HomeMy WebLinkAbout11/01/2012 - Planning And Zoning Board - Agenda - Special MeetingPENDING FURTHER LEGAL REVIEW
ORDINANCE NO. _____, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE LAND USE CODE PERTAINING TO OIL AND GAS
EXPLORATION AND PRODUCTION REGULATIONS
WHEREAS, presently, the Land Use Code contains no specific regulations regarding oil
and gas, but rather, contains some general regulations in Section 3.8.14 regarding “preemption
uses”; and
WHEREAS, the City Council has determined that it is in the best interests of the City that
Section 3.8.14 be amended by replacing the present language with more specific regulations; and
WHEREAS, after extensive public input has been received and upon the favorable
recommendation of the Planning and Zoning Board, the City Council has determined that it is in
the best interest of the City that these proposed amendments be adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as that the Land Use Code be amended as follows:
Section 1. That Section 2.3.2(H) of the Land Use Code is hereby amended by the
addition of a new subparagraph (8) which reads in its entirety as follows:
(H) Step 8 (Standards): Applicable. An overall development plan shall comply with
the following criteria:
. . .
(8) The overall development plan shall identify the location of any potential future oil
and gas well or oil and gas operations.
. . .
Section 2. That Section 3.1.1 of the Land Use Code is hereby amended to read as
follows:
3.1.1 Applicability
All development applications and building permit applications shall comply with the
applicable standards contained in Divisions 3.1 through 3.9, except that single-family
dwellings and extra occupancy rental houses that are subject only to basic development
review under Article 4, as well as any accessory buildings, structures and accessory uses
associated with such single-family dwellings and extra occupancy rental houses, need to
comply only with: (A) the standards contained in Article 4 for the zone district in which
such uses are located; (B) the standards contained in Division 3.8; and (C) with respect to
extra occupancy rental houses, the standards contained in Section 3.2.2(K)(1)(j). Oil and
gas operations need only comply with those provisions that are either specifically set out
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in Section 3.8.14 or referenced in Section 3.8.14. In addition to the foregoing, this Land
Use Code shall also apply to the use of land following development to the extent that the
provisions of this Land Use Code can be reasonably and logically interpreted as having
such ongoing application.
Section 3. That Section 3.1.2 of the Land Use Code is hereby amended to read as
follows:
3.1.2 Relation to Zone District Standards (Article 4)
In the event of a conflict between a standard or requirement contained in Article 3 and
Article 4, the standard in Article 4 shall prevail. Oil and gas operations shall be permitted
in all zone districts contained in Article 4 of this Land Use code, subject to either basic
development review or review and approval by the Planning and Zoning Board as
provided in Section 3.8.14 of this Land Use Code, and such oil and gas operations shall
be exempt from all regulations contained in Article 4.
Section 4. That Section 3.8.14 of the Land Use Code is hereby repealed and
reenacted to read in its entirety as follows:
3.8.14 Oil and Gas Operations
(A) Purpose.
(1) The provisions of this Section are intended to acknowledge and protect the
rights of mineral interest holders to access and extract the minerals that
they own or lease, while also protecting the public health, safety, and
welfare, as well as the natural environment, from the potential adverse
impacts of oil and gas exploration and development, and to minimize
potential land use conflicts between those activities and current or planned
land uses.
(2) Development plan review is the City’s permitting procedure for oil and
gas operations. This process is in place to recognize that these operations
involve industrial type activities that by their nature may occur in or near
residential and rural areas. Traditional zoning would generally separate
these types of uses so as to mitigate their impacts; however, this use must
occur near the resource to be extracted, so the separation of uses is not
possible. Thus, the purpose of this Section is to provide a framework for
the responsible exploration and production of oil and gas resources in a
manner that is sensitive to surrounding current, planned or future land uses
and that mitigates adverse impacts to, and protects the public health,
safety, welfare, and the natural environment of, the City.
(3) The City recognizes that certain Colorado state agencies and the federal
government also have authority to regulate various aspects of oil and gas
operations. The regulations of this Section over the land use aspects of oil
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and gas operations are intended to be consistent with said authority. In
particular, this Section is not intended to create and is not to be applied so
as to cause an operational conflict with the state's exercise of its authority
over oil and gas operations, which arises when the effectuation of a local
interest materially impedes or destroys the state interest in its regulation of
oil and gas operations.
(B) General Application Procedure.
(1) Development Plan Review Required. All oil and gas operations on public
and private land within the City shall comply with this Section except as
provided in subparagraph (2) below or as may be waived or modified in
accordance with subsections (G) or (H) hereof. Prior to the
commencement of any oil and gas operations in the City, a development
plan application must be submitted and approved in accordance with this
Section. No other form of discretionary land use review under this Land
Use Code is required for oil and gas operations. Project development plan
review and approval is also required prior to the issuance of any use or
building permits, or associated grading, access, floodplain, or other
permits necessary for the oil and gas operation. Oil and gas operations that
may not require a building permit or other associated permit must still
obtain project development plan review and approval under this Section
and obtain a use permit. Division 2.2 applies to all applications for
approval of an oil and gas operation, except to the extent that the
provisions thereof are expressly superseded, or are superseded by
implication, when applying the principles of statutory construction
contained in Title 2, Article 2 of the Colorado Revised Statutes.
(2) Development Plan Review Not Required. An oil and gas operation on
public and private land within the City need not comply with this Section
if such oil and gas operation is the subject of a valid operator agreement
between the City and the operator that has been approved by the City
Council by resolution provided, however, that if the oil and gas operation
is located on City property, the operation must also be conducted in
accordance with a surface use agreement approved by the City Council by
resolution.
(3) Basic Development Review Process. The basic development review
process is a voluntary, expedited process for reviewing a project
development plan for oil and gas operations that meet certain objective
criteria and utilize the most effective performance technologies and
practices in the planning, development and operation of new or
substantially modified oil and gas operations. The basic development
review process is optional and, while applicants are encouraged to use it,
this Section also contains the standard project development review process
for proposed operations that cannot meet the basic development review
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criteria or for applicants who choose the standard project development
plan review process. With respect to Division 2.2 of this Land Use Code,
only Sections 2.2.1, 2.2.3, 2.2.4, 2.2.8, 2.2.9, 2.2.10, and 2.2.11 apply to
Basic Development Review.
(4) Standard Development Review Process. The standard development
review process is available for those applicants who choose not to file an
application under the basic development review process and also for those
applications that are reclassified from, basic development plan review to
standard development review. Such applications shall be classified as
standard development review applications and shall be reviewed as “Type
2” review by the Planning and Zoning Board.
(5) Conceptual Review. The City requires applicants to meet with City staff
regarding any proposed oil and gas operation prior to submitting an
application for exploration or development activity, in order to provide
sufficient opportunity for comment on plans, operations and performance,
and to address all reasonable concerns as a result of its proposed
operation, as provided in Section 2.2.1 of this Land Use Code.
(a) Timing. Conceptual review shall be held at least thirty (30) days
prior to the applicant applying for a Commission Application for
Permit to Drill (APD) and at least one (1) day prior to the
submission of an application for development plan review. This
requirement is intended to allow the City to harmonize its
regulatory procedures with those of the Commission. If the
conceptual review is not conducted at least thirty (30) days prior to
the applicant applying for the APD, the application cannot qualify
for basic development plan review.
(b) Meeting. At conceptual review, the Director and the applicant will
review the City’s development plan review process so that the
applicant can plan its proposed oil and gas operation in a manner
that ensures compliance with the development plan regulations and
applicable state and federal regulations. Conceptual review will
also inform the applicant about the basic development plan review
process option; and allow the applicant and Director to explore
site-specific concerns and issues that relate to the development
plan review process, to discuss project impacts and potential
mitigation methods, to discuss coordination of the City process
with the state permitting process; and allow the applicant to
preliminarily raise any potential operational conflict concerns.
