The regulations found in this Chapter may be referred to generally as the 1041 Regulations, unless the specific regulations adopted for the designated area or activity of state interest has a designated name found in this Chapter. All citations hereto shall be with reference to the Evans Municipal Code, as set forth herein.

(Ord. 761-22, § 3(Exh. A), 2022)

A.

Purpose and intent. The purpose and intent of these Section 1041 Regulations is to facilitate identification, designation, and administration of matters of state interest consistent with the statutory requirements and criteria set forth in C.R.S. § 24-65.1-101, et seq.

B.

Findings. With respect to these 1041 Regulations, the City Council finds as follows:

1.

The 1041 Regulations are necessary because of the intensity of current and foreseeable development pressures on and within the City and to promote the health, safety and welfare of the citizens, and to protect the environment and wildlife of the City of Evans;

2.

The 1041 Regulations apply to the entire incorporated territory of the City;

3.

The 1041 Regulations enable development to occur; and

4.

The 1041 Regulations interpret and apply to any regulations adopted for specific areas of state interest and specific activities of state interest which have been or may be designated by the City Council.

(Ord. 761-22, § 3(Exh. A), 2022)

The 1041 Regulations are authorized by and through the Colorado Areas and Activities of State Interest Act ("AASIS"), C.R.S. §§ 24-65.1-101, et seq.; the Colorado Local Government Land Use Enabling Act, C.R.S. §§ 29-20-101, et seq., including, without limitation, C.R.S. § 29-20-104; the City Community Development and Building Code statutes set forth in C.R.S. Title 30, Article 28; and the powers and authorities conferred upon home rule cities set forth in C.R.S. Title 30, Article 35, including authority to adopt the City Building Code (February 7, 1955), Zoning Code (August 3, 1964), Subdivision Regulations (February 3, 1987) and the City of Evans Home Rule Charter to ensure self-determination and to promote the health, safety, security and general welfare of the people of the City of Evans.

(Ord. 761-22, § 3(Exh. A), 2022)

The 1041 Regulations shall apply to all proceedings concerning identification and designation of any developments in any area of state interest or any activity of state interest which has been or may hereafter be designated by the Evans City Council, and the control of development in any such area or activity within the City, unless specifically excepted pursuant to the provisions of the regulations in this Chapter.

(Ord. 761-22, § 3(Exh. A), 2022)

The portions of the 1041 Regulations authorized exclusively under Section 24-65.1-101, et seq., C.R.S., shall not apply to any development in an area of state interest or any activity of state interest which meets any one of the following conditions, as of the effective date of the Ordinance adopting 1041 Regulations: (a) the specific development or activity was covered by a current building permit issued by the City; (b) the specific development or activity had been approved by the electorate of the City; or (c) the specific development or activity is to be on land: (i) which has been conditionally or finally approved by the City for planned unit development or for a use substantially the same as planned unit development; (ii) which has been zoned by the City 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 City.

(Ord. 761-22, § 3(Exh. A), 2022)

A.

More restrictive City standards or requirements control. Whenever the 1041 Regulations are found to be inconsistent with any other applicable resolution, ordinance, code, regulation or other enactment of the City, the enactment imposing the more restrictive standards or requirements shall control.

B.

Statutory criteria in C.R.S. § 24-65.1-202 and § 24-65.1-204, control if the 1041 Regulations are less stringent. In the event the 1041 Regulations are found to be less stringent than the statutory criteria for administration of matters of state interest set forth in C.R.S. § 24-65.1-202 and § 24-65.1-204, the statutory criteria shall control.

C.

The 1041 Regulations control if statutory criteria is found to be less stringent in C.R.S. § 24-65.1-202 and § 24-65.1-204. In the event the 1041 Regulations are found to be more stringent than the statutory criteria for administration of matters of state interest set forth in C.R.S. § 24-65.1-202 and § 24-65.1-204, these 1041 Regulations shall control pursuant to the authority of C.R.S. § 24-65.1-402(3).

D.

The 1041 Regulations set forth in this Chapter control in cases of overlapping requirements of this Code. Where the 1041 Regulations set forth in this Chapter overlap with other applicable regulations in this Code, then the 1041 Regulations set forth in this Chapter control.

E.

The 1041 Regulations are in addition to, and not in lieu of, other regulations of the City. The 1041 Regulations are intended to be applied in addition to, and not in lieu of, all other regulations of the City, including, without limitation, the annexation, zoning, subdivision, replats, planned unit development, land use permits, intergovernmental agreements, individual sewage disposal system, access permitting, grading permits, building permits, and Master Plan portions of this Code.

(Ord. 761-22, § 3(Exh. A), 2022)

Unless otherwise specifically provided for, it shall be the duty of the City Council to perform all of the functions set forth in this Chapter, and those specified in subsequent Sections of this Chapter. The City Council shall also be generally empowered to hear appeals from any person aggrieved by any decision of the Community Development Director made in the course of administering these 1041 Regulations. Any such appeal shall follow the appeals procedure set forth in Title 18 of this Code.

(Ord. 761-22, § 3(Exh. A), 2022)

If any Section, subsection, paragraph, sentence, clause or phrase of this Chapter is for any reason held or decided to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions. The City Council hereby declares that it would have passed the regulations codified herein and 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.

(Ord. 761-22, § 3(Exh. A), 2022)

The words and terms used in these 1041 Regulations for administration of areas and activities of state interest shall have the meanings set forth below, unless the context requires otherwise:

Designation means only that legal procedure specified by C.R.S. § 24-65.1-401, et seq., and specified in this Chapter as carried out by the Evans City Council.

Development means any construction or activity which changes the basic character or the use of improved or unimproved real property, as determined in accordance with the provisions of Title 18 of this Code. These activities include but are not limited to grading, paving, mining, excavating, construction; moving vehicles, equipment or structures on site; making a substantial improvement to an existing structure, or the addition of a new structure, or a change in use of a building or the property, for example. Development may necessitate a land use permit and/or other permits to be issued by the City of Evans. Development in Evans requires compliance with Development Standards of this Title.

(Ord. 761-22, § 3(Exh. A), 2022)

Designations and amendments of designations may be initiated in two (2) ways:

1.

The City Council may in its discretion designate and adopt regulations for the administration of any matter of state interest.

2.

The Planning Commission may, on its own motion or upon request by the City Council, recommend the designation of matters of state interest. The City Council shall decide, in its sole discretion, whether or not to designate any or all of the requested matters of state interest pursuant to statutory procedures.

(Ord. 761-22, § 3(Exh. A), 2022)

A.

The City Council shall hold a public hearing before designating any matter of state interest and adopting regulations for the administration thereof. Such hearing shall be scheduled and notice of such hearing shall be given as set forth below.

B.

The City Council, in its discretion, may request that the Planning Commission hold a hearing and provide a recommendation to the Council on the proposed designation prior to the Council's hearing. Notice of any hearing before the Planning Commission shall be published according to this Title of the Municipal Code. The Planning Commission shall preserve a record of its proceedings and shall make a written report of its recommendations, if any, to the Council, which report shall be advisory only.

(Ord. 761-22, § 3(Exh. A), 2022)

A.

The City Council shall prepare a notice of the designation hearing which shall include:

1.

The time and place of the hearing.

2.

The place at which materials relating to the matter to be designated and any guidelines and regulations for the administration thereof may be examined.

3.

The telephone number where inquiries may be answered.

4.

A description of the area or activity proposed to be designated in sufficient detail to provide reasonable notice as to property which would be included.

B.

The City Council shall maintain a mailing list of the names of those persons requesting of the City Clerk that their names and addresses be placed on the list and paying to the Clerk an annual fee of twenty dollars ($20.00) to cover the costs of production, handling and mailing of notices of all such hearings, pursuant to Sections 24-65.1-404(2)(b) and 24-65.1-501(2)(c), C.R.S. In order to have a name and address retained on said mailing list, such persons shall resubmit their names and addresses and pay said annual fee before January 31 of each year. Interested persons are advised that notices of hearings before the Council are posted on the City website, www.evanscolorado.gov.

C.

At least thirty (30) days but no more than sixty (60) days before the public hearing, the City Council shall publish the notice one (1) time in the newspaper of general circulation in the City designated by the Council as the City's legal newspaper and shall mail the notice by first class mail to each of the following:

1.

State and federal agencies, as deemed appropriate in the discretion of the City Council.

2.

Persons on the mailing list (subsequent to the initial adoption of guidelines and regulations).

(Ord. 761-22, § 3(Exh. A), 2022)

At the public hearings on designation, the Planning Commission, to the extent applicable, and the City Council shall consider such evidence as they deem appropriate, including, but not limited to, testimony and documents addressing the following considerations:

1.

The intensity of current and foreseeable development pressures.

2.

The matters and considerations set forth in any applicable guidelines.

3.

The boundaries of any area proposed for designation.

4.

The reasons why the particular area or activity is of state interest, the adverse impacts that would result from uncontrolled development of any such area or uncontrolled conduct of such activity, and the advantage of development of such area or conduct of such activity in a coordinated manner.

5.

The extent to which other governmental entities regulate the area or activity proposed to be designated.

6.

The applicable criteria for administration of the proposed area or activity as set forth in these regulations and Section 24-65.1-201, et seq., C.R.S.

7.

The legislative declarations stated in Sections 24-65-102, 24-65.1-101 and 29-20-102, C.R.S.

8.

The City's Master Plan, intergovernmental agreements, or any municipal master or comprehensive plan adopted as part of, pertaining to, or affected by the area or activity under consideration.

(Ord. 761-22, § 3(Exh. A), 2022)

A.

At the public hearing on designation, the Planning Commission, to the extent applicable, and the City Council shall receive into the public record:

1.

Testimony and evidence from any and all persons or organizations desiring to appear and be heard, including City staff.

2.

Any documents that may be offered.

3.

The recommendations of the Planning Commission, if any.

B.

The Council may impose reasonable time limitations on testimony, and may invite persons representing the same point of view to consolidate their presentations. The Colorado Rules of Civil Procedure will not govern the conduct of the hearing, which is legislative in nature and shall be in ordinance form as an addition to this Title of the Evans Municipal Code.

C.

The Council may continue the hearing from time to time for a period not to exceed sixty (60) days. If the hearing is continued, no additional notice of the hearing needs to be given other than oral announcement at the time and place of the continuance of the next scheduled hearing time and place.

D.

No additional public input, either oral or written, shall be accepted for the record by the City Council after the hearing is closed, except as specifically permitted by the Council.

(Ord. 761-22, § 3(Exh. A), 2022)

A.

The City Council shall collect and preserve the following record of the public hearing:

1.

A copy of the notice of the hearing.

2.

The certificates of publication of the notice of the hearing and a listing of all persons to whom the notice was mailed.

3.

The names and addresses of persons who presented written or oral statements or offered documentary evidence.

4.

Any written statements or documents presented in support of or in opposition to the proposed designation of the matter of state interest.

5.

Any recording or transcript, if any, of the hearing.

6.

The order of designation of the area or activity of state interest.

7.

A map or maps depicting each area of state interest designated.

B.

Any person may, at his or her own expense, provide for the recording of the hearing and transcription thereof, provided, however, that a copy of the recording or transcript thereof, if transcribed, shall be furnished free of charge to the City Council and shall become part of the record.

(Ord. 761-22, § 3(Exh. A), 2022)

A.

At the conclusion of the hearing, or within thirty (30) days thereafter, the City Council may adopt, adopt with modification or reject the proposed designation which was the subject of the public hearing. If designation and regulation under Section 24-65.1-101, et seq., C.R.S., is rejected, the City Council may regulate the matter under any other available land use control authority or it may reject the regulation of the matter entirely.

B.

Such action adopting the designation of an area or activity of state interest shall be taken by ordinance.

C.

In the event the City Council finally determines that any matter is a matter of state interest, it shall be the Council's duty to adopt regulations for the administration thereof by ordinance.

D.

Each designation order adopted by the City Council shall:

1.

Specify the boundaries of the designated area of state interest or the boundary of the area in which an activity of state interest has been designated.

2.

State reasons why the designation is appropriate in light of the factors specified above to be considered at the public hearings.

3.

Specify the regulations applicable to the designated matter of state interest.

E.

Adoption of regulations adopted after designation of a matter of state interest shall be enacted by Code amendment through adoption of a Code ordinance change.

(Ord. 761-22, § 3(Exh. A), 2022)

A notice of the designation shall be certified by the City Council to the Weld County Clerk and Recorder and shall be filed in the same manner as any document affecting real property.

(Ord. 761-22, § 3(Exh. A), 2022)

After a matter of state interest is designated pursuant hereto, no person shall engage in development in such area and no such activity shall be conducted until the designation and regulations for such area or activity are finally determined as required by C.R.S. § 24-65.1-404(4).

(Ord. 761-22, § 3(Exh. A), 2022)

If a person proposes to engage in development in an area of state interest or to conduct an activity of state interest not previously identified, designated or for which regulations have not been adopted or for which amendments are pending, the City Council alone may hold one (1) hearing for determination of identification, designation and regulations as well as for granting or denying the permit. No permit that is granted at the conclusion of any such hearing shall have the authority to engage in development or to conduct an activity until the identification, designation and regulations are finally determined.

(Ord. 761-22, § 3(Exh. A), 2022)

On April 4, 2022 pursuant to the provisions of this Chapter, the Evans City Council designated the entire incorporated area of Evans, Colorado, and all future expansion of the City, as a mineral resource (oil and gas) area of state interest [the "Evans Mineral Resource (Oil and Gas) Area"], through the authority delegated to Local Governments in Section 24-65.1-202, C.R.S. Such designation is contained in this Section below. The regulations (referred to herein as "1041 Evans Oil and Gas Exploration and Production Area Regulations") set forth in this Chapter are also made pursuant to the authority granted to the City of Evans in the Colorado Areas and Activities of State Interest Act ("AASIA"), Sections 24-65.1-101, et seq., C.R.S.; the Colorado Local Government Land Use Enabling Act, Sections 29-20-101, et seq., C.R.S., including, without limitation, Section 29-20-104, C.R.S.; the City Community Development and Building Code statutes set forth in Title 30, Article 28, C.R.S.; the powers and authorities conferred upon home rule municipalities set forth in Title 30, Article 35, C.R.S., including authority to adopt the City of Evans Home Rule Charter to ensure self-determination and to promote the health, safety, security and general welfare of the people of the City of Evans; and all of the authorities granted to Local Governments in Title 34, Article 60, C.R.S. and in particular all of the amendments thereto included in S.B. 19-181. The purpose and intent of the 1041 Evans Oil and Gas Exploration and Production Area Regulations (E-OGLA) set forth in this Section are to:

1.

Encourage planned and orderly oil and gas development in the City;

2.

Provide for the needs of agriculture, industry, commerce, residential communities and recreation in future growth in the City;

3.

Encourage uses of land and other natural resources which are in accordance with their original character and adaptability in the City;

4.

Conserve soil, water and agricultural resources; to protect vested water and property rights; and to encourage exploration and production of oil and gas within the City;

5.

Protect air quality in the City;

6.

Protect the environment and wildlife in the City;

7.

Promote the efficient and economic use of public resources in the City;

8.

Protect and administer the Evans Mineral Resource (Oil and Gas) Area in such a manner as to permit the exploration and production of oil and gas through efficient location siting to eliminate or mitigate material adverse impacts and thereby minimize waste, unless such exploration and production would cause significant danger to public health, safety, welfare, environment and wildlife in the City;

9.

Balance the protection, mitigation of damage to and enhancement of environmental resources with the exploration and production of oil and gas within the Evans Mineral Resource (Oil and Gas) Area in the City; and

10.

Regulate the exploration and production of oil and gas within the Evans Mineral Resource (Oil and Gas) Area to balance the rights associated with property ownership of mineral owners with the protection of the environment and wildlife in the City and the health, safety and welfare of the citizens of the City.

(Ord. 761-22, § 3(Exh. A), 2022)

In addition to the terms defined earlier in this Chapter, the following terms specific to the designation of site selection and construction of oil and gas locations and oil and gas facilities shall be construed to have the meanings set forth as follows:

1041 WOGLA Hearing Officer means the Weld County Oil and Gas Energy Department (OGED) Hearing Officer and may also be referred to herein as the "Hearing Officer."

