58 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppea, Clerk and Recorder, 1Weld County, CO �� l�MM � UAk IiiEII�'O.KVL h' AIM IL MN i 1I II J. The review, consideration and issuance of a 1041 WOGLA 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 extraction 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. K. Information regarding the status of or facts and circumstances regarding an approved 1041 WOGLA Permit, including any desired changes or modifications, may be transmitted by a 1041 WOGLA Permittee to the OGED Director via electronic means. Sec. 21-5-40. Relationship of 1041 WOGLA Regulations to other county, state, and federal requirements affecting oil and gas exploration and extraction. A. Nothing in these 1041 WOGLA Regulations shall be construed 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 WOGLA 1041 Regulations are written, in part, according to the authority granted exclusively to Local Governments in Subsections 29-20- 104(1)(g) and (1)(h), C.R.S., and are intended to address the following areas and topics regarding oil and gas exploration and extraction 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; 5. Financial securities, indemnification, and insurance as appropriate to ensure compliance with these 1041 WOGLA Regulations; 6. All other nuisance -type effects of oil and gas development addressed in these 1041 WOGLA Regulations; and 7. Otherwise planning for and regulating the use of land so as to provide planned and orderly use of land and protection of the environment in a manner consistent with constitutional rights. Because these 1041 WOGLA Regulations are written pursuant to the authorities granted to Weld County in the AASIA and specifically the express authorities set forth in Sections 24-65.1-202 and 24-65.1-402, C.R.S., to adopt guidelines and regulations governing oil and gas exploration and extraction in Weld County, to the extent these 1041 WOGLA Regulations are inconsistent with the regulations of the COGCC regarding any of the areas and topics regarding oil and gas exploration and extraction in Weld County listed above, these 1041 WOGLA Regulations control. PAGE 20 4511404 Pages: 20 of 58 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppes, Clerk and k+'4re,K ti,1I II 2019-3247 ORD2019-10 C. Pursuant to Section 34-60-131, C.R.S., it is the intent of the Board of County Commissioners to regulate oil and gas exploration and extraction in Weld County cooperatively with the COGCC, deferring regulation of the areas and topics regarding oil and gas exploration and extraction not addressed in these 1041 WOGLA Regulations to the COGCC. Division 2 — Designation of area of state interest Sec. 21-5-200. Designation of the entire unincorporated area of Weld County as a mineral resource (oil and gas) area of state interest. The Board of County Commissioners, having considered the intensity of current and foreseeable development pressures; the Guidelines and Criteria for Identification and Land -Use Controls of Geologic Hazard and Mineral Resource Areas, Special Publication 06, Colorado Geological Survey / Dept. of Natural Resources / Denver, Colorado / 1974; the guidelines set forth in Section 24-65.1-202, C.R.S.; and the provisions and requirements of these 1041 WOGLA Regulations, hereby orders that the designation of the entire unincorporated area of Weld County as a mineral resource (oil and gas) area of state interest [the Weld Mineral Resource (Oil and Gas) Area] made by the Board on June 10, 2019, is hereby ratified and confirmed and that this activity shall be regulated pursuant to the provisions of this Chapter. Sec. 21-5-210. Boundaries of area covered by designation. The entire unincorporated area of Weld County has been designated as a mineral resource (oil and gas) area and the exploration and extraction of oil and gas within the area shall be subject to this designation and these 1041 WOGLA Regulations. Sec. 21-5-220. Reasons for designation. Because oil and gas resources are found throughout the unincorporated area of Weld County and are being developed rapidly, the Board of County Commissioners has designated the unincorporated area of Weld County as a mineral resource (oil and gas) area: A. To regulate oil and gas development in a manner that respects local values protects the health, safety and welfare of Weld County's community and environment; B. To ensure coordination and compatibility of the often competing uses of oil and gas exploration and extraction and agriculture; C. To adequately plan for and properly mitigate the encroachment of residential development upon Oil and Gas Operations; and D. To have local oversight in Land Use planning decisions regarding oil and gas exploration and extraction in Weld County. Sec. 21-5-230. No moratorium. It is the intent of the Board of County Commissioners that no moratorium as referred to in Section 24-65.1-404 (4), C.R.S., shall be in place during the reading process of this Code amendment. Instead, during the reading process the current WOGLA rules set forth in Division 10, Article 2 of Chapter 23 of this Code shall be in effect until the effective date of this Code amendment. PAGE 21 2019-3247 ORD2019-10 4511404 Pages: 21 of 38 08/02/2019 01:10 PM R Fee:$0.00 Carly �lL�� Clerk�� 4R VI% ii itirk Ni M? WU II III Division 3 — 1041 WOGLA Permit Program for Oil and Gas Exploration and Extraction in the Weld Mineral Resource (Oil and Gas) Area Sec. 21-5-300. Prohibition on exploration or extraction of oil and gas within the Weld Mineral Resource (Oil and Gas) Area without 1041 WOGLA Permit. A. No person may explore or extract 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 having obtained a 1041 WOGLA Permit pursuant to these 1041 WOGLA Regulations. Sec. 21-5-310. Procedural requirements. The procedures concerning permit applications, notice, and conduct of 1041 WOGLA Permit hearings, review of Board of County Commissioners decisions and issuance and content of permits for exploration or extraction 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. 21-5-320. Application requirements for 1041 WOGLA Permit. A 1041 WOGLA Permit application shall be submitted to OGED for processing and determination of whether the application is complete and in compliance with the requirements of this Section. Upon the Applicant's or OGED Director's request, made either before or after the submittal of the application, there may be an application meeting between the Applicant and OGED, which may be accomplished through a face-to-face meeting, electronic mail exchange, or conference call, as determined by OGED. The purpose of the application meeting is to give the Applicant an opportunity to demonstrate, through written and graphic information, how the Oil and Gas Facility complies with the standards set forth in this Section. The following supporting documents shall be submitted as a part of the application: A. An application for a 1041 WOGLA Permit on a form supplied by OGED. The application shall include the following: 1. The name, address, and telephone number of the Applicant. 2. Legal description of the Oil and Gas Location under consideration. 3. Total acreage of the Oil and Gas Location. 4. Existing Land Use of the property where the Oil and Gas Facility will be located. 5. Present zone and overlay zones, if appropriate. 6. A finalized list of the Oil and Gas Facility components. 7. Signature of the Applicant. PAGE 22 4511404 08/02/2019 Pages: Carly Koppes, Clerk and Recorder, Weld County, CO 019 01 :10 PM R Fee $0.00 1111Eir1r'itli w�� t �I�'�M�'l Pl OlVhik 2019-3247 ORD2019-10 B. Certification that a 1041 WOGLA Permit pre -application notice has been delivered to the owner(s) of Building Units located within one -thousand (1,000) feet or less of the Oil and Gas Location; to the Local Governments whose boundaries are within one -thousand (1,000) feet or less of the Oil and Gas Location; and to the School Governing Body of any School Facility or Future School Facility, or Child Care Center within one -thousand three -hundred twenty (1,320) feet or less from the Oil and Gas Location. Such notice shall comply with the following: The 1041 WOGLA Permit pre -application notice shall be delivered by the Applicant to the following parties: the Surface Owner; Building Unit owners located within one -thousand (1,000) feet of the Oil and Gas Location (as determined by Weld County Assessors record at the time of notice); the Weld County LGD and the LGD's for Local Governments located within one -thousand (1,000) feet or less of the Oil and Gas Location; and the principal or senior administrator, and School Governing Body of any School Facility or Future School Facility, or Child Care Center located within one -thousand three -hundred twenty (1,320) feet or less from the Oil and Gas Location. Delivery of the 1041 WOGLA Permit pre -application notice shall occur not more than six (6) months nor less than thirty (30) days prior to submitting a 1041 WOGLA Permit application. The 1041 WOGLA Permit notice shall include the following information: 1. The location and a general description of the proposed oil and gas facilities. 2. The anticipated date operations will commence (by calendar quarter and year). 3. A "notification zone" drawing showing the names and addresses of the Building Unit owners, School Governing Body of any School Facility or Future School Facility, Child Care Centers and Local Governments whose properties or jurisdictional boundaries are located within one -thousand three -hundred twenty (1,320) feet of the Oil and Gas Location. 4. A proposed access map, including off -site haul route(s). The haul route map shall show the proposed route back to the nearest County designated collector or arterial roadway, or nearest highway. 5. A drawing showing the Oil and Gas Facility and disturbed areas. The drawing shall be a scaled drawing, or scaled aerial photograph showing the approximate outline of the Oil and Gas Location and all Wells and/or production facilities used for measuring distances shall be attached. The drawing shall include all visible improvements within one - thousand three -hundred twenty (1,320) feet of the proposed Oil and Gas Location, with a horizontal distance and approximate bearing from the Oil and Gas Facilities. Visible improvements shall include, but not be limited to, all buildings and properties, publicly maintained roads and trails, fences, above -ground utility lines, railroads, Pipelines or Pipeline markers, mines, Oil Wells, Gas Wells, injection Wells, water wells known to the Operator and those registered with the Colorado State Engineer, known springs, plugged Wells, known sewers with manholes, standing bodies of water, and natural channels, including permanent canals and ditches through which water may flow. If there are no visible improvements within one -thousand three -hundred twenty (1,320) feet of a proposed Oil and Gas Location, it shall be so noted on the map. The Location Drawing shall also include the proposed access(es) and proposed mitigation measures. PAGE 23 2019-3247 ORD2019-10 4811404 Pages: 23 of 88 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII WPAT1414414RI0 ik II III 6. A list of the Oil and Gas Facility components. 7. A statement that the notice recipient may request a meeting to discuss the proposed Oil and Gas Facility by contacting the County or the Operator. 8. Operator and County contact information: a. After notice is received, additional information or proof of notice may be requested by the County. Based on site specific considerations, the County may request that additional parties be included in the notification. b. A Building Unit owner or occupant and LGD for Local Government within one -thousand (1,000) feet, or School Governing Body of any School Facility or Future School Facility, or Child Care Center within one -thousand three -hundred twenty (1,320) feet of a proposed Oil and Gas Location who would be eligible to receive a 1041 WOGLA Permit notice may, through letter delivered to the OGED Director, waive future receipt of such notice(s). 9. 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. To identify foreseeable oil and gas activities in a defined geographic area, facilitate discussions about potential cumulative impacts and identify measures to Minimize Adverse Impacts to public health, safety, welfare, and the environment, including Wildlife Resources, from such activities, Operators are encouraged to initiate and enter into Comprehensive Drilling Plans, where feasible and with the agreement of the involved Surface Owner(s). 10. A topographic map showing all surface waters and riparian areas within one -thousand (1,000) feet of the proposed Oil and Gas Location, with a horizontal distance and approximate bearing from the Oil and Gas Location shall be attached. C. Certification in the application that a SUA or other document, including, but not limited to, a Memorandum of SUA or an affidavit by the Applicant, has been executed by the Operator and the Surface Owner(s) of the property where the Oil and Gas Location will be located, demonstrating that the Operator and Surface Owner have agreed to an Oil and Gas Location. If no SUA or other document is available at the time of applying for the 1041 WOGLA Permit, the Applicant shall proceed with the 1041 WOGLA Permit process and shall provide a statement in the 1041 WOGLA Permit application that it is currently in SUA, or other agreement negotiations, and that it will provide any necessary financial security which may be required by these 1041 WOGLA Regulations. D. A statement which explains that the application complies 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. E. A statement which provides evidence of compliance with the following standards and the Development Standards set forth in Division 4 of this Article V: 1. Oil and gas facilities shall be located to minimize impact on agricultural operations. PAGE 24 2019-3247 ORD2019-10 4511404 Pages: 24 of 58 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO QiirieN kvaDinYko, lI II 2. Dust control measures shall be employed as necessary during high traffic periods for both on -site and off -site haul roads, including unpaved county roads when necessary and in consultation with the County's Department of Public Works. 3. Traffic reduction measures shall be employed by Operators when feasible, such as, utilizing fresh water supply Pipelines for Completions and the use of centralized storage facilities and/or transmission of crude oil via Pipeline. 4. Haul routes shall be designated and developed in consultation with the County. Municipalities, with roadways which are part of the haul routes, should be included in such consultation. 5. Liquid and Solid Wastes shall be stored and removed for final disposal in a manner that protects against surface and Groundwater contamination. See applicable Sections of Division 4 of this Article V. 6. The Oil and Gas Facility shall comply with the Stormwater and water quality regulations set forth in Chapter 8 of this Code. 7. Noise from drilling, Completion activities, and production shall comply with the noise limits set forth in Section 21-5-435 of this Article V. 8. Light sources shall be shielded or directed downward, and in a manner to reduce impacts onto adjacent properties and dwellings. See Section 21-5-405 of this Article V. 9. Visual mitigation measures shall be considered and employed when feasible. See Section 21-5-410 of this Article V. 10. Site security measures shall be employed as necessary. 11. The Oil and Gas Facility shall be maintained in such a manner to prevent noxious weeds. See Section 21-5-400 of this Article V. 12. Weight limits. No travel vehicles associated with the 1041 WOGLA Permit may exceed the weight restrictions set forth in Chapter 12, Article III of this Cade for required specifications for pounds=per-axle and axle configurations unless overweight permits have been applied for and granted by the Department of Public Works. 13. If applicable, Right -of -Way (ROW) Permits issued by the Department of Public Works pursuant to Chapter 8 of this Code, are required for any work occurring within County ROW. No work within County ROW shall occur without such ROW Permits being issued. F. An access permit issued by the County's Department of Public Works pursuant to the requirements of Chapter 8 of this Code is required prior to commencement of drilling activities. If the access point is under the jurisdiction of the Colorado Department of Transportation or a Local Government other than Weld County, proof of access granted by such Local Government ("Authority having Jurisdiction" or "AHJ") is required. G. A statement and drawing describing the size and approximate location of all on -location Flowlines and oil and gas lines, and water Pipelines integral to production, and connecting to the Oil and Gas Facility. A GIS map of off -location Flowlines must be provided after construction. PAGE 25 2019-3247 ORD2019-10 4511404 Pages: 25 of 58 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppe., Clerk and Recorder, Weld County, CO VIII Iirdi'rAtt �Jk1l�GW� kti14K�� t�NGI�Y4�k �I II H. A statement describing the kind of vehicles (type, size, weight) that will access the Oil and Gas Facility during drilling and Completion operations, and a defined access route. This shall include a traffic narrative with the following information: 1. The number of roundtrips/day expected for each vehicle type: passenger cars/pickups, tandem trucks, semi-truck/trailer/RV (Roundtrip=1 trip in and 1 trip out of site). 2. The expected travel routes or haul routes for the site traffic. 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. If the drilling waste (cuttings and fluids) will be disposed of on the Oil and Gas Location, including a statement describing the location and disposal method. I. A certified list containing the names, addresses and the corresponding Parcel Identification Numbers assigned by the County Assessor of Building Unit owners within one -thousand (1,000) feet of the Oil and Gas Location (including School Facilities and Child Care Centers within one -thousand three -hundred twenty (1,320) feet). The source of such list shall be the records of the County Assessor, or an ownership update from a title, abstract company, or attorney derived from such records, or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the Applicant shall certify that such list was assembled within thirty (30) days of the application submission date. J. Where an authorized legal agent signs the application for the Oil and Gas Facility on behalf of the Applicant, evidence of a power of attorney or other authorization for the signature of the legal agent must be provided. If a copy of the SUA is provided with the application, then the SUA fulfills the requirement of providing an authorization form. K. A Road Maintenance Agreement (RMA) or Comprehensive Road Maintenance Agreements are required for a 1041 WOGLA Permit. If applicable, an off -site Improvements Agreement executed by the Applicant in accordance with the County policy and documents for collateral for improvements shall also be required. L. The Applicant shall consult with the Weld County Office of Emergency Management to put together an Emergency Action Plan. M. A statement documenting how the Applicant has performed an analysis of reasonable siting alternatives for the Oil and Gas Facility to determine if the chosen Oil and Gas Location is the least impactful to protect Weld County's environment and wildlife and the health, safety and welfare of Weld County's citizens. N. The following information: 1. Measurements specifying the shortest distance between any Well or 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 boundary of a DOAA, and the nearest public road, above ground utility, railroad, and property line. PAGE 26 2019-3247 ORD2019-10 4511404 Pages: 26 of 38 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO 2. A minimum of four (4) color photographs, one (1) of the staked location from each cardinal direction shall be attached. Each photograph shall be identified by: date taken, Well or location name, and direction of view. 3. A list of major equipment components to be used in conjunction with drilling and operating the Well(s), including all Tanks, Pits, flares, combustion equipment, separators, and other ancillary equipment and a description of any Pipelines for oil, gas, or water. 4. The Natural Resources Conservation Service ("NRCS") soil map unit description for the Oil and Gas Location. 5. For Reclamation purposes, the designation of the current Land Use(s) and Surface Owner's designated final Land Use(s) and basis for setting Reclamation standards. If the final Land Use includes residential, industrial, commercial, or cropland and does not include any other Uses, the Land Use should be indicated and no further information is needed. If the final Land Use includes rangeland, forestry, recreation, or wildlife habitat, then a Reference Area shall be selected and the following information shall be attached: a. A topographic map showing the location of the site, and the location of the Reference Area; and b. Four (4) color photographs of the Reference Area, taken during the growing season of vegetation and facing each cardinal direction. Each photograph shall be identified by date taken, Well or Oil and Gas Location name, and direction of view. Such photographs may be submitted to OGED any time up to twelve (12) months after the granting of the 1041 WOGLA. 6. Where the proposed Oil and Gas Location is for multiple Wells on a single pad, a drawing showing proposed wellbore trajectory with bottom -hole locations shall be attached. 7. A description of any Applicant -proposed BMPs. With the consent of the Surface Owner, this may include mitigation measures contained in a relevant SUA. 8. Designation of whether the proposed Oil and Gas Location is within Sensitive Wildlife Habitat or a Restricted Surface Occupancy Area. 9. An indication if an Army Corps of Engineers permit pursuant to 33 U.S.C.A. Sections 1342 and 1344 of the Water Pollution and Control Act (Section 404 of the federal "Clean Water Act") is required for the construction of an Oil and Gas Location. 10. A map or scaled aerial image depicting the Oil and Gas Location boundary and proposed and existing Wells and production facilities in proximity to any surrounding School Facility or Child Care Center, including distances, and a statement indicating whether the School Governing Body requested consultation and whether, after consultation, the School Governing Body and Operator reached agreement regarding identification of a School Facility or Child Care Center. 11. Construction Layout Drawing. If the Oil and Gas Location disturbance is to occur on lands with a slope ten percent (10%) or greater, or one (1) foot of elevation gain or more in ten (10) foot distance, then the following information shall be attached: a. Construction layout drawing (construction and operation); and PAGE 27 2019-3247 ORD2019-10 4511404 Pages: 27 of 58 08/02/2019 01:10 PM R F..:$0.00 Carly Koppes, Clerk and Reoorder, Weld County, CO 1111 rdKrI Mai11410 % RAN ilk 11111 b. Location cross-section plot (construction and operation). 12. If the proposed Oil and Gas Location is within one -thousand (1,000) feet of a Building Unit, or within one -thousand three -hundred twenty (1,320) feet of a School Facility, Future School Facility or Day Care Center, the following information shall be attached: a. A Waste Management Plan; and b. Evidence that the Building Unit owners, LGD for Local Government, or School Governing Body of any School Facility or Future School Facility, or Child Care Center received the 1041 WOGLA Permit notice required by Section 21-5-320 B., above. 13. A statement describing who will provide fire protection to the site. 14. A scaled facility layout drawing depicting the location of all existing and proposed new Oil and Gas Facilities covered by the application. O. Such additional information as may be required by OGED, including, but not limited to, additional data as reasonably required by OGED resulting from consultation with the Weld County Department of Public Health and Environment or Colorado Parks and Wildlife. Sec. 21-5-330. OGED review of 1041 WOGLA Permit application. OGED 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 by the OGED Director, he or she shall send notice of a hearing for the 1041 WOGLA Permit application before the 1041 WOGLA Hearing Officer to the Surface Owner; to Building Unit owner(s) located within one -thousand three -hundred twenty (1,320) feet or less of the Oil and Gas Location; to the principal or senior administrator, and School Governing Body of any School or Child Care Center within one -thousand three -hundred twenty (1,320) feet or less from the Oil and Gas Location; and to the referral agencies listed below. Such notification shall be mailed first-class by OGED at least thirty-seven (37) days prior to the date of hearing. The OGED Director shall also 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, below. OGED shall be responsible for the following: 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 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 the Planning Department. The reviews and comments solicited by the County are intended to provide the County with information about the proposed 1041 WOGLA Permit. 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 three -hundred twenty (1,320) feet of the Oil and Gas Location. PAGE 28 4511404 Pages: 28 of 38 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppea, Clerk and Recorder, Weld County, CO III II 2019-3247 ORD2019-10 2. The Weld County Department of Public Health and Environment. 3. The Weld County Department of Public Works. 4. The Colorado Parks and Wildlife. 5. The COGCC. 6. The appropriate fire district(s). 7. Any irrigation ditch company with irrigation structures of record that are on, or adjacent to, the Oil and Gas Facility. 8. To any other agencies or individuals to whom OGED deems a referral necessary. B. 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, sound Land Use planning practices, comments received from agencies to which the proposal was referred, and the standards contained in Section 21-5-320 E. and Division 4 of this Article V. Such comments shall be provided to the 1041 WOGLA Hearing Officer for consideration as evidence in the hearing. C. Charge a reasonable fee that covers costs incurred by Weld County for OGED review of the application, holding the appropriate hearing, and performing any necessary administrative tasks associated with the issuance of the 1041 WOGLA Permit. Sec. 21-5-340. 1041 WOGLA Hearing. A. Participation in the 1041 WOGLA Hearing. The 1041 WOGLA Permit Applicant and any person or entity who has been granted intervention by the 1041 WOGLA 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 1041 WOGLA Hearing Officer no later than twenty (20) days prior to the 1041 WOGLA Hearing. Application must be on the form included in the 1041 WOGLA Notice of Hearing or on the form provided on the OGED website. Persons who have standing to file an application for intervention are limited to those who have received the 1041 WOGLA Notice of Hearing by First Class Mail or who have demonstrated that 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 of the 1041 WOGLA Hearing; b. Legal address of the person applying for intervenor; c. The date of the application for intervention; d. A general statement of the factual or legal basis for the protest or intervention based on the application for intervention; e. A description of the intended presentation including a list of proposed witnesses; and f. A time estimate to hear the protest or intervention. PAGE 29 2019-3247 ORD2019-10 4511404 Pages: 29 of 58 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppas, Clark and Recorder, Weld County, CO 11111 2. All applications for intervention shall be granted or denied by the 1041 WOGLA Hearing Officer within ten (10) days of their receipt. Such decision shall be communicated to the Applicant for intervention electronically in a manner determined by the 1041 WOGLA Hearing Officer. 3. Any statement provided by a person not granted intervention will be considered a written comment to be included in the 1041 WOGLA Hearing record but not considered by the 1041 WOGLA Hearing Officer as evidence. B. Conduct of 1041 WOGLA Hearing. 1. 1041 WOGLA Hearings shall be conducted informally with minimal technical presentation. The 1041 WOGLA 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 1041 WOGLA Hearing Officer. 3. Postponements of hearings shall not be granted without the showing of necessity by the 1041 WOGLA Hearing party requesting the postponement. A hearing shall not be postponed more than once, unless an unforeseen circumstance prohibits the hearing from occurring. 4. 1041 WOGLA Hearings will be docketed to occur on a weekly basis on days to be determined by the 1041 Hearing Officer. Complete applications whose notice requirements have been met shall be scheduled for hearing on the next available weekly docket. C. Decision of the 1041 WOGLA Hearing Officer. Upon the conclusion of the 1041 WOGLA Hearing, the 1041 WOGLA Hearing Officer shall: 1. Grant the 1041 WOGLA Permit if he or she determines that sufficient evidence exists in the record that the standards set forth in Section 21-5-320 E. and Division 4 of this Article V will be met. 2. Inform the participants of his or her decision. The decision of the 1041 WOGLA Hearing Officer shall be clearly set forth on the bottom of the 1041 WOGLA Permit application. 