Based upon the foregoing, applicants are encouraged to conduct
the conceptual review with the City prior to completing well siting
decisions. Completion of the conceptual review qualifies the
applicant to submit an application for a development plan review
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provided the application is filed within six (6) months of the
conceptual review.
(6) Classification of Oil and Gas Operation Application. When determining
whether an application submitted under this Section is complete, the
Director shall also determine whether the application initially qualifies for
the basic development plan review process or whether the application is a
standard project development plan review application.
(7) Application Submission and Determination of Completeness. The
application shall include all documentation required pursuant to Section
2.2.3 of this Land Use Code and applicable requirements of this Section.
The Director shall determine whether a basic development plan review
application is complete within ten (10) days after receipt of the application
or twenty (20) days if outside consultants or staff other than the
Community Development and Neighborhood Services Department assist
the Director with the completeness determination. The Director shall
determine whether a standard project development plan review application
is complete within twenty (20) days after receipt of a complete application
or forty (40) days if outside consultants or staff other than the Planning
Department assist the Director with the completeness determination.
(a) Application Deemed Incomplete. If an application is found to be
incomplete, the Director shall inform the applicant in writing of the
deficiencies. No further action shall be taken on an application
determined to be incomplete until the specified deficiencies have
been addressed to the satisfaction of the Director. If the applicant
fails to address the deficiencies within thirty (30) days after the
notice of incompleteness, the application shall be deemed
withdrawn unless the applicant notifies the Director in writing of
the need for additional time.
(b) Application Deemed Complete. If an application is found to be
complete, containing all documentation required by this Section,
the Director shall date the application, inform the applicant of the
finding of completeness, classify the application, and then review
the application for compliance with the applicable standards and
requirements of this Section.
(8) Application Notice to Surface Owners and Surrounding Landowners. This
subsection shall apply to oil and gas operations instead of the notice
provisions contained in Section 2.2.6 of this Land Use Code.
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(a) Notice shall be mailed no less than five (5) days after the
application has been deemed complete by the Director. Notice of
the application shall be made as follows:
1. To the surface owners of the parcels of land on which the
oil and gas operation is proposed to be located;
2. To the surface owners of the parcels of land within five
hundred (500) feet of a proposed gathering line;
3. To the surface owners of the parcels of land within two
thousand six hundred forty (2,640) feet of the parcel on
which the oil and gas operation is proposed to be located;
and
4. To persons registered in writing with the Director as
representing bona fide neighborhood groups and
organizations and homeowners' associations within the area
of notification.
(b) The Director shall also provide public notice of the application
received by posting the application on the City’s website.
(c) For applications processed through Basic Development Review,
the Director shall also provide written notice of the determination
to the applicant and shall mail notice of any determination of
approval to all surface owners and neighborhood organizations as
provided in subsection (a) above.
(d) For applications processed through the Standard Development Plan
Review, notice shall be provided of the neighborhood meeting and
public hearing in accordance with Section 2.2.6 of this Land Use
Code.
(9) Posting Site. The Applicant shall post a sign on the site in a location
visible to the public (i.e., visible from a public road) stating that a
development plan review application has been applied for and providing
the phone number of the Planning Department where information
regarding the application may be obtained. All signs for oil and gas
operations shall be twelve (12) square feet in size. For parcels of land
exceeding ten (10) acres in size, two (2) signs shall be posted. Such signs
shall be provided by the Director and shall be posted on the subject
property in a manner and at a location or locations reasonably calculated
by the Director to afford the best notice to the public, which posting shall
occur within fourteen (14) days following submittal of a development
application to the Director.
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(C) Standards Applicable to both Basic Development Review and Standard Project
Development Plan Review. The following general oil and gas facility operational
requirements shall apply to all project development plan use permits for oil and
gas operations, whether approved through the basic development review process
or the standard project development plan review:
(1) Anchoring. All mechanized equipment associated with oil and gas
operations shall be anchored so as to minimize transmission of vibrations
through the ground.
(2) Applications and Permits. Copies of all local, state and federal
applications and permits that are required for the operation shall be
provided to the Director.
(3) Burning of Trash. No burning of trash shall occur on the site of any oil
and gas operation.
(4) Chains. Chains from heavy equipment shall be removed before entering
a City street.
(5) Chemical Disclosure. The Director shall be provided, in table format, the
name, CAS number, volume, storage, containment and disposal method
for all drilling and completion chemicals (solids, fluids, and gases) used
on the proposed well site.
(6) Color. Facilities shall be painted in a uniform, non-contrasting, non-
reflective color, to blend with the surrounding landscape and, with colors
that match the land rather than the sky. The color should be slightly darker
than the surrounding landscape.
(7) Cultural and Historic Resources Standards. The installation and
operation of any oil and gas operation shall not cause significant
degradation of cultural or historic resources, of sites eligible for City
landmarking, or the National Historic Register.
(8) Discharge Valves. Open-ended discharge valves on all storage tanks,
pipelines and other containers shall be secured where the operation site is
unattended or is accessible to the general public. Open-ended discharge
valves shall be placed within the interior of the tank secondary
containment.
(9) Dust Suppression. Dust associated with traffic on access roads and the
site shall be suppressed throughout construction, drilling and operational
activities such that there are no visible dust emissions from access roads or
the site to the extent practical given wind conditions.
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(10) Electric Equipment. The use of electric-powered motors for pumping
systems shall be required if an oil and gas operation is located in
reasonably close proximity to available electric transmission lines.
(11) Emergency Response Standards.
(a) In General. Oil and gas operations shall not cause an unreasonable
risk of emergency situations such as explosions, fires, gas, oil or
water pipeline leaks, ruptures, hydrogen sulfide or other toxic gas
or fluid emissions, hazardous material vehicle accidents or spills.
(b) Emergency Preparedness Plan. Each operator with an operation in
the City is required to develop an emergency preparedness plan for
each specific facility site. The plan shall be filed with the Poudre
Fire Authority and updated on an annual basis or as conditions
change (responsible field personnel change, ownership changes,
etc.). The emergency preparedness plan shall consist of at least the
following information:
1. Name, address and phone number, including 24-hour
emergency numbers for at least two persons responsible for
emergency field operations.
2. An as-built facilities map in a format suitable for input into
the City’s GIS system depicting the locations and type of
above and below ground facilities including sizes, and
depths below grade of all oil and gas gathering and
transmission lines and associated equipment, isolation
valves, surface operations and their functions, as well as
transportation routes to and from exploration and
development sites, for emergency response and
management purposes. The information concerning
pipelines and isolation valves shall be held confidentially
by the City's Office of Emergency Management, and shall
only be disclosed in the event of an emergency. The City
shall deny the right of inspection of the as-built facilities
maps to the public pursuant to C.R.S. § 24-72-204.
3. Detailed information addressing each potential emergency
that may be associated with the operation. This may include
any or all of the following: explosions, fires, gas, oil or
water pipeline leaks or ruptures, hydrogen sulfide or other
toxic gas emissions, or hazardous material vehicle
accidents or spills.
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4. A provision that any spill outside of the containment area
or that has the potential to leave the facility or to threaten
waters of the state shall be reported to the emergency
dispatch and the Director immediately.
5. Detailed information identifying access or evacuation
routes, and health care facilities anticipated to be used.
6. A project specific emergency preparedness plans for any
project that involves drilling or penetrating through known
zones of hydrogen sulfide gas.