1041 E-OGLA permit means a 1041 Evans Oil and Gas Location Assessment permit issued pursuant to this Chapter.

1041 E-OGLA zone means a boundary measuring two thousand (2,000) feet from the oil and gas location.

Applicant means the person or entity who applies for a 1041 E-OGLA permit. The applicant may be referred to herein as the "1041 E-OGLA permittee" or "operator."

Application means the 1041 E-OGLA permit application filed by the applicant pursuant to this Chapter and may also be referred to herein as the "1041 E-OGLA permit application."

Application for intervention means an application supplied by OGED for the purpose of applying to intervene in a 1041 E-OGLA hearing pursuant to this Chapter.

AQCC means the Colorado Air Quality Control Commission.

Authority having jurisdiction means any other entity which may have jurisdiction over a certain area or may own or operate certain features affected by the application. Certain examples may include the State of Colorado, Weld County, municipalities, metro districts, or ditch companies. Authority having jurisdiction may also be referred to herein as "AHJ."

Barrel means forty-two (42) (U.S.) gallons at 60°F at atmospheric pressure.

Best management practices (BMPs) means practices that are designed to prevent or reduce impacts caused by oil and gas operations to air, water, soil, or biological resources, and to minimize adverse impacts to public health, safety and welfare, including the environment and wildlife resources.

Board of County Commissioners may also be referred to herein as "BOCC" or "Board."

Building unit means a residential building unit, as defined in this Title, and any building that is used for business or commercial purposes that is normally occupied during working hours.

CDPHE means the Colorado Department of Public Health and Environment.

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 E-OGLA permit notice pursuant to this Chapter. A child care center will include any associated outdoor play areas adjacent to or directly accessible from the center and is fenced or has natural barriers, such as hedges or stationary walls, at least four (4) feet high demarcating its boundary.

City Council means the City of Evans City Council, may also be referred to herein as "Council" or "City Council."

Classified water supply segment means perennial or intermittent streams, which are surface waters classified as being suitable or intended to become suitable for potable water supplies by the Colorado Water Quality Control Commission, pursuant to the basic standards and methodologies for surface water regulations (5 C.C.R. 1002-31).

Closed loop system means a mechanical system that separates liquids and solids during drilling operations to eliminate the need for reserve pits.

COGCC means the Colorado Oil and Gas Conservation Commission.

Completion means operations conducted on a well(s), subsequent to drilling, that are necessary to prepare or re-stimulate the well(s) for production. Completion operations include, but are not limited to, fracture preparation, hydraulic fracturing, drill-out and flowback.

Comprehensive development plan means a plan covering future oil and gas operations in a defined geographic area within a geologic basin. Comprehensive development plans may also be referred to herein as a "CDP."

Construction phase means all those activities related to the site construction, drilling and well completion that occur prior to interim reclamation being performed in accordance with this Chapter. Construction phase does not include activities such as surveying, staking, etc.

Container means any portable device in which a hazardous material is stored, transported, treated, disposed of, or otherwise handled. Examples include, but are not limited to, drums, barrels, totes, carboys, and bottles.

Community Development Director means the Community Development Director for the City of Evans, or their designee.

CPW means Colorado Parks and Wildlife.

Crop land means lands which are cultivated, mechanically or manually harvested, or irrigated for vegetative agricultural production, excluding range land.

Designated outside activity area ("DOAA") means:

1.

An outdoor venue or recreation area, such as a playground, permanent sports field, amphitheater, or other similar place of public assembly owned or operated by a local government, which the local government requests to have established as a DOAA; or

2.

An outdoor venue or recreation area, such as a playground, permanent sports field, amphitheater, or other similar place of public assembly where ingress to, or egress from the venue could be impeded in the event of an emergency condition at an oil and gas location less than three hundred fifty (350) feet from the venue due to the configuration of the venue and the number of persons known or expected to simultaneously occupy the venue on a regular basis.

Development area means the subsurface area from which operator intends to extract oil, gas and other resources.

Drilling fluid means the fluid mixture of water, mud, oil, and chemicals used to lubricate the drill bit during drilling operations.

Drilling pits means those pits used during drilling operations and initial completion of a well, and include:

1.

Ancillary pits used to contain fluids during drilling operations and initial completion procedures, such as circulation pits and water storage pits.

2.

Completion pits used to contain fluids and solids produced during initial completion procedures, and not originally constructed for use in drilling operations.

3.

Flowback pits used to contain fluids and solids produced during initial completion procedures.

4.

Reserve pits used to store drilling fluids for use in drilling operations or to contain E&P waste generated during drilling operations and initial completion procedures.

Enhanced recovery means a technique of recovering additional oil and gas from a mineralized zone by injecting fluids in an effort to force more of the hydrocarbons to a well.

EPA means the environmental protection agency.

Emergency pit means a man-made depression in the ground that is used to contain liquids during an initial phase of emergency response operations related to a spill/release or process upset conditions.

Exploration and production waste ("E&P waste") means those wastes associated with operations to locate or remove oil or gas from the ground or to remove impurities from such substances which are uniquely associated with and intrinsic to oil and gas exploration, development, or production operations that are exempt from regulation under Subtitle C of the Resource Conservation and Recovery Act (RCRA), 42 USC Sections 6921, et seq. For natural gas, primary field operations include those production-related activities at or near the wellhead and at the gas plant (regardless of whether or not the gas plant is at or near the wellhead), but prior to transport of the natural gas from the gas plant to market.

Field means the general area which is underlaid or appears to be underlaid by at least one (1) pool; and "field" shall include the underground reservoir or reservoirs containing oil or gas or both. The words "field" and "pool" mean the same thing when only one (1) underground reservoir is involved; however, "field," unlike "pool," may relate to two (2) or more reservoirs.

Financial assurance means a surety bond, cash collateral, certificate of deposit, letter of credit, sinking fund, escrow account, lien on property, security interest, guarantee, or other instrument or method in favor of and acceptable to the City of Evans Community Development Director and the City Attorney. The term encompasses general liability insurance.

Floodplain means any land area susceptible to being inundated as a result of a flood, including the area of land over which floodwater would flow from the spillway of a reservoir. The FEMA-mapped floodplains are shown on FEMA's DFIRM, FIRM and FBFM maps.

Flowback means the liquid used in hydraulic fracturing operations that returns to the surface after being injected into the formation.

Flowline means a segment of pipe transferring oil, gas, or condensate and/or water between a wellhead and processing equipment to the load point or point of delivery to a U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration or Colorado Public Utilities Commission regulated gathering line or a segment of pipe transferring produced water between a wellhead and the point of disposal, discharge, or loading. This definition of flowline does not include a gathering line. The different types of flowlines are:

1.

Wellhead line means a flowline that transfers well production fluids from an oil or gas well to processing equipment (e.g., separator, production separator, tank, heater treater), not including preconditioning equipment such as sand traps and line heaters, which do not materially reduce line pressure.

2.

Production piping means a segment of pipe that transfers well production fluids from a wellhead line or production equipment to a gathering line or storage vessel and includes the following:

a.

Production line means a flowline connecting a separator to a meter, LACT, or gathering line;

b.

Dump line means a flowline that transfers produced water, crude oil, or condensate to a storage tank, pit, or process vessel and operates at or near atmospheric pressure at the flowline's outlet;

c.

Manifold piping means a flowline that transfers fluids into a piece of production facility equipment from lines that have been joined together to comingle fluids; and

d.

Process piping means all other piping that is integral to oil and gas exploration and production related to an individual piece or a set of production facility equipment pieces.

3.

Off-location flowline means a flowline transferring produced fluids (crude oil, natural gas, condensate, or produced water) from an oil and gas location to a production facility, injection facility, pit, or discharge point that is not on the same oil and gas location. This definition also includes flowlines connecting to gas compressors or gas plants.

4.

Peripheral piping means a flowline that transfers fluids such as fuel gas, lift gas, instrument gas, or power fluids between oil and gas facilities for lease use.

5.

Produced water flowline means a flowline on the oil and gas location used to transfer produced water for treatment, storage, discharge, injection or reuse for oil and gas operations.

A segment of pipe transferring only fresh water is not a flowline.

Fresh water means water currently being used as drinking water or having a total dissolved solids (TDS) concentration of less than ten thousand (10,000) milligrams per liter (mg/l).

Freshwater pit means a man-made depression in the ground that is lined with an impermeable substance which contains fresh water used for drilling or hydraulic fracturing operations.

Future school facility means a school facility that is not yet built, but that the school or school governing body plans to build and use for students and staff within three (3) years of the date the school or school governing body receives a 1041 E-OGLA permit notice pursuant to this Chapter. To be considered a future school facility, the following requirements must be satisfied:

1.

For public, non-charter schools, the school governing body must affirm the nature, timing, and location of the future school facility in writing; or

2.

For charter schools, the school must have been approved by the appropriate school district or the State Charter School Institute, Section 22-30.5-505, C.R.S., at the time it receives a 1041 E-OGLA permit notice pursuant to this Chapter, and the school governing body must affirm the nature, timing, and location of the future school facility in writing; or

3.

For private schools, the school governing body must be registered with the Office of the Colorado Secretary of State at the time it receives a 1041 E-OGLA permit notice pursuant to this Chapter, and must provide documentation proving its registration with the Office of the Colorado Secretary of State, its tax-exempt status, and its submitted land use plans to the relevant local government building and community development office.

Gas facility means those facilities that process or compress natural gas after production-related activities which are conducted at or near the wellhead and prior to a point where the gas is transferred to a carrier for transport.

Gas storage well means any well drilled for the injection, withdrawal, production, observation, or monitoring of natural gas stored in underground formations. The fact that any such well is used incidentally for the production of native gas or the enhanced recovery of native hydrocarbons shall not affect its status as a gas storage well.

Gas well means a well, the principal production of which at the mouth of the well is gas, as defined by the Oil and Gas Conservation Act of the State of Colorado ("the Act").

Gathering line means a gathering pipeline or system as defined by the Colorado Public Utilities Commission, Regulation No. 4, 4 C.C.R. 723-4901, Part 4, (4 C.C.R. 723-4901) or a pipeline regulated by the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration pursuant to 49 C.F.R. Section 195.2 or 192.8; 49 C.F.R. Section 195.2 or 192.8; and 4 C.C.R. 723-4901 in existence as of the date of this regulation and does not include later amendments. Additionally, 49 C.F.R. Section 195.2 or 192.8 may be found at https://www.phmsa.dot.gov and 4 C.C.R. 723-4901 may be found at https://www.sos.state.co.us.

Groundwater means subsurface waters in a zone of saturation.

High occupancy building unit means any nursing facility as defined in Section 25.5-4-103(14), C.R.S., hospital, life care institutions as defined in Section 12-13-101, C.R.S., or correctional facility as defined in Section 17-1-102(1.7), C.R.S., provided the facility or institution regularly serves fifty (50) or more persons.

High priority habitat means the high priority wildlife habitat areas in the City of Evans identified in Rule 1203 of the COGCC rules. This is a reference map available through Colorado Parks and Wildlife or may be available through the Colorado Oil and Gas Conservation Commission database.

HMWMD means hazardous materials and waste management division of the CDPHE.

Hydraulic fracturing means all stages of the stimulation process of a well by the application of hydraulic fracturing fluid under pressure that is expressly designed to initiate or propagate fractures in a target geologic formations to enhance production of oil and natural gas.

Hydraulic fracturing fluid means the fluid used to perform hydraulic fracturing.

LACT (lease automated custody transfer) means the transfer of produced crude oil or condensate, after processing or treating in the producing operations, from storage vessels or automated transfer facilities to pipelines or any other form of transportation.

Land application means the disposal method by which E&P waste is spread upon or sometimes mixed into soils.

Land treatment means the treatment method by which E&P waste is applied to soils and treated to result in a reduction of hydrocarbon concentration by biodegradation and other natural attenuation processes. Land treatment may be enhanced by tilling, disking, aerating, composting and the addition of nutrients or microbes.

Local government means a City (in this Title other than Evans), home rule or statutory city, town, territorial charter city, county, or any special district established pursuant to the Special District Act, Sections 32-1-101 to 32-11-807 (2013) C.R.S, which is located within two thousand (2,000) feet from the oil and gas location.

Local governmental designee ("LGD") means the office designated to receive, on behalf of the local government, copies of all documents required to be filed with the LGD pursuant to these rules.

Mineral owner means the person who has the right to drill into and produce from a pool and to appropriate the oil or gas produced therefrom either for such owner or others, including owners of a well capable of producing oil or gas, or both.

Minimize adverse impacts means, wherever reasonably practicable, and taking into consideration cost effectiveness, technical feasibility and the development standards set forth in this Title, to avoid adverse impacts to public health, safety, environment and wildlife resources, including cumulative impacts where practicable operators shall consolidate facilities and pipeline rights-of-way, and minimize the extent and severity of those impacts that cannot be avoided considering such minimization is reasonably practicable, takes into consideration cost effectiveness, and is technically feasible.

Multi-well pits means pits used for treatment, storage, recycling, reuse, or disposal of E&P wastes generated from more than one (1) well that will be in use for no more than three (3) years.

Non-crop land means all lands which are not defined as crop land, including range land.

OGED means the Weld County Oil and Gas Energy Department.

OGED Director means the Director of the Weld County Oil and Gas Energy Department, or their designee.

Oil and gas facility means equipment or improvements used or installed at an oil and gas location for the exploration, production, withdrawal, treatment, or processing of crude oil, condensate, E&P waste, or gas. Oil and gas facility may also be referred herein in certain circumstances synonymously as "facility."

Oil and gas location means a definable area where an operator has disturbed or intends to disturb the land surface to locate an oil and gas facility. Oil and gas location may also be referred to herein in certain circumstances synonymously as "disturbance area" or "location."

Oil and gas operations means exploration for and production of oil and gas, including, but not limited to, conducting seismic operations and the drilling of test bores; siting, drilling, deepening, recompleting, reworking, injection of fluids for enhanced recovery, or abandoning a well; producing operations related to any well, including installing flowlines; the generating, transporting, storing, treating, or disposing exploration and production wastes; and any constructing, site preparing, or reclaiming activities associated with such operations, some of which these operations may not be permissible in Evans.

Oil and gas solar energy facility (OGSEF) means a facility whose primary purpose is to supply electricity to the oil and gas location and consists of one (1) or more solar arrays and other accessory structures and equipment. The OGSEF shall be no more than ten (10) acres in size, and shall be contiguous to, as well as considered part of, the oil and gas location. Procedures for approval and operation of OGSEF's shall be included in the 1041 E-OGLA permit.

Oil well means a well, the principal production of which at the mouth of the well is oil, as defined by the Act.

Oily waste means those materials containing crude oil, condensate, or other E&P waste, such as soil, frac sand, drilling fluids, and pit sludge that contain hydrocarbons.

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 E-OGLA permit. The operator may be referred to herein as the "1041 E-OGLA permittee" or "applicant."

Operator registration means the process by which a person, company or other entity has submitted an operator registration to the OGED director. Operator registration shall be completed on a form provided by OGED and shall be kept on record so long as the person, company or other entity has operational wells, oil and gas facilities, oil and gas locations in the City. The operator registration shall also be provided to the Evans Community Development Department by the operator.

Overlay zoning districts, when used in this Chapter, shall have the same meaning as the definition included in Chapter 18.03.

Person means any natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, or other representative of any kind.

Pipeline for this Chapter, 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 fresh water pits, 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 (1) or more points or locations at which compliance with applicable groundwater standards established under water quality control commission basic standards for groundwater, Section 3.11.4, must be achieved.

Pollution means man-made or man-induced contamination or other degradation of the physical, chemical, biological, or radiological integrity of air, water, soil, or biological resource.

Production facility means any storage, separation, treating, dehydration, artificial lift, power supply, compression, pumping, metering, monitoring, and other equipment directly associated with a well.

Production phase means all those activities on an oil and gas location related to production that occur after the wells are first turned to sales, or interim reclamation has been performed in accordance with this Title.

Production pit means a man-made depression in the ground that is lined with an impermeable substance which is used after drilling operations and initial completion of a well. Production ponds include:

1.

Produced water pit means a man-made depression in the ground that is lined with an impermeable substance used to temporarily store produced water prior to injection for enhanced recovery or disposal, off-site transport, or surface-water discharge.

2.

Evaporation pit means a man-made depression in the ground that is lined with an impermeable substance used to contain produced waters which evaporate into the atmosphere by natural thermal forces.

Produced water means water extracted from the earth from an oil or natural gas production well, or separated from crude oil, condensate, or natural gas after extraction.

