HomeMy WebLinkAbout20192477.tiffWELD COUNTY
CODE ORDINANCE 2019-10
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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are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as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:
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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.
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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, 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. 21-1-90. 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.
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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.
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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:
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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 the Surface -Owner or Operator.
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.
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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 obje&twepurpose 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.
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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 nDSOGED 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 Department
of - Piarnrun$ ervices Director1041 Hearing Officer and shall be valid for a period as
establishedperiod 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 an Exception
ZoneBuilding 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.
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The 1041 WOGLA Hearing Officer shall determine whether to establish a DOAA and, if
so, the appropriate boundaries for the DOHA based on the totality of circumstances and
consistent with the purposes of this Article V.
DPSOGED: means the Weld County Department -of Planning-ServicesOil and Gas Energy
OGED.
DPSOGED Director means the Director of the Weld County Department of Planning
ServicesOil 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 DPSOGED Director. The term
encompasses general liability insurance.
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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.
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.
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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
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. An licensed operating Child Care Center.
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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.
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 significant adverse --impacts to the environment -from Oil and Gas —Operations,
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, and take
inte-consideration--cost effectiveness -and -technical tea -sib -flay regarding Development Standards
and actions and decisions taken to Minimize Adverseminimize adverse !impacts from Oil and Gas
Operations.
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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.
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 Welt 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."
Owner means tie person w
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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.
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. Flowline, 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.
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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.
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.
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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 DPSOGED Director has data that indicate an impact or threat of impact to
ground water or surface water, the DPSOGED Director may require the Operator to make a
Sensitive Area determination and that determination shall be subject to the DPSOGED 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 DPSOGED
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.
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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.
Stormwater 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 pad of the surface of land upon which Oil
and Gas Operations are conducted, as shown by the tax records of the county in which the tract
of land is situated, or any person with such rights under a recorded contract to purchase.
Surface Use Agreement ("SUA'): means any agreement in the nature of a contract or other
form of document 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 on the surface in relation to locating a Well, Multi -Well Site, Production Facility. Pipeline
or any other Oil and Gas Facility -that -supports oil and gas development located on the Surface
Owner's property 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.
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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 StateU.S.: means waters pursuant to and consistent with Colorado Revised
Statutes -and 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 (H 041 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 15, 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 sub ect 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:
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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. DPSThe 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.
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
0PSOGED Director.
The '_)PSOGED 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.
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.
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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 DFSOGED 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 Useuse 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.
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.
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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.
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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 DPSOGED for processing and
determination of whether the application is complete and in compliance with the requirements of
this Section. Upon the Applicant's or nPSOGED Director's request, made either before or after
the submittal of the application, there may be an application meeting between the Applicant and
DPSOGED, which may be accomplished through a face-to-face meeting, electronic mail
exchange, or conference call. as determined by DPSOGED. 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 DPSOGED. 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.
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B. Certification that notice of the application for they 1041 WOGLA Permit pre -application notice
has been delivered to Building Unitthe 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 Applicant shall deliver a 1041 WOGLA Permit pre -application notice shall be delivered
by the Applicant to the following parties: 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. The 1041 1 O-GLA Permit -notice shall inform the -recipients they
must respond }n writing with comments and/or concerns to both the Operator and the County
within twenty-eight (28) days of receiving -the notice Delivery of the 1041 WOGLA Permit
pre -application notice shall occur not more than six (6) months prior to submitting a
COGCC1041 WOGLA pPermit 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 propertyBuilding
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
(-including Schools and Child -Care Centers).
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.
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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.
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-andlocBuilding Unit property 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
DPSOGED 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 address +ncremental impacts of the proposed Ott and Gas Facility
being a part of the cumulative impacts caused by -oil and gas development within the one -
thousand three -hundred twenty (1,320) foot radiusMinimizeAdverse 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
three-hundred-wenty (1,320000) feet of the proposed Oil and Gas Location. with a
horizontal distance and approximate bearing from the Oil and Gas Location shall be
attached.
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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.
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.
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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 a Local Government other than Weld County,
proof of access romgranted 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-topog{ apt1 +oal-t nap s k ow+ng afl suufaoe- wa-ters -arid-riparian areas
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 location, shall -be
attached:A GIS map of off -location Flowlines must be provided after construction.
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.
A certified list containing the names, addresses and the corresponding Parcel Identification
Numbers assigned by the County Assessor of Building Unit and property owners within one -
thousand :,wee -hundred twenty (1,320000) 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.
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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 showingdocumenting 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 the 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.
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 DPSOGED any time up to twelve (12) months after
the granting of the 1041 WOGLA.
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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
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) of a Ss -he -910r 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
within the Buffer -Zone 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 DPSOGED, including, but not limited to,
additional data as reasonably required by DPSOGED resulting from consultation with the
Weld County Department of Public Health and Environment or Colorado Parks and Wildlife.
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Sec. 21-5-330. DPSOGED review of 1041 WOGLA Permit application.