7. A provision obligating the operator to reimburse the
appropriate emergency response service providers for costs
incurred in connection with any emergency.
8. Detailed information showing that the operator has
adequate personnel, supplies, and funding to implement the
emergency response plan immediately at all times during
construction and operations.
9. A provision obligating the operator to have immediately
available on each site a current Material Safety Data Sheets
(MSDS) for all chemicals used or stored on a site. The
MSDS sheets shall be provided immediately upon request
to the Director, a public safety officer, or a health
professional.
(12) Engineering standards. Applicants for oil and gas operations shall
comply with all requirements contained in Division 3.3 of this Land Use
Code, to the maximum extent feasible. With respect to oil and gas
operations, the references in Section 3.3 and particularly in Section
3.3.2(D) to “building permit” shall mean “use permit”. In lieu of issuing a
“building permit,” the Chief Building Official shall issue a “use permit” to
any applicant for an oil and gas operation complying with the applicable
regulations of this Land Use Code. No oil and gas operation may be
conducted until a use permit for such operation has been issued by the
City. Building permits must also be obtained for all structures to which
the International Fire Code and/or International Building Code apply.
(13) Exhaust. The exhaust from all engines, motors, coolers and other
mechanized equipment shall be vented up or in a direction away from the
closest existing residences.
(14) Fencing. Permanent perimeter fencing shall be solid, opaque and consist
of masonry, stucco steel, or other similar materials. Chain link fencing
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shall be prohibited as a perimeter screening material. If fencing is used
along collector or arterials streets, such fencing shall be made visually
interesting and shall avoid creating a “tunnel” effect.
(15) Flammable Material. All land within twenty five (25) feet of any tank, pit
or other structure containing flammable or combustible materials shall be
kept free of dry weeds, grass or rubbish.
(16) Floodplains. All oil and gas operations shall comply with Chapter 10 of
the City Code.
(17) Land Disturbance Standards. The following mitigation measures shall be
used to achieve compatibility and reduce land use impacts:
(a) Pad dimensions for a well shall be the minimum size necessary to
accommodate operational needs while minimizing surface
disturbance.
(b) Oil and gas operations shall use structures and surface equipment
of the minimal size necessary to satisfy present and future
operational needs.
(c) Oil and gas operations shall be located in a manner that minimizes
the amount of cut and fill.
(d) Oil and gas operations shall use and share existing infrastructure,
minimize the installation of new facilities, and avoid additional
disturbance to lands in a manner that reduces the introduction of
significant new land use impacts to the environment, landowners
and natural resources.
(e) Landscaping plans shall include drought tolerant species that are
native and less desirable to wildlife and suitable for the climate and
soil conditions of the area. Where buffering is accomplished with
vegetation, an irrigation plan shall be required for the first two
years after establishment of the vegetation and the operator shall
agree to provide a financial guarantee that complies with
subsection I or is otherwise acceptable to the Director. Produced
water may not be used for landscaping purposes.
(f) The application shall include an analysis of the existing vegetation
on the site to establish a baseline for re-vegetation upon temporary
or final reclamation or abandonment of the operation. The analysis
shall include a written description of the species, character and
density of existing vegetation on the site and a summary of the
potential impacts to vegetation as a result of the proposed
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operation. The application shall include any Commission-required
interim and final reclamation procedures and any measures
developed from a consultation with the Director staff regarding site
specific re-vegetation plan recommendations.
(18) Landscaping. If an oil and gas operation has frontage on a public street,
street trees shall be planted along the roadway in accordance with Section
3.2.1(D)(2) of this Land Use Code. Tree mitigation, if applicable, shall
comport with Section 3.2.1(F) of this Land Use Code.
(19) Lighting. Except during drilling, completion or other operational activities
requiring additional lighting, down-lighting is required, meaning that all
bulbs must be fully shielded to prevent light emissions above a horizontal
plane drawn from the bottom of the fixture. A lighting plan shall be
developed to establish compliance with this provision. The lighting plan
shall indicate the location of all outdoor lighting on the site and any
structures, and include cut sheets (manufacturer's specifications with
picture or diagram) of all proposed fixtures.
(20) Maintenance of Machinery. Routine field maintenance of vehicles or
mobile machinery shall not be performed within three hundred (300) feet
of any water body.
(21) Mud Tracking. Tracking of mud or debris onto City streets is prohibited.
(22) Reclamation Plan. Any application for an oil and gas operation shall
include any Commission-required interim and final reclamation
procedures.
(23) Recordation of flow lines. All flow lines, including transmission and
gathering systems, shall have the legal description of the location recorded
with the City Clerk and County Recorder within thirty (30) days of
completion of construction. Abandonment of any flow lines shall be
recorded with the Clerk and Recorder’s office within thirty (30) days after
abandonment.
(24) Recreational Activity Standards. The installation and operation of any oil
and gas operation shall not cause significant degradation to the quality and
quantity of recreational activities in the City. Methods to achieve
compliance with this standard include, but are not limited to locating
operations away from trails and from property used for recreational
purposes.
(25) Removal of Debris. When an oil and gas operation becomes operational,
all construction-related debris shall be removed from the site for proper
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disposal. The site shall be maintained free of debris and excess materials
at all times during operation. Materials shall not be buried on-site.
(26) Removal of Equipment. All equipment used for drilling, re-drilling and
maintenance of the facility shall be removed from the site within thirty
(30) days of completion of the work, unless otherwise agreed to by the
surface owner. Permanent storage of equipment on well pad sites shall not
be allowed.
(27) Scenic and Rural Character Standards. The installation and operation of
any oil and gas operation shall not cause significant degradation to the
scenic attributes of the City. The following standards are methods that
shall be implemented to prevent degradation to the scenic attributes of the
City:
(a) Buffering from Sensitive Visual Areas. The operation shall be
buffered from sensitive visual areas (i.e., roads, property lines, or
residences) by providing landscaping along the perimeter of the
site between the surface equipment and the sensitive visual area.
(b) Existing Vegetation. The operation shall be located in areas that
maximize the amount of natural screening available for the facility.
Natural screening includes, but is not limited to, the use of existing
vegetation as a background, the construction of the operation near
screening stands of vegetation, or placement in valleys allowing
topographic screening. The operation shall be constructed in a
manner to minimize the removal of and damage to existing trees
and vegetation. If the operation requires clearing trees or
vegetation, the edges of the cleared vegetation shall be feathered
and thinned and the vegetation shall be mowed or brush-hogged
while leaving root structure intact, instead of scraping the surface.
(c) Low Profile. To the maximum extent feasible, oil and gas
operations shall use low profile tanks.
(28) Signs. All applicants for oil and gas operations shall comply with the
requirements contained in Section 3.8.7 of this Land Use Code pertaining
to signs.
(29) Spills. Chemical spills and releases shall be reported in accordance with
applicable state and federal laws, including the Emergency Planning and
Community Right To Know Act, the Comprehensive Environmental
Response, Compensation and Liability Act, the Oil and Pollution Act, and
the Clean Water Act, as applicable. If a spill or release impacts or
threatens to impact a water well, the operator shall notify the affected or
potentially affected water well owner immediately following discovery of
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the release, and the spill or release shall be reported to the City and to the
water well owner within twenty-four (24) hours of becoming aware of the
spill or release.
(30) Stormwater Control Plan. All oil and gas operations shall comply and
conform with the Fort Collins Storm Criteria Manual (FCSCM), including
submission of an Erosion Control Report and Plan. These criteria of the
City may be more restrictive than those of the Colorado Department of
Public Health and Environment (CDPHE) and/or Environmental
Protection Agency (EPA), and it is the responsibility of the oil and gas
entity to ensure that the most restrictive aspects of development are met.