3. Inform the participants that such decision may be appealed to the Board of County Commissioners pursuant to the appeal procedures set forth in Section 2-4-10 of this Code. D. A motion for reconsideration may be considered by the 1041 WOGLA Hearing Officer in cases where a 1041 WOGLA Permit application has been denied. Such motion must be filed no later than ten (10) days after the applicant 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. PAGE 30 2019-3247 ORD2019-10 4511404 Pages: 08/02/2019 01:10 PM R Fee $0.00 Carly Koppes, Clerk and Reoorder, Weld County, CO h'��'f L '�1rLJ YI BM E. Pursuant to Section 24-68-101(1)(a), C.R.S., with the intent to ensure reasonable certainty, stability, and fairness in the Land Use planning process and in order to stimulate economic growth, secure the reasonable investment -backed expectations of landowners, and foster cooperation between the public and private sectors in the area of Land Use planning, the Board of County Commissioners declares and orders that an approved 1041 WOGLA Permit is an approved site specific development plan as that term is defined in Section 23-8-20 of this Code and in Section 24-68-102(4)(a), C.R.S. Therefore, an approved 1041 WOGLA Permit is a vested property right, as defined in Section 23-8-20, upon the Completion of the notification requirements set forth 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 the exploration and extraction of oil and gas in Weld County under the terms and conditions set forth therein, pursuant to Section 24-68- 103(1)(c), C.R.S. Sec. 21-5-350. Compliance with 1041 WOGLA standards. An Applicant for a 1041 WOGLA shall demonstrate conformance with, and shall continue to meet, the 1041 WOGLA standards approved and adopted by the County. Noncompliance with the approved 1041 WOGLA standards may be reason for rescission of the 1041 WOGLA by the Board of County Commissioners. Sec. 21-5-360. Changes and termination of use. A. Major changes from the approved 1041 WOGLA Permit shall require the approval of a new 1041 WOGLA Permit by the 1041 WOGLA Hearing Officer. OGED is responsible for determining whether a major change exists, in which case a new 1041 WOGLA application and processing shall be required. Any other changes shall be filed by the OGED in the approved 1041 WOGLA Permit file and documented via an OGED sundry notice form. B. Construction pursuant to approval of a 1041 WOGLA shall be commenced, and continual progress made within three (3) years from the date of publication of announcing the approval of the 1041 WOGLA Permit, or the approval shall terminate. The OGED Director may grant an extension of time for an additional three (3) years, for good cause shown, upon a written request. Sec. 21-5-370. Rescission procedures. A. If at any time following the approval of a 1041 WOGLA the OGED determines that one (1) or more of the 1041 WOGLA standards set forth in Section 21-5-320 E. and Division 4 of this Article V have not been met, the OGED Director shall notify the Operator of the Oil and Gas Facility of the failure to meet the standard(s). The Operator will be given thirty (30) days in which to cure the failure to comply with the standard(s). If at the end of the thirty (30) days the failure to comply with the standards has not been cured, a hearing shall be scheduled before the Board of County Commissioners. B. The Board of County Commissioners shall hold a public hearing to determine if one (1) or more of the 1041 WOGLA standards set forth in Section 21-5-320 E. and Division 4 of this Article V have not been met. Upon such a finding, the Board may rescind the 1041 WOGLA and seek any appropriate legal remedies to cease the USE of the Oil and Gas Facility. PAGE 31 2019-3247 ORD2019-10 4311404 Pages: 31 of 38 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 t��III Sec. 21-5-380. Site investigation, Remediation, and closure. A. General site investigation and Remediation requirements. 1. Sensitive Area Determination. Operators shall complete a Sensitive Area determination in accordance with COGCC Rule 901.e. 2. Sampling and analyses. Sampling and analysis of soil and ground water shall be conducted in accordance with COGCC Rule 318A or 910 to determine the horizontal and vertical extent of any contamination in excess of the concentrations in Appendix 21-A. 3. Management of E&P Waste. E&P Waste shall be managed in accordance with Section 21-5-450 of this Article V. 4. Pit evacuation. Prior to backfilling and site Reclamation, E&P Waste shall be treated or disposed in accordance with Section 21-5-450 of this Article V. 5. Remediation. Remediation shall be performed in a manner to mitigate, remove, or reduce contamination that exceeds the concentrations in Appendix 21-A in order to ensure protection of public health, safety, and welfare, and to prevent and mitigate significant adverse environmental impacts. Soil that does not meet concentrations in Appendix 21-A shall be remediated. Ground water that does not meet concentrations in Appendix 21-A shall be remediated. 6. Reclamation. Remediation sites shall be reclaimed in accordance with Sections 21-5-545, 21-5-555, and 21-5-560 of this Article V. 7. Surface Owner's desires. Remediation by an Operator shall take into consideration the wishes of the Surface Owner. B. Workplan. Operators shall prepare and submit for prior OGED Director approval a workplan for the following operations and Remediation activities: 1. Unlined Pit closure when required by COGCC Rule 905. 2. Remediation of Spills/Releases in accordance with COGCC Rule 906. 3. Land Treatment of oily waste in accordance with Section 21-5-450 of this Article V. 4. Remediation of impacted ground water in accordance with COGCC Rule 910.b.(4). C. Multiple sites. Remediation of multiple sites may be submitted on a single workplan. D. Closure. 1. Remediation and Reclamation shall be complete upon compliance with the concentrations in Appendix 21-A, or upon compliance with an approved workplan. 2. Notification of completion. Within thirty (30) days after conclusion of site Remediation and Reclamation activities Operators shall provide notification of completion to the OGED Director. PAGE 32 2019-3247 ORD2019-10 4811404 Pages: 32 of 58 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO E. Release of Financial Assurance. Financial Assurance required by Section 21-5-445 may be held by the OGED Director until the required Remediation of soil and/or ground water impacts is completed in accordance with the approved workplan, or until cleanup goals are met. Sec. 21-5-390. Transferability of 1041 WOGLA Permits. Once issued, 1041 WOGLA Permits are transferable to a new Operator. The new Operator takes subject to all terms and conditions of the 1041 WOGLA Permit and shall be considered the Responsible Party. Within sixty (60) days of transfer, the new Operator shall notify the OGED Director and the Surface Owner in writing of the name, business address, and other contact information of the new Operator. Division 4 —1041 WOGLA Permit Development standards. Sec. 21-5-400. Weed control. All disturbed areas shall be kept as free of all undesirable plant species designated to be noxious weeds as practicable. Weed control measures shall be conducted in compliance with the Colorado Noxious Weed Act, Sections 35-5.5-101, et seq., C.R.S. If applicable, the 1041 WOGLA Hearing Officer may require a weed control plan. Sec. 21-5-405. Lighting. To the extent practicable, site lighting shall be directed downward and inward and shielded to avoid glare on public roads and Building Units within one thousand three -hundred twenty (1,320) feet. The lumens associated with the site lighting may be limited by the 1041 WOGLA Hearing Officer as a means of providing mitigation. After new lighting has been erected on an Oil and Gas Location, the Operator shall perform an inspection of the boundaries to ensure lights are not impacting nearby Building Units or public roads. Sec. 21-5-410. Visual impact mitigation. Production facilities, regardless of construction date, observable from any public highway shall be painted with uniform, non -contrasting, non -reflective color tones (similar to the Munsell Soil Color Coding System), and with colors matched to but slightly darker than the surrounding landscape. Sec. 21-5-415. Fugitive dust. Operators shall employ practices for control of fugitive dust caused by their operations. 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; and magnesium chloride, water, and silica dust controls when handling sand used in hydraulic fracturing operations. Additional management practices such as road surfacing, wind breaks and barriers, or automation of Wells to reduce truck traffic may also be required if technologically feasible and economically reasonable to minimize fugitive dust emissions. Sec. 21-5-420. Odor. Oil and Gas Operations shall comply with the Colorado Department of Public Health and Environment, Air Quality Control Commission, Regulation No. 2 Odor Emission, 5 C.C.R. 1001- 4, Regulation No. 3 (5 C.C.R. 1001-5), and Section XVII.B.1 (a -c) and Section XII of Regulation No. 7. PAGE 33 2019-3247 ORD2019-10 4511404 Pages: 33 of 38 08/02/2019 01:10 PM Re F..:$0.O d County CO Carly KoppSs 11111NCIPII N iiiiih tlikhil l'Ahti4 rlL' Y��4 Vellki IA 11111 Sec. 21-5-425. Production equipment and operations. In addition to any applicable requirements set forth in this Article V, Operators must comply with the requirements for production equipment and operations set forth in COGCC Rule 805 b. (2). Sec. 21-5-430. Well Completions. In addition to any applicable requirements set forth in this Article V, Operators must comply with the requirements for Well Completions set forth in COGCC Rule 805 b. (3). Sec. 21-5-435. Noise. A. Oil and Gas Operations at any Well Site, Production Facility, or Gas Facility shall comply with the following A Scale maximum permissible noise levels. ZONE 7:00 a.m. to next 7:00 p.m. 7:00 p.m. to next 7:00 a.m. Residential/ Agricultural/Rural Commercial Light Industrial Industrial 55 db(A) 50 db(A) 60 db(A) 70 db(A) 80 db(A) 55 db(A) 65 db(A) 75 db(A) The type of Land Use of the surrounding area shall be determined by the OGED Director. In the hours between 7:00 a.m. and the next 7:00 p.m. the noise levels permitted above may be increased ten (10) dB(A) for a period not to exceed fifteen (15) minutes in any one (1) hour period. The allowable noise level for periodic, impulsive or shrill noises is reduced by five (5) dB (A) from the levels shown. B. Except for an Oil and Gas Location within a Designated Setback Location, operations involving Pipeline or Gas Facility installation or maintenance, the use of a drilling rig, Completion rig, workover rig, or stimulation is subject to the maximum permissible noise levels for Light Industrial Zones. C. In remote locations, where there is no reasonably proximate occupied structure or DOAA, the light industrial standard may be applicable. D. Pursuant to inspection or upon receiving a complaint from a nearby property owner regarding noise related to Oil and Gas Operations, OGED shall conduct an onsite investigation and take sound measurements as prescribed herein. E. The following provide guidance for the measurement of A Scale sound levels and assignment of points of compliance for Oil and Gas Operations: PAGE 34 2019-3247 ORD2019-10 4511404 Pages : 34 of 58 08/02/2019 01:1`0I�P1M1�1hR Fee:$0.0i0 ,}1irl. Carly ;oPpose, Clerk and jl��%AIrlltfl'l1lo�eillll��Tllftli�7t►,IIII IIIII� 1. Sound levels shall be measured three hundred and fifty (350) feet from the noise source. At the request of the complainant, the sound level shall also be measured at a point beyond three hundred fifty (350) feet that the complainant believes is more representative of the noise impact. If an oil and Gas Well Site, Production Facility, or Gas Facility is installed closer than three hundred fifty (350) feet from an existing occupied structure, sound levels shall be measured at a point twenty-five (25) feet from the structure towards the noise source. Noise levels from oil and gas facilities located on surface property owned, leased, or otherwise controlled by the Operator shall be measured at three hundred and fifty (350) feet or at the property line, whichever is greater. In situations where measurement of noise levels at three hundred and fifty (350) feet is impractical or unrepresentative due to topography, the measurement may be taken at a lesser distance and extrapolated to a three -hundred fifty (350) foot equivalent using the following formula: db(A) DISTANCE 2 = db(A) DISTANCE 1 - 20 x log 10 (distance 2/distance 1). 2. Sound level meters shall be equipped with wind screens, and readings shall be taken when the wind velocity at the time and place of measurement is not more than five (5) miles per hour. 3. Sound level measurements shall be taken four (4) feet above ground level. 4. Sound levels shall be determined by averaging minute -by -minute measurements made over a minimum fifteen (15) minute sample duration if practicable. The sample 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). 5. In all sound level measurements, the existing ambient noise level from all other sources in the encompassing environment at the time and place of such sound level measurement shall be considered to determine the contribution to the sound level by the Oil and Gas Operations. F. In situations where the complaint or onsite inspection indicates that low frequency noise is a component of the problem, the OGED Director shall obtain a sound level measurement twenty-five (25) feet from the exterior wall of the residence or occupied structure nearest to the noise source, using a noise meter calibrated to the db(C) scale. If this reading exceeds 65 db(C), 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 consideration and possible action. G. Exhaust from all engines, motors, coolers and other mechanized equipment shall be vented in a direction away from all Building Units. H. All Oil and Gas Facilities with engines or motors which are not electrically operated that are within four hundred (400) feet of Building Units shall be equipped with quiet design mufflers or equivalent. All mufflers shall be properly installed and maintained in proper working order. PAGE 35 2019-3247 ORD2019-10 4511404 Pages: 35 of 58 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO M INIUM &A% rid 4iikirlii II II Sec. 21-5-440. Pollution. The Operator shall take precautions to prevent significant 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, taking into consideration cost- effectiveness and technical feasibility to prevent the unauthorized discharge or disposal of oil, gas, E&P Waste, Chemical substances, trash, discarded equipment or other oil Field waste. Sec. 21-5-445. Financial Assurance requirements. Prior to drilling or commencing any operations with heavy equipment, an Operator shall provide Financial Assurance to the County in the form of a surety bond or other collateral acceptable to the OGED Director in the amount set forth below to protect Surface Owners who are not parties to a lease, SUA or other relevant agreement with the Operator from unreasonable crop loss or land damage caused by Oil and Gas Operations. Financial Assurance for Surface Owner protection shall not be required for operations conducted on state lands when a bond has been filed with the State Board of Land Commissioners. The Financial Assurance required by this Section shall be in the amount of two thousand dollars ($2,000) per Well for non -irrigated land, or five thousand dollars ($5,000) per Well for irrigated land. In lieu of such individual amounts, Operators may submit blanket Financial Assurance in the amount of twenty-five thousand dollars ($25,000). Any request for relief pursuant to such Financial Assurance must be granted by the Board of County Commissioners upon application by the Surface Owner. Corrective or remedial action performed by the Operator may be considered by the OGED Director before and as part of any order to execute on the Financial Assurance provided pursuant to this Section. The Financial Assurance provided pursuant to this Section is not intended to limit any monetary award for unreasonable crop loss or land damage that cannot be remediated or corrected. Financial Assurance submitted to the OGED Director shall be held for safekeeping by the Clerk to the Board of County Commissioners. Sec. 21-5-450. Management of E&P Waste. A. General requirements. 1. Operator obligations. Operators shall ensure that E&P Waste is properly stored, handled, transported, treated, recycled, or disposed to prevent threatened or actual significant adverse environmental impacts to air, water, soil or biological resources or to the extent necessary to ensure compliance with the concentration levels listed in Appendix 21-A, with consideration to ground water standards and classifications. 2. E&P Waste management activities shall be conducted, and facilities constructed and operated, to protect the Waters of the U.S. from significant adverse environmental impacts from E&P Waste, except as permitted by applicable laws and regulations. 3. Reuse and recycling. To encourage and promote waste minimization, Operators may propose plans for managing E&P Waste through beneficial use, reuse, and recycling by submitting a written management plan to the OGED Director for approval, if applicable. Such plans shall describe, at a minimum, the type(s) of waste, the proposed use of the waste, method of waste treatment, product quality assurance, and shall include a copy of any certification or authorization that may be required by other laws and regulations. The OGED Director may require additional information. PAGE 36 2019-3247 ORD2019-10 4311404 Pages; 36 of 58 08/02/2019 01:10 PM R Fee:$0.00Weld County CO ,1111 Carly KopPes, Clerk and Recorder, VIII Mill 11.1 X144 ,1M iNvii l ht k itlh'r�+ 1i4 B. Waste transportation. 1. E&P Waste, when transported off -site within Colorado for treatment or disposal, shall be transported to facilities authorized by the COGCC Director or permitted waste disposal facilities approved to receive E&P Waste. When transported to facilities outside of Colorado for treatment or disposal, E&P Waste shall be transported to facilities authorized and permitted by the appropriate regulatory agency in the receiving state. 2. Waste generator requirements. Generators of E&P Waste that is transported offsite shall maintain, for not less than five (5) years, copies of each invoice, bill, or ticket and such other records as necessary to document the following requirements: a. The date of the transport; b. The identity of the waste generator; c. The identity of the waste transporter; d. The location of the waste pickup site; e. The type and volume of waste; and f. The name and location of the treatment or disposal site. Such records shall be signed by the transporter, made available for inspection by the OGED Director during normal business hours, and copies thereof shall be furnished to the OGED Director upon request. C. Produced water. 1. Treatment of produced water. Produced water shall be treated prior to placement in a production Pit to prevent crude oil and condensate from entering the Pit. 2. Produced water disposal. Produced water may be disposed as follows: a. Injection into a permitted Class II Well; b. Evaporation/percolation in a properly permitted Pit; c. Disposal at permitted commercial facilities; d. Disposal by road -spreading on lease roads outside Sensitive Areas for produced waters with less than 3,500 mg/I TDS when authorized by the Surface Owner and in accordance with an approved waste management plan. Road -spreading of produced waters shall not impact Waters of the U.S., shall not result in pooling or runoff, and the adjacent soils shall meet the concentration levels in Appendix 21-A. Flowback fluids shall not be used for dust suppression; e. Discharging into Waters of the U.S., in accordance with the Water Quality Control Act and the rules promulgated thereunder and Chapter 8, Article X of this Code. Operators shall provide the Colorado discharge permit number, latitude and longitude coordinates of the discharge outfall, and sources of produced water, and shall include a U.S.G.S. topographic map showing the location of the discharge outfall. PAGE 37 2019-3247 ORD2019-10 4511404 Pages: 37 of 58 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO �� Kim NialimmidloolikiA Wi'.ih VW IA BM M Produced water discharged may be put to beneficial use in accordance with applicable state statutes and regulations governing the use and administration of water; or f. Evaporation in a properly lined Pit at a centralized permitted E&P Waste management facility. 3. Produced water reuse and recycling. Produced water may be reused for enhanced recovery, drilling, and other approved uses in a manner consistent with existing water rights and in consideration of water quality standards and classifications established by the WQCC for Waters of the U.S., Chapter 8, Article X of this Code, or any Point of Compliance established by the OGED Director. 4. Mitigation. Water produced during operation of an oil or Gas Well may be used to provide an alternative domestic water supply to Surface Owners within the oil or gas Field, in accordance with all applicable laws, including, but not limited to, obtaining the necessary approvals from the WQCD for constructing a new "waterworks," as defined by C.R.S Section25-1-107(1)(X)(II)(A). Any produced water not so used shall be disposed of in accordance with subsection (2) or (3). Providing produced water for domestic use within the meaning of this subsection (4) shall not constitute an admission by the Operator that the Well is dewatering 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 or traded. D. Drilling fluids. 1. Recycling and reuse. Drilling Pit contents may be recycled to another drilling Pit for reuse. 2. Treatment and disposal. Drilling fluids may be treated or disposed as follows: a. Injection into a permitted Class II Well; b. Disposal at a commercial Solid Waste Disposal facility; or c. Land Treatment or Land Application at a centralized permitted management facility. 3. Additional authorized disposal of water -based bentonitic drilling fluids. bentonitic drilling fluids may be disposed as follows: a. Drying and burial in Pits on Non -Crop Land. The resulting concentrations shall not exceed the concentration levels in Appendix 21-A; or b. Land Application as follows: i. Applicability. Acceptable methods of Land Application include, but are not limited to, Production Facility construction and maintenance, and lease road maintenance. E&P Waste Waterbased ii. Land Application requirements. The average thickness of waterbased bentonitic drilling fluid waste applied shall be no more than three (3) inches prior to incorporation. The waste shall be applied to prevent ponding or erosion and shall be incorporated as a beneficial amendment into the native soils within ten (10) days of application. The resulting concentrations shall not exceed those in Appendix 21-A. PAGE 38 4511404 Pages: 38 of 58 08/02/2019 01:10 PM R Fee:$0,00 Carly Koppel, Clerk and Reoorder, Weld County, CO IIIIl��I�'��+Ik4�l��11i41'lL�r�4�:'�I�I WWI II III 2019-3247 ORD2019-10 iii. Surface Owner approval. Operators shall obtain written authorization from the Surface Owner prior to Land Application of water -based bentonitic drilling fluids. iv. Operator obligations. Operators shall maintain a record of the source, the volume, and the location where the Land Application of the water -based bentonitic drilling fluid occurred. Upon the OGED Director's written request, this information shall be provided within five (5) business days, in a format readily reviewable by the OGED Director. Operators with control and authority over the Wells from which the water - based bentonitic drilling fluid wastes are obtained retain responsibility for the Land Application operation and shall diligently cooperate with the OGED Director in responding to complaints regarding Land Application of water -based bentonitic drilling fluids. v. Approval. Prior approval by the OGED Director is not required for reuse of waterbased bentonitic drilling fluids for Land Application as a soil amendment. E. Oily waste. Oily waste includes those materials containing crude oil, condensate or other E&P Waste, such as soil, frac sand, drilling fluids, and Pit sludge that contain hydrocarbons. Oily waste may be treated or disposed as follows: 1. Disposal at a permitted commercial Solid Waste Disposal facility; 2. Land Treatment onsite; or 3. Land Treatment at a permitted Centralized E&P Waste Management Facility. 4. Land Treatment requirements: a. Remediation In the case of a reportable Spill, Operators shall submit a Site Investigation and Workplan for prior approval by the OGED Director. Treatment shall thereafter be completed in accordance with the approved Workplan. b. Free oil shall be removed from the oily waste prior to Land Treatment. c. Oily waste shall be spread evenly to prevent pooling, ponding, or runoff. d. Contamination of Stormwater Runoff, ground water, or surface water shall be prevented. e. Biodegradation shall be enhanced by disking, tilling, aerating, or addition of nutrients, microbes, water or other amendments, as appropriate. f. Land -treated oily waste incorporated in place or beneficially reused shall not exceed the concentrations in Appendix 21-A. When Land Treatment occurs in an area not being utilized for Oil and Gas Operations, Operators shall obtain prior written Surface Owner approval. When Land Treatment occurs on an approved Oil and Gas Location prior to Completion of interim Reclamation or on the surface disturbance remaining after interim Reclamation, notice shall be provided to the Surface Owner. h. Land Treatment shall be conducted in a manner that does not preclude compliance with Reclamation requirements of this Article V. g. PAGE 39 4511404 Pages: 39 of 58 08/02/2019 01:10 PM R Fee:$0.00 Carly Kappa., Clerk and Recorder, Weld County, CO 2019-3247 ORD2019-10 F. Other E&P Waste. Other E&P Waste such as workover fluids, Tank bottoms, pigging wastes from Pipelines, and gas gathering, processing, and storage wastes may be treated or disposed of as follows: 1. Disposal at a permitted commercial Solid Waste Disposal facility; 2. Treatment at a permitted Centralized E&P Waste Management Facility; 3. Injection into a permitted Class II injection Well; or 4. An alternative method proposed in a waste management plan approved by the DPS Director. Sec. 21-5-455. Management of non-E&P Waste. A. Certain wastes generated by oil and gas -related activities are non-E&P Wastes and are not exempt from regulation as solid or hazardous wastes. These wastes need to be properly identified and disposed of in accordance with state and federal regulations. B. Certain wastes generated by oil and gas -related activities can either be E&P Wastes or non- E&P Wastes depending on the circumstances of their generation. The hazardous waste regulations require that a hazardous waste determination be made for any non-E&P Solid Waste. Hazardous wastes require storage, treatment, and disposal practices in accordance with 6 C.C.R. 1007-3. All non-hazardous/non-E&P Wastes are considered Solid Waste which require storage, treatment, and disposal in accordance with 6 C.C.R. 1007-2. Sec. 21-5-460. Pits - general and special rules. Pits used for exploration and production of oil and gas shall comply with COGCC Rules 320, 902, 903, 904, 905, and 911. Sec. 21-5-465. Spills and Releases. Operators shall comply with the rules regarding Spills and Releases set forth in COGCC Rule 906. Sec. 21-5-470. Concentrations and sampling for soil and ground water. Operators shall comply with the rules regarding concentrations and sampling for soil and ground water set forth in COGCC Rule 318A c. and/or Rule 910, if applicable. Sec. 21-5-475. Venting or flaring natural gas. Operators shall comply with the rules regarding venting or flaring natural gas set forth in COGCC Rule 912. Sec. 21-5-480. Dealings with Surface Owners. A. Notice. Unless the following is otherwise addressed in the SUA or Memorandum of SUA, the following notices to the Surface Owner shall occur: 1. Surface Owner Notice. Not less than thirty (30) days in advance of commencement of operations with heavy equipment for the drilling of a Well, Operators shall provide the to the Surface Owner a Notice stating: a. The Operator's name and contact information for the Operator or its agent; PAGE 40 4°511404 Pages: 40 of 58 08/02/2019 01:10 PM R Fee:$0,00 Carly Koppel, Clerk and Recorder, Weld County, CO VIII 'ilk BIM I 2019-3247 ORD2019-10 b. A site diagram or plat of the proposed Well location and any associated roads and production facilities; c. The date operations with heavy equipment are expected to commence; and d. The name and contact information for the Weld County LGD. The Surface Owner 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. Notice of subsequent Well operations. An Operator shall provide to the Surface Owner or agent at least seven (7) 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. Notice during irrigation season. If a Well is to be drilled on irrigated Crop Lands between March 1 and October 31, the Operator shall contact the Surface Owner or agent at least fourteen (14) days prior to commencement of operations with heavy equipment to coordinate drilling operations to avoid unreasonable interference with irrigation plans and activities. 4. Final Reclamation notice. 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. Such notice is required only where final Reclamation operations commence more than thirty (30) days after the Completion of a Well. 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 (or appointed agent) 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. 5. Tenants. With respect to the notices listed in this Section, it shall be the responsibility of the notified Surface Owner to give notice of the proposed operation to the tenant farmer, lessee, or other party that may own or have an interest in any crops or surface improvements that could be affected by such proposed operation. 6. Waiver. Any of the notices required in this Section 21-5-480 may be waived in writing by the Surface Owner, its agent, or, provided that a waiver by a Surface Owner or its agent 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. B. Location signage. The Operator shall, concurrent with the Surface Owner Notice, post a sign not less than two -feet by two -feet at the intersection of the lease road and the public road providing access to the Well Site, with the name of the proposed Well, the legal location thereof, and the estimated date of commencement. Such sign shall be maintained until Completion operations at the Well are concluded. PAGE 41 2019-3247 ORD2019-10 4511404 Pages: 41 of 58 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO 1111 IMINAIPLUARL'4d�M��i11 14��Mti'��.W k 11111 Sec. 21-5-485. Setbacks. A. Wells. 