Proppant means sand or any natural or man-made material that is used in a hydraulic fracturing to prop open the artificially created or enhance natural fractures within the formation during completion operations.

Public water system means those systems shown and/or listed in Appendix VI of the COGCC rules. These systems provide to the public water for human consumption through pipes or other constructed conveyances, if such systems have at least fifteen (15) service connections or regularly serve an average of at least twenty-five (25) individuals daily at least sixty (60) days out of the year. Such definition includes:

1.

Any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system.

2.

Any collection or pretreatment storage facilities not under such control, which are used primarily in connection with such system.

The definition of "public water system" does not include any "special irrigation district," as defined in Colorado Primary Drinking Water Regulations (5 C.C.R. 1003.1).

Reclamation means the process of returning or restoring the surface of disturbed land as nearly as practicable to its condition prior to the commencement of oil and gas operations or to landowner specifications. Reclamation may be interim or final as set forth in this Title.

Reference area means an area either (1) on a portion of the site that will not be disturbed by oil and gas operations, if that is the desired final reclamation; or (2) another location that is undisturbed by oil and gas operations and proximate and similar to a proposed oil and gas location in terms of vegetative potential and management, owned by a person who agrees to allow periodic access to it by the City of Evans, the Weld County OGED Director and the operator for the purpose of providing baseline information for reclamation standards, and intended to reflect the desired final reclamation.

Release means any unauthorized discharge of E&P waste to the environment over time.

Remediation means the process of reducing the concentration of a contaminant or contaminants in water or soil to the extent necessary to ensure compliance with the concentration levels found in the Weld County Code, and other applicable ground water standards and classifications.

Remote location means an oil and gas location where there are no sensitive receptors (e.g. building units, high priority habitats, or designated outside activity areas) that are located within one (1) mile (five thousand two hundred eighty (5,280) ft.), a remote location may otherwise be determined by the City of Evans Community Development Department and OGED Director based on existing topographical, geographical, and other factors.

Reserve pits means those pits used to store drilling fluids for use in drilling operations or to contain E&P waste generated during drilling operations and initial completion procedures.

Residential building unit means a building or structure designed for use as a place of residency by a person, a family, or families. The term includes manufactured, mobile, and modular homes, except to the extent that any such manufactured, mobile, or modular home is intended for temporary occupancy, or for business purposes.

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 this Code, or order of the Hearing Officer, 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.

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 (property), whether indoor or outdoor, associated with a school, that students use commonly as part of their curriculum or extracurricular activities. A school facility is either adjacent to or owned by the school or school governing body, and the school or school governing body has the legal right to use the school facility at its discretion. The definition includes future school facility.

School governing body means the school district board or board of directors for public schools or the board of trustees, board of directors, or any other body or person charged with administering a private school or group of private schools, or any-body or person responsible for administering or operating a child care center. A school governing body may delegate its rights under these rules, in writing, to a superintendent or other staff member, or to a principal or senior administrator of a school that is in proximity to the proposed oil and gas location.

Sensitive area means an area vulnerable to potential significant adverse groundwater impacts, due to factors such as the presence of shallow groundwater or pathways for communication with deeper groundwater; proximity to surface water, including lakes, rivers, perennial or intermittent streams, creeks, irrigation canals, and wetlands. Additionally, areas classified for domestic use by the Colorado Water Quality Control Commission, local (water supply) wellhead protection areas, areas within one-eighth (⅛) mile of a domestic water well, areas within one-quarter (¼) mile of a public water supply well, ground water basins designated by the Colorado Ground Water Commission, and surface water supply areas are sensitive areas. When the operator, City of Evans or OGED Director has data that indicate an impact or threat of impact to ground water or surface water, the City of Evans and/or the OGED Director may require the operator to make a sensitive area determination and that determination shall be subject to the City's and/or OGED Director's approval. The sensitive area determination shall be made using appropriate geologic and hydrogeologic data to evaluate the potential for impact to ground water and surface water, such as soil borings, monitoring wells, or percolation tests that demonstrate that seepage will not reach underlying ground water or waters of the state and impact current or future uses of these waters. Operators shall submit data evaluated and analysis used in the determination to the City and OGED Director. Operations in sensitive areas shall incorporate adequate measures and controls to prevent significant adverse environmental impacts and ensure compliance with the concentration levels consistent with standards applied in the Weld County Code, with consideration to WQCC standards and classifications.

Site analysis means the comprehensive community development process performed by the applicant which considers the site the applicant intends to deliver to staff inside of a 1041 E-OGLA permit application against one (1) or more alternative sites considered by the applicant in terms of protecting public health, safety, welfare, environment and wildlife.

Solid waste means any garbage, refuse, sludge from a waste treatment plant, water supply plant, air pollution control facility, or other discarded material; including solid, liquid, semisolid, or contained gaseous material resulting from industrial operations, commercial operations, or community activities. Solid waste does not include any solid or dissolved materials in domestic sewage, or agricultural wastes, or solid or dissolved materials in irrigation return flows, or industrial discharges which are point sources subject to permits under the provisions of the Colorado Water Quality Control Act, Title 25, Article 8, C.R.S. or materials handled at facilities licensed pursuant to the provisions on radiation control in Title 25, Article 11, C.R.S. solid waste does not include: (a) materials handled at facilities licensed pursuant to the provisions on radiation control in Title 25, Article 11, C.R.S.; (b) excluded scrap metal that is being recycled; or (c) shredded circuit boards that are being recycled.

Solid waste disposal means the storage, treatment, utilization, processing, or final disposal of solid wastes.

Special purpose pits means pits used in oil and gas operations, including pits related to produced water flowlines or associated with E&P waste from gas gathering, processing and storage facilities, which constitute:

1.

Blowdown pits used to collect material resulting from, including, but not limited to, the emptying or depressurizing of wells, vessels, or flowlines, or E&P waste from gathering systems.

2.

Flare pits used exclusively for flaring gas.

3.

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.

4.

Workover pits used to contain liquids during the performance of remedial operations on a producing well to increase production.

5.

Plugging pits used for containment of fluids encountered during the plugging process.

Spill means any unauthorized sudden discharge of E&P waste to the environment.

Spud means to start the well drilling process by removing rock, dirt, and other sedimentary material with the drill bit.

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.

Stratigraphic well means a well drilled for stratigraphic information only. Wells drilled in a delineated field to known productive horizons shall not be classified as "stratigraphic." Neither the term "well" nor "stratigraphic well" shall include seismic holes drilled for obtaining geophysical information only.

Sundry form means a multipurpose form supplied by the City of Evans and the OGED used by the operator to request approval of proposed amendments or provide notice of various operations on any oil and gas location or facility located in the Evans Mineral Resource (Oil and Gas) Area. It may also be referred to herein as "1041 E-OGLA sundry form," "sundry" or "amendment."

Surface owner means any person currently 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 City in which the tract of land is situated, or any person with such rights under a recorded contract to purchase.

Surface use agreement ("SUA") means any agreement in the nature of a contract or other form of document, signed by the landowner and notarized, binding on the operator, including any lease, damage agreement, waiver, local government approval or permit, or other form of agreement, which governs the operator's activities within the oil and gas location.

Surface water intake means the works or structures at the head of a conduit through which water is diverted from a classified water supply segment and/or source (e.g., river or lake) into the treatment plant.

Surface water supply area means the classified water supply segments within five (5) stream miles upstream of a surface water intake on a classified water supply segment. Surface water supply areas shall be identified on the public water system surface water supply area map.

Tank means a stationary vessel constructed of non-earthen materials (e.g. concrete, steel, plastic) that provides structural support and is designed and operated to store produced fluids or E&P waste. Examples include, but are not limited to, condensate tanks, crude oil tanks, produced water tanks, and gun barrels. Exclusions include containers and process vessels such as separators, heater treaters, free water knockouts, and slug catchers.

Temporary means a period of six (6) months or less.

Turn-in-line means a well turned to sales, and may also be referred to herein as "TIL."

USDA means the United States Department of Agriculture.

Use means any purpose for which a structure or a tract of land may be designed, arranged, intended, maintained or occupied; also, any activity, occupation, business or operation which is carried on, in or on a structure or on a tract of land. The term may also be referred to herein as "land use."

Weed means any undesirable plant.

Well means an oil well or gas well, a hole drilled for the purpose of producing oil or gas, a well into which fluids are injected, a stratigraphic well, a gas storage well, or a well used for the purpose of monitoring or observing a reservoir.

Well site means the areas that are directly disturbed during the drilling and subsequent operation of, or affected by production facilities directly associated with, any oil well, gas well, or injection well and its associated well pad.

Wildlife resources means fish, wildlife, and their aquatic and terrestrial habitats.

WQCC means Water Quality Control Commission of the CDPHE.

WQCD means Water Quality Control Division of the CDPHE.

All other words used herein shall be given their usual customary and accepted meaning, and all words of a technical nature, or peculiar to the oil and gas industry, shall be given that meaning which is generally accepted in said oil and gas industry. A definition may be provided however, provision of a definition of a use does not equate to allowance of the use.

(Ord. 761-22, § 3(Exh. A), 2022)

A.

An Evans Oil and Gas Location Assessment pursuant to this Chapter ("1041 E-OGLA") requires additional consideration to ensure the oil and gas facility and oil and gas location are developed in a manner that complies with various development standards set forth in this Chapter and provides compatibility with uses located within two thousand (2,000) feet of the oil and gas location (including school facilities and child care centers within two thousand (2,000) feet of the oil and gas location). The 1041 E-OGLA permit is designed to protect and promote the health, safety, and welfare of the City's citizens, environment, and wildlife.

B.

A 1041 E-OGLA permit is required for all oil and gas development in the City after adoption of this Title for the construction of an oil and gas location in all zone districts. Existing approved oil and/or gas facilities in Evans may be required to obtain a new 1041 E-OGLA permit and are subject to the development standards as set forth in this Title.

C.

No oil and gas facility shall be constructed in any zone district until a 1041 E-OGLA permit has been granted by a 1041 WOGLA Hearing Officer, and accepted by City Council pursuant to the procedures set forth below or following appeal to the City Council pursuant to provisions of this Chapter. A development agreement is needed to be entered into between the operator and the City and shall occur after the W-OGLA Hearing Officer sends the E-OGLA permit to the City for acceptance by City Council. This applies to:

1.

Any new oil and gas location, meaning surface disturbance at a previously undisturbed or fully reclaimed site;

2.

Surface disturbance for purposes of permanently expanding an existing oil and gas location beyond the originally disturbed area; and

3.

Major changes to an existing oil and gas facility or oil and gas location as outlined in this Chapter.

D.

No 1041 E-OGLA permit shall be required for:

1.

An oil and gas location or facility for which an application has been submitted to the COGCC on or before April 4, 2022.

2.

Refracs, recompletions, or routine well site operations, including, but not limited to, swabbing, workovers and normal repairs and maintenance of an existing oil and gas facility. Like kind replacement of equipment would be considered routine well site operations.

3.

Surface disturbance at an existing oil and gas location within the original disturbed area which does not have the effect of permanently expanding the oil and gas facility or the oil and gas location.

4.

Repairs or maintenance of an oil and gas facility required by a state or federal compliance order.

5.

Facilities permitted, constructed, operated and maintained pursuant to the municipal code in effect prior to the effective date of this Chapter, including, but not limited to, oil and gas facilities.

However, other permits or agreements may need to be obtained for the activities listed above, including those permits or agreements listed in this Chapter, as well as any applicable county, state or federal permits.

E.

Changes of use, changes of equipment, or any other changes or modifications to an oil and gas location or oil and gas facility located within the Evans Mineral Resources (Oil and Gas) Area shall submit documentation via the sundry form as outlined in this Chapter.

F.

Any person or operator filing an application for a 1041 E-OGLA permit shall comply with the procedures and regulations set forth in this Chapter.

G.

Any person or operator filing an application for a 1041 E-OGLA permit shall comply with this Chapter if the proposal is located within any overlay district area or a special flood hazard area identified by maps officially adopted by the City.

H.

Applications for a 1041 E-OGLA permit shall be completed as set forth in this Chapter. The completed application and application fees shall be submitted to the City of Evans.

I.

The review, consideration and issuance of a 1041 E-OGLA permit is an administrative hearing process. Oil and gas exploration and production in Evans is considered development as that term is defined in this Chapter, C.R.S. As such, Section 24-65.1-108, C.R.S., is applicable to permitting of oil and gas development in Evans.

J.

Information regarding the status of or facts and circumstances regarding an approved 1041 E-OGLA permit, including any desired changes or modifications, may be transmitted by a 1041 E-OGLA permittee to the City's Community Development Director via electronic means.

(Ord. 761-22, § 3(Exh. A), 2022)

A.

Nothing in these 1041 E-OGLA regulations shall be construed as exempting an applicant for a 1041 E-OGLA permit from any other requirements of this City.

B.

As stated in, above, these 1041 E-OGLA regulations are written, in part, according to the authority granted exclusively to local governments in subsections 29-20-104(1)(g) and (1)(h), C.R.S., and are intended to address the following areas and topics regarding oil and gas exploration and production in Evans:

1.

Land use;

2.

The location and siting of oil and gas facilities and oil and gas locations;

3.

Impacts to public facilities and services;

4.

Water quality and source, noise, vibration, odor, light, dust, air emissions and air quality, land disturbance, reclamation procedures, cultural resources, emergency preparedness and coordination with first responders, security, and traffic and transportation impacts;

5.

Financial securities, indemnification, and insurance as appropriate to ensure compliance with these 1041 E-OGLA regulations;

6.

All other nuisance-type effects of oil and gas development addressed in these 1041 E-OGLA regulations; and

7.

Guiding the development for and regulating the use of land so as to provide planned and orderly use of land and protection of the environment in a manner consistent with constitutional rights.

C.

These 1041 E-OGLA regulations are written pursuant to the authorities granted to Evans in the AASIA and specifically the express authorities set forth in Sections 24-65.1-202 and 24-65.1-402, C.R.S., to adopt guidelines and regulations governing oil and gas exploration and production in Evans. To the extent these 1041 E-OGLA regulations are inconsistent with the regulations of COGCC regarding any of the areas and topics regarding oil and gas exploration and production in Evans listed above, these 1041 E-OGLA regulations control.

D.

Pursuant to Section 34-60-131, C.R.S., it is the intent of the City Council to regulate oil and gas exploration and production in Evans cooperatively with Weld County and the COGCC, deferring regulation of the areas and topics regarding oil and gas exploration and production not addressed in these 1041 E-OGLA regulations to the COGCC.

(Ord. 761-22, § 3(Exh. A), 2022)

Prior to construction or operation of facilities related to upstream oil and gas operations, an operator shall submit a one-time operator registration form provided by the OGED Director of Weld County and the operator shall present a copy of the same to the Evans Community Development Director.

(Ord. 761-22, § 3(Exh. A), 2022)

The City Council, 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/Department of Natural Resources/Denver, Colorado/1974 (a mapping layer is available on the Weld County GIS website); the guidelines set forth in Section 24-65.1-202, C.R.S.; and the provisions and requirements of these 1041 E-OGLA regulations, hereby orders that the designation of the entire incorporated area of Evans, and as it may expand, a mineral resource (oil and gas) area of state interest [the "Evans Mineral Resource (Oil and Gas) Area"] made by the City Council on April 4, 2022, is hereby ratified and confirmed and that this activity shall be regulated pursuant to the provisions of this Chapter.

(Ord. 761-22, § 3(Exh. A), 2022)

Because oil and gas resources are found throughout the incorporated area of Evans and are being developed rapidly, the City Council has designated the incorporated area of Evans, as it may expand over time, as a mineral resource (oil and gas) area:

1.

To regulate oil and gas development in a manner that respects local values and protects the health, safety and welfare of the City's community and environment;

2.

To ensure coordination and compatibility between oil and gas exploration and future land use planning;

3.

To adequately plan for and properly mitigate the instances of encroachment of residential development upon existing oil and gas operations; and

4.

To have local oversight in land use community development decisions regarding oil and gas exploration and production in Evans.

(Ord. 761-22, § 3(Exh. A), 2022)

A.

No person may explore or produce oil and gas within the Evans Mineral Resource (Oil and Gas) Area without first obtaining a 1041 E-OGLA permit pursuant to these 1041 E-OGLA regulations.

B.

