HomeMy WebLinkAbout20193863.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR COORDINATION OF
CERTAIN PROCEDURES BETWEEN WELD COUNTY'S 1041 WOGLA PERMITTING
AND THE COLORADO OIL AND GAS CONSERVATION COMMISSION'S DRILL
SPACING UNITS (DSU) APPROVAL AND FORMS 2 AND 2A PERMITTING
PROCESSES AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, 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 has been presented with a Memorandum of Understanding for
Coordination of Certain Procedures between Weld County's 1041 WOGLA Permitting and the
Colorado Oil and Gas Conservation Commission's Drill Spacing Units (DSU) Approval and Forms
2 and 2A Permitting Processes between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Department of Oil and Gas
Energy, and Jeff Robbins, Director of the Colorado Oil and Gas Conservation Commission,
commencing upon full execution of signatures, with further terms and conditions being as stated
in said memorandum of understanding, and
WHEREAS, after review, the Board deems it advisable to approve said memorandum of
understanding, a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Memorandum of Understanding for Coordination of Certain
Procedures between Weld County's 1041 WOGLA Permitting and the Colorado Oil and Gas
Conservation Commission's Drill Spacing Units (DSU) Approval and Forms 2 and 2A Permitting
Processes between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Oil and Gas Energy, and
Jeff Robbins, Director of the Colorado Oil and Gas Conservation Commission, be and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said memorandum of understanding.
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2019-3863
OG0002
MEMORANDUM OF UNDERSTANDING FOR COORDINATION OF CERTAIN PROCEDURES
BETWEEN WELD COUNTY'S 1041 WOGLA PERMITTING AND THE COGCC DRILL SPACING
UNITS (DSU) APPROVAL AND FORMS 2 AND 2A PERMITTING PROCESSES
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of August, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dattA44) ..k'ltD•�
Weld County Clerk to the Board
BY:
EXCUSED
Barbara Kirkmeyer, Chair
Mi a Freeman, Pro-Tem
Deputy Clerk to the Board EXCUSED
APPROVED AS TO FOR
ts2)/K
,O4s.j.County Attorney
Date of signature: Oq/la/l9
Steve Moreno
2019-3863
OG0002
Memorandum of Understanding for Coordination of Certain Procedures Between Weld
County's 1041 WOGLA Permitting and the Colorado Oil and Gas Conservation
Commission's DSU Awn -oval and Forms 2 and 2A Permitting Processes
This Memorandum of Understanding ("MOU") is by and between Weld County,
Colorado, by and through the Board of County Commissioners of Weld County ("Weld
County"), and Jeff Robbins, Director, Colorado Oil and Gas Conservation Commission
("COGCC"). Weld County and the COGCC are referred to collectively herein as "the MOU
Parties," or in the singular as "MOU Party."
INTRODUCTION
On April 16, 2019, Senate Bill 19-181 ("SB 19-181") became effective upon the
signature of Colorado Governor Jared Polis. SB 19-181 allows local governments to designate
areas of oil and gas development as areas of State interest without requiring that the COGCC
first identify that area as an area of State interest. SB 19-181, Section 1. SB 19-181 also gives
enhanced land use authority to local governments through C.R.S. § 29-20-104(1)(h) to determine
siting of oil and gas facilities and oil and gas locations and to regulate in a manner to minimize
the adverse impacts of oil and gas operations. SB 19-181, Section 4. Weld County has designated
its unincorporated area as a mineral resource (oil and gas) area of State interest. Weld County's
1041 Oil and Gas Location Assessment ("WOGLA") permitting process regulations became
effective August 5, 2019.
SB 19-181 directs the COGCC to "regulate the development and production" of oil and
gas "in a manner that protects the public health, safety, and welfare, including protection of the
environment and wildlife resources." SB 19-181, Section 6. The COGCC does so through
requiring oil and gas operators to submit applications for approval of drilling and spacing units
("DSU") and the filing of Forms 2 and 2A. SB 19-181 requires the COGCC to wait for
disposition of the local government permit prior to approving DSU applications and Form 2s,
unless the local government waives such requirement. SB 19-181, Sections 12 and 14.
