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Home My WebLink About20192135.tiff4.1.e -et 6./00 WELD COUNTY E NANCE 201940 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of the County of Weld, State of Colorado that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows.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 Regul: tions 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 Saction 1011 Regulations1041 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. 211-20. 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.Section §24-65.1-101, et seq., C.R.S., ate Interest o Land Use -Commission. B. Findings. With respect to these Section _ 1041 Regulations, the Board of County Commissioners finds as follows: PAGE 1 2019-2135 ORD2019-10 Delete 1 and renumber. 1. The notice -and -public he -a 4n g --re q- tre e n t s --of ct eal- 4 fob wed . '7 have-hBe_n 21. The - Gti-on-1 ®41 Regulations are necessary because of the intensity of current and foreseeable development pressures on and within the County and to promote the healtl n, safety and welfare of the citizens, and to protect the environment and wildlife of VVSd County; - Delete 3 and renumber. The S tion-4Q41--„Re , i o ns A- -d-o -c r to e i- 4 n- -i4e n e - Gi -b-Ls i d l-} ne-s-ad- pte d i d- - a -o the o -r - E , 42. The S-ect-i-o-Pi1041 Regulations apply to the entire unincorporated territory of the County anc 53. The Sec n-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 Seca 21-140. Legal authority. The Section -1041 Regulations are authorized by, i-nt-er 4ia , Se` -ti-on --; 1, et secti , et . ; --3-0-28-2047-et-see.; 29-720,-20 i an o q 7-- i2--1-1 I, _ „ . ' . The Section 1-94 e g u I a t i o ri F a re e e s&a goo e e ry a-t-i o n of the publich e att h, s a--s-7a-n-d-weif a a n d through the Colorado Areas and Activities of State Interest Act "A/8\ lb ), C.R.S. §2465.i -1O1, et sec ; the Colorado Local Government Land Use Enabling Act, C.R.S. 29-20-101, et seg., ncluding, 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 genera welfare of the people of Weld County. Amend Sec. 21-1-40. Applicability. The e-ctiew1041 Regulati ns 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 h;s 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. PAGE 2 2019-2135 ORD2019-10 Amend Sec. 21®1-50. Exemptions. The portions of the c ec4i-n 1041 Regulations authorized exclusively under Section 24-65.1- 101, et Seq., C.R.S., shall not apply to any development in an area .•:f 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. enSec. 21$1-6t Relationship of Section -1041 Regu9 ra re u n re m -t nets. A. More restrictive County standards or requirements control. Whenever the Se ct-n 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. B. Statutory criteria in C.R.S. §24-65n1-202 and §24-65.1-204, control if the Sec 4o -n--1041 Regulations are less stringent. In the event the S-i-ors 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. #ei - 24-65.1-202 and §2465.i204-C.R&3 the statutory criteria shall c ntrol. C. The Section 1041 Regulations control if statutory criteria less stringent in C.R.S. §24m65.1 202 aid 24"65.1-204. In the event the ti n--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. ScAl;on x,24-65.1-202 and §24-65.1-204, C -R.,-,, these Sec -n-1041 Regulations shall control pursuant to the authority of C.R.S. Srion- §24-65.14O2(3).3CFULr. D. TheSec4ion-1041 Regulations set forth in Article V Chapter 21 control in cases of overlapping requirements of this Code. Where the Section -1041 Regulations set forth in Article V of Chapter 21 overlap with other a D licable regulations in this Code, teen the 10/14 Regulations set forth in Article V of Chapter 21 control. the -County's Y q i - gym. ,Lndg o� nang pe--ci I -u t a --S=e c aon 4 0 --- 6 8 fl , CTPCS.,h e Section 1- - u i-d-e-1-i-n e -s an R .g_ , i_a ion --s-k oa r tl , nd a -s _rate -rev . 6th"`w"-'p c ₹ in4 0 Eectai9--'G eP ► di -t e'er i Ys. [ e q n Se an- ti., � off....+ r i a c 0..+ .� as �-x;17 a n _ >d.- �v J\ 4 -R- g44a#oi Whereline -e ct-ion 1041 Rsg u1 - o ns-e- -a-p—w-o-t-h-e o -a p plb-l-e- u -n- y ,sep �� f 7 R p s , a U Cc re g l atte-n s shall be -followed a Z 1 1 '� 9 ! ed GouY Y ts al � 1 E. The Sion -1041 Regulations are in addition to, and not in lieu of, other regulations of the County. The Section n 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. tl S, f ns to .ether county, st .te and Delete F. PAGE 3 2019-2135 RD2010-10 P �,� 'G-i --� e nts 0 h.�er t r a u I r - -' -fin- -S - i - -ee- - c -t' - 1— sg lf-' � Y � � �� .� a -' a �d , d s a �s �.,. writ a -� a a � an, � � �� a'-� �� a �e� � F,�J�..2 co lore a n ce with -2a-1-1— , p i abl s° -ate ano ffed. re - [e - -n o— GF.Other government<I 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 designated area or activity of state interest in the County, the intent of the :E -L aH1041 Regulations is that the Board of County Commissioners shall exercise its authority pursuant to the Ssekgi-1041 Regulations and state statutes to the maximum extent allowable consistent with federal and state law and regulations. enSeca 21-140. -uties of Board of C unto Commissio ==rs. Unless otherwise specifically provided fr, it shall be the duty of the Board of County Commissioners to perform all of the functions set forth in this Article J, and those specified in Articles 11 and -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 Section -1041 Regulations. Any such appeal shall follow the appeals procedure set forth in Section 2-4-10 of this Code. mend Sec. 21-1-9 efinitlons. The words and terms used in these Sean -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.8ect-i- n q24-65.1-401 z et seq., -R,S., and specified in this Article Xmas 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 ilk accordance with the arOvisi0ns of Chapter 23 of this Cody. Division 2 - Designation of Etter ,; ,,4, State interest Air -Lend Sec. 21-1-210. Public hearing required. A. and B. - No change. C. that -the -Co k 8o —La n d- Jsce C n 6_'t'_'f Css4o n-st b 3 a lit -u es 'aa-k t- an a-p 5a 1 ks r4n = or deli nati- n he - a rid--- ' n -CGm i s o ens (- e -h- l 14hi -i y� --dal -er reG4 mend Sec. 214-220. Notice if public hearing, mailing list, publicatirsn. 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: PAGE 4 2019-2135 ORD2019-10 1. P4 C-oIocad- -L an• J-- Us -e- d-e-t-h-e-r-sState 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 I e considers 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, ior idea -t4 ad a - d FAe -ig 1 54 • 1 al b) he-C4or ad ".,d La 1 'ae-Q Remainder of Section — No change. Amend Sec. 214-26 o Aoptln of esl 3 nation and regulatinsm A. thru D. — No change. E. Adoption of regulations ador ted after designation of a matter of State interest shall be enacted by Cooe amendment th rour ado p'ion or a code ordinance chame. Amend Sec. 214-27 Submissl of material to C -slorado La (Repealledi Upon - *tan a- e e a'1 'lono r -d e .; --ai- Rt �� S o , �� .i- g t h e- = ea a pt ' 4.ae-siag natio n--an-d�= °,� �i� s-- -ss-a *--be o- rd• -d-45/ Ba a �a ant y�,s_�,�r_�� }��y p�• �a��o,��,, 5{� ,.,.y,;��y �,�.c^y�. ra��,,�IJ1 � .yc{ p � '/ pp § � R !��y�- Comb A J P � o e 0 s _ t h Col r X11 'ems -tom -' 1 3�2 � ��- I -o -re w, p u B s u m £ 4 Pi -e �-,D' e c 0 n 2'-4t 6 `a 000 e 7' '� ° d' k t v 99�. iIf'dr+Iu °"i aa .�•�� , �. ��.:�. ��i � a � �� -�� <ao)-4ays--aftar--r-ece-ipt--of-a-4e-s4qnat10 -�o n o�-� �--k-e-�- -�-�-� Co d -o -Li -n-d L -a -- -arn - � s s¢ -n -o -t a d the Board- -oaf -C o at n. - - - e- s thLat m a -if -oa i-e n— f the ,,,es-i- -n omt on-- dui $do--4sK--r c i - ° •sd , the —Board of--Count o � r- °�i h a.. I y (29 ;,6 s_af tar re -Go let- f the e re - 1 3 , '�--a b _ d �-�-��'�`��a'��.� e �'� e �'� t ;AM -thin -4h" a � � � I �a c �/'-�' z -re w,'� �-�,, .y 4' g a a �-,• b"-� � �-K-�-' 1. @ a r• --M-od-if. 4he-e-P a- -a4-- rder i n--a---s an net=c- i I- y n L —Fa d Ra 1—ueyo "tea Coma e aka 7 0' ��a n —fr t� w d b Ge e Sa q ' ord-er to —the —C o d use Co i T ; h 2`- iss&onm m- i�d e 9 • F 4 nsa ocr aqd USG-00-Pigr-1sik- G, �o if ii� oL+ erad-o d� d4 is mod' i in m fir' � n th�rc.fl�� 8 '�.d �- i -•wY s-i-e n ! e �f tl 9 8 a Y e 4a. -r J ti Ja ie : are �4.�-v� GGGGG a" '�S Amend Secs 21-1-290. Effect of de&&gnatl n - moratorium until final determinations Except for the 1041 W O&A Permit regulations and orocedures set forth in Article / of his Chapter 21, Aafter 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 Secti-e--4-C.R.S. §24- 65.1-404(4Y-C-.-R.S. ARTICLE II m ' ermlt rr ••egtlataons The permit regulations. set forth in this Arthde H l shall not apply to the repo ula-t ions _ pd orocedures regarding 1041 WOGLA, Perm its set forth in Article V of this Chapter 21. Dhill n 5 - dlnlstrati n, Enforce s, y ent and Penalties PAGE 5 2019-2135 ORD2019-10 nd Sec. 21-2-500. Enforcer.... nt wi n it penaltiso 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 Se -can 1041 Regulations, who does not comply with permit requirements, or who acts outside the authority of the S-� r-1041 Permit, may be enjoined by the County oMhe Col-oc de -Law- U,se-C -m rn s- - 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. ART! LE Ili - Site Seiecti anConstructs of e7, rt rF cU ties f P lic Utility Division 2 - Desin n of Site Sel cti n , ,n Construction f Major Facilities of a Public Utility Amend Sec. 21-3-200. Designation of site selection an onstruction f major facilities of a public utility. The Board of County Commissioners, having considered the intensity of current and foreseeable development pressures, app cab —G-u 4eUnes- fo-r 1 den -f -a kn--an—Desi-g -ati ° adop ed-an-d-i-s-s-ud-by-the _ CoI-o r -d-vo--L d _ Use -GO -RI � i , and the provisions and requirements of these „-aG. an -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. �t Y i New '� ��' ,iY.v � � ; .f -y % � e Ra c for OH s Ex,o] . is � n and i_ A �„� � °9 � E V �' W & hra , i s y Exr ncor ora �d Area of V` c Count' (Del nay:-, s hie s e trc°inn F i „D � T,t� r g...�.. _� i_�ic Area , f State _ fl nt res t lvSSEr. 3 =. nera and 1ntr duct f Prvosins Sec. 21 mloo Pur tse3 intent and authorKya • On tune 10, 20'9, pursuant to the provisions of Article I of this Chapter, tie 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) Areal, through the authority delegated to Local Governments in Section 24-65.1-202, C.R.S.Such designation is contained in Section 2 1-5-200, below. The reg ulations (referred to herein as "1041 VVOGLA 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, at seq., C.R.S.; the Colorado Local Government Land Use Enabling Act, Sections 29-20-101, et seq., C.R.S., inducing, without limitation, Section 29-20- 104 C.R.S.- the County Planning and Buildinc Code statutes set forth in Title 30, Article 28, CR.'S.; . S.; the powers and authorities conferred u oon 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 8.8. 1i9-181. The purpose and intent of the 1041 N -GbA Reglations set forth in this Article III are to: PAGE 6 2019-2135 ORD2019-1 0 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 Count\L Encourage uses of land and other natural resources which are in accordance with their original character and adaptability in Weld County; 0. 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 Countyj_ G. Promote the efficient and economic use of public resources in VVeld County; H. Protect and administer the Mineral Resource (OH 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 sicniticant danger to ublic health, safety, welfare, environment and wildlife in Weld County; 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 (OH and as) Area to balance the rights associatec with property ownership of mineral owners witl r the protection of the environment and wildlife in Weld County and the health, safety and welfare of the citizens of Weld County. X115-2Oo DefinMon m On addition to the terms defined it See hot 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 snail be construed to have the meanings set forth as follows: 1041 WOGLA Permit: means a ,veld OH and Gas Location Assessment permit issued pursuant to this Art cie V.V. Applicant: means the person who p i s for a 1 ) 1 `veld County ; ail and Gas Location Assessment ("1041 VVOGLA") permit. The Applicant may be the Surface Owner or operator. The he applicant may be referred to herein as the "1041 VVOGLA Permittee." Barrel: means 42 (U.S.) gallons at 600 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 OH and Gas Operations to air, water, soil, or biological resources, and to Minimize Adverse Omoacts to public health, safety and welfare, including the environment and Wildlife Resources. eTh PAGE 7 2019-2135 ORD2019-10 Building Unit, for obtaining a 1041 WOGLA Permit, means a Residential Building Unit; and every five thousand (5,000) square feet of building floor area in commercial facilities or every fifteen thousand (15,000) square feet of building floor area in warehouses that are operating and normally occupied during working hours. Buffer Zone: means the area one -thousand (1,000) feet from an Oil and Gas Location as measured from the Oil and Gas Location's disturbance area boundary in every direction. Cement: means a powdery substance made with calcined lime and clay. I is mixed with water to form mortar or mixed witn 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 I 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, treatmer t, or disposal. This definition excludes a facility that is permitted in accordance with COGCC R,. le 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 plats areas adjacent to or directly accessible from the center and is fenced or has natural barriers, suci 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 becme 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. 