The City may not issue a building permit for purposes of exploration or extraction of oil and gas within the Evans Mineral Resource (Oil and Gas) Area without the applicant first having obtained a 1041 E-OGLA permit pursuant to these 1041 E-OGLA regulations.

C.

Operator registration. All persons or entities desiring to perform oil and gas operations within the Evans Mineral Resource (Oil and Gas) Area shall have a valid operator registration form on file with OGED and the City's Community Development Department.

(Ord. 761-22, § 3(Exh. A), 2022)

The application, notice, and conduct of 1041 E-OGLA permit hearings, appeal of Hearing Officer decisions and issuance and content of permits for exploration or production of oil and gas within the Evans Mineral Resource (Oil and Gas) Area shall comply with the provisions set forth in this Chapter.

(Ord. 761-22, § 3(Exh. A), 2022)

Operators are encouraged to initiate and enter into comprehensive development plans ("CDP") where feasible and with the agreement of surface owner(s). CDPs will identify foreseeable oil and gas activities in a defined geographic area, facilitate discussions about potential cumulative impacts, and identify mitigation measures to minimize adverse impacts to public health, safety, welfare, and environment, including wildlife resources. The plan shall (a) identify natural features of the geographic area, including vegetation, wildlife resources, and other attributes of the physical environment; (b) describe the operator's future oil and gas operations in the area; (c) identify potential impacts from such operations; (d) develop agreed-upon measures to avoid, minimize, and mitigate the identified potential impacts; and (e) include other relevant information. A comprehensive development plan must be approved by the City of Evans, the Weld County 1041 Hearing Officer and shall be valid for a period of up to ten (10) years, as recommended by the City of Evans Community Development Director and the Weld County OGED Director, and as approved by the Hearing Officer, unless extended by the 1041 E-OGLA Hearing Officer with City approval.

(Ord. 761-22, § 3(Exh. A), 2022)

A.

Pre-application meeting. Prior to delivery of the 1041 E-OGLA notice, the applicant shall request a pre-application meeting with the OGED Director. The OGED Director will coordinate with the Community Development Director. This meeting may be conducted through a face-to-face meeting, electronic mail exchange, or conference call, as determined by both the Community Development Director and the OGED Director. The purpose of the pre-application meeting is to give the applicant an opportunity to demonstrate, through written and graphic information, how the oil and gas location complies with the standards set forth in this Chapter, while protecting the health, safety, and welfare of the City's citizens, environment, and wildlife. One (1) of the primary reasons for the pre-application meeting is to discuss comprehensive community development and pros and cons of alternative sites. The following shall be submitted to the OGED Director as part of the request for a pre-application meeting:

1.

Pre-application meeting request. The pre-application meeting request shall be submitted by the applicant on the current form supplied by the OGED.

2.

Development area drawing. The purpose of the development area (DA) drawing is to illustrate the surroundings to assist in comprehensive community development and in the discussion of oil and gas location siting. The drawing shall identify the DA for which the wells on the oil and gas location are intended to produce, and the preferred site the applicant is considering. In the case of an oil and gas location with no wells, the well(s) producing to that oil and gas location shall be identified.

3.

Proposed haul route map. The purpose of the haul route map is to identify the applicant's desired route to and from the preferred oil and gas location. The map shall identify the proposed haul route, including off-site haul route(s), from the preferred oil and gas location to the nearest City designated collector or arterial roadway or nearest highway, and indicate the desired new or existing access point.

4.

Surface owner name, address, phone number and date of signed SUA, if available.

Upon submittal of the request, the OGED Director shall be responsible for scheduling the pre-application meeting. This meeting shall take place within fourteen (14) business days of the submitted request. Attendees of the pre-application meeting will be the applicant, the Community Development Director, and the OGED Director. Invitations to participate in the pre-application meeting will also be sent to the COGCC Director, CPW (if the proposed oil and gas location is within a high priority habitat), and any other entity as determined by the Community Development Director and/or the OGED Director. The requirement of the pre-application meeting may be waived but only on the approval of both the Community Development Director and the OGED Director.

At the conclusion of the pre-application meeting, the applicant shall send 1041 E-OGLA notice to all required notice parties listed in this Chapter, below. The notice shall encompass any agreed upon changes resulting from the pre-application meeting.

B.

1041 E-OGLA notice. Within six (6) months of the pre-application meeting the 1041 E-OGLA notice shall be delivered by the applicant to the following parties:

1.

The Community Development Director;

2.

The OGED Director;

3.

The surface owner;

4.

Property owner(s) whose property boundaries are located within two thousand (2,000) feet or less of the oil and gas location (as determined by the Weld County Assessor's records at the time of notice);

5.

The COGCC Director;

6.

The CPW regional representative;

7.

The LGD for local government(s) whose boundaries are within two thousand (2,000) feet or less of the oil and gas location; and

8.

The principal, senior administrator, or school governing body of any school facility, future school facility, or child care center whose properties or jurisdictional boundaries are located within two thousand (2,000) feet or less of the oil and gas location.

C.

Delivery of the 1041 E-OGLA notice shall occur not more than six (6) months, nor less than thirty (30) days, prior to submitting a 1041 E-OGLA permit application. The thirty-day period may be waived, at the discretion of both the Community Development Director and the OGED Director. The 1041 E-OGLA notice letter shall include the following information:

1.

The parcel number and legal description of the oil and gas location.

2.

A general description of the proposed oil and gas facility, including the number of proposed wells.

3.

Total disturbed acreage of the oil and gas location.

4.

The anticipated date operations will commence (calendar quarter and year).

5.

A statement that the notice recipient may request a meeting to discuss the proposed oil and gas location with the operator, Weld County and the City.

a.

Operator, assigned OGED permit and enforcement specialist, and City Community Development Department's contact information shall be provided.

6.

A statement that the applicant will consider reasonable mitigation measures proposed by the notice recipient to minimize adverse impacts of the proposed oil and gas location.

7.

The following shall be attached to the notice:

a.

Notification zone drawing. The purpose of the notification zone drawing is to identify any required notice parties. This shall be a scaled drawing with scaled aerial imagery of the oil and gas location to include the 1041 E-OGLA zone, all property lines and parcel numbers, as well as the name and address of the owner(s) of any parcel(s) located within two thousand (2,000) feet of the oil and gas location, as determined by the Weld County Assessor's records.

b.

Haul route map. The purpose of the haul route map is to identify the applicant's desired route to and from the oil and gas location. The map shall identify the proposed haul route, including off-site haul route(s), from the oil and gas location to the nearest City designated collector or arterial roadway or nearest highway, and indicate the desired new or existing access point.

D.

Upon receipt of the 1041 E-OGLA notice by the OGED Director and the Community Development Director, they may request additional parties to be noticed. If requested, the applicant shall provide proof of notice delivered. All required notice parties may waive receipt of such notice(s) via surface use agreement (SUA) or other agreement with the operator or by written request to the Community Development Director and the Weld County OGED Director.

(Ord. 761-22, § 3(Exh. A), 2022)

A 1041 E-OGLA permit application shall be submitted to the Community Development Director and OGED Director, or their designee for processing and determination of whether the application is complete and in compliance with the requirements of this Section. The following shall be submitted as a part of the application:

1.

Evans Oil and Gas Location Assessment Application. A 1041 E-OGLA permit application shall be submitted by electronic transmission format acceptable to the City.

a.

Application. A 1041 E-OGLA permit application on the current form supplied by the City of Evans Community Development Department, shall be fully completed and executed by the applicant. If an authorized legal agent signs the application on behalf of the applicant, evidence of a power of attorney or other authorization must be provided.

b.

Certification of 1041 E-OGLA notice. Completion of this form certifies that a 1041 E-OGLA notice has been delivered to all required notice parties, pursuant to this Chapter.

c.

Certification of surface use agreement. Completion of this form certifies that a SUA or other agreement has been executed between the operator and the surface owner(s) of the property where the oil and gas location will be located. This form demonstrates that the operator and surface owner have agreed to the oil and gas location. If no SUA or other document is available at the time of application, the applicant shall proceed with the 1041 E-OGLA permit process and shall provide a statement that the SUA, or other agreement negotiations are taking place and the applicant is willing to provide financial security as set forth in this Chapter. In the case where no SUA or other agreement is necessary, the applicant shall provide a statement of explanation and attach supporting documentation.

d.

Authorization. Where an applicant is not the surface owner of the parcel(s) on which the oil and gas location is sited, an authorization form executed by the surface owner(s) must be provided. If a copy of the SUA is provided with the application, then the SUA's grant of access to the site fulfills the requirement of providing an authorization form.

e.

Required information. The applicant shall provide site-specific best management practices (BMPs) illustrating how the health, safety, and welfare of City's residents, environment, and wildlife will be protected. With the consent of the surface owner(s), BMPs may include mitigation measures relevant to the SUA or other agreement.

i.

A statement which explains that the application complies with the Evans Master Plan, if the oil and gas location is within any overlay district area or a special flood hazard area identified by maps officially adopted by the City.

ii.

A thorough explanation of the site analysis the applicant has performed for the oil and gas location, as supported by the DA drawing described below. Each alternative site shall include a short narrative of its pros and cons. The site analysis, beginning with the pre-application meeting, must describe how the applicant's proposed location is superior to other alternatives considered by the applicant in terms of protecting Evans' residents, resources and infrastructure. Although it is not incumbent upon an applicant to describe a certain number of alternatives that were considered against the applicant's chosen site, it is generally expected that the applicant provide one (1) or more alternatives within the analysis that the applicant demonstrates as inferior. The site analysis may include more alternatives if the applicant's chosen site has the following cultural items within two thousand (2,000) feet of the applicant's chosen site as measured from the disturbance area to the cultural item: building units, high occupancy building units, hospitals, schools, churches, sensitive areas, high priority habitats, local government boundaries, and water resources including lakes, ponds, rivers, and ditches.

iii.

BMPs and a narrative which explains how the applicant will comply with the development standards set forth in this Chapter and any applicable county, state and federal regulations.

iv.

A narrative describing plans for final reclamation.

v.

A traffic narrative for the oil and gas location addressing operations for construction, drilling, and completions, shall include the following information:

(1)

The number of roundtrips/day (roundtrip = one (1) trip in and one (1) trip out) expected for each vehicle (type, size, weight).

(2)

The expected haul routes for the vehicles.

(3)

The travel distribution along the routes (e.g. fifty (50) percent of traffic will come from the north, twenty (20) percent from the south, thirty (30) percent from the east, etc.).

(4)

The time of day when the highest traffic volumes are expected.

2.

Attachments. The following shall be attached to the application:

a.

Haul route map. The purpose of the haul route map is to identify the applicant's desired route to and from the oil and gas location. The map shall identify the proposed haul route, including off-site haul route(s), from the oil and gas location to the nearest City designated collector or arterial roadway or nearest highway and indicate the desired new or existing access point.

b.

Development area drawing. The purpose of the development area (DA) drawing is to illustrate the surroundings to assist in comprehensive community development review and in the discussion of oil and gas location siting. The drawing shall identify the DA for which the wells on the oil and gas location are intended to produce, and the preferred and alternative sites the applicant is considering. In the case of an oil and gas location with no wells, the well(s) producing to that oil and gas location shall be identified.

c.

Location photos. A minimum of four (4) color photographs of the staked location, one (1) from each cardinal direction, shall be attached. Each photograph shall be identified by: date taken, location name, and direction of view.

d.

Location drawing. The purpose of the location drawing is to identify all visible improvements within the 1041 E-OGLA zone. It shall be a scaled drawing with scaled aerial imagery to include horizontal distances and approximate bearing from the oil and gas location for all visible improvements. This drawing shall be a stamped by a licensed professional surveyor showing any survey monuments in the 1041 E-OGLA zone and the City road right-of-way extents, if applicable.

e.

Facility drawing. The purpose of the facility drawing is to identify the positioning of all equipment on the oil and gas location. This shall be a scaled drawing illustrating the approximate outline of the oil and gas location and identifying all existing and proposed well(s), equipment, and flowline corridors on-location covered by the application.

f.

Process flow diagram. A process flow diagram (PFD) depicts oil and gas production operations. The PFD shall be presented as a flowchart that illustrates the general flow of processes and equipment at an oil and gas location. The PFD shall include all permanent oil and gas facilities and shall show the flow path and direction of all oil, gas and water produced on, or transported to or from the oil and gas location. The PFD shall also illustrate fuel and power sources for major equipment. The PFD need not include detailed piping and instrumentation.

g.

Waste management plan. A waste management plan shall be provided that describes the methods for storing, transporting and disposing of wastes. The plan must include a statement that waste materials will be handled in compliance with and should cite appropriate local, state and federal regulatory requirements. The plan should further provide that wastes stored on site will be stored in compatible containers that are regularly inspected to ensure they are in good condition and free of excessive wear, structural issues or other defects that may impact their effectiveness. Reports and information regarding the integrity and effectiveness of compatible containers will be made available for review upon request. At a minimum, the waste management plan must address the following waste streams: drilling fluids, drill cuttings, hydraulic fracturing fluid, flowback and produced water, oil stained soils, tank bottoms, general trash, hazardous materials, and other non-hazardous solid wastes.

h.

Lighting plan. A plan detailing lighting to be utilized during the construction phase, and if applicable, the production phase shall be attached as specified below.

3.

Additional attachments. The following items may be required as attachments to the application, if applicable:

a.

Multi-well plan. If the proposed oil and gas location is for multiple wells on a single pad, a drawing showing proposed wellbore trajectory with bottom-hole locations shall be attached.

b.

Reclamation plan. If the final land use includes residential, industrial, commercial, or cropland, a reclamation plan is not needed. If the final land use includes rangeland, forestry, recreation, wildlife habitat, or any other non-excluded land use, the following information shall be attached:

i.

Reference area map. A topographic map showing the oil and gas location, and the location of the selected reference area; and

ii.

Reference area photos. Four (4) color photographs of the reference area, taken during the growing season of vegetation, one (1) from each cardinal director. Each photograph shall be identified by date taken, location name, and direction of view. Such photographs may be submitted to OGED and the City of Evans Community Development Department any time up to twelve (12) months after the granting of the 1041 E-OGLA permit.

c.

Noise mitigation plan. A noise mitigation plan that describes how the operator will comply with the maximum permissible noise levels specified below may be required. The plan shall include site-specific design for mitigation measures including the appropriate BMPs, engineering practices, and available technology the operator will utilize to achieve compliance. The plan will provide an estimated duration of each stage of operations, including drilling, completion, flowback, production, and an estimate of the noise levels of each stage of operations. Lastly, the plan will reference any topographical and/or geographical features which may impact noise propagation from the proposed oil and gas location.

d.

Dust mitigation plan.

e.

Odor mitigation plan.

f.

Oil and gas solar energy facility (OGSEF) plan.

4.

Additional City or County issued permits and agreements. The following permits and agreements may be required either for the issuance of a 1041 E-OGLA permit, or after approval of a 1041 E-OGLA permit:

a.

Both an emergency action plan (EAP) and tactical response plan (TRP) are required for a 1041 E-OGLA permit. The applicant shall complete an EAP and TRP on the template provided by the Weld County Office of Emergency Management (OEM). OEM will consult with the local fire district on behalf of the applicant.

b.

An access permit is required for a 1041 E-OGLA permit. The applicant shall complete an access permit application provided by the City of Evans Engineering Department. If the access point is under the jurisdiction of the Colorado Department of Transportation, Weld County, or a local government, proof of access granted by such local government ("authority having jurisdiction" or AHJ) is required.

c.

A road maintenance agreement (RMA), comprehensive road maintenance agreement, and a development agreement may be required for a 1041 E-OGLA permit. Following the submittal of a 1041 E-OGLA permit application, the RMA shall be prepared by the jurisdiction managing the road. The applicant shall provide an executed RMA to the City of Evans Community Development Department and the OEM. If the RMA is to be issued by the Weld City Department of public works, a cash in lieu one-time payment may be considered as an alternative to the RMA.

d.

A drainage report is required for a 1041 E-OGLA permit. At the time of application submittal, at minimum, a preliminary drainage report shall be provided for review. Prior to applying for a grading permit, a final drainage report stamped and signed by a professional engineer registered in the State of Colorado is required to be submitted for final approval to the City of Evans Community Development Director.

e.

If the oil and gas location is located within a special flood hazard area identified by maps officially adopted by the City of Evans, a City of Evans Flood Hazard Development Permit (FHDP) is required for a 1041 E-OGLA permit.

f.

