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Sec. 90-L23. Environmental qualify standards. (a) LocaBon on private property. Recognizing the need to avoid operational conflicts,_yet recognizing the rights of surface owners, the right of the county to determine land rues and the right of the mineral estate to extract minerals, the following criteria shall be used in sithtg oil and gas facilities on private properly: (1) Tlrc siting of a minor and major facitiry shall adhtte to the standards outlined in this section to the maximum exknt practical, (2) The siting of a minor facility shall lie within the Colorado Oil & Gas Conservation Commission (COGCC) determined drilling window, or in a location that complies with COGCC rules and regulations. (3) Tht standards in this c«Ic shat! not cattle the operator to siu the facility in: a gwiogic hazard area, as defined on the county's geologic hazards and constraint maps, dated June I97ti; an area with slopes exceeding 30 percent: an area of - wc~ u er the Iuirsdiction of the U:S' P:rmyCorps of Engineers; in'mr asa~withura foodwayofa~saeam~or ti'+cra~ shown on the Flood Insurance Rate Maps {FIRM) or as determined by a stale licensed professional engineer. ~ (4) The following criteria shall be used to site an ail and goer facility. Facilities that cannot comply wit([ criteria a. though e. may be denied auordiag to section 90-73 or maybe required to mitigate the site as outlined in subsections 90-123(c)(9) and 90-122(4). Facilities that cannot comply with criteria f Through j. may be required to mitigak the site as outlined in 90-123 (c)(9) and 90.122(4). The mitigation requirements may be waived by tM planning director if existing topography and vegetation mitigate the visual and sound impacts of the site. The cotmty shall determine the compliance of the proposal using the following standards. Standards arc ranked according to importance. Where conflicts between standards occur the higher ranked standard will be used. a. Minor facilities shall adhere to the setback and tocatioa requiremetS found is LPLUC 90. t 22(a), (b)(I-3), and (c)(1 and 2). b. Minor and asajor facilities shall be sited to minimize the impact to existing residences, corrmurcisl struchtres, public buildings, and county approved planed building envelopes. c. Minor facilities shall be constructed using existing infrastructure. This includes, but is not limited to, the use of existing roads, pipeline routes, and well pads within fhe existing drilling windows. d. Miuor and major facilities shall be sited to minimize the impact to agricultural operation. e. Rfinor and major facilites shat! be sited in cress that maximize the amoum ofnanualscreening availabtc for the facility. Natural screening includes, but is not limited to, the use of existing vegetation as a background, the connection of the facility near mature stands of vegetation, the construction of the facility in canyons or behind ridees and natural rock formations. Miao[ and major facilities shall be sited at the base of slopes to provide a background of topography and/or natural cover. _ _j- g. Minor and major facilities skull be sited to avoid crossing hills and ridges or silhouetting h. Minor and major Caciliries shalt tx sited in order to minimize the amount of cut and fill needed ro construct the facility. i. Minor and major facilities shall be sited away hom prominent nam[e] features such as distinctive rock and land forms, vegetative patterns, river crossings and other landmarks. j. The provisions of any existing surface use agreement should be taken into consideration regarding the siting of a minor or major facility. La Plata County Oit k Gas Regulmions; Chapter 90 aaly. All other sections ofrnunly code also apply. Revised February, 2002 Page 19 Z'd 6SZ9-28E-OL6 quawzuedaQ 9utuueid dZEttO 40 9f udtl 7 To: ~G~CrfRP-D /-~f.--Rr j Nttmberof pages (including cover): Z I Fax: JG 'f - ~I ~/,Z 5 From: ,5't~~ z=" C t_,v+/ _. c:c,~a.a err; . J~yn 1~~,,.. c c. cs Subject:.G' `' h Date; y~~. ~.,/ n ~G rci><i'~>' ~ 1