100231). COGCC: means tie al and Gas Conservation Commission of the State of Colorado. Commercial Disposal Vt/alb' Facility: means a facility whose primarective is disposal of Class II fluid waste (as defined in 40 C.F.R. §144.6(b)) waste from a third party for financial profit. PAGE 8 2019-2135 ORD2019-10 Completion: 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 DPS 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; Cc) 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 Planning Services Director and shall be valid for a period as established 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, excludint j 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 Zone 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 soorts Field, amphitheater, or other similar place of public assembly where ingress to, or egress from the venue could be impeded in the event of an emergency condition at an Oil and Gas Location less than three hundred and fifty (350) feet from the venue due to the configuration of the venue and the number of persons known or expected to simultaneously occupy the venue on a regular basis. PAGE 9 2019-2135 ORD2019-10 gas, rnmary and at the g prior to trans The 1041 WOGLA Heainq Office sn all deter n one whether to establish a DOAA afd9, so, the appropriate bou da roes for he DOAA based or the totaloty of ooroumstances anal corrsistent vA i the purposes of hfis Ate a V. DPS: means the Weld County Department of P in 'e e C no�� s�rvoo�s. 'v DPS Director means the Dorector of the Weld County Deparrtmont of Planning uor ngl Servooes. Drilling Pits: moans those Pits used during dlrol egg operatoons and onotoal CComr letoon of a VNJ, an d l n o ude: its used to contah fluUds during dr onnq oporataons and initial Completion procedu rres, such as drcula tdon Pfts and water storage Pfts. 2. Completion Pits used to Co-rir fitds and solids produced ctinkonotoal Oomplefion procedures and lot oreghra lly constructed f use in drollono. oroeratoons. 3. nowback Pits used to con procedures.. :au u o dl s a n d so ids produced during initial Co +,. Re enie Pits used to store drilling funds for use on &Ming °aerati ns or to contain Waste generated dying drilling oporsToons and 0fr otoa)flp eton procedures. otoon !.` _ xplomt on And Production Waste ("E&P Waste"): means those wastes associated with ojporatoons to locate or remove ooi or gas from the grow ---dl or o rerove rcinpurities fro suer substances and which are „ tura* assodated wo _ c _ � and o:nt fo ne to oil and gas ex P i f �� yl ' � M, � � or ��oon, evolo ar nert, or production operations that are exem st from regi atoon nder Subto e oc mhe !Resource Coiservation and Recover/ Act (RCRA), 42 USC Sections 692' et seq. ' _ or natural He d operations Undude those production -related aotovotoes at or rear the- wellhead as Oant (regard ess of whetnor or not the gas plant is at or near the we head u: )art rt of _ the L atural gas from the gas plant to market. n adttoorn, uHquejt associated wastes droved from the producior stream along the gas Oart feeder Porte nes areconsidered ESP Wasteseven] if a cgo o'7 custody on tie natu'al gas has pccured between the vveihead and the gas plant. addutUon,_ wastes u iquey associated with the o,porations to recover natural gas from underground storage Fields are o d : means the gen p 0 Lad "Held" sha both. The words "RP Stir Waste. era) area which is underlaid or appears to be underlaid by at least one Inc ude the under grond resernvsir or reservoirs oontail oir or gas or nd "pool" mean tre same thorn g when L nl), one underground rreservoorr is or,volvec; however, "iH0&d" unlike "pool " may relate to two o r vino 0 Goo s. Financial Assurance sr call mean a suwrroty bond, cash collateral, oed ioato of deposit, Dotter of cr dt, shIldng fund escrow _ accou nstrrumrmenit or method Un fay general habolity onsrtrance. of a Pit, her on property, seouroty onto d acc table to the DPS Direc est, guararteo, or .other The Corm encompasses noodpla n: means any and area susceptible to being inundated as a result of a flood, noludUng the area of D and over wh ch floodwater would) flow from the spill way of a reservoir. _ The. Eli= MA -mapped loodp ahs are shown) on r _ MA's 0 PAGE 10 r' 1 7 L. fLld and BFIVI maos. 2019-2135 O RD2019-10 Flowline: means a segment of pipe transferring oil, gas, or condensate between a wellhead and processing equipment to the load point or point of delivery to a U.S. Department of rans•ortation 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 i lclude 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 process equipment (e.g., separator, production separator, Tank, heater treater), not including oreconditioning equipment such as sand traps and line heaters, which do not materially reduce line pressure. 2. Production Pining: A segment of pipe that transfers Well production fluids from a wellhead line or sroduction equipment to a Gathering Li ►e or storage vessel and includes the following. a. Production Line: A Flowline connecting a separator to a meter, LACT, or Gathering ins, b. Dump Line: A Towline 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 f lowline°s outlet; c. Manifold Piping: A Flowline that transfers fluids into a piece of Production Facility equipment from lines that have been oined to ether to coming le fluids and 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. Off -Location Flo vline: A Flo\M ne 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 as compressors or gas plants. 4. Peripheral PiiinFlowline 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 Towline: A Flowline on the Oil and Gas Location used to transfer produced water for treatment, storac e, discharges inection or reuse for Oil and Gas Operations. A segment of pipe transferring only freshwater is not a Flowline. Future School Facility: means a School Facility that is not yet built, but that the School or School Governing_Pody 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 satisf ie 1. For_public non -charter Schools, the School GovernincLagjy must affirm the nature, timing, and location of the Future School Facility in writing: or PAGE 11 2019-2135 ORD2019-10 2. For charter Schools, the School must have been jproved by the appropriate School district or the State Charter School Institute, Section 22-30.5-505, G.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 i or 3 For private Schools, the School Governinc 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 build' hg and planning office. Gas Faculty: 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 s transferred to a carrier for transport. Gas Storage Well: means any Well drilled for the injection, withdrawal, production, observation, or mnitoring 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 b the Colorado Oil and Gas Conservation Act ("the Act") Gathering Line: means a gathering Pipeline or system as defined by the Colorado Pudic Utilities Commission, Regulation No. 4, 4 C.C.I. 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.ohmsa.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 Occu a.ncy 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 cefined in Section 17-1-102(1.7) C.R.S., provided the facility or institution regularly serves 50 or more persons; or 2. Ar ooeratinc Child Care Center. Hydraulic Fracturing Additive: means any Chemical substance or combination of substances, including any Chemicals and Proppants, that is intentionally added to a Base Fluid for purrooses of preparing a hydraulic fracturing fluid for treatment of a Well. Hydraulic Fracturing Fluid: means the fluid, including the applicable Base Fluid ana all hydraulic fracturing additives, used to perform a hydraulic fracturing treatment. PAGE 12 2019-2135 ORD2019-10 Hydraulic Fracturing Treatment means all stages of the treat rent of a Well bytthe 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 croduced crude oil or condensate, after processing or treating in the producinc o erations, 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 ty which E&P Waste is applied to soils and treated to result in a reduction of hydrocarbon concentration by biodegradation and other natural attenuation orocesses. Lave Treatment may be enhanced by tilling, disking, aerating, composting and the addition of nutrients or microbes. Large UtviA Facility means any OH 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 Welts; or 2. d ne cumulative new and existinc- on -site storage capacity for produced b drocarbons exceeds fr-thousand (4,000) Barrels. Local Government: means a county (in this Article V other than Weld County), home rule or statutor cit towr, territorial charter cit or cit and count or an soecial district established pursuant to the Special District Act, Sections 32o e -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 trese rules. Minimize Adverse impacts: means, wherever reasonably practicable, to avoid adverse impacts to Wildlife Resources or significant adverse impacts to the environment from On and Gas �perations, minimize the extent and severity of those impacts that cannot be avoided, mitigate the effects of unavoidable remaining impacts, and taKKe into consideration cost-effectiveness and technical feasibility regarding actions and decisions taken to Minimize Adverse Impacts. Minimize Erosion: means iraplementingPs that are selected based on site soecific 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 comoensate for adverse impacts to such resources, including, as appropriate, habitat enhancement, on -site haoitat mitigation, off -site habitat mitigation, or mitigation banking Multi -Well Pits: means Pits used for treatment, storage, recyclinc, reuse, or disposal of E&P Wastes generated from more than one Al) 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 multi Die Wells ma\ be drilled to various bottom -hole locations. PAGE 13 2019-2135 ORD2019-10 Municipal Separate Storm Sewer System (MS4): means an area defined gay 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 OH and Gas Location for the exploration, production, withdrawal, treatment, or processing of crude oil, condensate, E&P Waste, orbs; 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 VVOG LA. 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, ceepening, 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 oreoaring, or reclaiming activities associated with such operations. Oil Well: means a Well, the principal production of which at the mouth of the Well is oil, as defined by the Act. Operator means any person who exercises the right to control the conduct of Oil and Gas Operations. An Operator may be an Applicant for a 1041 WOGLA Permit. The Operator may be referred to herein as the "1041 WOGLA Permittee." 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. 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 whicn 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. PAGE 14 2019-2135 ORD2019-10 Production Faculty: means any storage, separation treatindehydrtion, artificial lift, power supply, compression, pumping, metering, 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 conpleted. Public Water System: means those systems shown and/or listed in Appendix VI of the COGCC Rules. These systems provide to the public water for human consumption through pipes o r other constructed conveyances, if such systems have at least fifteen (15) service connections o r regularly serve an avers e of at least twenty-five (25) individuals daily at least sixty (60) days o ut of the year. Such definition includes: 1. An .g ection, treatment storm 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 nonitorin , Flowline, and other equipment directly primarily in connection with such system. The definition of "Public Water System" does not include an "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 t0 its condition prior to the commencement of Oil and Gas Operations or to landowner specifications. 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 b Oil and Gas O erations and F roxirnate 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 ant the Operator for the purpose of providing baseline information for Reclamation standards, and intended to reflect the desired final Reclamation. Release: means any unauthorized discharge of E&P Waste to the environment over time. Remedial -ion: means the process of reducing the concentration of a contaminant or contaminants in water or soil to the extent necessary to ensure com liance witl the concentration levels in Appendix 21-A and other apolicabl: jground water standards and classifications. Reserve Pits: means those Pits used to store drilling fluids for use in drilling g operations or to contain ESP Waste generated during drilling operations and initial Completion procedures. Residential Building Unit: means a building or structure designed for use as a place of residency by a person, a family, or families. The term includes manufactured, mobile, and modular homes, except to the extent that any such manufactured, mobile, or modular home is intended for temporary occupancy or for business purposes. PAGE 15 2019-2135 ORD2019-10 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 cate 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 Bod ma delegate its rights under these rules, in writing, to a superintendent or other staff member, or to a principal or senior administrator of a School that is in proximity to the proposed Oil and Gas Location. PAGE 16 2019-2135 ORD2019-10 Sensitive Area: re a nos an area vi lnnera Bile to potenntiai significant adverse Groundw itel impacts, due to factors such as the presence of shallow Grourdw8ter or parr sways for cormurfcfa ion with deeper Grow'dwa ter. proximity to sucraoe water, inc uwling lakes, rivers, perennia or intermittent streams, creek, irrigation ca aBs, anal we' ands. Additio Lathy, areas classified for 9��r�l e io use E��y the CCoBor l Water a ty Contra Commission. Ioo (water supply) weflBrlead peroceotnonn areas, areas with n one-eog itr 1 8) cl i e of a domestic water \NS, areas wothin once-quarter;'/4) mfBe of a pub io water supp v We , ground water Cbasonny de&igcated by the ColonPado Grord Water Commission, and surf ace water supply areas are Sensitive Areas. When tre opera for ar DPS Director nas data that as ins pact or th reap ou impact to ground water o r surface water, the DPS Director nrmay req Lore the Operator to make a S;e ssi t ive Area deterninatior ard that determination shah be s uNeot to the DDS Director's approval `-he Sersi' ove Area determhnation shaDD be n ade usino appropriate gaeo og c and hydrogeo odic data to eva Late to ••otertiel for iron pact to word amaiter aso s -ace water, such as scU borongs_ rohitorirg \Alas, or p rcol tio'i tests that demolstrate tna!: seepage evil not reach undeiyhg pround water or Waters of the State and i