A grading permit is required prior to construction of any oil and gas location greater than one (1) acre. This permit is issued by the City of Evans Engineering Department.

g.

If applicable, building permit(s) issued by the City of Evans Community Development Department.

h.

If applicable, right-of-way (ROW) permit(s), issued by the City of Evans Engineering Department are required for any work occurring within City ROW. No work within City ROW shall occur without such ROW permits being issued.

i.

If applicable, a special transport permit shall be obtained from either Weld County or the City of Evans. No vehicles associated with the 1041 E-OGLA permit may exceed legal per axle weight limits and/or legal size limits as set forth in Article XV of Chapter 8 of the Weld County, unless special transport permits have been applied for and granted by the City Department of Public Works.

Additional information may be required by the either the City Community Development Director or the OGED Director, resulting from consultation with referral agencies, and/or the public.

(Ord. 761-22, § 3(Exh. A), 2022)

At time of application submittal, an operator shall provide financial assurance to the City in the form of a surety bond or other collateral acceptable to the Community Development Director and the City Attorney in the amount set forth below to protect surface owners who are not parties to a lease, SUA or other relevant agreement with the operator from unreasonable crop loss or land damage caused by oil and gas operations. Financial assurance for surface owner protection shall not be required for operations conducted on state lands when a bond has been filed with the State Board of Land Commissioners. The financial assurance required by this Section shall be in the amount of five thousand dollars ($5,000.00) per well. In lieu of such individual amounts, operators may submit blanket financial assurance in the amount of twenty-five thousand dollars ($25,000.00). Any request for relief pursuant to such financial assurance must be granted by the City Council upon receipt of a written request from the surface owner, which may be submitted to the Community Development Director at any time. Corrective or remedial action performed by the operator may be considered by the Community Development Director before and as part of any order to execute on the financial assurance provided pursuant to this Section. The financial assurance provided pursuant to this Section is not intended to limit any monetary award for unreasonable crop loss or land damage that cannot be remediated or corrected. Financial assurance submitted to the Community Development Director shall be held for safekeeping by the Clerk to the City Council. The Community Development Director may release the financial assurance upon satisfaction that risk of loss to the surface owner has been eliminated.

(Ord. 761-22, § 3(Exh. A), 2022)

The Community Development Director and OGED Director shall review the 1041 E-OGLA permit application to determine if it is complete. Such review shall occur within seven (7) days of the filing of the application. Upon completeness determination, the OGED Director shall:

1.

Prepare legal notice for the hearing to be published in the newspaper designated by the City Council for publication of notices. The date of publication shall be at least thirty-seven (37) days prior to the date of hearing. The mailed and published notice shall inform the reader that he or she may apply for intervention in the manner set forth in this Chapter below.

2.

Send notice of a hearing for the 1041 E-OGLA permit application before the Hearing Officer to the surface owner; to property owner(s) whose property boundaries are located within two thousand (2,000) feet or less of the oil and gas location; to the school governing body of any school or child care center whose properties or jurisdictional boundaries are located within two thousand (2,000) feet or less from the oil and gas location. Such notification shall be sent first-class mail by OGED at least thirty-seven (37) days prior to the date of hearing. The mailed notice shall inform the recipient that they may apply for intervention in the manner set forth in this Chapter.

3.

Refer the application to the following agencies for review and comment. The agencies named shall respond within twenty-eight (28) days from the mailing of the application by the OGED. The failure of any agency to respond within twenty-eight (28) days shall be deemed to be a favorable response to OGED and the City. The referral shall state that the OGED Director and City will conduct a formal consultation with the referral agency during the twenty-eight-day referral period if requested by the referral agency. Reviews and comments solicited by the OGED and City are intended to provide both with information about the proposed oil and gas location. The reviews and comments submitted by a referral agency are recommendations to the 1041 W-OGLA Hearing Officer:

a.

The LGD, Planning Commission, or governing body of any local government whose boundaries are within two thousand (2,000) feet of the oil and gas location, as determined by the Weld County Assessor's records at the time of notice.

b.

The Weld County Department of Public Health and Environment.

c.

The Weld County Department of Public Works.

d.

The Weld County Department of Planning Services.

e.

The CPW.

f.

The COGCC.

g.

The CDPHE.

h.

The appropriate school district(s).

i.

The appropriate fire district(s).

j.

Any irrigation ditch company with irrigation structures of record that are within the 1041 E-OGLA zone.

k.

To any other agencies or individuals to whom the City of Evans Community Development Director and OGED Director deems a referral necessary.

4.

OGED and City of Evans will collaborate to prepare staff comments addressing all aspects of the application, its conformance with the Evans Municipal Code in effect at the time of filing of the application, orderly land use community development practices, comments received from agencies to which the proposal was referred, and the standards contained in this Chapter. Such comments shall be provided to the Hearing Officer for consideration as evidence in the hearing.

5.

Charge a reasonable fee that covers costs incurred by the City of Evans for review of the application, holding the appropriate hearing, and performing any necessary administrative tasks associated with the issuance of the 1041 E-OGLA permit. All new applications shall adhere to the requirements contained in this Chapter and will be assessed a new processing fee.

Any application deemed incomplete by the Community Development Director and OGED shall be re-submitted within ninety (90) days for completeness determination. Any application remaining incomplete beyond ninety (90) days will be automatically withdrawn.

(Ord. 761-22, § 3(Exh. A), 2022)

A.

1041 E-OGLA hearing participation. The applicant and any person or entity who has been granted intervention by the Hearing Officer shall have the right to participate formally in the 1041 E-OGLA hearing. The process for seeking intervention is as follows:

1.

Application for intervention must be received by the Hearing Officer twenty (20) days prior to the 1041 E-OGLA hearing. Application for intervention must be on the form provided on the OGED website. Persons who have standing to participate are limited to those who have received notice of the 1041 E-OGLA hearing by first-class mail or who have demonstrated they would be directly, adversely and significantly affected or aggrieved by the granting of the 1041 E-OGLA permit. Application for intervention must include the following:

a.

The docket number and date of the 1041 E-OGLA hearing;

b.

Legal address of the person applying for intervention;

c.

A general statement of the factual or legal basis for the protest or intervention;

d.

A description of the intended presentation including a list of proposed witnesses; and

e.

An estimate of the time required to present the protest or intervention.

2.

Applications for intervention shall be granted or denied by the Hearing Officer within ten (10) days of their receipt. Such decision shall be communicated to the applicant for intervention in writing by the Hearing Officer.

3.

Any written comment provided by a person who is not granted intervention, or by any other member of the public, will be included in the 1041 E-OGLA hearing record, to be considered by the Hearing Officer as evidence and given such weight as the Hearing Officer believes is appropriate.

B.

Conduct of 1041 E-OGLA hearing.

1.

1041 E-OGLA hearings shall be recorded, and a list of attendees shall be kept.

2.

Participation by the parties and/or witnesses by telephone or other electronic means shall be at the discretion of the Hearing Officer.

3.

The Hearing Officer shall control the evidence taken during the hearing in a manner best suited to fully and fairly develop the relevant evidence, safeguard the rights of all parties, and ascertain the substantive rights of the parties based on the merits of the issues(s) to be decided.

4.

1041 E-OGLA hearings will be docketed to occur on a weekly basis on days to be determined by the Hearing Officer. Complete applications whose notice requirements have been met shall be scheduled for hearing on the next available weekly docket.

C.

Decision of the 1041 E-OGLA Hearing Officer. Upon the conclusion of the 1041 E-OGLA hearing, the Hearing Officer shall:

1.

Grant the 1041 E-OGLA permit if they determine that sufficient evidence exists in the record that the standards set forth in below will be met and that the proper site analysis has been performed by the applicant, or

2.

Continue the 1041 E-OGLA hearing if they determine that insufficient evidence exists in the record and additional information is required in order to make a determination, upon staff recommendation, or at the applicant's request, or

3.

Deny the 1041 E-OGLA permit if they determine that insufficient evidence exists in the record or that a proper site analysis has not been performed by the applicant. If a 1041 E-OGLA permit is denied, the applicant may apply for the same parcel only if substantial changes have been made to the application from the original submittal.

4.

Inform the participants of their decision. The decision of the Hearing Officer shall be clearly set forth in the order issued by the Hearing Officer. The addition, deletion or modification of any conditions of approval shall be clearly identified in the order.

5.

If the Hearing Officer grants approval of the 1041 E-OGLA permit, the applicant shall collaborate with the Community Development Director and obtain approval of a development agreement. Refer to the Section below on recording of the 1041 E-OGLA permit and vested property rights.

6.

Inform the participants that such decision may be appealed pursuant to the appeal procedures set forth in this Chapter.

D.

Motion for reconsideration. A motion for reconsideration may be considered by the Hearing Officer in cases where a 1041 E-OGLA permit has been denied. Such motion must be filed no later than ten (10) days after the applicant has received notice of the denial. A motion for reconsideration must state, with sufficient clarity, the specific reason(s) the applicant believes the denial was the incorrect decision.

E.

Right to appeal. The appellant must file a written notice with the City and the OGED Director within ten (10) days of receiving the Hearing Officer's final order. The notice of appeal must specifically state what part of the decision the appellant believes the Hearing Officer either misinterpreted the facts presented in the application and/or in the 1041 E-OGLA hearing, or misapplied the regulations set forth in this Chapter. The notice shall not exceed five (5) pages in length. The OGED Director may submit a memorandum brief but must do so within ten (10) working days of receiving the notice of appeal. Any such memorandum brief shall not exceed five (5) pages in length.

F.

Review of appeal and decision. The OGED Director shall transmit the Hearing Officer's order, the notice of appeal and any memorandum brief to the City Council for review within twenty-one (21) days of receiving the notice of appeal. The City Council may affirm the Hearing Officer's order, modify it in whole or in part, or remand the matter to the Hearing Officer for further fact-finding. A modification may only be made if, based upon the Hearing Officer's findings of fact, the order clearly shows the Hearing Officer either misinterpreted the facts presented in the application and/or in the 1041 E-OGLA hearing, or misapplied the regulations set forth in this Chapter. The City Council may review the entire 1041 E-OGLA hearing record upon a majority vote of the City Council. The City Council shall transmit a written decision on the appeal to the OGED Director within ten (10) working days after receiving the notice of appeal and other documents allowed herein. The OGED Director shall thereafter communicate the decision to the applicant and the Hearing Officer within five (5) working days of receiving the Council's decision.

(Ord. 761-22, § 3(Exh. A), 2022)

Following the 1041 E-OGLA hearing, if the Hearing Officer grants approval for the 1041 E-OGLA permit, the following shall occur:

1.

The Hearing Officer shall refer the applicant to the Community Development Director. The Community Development Director will provide direction to the applicant on completing the development agreement. The applicant will be required to provide warranty in a form acceptable to the City for public improvements and some on-site improvements. Once the development agreement is completed, the Community Development Director will present the development agreement to City Council for consideration. Upon approval of the development agreement, City Council at the same meeting shall adopt the 1041 E-OGLA permit determination of the Hearing Officer.

2.

The Community Development Director shall record the final order and the development agreement with the Weld County Clerk and Recorder.

3.

Pursuant to Section 24-68-101(1)(a), C.R.S., with the intent to ensure reasonable certainty, stability, and fairness in the land use community development 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 community development, the City Council declares and orders that an approved 1041 E-OGLA permit is an approved site specific development plan as that term is defined in this Title and in Section 24-68-102(4)(a), C.R.S. Therefore, an approved 1041 E-OGLA permit is a vested property right, as defined in this Chapter, upon the completion of the notification requirements set forth in this Title. Once noticed pursuant to the requirements of this Title, the approved 1041 E-OGLA permit confers upon the operator the right to undertake and complete the exploration and production of oil and gas in the City of Evans under the terms and conditions set forth therein, pursuant to Section 24-68-103(1)(c), C.R.S.

4.

After the final order is recorded with the Weld County Clerk and Recorder, the Community Development Director shall forward a copy of the recorded document to OGED Director and the COGCC.

(Ord. 761-22, § 3(Exh. A), 2022)

An applicant for a 1041 E-OGLA permit shall comply with the conditions of approval and development standards detailed in the 1041 E-OGLA permit and in this Chapter. Noncompliance with the conditions of approval and development standards may be reason for revocation of the 1041 E-OGLA permit by the City of Evans and the Hearing Officer.

Enforcement actions by the City of Evans and the OGED Director shall be according to the following procedure:

1.

Enforcement of conditions of approval. The Hearing Officer shall, after hearing and upon issuing a preliminary order granting the 1041 E-OGLA permit, schedule a return date when the operator shall present evidence to the Hearing Officer that all "prior to recording" conditions of approval have been satisfied. Upon providing such evidence the Hearing Officer shall issue a final order granting the 1041 E-OGLA permit. If no "prior to recording" conditions of approval exist, the Hearing Officer shall issue a final order granting the 1041 E-OGLA permit and no return date shall be necessary. Should at any time the Operator be found to be out of compliance with any remaining condition of approval the Community Development Director and the OGED Director may set a suspension or revocation hearing before the Hearing Officer pursuant to the provisions of this Chapter, below.

2.

Enforcement of development standards. The enforcement of the standards (referred herein as "development standards") stated in the 1041 E-OGLA permit and/or in this Chapter shall be conducted by the OGED Director in the following manner, unless otherwise stipulated:

a.

Upon receiving a complaint from any member of the public or the filing of an inspection report by an OGED inspector, alleging a violation of development standards stated in the 1041 E-OGLA permit and/or in this Chapter the OGED Director shall notify the operator of the complaint or adverse inspection report and require operator investigation and response within twenty-four (24) hours. Within the OGED Director's required timeframe, the operator shall correct the violation and inform the OGED Director of such correction. If the operator is unable to achieve the required correction within the stated timeframe, the operator shall inform the OGED Director of the circumstances and the anticipated date of correction, and the OGED Director may modify the stated timeframe.

b.

If the OGED Director has probable cause to believe the violation persists, he or she shall notify the operator in writing of the violation, present a demand for correction and provide a date upon which the violation must be corrected. The operator shall correct the violation within the stated timeframe and notify the OGED Director in writing of such correction.

c.

If the OGED Director does not receive a written response from the operator within the stated timeframe saying the violation has been corrected, or if upon OGED inspection there is probable cause to believe the violation persists, the OGED Director shall set a suspension or revocation hearing before the Hearing Officer pursuant to the provisions of this Chapter.

(Ord. 761-22, § 3(Exh. A), 2022)

A.

Notifications to the OGED Director and Community Development Director. The following notifications sent to the City and OGED shall certify certain conditions of approval or development standards, which were specified as part of the approved 1041 E-OGLA permit, have been completed. The notification shall list the condition of approval or development standard completed, along with any relevant permit number or identification number assigned.

1.

Prior to construction notification. The operator is required to provide written notice to the OGED Director and Community Development Director via the 1041 E-OGLA sundry form two (2) weeks prior to beginning the construction phase of the oil and gas location. This written notice satisfies the notification requirements of the road maintenance agreement, City development agreement, the emergency action plan and any other agreements or permits needed to have in place for the site-specific development plan.

2.

Drilling and completions notifications. The operator is required to provide notice to the Community Development Director and the OGED Director for the following:

a.

Spud notice. At least forty-eight (48) hours prior to spud, the operator shall provide written notice of such activity to the Community Development Director and the OGED Director via the 1041 E-OGLA sundry form. This notification satisfies the requirements outlined in the emergency action plan.

b.

Completions notice. At least one (1) week prior to commencement of completions activity on an oil and gas location, the operator shall provide written notice of such activity to the Community Development Director and the OGED Director via the 1041 E-OGLA sundry form. This notification will meet the requirements outlined in the emergency action plan.

3.

Turn-in-line notification. The operator is required to provide written notice to the Community Development Director and the OGED Director via the 1041 E-OGLA sundry form within two (2) weeks of a well or facility being turned to sales. This written notice shall include an electronic GIS map (shapefile or .kmz) showing the off-location flowlines. This written notification satisfies the notification requirements of the road maintenance agreement, City development agreement, the emergency action plan and any other agreements or permits needed to have in place for the site-specific development plan.

4.

Interim reclamation notice. The operator is required to provide written notice to the Community Development Director and the OGED Director via the 1041 sundry form pursuant to the requirements of this Chapter, documenting the success of the interim reclamation.

5.