(31) Surrounding Land Uses Standards. Oil and gas operations shall be sited
and operated in a manner so that the operation is compatible with
surrounding land uses to the maximum extent feasible. The following
techniques or actions shall be used in order to achieve compatibility
between the proposed oil and gas operation and surrounding land uses.
(a) Compatibility Siting Criteria. Adequate separation from
surrounding land uses most effectively ensures compatibility
between proposed oil and gas operations and existing land uses. In
addition, locating the operation based upon the following site-
specific characteristics will assist in creating a compatible
operation:
1. Oil and gas operations shall be located as far as possible
from surrounding land uses.
2. Oil and gas operations shall be sited away from prominent
natural features such as distinctive rock and land forms,
vegetative patterns, river and streams and other landmarks
or other identified visual or scenic resources, designated
environmental resources, trails, or distinctive vegetative
patterns if such features are identified on the Natural
Habitats and Features Inventory or if any portion of the
development site possesses characteristics (including,
without limitation, wetlands, riparian areas or foothills
forest) that would have supported their inclusion on the
Natural Habitats and Features Inventory Map, and such
areas are discovered during site evaluation and/or
reconnaissance associated with the development review
process.
3. Oil and gas operations shall be located with consideration
being given to prevailing weather patterns, including wind
directions, to mitigate compatibility concerns.
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4. Oil and gas operations shall, to the extent reasonably
feasible, not be located on or across hilltops and ridges,
shall avoid silhouetting, and, where possible, shall be
located at the base of such slopes.
5. Oil and gas operations shall use acoustically or hospital-
grade insulated housing, a cover to enclose the motor or
engine, or an acoustically insulated building to enclose the
installation.
6. Any equipment used in drilling, completion, or production
of an oil and gas operation shall comply with the maximum
permissible noise levels set forth at C.R.S. § 25-12-103 for
residential zones.
(32) Temporary Access Roads. Temporary access roads associated with oil and
gas operations shall be reclaimed and re-vegetated to the original state.
(33) Transportation and circulation. All applicants for oil and gas operations
shall comply with the requirements contained in Division 3.6 of this Land
Use Code pertaining to transportation and circulation. All applicants for
oil and gas operations shall include in their applications detailed
descriptions of all proposed access routes for equipment, water, sand,
waste fluids, waste solids, mixed waste and all other material to be hauled
on the public streets and roads of the City. The submittal shall also
include the estimated weights of vehicles when loaded, a description of the
vehicles, including the number of wheels and axles of such vehicles and
any other information required by the Traffic Engineer. In addition to any
other bonding or indemnification requirements of the City as may be
reasonably imposed, all applicants for oil and gas operations shall provide
the City with a policy of insurance in an amount determined by the City
Manager to be sufficient to protect the City against any damages that may
occur to the City’s streets, roads or rights-of-way as a result of any weight
stresses or spillage of hauled materials including, without limitation,
water, sand, waste fluids, waste solids and mixed wastes.
(34) Trash and recycling enclosures. All applicants for oil and gas operations
shall comply with the requirements contained in Section 3.2.5 of this Land
Use Code, to the maximum extent feasible.
(35) Water supply. The operator shall identify in the site plan its source for
water used in both the drilling and production phases of operations. The
sources and amount of water used in the City shall be documented and this
record shall be provided to the City annually or sooner, upon request of
the City Manager. The disposal of water used on site shall also be detailed
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including anticipated haul routes, approximate number of vehicles needed
to supply and dispose of water and the final destination for water used in
operation.
(36) Weed Control. The applicant shall be responsible for ongoing weed
control at oil and gas operations, pipelines, and along access roads during
construction and operation, until abandonment and final reclamation is
completed per City, Larimer County or other applicable agency
regulations. The appropriate weed control methods and species to be
controlled shall be determined through review and recommendation by the
County Weed Coordinator by reference to the Larimer County Noxious
Weed Management Plan and in coordination with the requirements of the
surface owner.
(37) Well Abandonment. The operator shall comply with any Commission
rules regarding well abandonment. Upon plugging and abandonment of a
well, the operator shall provide the Director with surveyed coordinates of
the abandoned well and shall leave onsite a physical marker of the well
location.
(38) Representations. The approved project development plan review
application shall be subject to all conditions and commitments of record,
including verbal representations made by the applicant and in the
application file, including without limitation compliance with all approved
mitigation plans.
(D) Basic Development Review. The procedures and standards set forth in this
subsection shall be applied only to applications qualifying for basic development
plan review.
(1) Procedure Specific to Basic Development Review.
(a) Administrative Action. An application that qualifies for the Basic
Development Plan review process shall be reviewed and acted
upon by the Director, and shall not be subject to the procedural
requirements contained in Division 2.4 of this Land Use Code.
(b) Eligibility for Basic Development Review. A proposed operation
will qualify for the basic development review process based upon a
determination by the Director that a well pad already exists for the
proposed oil and gas operation, or if not, that the proposed location
of the oil and gas operation meets the following siting criteria:
1. The wellhead, pumping units, tanks, and treaters are at least
five hundred (500) feet from any occupied structure, or
such greater distance as may be required by the
Commission.
PENDING FURTHER LEGAL REVIEW
2. The wellhead, pumping units, tanks, and treaters are at least
one hundred fifty (150) feet from any property line, unless
verified written consent is obtained from affected property
owners.
3. The wellhead, pumping units, tanks, and treaters are at least
five hundred (500) feet from any natural area, any property
managed by the City’s Natural Areas Department, any City
Park, and any surface water body including, but not limited
to, rivers, streams, ditches, wetlands, reservoirs and lakes.
4. The wellhead, pumping units, tanks, and treaters are at least
five hundred (500) feet from any domestic or commercial
water wells.
(c) Referral by Director and Staff Review.
1. Timing. After determining that a development application is
complete, the Director shall refer the development
application to the appropriate review. Referral comments
on the proposed development plan shall be returned to the
Director within fifteen (15) business days from the date of
transmittal of the referral.
2 Meeting. Upon completion of the referral comments, the
Director, staff, and the applicant will review the City’s
referral comments for compliance with the development
plan regulations and applicable state and federal
regulations. A resubmittal and additional staff review may
be required to address all referral comments. Additional
meetings shall occur no later than ten (10) business days
following resubmittal.
3. Consultant Review. The Director may submit the
application for review and recommendation by consultants
retained by the City with the necessary expertise to review
technical or other aspects of the application which are
outside the expertise of the Community Development and
Neighborhood Services Department. The applicant shall
reimburse the City for any costs associated with the
consultant review.
(d) Review by Director.
PENDING FURTHER LEGAL REVIEW
1. The Director shall review and make a determination on an
application that qualifies for the basic development review
process within forty-five (45) days after the application is
deemed complete. The applicant may extend the foregoing
time period. Failure to make a determination on the
application within this time period shall result in the
application being approved subject to the general oil and
gas facility operation requirements and standards contained
in subsection C of this Section.
2. Following review of the completed application within the
time period set out in subsection 1. above, the Director may
approve, approve with conditions necessary to ensure
compliance with this Section, or deny the application based
upon noncompliance with the basic development review
standards as contained in subsection (D)(2) below.
(2) Review Standards Specific to Basic Development Review. All applications
for oil and gas facilities that demonstrate compliance with the following
standards shall be approved under the basic development review process.