pact CJr or ture uses Ora trese waters. Ope Pa 1.o rs sh aII sub ' it data eve uated and annal ysis used in the determination to the DRS director. operaflors one Sensffive Areas Khali rcoro ,rate adequate measures and contra s to prever t si nif csnt adverse ervironmensh impacts and ensure carp fiance wC:h tre oo ioenbrm con eveJs irAjpperdix 21-A, with considerati:. r1► to VVQCC standards and c assificatioss. Sensitive VVlld/i e Habitat: mears the wold0ofe habitat areas inn Weld County shown it A pen d x VflB to the COGCC CC Rubes. Any changes to Restricted Su 041 VVOGLA Permits approved to the COGCC Rules. Solid Was e: means any garbage refu plant, ar poDBution control fad it y, or Otier cscarded materiaflg inn udirg so id, floc co sla finned gaseous matena re5ultit from-- flndfluast ria; operatoors, car meroial comrunnOt y activities. Solid Waste does not indude a / solid or dsolved materia (lace Occupancy Areas shah not affect rigs to the effective date of arm changes to said Appendix Vfl fl fl se sludge from a waste treatment p ant, water SI np0y un'd, scmso La., or shido s or Thiesaoc sewage, or agriouitura wastes, _ or _ so tl or disco veil nate is s r trio at ionn return flows or ndlustrial cliscflharges which are jpoinnt s urces =u jec x� permits under the provisior s of the Colorado Water Qua Cofi trial Act, Togo 25, A[(tole 8� C.Q.S. or materia s handed at facOBotoes icensedl pursuant to the provisions on rag a pion contrail On =Jis We 25, Article _ 1 1, C f.S. Solid Waste does not inncfl'u d e : contrail ire The 25, ateriais handled at fad hies licensed pu-Psu Ufa nt to the provisions or ra liation�. / irti'c shredded circuit boards t ,e C.R.ti ., (b) excLLded scrap metal that is toeing neojyo _ . or c) i oil are berg recyc ed. Solid Waste Disposal: means the storage, treatment, ufi of So id Wastes. $peciai Purpose Pits: mea PiLs u izatoon, rprocessUnq, or f na d sposaB sed On O01 a Gas Operatiors, inncludinng Pits reita Led to produced water FBowlines or associated with storage facilities whicn constitute: . Blowdowwn Pits used to collect materia emptying a r (lop systems. Flare Pits Waste from gathering, processtoi and resuiti ressurizinq, of Weifls, vess nsed exclusovelor flaring gas. el IF C or L PAGE 17 10 Ow inciud ng but not limited to, the Ones, or I _ &P Waste from gatherrng 2019-2135 ORD2019-10 3. Emergency Pits used to contain liquids during an initial phase of emergency response operations related to a Spill/Release or process upset conditions. 4. Basic Sediment/Tank Bottom Pits used to temporarily store or treat the extraneous materials in crude oil which may settle to the bottoms of Tanks or production vessels and which may contain residual oil. 5. Workover Pits used to contain liquids during the performance of remedial operations on a producing Well to increase production. 6. Plugging Pits used for containment of fluids encountered during the plugging process. Spill: means any unauthorized sudden discharge of E�.F 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 VI a delineated Field to known productive horizons shall not be classified as "stratigraphic." Neither the term "Well" nor "Stratic ra ohic Well" shall include seismic holes drilled for obtaining ceophvsic al information only. Surface Owner means any Person owning all or part of the surface of land upon which Oil and Gas Operations are conducted, as shown by the tax records of the county in which the tract of land is situated, or any person witn 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, _ocal 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. Surface Water Intake: means the works or structures at the head of a conduit through which water is diverted from a Classified WateLSLppJLQment and/or source (e.p., 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 Ma P. Tank: means a stationary vessel constructed of non -earthen materials (e.g concrete, steel, plastic) that provides structural support and is designed and operated to store produced fluids s E&P Waste. Examples include, but are not limited to, condensate Tanks, crude oil Tanks, produced water Tanks and can Barrels. Exclusions include Containers and process vessels such as separators, heater treaters, free water knockouts, and slug catchers. PAGE 18 2019-2135 OR®2019-10 Urban Mitigation Area (" UMA'): means an area where: (A) At least twenty-two (22) Building Units or one (1) High Occupancy Building Unit (existing or under construction) are located within a one -thousand (1,000) foot radius of the proposed Oil and Gas Location; or (B) At least eleven (11) Building Units or one [jjHgh Occupancy Building Unit (existing or under construction) are locatec within any semi -circle of the one -thousand (1,000) foot radius mentioned in subsection (Al above. Use: means any purpose for which a s� ructure or a tract of land may be desic ned, 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 State: means waters pursuant to and consistent with color ado Revised Statutes and Federal regulations enacted pursuant to the Feoeral clean Water tact. Well, when used alone in these regulations, means an oil or Gas Well, a hole drilled for the purpose if produchg oil or gas, a Well into which flubs are insecteQ, a Stratigraphic Weld as Storage Well, or a Well used for the purpose of monitoring or obsemna_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 \Nell ano its associated Well pad. Wildcat Explorato Well: means any Well drilled beyond the known producing limits of a pool. Wildlife Resources: means fish, wildlife, :end their aquatic and terrestrial habitats. All Other Words used herein shall be given their usual customary and accepted meaning, and H words of a technical nature, or peculiar to the oil and gas industry, sggall be given that meaning which is cenerafly accoaccepted in _ said oil and c as industry. o abal\ an erali Sego A. A Weld Oil and Gas Location Assessment pursuant to this Chapter ("1041 WOGLA") requires additiona consideration to ensure the Oil and Gas Facility and Oil and Gas Location are developed in a manner that con nplies vknth various Development Standards set forth in Section 21-5-320 E. and ivisibn 4 of this Article v and,proyides compatibility with uses located within one -thousand (1,000) feet of the OH and Gas Location (irciuding Schools and Child Care Centers within one -thousand three -hundred twenty (1,320) feet of the Oil and Gas ocation). The 1041 WOGLA Permit is designee: to protect and promote We d County's environment and wildlife and the health, safety and welfare of the present ant future residents of the County. B. A 1041 VAVOGLA Permit is required after August 1, 2019 for the construction of oil and gas facilities in all zone districts. C. No Oil and Gas Facilit shall be cnstructed in any zone district until a 1041 WOGLA Permit las been granted by a 1041 \IVOGLA Hearinc Officer pursuant to the 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: 1. Any new OH and Gas Location, u eaninq surface disturbance at a previously undisturbed site; PAGE 19 rocedures set forth in 2019-2135 ORD2019-10 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 Ht where there is no risk of condensate accumulation, to any existing Oil and Gas Location D. DPS shall not issue a building permit for any Oil and Gas Facility in any zone district until a 1041 WOGLA Permit nas been granted. E. No 1041 VVOGLA Dermit shall be required for: 1. An Oiand Gas acility for which an application on a Form 2A has been submitted to the C dG CC on or oef ore February 1, 2017. 2. Routine Well operations, including, but not limited to, swabbing, workovers, refracs, recompletions and normal repairs and maintenance of an existinq 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 tie 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 anOperator filing an application for a 1041 WOGLA Permit shall comply with Article V and A tide Xl of Chapter 23 of this Code if the proposal is located withii any Overlay District Area or a Special Flood Hazard Area identified by maps officially adopted by t h e County. -1iplications for a 1041 VVOGL A shall be completed as set forth in Section 21-5-320 of tl is Article V. The completed application and oplication fees shall be submitted to the DPS. I. The BPS may require an Applicant to submit an Improvements Agreement for the construction of required improvements to mitigate impacts caused le Oil and Gas Facility. The improvements Agreement shall be made in conformance with the County policy for improvements and agreements and must be aoproved by the Boarc of County Commissioners prior to operation. J. The review, consideration and issuance of a '1041 WOGLA is an administrative nearing 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 not 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 inapplicable to permitting of oil and gas development in Webs county. K. Information regardinc the status of or facts and circumstances rearding an a D,proved 1041 WOGLA Permit, including any desired changes or modifications, may oe transmitted by a 1041 WOGLA Permittee to the DPS Director via electronic means. PAGE 20 2019-2135 ORD2019-10 Sec. 21-5-40. Re at ns E p of 1041 WOGLA Re requirements aft` thi o ffin vas ax 0 s-x��, �,.� other p�,(p �Ip rg'� j�(n �+ etate, 6y�(�` 4��,+� an v�y: j'' r� n(j� ,�� N ��ew{{ t a onV to other c�.Junub�'p�9 s aii.e9 an r uke"L'e1J oration and extraction. A. Nothing in these 1041 WOGLA Regulations s all 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 Re ulations are written in pad, according to the authorityranted 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. La 2. T he location and siting of OH and Gas Facilities and OH and. Gas Locations; rn acts to public facilities and services; . Water c uality and source, noise, vibration, odor, li ht, dust, air emissions and air quality, land disturbance, Reclamation procedures, cuhtural resources, emergency prepareaness and coo ydination with first responders, security, and traffic and transportation impacts; . Financial securities, indemnification, and insurance as a oropriate to ensure corn aliance with these 1 041 WOGLA Regulations. 6. All other nuisance -type effects of oil and gas development addressed in these 1041 WOGLA Regulations; and 7. therwise planning for and re ulatinc the Use of land so as to provide alarmed and orderly Use of land and protection of the environment in a manner consistent with constitutional riphts Because these 1041 WOGLA Regulations are written pursuant to the authorities granted to Weld County in Te AASIA and specifically the express authorities set forth in Sections 24-05. ° -202 and 24-05.1-402, C.R.S., to adopt Guidelines and regulations governing oil and gas exploration anci extraction in ld County, to the extent these 1041 WOGL Regulations are inconsistent with the regulat ons or the COGCC regarding any of the areas and topics regarding oil and gas exploration and extraction in Weld Count listed above, these 1041 WOGLA Regulations control. C. Pursuant to Section 34-60-131, C.R.S., i` is the intent of the Board of County Commissioners to regulate of and gas exploration and extraction in Weld County cooperativeky with the COGCC, deferring regulation of the areas and topics re. arding oil ano gas exploration and extraction not addressed in these 1041 WOGLA Rem lati0ns to the COGCC. PAGE 21 2019-2135 ORD2019-10 ovI& on, 2 = IN es gnat on of area of state interest Wry _.�..�� -M. -- - - . ....1 Se=5=200. Designation of the entire unincorporated area of Weld County as a mineral resourc oFianand 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. 21-5-2° O Boundaries of area coveredlty ide S he entire unincorporated area of Weld County has been designated as a mineral resource (099 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 Rep ulations. Sec. 21-5-220. Reasons for designation. Because oil and gas resources are found throughout the unincorporated area of Weld County acid 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. T o regulate oil and gas development in a manner that respects local values protects the heath 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 30. No rm raton ms It is the intent of the Board of County Commissioners tnat 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 ameidmen.b:. 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. MvSsion 3 t a� 041 WOGLA Permf Program for OE and Gas E ap�lora on and E:racU n pro Area PAGE 22 2019-2135 ORD2019-10 Sec. 21-5-300._ Prohibffion on expt ration or extracUon o ooW and gas va°n the _ inerl Resource (O ana Gas) Area without �fv .041 OGLA FF n� e r �� L� }�� n rear —t r��s=—asa.ffim 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 Regulations. B. No local authority, including the Coup` �� 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 Keoulations. Esc. 21-5-310. r' roced ral ria=ufttirnents. ermit pursuant to these 1041 WOGLA Tne procedures concerning permit applications, notice, and corduct of 1041 WOGLA Permit hearings, review of Board of Canty Commissioners decisions and issuance and content of permits for exooration or extraction of oil and as within the Weld Mineral Resource (Oil and Gas Area shall compjuly with the provisions set forth in this Article V. Seca 21-5-320. Ap Uc t on r opanements for ludil WOG A P ot0 A 1041 WOGLA Permit application shall be submitted to DPS for processing and determination of whether the ao Dlication is corn olete and in compliance with the requirements of this Section. Upon the Applicant's or DPS Director's request, made either before or after the submittal of the application there may be an application meeting between the Applicant and DP, which may be accomplished through a face-to-face meeting, electronic mail exchange, or conference call, as determined by DPS. The purpose of the application meeting is to ive 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 DPS. The application shall include the following: he name, address, and telephone n Imber of t le Applicant. 2. Legal description of the OH nd Gas Location under consideration a. Total acreage of the OH and Gas Location. 4. Existing Land Use of the ro erty where the OH and Gas Facility will be located. 5. Present zone and overla\ zones, if appropriate. 6. A finalized list of the Oil and Gas Facility components. 