PURPOSE
Because SB 19-181 authorizes regulatory permitting by both the COGCC and Weld
County, it is desirable to have agreement between the two entities as to timing and order of
processes. This is especially important because C.R.S. § 24-65.1-108 requires in an area
designated as one of State interest that State permits be granted, denied, or a response given by
the State within sixty (60) days after the filing of the State permit applications. Therefore, the
purpose of this MOU is to provide such agreement to give the MOU Parties and applicants for
permits to develop oil and gas resources in Weld County an understanding as to how the timing
and order of processing of the COGCC Forms 2 and 2A, the COGCC DSU approval, and Weld
County's 1041 WOGLA Permits will proceed.
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090/9- 38G3 (i)
AGREEMENT
Weld County and the COGCC agree to the following:
1. For the purposes of this MOU, the MOU Parties agree that the sixty (60) day time
requirement set forth in C.R.S. § 24-65.1-108 applies to Forms 2 and 2A filed with the
COGCC on or after August 5, 2019. The COGCC will grant, deny, or otherwise respond
to the Form 2 applicant in the manner required by C.R.S. § 24-65.1-108 within sixty (60)
days following its completeness determination for the Form 2. The COGCC will grant,
deny, or otherwise respond to a Form 2A applicant in the manner required by C.R.S. §
24-65.1-108 within sixty (60) days following the later of the entry of the DSU order for
the lands subject to the Form 2A or the COGCC completeness determination for the
Form 2A application.
2. Section 21-5-330 of Weld County's 1041 WOGLA regulations requires a referral to the
COGCC from Weld County prior to hearing of the 1041 WOGLA Permit by the
County's hearing officer. The COGCC will review and comment on the 1041 WOGLA
application within twenty-eight (28) days of the date of referral to the COGCC by Weld
County.
3. The MOU Parties will share with each other the application information submitted by
applicants for the MOU Parties' respective permits. Furthermore, the MOU Parties will
communicate and coordinate regarding questions, comments, or concerns they may have
regarding conditions of approval, best management practices, and/or development
standards.
4. In accordance with the letter of Board of County Commissioners' Chair Barbara
Kirkmeyer, dated August 2, 2019, a copy of which is attached hereto as Exhibit 1, the
disposition of the 1041 WOGLA Permit is required only for Form 2 approval by the
COGCC.
5. This MOU takes effect upon the signature of both MOU Parties, and shall remain in
effect until terminated upon 30 days written notice by either MOU Party.
6. Miscellaneous Provisions:
a. Notices. Any notice or referral required under this MOU must be personally
delivered, mailed by prepaid certified mail, or transmitted by electronic mail
transmission to the mailing address or electronic mailing address of the MOU Parties
as listed below. Unless otherwise provided above, notice or referral shall be deemed
to be the date of personal delivery, three (3) days after mailing, or the day of
electronic transmittal. The MOU Parties may, for purposes of this MOU, change the
below contact information by giving notice pursuant to this Section 6.a.
Colorado Oil and Gas Conservation Commission
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Attention: Jeff Robbins
Address 1: 1120 Lincoln Street, Suite 801
Address 2: Denver, Colorado 80203
Telephone: 303-894-2100, ext. 5122
Email: dnr.ogcc@state.co.us
Weld County, Colorado
Attention: Jason Maxey
Address 1: 1301 N, 17"' Avenue
Address 2: Greeley, Colorado 80631
Telephone: 970-400-3579
Email: jmaxey@weldgov.com
b. Authorities. This MOU is not intended to supersede existing state or federal law, rule
or regulation. Nothing in this MOU will be construed as affecting the authorities of
the MOU Parties or as binding beyond their respective authorities.