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 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 Surface Owner(s). B. Building Unit Setback: No Well or Production Facility 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 approved by the 1041 WOGLA Hearing Officer. Alternatively, the 1041 WOGLA 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, BMP's) will be employed to protect public health, safety and welfare. C. High Occupancy Building Unit: No Well or Production Facility within one -thousand (1,000) feet or less from a High Occupancy Building Unit. D. Designated Outside Activity Area ("DOAA"): No Well or Production Facility within one - thousand (1,000) feet or less from the boundary of a DOAA. E. School Facility and Child Care Center Setback: No Well or Production Facility within one - thousand (1,000) feet or less from a School Facility or Child Care Center, unless the relevant School Governing Body agrees in writing to the location of the proposed Well or Production Facility. F. Existing Oil and Gas Locations. Where the Oil and Gas Location is located within a Designated Setback Location solely as a result of Building Units being constructed after the Oil and Gas Location was constructed, the Director may grant an exception to setbacks when a Well or Production Facility is proposed to be added to an existing or approved Oil and Gas Location if the OGED Director 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 areas within these setbacks are known as the "Designated Setback Location." Oil and Gas Locations within the Designated Setback Location may occur if the 1041 WOGLA Hearing Officer is satisfied that the Operator will employ specific mitigation measures sufficient to eliminate, minimize or mitigate potential adverse impacts to public health, safety, welfare, the environment, and wildlife to the maximum extent technically feasible and economically practicable. Such mitigation measures shall be a condition of approval of the 1041 WOGLA Permit. PAGE 42 4511404 Pages: 42 of 58 08/02/2019 01:10 PM R Fey $0.00 Carly Koppes, Clerk �III1 X11 �� and Aiding r'. ul�lii till 2019-3247 ORD2019-10 H. For a School Facility or Child Care Center, the 1041 WOGLA Hearing Officer may allow a Well or Production Facility within one -thousand three -hundred twenty (1,320) feet or less if he or she determines that potential locations outside the applicable setback are technically infeasible or economically impracticable and sufficient mitigation measures are in place to protect public health, safety, and welfare. The measurement for determining any Designated Setback Location shall be the shortest distance between any existing or proposed Well or Production Facility on the Oil and Gas Location and the nearest edge or corner of any Building Unit, nearest edge or corner of any High Occupancy Building Unit, School Facility, or nearest boundary of any DOAA. I. 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 to a valid SUA or site specific development plan (as defined in Section 24-68- 102(4)(a), C.R.S., that establishes vested property rights as defined in Section 24-68-103, C.R.S.) that expressly governs the location of Wells or production facilities on the surface estate. Sec. 21-5-490. Mitigation measures in Designated Setback Locations. The following requirements apply to Oil and Gas Locations within Designated Setback Locations: A. Encroaching development. An Operator is not responsible for mitigation measures in areas where encroaching development has entered a designated setback for the permitted Oil and Gas Location following the issuance of a 1041 WOGLA Permit. B. Designated Setback Locations. In addition to the mitigation measures agreed to between the Operator and the persons or entities noticed pursuant to Section 21-5-320 B. of this Article V, the following mitigation measures shall apply in Designated Setback Locations: 1. Noise. Operations involving Pipeline or Gas Facility installation or maintenance, or the use of a drilling rig, are subject to the maximum permissible noise levels for the Light Industrial Zone, as measured at the nearest Building Unit. Short-term increases shall be allowable as described in Section 21-5-435 of this Article V. 2. Operators shall comply with the requirements set forth in COGCC Rule 604 c. (2) B. (closed loop drilling systems — Pit restrictions), Rule 604 c. (2) C. (green Completions — emission control systems), Rule 604 c. (2) E. (multi -Well pads), Rule 604 c. (2) F. (leak detection plan), Rule 604 c. (2) G. (berm construction), Rule 604 c. (2) H. (BOPE), Rule 604 c. (2) I. (BOPE testing for drilling operations), Rule 604 c. (2) J. (BOPE for Well servicing operations), Rule 604 c. (2) K. (Pit level indicators), Rule 604 c. (2) L. (drill stem tests), Rule 604 c. (2) M. (fencing requirements), Rule 604 c. (2) N. (control of fire hazards), Rule 604 c. (2) O. (loadlines), Rule 604 c. (2) P. (removal of surface trash), Rule 604 c. (2) Q. (guy line anchors), Rule 604 c. (2) R. (Tank specifications), Rule 604 c. (2) S. (access roads), Rule 604 c. (2) T. (Well Site cleared), Rule 604 c. (2) U. (identification of plugged and abandoned Wells), Rule 604 c. (2) V. (development of existing Well pads). C. Building Unit Setback. In addition to all items listed in Section 21-5-490 B., above, the following berm construction shall be required within the Building Unit Setback: PAGE 43 2019-3247 ORD2019-10 4311404 Pages: 43 of 58 08/02/2019 01:10 PM R Fee:$0,00 Carly Koppes, Clerk and Recorder, Weld County, CO liii MP.�R'r��Ai IIIYIL INI' 'DAWN! 11441L64), 111111 1. Containment berms shall be constructed of steel rings, designed and installed to prevent leakage and resist degradation from erosion or routine operation. 2. Secondary containment areas for Tanks shall be constructed with a synthetic or engineered liner that contains all primary containment vessels and Flowlines and is mechanically connected to the steel ring to prevent leakage. 3. For locations within five hundred (500) feet and upgradient of a surface water body, tertiary containment, such as an earthen berm, is required around Production Facilities. 4. In an Urban Mitigation Area, no more than two (2) crude oil or condensate storage Tanks shall be located within a single berm. D. Large UMA Facilities. In addition to all items listed in Section 21-5-490 C., above, the following mitigation measures will be required for all Large UMA Facilities: 1. Required BMPs. a. Fire, explosion, Chemical, and toxic emission hazards, including lightning strike hazards. Fluid leak detection, repair, reporting, and record keeping for all above and below ground on -site fluid handling, storage, and transportation equipment. b. Automated Well shut in control measures to prevent gas venting during emission control system failures or other upset conditions. c. Zero flaring or venting of gas upon Completion of flowback, excepting upset or emergency conditions, or with prior written approval from the Director for necessary maintenance operations. d. Storage Tank pressure and fluid management. e. Proppant dust control. 2. Site specific mitigation measures to address the specific concerns of persons who received a 1041 WOGLA notice, as determined by the 1041 WOGLA Hearing Officer. Sec. 21-5-495. Safety requirements. Operators shall comply with the safety rules set forth in COGCC Rules 603 b., 603 c., 603 d., and 603 e. Sec. 21-5-500. Floodplain requirements. An Operator 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. Sec. 21-5-505. Stormwater management. As part of the application for a 1041 WOGLA Permit, an Operator must apply for, be granted and comply with applicable required Stormwater management and discharge permits required pursuant to Chapter 8 of this Code. PAGE 44 2019-3247 ORD2019-10 4511404 Pages: 44 of 58 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO �� lirifiht tJ � kMO WO IV III Sec. 21-5-510. Equipment, weeds, waste, and trash management requirements. All locations, including Wells and surface production facilities, shall be kept free of the following: equipment, vehicles, and supplies not necessary for use on that lease; weeds; rubbish, and other waste material. The burning or burial of such material on the premises shall be performed in accordance with applicable local, state, or federal Solid Waste Disposal regulations and must be approved by the WCDPHE before burning begins. In addition, material may be burned or buried on the premises only with the prior written consent of the Surface Owner. Sec. 21-5-515. Equipment anchoring requirements. All equipment at drilling and production sites 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. 21-5-520. Buffer Zone move -in, rig -up ("MIRU") notice. At least 30 days, but no more than 90 days, before the move -in, rig -up ("MIRU") of a drilling rig, the Operator shall provide MIRU Notice to all Building Unit owners within the Buffer Zone if: (i) it has been more than one year since the previous notice or since drilling activity last occurred, or (ii) notice was not previously required. A. Weld County Assessor records may be used to identify the persons entitled to MIRU Notice. MIRU Notice shall be delivered by hand; certified mail, with return -receipt requested; electronic mail, with return receipt requested; or by other delivery service with receipt confirmation. B. The MIRU Notice must include: 1. A statement informing the Building Unit owner that the Operator intends to MIRU a drilling rig to drill Wells within one -thousand (1,000) feet of their Building Unit; 2. The Operator's contact information; 3. The location of the proposed Wells (Quarter -Quarter, Section, Township, Range, County); 4. The approximate street address of the proposed Well locations (Street Number, Name, City); 5. The name and number of the proposed Wells, including the WOGLA permit number; 6. The anticipated date (Day, Month, Year) the drilling rig will MIRU; and 7. The Weld County LGD's address and telephone number. C. A Building Unit owner entitled to receive MIRU Notice may waive their right in writing at any time. PAGE 45 2019-3247 ORD2019-10 4511404 Pages: 45 of 58 08/02/2019 01:10 PM R Fee:$0,00 Carly Koppes, Clerk and Reoorder, Weld County, CO VIII PAM A hilligi4 II Sec. 21-5-525. Protection of Wildlife Resources. A. The 1041 WOGLA Hearing Officer shall determine whether conditions of approval are necessary to Minimize Adverse Impacts from the proposed Oil and Gas Operations in the identified Sensitive Wildlife Habitat or Restricted Surface Occupancy Area. 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; and 4. Take into consideration cost-effectiveness and technical feasibility regarding actions taken and decisions made to Minimize Adverse Impacts to Wildlife Resources. B. In selecting conditions of approval from such BMPs or other sources, the 1041 WOGLA Hearing Officer shall consider the following factors, among other considerations: 1. The BMPs for the producing geologic basin in which the Oil and Gas Location is situated; 2. Site -specific and species -specific factors of the proposed new Oil and Gas Location; 3. Anticipated direct and indirect effects of the proposed Oil and Gas Location on Wildlife Resources; 4. The extent to which conditions of approval will promote the use of existing facilities and reduction of new surface disturbance; 5. The extent to which legally accessible, technologically feasible, and economically practicable alternative sites exist for the proposed new Oil and Gas Location; 6. The extent to which the proposed Oil and Gas Operations will use technology and practices which are protective of the environment and Wildlife Resources; 7. The extent to which the proposed Oil and Gas Location minimizes surface disturbance and habitat fragmentation; 8. The extent to which the proposed Oil and Gas Location is within Land Used for residential, industrial, commercial, agricultural, or other purposes, and the existing disturbance associated with such use. Sec. 21-5-530. Other general operating requirements regarding wildlife protection. Subject to exception by the OGED Director for site specific reasons and BMPs, the operating requirements identified below shall apply in all areas. A. To Minimize Adverse Impacts to Wildlife Resources, Operators shall plan new transportation networks and new oil and gas facilities to minimize surface disturbance and the number and length of oil and gas roads and utilize common roads, rights of way, and access points to the extent practicable, consistent with these rules, an Operator's operational requirements, and any requirements imposed by federal and state land management agencies, Weld County's regulations, and SUAs and other Surface Owner requirements, and taking into account cost effectiveness and technical feasibility. PAGE 46 2019-3247 ORD2019-10 4311404 Pages: 46 of 58 08/02/2019 01:10 PM R Fee:$0.00Carly Koppes, Clerk and Recorder, Weld County, CO Milk II III B. Establish new staging, refueling, and Chemical storage areas outside of riparian zones and Floodplains. C. Use minimum practical construction widths for new rights -of -way where Pipelines cross riparian areas, streams, and critical habitats. Sec. 21-5-535. Requirements in Restricted Surface Occupancy Areas. A. Operators shall avoid Restricted Surface Occupancy Areas to the maximum extent technically and economically feasible when planning and conducting new oil and gas development operations, except: 1 When authorized by or specifically exempted by Colorado Parks and Wildlife following consultation; 2. When authorized by a Comprehensive Drilling Plan; 3. Upon demonstration that the identified habitat is not in fact present; or 4. In the event of situations posing a risk to public health, safety, welfare, or the environment. B. New ground disturbing activities are to be avoided in Restricted Surface Occupancy Areas, including construction, drilling and Completion, non -emergency workovers, and Pipeline installation activity, to Minimize Adverse Impacts to Wildlife Resources. Production, routine maintenance, repairs and replacements, emergency operations, Reclamation activities, or habitat improvements are not prohibited in Restricted Surface Occupancy Areas. Notwithstanding the foregoing, non -emergency workovers, including uphole recompletions, may be performed with prior approval of the OGED Director on a schedule that minimizes adverse impacts to the species for which the Restricted Surface Occupancy Area exists. Sec. 21-5-540. General operating requirements in Sensitive Wildlife Habitat and Restricted Surface Occupancy Areas. A. Subject to exception by the 1041 WOGLA Hearing Officer for site specific reasons and BMPs, within Sensitive Wildlife Habitat and Restricted Surface Occupancy Areas, Operators shall comply with the following operating requirements: 1. During Pipeline construction for trenches that are left open for more than five (5) days and are greater than five (5) feet in width, install wildlife crossovers and escape ramps where the trench crosses well-defined game trails and at a minimum of one quarter (1/4) mile intervals where the trench parallels well-defined game trails. 2. Inform and educate employees and contractors on wildlife conservation practices, including no harassment or feeding of wildlife. 3. Consolidate new facilities to minimize impact to wildlife. 4. Minimize rig mobilization and demobilization where practicable by completing or recompleting all Wells from a given Well pad before moving rigs to a new location. 5. To the extent practicable, share and consolidate new corridors for Pipeline rights -of -way and roads to minimize surface disturbance. 6. Engineer new Pipelines to reduce Field fitting and reduce excessive right-of-way widths and Reclamation. PAGE 47 4511404 Pages: 47 of 58 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppss, Clerk and Recorder, Weld County, CO 11111 2019-3247 ORD2019-10 7. Use boring instead of trenching across perennial streams considered critical fish habitat. 8. Treat waste water Pits and any associated Pit 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 brushhog 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 drilling water and produced liquids through the use of Pipelines, large Tanks, or other measures where technically feasible and economically practicable. Sec. 21-5-545. General Reclamation requirements. A. Surface restoration. The surface of the land shall be restored as nearly as practicable to its condition at the commencement of drilling operations, including topsoil restoration and protection. B. OGED Director determination. When the OGED Director has reasonable cause to believe that a proposed oil and gas operation could result in a significant adverse environmental impact on any air, water, soil, or biological resource, the Director shall conduct an onsite inspection and may request a hearing before the Board of County Commissioners to rescind the 1041 WOGLA Permit pursuant to the procedures set forth in Section 21-5-370, above, and execute on Financial Assurance to protect the public health, safety and welfare, including prevention of significant adverse environmental impacts. C. Surface Owner waiver. 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. 21-5-550. Site preparation and stabilization. A. Fencing requirements. PAGE 48 2019-3247 ORD2019-10 4511404 Pages: 48 of 58 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO i 1I II 1. Fencing of drill sites and access roads on Crop Lands. During drilling operations on Crop Lands, when requested by the Surface Owner, the Operator shall delineate each drillsite and access road on Crop Lands constructed after such date by berms, single strand fence, or other equivalent method to discourage unnecessary surface disturbances. 2. Fencing of reserve Pit when livestock is present. During drilling operations where livestock is in the immediate area and is not fenced out by existing fences, the Operator, at the request of the Surface Owner, will install a fence around the reserve Pit. 3. Fencing of Well Sites. After Completion of drilling operations, where livestock is in the immediate area and is not fenced out by existing fences, the Operator, at the request of the Surface Owner, will install a fence around the wellhead, Pit, and production equipment to prevent livestock entry. B. Soil removal and segregation. 1. Soil removal and segregation on cropland. 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 consistency. Segregation will be performed to the extent practicable to a depth of six (6) feet or bedrock, whichever is shallower. 2. Soil removal and segregation on non -cropland. As to all excavation operations undertaken on Non -Crop Land, the Operator shall separate and store the topsoil horizon or the top six (6) inches, whichever is deeper, and mark or document stockpile locations to facilitate subsequent Reclamation. When separating the soil horizons, the Operator shall segregate the horizon based upon noted changes in physical characteristics such as organic content, color, texture, density, or consistency. 3. Horizons too rocky or too thin. When the soil horizons are too rocky or too thin for the Operator to practicably segregate, then the topsoil shall be segregated to the extent practicable and stored. Too rocky shall mean that the soil horizon consists of greater than thirty five percent (35%) by volume rock fragments larger than ten (10) inches in diameter. Too thin shall mean soil horizons that are less than six (6) inches in thickness. The Operator shall segregate remaining soils on Crop Land to the extent practicable to a depth of three (3) feet below the ground surface or bedrock, whichever is shallower, based upon noted changes in physical characteristics such as color, texture, density or consistency and such soils shall be stockpiled to avoid loss and mixing with other soils. C. Protection of soils. All stockpiled soils shall be protected from degradation due to contamination, compaction and, to the extent practicable, from wind and water erosion during drilling and production operations. BMPs to prevent weed establishment and to maintain soil microbial activity shall be implemented. PAGE 49 2019-3247 ORD2019-10 4511404 Pages: 49 of 58 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppee, Clark and Recorder, Weld County, CO lIli WPM N4!c "III D. Drill pad location. The drilling location shall be designed and constructed to provide a safe working area while reasonably minimizing the total surface area disturbed. Consistent with applicable spacing orders and Well location orders and regulations, in locating drill pads, steep slopes shall be avoided when reasonably possible. The drill pad site shall be located on the most level location obtainable that will accommodate the intended use. If not avoidable, deep vertical cuts and steep long fill slopes shall be constructed to the least percent slope practical. Where feasible, Operators shall use directional drilling to reduce cumulative impacts and minimize adverse impacts on Wildlife Resources. E. Surface disturbance minimization. 1. In order to reasonably minimize land disturbances and facilitate future Reclamation, Well Sites, production facilities, gathering Pipelines, and access roads shall be located, adequately sized, constructed, and maintained so as to reasonably control dust and Minimize Erosion, alteration of natural features, removal of surface materials, and degradation due to contamination. 2. Operators shall avoid or minimize impacts to wetlands and riparian habitats to the degree practicable. 3. Where practicable, Operators shall consolidate facilities and Pipeline rights -of -way to Minimize Adverse Impacts to Wildlife Resources, including fragmentation of wildlife habitat, as Well as cumulative impacts. 4. Access roads. Existing roads shall be used to the greatest extent practicable to avoid erosion and minimize the land area devoted to Oil and Gas Operations. Roadbeds shall be engineered to avoid or minimize impacts to riparian areas or wetlands to the extent practicable. Unavoidable impacts shall be mitigated. Road crossings of streams shall be designed and constructed to allow fish passage, where practicable and appropriate. Where feasible and practicable, Operators are encouraged to share access roads in developing a Field. Where feasible and practicable, roads shall be routed to complement other land usage. To the greatest extent practicable, all vehicles used by the Operator, contractors, and other parties associated with the Well shall not travel outside of the original access road boundary. Repeated or flagrant instance(s) of failure to restrict lease access to lease roads which result in unreasonable land damage or crop losses shall subject the 1041 WOGLA Permit to rescission by the Board of County Commissioners pursuant to Section 21-5-370. PAGE 50 2019-3247 ORD2019-10 4511404 Pages: 50 of 58 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO 1111riga��K4�FJMirk 11111 Sec. 21-5-555. Interim Reclamation. A. General. Debris and waste materials other than de minimis amounts, including, but not limited to, concrete, sack bentonite and other drilling mud additives, sand plastic, pipe and cable, as Well as equipment associated with the drilling, re-entry, or Completion operations shall be removed. All E&P Waste shall be handled according to Section 21-5-450 of this Article V. All Pits, cellars, rat holes, and other bore holes unnecessary for further lease operations, excluding the drilling Pit, will be backfilled as soon as possible after the drilling rig is released to conform with surrounding terrain. On Crop Land, if requested by the Surface Owner, guy line anchors shall be removed as soon as reasonably possible after the Completion rig is released. When permanent guy line anchors are installed, it shall not be mandatory to remove them. When permanent guy line anchors are installed on cropland, care shall be taken to minimize disruption or cultivation, irrigation, or harvesting operations. If requested by the Surface Owner or its representative, the anchors shall be specifically marked, in addition to the marking required below, to facilitate farming operations. All guy line anchors left buried for future use shall be identified by a marker of bright color not less than four (4) feet in height and not greater than one (1) foot east of the guy line anchor. B. Interim Reclamation of areas no longer in use. All disturbed areas affected by drilling or subsequent operations, except areas reasonably needed for production operations or for subsequent drilling operations to be commenced within twelve (12) months, shall be reclaimed as early and as nearly as practicable to their original condition or their final Land Use as designated by the Surface Owner and shall be maintained to control dust and Minimize Erosion to the extent practicable. As to Crop Lands, if subsidence occurs in such areas additional topsoil shall be added to the depression and the land shall be re -leveled as close to its original contour as practicable. Interim Reclamation shall occur no later than three (3) months on Crop Land or six (6) months on Non -Crop Land after such operations unless the OGED Director extends the time period because of conditions outside the control of the Operator. Areas reasonably needed for production operations or for subsequent drilling operations to be commenced within twelve (12) months shall be compacted, covered, paved, or otherwise stabilized and maintained in such a way as to minimize dust and erosion to the extent practicable. C. Compaction alleviation. All areas compacted by drilling and subsequent Oil and Gas Operations which are no longer needed following Completion of such operations shall be cross -ripped. On Crop Land, such compaction alleviation operations shall be undertaken when the soil moisture at the time of ripping is below thirty-five percent (35%) of Field capacity. Ripping shall be undertaken to a depth of eighteen (18) inches unless and to the extent bed rock is encountered at a shallower depth. D. Drilling Pit closure. As part of interim Reclamation, Drilling Pits shall be closed in the following manner: PAGE 51 2019-3247 ORD2019-10 4511404 Pages: 51 of 58 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppel, Clerk and Reoorder, Wald County, CO 1111 ��aa��► 11111 1. Drilling Pit closure on Crop Land and within 100 -year Floodplain. On Crop Land or within the 100 -year Floodplain, water -based bentonitic drilling fluids, except de minimis amounts, shall be removed from the drilling Pit and disposed of in accordance with Section 21-5- 450 of this Article V. Operators shall ensure that soils meet the concentration levels of Appendix 21-A. Drilling Pit Reclamation, including the disposal of drilling fluids and cuttings, shall be performed in a manner to not result in the formation of an impermeable barrier. Any cuttings removed from the Pit for drying shall be returned to the Pit prior to backfilling, and no more than de minimis amounts may be incorporated into the surface materials. After the drilling Pit is sufficiently dry, the Pit shall be backfilled. The backfilling of the drilling Pit shall be done to return the soils to their original relative positions. Closing and Reclamation of Drilling Pits shall occur no later than three (3) months after drilling and Completion activities conclude. 2. Drilling Pit closure on Non -Crop Land. All drilling fluids shall be disposed of in accordance with Section 21-5-450 of this Article V. Operators shall ensure that soils meet the concentration levels of Appendix 21-A. After the drilling Pit is sufficiently dry, the Pit shall be backfilled. Materials removed from the Pit for drying shall be returned to the Pit prior to the backfilling. No more than de minimis amounts may be incorporated into the surface materials. The backfilling of the drilling Pit will be done to return the soils to their original relative positions so that the muds and associated solids will be confined to the Pit and not squeezed out and incorporated in the surface materials. Closure and Reclamation of Drilling Pits shall occur no later than six (6) months after drilling and Completion activities conclude, weather permitting. 3. Minimum cover. On Crop Lands, a minimum of three (3) feet of backfill cover shall be applied over any remaining drilling Pit contents. As to both Crop Lands and Non -Crop Lands, during the two (2) year period following drilling Pit closure, if subsidence occurs over the closed drilling Pit location additional topsoil shall be added to the depression and the land shall be re -leveled as close to its original contour as practicable. E. Restoration and revegetation. When a Well is completed for production, all disturbed areas no longer needed will be restored and revegetated as soon as practicable. 1. Revegetation of Crop Lands. All segregated soil horizons removed from Crop Lands shall be replaced to their original relative positions and contour and shall be tilled adequately to re-establish a proper seedbed. The area shall be treated if necessary and practicable to prevent invasion of undesirable species and noxious weeds, and to control erosion. Any perennial forage crops that were present before disturbance shall be re- established. PAGE 52 2019-3247 ORD2019-10 4511404 Pages: 52 of 58 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppea, Clerk and Recorder, Weld County, CO �� Eir rill 11111 2. Revegetation of Non -Crop Lands. All segregated soil horizons removed from Non -Crop Lands shall be replaced to their original relative positions and contour as near as practicable to achieve erosion control and long-term stability and shall be tilled adequately to establish a proper seedbed. The disturbed area then shall be reseeded in the first favorable season following rig demobilization. Reseeding with species consistent with the adjacent plant community is encouraged. In the absence of an agreement between the Operator and the affected Surface Owner as to what seed mix should be used, the Operator shall consult with a representative of the local soil conservation district to determine the proper seed mix to use in revegetating the disturbed area. In an area where an Operator has drilled or plans to drill multiple Wells, in the absence of an agreement between the Operator and the affected Surface Owner, the Operator may rely upon 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 conducted. Interim Reclamation of all disturbed areas no longer in use shall be considered complete when all ground surface disturbing activities at the site have been completed, and all disturbed areas have been either built on, compacted, covered, paved, or otherwise stabilized in such a way as to Minimize Erosion to the extent practicable, or a uniform vegetative cover has been established that reflects pre -disturbance or Reference Area forbs, shrubs, and grasses with total percent plant cover of at least eighty percent (80%) of pre -disturbance levels or Reference Areas, excluding noxious weeds. Re- seeding alone is insufficient. 