7. Signature of the Apolicant. B. Certification that notice of the application for the 1041 WOGLA Permit has been delivered to Building Unit owner(s) located within one -thousand (1,0001, 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 any _ School 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: PAGE 23 2019-2135 ORD2019-10 The App cant syea d'ehhvor a 104 ‘\ VOGLA Permit rnooco to the fo owing parties: 9iOdUng Unit owners 0ocated0 wotr on one thousa 11 CO) feet of the OH and Gas oc - to o r (as deterrinod by VAidd Lour ty _ ssessors record at t o omo of r Ace); the We d con i Lty GD and the GD's for oca0 Governments Oocated ‘Mt nor l one-.oLJsand0 (/ ,300 a6A o°r loss of the 000 and Gas ocfloo l; and tneprorncopa0 or senoor adr n onostrator, and Scnoo CGovormorng Body of any Schoo or Child Ca from the Oo they Cou �lst ros,po re Center or located wit'h orne= no, sand three hujrd0 med twerty C ,320) feet or loss and Gas _ocatUon. The 104i \NOG A errnot rotoco shall inform the rocopoonts n 0 n writ g wUth comments and/or concerns to [ o" the Operator and the nty withn t iery=eo Permit notice shall oco apphcat o . The n The 1041 h 2 days o f rece 0 r ni o r not WOG ocatiorn and a gene n the nonce. Do ore than sox (6) months prior to s Per not notice sman Ondude the foe a0 descrop fl o rig of t o an 0 4 aped date operations 'M A "notification zone" d corn ]vo I or she 04 V�/ O G A bnatthg a COGCC permit ovnorng information: e proposed 000 and gas facffifies. mence by calendar cuartor and yea awing showing the names and addresses of oorr=ope t 9 owners a Local Governments whose properties or jurosddoctoona0 bow'd0aroos are Oocated will* ono -thousand throe -hundred twenty (1 320) feet of the OH and Gas Location once dng schools and Cho0d Care Centers proposed access map, oncOudor Jg off-sri o hay 0 route(s). o haul route map shall show the op• prso0rouloback iotonearest Cou or nearest highway. tv designated cofoctor or aderoa0 roads% 5. A dOrGwor j showing the Oo0 and Gas kaco0oty and dUsturbedO a reas. e d9rawon 1 sha boa scaled drravvong, or scaled amid photograph showorg tre approxorna e o.,fiffine of tiro a ^d Gas _ oca Loon and a 0 We s and/or pwoduc ion fa cffitUos used for me surorg dosta:cos sra F be a t c -ed0. _ _ _ The drawing shall oncdudo a00 vosoNe improvro' is wog an one - thousand throe - honzon��a hundred twen y (1, 320) feet of the proposed distance nce and approArnato hearing from the Oo a nd Gas 0 ocation, W M and Gas Facilities.yrsNe oar orrovomorss shaD onolud0 e, but not be onUted0 to, all bun dings and pr oper�hoos, publochv maontahed> roads and trrao sL fences, above -ground utility ones, rafi roads, Pocolor ins or Ape he markers, mines, Oo Welts, Gas Wens, onnochoon of s, water wol s known to the operator end those registered wo r the Coilorado State Engineer, fmown spro rigisjpllugged9 Was, known sewers wotb manholes, saeiding bodes of water, an 9 natural channels, orncludnc_p« � � rnor t canals ard ditches hrougn winch water ma flow. trere are no vosob e or-iniprovoments with ono -thousand throe-hjnd0red twenty 320) foe of a proposed OU and Gas 0 ocatio n, o� shall be so noted on the map. _ e r ocatoon Dra\Mrcq shaU also one ude the proposed accesses, andproposed rnD ogatoo2 measures. 6. A Dist of the O9 and Gas Facffii' components. T. A statement chat the notice recipient may request a meeting to discuss the proposed on and Gas II _ ad 8. Ore ity Fo, contacting the County or the Ooorasor. rator and Cou "Of contact i Irl f o rnn a,Jon: o n: a. After notice rs rocorvod, additfiona information or proof of notice ma / e requested by the counjcf. Based on site specific considerations, Co,nty may request that addfdorral parties be included no:ofocatoon. PAGE 24 2019-2135 ORD2019-10 b. A uildinq Unit and/or property owner within one -thousand three -hundred twenty (1,320) feet of a proposed Oil and Gas Location who wo yid be eligible to receive a 1041 WOGLA Permit notice may, through letter delivered to the DPS Director, waive future receipt of such notice(s). C. 9. A statement that the Applicant will consider reasonable mitigation measures proposed by the notice 'ecipient to address incremental impacts of the proposed Oil and Gas Facility ing a part of the cumulative impacts caused by oil and gas development within the one - thousand three -hundred twenty (1,320) soot radius 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, includinc Wildlife Resources, from such activities, Operators are encouraged to initiate and enter into Comprehensive Drilling Hans whereat 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-hu idred twenty (1,320) feet of the proposed Oil and Gas Location, with a horizontal distance and approximate bearing from the Oil ano Gas Location siall be attached. Certification in the application that a SUA or other document, includi lc, 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 a rplyinp, for the 1041 WOGLA Permit, the Applicant shall proceed with the 1 041 WOGLA Permit process and shall provide a statement in the 1 041 WOGLA Permit application that it is currently in SUA, or other ac reement [-lea A s, and that it will provide any necessary financi. I security which may be required by these 1 041 WOGLA Regulations. D. A statement which explains that the application complies with Article V and Article XI of C iapter 23 of this Code, if the proposal is located within any Overlay District Area or a Special Flooc Hazard Area identified by maps officially adopted by the County. F. A statement which provides evidence of compliance with the following standards and the Development Standards set forth in Division of this Article V: 1. Oh and gas facilities shall be located ao 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, inclu ckn g unpaved county roads when iecessary and in consultation with the County's Department of Public Works. 3. Traffic reduction measures shall be utilizin fresh water su i\ _ Pipelines em ° \ed by Operators when feasible, such as r pletions and the use of centralized storage facilities and/or transmission of crude oh via Pipeline. caul routes sh li be Dead gated and developer in cons ultatiorwith the count Municipalities, with roadways which are part of he haul routes, should be induced in such consultation. PAGE 25 2019-2135 ORD2019-10 5. Liquid and Solid Wastes shall be stored and removed for final disposal in a manner that protects against surface and Groundwater contamination. See aoolicable Sections of ivisior4 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. Noise from drilling, 'Completion activities, and production shall comply with the noise limits set forth iSection 2j1-5-435 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 mitictation measures shall be considered and employed when feasible. See Section 2 -5-410 of this Article V. 10. Site security measures shall be employed as necessary. 1 ` . The OH and Gas Facilisy snail be maintained in such a manner to prevent noxious weeds. See Section 21-5-400 of this Article V. 12. Weight limits. No travel vehicles associated with the 104d WOGLA Permit may exceed the weight restrictions set forth in Chapter 12, Article OH of this Cade for required specifications for pounds=per-axle and axle confia_ .rations 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 require° for any work occurring within County ROW. No work within County ROW shall occur without such ROW Permits beinci 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 dra activities. If the access point is under the jurisdiction of a Local Government other than Weld County, proof of access from 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 topographical map showing all surface waters and riparian areas within one -thousand three -hundred twenty (1,320) feet of he proposed OH and Gas Location,. with a horizontal distance and approximate bearing from the Oil and Gas location, shall be attached. H. A statement describing the kind of vehicles (type, size, weight) that will access the Oil and Gas zacility 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/V (Roundtri •=1 trio 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 (ao. 50% of traffic will come from the north, 20% from the south, 30% from the east, etc.) . PAGE 26 2019-2135 GRD2019-10 4. The time of _day when the hoe hest traffic volumes are expected. If the crilling waste (cuttings and fluids) will be disposed of on the Oil and Gas Location, including a statement cescribing the location and disposal method. I. A certified list containing the names, addresses and the corresponding Parcel Identification Numbers assigned by the County_Assessor of Building Unit and property owners within ones thousand three -hundred twenty (1,320) feet of the Oil and Gas Location (including Schools and Child Care Centers). The source of such list shall be the records of the County Assessor, or an ownership update from a title, abstract company, or attorneyderived 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 thirtyj30) days of the application submission date. J. Where an authorized legal aent signs the application for the Oil and Gas Facility on behalf of Applicant, evidence of a power of attorney or other authorization for the signature of the legal a ent must be provided. Fr a copy of the sJA is provided with the application, then the SUA fulfills the requirement of providing an autnorization form. A Road Maintenance Agreement REVIA or Com rehensive Road Maintenance A reements are required for a 1041 VVOGLA Permit. It applicable, an off -site lmorovernents Agreement executed by the Applicant in accordance with the County police and documents for collateral for improvemeflts shall also be required. The Applicant shall consult with the Weld Count ° Office of Emergency Management to put together an Emergency Action Play n M. A statement showing 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 \tell or Production Facility proposed or existin oa 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 utiuity, railroad, and property line. 2. A minimum of four (4) color photogr, one (1) of the staked location from each cardinal direction shall be attached. Each photograph shall be identified [DI : date taken, \Nell or location name, and direction of view. A list a: major equipment components to be he Well(s), includi ancillary equipment and a description of any Pi sed in con unction with drillinQand operating all ranks, Pits, flares, combustion equipment, se-earators, and other relines for oil. asor water 4. The Natural Resources Conservation Service ("N CS") soil mao unit description for the Oil ano Gas Location. PAGE 27 2019-2135 ORD2019-10 5. For Reclamation purposes, the designation of the current Land 1/4,se(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 durinc 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 DPS any time up to twelve (12) months after the granting of the 1041 WOGLA. 6. Where the proposed Oil and Gas Location is for multiple Wells on a single pad, a drawing showing_ r�oposed wellbore tra-ectory 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 inoication 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 rec uested 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 School or Day Care Center, the following information shall be attached: a. A Waste Management Plan; and b. Evidence that Building Unit owners 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. PAGE 28 2019-2135 ORD2019-10 14. A scaled facility l out drawing depicting he location of all existing and proposed new Oil and Gas 1---=acilities covererby the application. Such additional information as my be r guired by ` BPS, including, but not limited to, additional data as reasonably required by DPS resulting from consultation with the Weld County Department of Public Health and Environment or Colorado Parks and Wildlife. see 2 0 50 DPS I 4 review of 1041_ W' OGLA Permit ap alicat n. DPS shah review the 1041 WOG_ A Permit application to determine if it is complete. Such review shah occur within seven (7) days of the filing of the application. Upon completeness determination by the Des Director, he or she shall send notice of a hearincjfor the 1041 WOOLA Permit application before the 1041 WOGLA Hearing Officer to 'wilding Unit owner(s) located within one -thousand throe-huncred twenty (1,320) feet or less of the OH 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 OH and Gas Location; and to the referral agencies listed below. Such notification shah be mailed first-class by DPS at least thirty -seen (37 days prior to the date of hearing. The DPS Director shall also prepare legal notice for the hearing to be published in the newspaper designated oy the Board at County Commissioners for publication of notices. The date of publication shall be at least tiirty-seven (37) days prior to the date of hearing. The mailed and publis'icd notice shall inform the reader that he or she may apply for intervention in the manner set forth in Section 21-5-340 Al, below. DPS shall be responsible for the following_ A. Refer the application to the followin agencies, wren applicable, for review and comment. The agencies r9amed shall respond within twerty-eight 28) days after the mailing of the application by the County. The failure of any agency to respond within twenty-eight (28) days sh}�l be deemed to be a favorable response to the Planning Department. The reviews and comments sohc°ited by the County are intended to provide the County with information aoout the proposed WOGLA. The reviews and comments submitted by a referral agency are recommendations to the 1041 BOG LA Hearing Officer: 1. The olannina commission or governing body of an Local Government those boundaries are within one -thousand three -hundred twenty (1,320) feet of the -il and Gas 1aocatioe 2. The vveld County Department of Public Health anc E 3. The Weld County Department of Public Works. he Colorado Parks a el ildlife. vironment. 5. The COGCC. 6. The appropriate fire district(s).. 