c. Reservations. This MOU is entered into without prejudice to, and without waiving,
any jurisdiction or other rights, powers and privileges of any of the MOU Parties
thereto.
d. Information Disclosure. Any information furnished pursuant to this MOU will be
subject to disclosure to the extent allowed under the Freedom of Information Act (5
U.S.C. § 552), the Privacy Act (5 U.S.C. § 552a), and/or the Colorado Open Records
Act (C.R.S. § 24-72-201 et seq.).
e. Similar Activities. This MOU in no way restricts the MOU Parties from participating
in similar agreements or similar activities with other public agencies, organizations,
or individuals.
f. Separate Activities and Resources. Each of the MOU Parties will conduct its own
activities and utilize its own resources, including expenditure of its own funds, in
implementing this MOU.
g.
Obligation of Funds. Nothing in this MOU shall commit either MOU Party to
obligate or transfer any funds. Specific work projects or activities that involve the
transfer of funds, services, or property between the MOU Parties will require separate
agreements and be contingent upon the availability of appropriated funds.
h. Entire Agreement, This MOU and the exhibit attached hereto contain the entire
agreement of the MOU Parties with respect to the subject matter of this MOU, and
supersede all prior negotiations, agreements and understandings with respect thereto.
This MOU may only be amended by a written document executed by both MOU
Parties.
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By signature below, each of the MOU Parties certifies that it is authorized to act in its
respective areas for matters related to this MOU.
Weld County, Colorado, by and through
the Board of County Commissioners of
Weld County
Mike Freeman, Chair Pro -Tern
DATE: S. Z u 2Qt9
Colorado Oil and Gas Conservation
Commission, by and through Jeff Robbins,
Director
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0 y9 -3F63 (I)
August 2, 2019
OFFICE OF BOARD OF COMMISSIONERS
PHONE: 970-336-7204
FAX: 970-336-7233
1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
Jeff Robbins, Director
Colorado Oil and Gas Conservation Commission
1120 Lincoln Street, Suite 801
Denver, CO 80203
Re: Rescission of Temporary Waiver; Affidavits to Demonstrate Compliance with C.R.S. §
34-60-106(2.5)(a)
Director Robbins:
This letter is to rescind effective August 5, 2019, the temporary waiver requested by Weld
County Attorney Bruce Barker in his emails to you on May 17, 2019, for oil and gas locations in
Weld County. The temporary waiver allows DSU applications, Form 2's and Form 2A's to
proceed with COGCC process without the requirement of first obtaining a WOGLA permit from
Weld County. As you are aware, Weld County's new 1041 regulations regarding oil and gas
development become effective August 5th1. Our intent is to have the waiver be made permanent
for DSU applications and for Form 2A's so they may be processed by the COGCC without first
obtaining a 1041 WOGLA Permit from Weld County. However, we wish for the COGCC to
require such prerequisite prior to approving Form 2's.
It is the understanding of the Board of County Commissioners that the COGCC is currently
allowing Weld County operators to sign an affidavit demonstrating their compliance with
C.R.S. § 34-60-106(2.5)(a), for DSU applications. The Board concurs in such process.
If you have any questions or wish to discuss, please contact Mr. Barker at (970) 400-4200.
Sincerely,
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY
Alti/Ct,
arbara Kirkmeyer, Chair
—Sis
pc: Bruce Barker, Weld County Attorney
Jason Maxey, Director, Weld County Oil and Gas Energy Department
Esther Gesick
From:
Sent:
To:
Cc:
Subject:
Attachments:
Julie Murphy - DNR <Julie.Murphy@state.co.us>
Tuesday, September 3, 2019 12:39 PM
Esther Gesick
Jeff Robbins - DNR; Bruce Barker
RE: MOU
Weld MOU 9.3.2019.pdf
ICaution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Good afternoon Ms. Gesick,
Attached is the COGCC-Weld County MOU signed by Commissioner Freeman as well as Director Robbins. Mr. Barker
asked that I send this to you for inclusion on the Board's consent agenda tomorrow morning. If you have any trouble
with the attachment or have questions, please call me. Thanks,
Julie
Julie M. Murphy, Chief of Staff Et Senior Policy Advisor
Colorado Oil Et Gas Conservation Commission
julie.murphy@state.co.us I C 303.598.7022
From: Bruce Barker <bbarker@weldgov.com>
Sent: Friday, August 30, 2019 10:49 AM
To: Robbins - DNR, Jeff <ieff.robbins@state.co.us>
Cc: Julie Murphy - DNR <Julie.Murphy@state.co.us>
Subject: RE: MOU
Mike was just in and signed. See attached. He and the rest of the Board have no problem with the changes.