Final abandonment notice. The operator is required to provide written notice to the Community Development Director and the OEGD Director via the 1041 E-OGLA sundry form at least one (1) week prior to plugging the final well on a location or final decommissioning of an oil and gas facility. This notice will begin the final reclamation requirements outlined in this Chapter.

B.

Notifications to the surface owner. With respect to the notices listed in this Section, it shall be the responsibility of the notified surface owner to give notice of the proposed operation to the tenant farmer, lessee, or other party that may own or have an interest in any crops or surface improvements that could be affected by such proposed operation. Unless the following is otherwise addressed in the SUA or memorandum of SUA, or the surface owner has signed a written waiver of the notifications required in this Section, the following notices to the surface owner shall occur:

1.

Notification prior to construction. The applicant is required to provide notice to the surface owner in writing not less than thirty (30) days in advance of commencement of operations with heavy equipment prior to the beginning of drilling of a well. This written notice shall provide the following:

a.

The operator's name and contact information for the operator or its agent; and

b.

A site diagram or plat of the oil and gas location and any associated roads; and

c.

The date operations with heavy equipment are expected to commence; and

d.

The contact information for OGED and the community development director.

This notice shall be delivered by hand; certified mail, return-receipt requested; or by other delivery service with receipt confirmation. Electronic mail may be used if the surface owner has approved such use in writing.

2.

Subsequent well operation notification. An operator shall provide to the surface owner at least ten (10) days' advance notice of subsequent well operations with heavy equipment that will materially impact surface areas beyond the existing access road or well site, such as recompleting or stimulating the well.

3.

Final reclamation notification. Not less than thirty (30) days before any final reclamation operations are to take place, the operator shall notify the surface owner. Final reclamation operations shall mean those reclamation operations to be undertaken when a well is to be plugged and abandoned or when production facilities are to be permanently removed. In preparing for final reclamation and plugging and abandonment, the operator shall use its best efforts to consult in good faith with the affected surface owner (or the tenant when the surface owner has requested that such consultation be made with the tenant). Such good faith consultation shall allow the surface owner the opportunity to provide comments concerning preference for timing of such operations and all aspects of final reclamation, including, but not limited to, the desired final land use and seed mix to be applied.

Any of the notices required in this Chapter may be waived in writing by the surface owner provided that a waiver by a surface owner shall not prevent the surface owner or any successor-in-interest to the surface owner from rescinding that waiver if such rescission is in accordance with applicable law.

C.

Notification to building unit owner(s). At least thirty (30) days, but no more than ninety (90) days, before oil and gas operations or construction commences, the operator shall provide written notice (notice of operations) to all building unit owners within the 1041 E-OGLA zone. Building unit owners shall be re-noticed if: it has been more than one (1) year since the previous notice or since drilling activity last occurred, or notice was not previously required.

1.

Notice of operations shall be delivered in writing, with receipt confirmation, to all building units within the 1041 E-OGLA zone (as determined by Weld City Assessor's record at the time of notice).

2.

The notice of operations must include:

a.

A statement informing the building unit owner that the operator intends to construct an oil and gas location within two thousand (2,000) feet of their building unit;

b.

The parcel number and legal description of the property on which the oil and gas location is situated;

c.

The location name, 1041 E-OGLA permit number, and number of wells to be drilled;

d.

Approximate cross streets of the oil and gas location;

e.

The anticipated date (month and year) the construction or operations will commence; and

f.

Both operator, City of Evans and OGED contact information.

3.

A building unit owner entitled to receive notice of operations may waive their right to be noticed, in writing, at any time. The operator shall provide evidence of this waiver to Community Development Director and OGED, if requested.

(Ord. 761-22, § 3(Exh. A), 2022)

A.

Any amendments to an oil and gas location which modify or expand the facility or location beyond what was originally permitted by the City of Evans or the COGCC shall be filed with the City of Evans via the OGED 1041 E-OGLA sundry form. The OGED Director will review the sundry form and determine if the request is minor or major, and if subsequent action is needed. Minor amendments may be administratively approved by the City of Evans and OGED Director, however additional BMPs may be required. Major amendments may require a new 1041 E-OGLA permit application and fee.

B.

Major amendments to an existing oil and gas location may require the approval of a new 1041 E-OGLA permit or a subsequent hearing before the Hearing Officer. "Major amendments" include, but are not limited to, the following: any surface disturbance at a previously undisturbed or fully reclaimed site; surface disturbance for purposes of permanently expanding an existing oil and gas location beyond the originally disturbed area; the addition of one (1) or more wells; amendments to a final order granted by the Hearing Officer, increases of equipment which change the character of the facility or location, and/or moving an existing or permitted location.

C.

No sundry form request for amendment is required for refracs, recompletions, routine well site operations, normal repairs and maintenance of an existing oil and gas facility, like kind replacement of equipment, setting temporary equipment, surface disturbance at an existing oil and gas location within the original disturbed area which does not have the effect of permanently expanding the oil and gas facility or oil and gas location, and repairs or maintenance of an oil and gas facility required by a city, county, state or federal compliance order.

D.

The construction phase authorized by an approved 1041 E-OGLA permit shall be completed within three (3) years from the date of publication announcing the approval of the 1041 E-OGLA permit, or the approval shall terminate. However, if the construction phase has been commenced within the three (3) years, but not completed, an additional three (3) years shall be granted by the OGED Director, via a 1041 E-OGLA sundry form, but the 1041 E-OGLA permit shall then be subject to any new rules amended into this Chapter since the approval of the original 1041 E-OGLA permit.

(Ord. 761-22, § 3(Exh. A), 2022)

A.

If following the notice and timeframes called for in this Chapter above, the OGED Director determines that one (1) or more of the 1041 E-OGLA permit development standards set forth in this Chapter have not been met, the OGED Director shall notify the operator of the oil and gas location of the failure to comply with the terms of the 1041 E-OGLA permit and/or the development standards set forth in this Chapter. The notice will inform the operator that a hearing has been scheduled before the Hearing Officer to determine if the 1041 E-OGLA permit should be suspended or revoked. The operator shall have the right to participate and present information at the hearing.

B.

The Hearing Officer shall hold a hearing to determine if the operator of the oil and gas location has failed to comply with the terms of the 1041 E-OGLA permit and/or the regulations set forth in this Chapter. Upon such a finding, the Hearing Officer may suspend or revoke the 1041 E-OGLA permit, and/or order the operator to cease the use of the oil and gas facility immediately. In lieu of suspension or revocation, the Hearing Officer may order the operator to submit a compliance plan and set a timeframe for return to present evidence of compliance.

C.

The operator may appeal the Hearing Officer's order to the City Council by following the appeal procedures in this Chapter.

(Ord. 761-22, § 3(Exh. A), 2022)

OGED staff may inspect, at any time, the oil and gas locations subject to the regulations set forth in this this Chapter to determine if the oil and gas location is in compliance.

(Ord. 761-22, § 3(Exh. A), 2022)

Once issued, 1041 E-OGLA permits are transferable to a new operator. The new operator is subject to all terms and conditions of the 1041 E-OGLA permit and shall be considered the responsible party. Within sixty (60) days of transfer, the new operator shall notify the OGED Director and Community Development Director, via sundry form, and the surface owner in writing of the name, business address, and other contact information for the new operator.

(Ord. 761-22, § 3(Exh. A), 2022)

The following development standards (referred to herein as "development standards") apply to all oil and gas locations within the weld mineral resource (oil and gas) area having received approval of a 1041 E-OGLA permit (or an amendment thereto as required by this Chapter).

(Ord. 761-22, § 3(Exh. A), 2022)

All disturbed areas shall be kept free of weeds. Weed control measures shall be conducted in consultation with the surface owner, City of Evans and Weld County Weed Management Specialist. The OGED Director and/or the 1041 E-OGLA Hearing Officer may require the submittal of and compliance with a weed control plan as part of 1041 E-OGLA permit approval to provide impact mitigation, or pursuant to any enforcement action against an operator.

(Ord. 761-22, § 3(Exh. A), 2022)

As part of the application for a 1041 E-OGLA permit, an operator shall describe plans for light mitigation that demonstrates their capability to meet the maximum permissible lighting levels as described in this Section.

As part of the application, an operator shall submit a lighting plan for the construction phase and, if applicable, the production phase of the location. The lighting plan shall demonstrate compliance with the maximum permissible lighting levels, as described in this Chapter. The lighting plan shall describe mitigation measures to be used at the location to comply with the lighting standards outlined in this Section for both construction and production phases.

Taking into consideration the surrounding land uses, the number and proximity to building units, DOAAs, and/or high priority habitats, OGED is responsible for recommending an appropriate lighting zone (LZ), to be considered by the Evans Community Development Director, the OEGD Director and/or the Hearing Officer as part of the 1041 E-OGLA permit.

1.

Lighting zones (LZ). LZ3 and 4 are not permissible in Evans.

Source: Illuminating Engineering Society, International Dark-Sky Association, Joint IDA-IES Model Lighting Ordinance (MLO) with User's Guide, June 15, 2011.

2.

Construction phase base allowance for lighting. The following lighting limits are the standards for the LZ in which the oil and gas location is situated:

Source: Illuminating Engineering Society, International Dark-Sky Association, Joint IDA-IES Model Lighting Ordinance (MLO) with User's Guide, June 15, 2011.

The allowable base lumens for an oil and gas location are calculated using the lighting zone as shown in the table above, and the total hardscape. The construction phase hardscape shall equal actual acres up to twelve (12) acres.

Operators shall ensure that lighting at the oil and gas location does not exceed the assigned allowable base lumens.

During the construction phase or during operations involving pipeline or gas facility installation or maintenance, use of a workover rig, or stimulation, operators must comply with the maximum allowable lumens per SF as shown in the table above.

3.

Production phase base allowance for lighting. The following lighting limits are the standards for the LZ in which the oil and gas location is situated (or as allowed by the OGED Director and/or the Hearing Officer):

Source: Illuminating Engineering Society, International Dark-Sky Association, Joint IDA-IES Model Lighting Ordinance (MLO) with User's Guide, June 15, 2011.

The allowable base lumens for an oil and gas location are calculated using the lighting zone as shown in the Table 620 A.1, and the total hardscape. In the City of Evans, the production phase hardscape shall equal actual acres of the oil and gas location after interim reclamation.

Operators shall ensure that lighting at the oil and gas location does not exceed the assigned allowable base lumens.

a.

During the production phase, unless another LZ is allowed by the OGED Director and/or the 1041 E-OGLA Hearing Officer, oil and gas locations within the City of Evans shall comply with the lighting standards of LZ-0 or LZ-1, depending upon the number of and proximity to building units, DOAAs, and/or high priority habitats. Unless another LZ is allowed by the OGED Director and/or the Hearing Officer, oil and gas locations within Evans, shall comply with the lighting standards of LZ-0, depending upon the number of and proximity to building units, DOAAs, and/or high priority habitats.

i.

The OGED Director and/or the Hearing Officer may require another LZ than what is allowed for the community development area in which the oil and gas location is situated, depending upon which LZ best fits the land uses and circumstances surrounding the oil and gas location.

ii.

If permanent lighting is proposed to be utilized during the production phase, the operator shall provide a photometric plan with the application to be considered by the OGED Director and the Hearing Officer.

iii.

The photometric plan will demonstrate compliance with the lighting levels outlined in Table 620 B.1 and in addition, the plan will demonstrate how permanent lighting will utilize BMPs and lighting technology to limit the amount of light leaving the location.

4.

Lighting plan requirements. Operators shall provide a lighting plan with the application to be considered by the OGED Director and the Hearing Officer.

a.

The lighting plan will demonstrate compliance with the construction phase lighting levels outlined in Table 620 B.1, and the production phase lighting levels outlined in Table 620 C.1, if applicable. The plan will demonstrate how the applicant will utilize BMPs and lighting technology to limit the amount of lighting leaving the location. The plan will include the following information, along with any other information OGED may request:

i.

A site plan showing lighting fixture locations as well as calculation points detailing the number of footcandles a specific point on the site plan has.

ii.

Lighting schedule, detailing the different lighting fixtures which are proposed.

iii.

Specification sheets for the proposed lighting fixtures.

iv.

Photometric plan shaded view.

5.

Lighting standards. Operators shall adhere to the following lighting standards at all oil and gas locations during all phases of oil and gas operations. Nothing in this section shall prohibit the use of indicator beacons or similar lighting that is designed to alert personnel to emergencies or abnormal operating conditions occurring on the oil and gas location.

a.

Operators shall direct site lighting downward and inward, such that no light shines above a horizontal plane passing through the center point of the light source, with lights hidden by the sound wall if one is present.

b.

Operators will place bulbs within fixtures that obscure, block, or diffuse the light to reduce light intensity outside the boundaries of the oil and gas location.

c.

Offsite impacts from lighting shall be reduced or mitigation to the greatest extent practicable using BMPs including, but not limited to:

i.

Minimizing lighting when not needed using timers or motion sensors ("use only the lights you need");

ii.

Using cut-off or full cut-off lighting;

iii.

Using lighting colors that reduce light intensity; and

iv.

Using low-glare and no-glare lighting.

d.

Utilization of lighting standards including, but not limited to, those listed above shall ensure location lighting does not negatively impact the health, safety and welfare of the City of Evans' citizens, environment, and wildlife within the 1041 E-OGLA zone.

(Ord. 761-22, § 3(Exh. A), 2022)

Production facilities, regardless of construction date, observable from any public highway shall be painted with uniform, non-contrasting, non-reflective color tones (similar to the Munsell Soil Color Coding System), and with colors matched to, but slightly darker than, the surrounding landscape.

Portable toilets for use on the oil and gas location shall not be visible from adjacent properties or public rights-of-way. Sound walls or fencing may be used as screening.

(Ord. 761-22, § 3(Exh. A), 2022)

Operators shall employ practices for control of fugitive dust caused by their operations on the oil and gas location and private access roads. Such practices shall include, but are not limited to, the use of speed restrictions; regular road maintenance; restriction of construction activity during high-wind days; silica dust controls when handling sand used in hydraulic fracturing operations; and the application of dust suppression controls limited to magnesium chloride and fresh water.

The submittal of and compliance with a dust mitigation plan detailing additional management practices such as road surfacing, construction of wind breaks and barriers, soil stockpile stabilization or automation of wells to reduce truck traffic may be required by the OGED Director and/or the 1041 E-OGLA Hearing Officer as part of the 1041 E-OGLA permit approval to provide impact mitigation, or pursuant to a fugitive dust enforcement action against an operator. Should the operator choose to provide a cash in lieu payment pursuant to the provisions of Weld County, the operator shall continue to be responsible for mitigating fugitive dust on City roads that are part of the haul route for the oil and gas location. Dust mitigation will be covered in the development agreement with the City of Evans.

(Ord. 761-22, § 3(Exh. A), 2022)

Oil and gas operations shall comply with the AQCC Regulation No. 2 Odor Emission (5 C.C.R. 1001-4) subsections A.I.A., and A.II—A.V, which standards may be enforced by the OGED Director following the enforcement procedures set forth in this Chapter. The OGED Director and/or the 1041 E-OGLA Hearing Officer may require the submittal of and compliance with an odor mitigation plan as part of the 1041 E-OGLA permit approval to provide impact mitigation, or pursuant to any enforcement action against an operator.

(Ord. 761-22, § 3(Exh. A), 2022)

A.

The oil and gas facility shall be designed and operated in a manner that is protective of public health, safety and welfare during all phases of operation by preventing public access, unauthorized vehicular traffic, and illegal dumping of wastes.

1.

Appropriate measures shall be implemented to prevent access to the oil and gas facilities by unauthorized persons, wildlife or domestic animals.

2.

Fencing may be required at the discretion of the OGED Director and/or included as a requirement in the Hearing Officer's final order. When used, fencing shall be appropriate to the siting of the proposed oil and gas location.

B.

The operator shall, concurrent with the surface owner notice, post a temporary sign not less than two-feet by two-feet at the intersection of the lease road and the public road providing access to the well site, with the name of the proposed well, the legal location thereof, the assigned address, and the estimated date of commencement. Such sign shall be maintained until completions operations at the well are concluded.

C.

Within sixty (60) days after beginning construction of an oil and gas location, a permanent sign shall be required.

1.

The sign shall be placed at the intersection of the lease access road with a public road but shall not be placed in the road right-of-way. Such sign, which shall be no less than three (3) square feet and no more than six (6) square feet, shall provide: the name of the operator; a phone number at which the operator can be reached at all times; a phone number for local emergency services (911 where available); the oil and gas location name; the legal location, including the quarter-quarter section; and the assigned address.