7. Ay irrigation ditch company with irrigation structures of record that are on or athacent to, the OH and G a s Facility. To any other agencies or individuals to whom DPS deems a referral necessary. PAGE 29 2019-2135 ORD2019-10 B. Prepare staff comments addressing all aspects of the application, its conformance with the Weld County 'Code in effect at the time of fiiinc of the application, sound Land Use plannin practices, comments received from agencies to which the proposal was referred, and the standards contained in Section 21-5-320 E. and Division 4 of this Article V. Such comments shall be provided to the 1041 WOGLA Hearing Officer for consideration as evidence in the hearing. C. Charge a reasonable fee that covers costs incurred by Weld County for DDS 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 .GLHea °an k A. Participation in the 1041 WOGLA Hearing. The 1041 WOGLA Permit Applicant and any person or entity who has Teen Qranted intervention by the 1041 WOGLA Hearing Officer shall have the right to participate formally in the 1041 WOG _ A 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 DPS 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 aggrieve y the granting of the 1041 WOG? A Permit. Application for intervention must include the f&lowin. a. the docket number of the 1041 WOGLA Hearing; b. _egal 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 WOGI..A Hearing Officer. 3. Any statement provided by a person not granted intervention wi l be considered a writei comment to be included in the 1041 WOGLA Hearing record but not considered by he 1044 VVOGLA Hearing Officer as evidence. PAGE 30 2019-2135 ORD2019-10 Conduct of 1041 WOGLA Hearin 1041 WOGLA Hearings shall be conducted informafly with as few technical requirements as possible. The 1041 WOGLA Hearing Officer shall control the evidence taken during a hearinc in a manner best suited to fully and fairly develop the relevant evidence safeguard the rights of an parties, and ascertain the substantive rights of the parties based on the merits of the issue(s) to be decide° . 2. Participation by the parties and/or witnesses by telepho le or other e&ectronic eans shall be at the discretion of the 1041 VVOGLA Hearing Officer. 3. Postponements of hearings shall not be granted without the showing of necessib by the 1041 WOGLA Hearing party requesting the postponement. C. Decision of the 1 041 WOGLA Hearing Officer. Upon the conclusion of the 1041 WOGLA Hearing, the 1041 VVOGaA Hearing Officer shall: 1. Grant the 1 041 WOGD A 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. Os nform the participants of his or her decision. ime decision of the 1041 WOGLA Hearing Officer shall be clearly se; forth on the bottom of the 1041 WOGLA Permit application. ntorm tie participants that such decision may be appealed to the Boar° of County Commissioners pursuant to the appeal procedures set forth in Section 2-4-10 a this Code. Pursuant to Section 24-68-101(1)(a), C. .S., with the intent to ensure reasonable certaintL 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 aporoved 1 041 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 propel ri ht, as aefined in Section 23-8-20, upon the Completion of the notification reouirernents 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. C.R.S. Sec. 21-5=350. Co m U a n e lAnth 1041 WO ,&ffindards. An Applicant for a 1041 WOGLA shall domonstrate conformance with, and shall continue to meet, the 104 \fit/OGLA 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. PAGE 31 2019-2135 ORD2019-10 -5=36 O h a n i e'�ri' .� :!r? d term i.i iaton of use. A. Major changes from the approved 1041 WOGLA °ermit shall require the approval of a .yew 1041 WOGLA Permit by the 1041 WOGLA Hearing Officer. DPS is responsible for. determining whether a major change exists, in which case a new 1041 WOGLA aaplication and processing shall be required. Any other changes shall be filed in the DPS in the approved 1041 WOGLA file. 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 DPS Director may grant an extension of time, for good cause shown, upon a written request. Sec. 21-5-370. Rescis & procedures, A. If at any time following the approval of a 1041 'WOGLA the DPS determines mat 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 DPS Director shall notify jhe 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 cornply 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 hearng 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. S to investic ation, Remediation and closure. A. General site investication and Remediation recuirements. 1. Sensitive Area Determination. Operators shad complete a Sensitive Area determination in accordance with COGCC Rule 901 .c. 2. Sampling and analyses. Sampling and analysis of soil and grounc water shall be conducted in accordance with COGCC Rule 910. to determine the horizontal anc vertical extent of any contamination in excess of the concentrations in Appendix 21-A. �! anagernent 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 rernediated. Ground water that does not meet concentrations in Appendix 21=A shall be remediated. PAGE 32 2019-2135 ORD2019-10 6. Reclamation. Remediation sites shall be reclaimed in accordance with Sections 21-5-545, 21-5-555, and 21-5-500 of this Article V. 7. Surface Owner's desires. Remediation by an Operator shall take into consideration the wishes of the Surface Owner. B. Workplan. Operators shall prepare and submit for prior DPS 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 impEcted ground wager in accordance with COGCC Rule 910.b.(4). C. Multiple sites. Remediation of multiple sites may be submitted on a single workplan. a. Closure. 1. Remediation and Reclamation shall be complete upon compliance with the concentrations in Aopendix 21-A, or upon compliance with an approved workplan. 2. Notification of completion. Within thirty 30 days after conclusion of site Remediation and Reclamation acivities Operators shall provide notification o completion to the DPS Director. Release of Financial Assurance. Financial Assurance required by Section 21-5-4z5 may be held b / the DPS Director until the required Remediation of soli and/or ground water impacts is cone Meted in accordance with the ajaprovec workplan„ or until clea iup goals are met. Sec. 21-5-390. Tr nsfera i flt of 1041 V GLA Per ifnt Once issued, 1041 WOGLA Permits are transferable to a new Operator. The new Operator takes submect to all terms and conditions of the 1041 WOGLA Permit ano shall be considered the Responsible Party. Within thirty (30) days of transfer, the new Operator shall notify the DPS irector and the Surface Owner in writing of the name, business address, and other contact information of the new Operator. P&vs$pTjQ41..Wc!CLA..Fermjt Deiebament st ndarsa Seca 2` -5-400 weed co tro During drilling production, and Rec amation, all disturbed areas shall be kept as free of all undesirable plant species designated to be noxious weeds as practicable. VVeed control measures shall be conducted in compliance with the Colorado Noxious \Need Act Sections 35- 5.5-'101, et seq., C.R.S. if applicable, the 1041 VVOGLR Hearing Officer may require a weed control plan. PAGE 33 2019-2135 ORD2019-10 Sec 21-5-405 UUh ►nn To the extent racticable, site light ting shall be directed downward and inward and shielded to avoid glare orn public roads and Building Units within one thousand three -hundred twenty (1,320) feet. The l,,n-n ns associated with the site lighting may be limited by the 1041 WOGLA Hearing Officer as a means of providing mitigation. Sec 21-5410, gs aL act naalon. 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 Cobr Coding System), and with colors matched to but slightly darker than the surrounding landscape. Seca 2t=5=415 Fugitive dust. Operators shall employ oractices 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 durin h -wind dam,; and magnesium chloride, water, and silica dust controls when handling sand used in nyoraulic fracturing operations. Additional management practices such as road surfacing, wind breaks and barriers, or automation of Wells to reducetruck traffic may also be recuired if technologically feasible and economically reasonable to minimize fugitive dust emissions. Sec. 21-5=420. Odor. Oil and Gas Operations shall comply witn the Colorado Department of Public Health and Environment, Air Quality Control Commission, Regulation No. 2 Odor Emission, 5 C.C.R. 1001- /, Regulation No. 3 (5 C.C.R. 1001-5), and Section XVI1.B.1 (a -c) and Section XII of Regulation No. 7. Sec. 21-5425. Production e_tlo ni and opennso in addition to any applicable requirements set forth in his Article V, Operators must comply with the requirements for production equipment and operations set forth in COGCC Rule 805 b. (2). Sec. ,9 -5=430= '''',;sell Com letions In addition to any applicable rec uins,ments set forth in this Article V, Operators must comply with the requirements for Well Comp9etions set forth in COGCC Rule 805 b. (3). PAGE 34 2019-2135 ORD2019-10 Sec. 21-5-435. Noes A. Oil and Gas Operations at any Well Site, Production Facility, or Gas Facilit. shall comply with the following maximum permissible noise levels. ZONE 7:00 a.m. to next 7:00 room. 7:00 3.m. to next 7:00 am. Residential/ Agricultural/Rural Commercial Light Industrial Industrial 55 db(A 50 d b( A 60 db(A) 70 db(A) 80 db(A) 55 db(A) 65 db(A) 75 db(A) The type of Land Use of the surrounding area shall be determined by the DPS 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 oeriod. The allowable noise level for periodic, impulsive or shrill noises is reduced by five (5) dB (A) from the levels shown. 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 rip, 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 li ht industrial standard ma be applicable. D. Pursuant to inspection or upon receiving a complaint from a nearby property owner regarding noise related to Oil and Gas Operations, DPS shall conduct an onsite investigation and take sound measurements as prescribed herein. E. The following provide guidance for the measurement of 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 fib (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). PAGE 35 2019-2135 ORD2019-10 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 oround d level. 4. Sound levels s€ all be determined by averaging minute -by -minute measurements made over a minimum fifteen (15) minute sample duration if practicable. The sample shall be taken under conditions that are representative of the noise experienced by the complainant (e.g., at night, morning, evening, or during special weather conditions). 5. In all sound level measurements, the existing ambient noise level from all other sources in the encompassing environment at the time and place of such sound level measurement shall be considered to determine the contribution to the sound level by the Oil and Gas Operations. F. In situations where the complaint or onsite inspection indicates that low frequency noise is a component of the problem, the DPS 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 DPS 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 DPS 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. l All OH and Gas Facilities with engines or motors which are not electrically operated that are within four hundred (400) feet of Building Units sham be eouipped with quiet design mufflers o'n equivalent. NI mufflers shall be properly installer and maintained in proper working order. 1 � 2'f -5-440o Pollno 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. PAGE 36 2019-2135 ORD2019-10 _ca 71 Financllail Assurance requiremerds, Prior to drilling or commencing any operations with heavy equipment, an Operator shall ovide Financial Assurance to the County in the form of a surety bond or other collateral acceptable to the DPS &rector in me 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 OH and Gas Operations. Financial Assurance for Surface Owner protection shall not be required for operations conducted on state lands when a bond has been thed with the State Board of Land Commissioners. The Financial Assurance recuired 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 Weil for irrigated land. In lieu of such individual amounts, Operators may suomit blanket Financial Assurance in the amount of twenty-five thousand dollars ($25,000). An retest for relief apursuant 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 ma be considered by the DPS 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 and damage that cannot be remediated or corrected. Financial Assurance submitted to the DPS Director shall be held for safekeeping by the Clerk to the Board of County Commissioners. Sec 21=5-45 ngemn •T -,.&P Waste. A. General requirements. 1. Operator obligations. Operators shah ensure that E&P Waste is properly store°, 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 aria classifications. 2. E&P waste mana errent activities shall be conducted, and facilities constructed and operated, to protect the Waters of the State of Colorado from significant adverse environmental impacts from E&P Waste, except as permitted by applicable laws and regulations. Reuse aria recycling. To encourage and oromote _ waste minimization, Operators may propose plans for managing ^&P Waste through beneficial use, reuse, and recycling by subrnittina a written manacement plan to the DPS Director for approval, if applicable. Such plans shat" describe at a minimum, the t is 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 DPS Director may require additional information. B. Waste tra soor"jtion. PAGE 37 2019-2135 ORD2019-10 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. Waste generator requirements. Generators of E&P Waste that is transported offsite shah 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 generators c. The identity of the waste transporter; d. The location of the waste pickup site; a he 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 :PS Director during normal business hours, and copies thereof shalt be furnished to the DPS Director upo,e% recuest. Produced water. 1. Treatment of produce° water. Proc uced water shah 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 H Well; b. Evaporation/percolation in a properly permitted Pith 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 mill IDS 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. F➢owoack 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 promulcated thereunder anct Chapter 8, Article X of this Code. Operators snail provide the Colorado discharqe permit number, latitude and longitude coordinates of the discharge outfall, and sources of Produced water, and shah 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 reculations governinc the use and a administration of water; or PAGE 38 2019-2135 oRD2019-10 Evaporation in a properly lined Pit at a centralized permitted E&P Waste management facilityL 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 oy the DPS Director. 