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 K-OGLA permit (or an amendment thereto as required by Article IX of this Chapter).

(Ord. 2023-07, 2023, § 4)

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

(Ord. 2023-07, 2023, § 4)

As part of the application for a 1041 K-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 Article. 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 Town Manager, the OEGD Director and/or the Hearing Officer as part of the 1041 K-OGLA permit.

(1)

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

Table 030 A.1

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:

Table 030 B.1

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):

Table 030 C.1

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 Town of Keenesburg, 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 K-OGLA Hearing Officer, oil and gas locations within the Town 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 Keenesburg, 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.

1.

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.

2.

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.

3.

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:

1.

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.

2.

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

3.

Specification sheets for the proposed lighting fixtures.

4.

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:

1.

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

2.

Using cut-off or full cut-off lighting;

3.

Using lighting colors that reduce light intensity; and

4.

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 Town or its residents, environment, and wildlife within the 1041 K-OGLA zone.

(Ord. 2023-07, 2023, § 4)

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. 2023-07, 2023, § 4)

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 K-OGLA Hearing Officer as part of the 1041 K-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 to Weld County pursuant to the provisions of the Weld County Code, the operator shall continue to be responsible for mitigating fugitive dust on Town 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 Town of Keenesburg.

(Ord. 2023-07, 2023, § 4)

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 K-OGLA Hearing Officer may require the submittal of and compliance with an odor mitigation plan as part of the 1041 K-OGLA permit approval to provide impact mitigation, or pursuant to any enforcement action against an operator.

(Ord. 2023-07, 2023, § 4)

(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 Section, the permanent sign may be installed.

(Ord. 2023-07, 2023, § 4)

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. 2023-07, 2023, § 4)

As part of the application for a 1041 K-OGLA permit, an operator shall describe noise mitigation measures that demonstrate their capability to meet the maximum permissible noise levels in the Town set forth in Chapter 10, Article IX of this Code.

(Ord. 2023-07, 2023, § 4)

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. 2023-07, 2023, § 4)

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

(Ord. 2023-07, 2023, § 4)

(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 County regulations. Land treatment with oily waste on oil and gas locations permitted through the 1041 K-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. 2023-07, 2023, § 4)

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

(Ord. 2023-07, 2023, § 4)

(a)

Drilling pits, multi-well pits, reserve pits, and special purpose pits, (as defined in Article IX of 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 Article IX of 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 Article IX of this Chapter, shall be permitted in accordance with applicable state and federal regulations.

(d)

Production pits, as defined in Article IX of this Chapter, may be permitted in accordance with applicable state and federal regulations, and if granted a variance by the OGED Director pursuant to Section 16-10-360 of this Code.

(Ord. 2023-07, 2023, § 4)

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 K-OGLA Hearing Officer may require the submittal of and compliance with a spill prevention plan as part of the 1041 K-OGLA permit approval to provide impact mitigation, or pursuant to any enforcement action against an operator.

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

(Ord. 2023-07, 2023, § 4)

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. 2023-07, 2023, § 4)

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. 2023-07, 2023, § 4)

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. 2023-07, 2023, § 4)

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 U.S. EPA, New Source Performance Standards, Subpart OOOO and Subpart OOOOa.

(Ord. 2023-07, 2023, § 4)

(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 K-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 K-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. 2023-07, 2023, § 4)

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 10, Article IX of this 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 Town's residents, environment, and wildlife.

(Ord. 2023-07, 2023, § 4)

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

(Ord. 2023-07, 2023, § 4)

An operator shall comply with Chapter 18, Article III of this Code if the proposed oil and gas location is located within any special flood hazard area identified by maps officially adopted by the Town.

(Ord. 2023-07, 2023, § 4)

As part of the application for a 1041 K-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 Town. Additional requirements for municipal separate storm sewer system (MS4) areas may be applicable pursuant to the policies and specifications of the Town.

The following standards apply only to the development of oil and gas exploration and production in the Keenesburg 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 Town.

(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 Town of Keenesburg.

(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 Town during the production phase, the detention pond shall adhere to standards, policies and specifications of the Town.

(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 Town. 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 Town.

(Ord. 2023-07, 2023, § 4)

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 Code. The burning or burial of any such material and/or items on the oil and gas location is prohibited.

(Ord. 2023-07, 2023, § 4)

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. 2023-07, 2023, § 4)

(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 K-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. 2023-07, 2023, § 4)

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 Town'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. 2023-07, 2023, § 4)

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. 2023-07, 2023, § 4)

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. 2023-07, 2023, § 4)

(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 (1) 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 K-OGLA permit to suspension or revocation by the 1041 K-OGLA Hearing Officer pursuant to this Chapter.

(Ord. 2023-07, 2023, § 4)

(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 Article, unless such reclamation is deemed necessary to protect public health, safety and welfare, environment and wildlife of the Town, 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. 2023-07, 2023, § 4)

(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 Article. 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 K-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 K-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 applicable Town 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 Town Manager or the OGED Director may require a weed control plan.

(Ord. 2023-07, 2023, § 4)

(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 Article. 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 Southeast Weld 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 Article and there has been no significant unrestored subsidence over two (2) growing seasons.

(2)

On non-crop land, reclamation has been performed to the standards established under this Article 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 K-OGLA sundry form upon completion of the requirements outlined in this Article. 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 Town pursuant to this Article. Upon the OGED Director's approval, the surface owner reclamation release form shall be recorded with the Weld County 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. 2023-07, 2023, § 4)

(a)

Application and processing fees. The Town shall impose fees adopted by resolution by the Town Board, 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 Keenesburg Municipal Code or the site specific 1041-EOGLA permit requirements may subject the operator or applicant to permit denial or revocation, and/or penalties pursuant to Chapter 1, Article IV of this Code.

(Ord. 2023-07, 2023, § 4)

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 Town Manager and the OGED Director as part of the 1041 K-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 1041 K-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 K-OGLA regulations or the 1041 K-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. 2023-07, 2023, § 4)