(a) Air Quality. Air emissions from wells shall be in compliance with
the permit and control provisions of the Colorado Air Quality
Control Program, Title 25, Section 7, C.R.S., and all state and
federal regulations for the control of fugitive dust, and control of
ozone, ozone precursors, and hazardous air pollutants by the
Larimer County Public Health Department. In addition, proposed
oil and gas operations shall implement an air quality mitigation
plan which establishes compliance with the following mitigation
measures of this Section.
1. General Duty to Minimize Emissions. All continuously
operated equipment, including but not limited to, storage
vessels, tanks, separators, pneumatic pumps, dehydrators,
and compressors, shall route all natural gas and VOC
vapors to a capture or control device with at least a ninety
eight (98) percent VOC destruction efficiency. The
applicant shall submit to the Director a manufacture test or
other data demonstrating a ninety eight (98) percent VOC
destruction or control efficiency. Any flare, auto ignition
system, recorder, vapor recovery device or other equipment
used to meet the ninety eight (98) percent VOC destruction
or control efficiency requirement shall be installed,
calibrated, operated, and maintained in accordance with the
manufacturer’s recommendations, instructions, and
operating manuals.
PENDING FURTHER LEGAL REVIEW
2. Flares and Combustion Devices. All flares shall be
designed and operated as follows:
a. The flare shall be fired with natural gas and shall be
operated with a ninety eight (98) percent VOC
destruction efficiency.
b. The flare shall be designed and operated in a
manner that will ensure no visible emissions,
pursuant to the provisions of 40 CFR 60.18(f),
except for periods not to exceed a total of five (5)
minutes during any two (2) consecutive hours.
c. The flare shall be operated with a flame present at
all times when emissions may be vented to it,
pursuant to the methods specified in 40 CFR
60.18(f).
d. The flare shall comply with the specifications
detailed in 40 CFR 60.18(c)(3)-(6).
e. An automatic flame ignition system shall be
installed.
f. If using a pilot flame ignition system, the presence
of a pilot flame shall be monitored using a
thermocouple or other equivalent device to detect
the presence of a flame. A pilot flame shall be
maintained at all times in the flare’s pilot light
burner. If the pilot flame goes out and does not
relight, then a visible alarm shall be activated.
g. If using an electric arc ignition system, the arcing of
the electric arc ignition system shall pulse
continually and a device shall be installed and used
to continuously monitor the electric arc ignition
system.
h. Any flare, auto ignition system, and recorder shall
be installed, calibrated, operated, and maintained in
accordance with the manufacturer’s
recommendations, instructions, and operating
manuals.
3. Fugitive Emissions. The operator shall develop and
maintain a leak detection and component repair program,
PENDING FURTHER LEGAL REVIEW
such as a Leak Detection and Repair program or a Directed
Inspection and Maintenance program, using the most
effective performance technologies and practices for
equipment used on the well site for permanent operations.
4. Use of Closed Loop Pitless Systems for the Containment
and/or Recycling of Drilling and Completion Fluids. Wells
shall be drilled, completed and operated using closed loop
pitless systems for containment and/or recycling of all
drilling, completion, flowback and produced fluids.
5. Green Completions. For each well completion operation,
the operator shall control emissions by the operational
procedures set forth below:
a. For the duration of flowback, route the recovered
liquids into one or more storage vessels or re-inject
the recovered liquids into the well or another well,
and route the recovered gas into a gas flow line or
collection system, re-inject the recovered gas into
the well or another well, use the recovered gas as an
on-site fuel source, or use the recovered gas for
another useful purpose that a purchased fuel or raw
material would serve, with no direct release to the
atmosphere.
b. If compliance with the prior paragraph is infeasible
the operator shall capture and direct flowback
emissions to a completion combustion device
equipped with a reliable continuous ignition source
over the duration of flowback, except in conditions
that may result in a fire hazard or explosion, or
where high heat emissions from a completion
combustion device may negatively impact
waterways or nearby structures. Non-flammable gas
may be vented temporarily until flammable gas is
encountered where capture or combustion is not
feasible. Completion combustion devices shall be
equipped with a reliable continuous ignition source
over the duration of flowback.
c. Operators have a general duty to safely maximize
resource recovery and minimize releases to the
atmosphere during flowback and subsequent
recovery / operation.
PENDING FURTHER LEGAL REVIEW
d. For wildcat or delineation wells in a location
without a pipeline, each well completion operation
at a gas wellhead affected facility shall reduce
emissions by using a completion combustion device
equipped with a reliable continuous ignition source
over the duration of flowback.
e. The operator shall maintain a log for each well
completion operation at each gas wellhead affected
facility. The log shall be completed on a daily basis
and must contain the records specified in 40 C.F.R.
§ 60.5420(c)(1)(iii).
f. The operator of a well shall notify the Director at
least two (2) days prior to the commencement of
well drilling and completion. The notification shall
include contact information for the operator; the
API well number, the latitude and longitude
coordinates for each well in decimal degrees to an
accuracy and precision of five (5) decimals of a
degree using the North American Datum of 1983;
and the planned date of the beginning of drilling
and completion / flowback. The notice may be
submitted in writing or in electronic format.
6. Storage Vessels. The operator shall estimate and report
emissions immediately from new or modified storage
vessels added to well sites with existing production wells or
within 30 days for vessels located at well sites with no
existing wells in production.
7. Capture of Produced Gas from Wells. Gas produced during
production shall be captured and not flared or vented.
8. Pneumatic controllers. The operator shall use only no-
bleed pneumatic controllers.
9. Maintenance During Well Blowdowns. The Air Quality
Plan shall require the use of technologies or practices that
minimize or eliminate natural gas emissions during well
maintenance or blowdowns.
10. Maintenance of Gathering Lines and Pipelines. The Air
Quality Plan shall require technologies or practices that
minimize or eliminate emissions or spills during
maintenance of pipelines.
PENDING FURTHER LEGAL REVIEW
11. Rod-Packing Replacement. Operators shall replace rod-
packing from reciprocating compressors every twenty six
thousand (26,000) hours or thirty six (36) months.
12. Air Quality Monitoring for Air Toxics. The operator shall
be responsible for conducting baseline air quality
monitoring as specified in the City’s Air Quality Baseline
and Follow-up Monitoring Plan and providing a report and
copies of all test results to the Director and Commission in
an electronic data deliverable format. The Director may
require additional post-completion test(s) if changes in air
quality are identified during follow-up testing or in
response to citizen complaints.
13. Certification. An authorized representative for the operator
shall submit annual reports to the Director certifying
compliance with these air quality requirements and
documenting any periods of non-compliance, including the
date and duration of each deviation and a compliance plan
and schedule to achieve compliance. The reports shall
contain a certification as to the truth, accuracy and
completeness of the reports.
(b) Water Quality Monitoring and Well Testing. Proposed oil and gas
operations shall implement a water quality monitoring and well
testing plan that establishes compliance with the criteria of this
subsection.
1. Water Well Sampling.
a. Based upon records from the Colorado Division of
Water Resources, the operator shall identify and
offer to sample all water wells located within a one
quarter mile (¼) mile radius of the oil and gas well
casing of a proposed oil and gas well. If no water
well exists within a one-quarter (1/4) mile or if the
operator is denied access, then the operator shall
offer to sample water wells within a one-half (1/2)
mile radius. If a water well owner desires that the
water well be tested, the operator shall conduct
baseline monitoring of the water well prior to the
start of heavy equipment operations at the oil and
gas well site. If desired by the water well owner,
samples shall be collected at the same location one
year, three years, and six years after the conclusion
PENDING FURTHER LEGAL REVIEW
of the oil and gas well completion. Additional post-
completion test(s) may be required if changes in
water quality are identified during follow-up
testing. The Director may require further water well
sampling at any time in response to complaints from
water well owners. All water well monitoring
results shall be reported to the Director and to the
water well owner.
b. The water well testing described in this Section
shall include testing for the analytes listed in Table
1. Current applicable EPA-approved analytical
methods for drinking water shall be used and
analyses shall be performed by laboratories that
maintain state or nationally accredited programs.