4. Mitigation. Water produced during operation of an oil or Gas Well may be used to provide an alternative domestic water supper 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 WC ICJ for construcunq a new "waterworks „ as defined b C.R.S Section2-1-107(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 comestic use within the meaning of this subsection (4) s.Iall not constitute an admission by the Operator that the Well is dewatering or impacting any existing water Weld. The water produced shall be to the benefit of the Surface Owner within the oil and Gas Reba and may not be sold for profit or traced. Drilling fluids. 1. Recycling and reuse. Dri°lin g Pit contents may be recycled to another drilling Pit for reuse. 2. Treatment and disposal. Drilling fluids may be treated or disposed as follows: lniection into a permitted Class H Well; b. Disposal at a commercial Solid Waste Disposal facility; or c. Land Treatment or Land Application at a centralized permitted E&P Waste manapement facility. Additional authorizocilk ,osal of water -based bentonitic drilling fluids. Waterbased bentonitic drilling fluids may be disposed as follows: a. Drying ard burial in _ its on Non -Crop Land. The resulting concentrations shall not exceed the concentration levels in Appendix 21-A; or b. Land Application as follows: i, Applicability. Acceptable methods of Land ADolication i cl u , but are € of limited to Production Facility construction and maintenance, and lease road maintenance. ii. Land Application Ltquirements. The average thickness of waterbased bentonitic grilling fluid waste applied shall be no more than three (3) inches prior to incorporation. The aste shall be applied to prevent ponoing or erosion and shall be incorporated as a beneficial amendment into the native soils within ten (10) cars of application. The resulting concentrations shall not exceed those in Appendix 21-A. Surface Owner approval. Operators shall obtain written authorization from the Surface Owner prior to Land Application of water -based` bentonitic drillinluids. PAGE 39 2019-2135 ORD2019-10 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 DPS Director's written request this information shall be provided within five (5) business days, in a format readily reviewable by the DPS 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 DPS Director in responding to complaints regarding Land Application of water -based bentonitic drilling fluids. v. Approval. Prior approval by the DPS 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. Rernediation In the case of a reportable S ill, Operators shall submit a Site Investigation and Workplan for prior approval by the DPS Director. Treatment shall thereafter be completed in accordance with the aaaroved Work olan. b. Free oil shall be removed from the oily waste prior to Land Treatment. c. Oily waste shall be spread evenly to arevent 000ling, pondinc, or runoff. d. Contamination of Storrnwater 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. Lana -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 ESP Waste. Other E&P Waste such as workover fluids, Tank bottoms, pigging wastes from Pipelines, aid gas gatnering, processinc, and storage wastes may be treated or disposed of as follows: PAGE 40 2019-2135 ORD2019-10 1. Disposal at a permitted connmerci Solid Waste Disposal facility; 2. Treatment at a permitted Centralized E H Waste Management Facility; 3. l nj ction into a permitted Class i niection WelB; or 4. An alternative method proposed in a waste marlagement plan approved by the imps Director. Sec21-5455. Management ff non - P Wastaa A. Cer Lain wastes generate° bbl and gas -related activities are nor-E&P Wastes and are not exempt from regulation as solid or hazardous wastes. T nese 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 theft generation. The hazardous waste regulations reo uire 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. AM 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. 2 I � P of general and sandal rimes Pits used for exploration and production of oil and gas shall comply with COGCC aides 320, 902, 903, 904, 905, and 011. Sec. 21 SpHils and e aces. Operators shall comply with the rules regardThq Spills and Releases set forth in COGCC Rule 906. Seto 21=5-470. o centra i ns and samp 0n for soi and ground ate r. Operators shall comply with the rules regarding concentrations and sampling for soil and ground water set forth in C0GCC Rude 318A c. and/or Rule 910 if applicable. Sec. 21=5 7 0 entin r ar ng nature alas. Operators shall comply9 with the rules regarding venting_or flaring natural gas set forth in COGC:' We 912. Sec. 21=5=480. De n s AdAth SurfaceOw ners A. of ice. 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 equi ment for the drilling of a WVell, Operators shall provide the to the SLL rface Owner a Notice stating a. The Operator's name and contact information for the Operator or its agent; h. site ciagrarn or plat of the proposed Well location and an associated roads and vslroauctioi facilities; c. The date o erations with heavyeegui oment are expected to commence; and PAGE 41 2019-2135 O.02019-10 he name and contact infor ^nalii0n `r he Surface Owner Not ce sha e cle eWeld County GD. ktered by and; ce 'Vied rnai retuo rn requested; r by other delivery service nwith receipt confirmations. 'Electronic mad MT��y bc used if the Surface Ow car nas approvedi such use an wr Unq. 2. Notice of subsequent We opera° ions. peTator s aH provde to tr e Surface Owner or agent a' east sevar (7) days advance notice of subsoquert Wed operators wotr^ heavy `-quOinert that vA ratena y impact s. ini'ace areas beyond the eAst lg access road or e ate, such as r ecornp SSUng7 " stimdating the We L Notice du March fourteen coordonate oifillir ig operations to avoid ul �000 J °- ac iviPies. it rigaton season. Of a We is to be olril!Ied ou u it i ] tcd Crop Lands between and October 31, the Operator Pill contact the Surface O\hi rer orP agent at 0east it gat �oroour to con _ rnoncemeont of o poraf ons with- heavy /emu Ome nt to ntorrforoonco 'M P u irriaaUior` p ans and . =ind Rocl rn t onotice. \ot less than it/ (O) days before a find Roc am8tio.n oiler` tUors are to take p ace, the aerator shad notify the Spur face Owner Irirlal Reclamation operations shall irean those Reclaraion operations K:o be urdoriaker wnen a Wel is to be p aged and aoa snolonod or when produc°pion facffities are to be permai uenfly removed. Such nofico is required only \M -ere final Roc arnation operations commence more , an trori ty _ (3rd) after the Co� �f lotion of a a �^ r i e � �� days � .�,o�ll. � preparing ��u >> �� c a rnatoOo u and upoino andAbard onrinorn4 the Or or ° o � C use i beor oto consu +� in good 5. aitn with the affected Surface reques colt � t such consuo IN n e re- or the tenant ‘/14 ien t Surface Owner has Cation be made with the Conan ). Such good faith cornsu to bn shah a ow the Surface Owner (or appointed agent) the opportunity to provide comments concerning preference for g of such oporoe .nd al aspects -o fina Rec amation, irncluofinq but not lk-initod to the desired n n Land L s e a id seed mix to be app i oc9. III enants. With re >ect to the n tices fisted in this Section. it shall be the responsibili )l of le nMired Surface Owner to give noUco of the proposed Oroeration to Uf 110 tenant farmer„ lessee,e. of oter party u,h . rn aA, o ,,n or have an Merest on any crops or surface improver -en s that cou of be affected by such oroposed opera ti o r 6. Waiver. Any of the nukes 'nferein nay be waived it valid g by the Surface Owner, o`ts age , orb provided trail a waiver C yy a Surface Owner or its scent sra not prevent the Suorrace wner or aryy successor-in-i merest to the S o Saco Owner from rescoh ldong trat waiver such rescission is in accorda y1 ce with a c o ocab iaaw. ocation sig nage. The Oae aerator shall, concurrent with theSurface wner Notice, post a &fig r not loss than two= eet by two —foot at tie intersection of the ease road arid tr pub is road prsvoding access to the We Site, with the name of to proposed WeH, the [egad location t�ho reof, and the ed date of commencement. S uicr sign sha be m ainiairned unth Comb lotion operators at the Wel Sec. 2103485. Set acts. A. We Os. are concluded. PAGE 42 2019-2135 ORD2019-10 1 Unless the OH 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 cLrrent or future exterior ROW line of county_ roads, major above round utility lines, or railroads. 2 A Well shall De located lot 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. Butler Zone Setback: No Well or Production Facility within one -thousand (1,000) feet or less from a Building Unit. a Exception Zone Setback: No \Nell or Production Facility within five -hundred (500) feet or less from a Building Unit. D. h Occupancy Building Unit: No Well or ProdLiction Facility within one -thousand (1,000) feet or less from a High Occupancy Building Unit. E. Designate° Outside Activity Area ("DOAA") VVell or P reduction Facility within one - thousand ;1,000) feet or less from the boundary of a DOAA. F. School Facility and Child Care Center Setback: No Weil or 'Production Facility within one - thousand (1,000) feet or ess from a School Facility or Child Care Center, unless the relevant School GoverningSodv ages in writing to the location of the proposed Well or Production Facility. G. Existing Oil and Gas Locations. Where the OH and Gas 1 ocation is located within a Designated Setback Location solely as a result of Building Lnits being constructec after the Oil and Gas Location was constructed, the Director may grant an exception to setbacks wnen a Well or production Facility is pr000sed to be added to an existing or approved Oil and Gas Location if the Director determines alternative locations outside the applicable setback are technically or economically imoracticaole and sufficient mitigation measures are in place to protect public health, safety, ard welfare. H. The areas within these setoacks are known as the "Designated Setback Location." OH and Gas Locations Within tl e Designated Setback Location may_ occur if the 1041 WOGLA Hearing Officer is satisfied t hat the Ope at r will emplopecific mitigatio 9 measures sufficient to eliminate, minimize or mitigate potential adverse impacts to public health, safety, welfare, the environment, an wildlife to the maximum xir um extent technically feasible and economically practicable. Such miti�ga a � l Y"i"1easures shall be a condition of approval of the 1041 WOGLA Permit. PAGE 43 2019-2135 ORD2019-10 I. For a School Facilit 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 o r 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 Zone 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 Hearin 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 welfare. o The measurement for determining any Designated Setback Location shall be tne shortest d istance 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 an High Occupancy wilding Unit, or nearest boundary of any DOAA. K. Surface development pursuant to a SUA or site specific development plan. A Surface Owner o r Building Unit owner and minerad 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. MU ation measures D &anted S„tback Locations© n The following requirements ap Locations: A. Encroaching development. An Operator is not responsible for mitigation measures in areas where encroachinc, 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 agreto between the Operator and the persons or entities noticed pursuant to Section 21-5-320 B. of this Anicle V, the followinc 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. v to Oil and Gas Locations within Designated Setback PAGE 44 2019-2135 ORD2019-10 Operators shall comply with the requirements set forth in COGCC Rule 604 c. (2) B. ≤closed loop dri ing 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. (BOPS), Rule 604 c. (2) I. (BORE testing for drilling operations), Rule 604 c. (2) e. (BOPE for Well servicing operations), Rule 604 C. (2) K. (Pit level indicators), Rule 604 c. (2 drill stem tests), Rule 604 c. (2) M. (fencing requirements), Rule 604 c. (2) N. (control of fire hazards), Rule 604 c. (2) O. (loadlinos), Rule 604 c. (2) P. (removal of surface trash), Rule 04_c._(2 Q. (guy line anchors), Rule 604 c.