2.

In lieu of providing the legal location on the permanent sign, it may be stenciled on a tank in characters visible from one hundred (100) feet.

3.

In lieu of posting a temporary sign per this Chapter, the permanent sign may be installed.

(Ord. 761-22, § 3(Exh. A), 2022)

Oil and gas well completions shall be conducted in compliance with the reduced emissions or "green" completion requirements of CDPHE, AQCC, Regulation 7 and US EPA, New Source Performance Standards, subparts OOOO and OOOOa.

(Ord. 761-22, § 3(Exh. A), 2022)

As part of the application for a 1041 E-OGLA permit, an operator shall describe noise mitigation measures that demonstrates their capability to meet the maximum permissible noise levels in the City of Evans as described in Chapter 8.25.

(Ord. 761-22, § 3(Exh. A), 2022)

Operators shall take precautions to minimize adverse environmental impacts to air, water, soil, or biological resources to the extent necessary to protect public health, safety and welfare, including the environment and wildlife resources.

(Ord. 761-22, § 3(Exh. A), 2022)

Leak detection and repair (LDAR) shall be conducted in compliance with all state and federal regulations.

(Ord. 761-22, § 3(Exh. A), 2022)

A.

E&P waste. Operators shall ensure that E&P waste is properly stored, handled, transported, treated, recycled, and/or disposed of in accordance with federal, state and Weld City regulations. Land treatment with oily waste on oil and gas locations permitted through the 1041 E-OGLA process is prohibited.

B.

Non-E&P waste. Operators shall ensure that non-E&P wastes are properly stored, handled, transported, treated, recycled, and/or disposed of in accordance with state and federal regulations. Oil and gas locations shall be kept free of trash, debris, scrap and/or discarded materials connected with operations on the property.

(Ord. 761-22, § 3(Exh. A), 2022)

Crude oil, condensate and produced water storage tanks shall be installed and operated in compliance with all state and federal regulations.

(Ord. 761-22, § 3(Exh. A), 2022)

A.

Drilling pits, multi-well pits, reserve pits, and special purpose pits, (as defined in this Chapter) used for the exploration and production of oil and gas are prohibited. Operators are required to use closed-loop systems while drilling on all oil and gas locations.

B.

Emergency pits, as defined in this Chapter, may be allowed if constructed and used only in the initial phase of emergency response. The operator shall notify the OGED Director within twenty-four (24) hours of the construction of an emergency pit. Once the emergency is controlled, the emergency pit shall be reclaimed and cleared of all hydrocarbons, produced water or any other substance that may be contained within.

C.

Freshwater pits, as defined in this Chapter, shall be permitted in accordance with applicable state and federal regulations.

D.

Production pits, as defined in this Chapter, may be permitted in accordance with applicable state and federal regulations, and if granted a variance by the OGED Director pursuant to the rule set forth in this Chapter.

(Ord. 761-22, § 3(Exh. A), 2022)

Operators shall maintain a spill prevention plan for each oil and gas location with BMPs to adequately protect any and all critical receptors. The OGED Director and/or 1041 E-OGLA Hearing Officer may require the submittal of and compliance with a spill prevention plan as part of the 1041 E-OGLA permit approval to provide impact mitigation, or pursuant to any enforcement action against an operator.

Operators shall notify the Weld City Office of Emergency Management of the occurrence of spills and releases, as required by the terms of the approved Weld City Emergency Action Plan.

(Ord. 761-22, § 3(Exh. A), 2022)

Operators shall comply with applicable state and federal rules and regulations regarding concentrations and sampling for soil and ground water, if applicable. Results of such sampling shall be made available at the request of the OGED Director and/or Weld County Department of Public Health and Environment.

(Ord. 761-22, § 3(Exh. A), 2022)

Operators shall comply with applicable state and federal rules regarding venting and flaring of natural gas. Operators shall minimize venting and flaring to the greatest extent practicable.

(Ord. 761-22, § 3(Exh. A), 2022)

Facilities and equipment which are sources of regulated air emissions shall be authorized in accordance with the Air Pollutant Emission Notice (APEN) and Stationary Source Permitting requirements of CDPHE, AQCC, Regulation 3.

(Ord. 761-22, § 3(Exh. A), 2022)

Operators are encouraged to install non-pneumatic devices or pneumatic devices that are operated using instrument air wherever feasible. Natural gas operated pneumatic devices shall be installed and operated in compliance with the requirements of CDPHE, AQCC, Regulation 7, Part D and US EPA, New Source Performance Standards, Subpart OOOO and Subpart OOOOa.

(Ord. 761-22, § 3(Exh. A), 2022)

A.

General requirements.

1.

At the time of initial drilling, a well shall be located not less than two hundred (200) feet from a surface property line, buildings, the current or future right-of-way line of public roads, major above ground utility lines, or railroads.

2.

The Hearing Officer may grant a variance from the surface property line setback if a waiver is obtained from the adjacent surface owner(s).

3.

No portion of the oil and gas facility shall be located within twenty (20) feet of the current or future public right-of-way.

4.

No portion of the disturbed area of the oil and gas location shall be within the current or future right-of-way of state, county, city or municipal roads, or within recorded easements of utilities or railroads, unless written documentation allowing such disturbance is included in the application.

B.

Building unit. Oil and gas location shall be located a minimum of five hundred (500) feet from building units. For an exception from the building unit setback, the operator may submit a waiver from each building unit owner within five hundred (500) feet of the proposed oil and gas location to be approved by the Hearing Officer. Alternatively, the Hearing Officer may approve an exception by determining that potential locations outside the five hundred-foot setback are technically infeasible or economically impracticable and sufficient mitigation measures including, but not limited to, BMPs shall be employed to protect public health, safety and welfare.

C.

High occupancy building unit. Oil and gas location shall be located a minimum of five hundred (500) feet from a high occupancy building unit.

D.

Designated outside activity area ("DOAA"). Oil and gas locations shall be located a minimum of five hundred (500) feet from the boundary of a DOAA.

E.

School facility and child care center. Oil and gas location shall be located a minimum of five hundred (500) feet from the boundary of a school facility or child care center, unless the relevant school governing body agrees in writing to the location of the proposed oil and gas location and the 1041 E-OGLA Hearing Officer determines that potential locations outside the applicable setback are technically infeasible or economically impracticable and sufficient mitigation measures are in place to protect public health, safety, and welfare. Such mitigation measures shall be a condition of approval of the 1041 E-OGLA permit.

F.

Existing oil and gas locations. Where the oil and gas location is located less than the minimum applicable setback distance solely as a result of any building unit, high occupancy building unit, school facility, child care center, or DOAA being constructed after the oil and gas location was constructed, the Hearing Officer may approve an exception to the minimum setback distance when a well or production facility is proposed to be added to an existing or approved oil and gas location if the Hearing Officer determines alternative locations outside the applicable setback are technically or economically impracticable, and sufficient mitigation measures are in place to protect public health, safety, and welfare.

G.

The measurement for determining compliance with the minimum setback distance shall be the shortest distance between the disturbed area of the oil and gas location and the nearest edge or corner of any building unit, high occupancy building unit, or the nearest property boundary of a school facility, child care center or DOAA.

H.

Surface development pursuant to a SUA or site-specific development plan. A surface owner or building unit owner and mineral owner or mineral lessee may agree to locate future building units closer to existing or proposed oil and gas locations than otherwise allowed pursuant 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.

(Ord. 761-22, § 3(Exh. A), 2022)

The following requirements apply to oil and gas locations that have been granted a variance from the designated setback distance from a building unit, high occupancy building unit, school facility, child care center, or DOAA:

1.

In addition to the mitigation measures agreed to between the operator and the persons or entities noticed pursuant to this Section, the following mitigation measures shall apply to each oil and gas location that is granted a setback variance:

a.

Noise. Noise levels shall comply with the noise standards found in Chapter 8.25 of the Municipal Code during all phases of operation, including, but not limited to, the construction phase and production phase.

b.

Secondary containment. Berms shall be constructed of steel or other suitable material and shall be designed and installed to prevent leakage and resist degradation from erosion or routine operation. Secondary containment areas shall be constructed with a synthetic or engineered liner that contains all tanks, primary containment vessels and flowlines and is mechanically connected to the berm to prevent leakage.

c.

Remote monitoring and automation. Wells and production facilities shall be equipped with remote monitoring and control capabilities and automated shut in measures to prevent gas venting during emission control system failures or other upset conditions.

d.

Flaring and venting. Flaring and venting of gas shall be prohibited, except during upset or emergency conditions or as allowed by the COGCC and the OGED Director.

e.

A site specific risk assessment shall be included as part of the application, for consideration by the OGED Director and the Hearing Officer. The assessment shall be prepared by a qualified professional and shall identify any potential hazards, determine a path for hazard mitigation, increase public safety, and shall give site specific policies and procedures which demonstrate protection of the health, safety and welfare of the City's citizens, environment, and wildlife.

(Ord. 761-22, § 3(Exh. A), 2022)

Operators shall comply with state and federal safety rules and regulations as applicable to all oil and gas operations.

(Ord. 761-22, § 3(Exh. A), 2022)

An operator shall comply with the Municipal Code if the proposed oil and gas location is located within any overlay district area or a special flood hazard area identified by maps officially adopted by the City.

(Ord. 761-22, § 3(Exh. A), 2022)

As part of the application for a 1041 E-OGLA permit, an operator shall provide proof of a valid stormwater discharge permit issued by CDPHE. The operator shall submit a drainage report to comply with required storm drainage criteria pursuant to the policies and specifications of the City of Evans. Additional requirements for municipal separate storm sewer system (MS4) areas may be applicable pursuant to the policies and specifications of the City of Evans.

The following standards apply only to the development of oil and gas exploration and production in the Evans Mineral Resource (Oil and Gas) Area. These standards shall be supported by calculations signed and stamped by a Colorado Licensed Professional Engineer and accepted by the Evans Engineering Department.

1.

Oil and gas tank battery secondary containment. When calculating the oil and gas location imperviousness and pervious areas, secondary containment areas may be excluded from the total site imperviousness and pervious calculations provided that the secondary containment area is appropriately sized to hold the originally designed safety containment volumes plus the one hundred-year storm rainfall.

2.

Detention pond storage volume. In non-urbanizing areas during the construction phase, detention ponds shall be sized to store the stormwater runoff generated by the one-hour, one hundred-year storm falling on the developed site and release of the detained water at the historic runoff rate of the one-hour, ten-year storm falling on the undeveloped site or at five (5) cubic feet per second, whichever is greater. Historic is defined as an undeveloped site (before any development) with an assumed two (2) percent imperviousness maximum. During the production phase or in urbanizing areas, detention ponds shall adhere to the standards, policies and specifications of the City of Evans.

3.

Detention pond freeboard. During the construction phase, less than one (1) foot of freeboard may be allowed on a case-by-case basis. This exception shall be supported by calculations signed and stamped by a Colorado Licensed Professional Engineer and accepted by the Evans Engineering Department during the production phase, the detention pond shall adhere to standards, policies and specifications of the City of Evans.

4.

Emergency spillway. In order to prevent damage to publicly owned infrastructure (roads, roadside ditches) and adjoining privately owned lands and infrastructure, a cutoff wall is required on all privately maintained detention ponds and retention ponds. The cutoff wall permanently defines the emergency spillway opening. The emergency spillway elevation must be tied back into the top of the embankment using a maximum slope of 4:1. The cutoff wall must either be constructed of concrete or galvanized steel sheet pile. Concrete cutoff walls must adhere to standards, policies and specifications of the City of Evans. Steel sheet pile cutoff walls must be hot dipped galvanized steel of one-quarter (¼) inches thickness or three (3) gauge and extend three (3) feet below the bottom of the pond. If steel sheet pile is proposed for the cutoff wall, the native soils must be tested for sulfate levels. If the sulfate levels are above one (1) percent, the sheet pile shall be coated with a corrosion resistant epoxy.

5.

Retention pond. Retention facilities shall be allowed without a variance only during the construction phase. Retention facilities that are proposed for the production phase require the issuance of a variance requested by the applicant and accepted by the Evans Engineering Department.

(Ord. 761-22, § 3(Exh. A), 2022)

All oil and gas locations shall be kept free of commercial products, chemicals, materials and other supplies not necessary for use on the oil and gas location, and junk and unused commercial vehicles as those terms are defined in this Title. The burning or burial of any such material and/or items on the oil and gas location is prohibited.

(Ord. 761-22, § 3(Exh. A), 2022)

All equipment at oil and gas locations in geological hazard areas and floodplains shall be anchored. Anchors must be engineered to support the equipment and to resist flotation, collapse, lateral movement, or subsidence, and must comply with all requirements of any necessary geologic hazard recommendations and/or flood hazard development permit.

(Ord. 761-22, § 3(Exh. A), 2022)

A.

The OGED Director, utilizing the referral from CPW, shall determine whether conditions of approval are necessary to minimize adverse impacts from the proposed oil and gas operations in the identified high priority habitat.

B.

In selecting conditions of approval the OGED Director and/or 1041 E-OGLA Hearing Officer shall consider the following factors, among other considerations:

1.

The BMPs for the producing geologic basin in which the oil and gas location is situated;

2.

Site-specific and species-specific factors of the proposed new oil and gas location;

3.

Anticipated direct and indirect effects of the proposed oil and gas location on wildlife resources;

4.

The extent to which conditions of approval will promote the use of existing facilities and reduction of new surface disturbance;

5.

The extent to which legally accessible, technologically feasible, and economically practicable alternative sites exist for the proposed new oil and gas location;

6.

The extent to which the proposed oil and gas operations will use technology and practices which are protective of the environment and wildlife resources;

7.

The extent to which the proposed oil and gas location minimizes surface disturbance and habitat fragmentation; and

8.

The extent to which the proposed oil and gas location is within land used for residential, industrial, commercial, agricultural, or other purposes, and the existing disturbance associated with such use.

(Ord. 761-22, § 3(Exh. A), 2022)

Subject to exception by the OGED Director for site specific reasons and BMPs, the operating requirements identified below shall apply in all areas.

1.

To minimize adverse impacts to wildlife resources, operators shall plan new transportation networks and new oil and gas facilities to minimize surface disturbance and the number and length of oil and gas roads and utilize common roads, rights-of-way, and access points to the extent practicable, consistent with these rules, an operator's operational requirements, and any requirements imposed by federal and state land management agencies, the City's and County's regulations, and SUAs and other surface owner requirements, and taking into account cost effectiveness and technical feasibility.

2.

Establish new staging, refueling, and chemical storage areas outside of riparian zones and floodplains.

3.

Use minimum practical construction widths for new rights-of-way where pipelines cross riparian areas, streams, and critical habitats.

(Ord. 761-22, § 3(Exh. A), 2022)

An operator of an oil and gas location within a high priority habitat shall follow the operator's wildlife mitigation plan, if one (1) is required pursuant to Rule 1201 of the COGCC Rules.

(Ord. 761-22, § 3(Exh. A), 2022)

A.

Subject to exception by the OGED Director for site specific reasons and BMPs, within high priority habitat and restricted surface occupancy areas, operators shall comply with the following operating requirements:

1.

During pipeline construction for trenches that are left open for more than five (5) days and are greater than five (5) feet in width, install wildlife crossovers and escape ramps where the trench crosses well-defined game trails and at a minimum of one-quarter (¼) mile intervals where the trench parallels well-defined game trails.

2.

Inform and educate employees and contractors on wildlife conservation practices, including no harassment or feeding of wildlife.

3.

Consolidate new facilities to minimize impact to wildlife.

4.

Minimize rig mobilization and demobilization where practicable by completing or recompleting all wells from a given well pad before moving rigs to a new location.

5.

To the extent practicable, share and consolidate new corridors for pipeline rights-of-way and roads to minimize surface disturbance.

6.

Engineer new pipelines to reduce field fitting and reduce excessive right-of-way widths and reclamation.

7.

Use boring instead of trenching across perennial streams considered critical fish habitat.

8.

Treat any pits, freshwater pits or open vessels containing water that provides a medium for breeding mosquitoes with Bti (Bacillus thuringiensis v. israelensis) or take other effective action to control mosquito larvae that may spread West Nile Virus to wildlife, especially grouse.

9.