Field observations such as damaged or unsanitary
water well conditions, adjacent potential pollution
sources, odor, water color, sediment, bubbles, and
effervescence shall also be included. The location of
the water well shall be surveyed using a sub meter
GPS.
c. If the monitoring samples collected after the oil and
gas well completion indicate free gas or a dissolved
methane concentration level greater than two (2)
milligrams per liter (mg/l) is detected in a water
well, gas compositional analysis and stable isotope
analysis of the methane (carbon and deuterium)
shall be performed to determine gas type. If the test
results indicate biogenic gas, no further isotopic
testing shall be done. If the test results indicate
thermogenic or a mixture of thermogenic and
biogenic gas, then the operator shall submit to the
Director and Commission an action plan to
determine the source of the gas. If the methane
concentration increases by more than five (5) mg/l
between sampling periods, or increases to more than
ten (10) mg/l, the operator shall notify the Director,
the Commission and the owner of the water well
immediately.
d. If, at any time, monitoring indicates contamination,
the operator shall immediately notify the Director,
the Commission and the owner of the water well.
PENDING FURTHER LEGAL REVIEW
e. Copies of all test results described above shall be
provided to the Director, the Commission and the
water well owner within three (3) months of
collecting the samples. The analytical data and
surveyed well locations shall also be submitted to
the Director and Commission in an electronic data
deliverable format.
f. If a spill or release impacts or threatens to impact a
water well, the operator shall notify the affected or
potentially affected water well owner immediately
following discovery of the release, and the spill or
release shall be reported to the Director and to the
water well owner within 24 hours of becoming
aware of the spill or release.
2. Public Water Supply Protection. The Operator shall comply
with all requirements of Commission Rule 317(b)
regarding Public Water Supply Protection.
3. Groundwater and Surface Water Sampling and Monitoring.
a. Baseline Monitoring.
1) The Operator shall collect and analyze
representative samples of groundwater from
the two closest groundwater features with
reasonable access, such as permitted and
registered water wells, groundwater wells or
groundwater seeps and springs, which are
located within 1/2 mile cross and down
gradient of the oil and gas well casing of the
proposed oil and gas well. If there is not a
groundwater feature within ½ mile of the oil
and gas well casing, the Operator shall
install two groundwater monitoring wells
within close proximity, cross and down
gradient of the proposed oil and gas well.
The baseline samples shall be collected prior
to the start of heavy equipment operations at
the site. Samples shall be collected at the
same location one year after the conclusion
of the oil and gas well completion.
2) The Operator shall collect and analyze
representative samples of surface water from
PENDING FURTHER LEGAL REVIEW
water bodies within ½ mile cross and down
gradient of the well casing of the proposed
oil and gas well. The baseline samples shall
be collected prior to the start of heavy
equipment operations at the site. Samples
shall be collected at the same location one
year after the conclusion of the oil and gas
well completion.
3) Analytes for groundwater and surface water
shall include, at a minimum, those outlined
in the COGA Sampling and Analysis Plan
(Table 1).
4) Copies of all baseline monitoring results
described above shall be provided to the
Director prior to the issuance of a permit and
within three months for samples collected
after the conclusion of well completion.
b. Active Soil Gas Monitoring. Operators shall
conduct an active soil gas survey in
proximity to the wellhead 90 days after
production begins to determine if any
leaks/releases have occurred as a result of
drilling, stimulation, and completion
activities.
c. Groundwater Monitoring. If, based on
results of active soil gas monitoring, there is
an indication of a spill or release, the
operator shall be required to install
groundwater monitoring wells and conduct
groundwater monitoring cross gradient and
down gradient of the soil gas contamination
to determine the extent of the contamination
and possible impacts to water supplies and
water bodies. Sampling frequency and
contaminants analyzed shall be based on the
risks associated with the type and
concentration of the contaminants identified,
hydrogeological conditions, and the
beneficial use of the water body, but in no
case less than quarterly, and in accordance
with the approved Water Quality Monitoring
Plan.
PENDING FURTHER LEGAL REVIEW
d. Surface Water Monitoring. If, based on the
results of active soil gas monitoring and
groundwater monitoring, there is an
indication that contamination may impact
water bodies cross and down gradient of the
contamination, then the Operator shall
conduct surface water sampling of the
potentially impacted water body. Sampling
frequency and contaminants analyzed shall
be based on the risks associated with the
type and concentration of the contaminants
identified and the beneficial use of the water
body, but in no case less than quarterly, and
in accordance with the approved Water
Quality Monitoring Plan.
e. Additional Monitoring. The operator shall
notify the Director if groundwater or surface
water monitoring is required based on the
results of soil gas monitoring and shall
provide details regarding the associated
monitoring plan.
TABLE 1. Water Quality Analytes
GENERAL WATER
QUALITY
Alkalinity
Conductivity & TDS
pH
Dissolved Organic
Carbon
(or total Organic Carbon)
Bacteria
Hydrogen Sulphide
MAJOR IONS
Calcium
Chloride
Fluoride
Magnesium
Potassium
Sodium
Sulfate
Nitrate + Nitrite (total)
PENDING FURTHER LEGAL REVIEW
METALS
Arsenic
Barium
Boron
Chromium
Copper
Iron
Lead
Manganese
Selenium
Strontium
VOLATILE
ORGANIC
COMPOUNDS
Methane
BTEX compounds
(Benzene, Toluene,
Ethylbenzene, Xylene)
Total Petroleum
Hydrocarbons (TPH)
OTHER
Water Level
Stable isotopes of water
(Oxygen-18 and
Deuterium)
(c) Natural Resources. All applicants for oil and gas operations under
Basic Development Review shall comply with the requirements
contained in Section 3.4.1 of this Land Use Code.
(d) Pipelines. Any newly constructed or substantially modified
pipelines on site shall meet the following requirements:
1. Flow lines, gathering lines, and transmission lines shall be
sited a minimum of fifty (50) feet away from general
residential, commercial, and industrial buildings, as well as
the high-water mark of any surface water body. This
distance shall be measured from the nearest edge of the
pipeline. Pipelines and gathering lines that pass within 150
feet of general residential, commercial, and industrial
buildings or the high water mark of any surface water body
shall incorporate leak detection, secondary containment, or
other mitigation, as appropriate.
2. To the maximum extent feasible, pipelines shall be aligned
with established roads in order to minimize surface impacts
and reduce habitat fragmentation and disturbance.
PENDING FURTHER LEGAL REVIEW
3. To the maximum extent feasible, operators shall share
existing pipeline rights-of-way and consolidate new
corridors for pipeline rights-of-way to minimize surface
impacts.
4. Operators shall use boring technology when crossing
streams, rivers or irrigation ditches with a pipeline to
minimize negative impacts to the channel, bank, and
riparian areas.
basic development review
(E) Standard Development Review. The procedures and standards set forth in this
subsection shall be applied to applications qualifying for standard project
development plan review.
(1) Procedure Specific to Standard Project Development Plan Review. Upon
determination that an application is a standard project development plan
review application and that the application is complete, the Director shall
begin review of the application for compliance with this subsection.