() 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 Zone Setback. In addition to all items listed in Section 21-5-490 B., above, the following berm construction shall be required within the Exception Zone Setback: 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 MA _ acilitie . B n addition to all items listed in Section 21-5-490 C., above, the following mitigation measures es will be required for all Large LIMA Facilities, regardless of whether the Lace LIMA Facility is in the Buffer Zone or the Exception Zone: 1. Required BMPs ; a. Fire, explosion, Chemica, 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 handFinq, storage, and transportation equipment. b. Automated Weil shut in control measures to prevent gas venting during emission control system failures or other upset conditions. Zero flaringNor venting of Qas upon om letion of flowback, excepting upset or ewer eenncy conditions, or with prior written approval from the Director for necessary maintenance operations. d. Storage Tank pressure and fluid many dement. e. Proppant dust control. Site specific mi :cation measures to address the specific concerns of persons who received a 1041 WOGLA notice, as d a mined by the 1041 WOGLA Hearing Officer. PAGE 45 2019-2135 ORD2019-10 perators sha a d 603 e. Sec. 1'ety rec uI.IreIJ 11 : enis . comply with the safety rules set forth in COGCC Rules 603 b., 603 c., 603 d., -5-500. �� L _I' +24/ �i� aL ' u ec uiY eeY YisO 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. Seas 0 21-5-505. Stormwater many ¢ As part of the application for a 1041 WOGLA Permit,, an Operator must amply for be granted and comply with applicable rec. faired Stormwater management and discharge permits required pursuant to Chapter 8 of this Code. o m } o g up; ant, wee s waste3^ d trash na em nt recoulrennents. All locations, including Wells and surface production facilities, shall be kept free of the following: equipment, vehicles, am 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 writoen consent of the Surface Owner. Sec 21-5-515. EagAromen7ancnodnq requiir meats, All equipment at drilling and production sites in geological hazard areas and Floodplains shall be anchored. Anchors must be engineered to sA Dport the equipment and to resist flotation, collapse,lateral movement or subsidence, and must comply with all requirements of any necessary oeolo is hazarc recommendations and/or Flood Hazard Development Permit. E a tam: 0. Buffer f e mov n rl At least 30 days, but no more than 90 days, before the move -in, rig -up "MIRU") of a drilling ri , Operator shall provide MIRU Notice to all Building Unit owners within the Buffer Zone if: fl) 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 oe used to identify the persons entitled to MIRU Notice. \/IIRU Notice shall be delivered by hand; certified mail, with return -receipt requester', electronic mail, with return receipt requested; or by otner delivery service with receipt confirmation. B. The MIRU Notice must include: 1. A statement informing the Building Unit owner that the Operator intends Sto MIRU a drilliP nq rig to drill Wells within 1000 feet of their Building Unit;_ 2. The Operator's contact information; 3. The location of the proposed Wells (Quarter -Quarter, Section, Township, Range, County); PAGE 46 2019-2135 ORD2019A10 4. The approximate street address of the proposed Well locations (Street Number, Nan e, city'); The name and number of the proposed Wells including the WWOGLApermit number; 6. The anticipated date (Day, Month, Year) the drilling rip will M RU1; and 7. The Weld County LG D's address and telephone number. C. A Building Unit owner entitled to receive MIRU Notice may waive their right in writing at any dime i me Sec. 21-5-525, Protection of Waid Resources. A. The 1041 VVOGLA Hearinc 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 iter- acts" shall mean, wherever reasonably, practicable, to 1. Avoid adverse impacts from Oil and Gas Operations on Wildlife Resources; 2. Minimize the extent and seve Aity of those impacts that cannot be avoided; 3. Mitigate the effects of unavoidable remaining impacts; and 4. Take into co isiderasion cost-effectiveness and technical feasibility regarding acti ns taken and decisions made to Mir it size Adverse Impacts to Wildlife Resources. B. In selecting conditions of a proyal from such BMFs or other sources, the 1041 WOGLA Hearing Officer shall consider the following factors, among other considerations: 1. The &VIPs for t ie roducin geologic basin in which the OH and Gas Location is situated, 2. Site -specific and species -specific factors of the proposed new Oil and Gas Lcation; 3. An tici Reso pated direct and indirect effects of the proposed Oil and Gas Location on Wildlife +.✓'1 Yr c e s ; 4. The extent to which conditions of approvai will promote the use of existing facilities an reckction of new surface disturbance; The extent to which legally accessible, technolocicaq f asiole, and econo practicable alternative sites exist for the proposed new Oil and Gas Location, �ica4l_y 6. The extent to which the proposed Oi' and Gas Operations will use tecnnology and practices which are protective of the env it onment and Wildlife Resources; 7. The extent to which the pd dosed Oil and Gas Location minimizes surface disturbance and habitat fragmentation; 3 The extent to which the proposed Oil and Gas Location is vvithin Land Used for residential, industrial, cmmercial, agricultural, or other purposes, and the existing disturbance associate- with such use. PAGE 47 2019-2135 ORD2019-10 -5-5300 ether � enerai op eraUnci rep 1:Ji3i] eme is t7 egarld p '4Y aEIe yprotecUi x179 a Subject to exception by the PPS Director for site specific reasons and SMPs, the operating requirements identified below shall app i 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 feceral and state land management a ecncies, Weld County's regulations, anc 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 practicai construction widths for new rights -of -way witiere Pipelines cross riparian areas, streams, and critical habitats. Sec. L.1 m -53 G ___nequkenients in Restricted Surface �oc pan. c Areaso A. Operators shall avoid Restricted Surface Occupancy Areas to the maximum extent technically and economically feasible when planning and conducting new oil and as development operations, except: 1. When authorized by or specifically exempted by Colorado Parks and Wildlife following consultation; 2. When authorized by a Comprehensive Drilling Fan; 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. S. 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 haoitat improvements are not prohibited its Restricted Surface Occupancy Areas. Notwithstanding tie foregoing, non -emergency workovers, including uphole recornplet ons, may be performed with prior approval of the DPS Director on a schedule that minimizes adverse impacts to the species for which the Restricted Surface Occupancy Area exists. Sec. 21-5=540. General eral o,aeratin ui cements in Sensitiive i H e Habitat and _) esrActed Surface Occupancy rea so A. Subject to exception by the 1041 `vOGLA Hearing Officer for site specific reasons and BR/Ps, within Sensitive Wildlife Habitat and Restricted Surface Occupancy Areas, Operators shall comply with the following operating requirements: wring Pipeline construction for trencees that are left open for more than five (5) days and 2� 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. PAGE 48 2019-2135 ORD2019-10 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 riq mobilization and demobilization where practicable by corn aletinc or recompleting al! \Neiis from a given yell pad before moving rigs to a new location. To the extent practicable, share and consolidate new corridors for Ppenile rights -of -way and roads to minimize surface disturbance. 6. Engineer new Pipelines to reduce Field fittiig and reduce excessive right-of-way widths and Reclamation. 7. Use boring instead of trenching across perennial s'reams 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 israelensis mosquito larvae hat _ may spread West Nile virus to wildlife, effective action to contro or take other especially grouse,. 9. Use wildlife ap ropriate seed nixes wherever allowed by Surface Owners and regulatory agencies. 10. Mow or brushhog vegetation where appropriate, leavin., root structure intact, instead of scraoinathe surface where allowed b i the. Surface Owner. 11. Limit access to oil and gas access roads where appproye managing agencies or Local Governrrebt, asoropriate. 12. Post interior speed limits and caution signs to t appropriate. Surface Owners, surface e extent allowed by Surface Owners, as 13. Use wildlife -appropriate fencin shere acceptable to the Surface Owner. 14 Use topographic features and vegetative screening to create seclusion areas, wnere acceptable to the Surface Owner. 15. Use remote monitoring of Well production to the extent r�� ct icabl.e. 16. Nethice traffic associated with transporting drilling water and produced liquids through the use of Pipelines, large Tanks, or other measures were technically feasible and economically practicable. Seco. 21=5=545D General e V9I aIJ�fI tl aRio n W vY r ufrmen . ma s. -- _..... .� —_ .... - • �_.. ®csur3c. a ...� scm 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 PAGE 49 2019-2135 ORD2019-10 . S Director determination. When the DPS Director has reasonable cause to believe that a proposed oil and gas operation could result in a significant adve -se environmental impact on any air, water, soil, or bioloc ical resource, the Director shall conduct an onsite inspection and rtiaLy request a hearing before the Board of County Commissioners to rescind the 1041 WOGLA Permit 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 Artic e V, unless such Reclamation is deemed necessary to orotect public health, safety and welfare, environment and wildlife of Weld County as determined by the DPS Director. Sec. -5-550, Site ppro ara ion and stabalez th.� n0 A. Fencing requirements. . Fencing of drill sites and access roads on Crop sands. During drilling operations on Crop Lards, when requested by the Surface Owner, tie Operator shall delineate each drillsite and access road on Crop _.ands constructed after such date by berms, single strand fence, or other equivalent method to discourage unnecessary surface disturbances. 2. rEencing 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 Weil 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 rec uest of the Surface Owner, will install a fence around the wellhead., Pit, and production equipment to prevent livestock entry. B Soil removal and segregation. a Soil removal and segregation on cropland. As to all exc vation 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. 'Alien separating soil horizons, the Operator shall segregate horizons based upon noted changes in physical characteristics such as organic content, collar, texture, density, or consistency. Segregation will be performed to the extent oracticable to a depth of six (6) feet or bedrock, whichever is shallower. 2. Soil removal and segregation on non -cropland. As to ail 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 seoarating 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. PAGE 50 2019-2135 ORD2019-10 3. Horizons too roc<v or too thin. When the soil horizons are too rocky or too thin for the Operator to practicably segregate, then the topsoil shall be sea aced to the extent practicable and stored. Too rocky shall mean that the soil horizon consists of greater than tnirty five percent (35%) by volume rock fragments larger than ten 00) inches in diameter. Too thin shall mean soil horizons that are less than six (0) inches in thickness. The Operator shall segreggate rernaining 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 shah be inplemented. 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 regulati ms 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 avoid ble, 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 adverse impacts on Wildlife Resources. Surface disturbance minimization. 1. an order to reasonablminimize 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 .r minimize impacts to wetlands and riparian habitats to the degree practicable. 3 Where practicable, Operators shall consolidate facilities and P palhe rights -of -way to Minimize Adverse Impacts to Wildlife Resources, including fragmentation of wildlife habitat, as Well as cumulative im °acts. PAGE 51 2019-2135 ORD2019-10 Access roads. T xisting roads shall be used to 're greatest extent practiceble avoid erosion and f ini lizo, the and area devoted to oil and Gas operations. Roadbeds shah be en s incleredl to avoid or minimize impacts to riparian areas or wetNards to the extent pracjcablle. ravoidab e im2alcts shall be mit�gated. Road crossings of streams shah be designed ard constructed to allow fish passage, where Jorackab[e rd agpr000date. V 'ne Fe feasib e and practicab e, o aerators are encouraged to share access roads k devel ;ding a Add. Where feasible and practicable, roads shah be routed to conriplerren. other lend usage. o the greatest extent oracticabie, a8 vehicles used by the Operator, contractors, and of ater parties associated with the Weil sna D not travel outside of the original access road boundary. Repeated or flag rant instance(s) of failLre to )nestrict lease access to lease roads which result in unreasonable and carnage or crop osses shah sub.ect tre '04' WOGLA Permit to rescission oy the Boarc of County Co-� missior rs pursuant to Section 21-5-370. Sec. 21 =5-555 [Ini eritin ll ecc riama to o ra. A. General. Debris and waste materials other than de ninimis amounts, including, but not i[r[ sited to, oar crete, sack bentonite and other drilling mud additives, sand plasmic, pipe and cab e, as Well as ec ui rr ent associated with the drilling, re-entry, or Como et ion�oerati ons snail be removed. Ail ESP Waste sha be handled according to Sec ion 21 =5453 of this Ark e V. AM Pits, ce Oars, rat ho es, and other bore holes unnecessary for further lease operations e c uding ;ne drilling Pit, NMI De backfilled as soon as possib e carter he pig is released to conform with surrouiding terrain. On Crop Land, if requested PI the S „rface owner, guy ins an chors sha D be removed as soon as reasonable possible after the Completion rig is released. When permanent guy me anchors are installed, it shad not be mandatory to remove them. When permanent guy line ancnors arc insta AS on crop !ant care shall be taken to mininnize disruption or cdtivatio. , irrigation, or harvesting operations. Of requested by the Surface Owner or its *recLrtsentative the anchors shall be specificaUy° marked, in addition f f` r . n W squared .d'''1 o f to facilitate -. v dl. K�.t=, f • I' R+ �+'a f+ a o -t Te markhc s,guireld below facilitate u-armin ooerations. An gu\ line anchors [eft buried for future use shall be iderrtified a marker of bright color not less than f (4) feet h height and not greater than one (1) foot east of the guy line ancior. 