3. Interim Reclamation Completion. The Operator shall notify the OGED Director with a description of the interim Reclamation procedures and any associated mitigation measures performed, any changes, if applicable in the landowner's designated final Land Use, and at a minimum four (4) photographs taken during the growing season facing each cardinal direction which document the success of the interim Reclamation and one (1) photograph which documents the total cover of live perennial vegetation of adjacent or nearby undisturbed land or the Reference Area. Each photograph shall be identified by date taken, Well name, GPS location, and direction of view. 4. Temporary Access Permits. If a temporary access permit is associated with a drillsite, the temporary access will be reclaimed in accordance with Chapter 8, Article XIV of this Code. PAGE 53 2019-3247 ORD2019-10 4511404 Pages: 53 of 58 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO WNNAIAN0 AVM II II Sec. 21-5-560. Final Reclamation of Well Sites and associated production facilities. A. Well Sites and associated production facilities. Upon the Plugging and Abandonment of a Well, all Pits, mouse and rat holes and cellars shall be backfilled. All debris, abandoned Gathering Line Risers and Flowline Risers, and surface equipment shall be removed within three (3) months of plugging a Well. All access roads to plugged and abandoned Wells and associated production facilities shall be closed, graded and recontoured. Culverts and any other obstructions that were part of the access road(s) shall be removed. Well locations, access roads and associated facilities shall be reclaimed. As applicable, compaction alleviation, restoration, and revegetation of Well Sites, associated production facilities, and access roads shall be performed to the same standards as established for interim Reclamation under Section 21-5-555, above. All other equipment, supplies, weeds, rubbish, and other waste material shall be removed. The burning or burial of such material on the premises shall be performed in accordance with applicable local, state, or federal Solid Waste Disposal regulations. In addition, material may be burned or buried on the premises only with the prior written consent of the Surface Owner. All such Reclamation work shall be completed within three (3) months on Crop Land and twelve (12) months on Non -Crop Land after plugging a Well or final closure of associated production facilities. The Director may grant an extension where unusual circumstances are encountered, but every reasonable effort shall be made to complete Reclamation before the next local growing season. B. Production and special purpose Pit closure. The Operator shall comply with the Section 21- 5-450 of this Article V for the removal or treatment of E&P Waste remaining in a production or special purpose Pit before the Pit may be closed for final Reclamation. After any remaining E&P Waste is removed or treated, all such Pits must be back -filled to return the soils to their original relative positions. As to both Crop Lands and Non -Crop Lands, if subsidence occurs over closed Pit locations, additional topsoil shall be added to the depression and the land shall be re -leveled as close to its original contour as practicable. C. Final Reclamation threshold for release of Financial Assurance. Successful Reclamation of the Well Site and access road will be considered completed when: 1. On Crop Land, Reclamation has been performed and the OGED Director has determined there has been no significant unrestored subsidence over two growing seasons. 2. On Non -Crop Land, Reclamation has been performed and disturbed areas have been either built on, compacted, covered, paved, or otherwise stabilized in such a way as to Minimize Erosion to the extent practicable, or a uniform vegetative cover has been established that reflects pre -disturbance or Reference Area forbs, shrubs, and grasses with total percent plant cover of at least eighty percent (80%) of pre -disturbance or Reference Area levels, excluding noxious weeds, as determined by the OGED Director. The OGED Director shall consider the total cover of live perennial vegetation of adjacent or nearby undisturbed land, not including overstory or tree canopy cover, having similar soils, slope and aspect of the reclaimed area. 3. Disturbances resulting from flow line installations shall be deemed adequately reclaimed when the disturbed area is reasonably capable of supporting the pre -disturbance Land Use. PAGE 54 2019-3247 ORD2019-10 4511404 Pages: 54 of 58 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO 1111 l�R�� Jh G+ �li+�'rl�OAP � �I��Illtitilti 11111 4. The Operator has notified the OGED Director describing the final Reclamation procedures, any changes, if applicable, in the landowner's designated final Land Use, and any mitigation measures associated with final Reclamation performed by the Operator, and a final Reclamation inspection has been completed by OGED, there are no outstanding compliance issues as determined by the OGED Director. D. Final Reclamation of all disturbed areas shall be considered complete when all activities disturbing the ground have been completed, and all disturbed areas have been either built upon, compacted, covered, paved, or otherwise stabilized in such a way as to Minimize Erosion, or a uniform vegetative cover has been established that reflects pre -disturbance or Reference Area forbs, shrubs, and grasses with total percent plant cover of at least eighty percent (80%) of pre -disturbance or Reference Area levels, excluding noxious weeds, or equivalent permanent, physical erosion reduction methods have been employed. Re- seeding alone is insufficient. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. PAGE 55 2019-3247 ORD2019-10 4511404 Pages: 55 of 58 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 MrdlrliWPM I' 11 II The above and foregoing Ordinance Number 2019-10 was, on motion duly made and seconded, adopted by the following vote on the 22nd day of July, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WD COUNTY, COLOADO ATTEST: darAlvti [o; Weld • • t Clerk to the Deputy C AP"S DAST y A orney Date of signature: Publication: First Reading: Publication: Second Reading: Publication: Final Reading: Publication: Effective: tt K. James Steve Moreno 7Au,// June 5, 2019 June 7, 2019 June 10, 2019 June 16, 2019, in the Greeley Tribune July 1, 2019 July 10, 2019, in the Greeley Tribune July 22, 2019 July 31, 2019, in the Greeley Tribune August 5, 2019 PAGE 56 4511404 Pages: 56 of 58 08/02/2019 01:10 PM R Fee:$0,00 Car1Y KoPPes Clerk and Recorder Weld County Co 2019-3247 ORD2019-10 ADD APPENDIX 21-A Appendix 21-A CONCENTRATION LEVELS' Contaminant of Concern Concentrations Organic Compounds in Soil TPH (total volatile and extractable petroleum hydrocarbons) 500 mg/kg Benzene 0.17 mg/kg2 Toluene 85 mg/kg2 Ethylbenzene 100 mg/kg2 Xylenes (total) 175 mg/kg2 Acenaphthene 1,000 mg/kg2 Anthracene 1,000 mg/kg2 Benz(a)anthracene 0.22 mg/kg2 Benzo(b)fluoranthene 0.22 mg/kg2 Benzo(k)fluoranthene 2.2 mg/kg2 Benzo(a)pyrene 0.022 mg/kg2 Chrysene 22 mg/kg2 Dibenzo(a,h)anthracene 0.022 mg/kg2 Fluoranthene 1,000 mg/kg2 Fluorene 1,000 mg/kg2 Indeno(1,2,3,c,d)pyrene 0.22 mg/kg2 Naphthalene 23 mg/kg2 Pyrene 1,000 mg/kg2 Organic Compounds in Ground Water Benzene 5 ❑g/13 Toluene 560 to 1,000 ❑g/I3 Ethylbenzene 700 ❑g/I3 Xylenes (Total) 1,400 to 10,000 ❑g/I3'4 Inorganics in Soils Electrical Conductivity (EC) <4 mmhos/cm or 2x background Sodium Adsorption Ratio (SAR) <125 pH 6-9 Inorganics in Ground Water Total Dissolved Solids (TDS) <1.25 x background3 Chlorides <1.25 x background3 Sulfates <1.25 x background3 Metals in Soils Arsenic 0.39 mg/kg2 Barium (LDNR True Total Barium) 15,000 mg/kg2 Boron (Hot Water Soluble) 2 mg/I3 Cadmium 70 mg/kg3,6 Chromium (III) 120,000 mg/kg2 Chromium (VI) 23 mg/kg2,6 Copper 3,100 mg/kg2 Lead (inorganic) 400 mg/kg2 Mercury 23 mg/kg2 Nickel (soluble salts) 1,600 mg/kg2,6 4511404 Pages: 57 of 58 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO lilt lililt ig Lill EN 'All IIVII idw A WiltaIl 1 FIAll & AI II 2019-3247 ORD2019-10 Selenium 390 mg/kg2,6 Silver 390 mg/kg2 Zinc 23,000 mg/kg2,6 Liquid Hydrocarbons in Soils and Ground Water Liquid hydrocarbons including condensate and oil Below detection level COGCC recommends that the latest version of EPA SW 846 analytical methods be used where possible and that analyses of samples be performed by laboratories that maintain state or national accreditation programs. 1 Consideration shall be given to background levels in native soils and ground water. 2 Concentrations taken from CDPHE-HMWMD Table 1 Colorado Soil Evaluation Values (December 2007). 3 Concentrations taken from CDPHE-WQCC Regulation 41 - The Basic Standards for Ground Water. 4 For this range of standards, the first number in the range is a strictly health -based value, based on the WQCC's established methodology for human health -based standards. The second number in the range is a maximum contaminant level (MCL), established under the Federal Safe Drinking Water Act which has been determined to be an acceptable level of this chemical in public water supplies, taking treatability and laboratory detection limits into account. The WQCC intends that control requirements for this chemical be implemented to attain a level of ambient water quality that is at least equal to the first number in the range except as follows: 1) where ground water quality exceeds the first number in the range due to a release of contaminants that occurred prior to September 14, 2004 (regardless of the date of discovery or subsequent migration of such contaminants) clean-up levels for the entire contaminant plume shall be no more restrictive than the second number in the range or the ground water quality resulting from such release, whichever is more protective, and 2) whenever the WQCC has adopted alternative, site -specific standards for the chemical, the site -specific standards shall apply instead of these statewide standards. 5 Analysis by USDA Agricultural Handbook 60 method (20B) with soluble cations determined by method (2). Method (20B) = estimation of exchangeable sodium percentage and exchangeable potassium percentage from soluble cations. Method (2) = saturated paste method (note: each analysis requires a unique sample of at least 500 grams). If soils are saturated, USDA Agricultural Handbook 60 with soluble cations determined by method (3A) saturation extraction method. 6 The table value for these inorganic constituents is taken from the CDPHE-HMWMD Table 1 Colorado Soil Evaluation Values (December 2007). However, because these values are high, it is possible that sitespecific geochemical conditions may exist that could allow these constituents to migrate into ground water at levels exceeding ground water standards even though the concentrations are below the table values. Therefore, when these constituents are present as contaminants, a secondary evaluation of their leachability must be performed to ensure ground water protection. 4°311404 Pages: 58 of 58 08/02/2019 01:10 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO VIII Fdi'iI VAhVlIIII,In 11111 2019-3247 ORD2019-10 WELD COUNTY CODE ORDINANCE 201 9-1 0 et,e,e—/ Ifra2-1/4 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST ARTICLE I - Administrative Regulations Division 1 - Introductory and General Provisions Amend Sec. 214-10. Title and citation. The regulations found in this Chapter 21 may be referred to generally as the 1 041 Regulations, unless the specific regulations adopted for the designated area or activity of state interest has a designated name for that Article of this Chapter 21. All citations hereto shall be with reference to the Section numbers of the Weld County Code, as set forth herein. Amend Sec. 21-1-20. Purpose and findings. A. Purpose and intent. The purpose and intent of the Section 1041 Regulations is to facilitate identification, designation and administration of matters of state interest consistent with the statutory requirements and criteria set forth in C.R.S. §24-65.1-101, et seq. B. Findings. With respect to these 1041 Regulations, the Board of County Commissioners finds as follows: Delete 1 and renumber, as follows: PAGE 1 2019-3247 ORD2019-10 1. The 1041 Regulations are necessary because of the intensity of current and foreseeable development pressures on and within the County and to promote the health, safety and welfare of the citiz nrs, and to protect the environment and wildlife of Weld County; Delete 3 and renumber, as follows: 2. he 1041 Regulations apply to the entire unincorporated territory of the County; and 3. The 1041 Regulations interpret and apply to any regulations d•pted for specific areas of state inth rest and specific activities of state interest which have been or may be designated by the Board of County Commissioners. Amend Sec. 21-1-30. Legal authority. The 1041 Regulations are authorized by and through the Colorado Areas and Activities of State Internst Act (" ;, I {,SOS"), C.R.S. §§24-65.1-101, et seq.; the Colorado _ocal Government Land Use Enabling Act, C.R.S. §§29-20-101, et seq., including, without limitation, C.R.S. §29-20-104; the County Planning and tuilding Code statutes set forth in C.R.S. Title 30, Article 28; and the powers and authorities conferred upon home rule counties set forth in C.R.S. Title 30, Article 35, 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. Amend Sec. 21-1-40. Appic alility. The 1041 Regulations shall apply to all proceedings concerning identification and designation of any developments in any area of state interest or any activity of state interest which has been •r may hereafter be designated by the Board of County Commissiners, and the control of development in any such area or activity within the County, unless specifically excepted pursuant to the provisions of the regulations in the applicable Article of this Chapter 21. Amend Sec. 21-1-50. Exemptions. The portions of the 1041 Regulations authorized exclusively under Section 24-65.1-101, et seq., C.R.S., shall not apply t. any development in an area of state interest or any activity of state interest which meets any one (1) of the following conditions, as of May 17, 1974: (a) the specific development or activity was covered by a current building permit issued by the County; (b) the specific development or activity had been approved by the electorate of the County; or (c) the specific development or activity is to be on land: (i) which has been conditionally or finally approved by the County for planned unit development •r for a use substantially the same as planned unit development; (ii) which has been zoned by the County for the use contemplated by such development or activity; or (iii) with respect to which a development plan has been conditionally or finally approved by the County. srDnd Sec. 21-1-60. Relationship of 1041 requirements. e§fftions to other county, s to and federal A. More restrictive County standards or requirements control. Whenever the 1041 eegulations are found t0 be inconsistent with any other applicable resolution, ordinance, code, regulation or other enactment of the County, the enactment imposing the more restrictive standards or requirements shall control. PAGE 2 2019-3247 ORD2019-10 B. Statutory criteria in C.R.S. §24-65.1-202 and §24-65.1-204, control if the 1041 Regulations are less stringent. In the event the 1041 Regulations are found to be less stringent than the statutory criteria for administration of matters of state interest set forth in G.R.S. §24-65.1-202 and §24-65.1-204, the statutory criteria shall control. C. The 1041 Regulations control if statutory criteria less stringent in C.R.S. §24-65.1-202 and §24-65.1-204. In the event the 1041 Regulations are found to be more stringent than the statutory criteria for administration of matters of state interest set forth in C.R.Q. §24-65.1- 202 and §24-65.1-204, these 1041 Regulations shall control pursuant to the authority of C.R.S. §24-65.1-402(3). D. The 1041 regulations set forth in Article V Chapter 21 control in cases of overlapping requirements of this Code. Where the 1041 Regulations set forth in Article V of Chapter 21 overlap with other applicable regulations in this Code, then the 1041 Regulations set forth in Article V of Chapter 21 control. E. The 1041 Regulations are in addition to, and not in lieu of, other regulations of the County. The 1041 Regulations are intended to be applied in addition to, and not in lieu of, all other regulations of the County, including, without limitation, the zoning, subdivision, planned unit development, regional urbanization area, intergovernmental agreement, individual sewage disposal system and Comprehensive Plan portions of this Code. Delete F. Permit requirements and reletter subsequent item, as follows: F. Other governmental agencies. In the event that any political subdivision, agency, instrumentality or corporation of the State of Colorado or the United States government, or an entity regulated by such a designated governmental unit, seeks to conduct a designated area or activity of state interest in the County, the intent of the 1041 Regulations is that the Board of County Commissioners shall exercise its authority pursuant to the 1041 Regulations and state statutes to the maximum extent allowable consistent with federal and state law and regulations. Amend Sec. 21-1-70. Duties of Board of County Commissioners. Unless otherwise specifically provided for, it shall be the duty of the Board of County Commissioners to perform all of the functions set forth in this Article I, and those specified in Articles II, III, and IV of this Chapter 21. The Board of County Commissioners shall also be generally empowered to hear appeals from any person aggrieved by any decision of the Planning Director made in the course of administering these 1041 Regulations. Any such appeal shall follow the appeals procedure set forth in Section 2-4-10 of this Code. Amend Sec. 21-1-9*. Definitions. The words and terms used in these 1041 Regulations for administration of areas and activities of state interest shall have the meanings set forth below, unless the context requires otherwise: Designation: Only that legal procedure specified by C.R.S. §24-65.1-401, et seq., and specified in this Article I as carried out by the Board of County Commissioners. Development: Any construction or activity which changes the basic character or the use of the land upon which the construction or activity occurs, as determined in accordance with the provisions of Chapter 23 of this Code. PAGE 3 2019-3247 ORD2019-10 Division 2 - Designation of Matter of State Interest Amend Sec. 21-1-210. Public hearing required. A. and B. — No change. C. (Repealed.) Amend Sec. 21-1-220. Notice of public hearing, mailing list, publicatin. A. and B. — No change. C. At least thirty (30) days but no more than sixty (60) days before the public hearing, the Board of County Commissioners shall publish the notice one (1) time in the newspaper of general circulation in the County designated by the Board as the County legal newspaper and shall mail the notice by first class mail to each of the following: 1. State and federal agencies, as deemed appropriate in the discretion of the Board of County Commissioners. Remainder of Section — No change. Amend Sec. 214-230. Matters to be considered at designation hearing. At the public hearings on designation, the Planning Commission, to the extent applicable, and the Board of County Commissioners shall consider such evidence as they deem appropriate, including, but not limited to, testimony and documents addressing the following considerations: A. — No change. B. The matters and considerations set forth in any applicable guidelines. Remainder of Section — No change. Amend Sec. 21-1-260. Adoption of designation and regulations. A. thru D. — No change. E. Adoption of regulations adopted after designation of a matter of State interest shall be enacted by Code amendment through adoption of a Code ordinance change. Sec. 21-1-270. Submission of material to Colorado Land Use Commission. (Repealed.) Amend Sec. 21-1-290. Effect of designation - moratorium until final determination. Except for the 1041 WOGLA Permit regulations and procedures set forth in Article V of this Chapter 21, after a matter of state interest is designated pursuant hereto, no person shall engage in development in such area and no such activity shall be conducted until the designation and regulations for such area or activity are finally determined as required by C.R.S. §24-66.1-404(4). ARTICLE II - Permit Regulations The permit regulations set forth in this Article II shall not apply to the regulations and procedures regarding 1041 WOGLA Permits set forth in Article V of this Chapter 21. PAGE 4 2019-3247 ORD2019-10 Division 5 - Administration, Enforcement and Penalties Amend Sec. 21-2-500. Enforcement and penalties. Any person engaging in a development in a designated area of a state interest or conducting a designated activity of state interest who does not obtain a permit pursuant to these 1041 Regulations, who does not comply with permit requirements, or who acts outside the authority of the 1041 Permit, may be enjoined by the County from engaging in such development or conducting such activity, and may be subject to such other criminal or civil liability as may be prescribed by law. ARTICLE III - Site Selection and Construction of Major Facilities of a Public Utility Division 2 - Designation of Site Selection and Construction of Major Facilities of a Public Utility Amend Sec. 21-3-200. Designation of site selection and construction of major facilities of a public utility. The Board of County Commissioners, having considered the intensity of current and foreseeable development pressures, and the provisions and requirements of these 1041 Regulations, orders that the designation of site selection and construction of major facilities of a public utility as a matter of state interest made by the Board on May 16, 2001, is hereby ratified and confirmed and that this activity shall be regulated pursuant to the provisions of this Chapter. Remainder of Section — No change. Add New 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) 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 "Mineral Resource (Oil and Gas) Area"], through the authority delegated to Local Governments in Section 24-65.1-202, C.R.S. Such designation is contained in Section 21-5-200, below. The regulations (referred to herein as "1041 WOGLA Regulations") set forth in this Article IV are also made pursuant to the authority granted Weld County in the Colorado Areas and Activities of State Interest Act ("AASIS"), 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, C.R.S., including authority to adopt the Weld County Home Rule Charter to ensure self- determination and to promote the health, safety, security and general welfare of the people of Weld County; 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 III are to: PAGE 5 2019-3247 ORD2019-10 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 the exploration and extraction of oil and gas within the Mineral Resource (Oil and Gas) Area in Weld County; E. Protect air quality in Weld County; F. Protect the environment and wildlife in Weld County; G. Promote the efficient and economic use of public resources in Weld County; H. Protect and administer the Mineral Resource (Oil and Gas) Area in such a manner as to permit the exploration and extraction of oil and gas and thereby minimize waste, unless such exploration and extraction 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 extraction of oil and gas within the Mineral Resource (Oil and Gas) Area in Weld County; and J. Regulate the exploration and extraction of oil and gas within the 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 Section 21-1-90 of this Code, the following terms specific to the designation of site selection and construction of major facilities of a public utility shall be construed to have the meanings set forth as follows: 1041 WOGLA Permit: means a Weld Oil and Gas Location Assessment permit issued pursuant to this Article V. Applicant means the person who applies for a 1041 Weld County Oil and Gas Location Assessment ("1041 WOGLA") permit. The Applicant may be referred to herein as the "1041 WOGLA Permittee." Barrel: means 42 (U.S.) gallons at 60° F at atmospheric pressure. Base Fluid: means the continuous phase fluid type, such as water, used in a hydraulic fracturing treatment. Best Management Practices (BMP's): means practices that are designed to prevent or reduce impacts caused by Oil and Gas Operations to air, water, soil, or biological resources, and to Minimize Adverse Impacts to public health, safety and welfare, including the environment and Wildlife Resources. PAGE 6 2019-3247 ORD2019-10 Building Unit, for obtaining a 1041 WOGLA Permit, means a Residential Building Unit; and every five thousand (5,000) square feet of building floor area in commercial facilities or every fifteen thousand (15,000) square feet of building floor area in warehouses that are operating and normally occupied during working hours. Buffer Zone: means the area one -thousand (1,000) feet from an Oil and Gas Location as measured from the Oil and Gas Location's disturbance area boundary in every direction. Cement: means a powdery substance made with calcined lime and clay. It is mixed with water to form mortar or mixed with sand, gravel, and water to make concrete and may be measured in 94 -pound sacks. Centralized E&P Waste Management Facility: means a facility, other than a commercial disposal facility regulated by the Colorado Department of Public Health and Environment, that (1) is either used exclusively by one owner or Operator or used by more than one Operator under an operating agreement; and (2) is operated for a period greater than three (3) years; and (3) receives for collection, treatment, temporary storage, and/or disposal produced water, drilling fluids, completion fluids, and any other exempt E&P Wastes that are generated from two or more production units or areas or from a set of commonly owned or operated leases. This definition includes oil -field naturally occurring radioactive materials (NORM) related storage, decontamination, treatment, or disposal. This definition excludes a facility that is permitted in accordance with COGCC Rule 903. Chemical(s): means any element, Chemical compound, or mixture of elements or compounds that has its own specific name or identity such as a Chemical abstract service number, whether or not such Chemical is subject to the requirements of 29 C.F.R. Section 1910.1200(g)(2) (2011). Child Care Center means a Child Care Center as defined in Section 26-6-102(5), C.R.S., that is in operation at the time of the 1041 WOGLA Permit notice pursuant to Section 21-5-320.B., below. A Child Care Center will include any associated outdoor play areas adjacent to or directly accessible from the center and is fenced or has natural barriers, such as hedges or stationary walls, at least four (4) feet high demarcating its boundary. Classified Water Supply Segment: means perennial or intermittent streams, which are surface waters classified as being suitable or intended to become suitable for potable water supplies by the Colorado Water Quality Control Commission, pursuant to the Basic Standards and Methodologies for Surface Water Regulations (5 C.C.R. 1002-31). COGCC: means the Oil and Gas Conservation Commission of the State of Colorado. Commercial Disposal Well Facility: means a facility whose primary purpose is disposal of Class II fluid waste (as defined in 40 G.F.R. §144.6(b)) waste from a third party for financial profit. PAGE 7 2019-3247 ORD2019-10 Completion: means an Oil Well shall be considered completed when the first new oil is produced through wellhead equipment into lease Tanks from the ultimate producing interval after the production string has been run. A Gas Well shill be considered completed when the Well is capable of producing gas through wel head equipment from the ultimate producing zone after the production string has been run. A dry hole shall be considered completed when all previsions of plugging are complieo with as set • ut in these rules. Any Well not previously defined as an Oil Well or Gas Well, shall be considered completed ninety (20) days after reaching total depth. If aopoved by the OGED Director, Well that requir:?s extr nsi\rn testing shall be considered completed when the grilling rig is released or six months after reaching total depth, whichever is ater. C' 4r; Comprehensive .