(a) Referral by Director and Staff Review. The project development
plan shall be subject to the provisions contained in Division 2.4 of
this Land Use Code and the following additional procedural
requirements:
1. Timing. After determining that a development application is
sufficient, the Director shall refer the development
application to the appropriate review agencies for review of
the development application. The Director may also refer
the application to other government agencies or entities for
review and comment. Referral comments on the proposed
development shall be returned to the Director no later than
thirty-five (35) days from the date of application.
2. Meeting. Upon completion of the referral comments, the
Director, staff, and the applicant will review the City’s
referral comments for compliance with the development
plan regulations and applicable state and federal
regulations. A resubmittal and additional staff review may
be required to address all referral comments. Additional
meetings shall occur no later than ten (10) business days
following resubmittal.
PENDING FURTHER LEGAL REVIEW
3. Consultant Review. The Director may submit the
application for review and recommendation by consultants
retained by the City with the necessary expertise to review
technical or other aspects of the application which are
outside the expertise of the Community Development and
Neighborhood Services Department. The applicant shall
reimburse the City for any costs associated with this
consultant review.
(2) Review Criteria and Standards Specific to Standard Project Development
Review. The Planning and Zoning Board’s decision on a standard project
development plan review application for an oil and gas operation will be
based upon the plan’s compliance with all applicable development plan
standards as set out in this Section 3.8.14 or referenced in Section 3.8.14,
except those standards that are specific to Basic Development Review, and
upon its compliance with the following additional standards:
(a) Air Quality Standards. Air emissions from the wells shall be in
compliance with the permit and control provisions of the Colorado
Air Quality Control Program, Title 25, Section 7, C.R.S., and all
state and federal regulations for the control of fugitive dust, and
control of ozone, ozone precursors, and hazardous air pollutants.
1. General Duty to Minimize Emissions. All continuously
operated equipment, including but not limited to, storage
vessels and tanks, separators, pneumatic pumps,
dehydrators, and compressors, shall route all natural gas
and VOC vapors to a capture or control device with at least
a ninety eight (98) percent VOC destruction efficiency.
Operators shall submit to the Director manufacture test or
other data demonstrating a ninety eight (98) percent VOC
destruction or control efficiency. Any flare, auto ignition
system, recorder, vapor recovery device or other equipment
used to meet the ninety eight (98) percent VOC destruction
or control efficiency requirement shall be installed,
calibrated, operated, and maintained in accordance with the
manufacturer’s recommendations, instructions, and
operating manuals.
a. Flares and Combustion Devices. All flares shall be
designed and operated as follows:
1) The flare shall be fired with natural gas and
shall be operated with a ninety eight (98)
percent VOC destruction efficiency.
PENDING FURTHER LEGAL REVIEW
2) The flare shall be designed and operated in a
manner that will ensure no visible
emissions, as determined by 40 CFR
60.18(f), except for periods not to exceed a
total of five (5) minutes during any two (2)
consecutive hours.
3) The flare shall be operated with a flame
present at all times when emissions may be
vented to it, as determined by methods
specified in 40 CFR 60.18(f).
4) The flare shall comply with the
specifications detailed in 40 CFR
60.18(c)(3)- (6).
5) An automatic flame ignition system shall be
installed.
6) If using a pilot flame ignition system, the
presence of a pilot flame shall be monitored
using a thermocouple or other equivalent
device to detect the presence of a flame. A
pilot flame shall be maintained at all times
in the flare’s pilot light burner. If the pilot
flame goes out and does not relight, then a
visible alarm shall be activated.
7) If using an electric arc ignition system, the
arcing of the electric arc ignition system
shall pulse continually and a device shall be
installed and used to continuously monitor
the electric arc ignition system.
8) Any flare, auto ignition system, and recorder
shall be installed, calibrated, operated, and
maintained in accordance with the
manufacturer’s recommendations,
instructions, and operating manuals.
b. Fugitive Emissions. The operator shall develop and
maintain a leak detection and component repair
program, such as a Leak Detection and Repair
program (LDAR) or a Directed Inspection and
Maintenance program, using the most effective
performance technologies and practices for
PENDING FURTHER LEGAL REVIEW
equipment used on the well site for permanent
operations.
c. Certification. An authorized representative for the
operator must submit annual reports to the Director
certifying compliance with these air quality
requirements and the Commission 805 Rule
requirements for green completions and pneumatic
controllers and documenting any periods of non-
compliance, including the date and duration of each
deviation and a compliance plan and schedule to
achieve compliance. The reports shall contain a
certification as to the truth, accuracy and
completeness of the reports.
(2) Water Quality Standards. The operator shall provide sufficient evidence
to ensure that the installation and operation of any oil and gas operation
will not cause significant degradation of surface or ground waters within
the City, cause water bodies to not meet their intended beneficial uses, or
cause an exceedance of water quality standards as determined by the
Colorado Department of Public Health and the Environment – Water
Quality Control Commission regulations.
(3) Natural Resource Standards. The installation and operation of any oil and
gas operation shall not cause significant degradation to any area identified
on the Natural Habitats and Features Inventory or if any portion of the
development site possesses characteristics (including, without limitation,
wetlands, riparian areas or foothills forest) which would have supported
their inclusion on the Natural Habitats and Features Inventory Map, and
such areas are discovered during site evaluation and/or reconnaissance
associated with the development review process.
(F) Reclassification.
(a) From Basic Development Review to Standard Development Review. The
Director may, upon request of the applicant, reclassify an application that
has been filed under the basic development review process at any time
prior to the Director’s final approval of the application if the Director
determines that the proposed oil and gas operation will not meet the
applicable criteria or if the Director denies approval of the application or
approves the application on conditions unacceptable to the
applicant. Upon such reclassification, the application shall be processed
under the standard development review process, provided that the
applicant pays any additional fees and meets any additional application
submittal requirements associated with such process. If the applicant fails
to pay such additional fees and file the additional application submittal
PENDING FURTHER LEGAL REVIEW
requirements within ninety (90) days of the Director’s determination, the
application shall be deemed withdrawn. By pursuing a reclassified
application under the standard development review process, the applicant
shall be deemed to have waived any right of administrative or judicial
review related to the earlier processing of the application under the basic
development review process.
(b) From Standard Development Review to Basic Development Review. If an
application has been submitted for review under the standard development
review process, the Director may, upon the request of the applicant at any
time prior to a decision on the application by the Planning and Zoning
Board, reclassify the application. Upon such reclassification, the
application shall be processed under the basic development review
process, provided that the applicant pays any additional fees and meets
any additional application submittal requirements associated with such
process. If the applicant fails to pay such additional fees and file the
additional application submittal requirements within ninety (90) days of
the Director’s determination, the application shall be deemed
withdrawn. By pursuing a reclassified application under the basic
development review process, the applicant shall be deemed to have
waived any right of administrative or judicial review related to the earlier
processing of the application under the standard development review
process.
(G) Operational Conflict Waiver.
(1) The City recognizes that the Commission regulates oil and gas operations
and that the Colorado appellate courts have determined that, if the
application of a City regulation to an oil and gas operation would conflict
with a state statue, regulation or other requirement, and if such conflict
would materially impede or destroy the state’s interest in the responsible,
balanced development, production and utilization of oil and gas consistent
with protection of public health, safety, and welfare, including protection
of the environment and wildlife resources, the City regulation is
superseded by the conflicting state requirement. Accordingly, if the City
determines, upon the request of an applicant as provided in subsection
(G)(2) below, that the application of one or more standards contained in
this Section would create an operational conflict, the City will waive the
application of the conflicting standard(s).
(2) The applicant may make a written request to the Director for an
Operational Conflict Waiver hearing before the Planning and Zoning
Board at any time during the development plan review process, but no
later than ten (10) days following a final decision on the development plan
review application. An Operational Conflict Waiver application shall be
heard in a noticed public hearing by the Planning and Zoning Board.