1 nterim Rec an atio l of areas no Longer in use. All disturbed areas affected o\ drilling or ' e e°a E ded for production operations _ or for su�ose��ec�� o�o�,ra�b�oJ�s, ��, areas re��o�r�a �� E�� subsequent drilling operaJtio is to be commenced within twelve ) months, shah be reclaimed as eery and as nearly oracticaole to their original condition or their i,na __and Lse as designated by the Surface Owner and shall be maintained to contra` dust and Minimize Tpsion to the extent practicable. As to Crop Lands, if subsidence occurs in such areas additional to_psoii shall be added to the depression and. the and shah be re -leveled as c ose its oriojina contour as practicable. Interim Reclamation shah occur no later han three (3) rnortns on Crop ,and or six (6) months on Non -Crop _ and alter such operations unless the DE'S Efirector extends he the period oecause of conditions outside the canto m the Opera"or. Areas reasonaby needed for production operations or for subseo ur,dri ing of era_tiorTs to be commenced within twelve (12) months shall be compacted, covered, eved or o`thervvise stab ized end �riaintained in such a way as to minimize dust anc,� erosion to the extent practicable. PAGE 52 2019-2135 ORD2019-10 C. Compaction alleviation. All areas compacted by rjrii inp and subsecuent oil and Gas Operations wCni ch are ho D o ncier Heeded fol owing comp etion of such operations shall be cr.ss=napped. or CCrop and, sucr compaction all -aviation operations sha Coo urdertaken when t} -e soil moisture at the l'inne of npoorrgi is below ` D to tv-five percent (35% of lie d cape city. Ripping, shall be undertaken to a dept o? eighteen o ncl acs unless a to the exPut bed rock os encou �. _ Drifihig Pit c manner: Pored at a shallower dep. h osure. As part of interim Redamation, D rilDing u rHing it closure a the °l C0 -year I _ 00dDp s a be removed f Crop Land and within 100 -year lush be dosed hi the fofloowing oodplain. On Crop Land or within coin, water -based bentonillic drilling fluids, except de minim/s amounts, 0 the d ro l i ng Pit and disposed of in acco rdance with section 21-5- 450 of this A rr' ocle V. Operators shall ensure that soils meet the concentration eves of Appendix 21-A. Driluina pit Reclamation including the cis cuttings, sha D oe performed in a manner ero rot resu t in the formatior of an o��perreab e posal of Sri[ irg r u idOs deal aria r. ivcuttings removed nor the Got for dr n kg sha be returned to tine pot ono backfi ling ano ro more than de ,r ;inim/S arrrows may be incorporated su to race r lateroa s. After the &olloo w Pit is sufficient dry the Pit sha D be b cam ed. he Coackfo Dorg of the d ri long pit shall be done to return the soits to t►reor orop ir'al relative positions. closing and Raec anh atoon of Drilling pits shall occur no iater than tC tree (3) morr"ns after drollor,c and completion activities co &Thc ude. 2. Drill on l [dot c °sure on upon -c accordance with sectio 0 o Lard. 21-5-450 of t the concentration levels o shall Coo Loacku oDled. Materia To nor to the backfiling Al dri Gag bids s -is Article _ V. . Operators slia all be disposed of oo_ ensure that soils meet Appendix 21-A. After the drillirca pit os suf` icient,ly the Pit s removed from n the Pot for drying small be re:Limed med tLe Pit more the de mi'nim,is a nomis may be incorporated into the surface materials. The backfifng of the droning l- it wi be done to return the soils to their c� rig ri D relative positions so that the muds and ass Hated solids will be confined to the i ��nnot squeezed out and i 1corporated9 it the s�,i ru acc lateria s. closire and D� d Reclamatoc.n of C om°oletiona p ctivities c Pits s l occu nclude, went no er per ater than six (6) mont 3 Minimum cover. Ont Crop Lands a i Is after drilling arud uiomum of three 1 \ feet of Coackfoll cover sia be aEc pDoe 9 over any remaining dri _ it contents. As to both Crop Lands ano Non-( rrop ands, durong1 the two ( near period following = t closure, hi sHuCosodence occurs over the dosed driffinoL it location adldi Uou pall topsoil sill be added to the depression and the and shall be re-DeveDed as close to its angina cortour as practicable. Restoration and revegetati0n. en no loner needed will be resta ed a a Well is completed for production, all disturbed area n9 revegetated as soon as practicable. s Revecetati0n of Crop Lands. A segregated soil borizors removed from CropLards shall be rep aced to their origin re atove positions and contour and sha be tolled aclec L/atehi to re=establish a proper seedbed. _ he area shall be treated i a necessary a� r d ooractocab e to proven: invasion of indesorab'e species and ro iojs weeds, and to control erosion. Any perenni forage crops that were preset before (odst rbance sha r be re - e stab oshecl . PAGE 53 2019-2135 ORD2019-10 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, type 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 agreemeit 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 o' all disturbed areas no longer in use shall be considered complete when II ground surface disturbing activities at the site have been completed, and all disturbed areas have been either built on, compacted, cvered, 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 einty percent (80%) of pre -disturbance levels or Reference Areas, excluding noxious weeds. Re- seedinc alone is insufficient. Ir serim Reclamation Completion. The Operator shall notify the DPS Director with a cescription 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 a idisturbed land or the Reference Area. Each photograph shall be identified by date taken, Well name, GPS location, and direction of view. Temporary Access Permits. if a temporary access oermit is associated with a drillsite, the temporary access will be reclaimed in accordance with Chapter 12, Article V of this Code. PAGE 54 2019-2135 ORD2019-10 Sec. 21=5-560. jt- hl a Reclamation of We `` Sores and assodated proco1uccdon facesMes0 A. We F Sites and associated productoor facoDitoes. A 1pon the P ua�goro 2 d Abandonment of a Up or D Pots, mouse and rat hopes and ce ars sh .D be ba d c lhhedD. _ A D debis abandoned Gathering Lone 1 se's and C _ io kl r�e Pdscrs and S„r ace ogioprent shaH oe removed wftG��n thee (3 r loathe of p uogiro a WeD . ADD access roads to pLcjged and abandoned VVefls and associated 'production fad oUes sir~ aH be dosed graded acid reoontoured. Cft i verts and any of e P obst ici oors trat were Part o1a the access road shaH be -e'r oved. We 1 ocaUo�ns,� access roads and associated fad otoes shaH be recFa rreo9. n s appHcabDe, coopacflon a eviction, rector.Uo _Iard revooetaUon of V/VeH &tes, associated orocUcUon faciDities, and access roads shaH I- o Performed to the same standards as estabf oshcd for interim Red ratoor order SecUo 2`-5-555, above. ADD other equJip er}t, suoipHes, weeds, Pubbish, rod other waste r..,aseroaD sha i be reroved. burning or bucri a of such ma eha _on tre preni ses sha D be De -formed ire accordance weer a opHcaC The ocal state, or eaorall So id Waste DosposaO requla ions. On addoil � � ��eri�D may be burned or buried or the prer ices arty w th he prior written consent of the Su pace Owner . ADD such Rec►lamaion work sha] roe completed within tnree 3) months on crop and and twoDve (12) ncontrs on Nor- and after p ug ding a VVe or final d osure of associated ppr oducUoon itaci itoes. he voreotor may gra art a e)c ensiowhere unusu a circumstances are ercointered, D&L, t every reasonable effort sh be made to compete Rec archon before the next Gocab growing season 0. trod cfsoand speci aD purpose Got closure. The operator span cam* \Mtn the Scedon 21- 5-450 of this Article V for the removal or treatment of I _ &P I ste norm' inirj in a production or special purpose Dot before thhe GOot ray be dosed fur fi to Redamatio r. After any remaining r P Waste is removed or treated, all such Pits must be back-fi ed to return the soHs to their oritd relative po lotions. As to both Crop Lards and Non -Crop A ands. i soodence occurs over c osed Pit Dooca i�o ri, addViona topsoil shaH be added to the depressior and tie and shall be redeye ad as dose to its onoonai co tour as oracUocab e. read 6ec the VVe f aY Il II at k II`�l J II t nres D Site and acce Idol for reAe ase of D _ Unancra ssurance. Suecessfd RecGar atUor of rice WoDD be considered comp On Crop Land, owe clam athon there has been no siq ias been pe armed a eyed when: id the DPS Director las determined ri icant unrest red surbsoder ice over two _growing seasons. IN. o r -Crop and, NeJam croon has been performed and disturbed areas have been enter bAt oft compacted, covered, paved, or otherwise stabilized it such a way as to Minimize Hrosron to he extent praocab e, or a uniform vegeta:Cove cover nas been estab osned that reflects oreod stucrba rice or Reference Area for{ s, shrubs, aid grasses with tota percent Co art cover of at [east et ly percent L80% of pre=dU turbance or Reference Area levels exdlding noxious weeds, as determined b 9 the DIPS Direc line DPS Director sha D consider he rota cover of Dove parerHa vegetatiorn of adjacent or nearby undisturbed S a nd Coil inc ape and aspect of the rec urcfl g overstory or tree canopy cover, having simiDarsoils aimed area 0. Disturbances resulting from flow Hno hnistallatkns shaH be deemed adeguatei y reclaimed when t Use. e disturbed area is reasonab capable osuf2fOrt n the pre-disturbanoc Land PAGE 55 2019-2135 ORD2019-10 4. The Operator has notified the OPT Director describing the final Recammation procedures,. any changes, if applicable, in the landowner's designated final Land Jse, and any mitigation measures associated witn final Reclamation performed by the Operator, and a final Reclamation inspection has been completed by DPS, there are no outstanding compliance issues as determined by the DPS Director. D. Final Reclamation of all disturbed areas shall be considered complete when all activities disturbing the ground have been completed, and ell 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 fords, shrubs, and grasses with total percent plant cover of at least eignty ercent (80%) of pre -disturbance or Reference Area levels, excluding noxious weeds, or equivalent permanent ph sical erosion reduction methods have been employed. Re- seeding alone is insJf icient. BE IT FURTHER ORDAINEby 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. E IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. PAGE 56 2019-2135 ORD2010-10 The above and foregoing Ordinance Number 2019-10 was, on motion duly made and seconded, adopted by the following vote on the 22nd day of July, A.D., 2019. BOARS OF COUNTY COMMISSIHERS WELD COUNTY, COLORADO ATTEST: Barbara Kirkmeyer, Chair Weld County Clerk to the Board Mike Freeman, Pro-Tem Deputy Clerk to the Board Sean P. Conway APPROVED AS TO FORM: Scott K. James County Attorney Date of signature: P ublication: First Reading: P ublication: Second Reading: P ublication: Final Reading• P ublication: Effective: June 5, 2019 June 7, 2019 Steve Moreno June 10, 2019 June 19, 2019, in the Greeley Tribune July 1,2019 July 10, 2019, in the Greeley Tribune July 22, 2019 July 31, 2019, in the Greeley Tribune August 5, 2019 PAGE 57 2019-2135 ORD2019-10 ADD APPENDIX 21-A Appendix 21-A CONCENTRATION LEVELS' Contaminant of Concern Concentrations Organic Compounds in. Soil TPH (total volatile and extractable petroleum 500 mg/kg hydrocarbons) 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 mq/kq2 Chrysene 22 mg/kq2 Dibenzo(a,h)anthracene 0.022 mq/kq2 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 Pvrene 1,000 mg/kg2 Organic Compounds in Ground Water Benzene 5 ❑g/13 Toluene 560 to 1,000 ❑g/13 Ethylbenzene 700 g/I3 Xylenes (Total) 1,400 to 10,000 ❑q/I3,4 Inorganics in Soils Electrical Conductivity (EC) <4 mmhos/cm or 2x background Sodium Adsorption Ratio (SAR) <125 ph 6-9 Inorganics in Ground Water Total Dissolved Solids (TDS) <1.25 x background3 Chlorides <1.25 x background3 Sulfates <1.25 x background3 Metals in Soils Arsenic 0.39 mg/kg2 Barium (LDNR True Total Barium) 15,000 mg/kg2 Boron (Hot Water Soluble) 2 mg/l3 Cadmium 70 mq/kg3,6 Chromium (III) 120,000 mg/kg2 Chromium (VI) 23 mg/kg2,6 Copper 3,100 mg/kg2 Lead (inorganic) 400 mq/kq2 Mercury 23 mg/kg2 Nickel (soluble salts) 1,600 mg/kg2,6 i 2019-2135 ORD2019-10 Selenium 390 mg/kg2'6 Silver 390 rnq/kg2 Zinc 23,000 mg/kg2'6 liquid Hydrocarbons in Soils an~ :Gr_o.und Water Liquid hydrocarbons including condensate Below detection level and oil COGCC recommends that the latest version of EPA SW 846 analytical methods be used where oossible and that analyses of samples be performed by laboratories that maintain state or national accreditation programs. 1 Consideration shall be given to background levels in native soils and ground water. 2 Concentrations taken from CDPHE-HMWMD Table 1 Colorado Soil Evaluation Values (December 2007). 3 Concentrations taken from CDPHE-WQCC Regulation 41 - The Basic Standards for Ground Water. 4 For this range of standards, the first number in the range is a strictly health -based value, based on the WQCC's established methodology for human health -based standards. The second number in the range is a maximum contaminant level (MCL), established under the Federal Safe Drinking Water Act which has been determined to be an acceptable level of this chemical in public water supplies, taking treatability and laboratory detection limits into account. The WQCC intends that control requirements for this chemical be implemented to attain a level of ambient water quality that is at least equal to the first number in the range except as follows: 1) where ground water quality exceeds the first number in the range due to a release of contaminants that occurred prior to September 14, 2004 (regardless of the date of discovery or subsequent migration of such contaminants) clean-up levels for the entire contaminant plume shall be no more restrictive than the second number in the range or the ground water quality resulting from such release, whichever is more protective, and 2) whenever the WQCC has adopted alternative, site -specific standards for the chemical, the site -specific standards shall apply instead of these statewide standards. 5 Analysis by USDA Agricultural Handbook 60 method (20B) with soluble cations determined by method (2). Method (20B) = estimation of exchangeable sodium percentage and exchangeable potassium percentage from soluble cations. Method (2) = saturated paste method (note: each analysis requires a unique sample of at least 500 grams). If soils are saturated, USDA Agricultural Handbook 60 with soluble cations determined by method (3A) saturation extraction method. 6 The table value for these inorganic constituents is taken from the CDPHE-HMWMD Table 1 Colorado Soil Evaluation Values (December 2007). However, because these values are high, it is possible that sitespecific geochemical conditions may exist that could allow these constituents to migrate into ground water at levels exceeding ground water standards even though the concentrations are below the table values. Therefore, when these constituents are present as contaminants, a secondary evaluation of their leachability must be performed to ensure ground water protection. 2019-2135 ORD2019-10 Hello