`Frilling Plan: means a plan created by on or rnre Operator(s) covering future Oil and Gas Operations in a defined geographic area within a geologic basin. The Plan may (a) identify natural features o� the geog aphic area, including vegetati • n, Wildlife "esources, ano .ther attrifbLtes of the physical environment; (b) describe the Operator's future Oil and Gas perations in the area; (c) identify potential impacts from such operations; (d) develop agred- u pon measures to avoid, minimize, and mitigate the identified potential impacts; and (e) include o ther relevant information. A Comprehensive trilling Plan must be approved by the 1041 Hearing Officr and shall be valid for a period of six (6) months unless extended by the 1041 WO LA Hearing Officer. Container means any portable device in which a hazardous materi I is st:•red, transported, treated, disposed of, • r otherwise handled. Examples include, but are not limited to, drums, Barr s, t tes, carboys, and bottles. Crop Land: means lands which are cultivated, mechanically or manually harvested irrigated for vegetative agricultural production, excluding range land. , or Day: means calendar day. Designated Setback Location: means any Oil and Gas Location upon which any Well or P roduction Facility is or will be situated within, a Buffer Zone Setback (1,000 feet), or a . uilding U nit Setback (500 fet), or within one thousand (1,000) feet of a High Occupancy 3uilding Unit or a DOAA. The measurement for determining any Designated Setback Location shall be the shortest distance between the Oil and Gas Location and the nearest edge or to rner of any Building Unit, nearest edge or corner of any High Occupancy Building Unit, or nearest boundary of any DOAA. Designated Outside Activity Area ("DOAA'): means 1 An outdoor venue or recreation area, such 25 a playground, permanent sports Field, amphitheater, or other similar place •f public assembly owned or .perated by a Local Government, which the Local Government requests to have established as a *OAA; 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 fro m the venue could be impeded in the (vent of an emergency condition at an ail 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. PAGE 8 2019-3247 ORD2010-10 The 1041 WOGLA Hearing Officer shall determine whether to establish a DOAA and, if so, the appropriate boundaries for the DOAA based on the totality of circumstances and consistent with the purposes of this Article V. OGED: means the Weld County Oil and Gas Energy OGED. OGED Director means the Director of the Weld County Oil and Gas Energy OGED. 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. 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 and 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 derived 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 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 underground reservoir is involved; however, "Field," unlike "pool," may relate to two or more pools. 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. PAGE 9 2019-3247 ORD2019-10 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; 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 rocess 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 Locatioi 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 ail and Gas Operations. A segment of pipe transferring only freshwater is not a Flowline. 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 years of the date the School or School Governing Body receives a 1041 WOGLA Permit notice pursuant to Section 21-5-320 B., below. To be considered a Future School Facility, the following requirements must be satisfied: 1. For public, non -charter Schools, the School Governing Body must affirm the nature, timing, and location of the Future School Facility in writing; or PAGE 10 2019-3247 ORD2019-10 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 it receives a 1041 WOGLA Permit notice pursuant to Section 21-5-320 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 21-5-320 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 gas stored in underground formations. The fact that any such Well is used incidentally for the production of native gas or the enhanced recovery of native hydrocarbons shall not affect its status 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 Colorado Oil and Gas Conservation Act ("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. 7234901 may be found at https://www.sos.state.co.us. Groundwater means subsurface waters in a zone of saturation. High Occupancy Building Unit: means 1. Any School, Nursing Facility as defined in Section 25.5-4-103(14), C.R.S., Hospital, Life Care Institutions as defined in Section 12-13-101, C.R.S., or Correctional Facility as defined in Section 17-1-102(1.7), C.R.S., provided the facility or institution regularly serves 50 or more persons; or 2. A licensed operating Child Care Center. 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 a hydraulic fracturing treatment. PAGE 11 2019-3247 ORD2019-10 Hydraulic Fracturing Treatment: means all stages of the treatment of a Well by the application of hydraulic fracturing fluid under pressure that is expressly designed to initiate or propagate fractures in a target geologic formation to enhance production of oil and natural gas. 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. Large UMA Facility: means any Oil and Gas Location proposed to be located in an Urban Mitigation Area and on which: 1. The Operator proposes to drill eight (8) or more new Wells; or 2. The cumulative new and existing on -site storage capacity for produced hydrocarbons exceeds four -thousand (4,000) Barrels. 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. Local Governmental Designee ("LGD'): means the office designated to receive, on behalf of the Local Government, copies of all documents required to be filed with the LGD pursuant to these rules. Mineral Owner means the person who has the right to drill into and produce from a pool and to appropriate the oil or gas produced therefrom either for such Owner or others or for such Owner and others, including Owners of a Well capable of producing oil or gas, or both. Minimize Adverse Impacts: means, wherever reasonably practicable, and taking into consideration cost effectiveness, technical feasibility and the Development Standards set forth in Section 21-5-320 E. and Division 4 of this Article V, to avoid adverse impacts to Wildlife Resources or to the environment, including cumulative impacts where practicable, and minimize the extent and severity of those impacts that cannot be avoided, mitigate the effects of unavoidable remaining impacts, regarding Development Standards and actions and decisions taken to minimize adverse impacts from 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, but are not limited to, revegetation of disturbed areas, mulching, berms, diversion dikes, surface roughening, slope drains, check dams, and other comparable measures. PAGE 12 2019-3247 ORD2019-10 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 E&P Wastes generated from more than one (1) Well that do not constitute a Centralized E&P Waste Management Facility and that will be in use for no more than three (3) years. Multi -Well Site: means a common Well pad from which multiple Wells may be drilled to various bottom -hole locations. Municipal Separate Storm Sewer System (MS4): means an area defined by the Federal Environmental Protection Agency (EPA) in 40 CFR 122 as defined in Chapter 8, Article IX of this Code. Non -Crop Land: means all lands which are not defined as Crop Land, including range land. Oil and Gas Facility: means equipment or improvements used or installed at an Oil and Gas Location for the exploration, production, withdrawal, treatment, or processing of crude oil, condensate, E&P Waste, or gas; excluding Pipeline - natural gas and Pipeline - 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. 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. Oil and Gas Operations: means exploration for and extraction of oil and gas, including, but not limited to, conducting seismic operations and the drilling of test bores; siting, drilling, deepening, recompleting, reworking, or abandoning a Well; producing operations related to any Well, including installing Flowlines; the generating, transporting, storing, treating, or disposing exploration and production wastes; and any constructing, site preparing, or reclaiming activities associated with such operations. Oil Well: means a Well, the principal production of which at the mouth of the Well is oil, as defined by the Act. Operator means any person who exercises the right to control the conduct of Oil and Gas Operations. An Operator may be an Applicant for a 1041 WOGLA Permit. The Operator may be referred to herein as the "1041 WOGLA Permittee." Pipeline, for this Article V, means a Flowline, crude oil transfer line or Gathering Line as defined herein. Pit: means any natural or man-made depression in the ground used for oil or gas exploration or production purposes. Pit does not include steel, fiberglass, concrete or other similar vessels which do not Release their contents to surrounding soils. Plugging and Abandonment (P&A): means the cementing of a Well, the removal of its associated production facilities, the abandonment of its Flowline(s), and the Remediation and Reclamation of the wellsite. PAGE 13 2019-3247 ORD2019-10 Point of Compliance: means one or more points or locations at which compliance with applicable Groundwater standards established under Water * utility Control Commission Basic Standards for Groundwater, Section 3.11.4, must be achieved. Pollution: means man-made or man -induced contamination or other degradation of the physical, Chemical, biological, or radiological integrity of air, water, soil, or biological resource. Production Facility: means any storage, separation, treating, dehydration, artificial lift, power supply, c•,mpression, pumping, metering, monitoring, lone; and other equipment directly associated with a Well. Proppant: means sand • r any natural or man-made material that is used in a hydraulic fracturing treatment to prop open the artificially created or enhanced fractures once the treatment is completed. 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 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, which are used primarily in connection with such system. The definition of "Public Water System" does not include any "special irrigation district," as defined in Colorado Primary Drinking Water Regulations (5 C.C.R. 1003.1). Reclamation: means the process of returning or restoring the surface of disturbed land as 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 "eclamation; or (2) another location that is u ndisturbed by Oil and Gas Operations and proximate and similar to a proposed Oil and Gas L•cation in terms of vegetative potential and management, owned by a person who agrees to allow periodic access to it by the 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 c• ntarninants in water or soul to the extent recessary to ensure compliance with the concentration levels in Appendix 21-A and other applicable ground water standards and classifications. 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. PAGE 14 2019-3247 O 2019-10 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. Responsible Party: means an owner or operator who conducts an oil and gas operation in a manner which is in contravention of any then -applicable provision of the Act, or of any rule, regulation, or order of the Commission, or of any permit, that threatens to cause, or actually causes, a significant adverse environmental impact to any air, water, soil, or biological resource. RESPONSIBLE PARTY includes any person who disposes of any other waste by mixing it with exploration and production waste so as to threaten to cause, or actually cause, a significant adverse environmental impact to any air, water, soil, or biological resource. Restricted Surface Occupancy Area: means the wildlife habitat areas in Weld County shown in Appendix VII to the COGCC Rules. Any changes to Restricted Surface Occupancy Areas shall not affect 1041 WOGLA Permits approved prior to the effective date of any changes to said Appendix VII. Riser means the component of a Flowline transitioning from below grade to above grade. School: means any operating Public School as defined in Section 22-7-703(4), C.R.S., including any Charter School as defined in Section 22-30.5-103(2), C.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 any discrete facility or area, whether indoor or outdoor, associated with a School, that students use commonly as part of their curriculum or extracurricular activities. A School Facility is either adjacent to or owned by the School or School Governing Body, and the School or School Governing Body has the legal right to use the School Facility at its discretion. The definition includes Future School Facility. School Governing Body: means the School district board or board of directors for public Schools or the board of trustees, board of directors, or any other body or person charged with administering a private School or group of private Schools, or any -body or person responsible for administering or operating a Child Care Center. A School Governing Body may delegate its rights under these rules, in writing, to a superintendent or other staff member, or to a principal or senior administrator of a School that is in proximity to the proposed Oil and Gas Location. PAGE 15 2019-3247 ORD2019-10 Sensitive Area: means an area vulnerable to potential significant adverse Groundwater impacts, due to factors such as the presence of shallow Grundwater or pathways for communication with deeper Groundwter; proximity t. surface water, including lakes, rivers, perennial or intermittent streams, creeks, irrigation canals, and wetlands. Additionally, areas classified for domestic use by the Colorado Water Quality Control Commission, local (water supply) wellhead protection areas, areas within one -eighth (1/8) mile of a domestic water Well, areas within one -quarter (1/4) mile of a public water supply Well, ground water basins designated by the Colorado Ground Water Commission, and surface water supply areas are Sensitive Areas. When the Operator or OGED Director has data that indicate an impact or threat of impact to ground water or surface water, the OGED Director may require the Operator to make a Sensitive Area determination and that determinatin shall be subject to the OGED Director's approval. The Sensitive Area determination shall be made using appropriate geologic and hydrogeologic data to evaluate the ptential for impact to ground water and surface water, such as soil borings, monitoring Wells, or percolation tests that demonstrate that seepage will not reach underlying ground water or Waters of the State and impact current or future uses of these waters. Operators shall submit data evaluated and analysis used in the determination to the OGED Director. Operations in Sensitive Areas shall incorporate adequate measures and controls to prevent significant adverse environmental impacts and ensure compliance with the concentration levels in Appendix 21-A, with consideration to WQCC standards and classifications. Sensitive Wildlife Habitat: means the wildlife habitat areas in Weld County shown in Appendix VIII to the CO CC Rules. Any changes to Restricted Surface Occupancy Areas shall not affect 1041 WOGLA Permits approved prior to the effective date of any changes to said Appendix VIII to the COGCC .mules. Solid Waste: means any garbage, refuse, sludge from a waste treatment plant, water supply plant, air pollution control facility, or other discarded material; including solid, liquid, semisolid, or contained gaseous material resulting from industrial operations, commercial operations, or community activities. Solid Waste d•es not include any solid or dissolved materials in domestic sewage, or agricultural astes, or solid or dissolved materials in irrigation return flows, or industrial discharges which are point sources subject to permits under the provisions of the Colorado Water Quality Control Act, Title 25, Article 8, C.R.S. or materials handled at facilities licensed pursuant to the provisions on radiation control in Title 25, Article 11, C.R.S. Solid Waste does not include: (a) materials handled at facilities licensed pursuant to the provisions on radiation control in Title 25, Article 11, C.R.S.; (b) excluded scrap metal that is being recycled; or (c) shredded circuit boards that are being recycled. Solid Waste Disposal: means the storage, treatment, utilization, processing, or final dispos I of Solid Wastes. Special Purpose Pits: means Pits used in ;-i1 and Gas Operations, including Pits related to produced water Flowlines or associated with ESP Waste from gas gathering, processing and storage facilities, which constitute: 1. Blowdown Pits used to collect material resulting from, including but not limited to, the emptying or depressurizing of Wells, vessels, or Flowlines, or E&P Waste from gathering systems. 2. Flare Pits used exclusively for flaring gas. PAGE 16 2019-3247 ORD2019-10 3. Emergency Pits used to contain liquids during an initial phase of emergency response operations related to a Spill/Release or process upset conditions. 4. Basic Sediment/Tank Bottom Pits used to temporarily store or treat the extraneous materials in crude oil which may settle to the bottoms of Tanks or production vessels and which may contain residual oil. 5. Workover Pits used to contain liquids during the performance of remedial operations on a producing Well to increase production. 6. Plugging Pits used for containment of fluids encountered during the plugging process. Spill: means any unauthorized sudden discharge of E&P Waste to the environment. 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 owning all or part 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 binding on the Operator, including any lease, damage agreement, waiver, Local Government approval or permit, or other form of agreement, which governs the Operator'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 M a p Tank: means a stationary vessel constructed of non -earthen materials (e.g concrete, steel, plastic) that provides structural support and is designed and operated to store produced fluids or E&P Waste. Examples include, but are not limited to, condensate Tanks, crude oil Tanks, produced water Tanks, and gun Barrels. Exclusions include Containers and process vessels such as separators, heater treaters, free water knockouts, and slug catchers. PAGE 17 2019-3247 ORD2019-10 Urban Mitigation Area ("UMA",): means an area where: (A) At least twenty-two (22) guilding Units or ore (1) High Occupancy Building Unit (existing or under construction) are located within a one-thusano (1,000) foot radius of the proposed Oil and C as Location; or (') ,t least eleven (11) :uilding Units or one (1) High Occupancy Building Unit (existing or under construction) are located within ny semi -circle of the one -thousand (1,000) foot radius mentioned in subsection (A) above. Use: means any purpose for which a structure or a tract of land may be d signed, 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 lane Waters of the U.S.: means waters pursuant to F Federal Clean Water Act. deral regulations enacted pursuant to the ell, when used a➢one in these regulations, means an oil or Jas Well, tii hole drilled for the purpose of producing oil or gas, a Well into which fluids are injected, a Stratigraphic Well, a Gas Storage Well, 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 ;3ffe ctec by production facilities directly associated with, any Oil Well, Gas Well, or injection Wall and its associated Well pad. Wildcat (Exploratory) Well: means any Well drilled beyond the known producing limits of a ool. p Wildlife Resources: means fish, wildlife, and their aquatic and terrestrial habitats. All Other Words used herein shah b. given their usu I 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. Applic biRty an• Gener I Rul -ts. A. A Weld Oil and Gras Location Ass:--ssme It pursuant to this Chapter ("1041 W•GLA") requires additional consideration to ensure the Oil and Gas Facility and Oil and Gas Locution are developed in a manner that complies with various Development Standards set forth in Section 21-5-320 E. and Division 4 of this Article V and provides compatibility with uses located within ne-thousand (1,000) feet of the Oil and Gas Location (including School Facilities and ;Mild Care Centers within one -thousand three -hundred twenty (1,320) feet of the Oil and Gas ©cation). The 1041 WOGLA Permit is designed to protect and promote Weld County's environment and wildlife and the health, safety, and welfare of the present and future residents of the County. B. A 1041 WOGLA Permit is required after August 5, 2019, for the construction of oil and gas facilities in all zone districts. All existing approved or pending W GLA's as of August 5, 2019, are rot subject to the new regulations set forth in 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 21-5-350 of this Article V or following appeal to the Board of County Commissioners pursuant to Section 2-4-10 of this Code. This applies to: OD J PAGE 18 2019-3247 RD2019-10 1. Any new Oil and Gas Location, meaning surface disturbance at a previously undisturbed site 2. Surface disturbance for purposes of modifying or expanding an existing Oil and Gas Location; and 3. The addition of a Well or a Pit, except an emergency Pit or a flare Pit where there is no risk of condensate accumulation, to any existing Oil and Gas Location. D. The Department of Planning Services shall not issue a building permit for any Oil and Gas Facility in any zone district until a 1041 WOGLA Permit has been granted. E. No 1041 WOGLA Permit 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. 2. Routine Well operations, including, but not limited to, swabbing, workovers, refracs, recompletions and normal repairs and maintenance of an existing Oil and Gas Facility. 3. Surface disturbance at an existing Oil and Gas Location within the original disturbed area which does not have the effect of modifying or expanding the Oil and Gas Facility or the Oil and Gas Location. 4. Repairs or maintenance of an Oil and Gas Facility required by a state or federal compliance order. 5. Facilities perrni ted,_constructer, operated and maintained pursuant to Cnapter 23z 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. F. Any person or an Operator filing an application for a 1041 WOGLA Permit shall comply with the procedures and regulations set forth in this Article IV. G. Any person or an 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 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 OGED Director may require an Applicant to submit an Improvements Agreement for the construction of required improvements to mitigate impacts caused by the Oil and Gas Facility. The Improvements Agreement shall be made in conformance with the County policy for improvements and agreements and must be approved by the Board of County Commissioners prior to operation. PAGE 19 2019-3247 ORD2019-10 J. The review, consideration and issuance of a 1041 WOGLA 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 extraction 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. K. Information regarding the status of or facts and circumstances regarding an approved 1041 WOGLA Permit, including any desired changes or modifications, may be transmitted by a 1041 WOGLA Permittee to the OGED Director via electronic means. Sec. 21-5-40. Relationship of 1041 WOGLA Regulations to other county, state, and federal requirements affecting oil and gas exploration and extraction. A. Nothing in these 1041 WOGLA Regulations shall be construed 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 WOGLA 1041 Regulations are written, in part, according to the authority granted exclusively to Local Governments in Subsections 29-20- 104(1)(g) and (1)(h), C.R.S., and are intended to address the following areas and topics regarding oil and gas exploration and extraction 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; 5. Financial securities, indemnification, and insurance as appropriate to ensure compliance with these 1041 WOGLA Regulations; 6. All other nuisance -type effects of oil and gas development addressed in these 1041 WOGLA Regulations; and 7. Otherwise planning for and regulating the use of land so as to provide planned and orderly use of land and protection of the environment in a manner consistent with constitutional rights. Because these 1041 WOGLA Regulations are written pursuant to the authorities granted to Weld County in the AASIA and specifically the express authorities set forth in Sections 24-65.1-202 and 24-65.1-402, C.R.S., to adopt guidelines and regulations governing oil and gas exploration and extraction in Weld County, to the extent these 1041 WOGLA Regulations are inconsistent with the regulations of the COGCC regarding any of the areas and topics regarding oil and gas exploration and extraction in Weld County listed above, these 1041 WOGLA Regulations control. PAGE 20 2019-3247 ORD2019-10 C. Pursuant to Section 34-60-131, C.R.S., it is the intent of the Board of County Commissioners t0 regulate oil and g,s exploration and extraction in Weld County cooperatively with the COGCC, deferring regulation of the areas and topics regarding oil and gas exploration and extraction not addressed in these 1041 WOGLA Regulations to the COGCC. vision 2 — Designation of area ;,f state interest Scm 21-5-200O ►`esignatoon of the entire unoncr4 ®rated ar resurce (t ii and gas) area of state interest eid Co ty sa rai The Board of C unty Commissioners, having considered the intensity of current and foreseeable development pressures; the Guidelines and Criteria for Identification and Land -Use Controls of Geologic Hazard and Mineral Resource Areas, Special Publication 06, Colorado Geological Survey / Dept. of Natural Resources / Denver, Colorado / 1974; the guidelines set forth in Section 24-65.1-202, C.R.S.; and the provisions and requirements of these 1041 WOGLA Regulations, hereby orders that the designation of the entire unincorporated area of Weld County as a minerI resource (oil and gas) area of state interest [the Weld Mineral Resource (Oil and Gas) Area] made by the Board on June 10, 2019, is hereby ratified and confirmed and that this activity shall be regulated pursuant to the provisions of this Chapter. Sec. 21-5-21 }m oundaries of area ceovered by designation. The entire unincorporated area of Weld County has been designated as a mineral resource (oil and gas) area and the exploration and extraction of oil and gas within the area shall be subject to this designation and these 1041 WOGLA Regulations. Secs 21-5-220 Reass ns for esi bon. 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 protects the health, safety and welfare of Weld County's community and environment; B. To ensure coordination and compatibility of the often competing uses of oil and gas exploration and extraction and agriculture; C. To adequately plan for and properly mitigate the encroachment of residential development upon Oil and Gas Operations; and D. To have local oversight in Land Use planning decisions regarding oil and gas exploration and extraction in Weld County. Sec. 1-5-23oe No moratorium. It is the intent of the Board of County Commissioners that no moratorium as referred to in Section 24-65.1-404 (4), C.R.S., shall be in place during the reading process of this Code amendment. Instead, during the reading process the current WOGLA rules set forth in Division 10, Article 2 of Chapter 23 of this Code shall be in effect until the effective date of this Code amendment. PAGE 21 2019-3247 ORD2019-10 Division 3 — 1 u 41 the Wei mere& Sec. 21-5-3 0. GLA Permit Pr,�r esource (Oil and hu m e o v in I es • u r1c e( H 1�[ for I an G on exploration or extract y E a : ploration and Extractlo of ail nj+ , }as within th 1 Gas)Area without 1041 `dav,lOGL e rm i to A. N person may explore or extract 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. E. 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 having obtained a 1041 WOGLA Permit pursuant to these 1041 WOGLA Regulations. Sec. 21-5-310. Procedural require,-. ; `}nts. t The procedures concerning permit applications, notice, and conduct of 1041 WOGLA Permit hearings, review of Board of County Commissioners decisions and issuance and content of permits for exploration or extraction of oil and gas within the Weld Mineral Resource (Oil and Gas) Area shall comply with the provisions set forth in this Article V. ecm 21-5-320. Application requirements fa= r 1 <<41 WOG LA Permit. A 1041 WOGLA Permit application shall be submitted t OGED for processing and determination of whether the application is complete and in compliance with the requirements of this Section. Upon the Applicant's or OGED Director's request, made either before or after the submittal of the application, there may be an application meeting between the Applicant and OGED, which may be accomplished through a face-to-face meeting, electronic mail exchange, or conference call, as determined by OGED. The purpose of the application meeting is to give the Applicant an opportunity to demonstrate, through written and graphic information, how the Oil and Gas Facility complies with the standards set forth in this Section. The following supporting documents shall be submitted as a pad of the application: A. An application for a 1041 WOGLA Permit on a form supplied by OGED. The application shall include the following: 1. The name, address, and telephone number of the Applicant. 2. Legal description of the Oil and Gas Location under consideration. 3. Total acreage of the Oil and Gas Location. 4. Existing Land Use of the property where the Oil and Gas Facility will be located. 5. Present zone and overlay zones, if appropriate. 6. finalized list of the Oil and Gas Facility components. 7. Signature of the Applicant. PAGE 22 2019-3247 ORD2019-10 B. Certification that a 1041 WOGLA Permit pre -application notice has been delivered to the owner(s) of :wilding Units located wi:rin one -thousand (1,000) feet or less of the Oil and Gas Location; to the Local Governments whose boundaries are within one -thousand (1,000) feet o r less of the Oil and Gas Location; and to the School Governing Body of any School Facility o r Future School Facility, or Child Care Center within ont-thousand three -hundred twenty (1,320) feet or less from the Oil and G Location. Such notice shall comply with the fano\A,ing: The 1041 WOGLA Permit pre -application notice shall be delivered by the Applicant to the following parties: the Surface Owner; Building Unit owners located within one -thousand (1,000) feet of the Oil and Gas Location (as determined by Weld County Assessors record at the time of notice); the Weld County GD and the L D's for Local Governments locted within o ne -thousand (1,000) feet or less of the Oil and Gas Location; and the principal or senior administrator, and School Governing tody of ;any School Facility .r Future School Facility, or hild Care Center located within one -thousand three -hundred twenty (1,320) feet or less from the Oil and Gas Location. Delivery of the 1041 WOGLA Permit pre -application notice shall o ccur not more than six (6) months nor less than thirty (30) days prior to submitting a 1041 WOGLA Permit application. The 1041 WOGLA Permit notice shall include the following information: 1. The location and a general description of the proposed oil and gas facilities. 