I apologize for my email yesterday. I was feeling a little overwhelmed with work and was having trouble thinking it
through fully. Getting a good night's sleep last night helps! :)
All taken care of here. If Jeff can sign and send the signed version to Esther Gesick, Clerk to the Board, that would be
great. Esther's email address is: egesick@weldgov.com
Thanks!
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 400-4390
Fax: (970) 352-0242
1
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Robbins - DNR, Jeff <ieff.robbins@state.co.us>
Sent: Friday, August 30, 2019 9:18 AM
To: Bruce Barker <bbarker@weldgov.com>
Cc: Julie Murphy - DNR <Julie.Murphy@state.co.us>
Subject: Re: MOU
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Bruce,
We are going to take a few days to consider this. The changes are important to us. I'll be in touch next week.
Jeff
On Thu, Aug 29, 2019 at 3:43 PM Bruce Barker <bbarker@weldgov.com> wrote:
Julie:
Thanks. After approval by the Board of County Commissioners, staff got Mike's signature and then were hit up by
various media people asking for copies. They figured it was a public document and sent it out. Although I fully agree
that the proposed changes in your attached redline are non -substantive and actually make it better, the leeway I
normally have of a day or two to make non -substantive changes is gone because of all the attention. I would need to
take it back to the Board for a supplemental consideration. You, Jeff and I see those changes as no big deal but I fear
the heightened interest has made the whole thing ultra- sensitive politically. Any changes at this point could be viewed
with suspicion. So I am reluctant to make any of those changes.
The way I see it is the changes through paragraph 5 are really saying the same thing but in a more elegant and clear
manner (which I do appreciate). If we do not make those changes, the MOU in its current form as approved by the
BOCC is substantively the same as the redline. The addition of the notice paragraph is a good idea; however, perhaps
we could clarify the notice requirements in a letter signed by Jeff and Commissioner Kirkmeyer?
Thoughts?
Bruce T. Barker, Esq.
Weld County Attorney
2
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 400-4390
Fax: (970) 352-0242
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential,
or otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any
action concerning the contents of this communication or any attachments by anyone other than the named recipient is
strictly prohibited.
From: Julie Murphy - DNR <Julie.Murphy@state.co.us>
Sent: Thursday, August 29, 2019 12:33 PM
To: Bruce Barker <bbarker@weldgov.com>
Cc: Jeff Robbins - DNR <ieff.robbins@state.co.us>
Subject: MOU
ICaution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Good afternoon Bruce,
Following my voicemail, I've attached a clean and redline version of the MOU. I understand from Jeff that you could
accommodate some final, non -substantive changes. These changes clarify or better reflect COGCC's process.
If this works, please have it signed and back to me — and we will get Jeff to sign it.
Thanks for your help. I am available to chat before 2 or after 4.
Julie
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Julie M. Murphy, Chief of Staff a Senior Policy Advisor
Colorado Oil a Gas Conservation Commission
julie.murphy@state.co.us I C 303.598.7022
Jeff Robbins
Director
P 303.894.2100 x5122 I F 303.894.2109
1120 Lincoln Street, Suite 801, Denver, CO 80203
jeff.robbins@state.co.us I www.colorado.gov/cogcc
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