Use wildlife appropriate seed mixes wherever allowed by surface owners and regulatory agencies.

10.

Mow or brush hog vegetation where appropriate, leaving root structure intact, instead of scraping the surface, where allowed by the surface owner.

11.

Limit access to oil and gas access roads where approved by surface owners, surface managing agencies, or local government, as appropriate.

12.

Post interior speed limits and caution signs to the extent allowed by surface owners, as appropriate.

13.

Use wildlife-appropriate fencing where acceptable to the surface owner.

14.

Use topographic features and vegetative screening to create seclusion areas, where acceptable to the surface owner.

15.

Use remote monitoring of well production to the extent practicable.

16.

Reduce traffic associated with transporting fluids through the use of pipelines, large tanks, or other measures where technologically feasible and economically practicable.

(Ord. 761-22, § 3(Exh. A), 2022)

A.

Soil removal and segregation.

1.

Soil removal and segregation on crop land. As to all excavation operations undertaken on crop land, the operator shall separate and store soil horizons separately from one another and mark or document stockpile locations to facilitate subsequent reclamation. When separating soil horizons, the operator shall segregate horizons based upon noted changes in physical characteristics such as organic content, color, texture, density, or consistency. Segregation will be performed to the extent practicable to a depth of six (6) feet or bedrock, whichever is shallower.

2.

Soil removal and segregation on non-crop land. As to all excavation operations undertaken on non-crop land, the operator shall separate and store the topsoil horizon or the top six (6) inches, whichever is deeper, and mark or document stockpile locations to facilitate subsequent reclamation. When separating the soil horizons, the operator shall segregate the horizon based upon noted changes in physical characteristics such as organic content, color, texture, density, or consistency.

3.

Horizons too rocky or too thin. When the soil horizons are too rocky or too thin for the operator to practicably segregate, then the topsoil shall be segregated to the extent practicable and stored. Too rocky shall mean that the soil horizon consists of greater than thirty-five (35) percent by volume rock fragments larger than ten (10) inches in diameter. Too thin shall mean soil horizons that are less than six (6) inches in thickness. The operator shall segregate remaining soils on crop land to the extent practicable to a depth of three (3) feet below the ground surface or bedrock, whichever is shallower, based upon noted changes in physical characteristics such as color, texture, density or consistency and such soils shall be stockpiled to avoid loss and mixing with other soils.

B.

Protection of soils. All stockpiled soils shall be protected from degradation due to contamination, compaction and, to the extent practicable, from wind and water erosion during drilling and production operations. BMPs to prevent weed establishment and to maintain soil microbial activity shall be implemented.

C.

Drill pad location. The drilling location shall be designed and constructed to provide a safe working area while reasonably minimizing the total surface area disturbed. Consistent with applicable spacing orders and well location orders and regulations, in locating drill pads, steep slopes shall be avoided when reasonably possible. The drill pad site shall be located on the most level location obtainable that will accommodate the intended use. If not avoidable, deep vertical cuts and steep long fill slopes shall be constructed to the least percent slope practical. Where feasible, operators shall use horizontal drilling to reduce cumulative impacts and minimize adverse impacts on wildlife resources.

D.

Surface disturbance minimization.

1.

In order to reasonably minimize land disturbances and facilitate future reclamation, well sites, production facilities, gathering pipelines, and access roads shall be located, adequately sized, constructed, and maintained so as to reasonably control dust and minimize erosion, alteration of natural features, removal of surface materials, and degradation due to contamination.

2.

Operators shall avoid or minimize adverse impacts to wetlands and riparian habitats to the degree practicable.

3.

Where practicable, operators shall consolidate facilities and pipeline rights-of-way to minimize adverse impacts to wildlife resources, including fragmentation of wildlife habitat, as well as cumulative impacts.

4.

Access roads. Existing roads shall be used to the greatest extent practicable to minimize erosion and minimize the land area devoted to oil and gas operations. Roadbeds shall be engineered to avoid or minimize adverse impacts to riparian areas or wetlands to the extent practicable. Unavoidable impacts shall be mitigated. Road crossings of streams shall be designed and constructed to allow fish passage, where practicable and appropriate. Where feasible and practicable, operators are encouraged to share access roads in developing a field. Where feasible and practicable, roads shall be routed to complement other land usage. To the greatest extent practicable, all vehicles used by the operator, contractors, and other parties associated with the well shall not travel outside of the original access road boundary. Repeated or flagrant instance(s) of failure to restrict lease access to lease roads which result in unreasonable land damage or crop losses shall subject the 1041 E-OGLA permit to suspension or revocation by the 1041 E-OGLA Hearing Officer pursuant to this Chapter.

(Ord. 761-22, § 3(Exh. A), 2022)

A.

Surface restoration. The surface of the land shall be restored as nearly as practicable to its condition at the commencement of drilling operations, including topsoil restoration and protection.

B.

Surface owner reclamation release form. The surface owner has the right to waive reclamation requirements set forth in this Chapter, unless such reclamation is deemed necessary to protect public health, safety and welfare, environment and wildlife of the City, as determined by the OGED Director.

C.

Oil and gas operator obligations. The oil and gas operator has the obligation to remove all equipment and infrastructure from the site inclusive of pipelines, tank batteries, and well heads.

(Ord. 761-22, § 3(Exh. A), 2022)

A.

General. Debris and waste materials other than de minimis amounts, including, but not limited to, concrete, sack bentonite and other drilling mud additives, sand, plastic, pipe and cable, as well as equipment associated with the drilling, re-entry, or completion operations shall be removed. All waste shall be handled according to this Chapter. All freshwater or production ponds, cellars, rat holes, and other bore holes unnecessary for further oil and gas operations, will be backfilled as soon as possible after the drilling rig is released to conform with surrounding terrain. On crop land, if requested by the surface owner, guy line anchors shall be removed as soon as reasonably possible after the completion rig is released. When permanent guy line anchors are installed, it shall not be mandatory to remove them. When permanent guy line anchors are installed on crop land, care shall be taken to minimize disruption or cultivation, irrigation, or harvesting operations. If requested by the surface owner the anchors shall be specifically marked, in addition to the marking required below, to facilitate farming operations. All guy line anchors left buried for future use shall be identified by a marker of bright color not less than four (4) feet in height and not greater than one (1) foot east of the guy line anchor.

B.

Interim reclamation of areas no longer in use. All disturbed areas affected by drilling or subsequent operations, except areas reasonably needed for production operations or for subsequent drilling operations to be commenced within twelve (12) months, shall be reclaimed as early and as nearly as practicable to their original condition or their final land use as designated by the surface owner and shall be maintained to control dust and minimize erosion to the extent practicable. As to crop lands, if subsidence occurs in such areas additional topsoil shall be added to the depression and the land shall be re-leveled as close to its original contour as practicable. Interim reclamation shall occur no later than three (3) months on crop land or six (6) months on non-crop land after such operations. The operator may submit a 1041 E-OGLA sundry form to the OGED Director requesting an extension due to conditions outside the operator's control. Areas reasonably needed for production operations or for subsequent drilling operations to be commenced within twelve (12) months shall be compacted, covered, paved, or otherwise stabilized and maintained in such a way as to minimize dust and erosion to the extent practicable.

C.

Compaction alleviation. All areas compacted by drilling and subsequent oil and gas operations which are no longer needed following completion of such operations shall be cross-ripped. On crop land, such compaction alleviation operations shall be undertaken when the soil moisture at the time of ripping is below thirty-five (35) percent of field capacity. Ripping shall be undertaken to a depth of eighteen (18) inches unless and to the extent bed rock is encountered at a shallower depth.

D.

Restoration and revegetation. When a well is completed for production, all disturbed areas no longer needed will be restored and revegetated as soon as practicable.

1.

Revegetation of crop lands. All segregated soil horizons removed from crop lands shall be replaced to their original relative positions and contour and shall be tilled adequately to re-establish a proper seedbed. The area shall be treated if necessary and practicable to prevent invasion of weeds, and to minimize erosion. Any perennial forage crops that were present before disturbance shall be re-established, if acceptable to the surface owner.

2.

Revegetation of non-crop lands. All segregated soil horizons removed from non-crop lands shall be replaced to their original relative positions and contour as near as practicable to achieve erosion control and long-term stability and shall be prepared adequately to establish a proper seedbed. The disturbed area then shall be reseeded in the first favorable season following rig demobilization. Reseeding with species consistent with the adjacent plant community is encouraged. In the absence of an agreement between the operator and the affected surface owner as to what seed mix should be used, the operator shall consult with a representative of the local soil conservation district to determine the proper seed mix to use in revegetating the disturbed area. In an area where an operator has drilled or plans to drill multiple wells, in the absence of an agreement between the operator and the affected surface owner, the operator may rely upon previous advice given by the local soil conservation district in determining the proper seed mixes to be used in revegetating each type of terrain upon which operations are to be conducted. Interim reclamation of all disturbed areas no longer in use shall be considered complete when all ground surface disturbing activities at the site have been completed, and all disturbed areas have been either built on, compacted, covered, paved, or otherwise stabilized in such a way as to minimize erosion to the extent practicable, or a uniform vegetative cover has been established that reflects pre-disturbance or reference area forbs, shrubs, and grasses with total percent plant cover of at least eighty percent (80%) of pre-disturbance levels or reference areas, excluding [weeds]. Re-seeding alone is insufficient.

3.

Interim reclamation. The operator shall notify the OGED Director via the 1041 E-OGLA sundry form with a description of the interim reclamation procedures and any associated mitigation measures performed, any changes, if applicable in the landowner's designated final land use, and at a minimum four (4) color photographs taken during the growing season of vegetation, one (1) from each cardinal direction which document the success of the interim reclamation and one (1) color photograph which documents the total cover of live perennial vegetation of adjacent or nearby undisturbed land or the reference area. Each photograph shall be identified by date taken, location name, GPS location, and direction of view.

4.

Temporary access permits. If a temporary access permit is associated with a drill site, the temporary access will be reclaimed in accordance with City of Evans Standards.

5.

Weed control. All areas being reclaimed shall be kept as free of weeds as practicable. Weed control measures shall be conducted in consultation with the Weld County Weed Management Specialist. It is the responsibility of the operator to monitor reclaimed lands for weed infestations. If necessary, the City Community Development Director or the OGED Director may require a weed control plan.

(Ord. 761-22, § 3(Exh. A), 2022)

A.

Well sites, associated production facilities, and access roads. Upon the plugging and abandonment of all wells on location or final closure of associated production facilities, all freshwater pits or production pits, mouse and rat holes and cellars shall be backfilled. All debris, abandoned gathering line risers and flowline risers, and surface equipment shall be removed within three (3) months of plugging the final well on location or final closure of associated production facilities. All access roads to plugged and abandoned wells and associated production facilities shall be closed, graded, recontoured, and fully reclaimed. Culverts and any other obstructions that were part of the access road(s) shall be removed. All applicable, compaction alleviation, restoration, and revegetation of well sites, associated production facilities, and access roads shall be performed to the same standards as established for interim reclamation under this Chapter, above. All other equipment, supplies, weeds, rubbish, and other waste material shall be removed. The burning or burial of such material on the premises shall be performed in accordance with applicable local, state, or federal solid waste disposal regulations. In addition, material may be burned or buried on the premises only with the prior written consent of the surface owner. The Evans Fire Protection District shall be consulted regarding the need for burn permits. After plugging the final well on location or final closure of associated production facilities, all such reclamation work shall be completed within three (3) months on crop land and twelve (12) months on non-crop land. The OGED Director may grant an extension where unforeseen circumstances are encountered, but every reasonable effort shall be made to complete reclamation before the next local growing season. Such request shall be made in writing to the OGED Director via the 1041 sundry form.

B.

Final reclamation threshold for approval and release. Successful reclamation of the well site, associated production facilities, and access road means:

1.

On crop land, reclamation has been performed to the standards established under this Chapter and there has been no significant unrestored subsidence over two growing seasons.

2.

On non-crop land, reclamation has been performed to the standards established under this Chapter and disturbed areas have been either built on, compacted, covered, paved, or otherwise stabilized in such a way as to minimize erosion to the extent practicable, or a uniform vegetative cover has been established that reflects pre-disturbance or reference area forbs, shrubs, and grasses with total percent plant cover of at least eighty (80) percent of pre-disturbance levels or reference areas, excluding noxious weeds. The operator shall consider the total cover of live perennial vegetation of reference area, not including overstory or tree canopy cover, having similar soils, slope and aspect of the reclaimed area.

3.

Disturbances resulting from flowline installations and/or removal shall be deemed adequately reclaimed when the disturbed area is reasonably capable of supporting the pre-disturbance land use.

C.

Final reclamation of all disturbed areas shall be considered complete when all activities disturbing the ground have been completed, and all disturbed areas have been either built upon, compacted, covered, paved, or otherwise stabilized in such a way as to minimize erosion, or a uniform vegetative cover has been established that reflects pre-disturbance or reference area forbs, shrubs, and grasses with total percent plant cover of at least eighty (80) percent of pre-disturbance levels or reference areas, excluding weeds, or equivalent permanent, physical erosion reduction methods have been employed. Re-seeding alone is insufficient.

D.

Weed control. All areas being reclaimed shall be kept as free of weeds as practicable. Weed control measures shall be conducted in consultation with the Weld County Weed Management Specialist. It is the responsibility of the operator to monitor reclaimed lands for weed infestations. If necessary, the OGED Director may require a weed control plan.

E.

Final reclamation release. The operator shall submit a request for release via the 1041 E-OGLA sundry form upon completion of the requirements outlined in this Chapter above. This request for release shall be submitted no later than two (2) growing seasons after reclamation work was conducted. The request for release shall include a description of the final reclamation procedures, any associated mitigation measures performed and any changes, if applicable, in the landowner's designated final land use. The operator shall attach the following:

1.

If located on crop land a minimum of four (4) color photographs one (1) from each cardinal direction taken during both the growing and non-growing season, which document the success of the final reclamation. If located on non-crop land a minimum of four (4) color photographs one (1) from each cardinal direction taken during the growing season of vegetation and one (1) color photograph which documents the total cover of live perennial vegetation of adjacent or nearby undisturbed land or the reference area. Each photograph shall be identified by date taken, location name, GPS location, and direction of view.

2.

Where necessary, the operator shall submit to the OGED Director a surface owner reclamation release form if the surface owner wishes to have areas un-reclaimed or items left on location. The OGED Director shall review the request and determine if reclamation will be necessary to protect public health, safety and welfare, environment and wildlife of the City pursuant to this Chapter. Upon the OGED Director's approval, the surface owner reclamation release form shall be placed of record with the Weld City Clerk and Recorder.

3.

The OGED Director shall complete a review of the submittal and when necessary, perform an on-site inspection. If the OGED Director determines that there are no outstanding compliance issues associated with the location, the final reclamation shall be deemed complete and approved. The operator shall then be released of any further obligations on the location. If the OGED Director determines reclamation efforts to be insufficient or incomplete the operator will be notified, in writing, of such findings. Approval by the OGED Director is required for an operator to be released of obligations on the location.

(Ord. 761-22, § 3(Exh. A), 2022)

A.

Application and processing fees. The City shall impose fees adopted by resolution by the City Council, necessary to defray the costs of processing the application and permit required by this Chapter.

B.

Enforcement. An operator or applicant's failure to comply with the provisions of the Evans Municipal Code or the site specific 1041-EOGLA permit requirements may subject the operator or applicant to permit denial or revocation, and/or penalties under Chapters 1.16 and 1.17 of the Evans Municipal Code.

(Ord. 761-22, § 3(Exh. A), 2022)

An operator may seek a variance, due to hardship, to any rule or regulation found in this Chapter. A variance request shall be submitted in writing to the Community Development Director and the OGED Director as part of the 1041 E-OGLA permit application via the sundry form. Should an operator seek a variance to an order issued by the 1041 Hearing Officer, the applicant shall submit their request to the OGED Director via the 101 E-OGLA sundry form. A subsequent hearing shall be required for the Hearing Officer to consider a variance. The operator requesting a variance must show that it has made a good faith effort to comply or is unable to comply with the specific requirements contained in these 1041 E-OGLA regulations or the 1041 E-OGLA permit from which it seeks a variance. The operator must also demonstrate through mitigation measures that the requested variance shall minimize adverse impacts to public health, safety, welfare, and environment including wildlife resources.

(Ord. 761-22, § 3(Exh. A), 2022)