2. The anticipated date operations will commence (by calendar quarter and year). 3. A "notification zone" drawing showing the names and addresses of the Building Unit owners, School Governing Body of any School Facility or Future School Facility, Child Care Centers and Local Governments whose properties or jurisdictional boundaries are located within one -thousand three -hundred twenty (1,320) feet of the ail and Gas Location. 4. A proposed access map, including off -site haul route(s). The haul route map shall show the proposed route back to the nearest County designated collector or arterial roadway, or nearest highway. 5. drawing showing the Oil and Gas Facility and disturbed areas. The drawing shall be a scaled drawing, or scaled aerial photograph showing the approximate outline .f the Oil and Gas Location and all Wells and/or production facilities used for measuring distances shall be attached. Thdrawing shall include all visible improvements within one - thousand three -hundred twenty (1,320) feet of the proposed Oil :Ind Gas Location, with a horizontal distance and approximate bearing from the Oil and Gas Facilities. Visible improvements shall include, but not be limited to, all buildings and properties, publicly maintained roads and trails, fences, above -ground utility lines, railroads, Pipelines or Pipeline markers, mines, %il We ls, Gas Wells, injection Wells, water wells known to the Operator and those registered with the Colorado State Engineer, known springs, plugged Wells, known sewers with manholes, standing bodies of water, and natural channels, including permanent canals and ditches through which water may flow. If there are n •, visible improvements within ant -thousand three -hundred twenty (1,320) feet of a proposed Oil and Gas ocation, it shall be so noted on the map. The Location Drawing shall also include the proposed access(es) and proposed mitigation measures. PAGE 23 2019-3247 O 802019-10 6. A list of the Oil and Gas Facility components. 7. A statement that the notice recipient may request a meeting to discuss the proposed Oil and Gas Facility by contacting the County or the Operator. 8. Operator and County contact information: a. After notice is received, additional information or proof of notice may be requested by the County. Based on site specific considerations, the County may request that additional parties be included in the notification. b. A Building Unit owner or occupant and LGD for Local Government within one -thousand (1,000) feet, or School Governing Body of any School Facility or Future School Facility, or Child Care Center within one -thousand three -hundred twenty (1,320) feet of a proposed Oil and Gas Location who would be eligible to receive a 1041 WOGLA Permit notice may, through letter delivered to the OGED Director, waive future receipt of such notice(s). 9. 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. To identify foreseeable oil and gas activities in a defined geographic area, facilitate discussions about potential cumulative impacts and identify measures to Minimize Adverse Impacts to public health, safety, welfare, and the environment, including Wildlife Resources, from such activities, Operators are encouraged to initiate and enter into Comprehensive Drilling Plans, where feasible and with the agreement of the involved Surface Owner(s). 10. A topographic map showing all surface waters and riparian areas within one -thousand (1,000) feet of the proposed Oil and Gas Location, with a horizontal distance and approximate bearing from the Oil and Gas Location shall be attached. C. Certification in the application that a SUA or other document, including, but not limited to, a Memorandum of SUA or an affidavit by the Applicant, has been executed by the Operator and the Surface Owner(s) of the property where the Oil and Gas Location will be located, demonstrating that the Operator and Surface Owner have agreed to an Oil and Gas Location. If no SUA or other document is available at the time of applying for the 1041 WOGLA Permit, the Applicant shall proceed with the 1041 WOGLA Permit process and shall provide a statement in the 1041 WOGLA Permit application that it is currently in SUA, or other agreement negotiations, and that it will provide any necessary financial security which may be required by these 1041 WOGLA Regulations. D. A statement which explains that the application complies 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. E. A statement which provides evidence of compliance with the following standards and the Development Standards set forth in Division 4 of this Article V: 1. Oil and gas facilities shall be located to minimize impact on agricultural operations. PAGE 24 2019-3247 ORD2019-10 2. Dust control measures shall be employed as necessary during high traffic periods for both on -site and off -site haul roads, including unpaved county roads when necessary and in consultation with the County's Department of Public Works. 3. Traffic reduction measures shall be employed by Operators when feasible, such as, utilizing fresh water supply Pipelines for Completions and the use of centralized storage facilities and/or transmission of crude oil via Pipeline. 4. Haul routes shall be designated and developed in consultation with the County. Municipalities, with roadways which are part of the haul routes, should be included in such consultation. 5. Liquid and Solid Wastes shall be stored and removed for final disposal in a manner that protects against surface and Groundwater contamination. See applicable Sections of Division 4 of this Article V. 6. The Oil and Gas Facility shall comply with the Stormwater and water quality regulations set forth in Chapter 8 of this Code. 7. Noise from drilling, Completion activities, and production shall comply with the noise limits set forth in Section 21-5-435 of this Article V. 8. Light sources shall be shielded or directed downward, and in a manner to reduce impacts onto adjacent properties and dwellings. See Section 21-5-405 of this Article V. 9. Visual mitigation measures shall be considered and employed when feasible. See Section 21-5-410 of this Article V. 10. Site security measures shall be employed as necessary. 11. The Oil and Gas Facility shall be maintained in such a manner to prevent noxious weeds. See Section 21-5-400 of this Article V. 12. Weight limits. No travel vehicles associated with the 1041 WOGLA Permit may exceed the weight restrictions set forth in Chapter 12, Article III of this Cade for required specifications for pounds=per-axle and axle configurations unless overweight permits have been applied for and granted by the Department of Public Works. 13. If applicable, Right -of -Way (ROW) Permits issued by the Department of Public Works pursuant to Chapter 8 of this Code, are required for any work occurring within County ROW. No work within County ROW shall occur without such ROW Permits being issued. F. An access permit issued by the County's Department of Public Works pursuant to the requirements of Chapter 8 of this Code is required prior to commencement of drilling activities. If the access point is under the jurisdiction of the Colorado Department of Transportation or a Local Government other than Weld County, proof of access granted by such Local Government ("Authority having Jurisdiction" or "AHJ") is required. G. A statement and drawing describing the size and approximate location of all on -location Flowlines and oil and gas lines, and water Pipelines integral to production, and connecting to the Oil and Gas Facility. A GIS map of off -location Flowlines must be provided after construction. PAGE 25 2019-3247 ORD2019-10 H A statement describing the kind of vehicles (type, size, weight) that will access the Oil and Gas Facility during drilling and Completion operations, and a defined access r:ute. This shall include a traffic narrative with the following information: 1. The number of roundtrips/day expected for each vehicle type: passenger cars/pickups, tandem trucks, semi-truck/trailer/RV (Roundtrip=1 trip in and 1 trip out of site). 2. The expected travel routes or haul routes for the site traffic. 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. If the drilling waste (cuttings and fluids) will be disposed of on the Oil and Gas Location, including a statement describing the location and disposal method. I. A certified list containing the names, addresses and the corresponding Parcel Identification Numbers assigned by the County Assessor of Building Unit owners within one -thousand (1,000) feet of the Oil and Gas Location (including School Facilities and Child Care Centers within one -thousand three -hundred twenty (1,320) feet). The source of such list shall be the records of the County Assessor, or an ownership update from a title, abstract company, or attorney derived from such records, or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the Applicant shall certify that such list was assembled within thirty (30) days of the application submission date. J. Where an authorized legal agent signs the application for the Oil and Gas Facility on behalf of the Applicant, evidence of a power of attorney or other authorization for the signature of the legal agent must be provided. If a copy of the SUA is provided with the application, then the SUA fulfills the requirement of providing an authorization form. K. A Road Maintenance Agreement (RMA) or Comprehensive Road Maintenance Agreements are required for a 1041 WOGLA Permit. If applicable, an off -site Improvements Agreement executed by the Applicant in accordance with the County policy and documents for collateral for improvements shall also be required. L. The Applicant shall consult with the Weld County Office of Emergency Management to put together an Emergency Action Plan. M. A statement documenting how the Applicant has performed an analysis of reasonable siting alternatives for the Oil and Gas Facility to determine if the chosen Oil and Gas Location is the least impactful to t -:protect Weld County's environment and wildlife and the health, safety and welfare of Weld County's citizens. N. The following information: 1. Measurements specifying the shortest distance between any Well or 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 boundary of a DSAA, and the nearest public road, above ground utility, railroad, and property line. PAGE 26 2019-3247 ORD2019-10 2. A minimum of four (4) color photographs, one (1) of the staked location from each cardinal direction shall be attached. Each photograph shall be identified by: date taken, Well or location name, and direction of view. 3. A list of major equipment components to be used in conjunction with drilling and operating the Well(s), including all Tanks, Pits, flares, combustion equipment, separators, and other ancillary equipment and a description of any Pipelines for oil, gas, or water. 4. The Natural Resources Conservation Service ("NRCS") soil map unit description for the Oil and Gas Location. 5. For Reclamation purposes, the designation of the current Land Use(s) and Surface Owner's designated final Land Use(s) and basis for setting Reclamation standards. If the final Land Use includes residential, industrial, commercial, or cropland and does not include any other Uses, the Land Use should be indicated and no further information is needed. If the final Land Use includes rangeland, forestry, recreation, or wildlife habitat, then a Reference Area shall be selected and the following information shall be attached: a. A topographic map showing the location of the site, and the location of the Reference Area; and b. Four (4) color photographs of the Reference Area, taken during the growing season of vegetation and facing each cardinal direction. Each photograph shall be identified by date taken, Well or Oil and Gas Location name, and direction of view. Such photographs may be submitted to OGED any time up to twelve (12) months after the granting of the 1041 WOGLA. 6. Where the proposed Oil and Gas Location is for multiple Wells on a single pad, a drawing showing proposed wellbore trajectory with bottom -hole locations shall be attached. 7. A description of any Applicant -proposed BMPs. With the consent of the Surface Owner, this may include mitigation measures contained in a relevant SUA. 8. Designation of whether the proposed Oil and Gas Location is within Sensitive Wildlife Habitat or a Restricted Surface Occupancy Area. 9. An indication if an Army Corps of Engineers permit pursuant to 33 U.S.C.A. Sections 1342 and 1344 of the Water Pollution and Control Act (Section 404 of the federal "Clean Water Act") is required for the construction of an Oil and Gas Location. 10. A map or scaled aerial image depicting the Oil and Gas Location boundary and proposed and existing Wells and production facilities in proximity to any surrounding School Facility or Child Care Center, including distances, and a statement indicating whether the School Governing Body requested consultation and whether, after consultation, the School Governing Body and Operator reached agreement regarding identification of a School Facility or Child Care Center. 11. Construction Layout Drawing. If the Oil and Gas Location disturbance is to occur on lands with a slope ten percent (10%) or greater, or one (1) foot of elevation gain or more in ten (10) foot distance, then the following information shall be attached: a. Construction layout drawing (construction and operation); and PAGE 27 2019-3247 ORD2019-10 b. Location cross-section plot (construction and operation). 12. If the proposed Oil and Gas Location is within one -thousand (1,000) feet of a Building Unit, or within one -thousand three -hundred twenty (1,320) feet of a School Facility, Future School Facility or Day Care Center, the following information shall be attached: a. A Waste Management Plan; and b. Evidence that the Building Unit owners, LGD for Local Government, or School Gcoverning Body of any School Facility or Future School Facility, or Child Care Center received the 1041 WOGLA Permit notice required by Section 21-5-320 B., above. 13. A statement describing who will provide fire protection to the site. 14. A scaled facility layout drawing depicting the location of all existing and proposed new Oil and Gas Facilities covered by the application. O. Such additional information as may be required by OGED, including, but not limited to, additional data as reasonably required by OGED resulting from consultation with the Weld County Department of Public Health and Environment or Colorado Parks and Wildlife. Sec. 21-5-330. OGED revilew of 1041 WOGLA Permit application. OGED 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 by the OGED Director, he or she shall send notice of a hearing for the 1041 WOGLA Permit application before the 1041 WOGLA Hearing Officer to the Surface Owner; to Building Unit owner(s) located within one -thousand three -hundred twenty (1,320) feet or less of the Oil and Gas Location; to the principal or senior administrator, and School Governing Body of any School or Child Care Center within one -thousand three -hundred twenty (1,320) feet or less from the Oil and Gas Location; and to the referral agencies listed below. Such notification shall be mailed first-class by OGED at least thirty-seven (37) days prior to the date of hearing. The OGED Director shall also 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, below. GED shall be responsible for the following: 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 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 the Planning Department. The reviews and comments solicited by the County are intended to provide the County with information about the proposed 1041 WOGLA Permit. 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 three -hundred twenty (1,320) feet of the Oil and Gas Location. PAGE 28 2019-3247 ORD2019-10 2. The Weld County Department of Public Health and Environment. 3. The Weld County Department of Public Works. 4. The Colorado Parks and Wildlife. 5. The COGCC. 6. The appropriate fire district(s). 7. Any irrigation ditch company with irrigation structures of record that are on, or adjacent to, the Oil and Gas Facility. 8. To any other agencies or individuals to whom OGED deems a referral necessary. E. 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, sound Land Use planning practices, comments received from agencies to which the proposal was referred, and the standards contained in Section 21-5-320 E. and Division 4 of this Article V. Such comments shall be provided to the 1041 WOGLA Hearing Officer for consideration as evidence in the hearing. C. Charge a reasonable fee that covers costs incurred by Weld County for OGED review of the application, holding the appropriate hearing, and performing any necessary administrative tasks associated with the issuance of the 1041 WOGLA Permit. Sec. 21-5-340. 1041 WOGLA Hearing. A. Participation in the 1041 WOGLA Hearing. The 1041 WOGLA Permit Applicant and any person or entity who has been granted intervention by the 1041 WOGLA 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 1041 WOGLA Hearing Officer no later than twenty (20) days prior to the 1041 WOGLA Hearing. Application must be on the form included in the 1041 WOGLA Notice of Hearing or on the form provided on the OGED website. Persons who have standing to file an application for intervention are limited to those who have received the 1041 WOGLA Notice of Hearing by First Class Mail or who have demonstrated that 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 of the 1041 WOGLA Hearing; b. Legal address of the person applying for intervenor; c. The date of the application for intervention; d. A general statement of the factual or legal basis for the protest or intervention based on the application for intervention; e. A description of the intended presentation including a list of proposed witnesses; and f. A time estimate to hear the protest or intervention. PAGE 29 2019-3247 ORD2019-10 2. All applications for intervention shall be granted or denied by the 1041 WOGLA Hearing Officer within ten (10) days of their receipt. Such decision shall be communicated to the Applicant for intervention electronically in a manner determined by the 1041 WOGLA Hearing Officer. 3. Any statement provided by a person not granted intervention will be considered a written comment to be included in the 1041 WOGLA Hearing record but not considered by the 1041 WOGLA Hearing Officer as evidence. B. Conduct of 1041 WOGLA Hearing. 1. 1041 WOGLA Hearings shall be conducted informally with minimal technical presentation. The 1041 WOGLA 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 1041 WOGLA Hearing Officer. 3. Postponements of hearings shall not be granted without the showing of necessity by the 1041 WOGLA Hearing party requesting the postponement. A hearing shall not be postponed more than once, unless an unforeseen circumstance prohibits the hearing from occurring. 4. 1041 WOGLA Hearings will be docketed to occur on a weekly basis on days to be determined by the 1041 Hearing Officer. Complete applications whose notice requirements have been met shall be scheduled for hearing on the next available weekly docket. C. Decision of the 1041 WOGLA Hearing Officer. Upon the conclusion of the 1041 WOGLA Hearing, the 1041 WOGLA Hearing Officer shall: 1. Grant the 1041 WOGLA Permit if he or she determines that sufficient evidence exists in the record that the standards set forth in Section 21-5-320 E. and Division 4 of this Article V will be met. 2. Inform the participants of his or her decision. The decision of the 1041 WOGLA Hearing Officer shall be clearly set forth on the bottom of the 1041 WOGLA Permit application. 3. Inform the participants that such decision may be appealed to the Board of County Commissioners pursuant to the appeal procedures set forth in Section 2-4-10 of this Code. D. A motion for reconsideration may be considered by the 1041 WOGLA Hearing Officer in cases where a 1041 WOGLA Permit application has been denied. Such motion must be filed no later than ten (10) days after the applicant 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. PAGE 30 2019-3247 ORD2019-10 D -.E. Pursuant to Section 24-63-101(1)(a), C.S., with the intent to ensure reasonable certainty, stability, and farness in the L1nd Use planning process and in order to stimulate economic growth, secure the reasonable investment -backed expectations of landowners, and foster cooperation between the public y nd private sectors in the area of Land Use planning, the Board of County Commissioners declares and orders that an approved 1041 WOGI A Permit is an approved site specific development plan as that term is defined in Section 23-8- 20 of this Code and in Section 24-68-102(4)(a), C.R.S. Therefore, an approved 1041 WOGLA Permit is a vested property right, as defined in Section 23-8-20, upon the Completion of the notification requirements set forth in Section 23-8-70 of this Cde. Once noticed pursuant to the requirements of Section 23-8-70, the approved 1041 WOGLA Permit cnfers upon the Operator the right to undertake and complete the exploration and extraction of oil and gas in Weld County under the terms and conditions set forth therein, pursuant to Section 24-68-103(1)(c), C.R.S. Sec. 21-5=35. CoHance with 1041 WOGLA standards. r applicant for a 1041 WOGLA shall demonstrate conformance with, and shall continue to meet, the 1041 WOGLA standards approved and ad pted by the County. Noncompliance with the approved 1041 WOGLA standards may be reason for rescission of the 1 041 WOGLA by the oard of County Commissioners. Se 21-5-3 ha % F g Ste` •wr s an t=armination of use. A. Major changes from the approved 1041 WOGLA Permit shall require the approval of a new 1041 WOGLA Permit by the 1041 WOGLA Hearing officer. OGED is responsible for determining whether a major change exists, in which case a new 1041 WOGLA application and processing shall be required. Any other changes shall be filed - ty the OGED in the appr:•.ved 1041 WOGLA Permit file and documented via an OGED sundry notice form. E. Construction pursuant to approval of a 1041 WOGLA shall be commenced, and continual progress made within three (3) years from the date of publication :of announcing the approval of the 1041 WGLA Permit, or the approval shall terminate. The OGED Director may grant an extension f time for 7n additional three (3) years, for good cause siown, upon a written request. Sec. 21-5-370. Rescission procedures. A. If at any time following the approval of a 1041 WO0LA the 'AGED determines that one (1) or more of the 1041 WOGLA standards set forth in Section 21-5-320 E. and Division 4 of this Article V have not been met, the OGED Director shall notify the Operator of the Oil and Gas Facility of the failure to meet the standard(s). The Operator will be given thirty (30) days in which to cure the failure to comply with the siandard(s). If at the end of the thirty (30) days the failure to comply with the standards has not been cured, a hearing shall be scheduled before the Board of County Cmmissioners. B. The Board of County Commissioners shall hold a public hearing to determine if one (1) or more of the 1041 WOGLA standards set forth in Section 21-5-320 E. and Division 4 of this Article V have not been met. Upon such a finding, the Board may rescind the 1041 W,•GL and seek *ny appropriate legal remedies to cease the USE of the Oil and Gas Facility. PAGE 31 2019-3247 ORD2019-10 Sec. 21 =380. Site vestigation, Remediation, and closure. A. General site investigation and Remediation requirements. 1. Sensitive Area Determination. Operators shall complete a Sensitive Area determination in accordance with COGCC Rule 901.e. 2. Sampling and analyses. Sampling and analysis of soil and ground water shall be conducted in accordance with COGCC Rule 318A or 910,- to determine the horizontal and vertical extent of any contamination in excess of the concentrations in Appendix 21-A. 3. Management of E&P Waste. E&P Waste shall be managed in accordance with Section 21-5-450 of this Article V. 4. Pit evacuation. Prior to backfilling and site Reclamation, E&P Waste shall be treated or disposed in accordance with Section 21-5-450 of this Article V. 5. Remediation. Remediation shall be performed in a manner to mitigate, remove, or reduce contamination that exceeds the concentrations in Appendix 21-A in order t0 ensure protection of public health, safety, and welfare, and to prevent and mitigate significant adverse environmental impacts. Soil that does not meet concentrations in Appendix 21-A shall be remediated. Ground water that does not meet concentrations in Appendix 21-A shall oe remediated. 6. Reclamation. Remediation sites shall be reclaimed in accordance with Sections 21-5-545, 21-5-555, and 21-5-560 of this Article V. 7. Surface Owner's desires. Remediation by an Operator shall take into consideration the wishes of the Surface Owner. B. Workplan. Operators shall prepare and submit for prior OGED Director approval a workplan for the following operations and Remediation activities: 1. Unlined Pit closure when required by COGCC Rule 905. 2. Remediation of Spills/Releases in accordance with COGCC Rule 906. 3. Land Treatment of oily waste in accordance with Section 21-5-450 of this Article V. 4. Remediation of impacted ground water in accordance with COGCC Rule 910.b.(4). C. Multiple sites. Remediation of multiple sites may be submitted on a single workplan. D. Closure. 1. Remediation and Reclamation shall be complete upon compliance with the concentrations in Appendix 21-A, or upon compliance with an approved workplan. 2. Notification of completion. Within thirty (30) days after conclusion of site Rr?mediation and Reclamation activities Operators shall provide notification of completion to the OGED Director. PAGE 32 2019-3247 ORD2019-10 E. Release of Financial Assurance. Financial Assurance required by Section 21-5-445 may be held by the OGED Director until the required Remediation of soil and/or ground water impacts is completed in accordance with the approved workplan, or until cleanup goals are met. Sec. 21-5-390. Transferability of 1041 WOGLA Permits. Once issued, 1041 WOGLA Permits are transferable to a new Operator. The new Operator takes subject to all terms and conditions of the 1041 WOGLA Permit and shall be considered the Responsible Party. Within sixty (60) days of transfer, the new Operator shall notify the OGED Director and the Surface Owner in writing of the name, business address, and other contact information of the new Operator. Division 4 — 1041 WOGLA Permit Development standards. Sec. 21-5-400. Weed control. All disturbed areas shall be kept as free of all undesirable plant species designated to be noxious weeds as practicable. Weed control measures shall be conducted in compliance with the Colorado Noxious Weed Act, Sections 35-5.5-101, et seq., C.R.S. If applicable, the 1041 WOGLA Hearing Officer may require a weed control plan. Sec. 21-5-405. Lighting. To the extent practicable, site lighting shall be directed downward and inward and shielded to avoid glare on public roads and Building Units within one thousand three -hundred twenty (1,320) feet. The lumens associated with the site lighting may be limited by the 1041 WOGLA Hearing Officer as a means of providing mitigation. After new lighting has been erected on an Oil and Gas Location, the Operator shall perform an inspection of the boundaries to ensure lights are not impacting nearby Building Units or public roads. Sec. 21-5-410. Visual impact mitigation. Production facilities, regardless of construction date, observable from any public highway shall be painted with uniform, non -contrasting, non -reflective color tones (similar to the Munsell Soil Color Coding System), and with colors matched to but slightly darker than the surrounding landscape. Sec. 21-5-415. Fugitive dust. Operators shall employ practices for control of fugitive dust caused by their operations. 