DPSOGED 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 DPSOGED Director, he or she shall send notice of a hearing for the 1041
WOGLA Permit application before the 1041 WOGLA Hearing Officer 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 DPSOGED at least thirty-seven (37) days prior to the date of hearing. The DPSOGED
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.
DPSOGED 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.
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 DPSOGED 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.
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C. Charge a reasonable fee that covers costs incurred by Weld County for DPSOGED 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 DPSOGED
website. Persons who have standing to file 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.
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 3S fewminimal technical
requ4cements as- passh+epresentation. 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.
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3. Postponements of hearings shall not be granted without the showing of necessity by the
1041 WOGLA Hearing party requesting the postponement.
3.4. 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. 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. DPSOGED 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 in the DPSOGED in the
approved 1041 WOGLA Permit file and documented via an OGED sundry notice form.
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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 DPSOGED 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 DPSOGED 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 QPSOGED 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.
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 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.
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B. Workplan. Operators shall prepare and submit for prior DPSOGED 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 DPSOGED
Director.
E. Release of Financial Assurance. Financial Assurance required by Section 21-5-445 may be
held by the 'DPSOGED 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 .b!rtvsixty (3060) days of transfer, the new Operator shall notify the
DPSOGED 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.
During drilling. production. and Reclamation -aAll 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.
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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 B.1 (a -c) and Section XII of Regulation
No. 7.
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)
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55 db(A)
65 db(A)
75 db(A)
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The type of Land Use of the surrounding area shall be determined by the DRSOGED 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, DPSOGED 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:
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).
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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.
In situations where the complaint or onsite inspection indicates that low frequency noise is
a component of the problem, the DPSOGED 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 DPSOGED 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 DPSOGED 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.
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.
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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 DPSOGED 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 DPSOGED
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 06E 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 State of ColoradoU.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 DPSOGED 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 DPSOGED Director may require additional information.
B. Waste transportation.
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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
DPSOGED Director during normal business hours, and copies thereof shall be
furnished to the DPSOGED 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.
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
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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 DPSOGED 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 E&P 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:
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 21-A.
iii. Surface Owner approval. Operators shall obtain written authorization from the
Surface Owner prior to Land Application of water -based bentonitic drilling fluids.
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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 DPSOGED Director's written request, this information
shall be provided within five (5) business days, in a format readily reviewable by
the DPSOGED 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 DPSOGED Director in responding to complaints regarding Land Application of
water -based bentonitic drilling fluids.
v. Approval. Prior approval by the 1-DPSOGED 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 DPSOGED 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.
g. 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.
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:
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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:
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
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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 heremin 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.
Sec. 21-5-485. Setbacks.
A. Wells.
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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. Buffer ZoneBuildinq Unit Setback: No Well or Production Facility within five hundredone-
thousand (1,0500) 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. Exception Zone Setback: No Well or Production Facility within five hundred (500) feet or less
from a Building Unit
D.C. High Occupancy Building Unit: No Well or Production Facility within one -thousand (1.000)
feet or less from a High Occupancy Building Unit.
E 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.
SE. 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.
G7F. 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.
C� 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.
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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. For an Exception ZoneBuilding Unit Setback in an
Urban Mitigation Area, the Operator must submit a waiver from each Building Unit owner
within five hundred (500) feet of the proposed Oil and Gas Location and the -1041 WOGLA
Hearing Officer -must -determine -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 we -Ifs -re,
J H. 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.
l 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.
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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. Exception ZoneBuilding Unit Setback. In addition to all items listed in Section 21-5-490 B.,
above, the following berm construction shall be required within the Exception ZoneBuilding
Unit Setback:
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 Exception Zone Setback, 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 Facilitiesregardless of whether the
Large UMA Facility is in -the Buffer Zone or the Exception Zone:
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.
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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.
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);
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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.
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.
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Sec. 21-5-530. Other general operating requirements regarding wildlife protection.
Subject to exception by the DPSOGED 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.
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 DPSOGED 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.
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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.
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
app
ropriate
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.
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B. DPSOGED Director determination. When the DPSOGED 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 DPSOGED Director.
Sec. 21-5-550. Site preparation and stabilization.
A. Fencing requirements.
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.
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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.
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.
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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.
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
DPSOGED 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.
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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:
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.
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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 fortis, 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 DPSOGED 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 88, Article X V of
this Code.
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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 DPSOGED 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 DPSOGED
Director. The DPSOGED 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.
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4. The Operator has notified the DPSOGED 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 DPSOGED, there are no
outstanding compliance issues as determined by the DPSOGED 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.
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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:
First Reading:
Publication:
Second Reading:
Publication:
Final Reading:
Publication:
Effective:
June 5; 2019
June 7. 2019
Steve Moreno
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
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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 u g/13
Toluene
560 to 1,000 ❑g/13
Ethylbenzene
700 ❑g/I3
Xylenes (Total)
1,400 to 10,000 4g/13'4
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
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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.
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).
Concentrations taken from CDPHE-WQCC Regulation 41 - The Basic Standards for Ground Water.
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.
{ 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.
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.
2019-2477
ORD2019-10
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