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; and magnesium chloride, water, and silica dust controls when handling sand used in hydraulic fracturing operations. Additional management practices such as road surfacing, wind breaks and barriers, or automation of Wells to reduce truck traffic may also be required if technologically feasible and economically reasonable to minimize fugitive dust emissions. Sec. 21-5-420. Odor. Oil and Gas Operations shall comply with the Colorado Department of Public Health and Environment, Air Quality Control Commission, Regulation No. 2 Odor Emission, 5 C.C.R. 1001- 4, Regulation No. 3 (5 C.C.R. 1001-5), and Section XVII.B.1 (a -c) and Section XII of Regulation No. 7. PAGE 33 2019-3247 ORD2019-10 Sec. 21-5-.1;,25. Production equip, .Kent any:.; perations. In addition to any applicable requirements set forth in this Article V, Operators must comply with the requirements for production equipment and operations set forth in COGCC Rule 805 b. (2). y1 ec. 21-5-430. Well Cm lotions. In addition to any applicable requirements set forth in this Article V, Operators must comply with the requirements for Well Completions set forth in COGCC Rule 805 b. (3). Sec. 211-5®435. N r ise. A. Oil and Gas Operations at any Well Site, Production Facility, or Gas Facility shall comply with the following A Scale maximum permissible noise levels. ZONE 7:00 ammo t Residential/ Agricultural/Rural Commercial Light Industrial Industrial next 7: J 0 p.m. 7:00 p.m. t 55 db(A) 60 db(A) 70 db(A) 80 db(A) * next 7 50 db(A) a. 55 db(A) 65 db(A) 75 db(A) The type of Land Use of the surrounding area shall be determined by the OGED Director. In the hours between 7:00 a.m. and the next 7:00 p.m. the noise levels permitted above may be increased ten (10) dB(A) for a period not to exceed fifteen (15) minutes in any one (1) hour period. The allowable noise level for periodic, impulsive or shrill noises is reduced by five (5) dB (A) from the levels shown. E. Except for an Oil and Gas Location within a Designated Setback Location, operations involving Pipeline or Gas Facility installation or maintenance, the use of a drilling rig, Completion rig, workover rig, or stimulation is subject to the maximum permissible noise levels for Light Industrial Zones. C. In remote locations, where there is no reasonably proximate occupied structure or DOAA, the light industrial standard may be applicable. a Pursuant to inspection or upon receiving a complaint from a nearby property owner regarding noise related to Oil and Gas Operations, OGED shall conduct an onsite investigation and take sound measurements as prescribed herein. E. The following provide guidance for the measurement of A Scale sound levels and assignment of points of compliance for Oil and Gas Operations: PAGE 34 2010-3247 ORD2010-10 1. Sound levels shall be measured three hundred and fifty (350) feet from the noise source. At the request of the complainant, the sound level shall also be measured at a point beyond three hundred fifty (350) feet that the complainant believes is more representative of the noise impact. If an oil and Gas Well Site, Production Facility, or Gas Facility is installed closer than three hundred fifty (350) feet from an existing occupied structure, sound levels shall be measured at a point twenty-five (25) feet from the structure towards the noise source. Noise levels from oil and gas facilities located on surface property owned, leased, or otherwise controlled by the Operator shall be measured at three hundred and fifty (350) feet or at the property line, whichever is greater. In situations where measurement of noise levels at three hundred and fifty (350) feet is impractical or unrepresentative due to topography, the measurement may be taken at a lesser distance and extrapolated to a three -hundred fifty (350) foot equivalent using the following formula: db(A) DISTANCE 2 = db(A) DISTANCE 1 - 20 x log 10 (distance 2/distance 1). 2. Sound level meters shall be equipped with wind screens, and readings shall be taken when the wind velocity at the time and place of measurement is not more than five (5) miles per hour. 3. Sound level measurements shall be taken four (4) feet above ground level. 4. Sound levels shall be determined by averaging minute -by -minute measurements made over a minimum fifteen (15) minute sample duration if practicable. The sample 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). 5. In all sound level measurements, the existing ambient noise level from all other sources in the encompassing environment at the time and place of such sound level measurement shall be considered to determine the contribution to the sound level by the Oil and Gas Operations. F. In situations where the complaint or onsite inspection indicates that low frequency noise is a component of the problem, the OGED Director shall obtain a sound level measurement twenty-five (25) feet from the exterior wall of the residence or occupied structure nearest to the noise source, using a noise meter calibrated to the db(C) scale. If this reading exceeds 65 db(C), 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 consideration and possible action. G. Exhaust from all engines, motors, coolers and other mechanized equipment shall be vented in a direction away from all Building Units. H. All Oil and Gas Facilities with engines or motors which are not electrically operated that are within four hundred (400) feet of Building Units shall be equipped with quiet design mufflers or equivalent. All mufflers shall be properly installed and maintained in proper working order. PAGE 35 2019-3247 ORD2019-10 Sec. 21-5440. P O fl u d o n. The Operator shall take precautions to prevent significant 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, taking into consideration cost- offectiveness and technical feasibility to prevent the unauthorized discharge or disposal of oil, gas, E&P Waste, Chemical substances, trash, discarded equipment or other oil Field waste. Sec. 21S445. Finanda0 Assurance requirements. Prior to drilling or commencing any operations with heavy equipment, an Operator shall provide Financial Assurance to the County in the form of a surety bond or other collateral acceptable to the OGED Director in the amount set forth below to protect Surface Owners who are not parties to a lease, SUA or other relevant agreement with the ; perator from unreasonable crop loss or land damage caused by Oil and Gas •9 pertions. Financial Assurance for Surface Owner protection shall not be rE quired for operations conducted on state lands when bond has been filed with the State 1•ard of Land Commissioners. The Financial Assurance required by this Section shall be in the amount of two thousand dollars ($2,000) per Well for non -irrigated land, or five thousand dollars ($5,000) per Well for irrigated land. In lieu of such individual amounts, peratrs may submit blanket Financial Assurance in the amount of twenty-five thousand dollars ($25,000). Any request for relief pursuant to such Financial Assurance must be granted by the Board of County Commissioners upon application by the Surface Owner. Corrective or remedial action performed by the Operator may be considered by the OGED Director before and as part of any order to execute •n the Financial Assurance provided pursuant to this Section. The Financial Assurance provided pursuant t - this Section is not intended to limit any monetary award for unreasonable crop loss or land damage that cannot be remediated or corrected. Financial Assurance submitted to the OGED Director shall be held for safekeeping by the Clerk to the Board of County Commissioners. Sec. 21-S450. Alan ::ement of ESP Waste. A. General requirements. 1 Operator obligations. Operators shall ensure that E&P Waste is properly stored, handled, transported, treated, recycled, or disposed to prevent threatened or actual significant adverse environmental impacts to air, water, soil or biological resources or to the extent necessary to ensure compliance with the concentration levels listed in Appendix 21-A, with consideratir•-n to ground water standards and classifications. 2. E&P Waste management activities shall be conducted, and facilities constructed and operatcd, to protect the Waters of the U.S. from significant adverse environmental impacts from ESP Waste, except as permitted by applicable laws and regulations. 3. Reuse and recycling. To encourage and promote waste minimization, Operators may propose plans for manging E&P Waste through beneficial use, reuse, and recycling by submitting a written management plan to the OGED Director f •r approval, if applicable. Such plans shall describe, at a minimum, the type(s) of waste, the proposed use of the waste, method of waste treatment, product quality assurance, and shall include a copy of any certificati•n or authorization that may be required by other laws and regulations. The OGED Direct •, may require additional information. PAGE 36 2019-3247 ORD2019-10 B. Waste transportation. 1. E&P Waste, when transported off -site within Colorado for treatment or disposal, shall be transported to facilities authorized by the COGCC Director or permitted waste disposal facilities approved to receive E&P Waste. When transported to facilities outside of Colorado for treatment or disposal, E&P Waste shall be transported to facilities authorized and permitted by the appropriate regulatory agency in the receiving state. 2. Waste generator requirements. Generators of E&P Waste that is transported offsite shall maintain, for not less than five (5) years, copies of each invoice, bill, or ticket and such other records as necessary to document the following requirements: a. The date of the transport; b. The identity of the waste generator; c. The identity of the waste transporter; d. The location of the waste pickup site; e. The type and volume of waste; and f. The name and location of the treatment or disposal site. Such records shall be signed by the transporter, made available for inspection by the OGED Director during normal business hours, and copies thereof shall be furnished to the OGED Director upon request. C. Produced water. 1. Treatment of produced water. Produced water shall be treated prior to placement in a production Pit to prevent crude oil and condensate from entering the Pit. 2. Produced water disposal. Produced water may be disposed as follows: a. Injection into a permitted Class II Well; b. Evaporation/percolation in a properly permitted Pit; c. Disposal at permitted commercial facilities; d. Disposal by road -spreading on lease roads outside Sensitive Areas for produced waters with less than 3,500 mg/I TDS when authorized by the Surface Owner and in accordance with an approved waste management plan. Road -spreading of produced waters shall not impact Waters of the U.S., shall not result in pooling or runoff, and the adjacent soils shall meet the concentration levels in Appendix 21-A. Flowback fluids shall not be used for dust suppression; e. Discharging into Waters of the U.S., in accordance with the Water Quality Control Act and the rules promulgated thereunder and Chapter 8, Article X of this Code. Operators shall provide the Colorado discharge permit number, latitude and longitude coordinates of the discharge outfall, and sources of produced water, and shall include a U.S.G.S. topographic map showing the location of the discharge outfall. PAGE 37 2019-3247 ORD2019-10 Produced water discharged may be put to beneficial use in accordance with applicable state statutes and regulations governing the use and administration of water; or f. Evaporation in a properly lined Pit at a centralized permitted E&P Waste management facility. 3. Produced water reuse and recycling. Produced water may be reused for enhanced recovery, drilling, and other approved uses in a manner consistent with existing water rights and in consideration of water quality standards and classifications established by the WQCC for Waters of the U.S., Chapter 8, Article X of this Code, or any Point of Compliance established by the OGED Director. 4. Mitig;tion. Water produced during operation of an oil or Gas Well may be used to provide an alternative domestic water supply to Surface Owners within the oil or gas Field, in accordance with all applicable laws, including, but not limited to, obtaining the necessary approvals from the WQCD for constructing a new "waterworks," as defined by C.R.S Section25-1-107(1)(X)(II)(A). Any produced water not so used shall be disposed of in accordance with subsection (2) or (3). Providing produced water for domestic use within the meaning of this subsection (4) shall not constitute an admission by the Operator that the Well is dewatering 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 or traded. D. Drilling fluids. 1. Recycling and reuse. Drilling Pit contents may be recycled to another drilling Pit for reuse. 2. Treatment and disposal. Drilling fluids may be treated or disposed as follows: a. Injection into a permitted Class II Well; b. Disposal at a commercial Solid Waste Disposal facility; or c. Land Treatment or Land Application at a centralized permitted E Waste management facility. 3. Additional authorized disposal of water -based bentonitic drilling fluids. Waterbased bentonitic drilling fluids may be disposed as follows: a. Drying and burial in Pits on Non -Crop Land. The resulting concentrations shall not exceed the concentration levels in Appendix 21-A; or b. Land Application as follows: 1. Applicability. Acceptable methods of Land Application include, but are not limited to, Production Facility construction and maintenance, and lease road maintenance. ii. Land Application requirements. The average thickness of waterbased bentonitic drilling fluid waste applied shall be no more than three (3) inches prior to incorporation. The waste shall be applied to prevent ponding or erosion and shall be incorporated as a beneficial amendment into the native soils within ten (10) days of application. The resulting concentrations shall not exceed those in Appendix 21a. PAGE 38 2019-3247 0RD2019-10 iii. Surface Owner approval. Operators shall obtain written authorization from the Surface Owner prior to Land Application of water -based bentonitic drilling fluids. iv. Operator obligations. Operators shall maintain a record of the source, the volume, and the location where the Land Application of the water -based bentonitic drilling fluid occurred. Upon the OGED Director's written request, this information shall be provided within five (5) business days, in a format readily reviewable by the OGED Director. Operators with control and authority over the Wells from which the water - based bentonitic drilling fluid wastes are obtained retain responsibility for the Land Application operation and shall diligently cooperate with the OGED Director in responding to complaints regarding Land Application of water -based bentonitic drilling fluids. v. Approval. Prior approval by the OGED Director is not required for reuse of waterbased bentonitic drilling fluids for Land Application as a soil amendment. E. Oily waste. Oily waste includes those materials containing crude oil, condensate or other E&P Waste, such as soil, frac sand, drilling fluids, and Pit sludge that contain hydrocarbons. Oily waste may be treated or disposed as follows: 1. Disposal at a permitted commercial Solid Waste Disposal facility; 2. Land Treatment onsite; or 3. Land Treatment at a permitted Centralized E&P Waste Management Facility. 4. Land Treatment requirements: a. Remediation In the case of a reportable Spill, Operators shall submit a Site Investigation and Workplan for prior approval by the OGED Director. Treatment shall thereafter be completed in accordance with the approved Workplan. b. Free oil shall be removed from the oily waste prior to Land Treatment. c. Oily waste shall be spread evenly to prevent pooling, ponding, or runoff. d. Contamination of Stormwater Runoff, ground water, or surface water shall be prevented. e. Biodegradation shall be enhanced by disking, tilling, aerating, or addition of nutrients, microbes, water or other amendments, as appropriate. f. Land -treated oily waste incorporated in place or beneficially reused shall not exceed the concentrations in Appendix 21-A. When Land Treatment occurs in an area not being utilized for Oil and Gas Operations, Operators shall obtain prior written Surface Owner approval. When Land Treatment occurs on an approved Oil and Gas Location prior to Completion of interim Reclamation or on the surface disturbance remaining after interim Reclamation, notice shall be provided to the Surface Owner. h. Land Treatment shall be conducted in a manner that does not preclude compliance with Reclamation requirements of this Article V. g. PAGE 39 2019-3247 ORD2019-10 F. Other E&P Waste. Other E&P Waste such as workover fluids, Tank bottoms, pigging wastes from Pipelines, and gas gathering, processing, and storage wastes may be treated or disposed of as follows: 1. Disposal at a permitted commercial Solid Waste Disposal facility; 2. Treatment at a permitted Centralized E&P Waste Management Facility; 3. Injection into a permitted Class II injection Well; or 4. An alternative method proposed in a waste management plan approved by the DPS Director. Sec. 21-5-455. Management of non-E&P Waste. A. Certain wastes generated by oil and gas -related activities are non-E&P Wastes and are not exempt from regulation as solid or hazardous wastes. These wastes need to be properly identified and disposed of in accordance with state and federal regulations. B. Certain wastes generated by oil and gas -related activities can either be E&P Wastes or non- E&P Wastes depending on the circumstances of their generation. The hazardous waste regulations require that a hazardous waste determination be made for any non-E&P Solid Waste. Hazardous wastes require storage, treatment, and disposal practices in accordance with 6 C.C.R. 1007-3. All non-hazardous/non-E&P Wastes are considered Solid Waste which require storage, treatment, and disposal in accordance with 6 C.C.R. 1007-2. Sec. 21-5-460. Pits - general and special rules. Pits used for exploration and production of oil and gas shall comply with COGCC Rules 320, 902, 903, 904, 905, and 911. Sec. 21-5-465. Spills and Releases. Operators shall comply with the rules regarding Spills and Releases set forth in COGCC Rule 906. Sec. 21-5-470. Concentrations and sampling for soil and ground water. Operators shall comply with the rules regarding concentrations and sampling for soil and ground water set forth in COGCC Rule 318A c. and/or Rule 910, if applicable. Sec. 21-5-475. Venting or flaring natural gas. Operators shall comply with the rules regarding venting or flaring natural gas set forth in COGCC Rule 912. Sec. 21-5-480. Dealings with Surface Owners. A. Notice. Unless the following is otherwise addressed in the SUA or Memorandum of SUA, the following notices to the Surface Owner shall occur: 1. Surface Owner Notice. Not less than thirty (30) days in advance of commencement of operations with heavy equipment for the drilling of a Well, Operators shall provide the to the Surface Owner a Notice stating: a. The Operator's name and contact information for the Operator or its agent; PAGE 40 2019-3247 ORD2019-10 b. A site diagram or plat of the proposed Well location and any associated roads and production facilities; c. The date operations with heavy equipment are expected to commence; and d. The name and contact information for the Weld County LGD. The Surface Owner 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. Notice of subsequent Well operations. An Operator shall provide to the Surface Owner or agent at least seven (7) 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. Notice during irrigation season. If a Well is to be drilled on irrigated Crop Lands between March 1 and October 31, the Operator shall contact the Surface Owner or agent at least fourteen (14) days prior to commencement of operations with heavy equipment to coordinate drilling operations to avoid unreasonable interference with irrigation plans and activities. 4. Final Reclamation notice. 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. Such notice is required only where final Reclamation operations commence more than thirty (30) days after the Completion of a Well. 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 (or appointed agent) 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. 5. Tenants. With respect to the notices listed in this Section, it shall be the responsibility of the notified Surface Owner to give notice of the proposed operation to the tenant farmer, lessee, or other party that may own or have an interest in any crops or surface improvements that could be affected by such proposed operation. 6. Waiver. Any of the notices required in this Section 21-5-480 may be waived in writing by the Surface Owner, its agent, or, provided that a waiver by a Surface Owner or its agent 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. B. Location signage. The Operator shall, concurrent with the Surface Owner Notice, post a sign not less than two -feet by two -feet at the intersection of the lease road and the public road providing access to the Well Site, with the name of the proposed Well, the legal location thereof, and the estimated date of commencement. Such sign shall be maintained until Completion operations at the Well are concluded. PAGE 41 2019-3247 ORD2019-10 Sec. 21-5485. Setbacks. A. Wells. 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 1041 WOGLA Hearing'fficer 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). B. Building Unit Setback: N Well or Production Facility within five hundred (500) feet or less from a uilding 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 approved by the 1041 WOGLA Hearing Officer. Alternatively, the 1041 OGL, {. Hearing Officer may approve an exception by determining that potential locations outside the 500-f•,ot setback are technically infeasible or economically impracticable and sufficient mitigation measures (including, but not limited to, MP's) will b? employed to protect public health, safety and welfare. C. High Occupancy Building Unit: No Well or Production Facility within one -thousand (1,000) feet or less from a High Occupancy Building Unit. D. D signated Outside Activity Area ("DOAA"): No '',`ell or Production Facility within one - thousand (1,000) feet or less from the boundary of a DOAA. E. School Facility and Child Care Center Setback: No Well or Production Facility within one - thousand (1,000) feet or less from a School Facility or Child Care Center, unless the relevant School Governing Body agrees in writing to the location of the proposed Well or Production Facility. F. Existing Oil end Gas Loctions. Where the Oil and Gas Location is located within a Designated Setback Location solely as , result of Building Units being constructed after the Oil and Gas Location was constructed, the Director may grant an exception to setbacks when a Well or Production Facility is proposed to be added to an existing or approved Oil and Gas Q ocation if the OGI _ © Director 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 areas within these setbacks are known as the "Designated Setback Location." f-il and Gas Locations within the Designated Setback Location may occur if the 1041 WOGLA Hearing fficer is satisfied that the perat•,r will employ specific mitigation measures sufficient to eliminate, minimize or mitigate potential adverse impacts to public health, safety, welfare, the environment, and wildlife to the maximum extent technically feasible and economically practicable. Such mitigation measures shall be a condition of approval of the 1041 WOGLA Permit. PAGE 42 2019-3247 ORD2019-10 H. For a School Facility or child care center, the 1 041 WGLA Hearing officer may allow a Well or Production Facility within one -thousand three -hundred twenty (1,320) feet or less if he or she determines that potential locations outside the applicable setback are technically infeasible or economically impracticablt and sufficient mitigation measures are in place to protect public health, safety, and welfarThe measurement for determining any Designated Setback Location shall be the sh rt Est distance between any existing or proposed Well or Production Facility on the Oil and Gas Locatin and the nearest edge or corner of any Building Unit, nearest edge or corner of any High occupancy wilding Unit, sch:ol Facility, or nearest boundary of any DOAA. I Surface development pursuant t•. a SUA or site specific dev& pment plan. A Surface Owner or Building Unit acvner 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 to a valid SU,I, or site specific level • pment pl n (as defined in section 24-68- 102(4)(a), C.R.S., that st.blishes vested property rights s defined in `Joction 24-03-103, C.R.S.) that expressly governs the location of Wells or production facilities on the surface estate. Sec. 21 -5-490. Mitigation measures in Designated Setback Locations. The following requirements apply to Oil and Gas Locations within Designated Setback Locations: A. Encro:chirig development. ,gi=n Operator is not responsible for mitigation measures in areas where encr aching dev :lopsn-nt has entered a designated setback for the permitted Oil Lind Gas Location following the issuance of a 1041 WOGLA Permit. signated Setback Locations. In addition to the mitigation measures agreed to between the porator and the persons or entities noticed pursuant to Section 21-5-320 B. f this Article V, the following mitigation measures shall apply in Designated Setback Locations: 1. Noise. Operations involving Pipeline or Gas Facility installation or maintenance, or the use . a drilling rig, are subject to the maximum permissible noise levels for the Light Industrial Zone, as measured at the nearest Building Unit. Short-term increases shall be allowable as described in sectin 21-5-435 of this Article V. I 2 operators shall comply with the requirements set forth in COGCC Rule 604 c. (2) B. (closed loop drilling systems — Pit restrictions), Rule 604 c. (2) C. (green Completions — emission control systems), Rule 604 c. (2) E. (multi -Well pads), Rule 604 c. (2) F. (leak detection plan), Rule 604 c. (2) G. (berm construction), Rule 604 c. (2) H. (BORE), Rule 604 c. (2) I. (BOPE testing for drilling operations), Rule 604 c. (2) J. (BOPE for \i/ ell servicing operations), Rule 604 c. (2) K. (Pit level indicators), Rule 604 c. (2) L. (drill stem tests), Rule c. (2) M. (fencing requirements), Rule 604 c. (2) N. (control f fire hazards), Rule 604 c. (2) O. (loadlines), awIe 604 c. (2) P. (removal of surface trash), Rule 604 c. (2) . (guy line anchors), Rule 604 c. (2) R. (Tank specifications), Rule 604 c. (2) S. (access reds), Rule 604 c. (2) T. (Well Site cleared), Rule 604 c. (2) U. (identification of plugged and abandled Wells), Rule 604 c. (2) V. (development of existing Well pads). C. Building Unit Setback. In addition to all items listed in section 21-5-490 B., above, the following berm construction shall be required within the Building Unit Setback: PAGE 43 2019-3247 OR®2019-10 1. Containment berms shall be constructed of steel rings, designed and installed to prevent leakage and resist degradation from erosion or routine operation. 2. Secondary containment areas for Tanks shall be constructed with a synthetic . or engineered liner that contains all primary containment vessels and Flowlines and is mechanically connected to the steel ring to prevent leakage. 3. For locations within five hundred (500) feet and upgradient of a surface water body, tertiary containment, such as an earthen berm, is required around Production Facilities. 4. In an Urban Mitigation Area, no more than two (2) crude oil or condensate storage Tanks shall be located within a single berm. D. Large UMA Facilities. In addition to all items listed in Section 21-5-490 C., above, the following mitigation measures will be required for all Large UMA Facilities: 1. Required BMPs. a. Fire, explosion, chemical, and toxic emission hazards, including lightning strike haz girds. Fluid leak detection, repair, reporting, and record keeping for all above and below ground on -site fluid handling, storage, and transportation equipment. b. Automated Well shut in control measures to prevent gas venting during emission control system failures or other upset conditions. c. Zero flaring or venting of gas upon completion of flowback, excepting upset or emergency conditions, or with prior written approval from the Director for necessary maintenance operations. d. Storage Tank pressure and fluid management. e. Proppant dust control. 2. Site specific mitigation measures to address the specific concerns of persons who received a 1041 WOGLA notice, as determined by the 1041 WOGLA Hearing Officer. c. 21-5-495® Safety requirements. Operators shall comply with the safety rules set forth in cGcc Rules 603 b., 603 c., 603 d., and 603 e. eca 21-5-50 e Floodplaln requirements. An Operator 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. Seca 21-5-505. Stu r water managment. As part of the application for a 1041 WOGLA Permit, an Operator must apply for, be granted and comply with applicable required Stormwater management and discharge permits required pursuant to Chapter 8 of this Code. PAGE 44 2019-3247 ORD2019-10 Sec. 21-5-510. Equipment, weeds, waste, and trash management requirements. All locations, including Wells and surface production facilities, shall be kept free of the following: equipment, vehicles, and supplies not necessary for use on that lease; weeds; rubbish, and other waste material. The burning or burial of such material on the premises shall be performed in accordance with applicable local, state, or federal Solid Waste Disposal regulations and must be approved by the WCDPHE before burning begins. In addition, material may be burned or buried on the premises only with the prior written consent of the Surface Owner. Sec. 21-5-515. Equipment anchoring requirements. All equipment at drilling and production sites 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. 21-5-520. Buffer Zone move -in, rig -up ("MIRU") notice. At least 30 days, but no more than 90 days, before the move -in, rig -up ("MIRU") of a drilling rig, the Operator shall provide MIRU Notice to all Building Unit owners within the Buffer Zone if: (i) it has been more than one year since the previous notice or since drilling activity last occurred, or (ii) notice was not previously required. A. Weld County Assessor records may be used to identify the persons entitled to MIRU Notice. MIRU Notice shall be delivered by hand; certified mail, with return -receipt requested; electronic mail, with return receipt requested; or by other delivery service with receipt confirmation. B. The MIRU Notice must include: 1. A statement informing the Building Unit owner that the Operator intends to MIRU a drilling rig to drill Wells within one -thousand (1,000) feet of their Building Unit; 2. The Operator's contact information; 3. The location of the proposed Wells (Quarter -Quarter, Section, Township, Range, County); 4. The approximate street address of the proposed Well locations (Street Number, Name, City); 5. The name and number of the proposed Wells, including the WOGLA permit number; 6. The anticipated date (Day, Month, Year) the drilling rig will MIRU; and 7. The Weld County LGD's address and telephone number. C. A Building Unit owner entitled to receive MIRU Notice may waive their right in writing at any time. PAGE 45 2019-3247 ORD2019-10 Sec. 21-5-52 Protection of Wildlife Res ..urcesm A. The 1041 WOGLA Hearing Officer shall determine whether conditions of approval are necessary to Minimize Adverse Impacts from the proposed Oil and Gas Operations in the identified Sensitive Wildlife Habitat or Restricted Surface Occupancy Area. For purpses 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; and 4. Take into consideration cost-effectiveness and technical feasibility regarding actions taken and decisions made to Minimize Adverse Impacts to Wildlife Resources. B. In selecting conditions of approval from such BMPs or other sources, the 1041 WOGLA Hearing Officer shall consider the following factors, among other considerations: 1. The BMPs for the producing geologic basin in which the Oil and Gas Location is situated; 2. Site -specific and species -specific factors of the proposed new Oil and Gas Location; 3. Anticipated direct and indirect effects of the proposed Oil and Gas Location on Wildlife Resources; 4. The extent to which conditions of approval will oromote the use of existing facilities and reduction of new surface disturbance; 5. The extent t- which legally accessible, technologically feasible, and economically practicable alternative sites exist for the proposed new Oil and Gas Location; 6. The extent to which the proposed Oil and Gas Operations will use technology and practices which are protective of the environment and Wildlife Resources; 7. The extent to which the proposed Oil and Gas Location minimizes surface disturbance and habitat fragmentation; 8. The extent to which the proposed Oil and Gas Location is within Land Used for residential, industrial, commercial, agricultural, or other purposes, and the existing disturbance associated with such use. Sec. 21-5-530. Other general operating requirements regarding wildlife protection. Subject to exception by the OGED Director for site specific reasons and ::MPs, the operating requirements identified below shall apply in all areas. A. To Minimize Adverse Impacts to Wildlife Resources, Operators shall plan new transportation networks and new oil and gas facilities to minimize surface disturbance and the number and length of oil and gas roads and utilize common roads, rights of way, and access points to the extent practicable, consistent with these rules, an Operator's operational requirements, and any requirements imposed by federal and state land management agencies, Weld County's regulations, and SUAs and other Surface Owner requirements, and taking into account cost effectiveness and technical feasibility. PAGE 46 2019-3247 ORD2019-10 B. Establish new staging, refueling, and Chemical storage areas outside of riparian zones and Floodplains. C. Use minimum practical construction widths for new rights -of -way where Pipelines cross riparian areas, streams, and critical habitats. Sec. 21-5-535. quirenui nts in Restricts Surface -ccupancy res A. Operators shall avoid Restricted Surface Occupancy Areas to the maximum extent technically and economically feasible when planning and conducting new oil and gas development operations, except: . When authorized by or specifically exempted by Colorado Parks and Wildlife following consultation; 2. When authorized by a Comprehensive Drilling Plan; 3. Upon demonstration that the identified habitat is not in fact present; or 4. In the event of situations posing a risk to public health, safety, welfare, or the environment. B. New ground disturbing activities are to be avoided in Restricted Surface Occupancy Areas, including construction, drilling and Completion, non -emergency workovers, and Pipeline installation activity, to Minimize Adverse Impacts to Wildlife Resources. Production, routine maintenance, repairs and replacements, emergency operations, Reclamation activities, or habitat improvements are not pr;.hibited in Restricted Surface Occupancy Areas. Notwithstanding the foregoing, non -emergency workovers, including uphole recompletions, may be performed with prior approval of the OGED Director on a schedule that minimizes adverse impacts to the species for which the Restricted Surface Occupancy Area exists. Sec. 21-5-5 .I General operating require ents in Sensitive Wiidlife Ha it t n#f R`estricte Surface ccupancy Areas A. Subject to exception by the 1041 WOGLA Hearing Officer for site specific reasons and BMPs, within Sensitive Wildlife Habitat and Restricted Surface Occupancy Areas, Operators shall comply with the following operating requirements: 1 During Pipeline construction for trenches that are left open for more than five (5) days and are greater than five (5) feet in width, install wildlife crossovers and escape ramps where the trench crosses well-defined game trails and at a minimum of one quarter (1/4) mile intervals where the trench parallels well-defined game trails. 2. Inform and educate employees and contractors on wildlife conservation practices, including no harassment or feeding of wildlife. 3. Consolidate new facilities to minimize impact to wildlife. 4. Minimize rig mobilization and demobilization where practicable by completing or recompleting all Wells from a given Well pad before moving rigs to a new location. 5. To the extent practicable, share and consolidate new corridors for Pipeline rights -of -way and roads to minimize surface disturbance. 6. Engineer new Pipelines to reduce Field fitting and reduce excessive right-of-way widths and Reclamation. PAGE 47 2010-3247 O8O2010-10 7. Use boring instead of trenching across perennial streams considered critical fish habitat. 8. Treat waste water Pits and any associated Pit 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 speeed West Nile Virus to wildlife, especially grouse. 9. Use wildlife appropriate seed mixes wherever allowed by Surface Owners and regulatory agencies. 10. Mow or brushhag 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 drilling water and produced liquids through the use of Pipelines, large Tanks, or other measures where technically feasible and economically practicable. ec. 21-5-545. General °eciamation re J uirements. 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. OGED Director determination. When the OGED Director has reasonable cause to believe that a proposed oil and gas operation could result in a significant adverse environmental impact on any air, water, soil, or biological resource, the Director shall conduct an onsite inspection and may request a hearing before the Board of County Commissioners to rescind the 1041 WOGLA Permit pursuant to the procedures set forth in Section 21-5-370, above, and execute on Financial Assurance to protect the public health, safety and welfare, including prevention of significant adverse environmental impacts. C. Surface Owner waiver. 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. Seca 21-5-550. Site preparn n • stare ilization® A. Fencing requirements. PAGE 48 2019-3247 ORD2019-10 1. Fencing of drill sites and access roads on Crop Lands. During drilling operations on Crop Lands, when requested by the Surface Owner, the Operator shall delineate each drillsite and access road on Crop Lands constructed after such date by berms, single strand fence, or other equivalent method to discourage unnecessary surface disturbances. 2. Fencing of reserve Pit when livestock is present. During drilling operations where livestock is in the immediate area and is not fenced out by existing fences, the Operator, at the request of the Surface Owner, will install a fence around the reserve Pit. 3. Fencing of Well Sites. After Completion of drilling operations, where livestock is in the immediate area and is not fenced out by existing fences, the Operator, at the request of the Surface Owner, will install a fence around the wellhead, Pit, and production equipment to prevent livestock entry. B. Soil removal and segregation. 1. Soil removal and segregation on cropland. 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 consistency. Segregation will be performed to the extent practicable to a depth of six (6) feet or bedrock, whichever is shallower. 2. Soil removal and segregation on non -cropland. As to all excavation operations undertaken on Non -Crop Land, the Operator shall separate and store the topsoil horizon or the top six (6) inches, whichever is deeper, and mark or document stockpile locations to facilitate subsequent Reclamation. When separating the soil horizons, the Operator shall segregate the horizon based upon noted changes in physical characteristics such as organic content, color, texture, density, or consistency. 3. Horizons too rocky or too thin. When the soil horizons are too rocky or too thin for the Operator to practicably segregate, then the topsoil shall be segregated to the extent practicable and stored. Too rocky shall mean that the soil horizon consists of greater than thirty five percent (35%) by volume rock fragments larger than ten (10) inches in diameter. Too thin shall mean soil horizons that are less than six (6) inches in thickness. The Operator shall segregate remaining soils on Crop Land to the extent practicable to a depth of three (3) feet below the ground surface or bedrock, whichever is shallower, based upon noted changes in physical characteristics such as color, texture, density or consistency and such soils shall be stockpiled to avoid loss and mixing with other soils. C. Protection of soils. All stockpiled soils shall be protected from degradation due to contamination, compaction and, to the extent practicable, from wind and water erosion during drilling and production operations. BMPs to prevent weed establishment and to maintain soil microbial activity shall be implemented. PAGE 49 2019-3247 ORD2019-10 D. Drill pad location. The drilling location shall be designed and constructed to provide a safe working area while reasonably minimizing the total surface area disturbed. Consistent with applicable spacing orders and Well location orders and regulations, in locating drill pads, steep slopes shall be avoided when reasonably possible. The drill pad site shall be located on the most level location obtainable that will accommodate the intended use. If not avoidable, deep vertical cuts and steep long fill slopes shall be constructed to the least percent slope practical. Where feasible, Operators shall use directional drilling to reduce cumulative impacts and minimize adverse impacts on Wildlife Resources. E. Surface disturbance minimization. 1. In order to reasonably minimize land disturbances and facilitate future Reclamation, Well Sites, production facilities, gathering Pipelines, and access roads shall be located, adequately sized, constructed, and maintained so as to reasonably control dust and Minimize Erosion, alteration of natural features, removal of surface materials, and degradation due to contamination. 2. Operators shall avoid or minimize impacts to wetlands and riparian habitats to the degree practicable. 3. Where practicable, Operators shall consolidate facilities and Pipeline rights -of -way to Minimize Adverse Impacts to Wildlife Resources, including fragmentation of wildlife habitat, as Well as cumulative impacts. 4. Access roads. Existing roads shall be used to the greatest extent practicable to avoid erosion and minimize the land area devoted to Oil and Gas Operations. Roadbeds shall be engineered to avoid or minimize impacts to riparian areas or wetlands to the extent practicable. Unavoidable impacts shall be mitigated. Road crossings of streams shall be designed and constructed to allow fish passage, where practicable and appropriate. Where feasible and practicable, Operators are encouraged to share access roads in developing a Field. Where feasible and practicable, roads shall be routed to complement other land usage. To the greatest extent practicable, all vehicles used by the Operator, contractors, and other parties associated with the Well shall not travel outside of the original access road boundary. Repeated or flagrant instance(s) of failure to restrict lease access to lease roads which result in unreasonable land damage or crop losses shall subject the 1041 WOGLA Permit to rescission by the Board of County Commissioners pursuant to Section 21-5-370. PAGE 50 2019-3247 ORD2019-10 Sec. 21-5-555. Interim Reclamation. A. General. Debris and waste materials other than de minimis amounts, including, but not limited to, concrete, sack bentonite and other drilling mud additives, sand plastic, pipe and cable, as Well as equipment associated with the drilling, re-entry, or Completion operations shall be removed. All E&P Waste shall be handled according to Section 21-5-450 of this Article V. All Pits, cellars, rat holes, and other bore holes unnecessary for further lease operations, excluding the drilling Pit, will be backfilled as soon as possible after the drilling rig is released to conform with surrounding terrain. On Crop Land, if requested by the Surface Owner, guy line anchors shall be removed as soon as reasonably possible after the Completion rig is released. When permanent guy line anchors are installed, it shall not be mandatory to remove them. When permanent guy line anchors are installed on cropland, care shall be taken to minimize disruption or cultivation, irrigation, or harvesting operations. If requested by the Surface Owner or its representative, the anchors shall be specifically marked, in addition to the marking required below, to facilitate farming operations. All guy line anchors left buried for future use shall be identified by a marker of bright color not less than four (4) feet in height and not greater than one (1) foot east of the guy line anchor. B. Interim Reclamation of areas no longer in use. All disturbed areas affected by drilling or subsequent operations, except areas reasonably needed for production operations or for subsequent drilling operations to be commenced within twelve (12) months, shall be reclaimed as early and as nearly as practicable to their original condition or their final Land Use as designated by the Surface Owner and shall be maintained to control dust and Minimize Erosion to the extent practicable. As to Crop Lands, if subsidence occurs in such areas additional topsoil shall be added to the depression and the land shall be re -leveled as close to its original contour as practicable. Interim Reclamation shall occur no later than three (3) months on Crop Land or six (6) months on Non -Crop Land after such operations unless the OGED Director extends the time period because of conditions outside the control of the Operator. Areas reasonably needed for production operations or for subsequent drilling operations to be commenced within twelve (12) months shall be compacted, covered, paved, or otherwise stabilized and maintained in such a way as to minimize dust and erosion to the extent practicable. C. Compaction alleviation. All areas compacted by drilling and subsequent Oil and Gas Operations which are no longer needed following Completion of such operations shall be cross -ripped. On Crop Land, such compaction alleviation operations shall be undertaken when the soil moisture at the time of ripping is below thirty-five percent (35%) of Field capacity. Ripping shall be undertaken to a depth of eighteen (18) inches unless and to the extent bed rock is encountered at a shallower depth. D. Drilling Pit closure. As part of interim Reclamation, Drilling Pits shall be closed in the following manner: PAGE 51 2019-3247 ORD2019-10 1. Drilling Pit closure on Crop Land and within 100 -year Floodplain. On Crop Land or within the 100 -year Floodplain, water -based bentonitic drilling fluids, except de minimis amounts, shall be removed from the drilling Pit and disposed of in accordance with Section 21-5- 450 of this Article V. Operators shall ensure that soils meet the concentration levels of Appendix 21-A. Drilling Pit Reclamation, including the disposal of drilling fluids and cuttings, shall be performed in a manner to not result in the formation of an impermeable barrier. Any cuttings removed from the Pit for drying shall be returned to the Pit prior to backfilling, and no more than de minimis amounts may be incorporated into the surface materials. After the drilling Pit is sufficiently dry, the Pit shall be backfilled. The backfilling of the drilling Pit shall be done to return the soils to their original relative positions. Closing and Reclamation of Drilling Pits shall occur no later than three (3) months after drilling and Completion activities conclude. 2. Drilling Pit closure on Non -Crop Land. All drilling fluids shall be disposed of in accordance with Section 21-5-450 of this Article V. Operators shall ensure that soils meet the concentration levels of Appendix 21-A. After the drilling Pit is sufficiently dry, the Pit shall be backfilled. Materials removed from the Pit for drying shall be returned to the Pit prior to the backfilling. No more than de minimis amounts may be incorporated into the surface materials. The backfilling of the drilling Pit will be done to return the soils to their original relative positions so that the muds and associated solids will be confined to the Pit and not squeezed out and incorporated in the surface materials. Closure and Reclamation of Drilling Pits shall occur no later than six (6) months after drilling and Completion activities conclude, weather permitting. 3. Minimum cover. On Crop Lands, a minimum of three (3) feet of backfill cover shall be applied over any remaining drilling Pit contents. As to both Crop Lands and Non -Crop Lands, during the two (2) year period following drilling Pit closure, if subsidence occurs over the closed drilling Pit location additional topsoil shall be added to the depression and the land shall be re -leveled as close to its original contour as practicable. E. Restoration and revegetation. When a Well is completed for production, all disturbed areas no longer needed will be restored and revegetated as soon as practicable. 1. Revegetation of Crop Lands. All segregated soil horizons removed from Crop Lands shall be replaced to their original relative positions and contour and shall be tilled adequately to re-establish a proper seedbed. The area shall be treated if necessary and practicable to prevent invasion of undesirable species and noxious weeds, and to control erosion. Any perennial forage crops that were present before disturbance shall be re- established. PAGE 52 2019-3247 ORD2019-10 2. Revegetation of Non -Crop Lands. All segregated soil horizons removed from Non -Crop Lands shall be replaced to their original relative positions and contour as near as practicable to achieve erosion control and long-term stability and shall be tilled adequately to establish a proper seedbed. The disturbed area then shall be reseeded in the first favorable season following rig demobilization. Reseeding with species consistent with the adjacent plant community is encouraged. In the absence of an agreement between the Operator and the affected Surface Owner as to what seed mix should be used, the Operator shall consult with a representative of the local soil conservation district to determine the proper seed mix to use in revegetating the disturbed area. In an area where an Operator has drilled or plans to drill multiple Wells, in the absence of an agreement between the Operator and the affected Surface Owner, the Operator may rely upon 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 conducted. Interim Reclamation of all disturbed areas no longer in use shall be considered complete when all ground surface disturbing activities at the site have been completed, and all disturbed areas have been either built on, compacted, covered, paved, or otherwise stabilized in such a way as to Minimize Erosion to the extent practicable, or a uniform vegetative cover has been established that reflects pre -disturbance or Reference Area forbs, shrubs, and grasses with total percent plant cover of at least eighty percent (80%) of pre -disturbance levels or Reference Areas, excluding noxious weeds. Re- seeding alone is insufficient. 3. Interim Reclamation Completion. The Operator shall notify the OGED Director with a description of the interim Reclamation procedures and any associated mitigation measures performed, any changes, if applicable in the landowner's designated final Land Use, and at a minimum four (4) photographs taken during the growing season facing each cardinal direction which document the success of the interim Reclamation and one (1) photograph which documents the total cover of live perennial vegetation of adjacent or nearby undisturbed land or the Reference Area. Each photograph shall be identified by date taken, Well name, GPS location, and direction of view. 4. Temporary Access Permits. If a temporary access permit is associated with a drillsite, the temporary access will be reclaimed in accordance with Chapter 8, Article XIV of this Code. PAGE 53 2019-3247 ORD2019-10 Sec. 21-5-560. Final Reclamation of Well Sites and associated production facilities. A. Well Sites and associated production facilities. Upon the Plugging and Abandonment of a Well, all Pits, mouse and rat holes and cellars shall be backfilled. All debris, abandoned Gathering Line Risers and Flowline Risers, and surface equipment shall be removed within three (3) months of plugging a Well. All access roads to plugged and abandoned Wells and associated production facilities shall be closed, graded and recontoured. Culverts and any other obstructions that were part of the access road(s) shall be removed. Well locations, access roads and associated facilities shall be reclaimed. As applicable, compaction alleviation, restoration, and revegetation of Well Sites, associated production facilities, and access roads shall be performed to the same standards as established for interim Reclamation under Section 21-5-555, above. All other equipment, supplies, weeds, rubbish, and other waste material shall be removed. The burning or burial of such material on the premises shall be performed in accordance with applicable local, state, or federal Solid Waste Disposal regulations. In addition, material may be burned or buried on the premises only with the prior written consent of the Surface Owner. All such Reclamation work shall be completed within three (3) months on Crop Land and twelve (12) months on Non -Crop Land after plugging a Well or final closure of associated production facilities. The Director may grant an extension where unusual circumstances are encountered, but every reasonable effort shall be made to complete Reclamation before the next local growing season. B. Production and special purpose Pit closure. The Operator shall comply with the Section 21- 5-450 of this Article V for the removal or treatment of E&P Waste remaining in a production or special purpose Pit before the Pit may be closed for final Reclamation. After any remaining E&P Waste is removed or treated, all such Pits must be back -filled to return the soils to their original relative positions. As to both Crop Lands and Non -Crop Lands, if subsidence occurs over closed Pit locations, additional topsoil shall be added to the depression and the land shall be re -leveled as close to its original contour as practicable. C. Final Reclamation threshold for release of Financial Assurance. Successful Reclamation of the Well Site and access road will be considered completed when: 1. On Crop Land, Reclamation has been performed and the OGED Director has determined there has been no significant unrestored subsidence over two growing seasons. 2. On Non -Crop Land, Reclamation has been performed and disturbed areas have been either built on, compacted, covered, paved, or otherwise stabilized in such a way as to Minimize Erosion to the extent practicable, or a uniform vegetative cover has been established that reflects pre -disturbance or Reference Area forbs, shrubs, and grasses with total percent plant cover of at least eighty percent (80%) of pre -disturbance or Reference Area levels, excluding noxious weeds, as determined by the OGED Director. The OGED Director shall consider the total cover of live perennial vegetation of adjacent or nearby undisturbed land, not including overstory or tree canopy cover, having similar soils, slope and aspect of the reclaimed area. 3. Disturbances resulting from flow line installations shall be deemed adequately reclaimed when the disturbed area is reasonably capable of supporting the pre -disturbance Land Use. PAGE 54 2019-3247 ORD2019-10 4. The Operator has notified the OGED Director describing the final Reclamation procedures, any changes, if applicable, in the landowner's designated final Land Use, and any mitigation measures associated with final Reclamation performed by the Operator, and a final Reclamation inspection has been completed by OGED, there are no outstanding compliance issues as determined by the OGED Director. D. Final Reclamation of all disturbed areas shall be considered complete when all activities disturbing the ground have been completed, and all disturbed areas have been either built upon, compacted, covered, paved, or otherwise stabilized in such a way as to Minimize Erosion, or a uniform vegetative cover has been established that reflects pre -disturbance or Reference Area forbs, shrubs, and grasses with total percent plant cover of at least eighty percent (80%) of pre -disturbance or Reference Area levels, excluding noxious weeds, or equivalent permanent, physical erosion reduction methods have been employed. Re- seeding alone is insufficient. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. PAGE 55 2019-3247 ORD2019-10 The above and foregoing Ordinance Number 2019-10 was, on motion duly made and seconded, adopted by the following vote on the 22nd day of July, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Barbara Kirkmeyer, Chair Weld County Clerk to the Board Mike Freeman, Pro-Tem BY: Deputy Clerk to the Board Sean P. Conway APPROVED AS TO FORM: Scott K. James County Attorney Date of signature: Publication: June 5, 2019 June 7, 2019 Steve Moreno First Reading: June 10, 2019 Publication: June 16, 2019, in the Greeley Tribune Second Reading: July 1, 2019 Publication: July 10, 2019, in the Greeley Tribune Final Reading: July 22, 2019 Publication: July 31, 2019, in the Greeley Tribune Effective: August 5, 2019 PAGE 56 2019-3247 ORD2019-10 ADD APPENDIX 21-A Appendix 21-A CONCENTRATION LEVELS' Contaminant of Concern Concentrations Organic Compounds in Soil TPH (total volatile and extractable petroleum hydrocarbons) 500 mg/kg Benzene 0.17 mg/kg2 Toluene 85 mg/kg2 Ethylbenzene 100 mg/kg2 Xylenes (total) 175 mg/kg2 Acenaphthene 1,000 mg/kg2 Anthracene 1,000 mg/kg2 Benz(a)anthracene 0.22 mg/kg2 Benzo(b)fluoranthene 0.22 mg/kg2 Benzo(k)fluoranthene 2.2 mg/kg2 Benzo(a)pyrene 0.022 mg/kg2 Chrysene 22 mg/kg2 Dibenzo(a,h)anthracene 0.022 mg/kg2 Fluoranthene 1,000 mg/kg2 Fluorene 1,000 mg/kg2 Indeno(1,2,3,c,d)pyrene 0.22 mg/kg2 Naphthalene 23 mg/kg2 Pyrene 1,000 mg/kg2 Organic Compounds in Ground Water Benzene 5 ❑g/13 Toluene 560 to 1,000 ❑g/I3 Ethylbenzene 700 ❑g/I3 Xylenes (Total) 1,400 to 10,000 ❑g/I3,4 Inorganics in Soils Electrical Conductivity (EC) <4 mmhos/cm or 2x background Sodium Adsorption Ratio (SAR) <125 pH 6-9 Inorganics in Ground Water Total Dissolved Solids (TDS) <1.25 x background3 Chlorides <1.25 x background3 Sulfates <1.25 x background3 Metals in Soils Arsenic 0.39 mg/kg2 Barium (LDNR True Total Barium) 15,000 mg/kg2 Boron (Hot Water Soluble) 2 mg/I3 Cadmium 70 mg/kg3,6 Chromium (III) 120,000 mg/kg2 Chromium (VI) 23 mg/kg2,6 Copper 3,100 mg/kg2 Lead (inorganic) 400 mg/kg2 Mercury 23 mg/kg2 Nickel (soluble salts) 1,600 mg/kg2,6 2019-3247 ORD2019-10 Selenium 390 mg/kg2,6 Silver 390 mg/kg2 Zinc 23,000 mg/kg2,6 Liquid Hydrocarbons in Soils and Ground Water. Liquid hydrocarbons including condensate and oil Below detection level COGCC recommends that the latest version of EPA SW 846 analytical methods be used where possible and that analyses of samples be performed by laboratories that maintain state or national accreditation programs. 1 Consideration shall be given to background levels in native soils and ground water. 2 Concentrations taken from CDPHE-HMWMD Table 1 Colorado Soil Evaluation Values (December 2007). 3 Concentrations taken from CDPHE-WQCC Regulation 41 - The Basic Standards for Ground Water. 4 For this range of standards, the first number in the range is a strictly health -based value, based on the WQCC's established methodology for human health -based standards. The second number in the range is a maximum contaminant level (MCL), established under the Federal Safe Drinking Water Act which has been determined to be an acceptable level of this chemical in public water supplies, taking treatability and laboratory detection limits into account. The WQCC intends that control requirements for this chemical be implemented to attain a level of ambient water quality that is at least equal to the first number in the range except as follows: 1) where ground water quality exceeds the first number in the range due to a release of contaminants that occurred prior to September 14, 2004 (regardless of the date of discovery or subsequent migration of such contaminants) clean-up levels for the entire contaminant plume shall be no more restrictive than the second number in the range or the ground water quality resulting from such release, whichever is more protective, and 2) whenever the WQCC has adopted alternative, site -specific standards for the chemical, the site -specific standards shall apply instead of these statewide standards. 5 Analysis by USDA Agricultural Handbook 60 method (20B) with soluble cations determined by method (2). Method (20B) = estimation of exchangeable sodium percentage and exchangeable potassium percentage from soluble cations. Method (2) = saturated paste method (note: each analysis requires a unique sample of at least 500 grams). If soils are saturated, USDA Agricultural Handbook 60 with soluble cations determined by method (3A) saturation extraction method. 6 The table value for these inorganic constituents is taken from the CDPHE-HMWMD Table 1 Colorado Soil Evaluation Values (December 2007). However, because these values are high, it is possible that sitespecific geochemical conditions may exist that could allow these constituents to migrate into ground water at levels exceeding ground water standards even though the concentrations are below the table values. Therefore, when these constituents are present as contaminants, a secondary evaluation of their leachability must be performed to ensure ground water protection. 2019-3247 ORD2019-10 Hello