PENDING FURTHER LEGAL REVIEW
Notice of the hearing shall be in accordance with Section 2.2.6 of this
Land Use Code. The hearing shall allow the applicant the opportunity to
develop a full evidentiary record concerning the alleged operational
conflict between the City regulation and the state regulation. The Director
shall also provide notice of the hearing to the Commission and request that
the Commission provide information to the Planning and Zoning Board
relative to its position as to the alleged operational conflict. At the hearing,
the applicant shall have the burden of pleading and proving an actual
operational conflict between the requirements of these regulations and
those of the Commission in the context of the specific application. If the
Planning and Zoning Board determines that an operational conflict exists,
it will waive the City requirement or standard to the extent necessary to
negate the operational conflict. The Planning and Zoning Board may also
condition the approval of the operational conflict waiver as necessary to
protect the public health, safety and welfare by mitigating any adverse
impacts arising from the grant of approval. Any such condition shall be
designed and enforced so that the condition itself does not conflict with
the requirements of the Commission. Any party-in-interest, as defined in
Section 2-4 of the City Code, may appeal the decision of the Planning and
Zoning Board on the operational conflict waiver request to the City
Council in accordance with Section 2.2.12 of this Land Use Code. Any
decision of the City Council may be further subject to judicial review
under rule 106(a)(4) of the Colorado Rules of Civil Procedure.
(3) Other waivers. At any time during the application process, the Director
may waive one or more of the regulations contained in this Section if the
applicant demonstrates to the satisfaction of the City one of the following:
(a) That there is no economical technology commercially available to
conduct the oil and gas operation in compliance with the
standard(s);
(b) That waiving the standard will not result in unreasonable damage
to public health, safety, welfare and the environment; or
(c) Protection of the public health, safety, welfare and the environment
would be enhanced by an alternate approach not contemplated by
the standard.
(H) Modification of Standards and Variances. Division 2.8 of this Land Use Code
shall apply to applications under this Section. Division 2.10 of this Land Use
Code shall not apply to applications under this Section or to oil and gas operations
generally.
(I) Procedures Following Approval of Permit.
PENDING FURTHER LEGAL REVIEW
(1) Financial Guarantees. The applicant shall provide one (1) form of the
following security (bond, irrevocable letter of credit or equivalent
financial security acceptable to the City) to ensure compliance with this
Section in an amount equal to the actual estimated cost plus ten (10)
percent to implement the operation consistent with the requirements of this
Section and any applicable conditions of approval. Operations may be
released from this performance security requirement if the applicant
demonstrates to the Director’s satisfaction that all conditions of approval
have been met and the operation is in compliance with this Section. If the
installation of plant and landscape materials is required as mitigation
measures under this Article, the performance security for these measures
shall remain in place for two years after installation. This provision is not
meant to address Commission Application for Permit to Drill permitting
requirements nor does it replace the Commission's financial assurance
requirements.
(2) Right to Enter. The applicant shall provide the telephone number of a
contact person who may be reached twenty-four (24) hours a day for the
purpose of being notified of any proposed City inspection under this
Section. Any site under an approved development plan may be inspected
by the City at any time, to ensure compliance with the requirements of the
approved project development plan, provided that twenty-four (24) hours
prior notice is given to the contact person at the telephone number
supplied by the applicant. Each approved project development plan shall
contain the following statement: “Applicant hereby consents to allow the
City the right of inspection of this approved operation provided the City
contacts the operator with twenty- four (24) hours prior notice of such
inspection.”
(3) Effect of the Approved Development Plan. In addition to the provisions
set out in Section 2.1.4 of this Land Use Code, after approval of a
development plan and following compliance with any applicable
conditions of approval, the City Engineer may issue a project development
plan use construction permit for the proposed oil and gas operation.
Following receipt of the project development plan use construction permit,
the applicant may request processing of any necessary building, grading,
access, floodplain, or other City permits and may otherwise proceed with
the proposed oil and gas operation. The approval of a project development
plan review under this Section shall not result in the vesting of
development rights, nor shall it permit the violation of any City or state
regulations or preclude the City Engineer from refusing to issue a permit if
the plans and specifications do not comply with applicable City
regulations.
(4) Amendments to Development Plan. Any proposal to change an approved
development plan shall require an application to the Director to determine
PENDING FURTHER LEGAL REVIEW
whether the proposed change constitutes a minor or major amendment and
shall be processed under Section 2.2.10 accordingly.
(J) Enforcement.
(1) In addition to the provisions set out in Division 2.14 of this Land Use
Code, the Director shall be entitled to draw on any financial guarantee
provided by an applicant pursuant to this Section, if the applicant violates
any term or condition of an approved project development plan. If the
Director has reason to believe that a violation of an approved project
development plan for which a financial guarantee has been provided has
occurred, the Director shall provide written notice to the applicant
describing the violation, and stating a reasonable time within which the
violation must be corrected. If, within that time period, the applicant has
either not corrected the violation or filed a written appeal with the City
Manager, the Director shall be entitled to enter upon the site to take any
reasonable measures to correct the violation, and may draw on the
financial guarantee to cover the costs of corrective measures.
(2) If the applicant files a timely appeal with the City Manager, the City
Manager shall schedule a hearing on the appeal as soon as reasonably
possible and shall provide written notice of the date, time and place of the
hearing to the applicant. If the City Manager confirms at the hearing that
the violation has occurred and has not been corrected, the City Manager in
his or her discretion may give the applicant additional time to correct the
violation, or may specify the time at which the Director may take
appropriate action to have the violation corrected and draw on the
financial guarantee to cover the costs of corrective measures.
(3) To ensure the Director's ability to enforce the provisions of any approved
project development plan, the Director shall not release any financial
guarantee provided under this Section for an individual development plan
until the Director confirms that all operations have been completed and all
provisions of the plan have been met. The Director shall not release any
bond or other financial guarantee provided under this Section unless he or
she is satisfied that the person providing the bond has adequately declared
his or her intention to conduct no further oil and gas operations in the City
in the foreseeable future. The Director shall also be empowered to release
a financial guarantee if a successor to an applicant provides satisfactory
guarantees in accordance with this Section.
Section 5. That Section 3.8.26(C)(2) of the Land Use Code is hereby amended to
read as follows:
3.8.26 Residential Buffering
PENDING FURTHER LEGAL REVIEW
. . .
(2) There are three (3)four (4) types of buffer yards which are established according
to land use intensity as described in Chart 1 below. Buffer yard distances are
established in Chart 2 below and specify deciduous or coniferous plants required
per one hundred (100) linear feet along the affected property line, on an average
basis.
. . .
Section 6. That Chart 1 contained in Section 3.8.26 of the Land Use Code is hereby
amended to read as follows:
Chart 1
Land Use Intensity Categories
Land Use Intensity Category Buffer Yard
Airports/airstrips Very High C
Composting facilities High B
Dry cleaning plants Very High C
Feedlots Very High C
Heavy industrial uses Very High C
Light industrial uses High B
Junkyards High B
Outdoor storage facilities High B
Recreation vehicle, boat, truck storage Medium A
Recycling facilities High B
Agricultural research laboratories High B
Resource extraction, including
abandoned and plugged oil and gas wells
Very High C
Resource extraction, including any oil
and gas wells that have not been plugged
and abandoned
Very High D
Transportation terminals (truck,
container storage)
High B
Warehouse & distribution facilities High B
Workshops and custom small industry Medium A
Section 7. That Chart 2 contained in Section 3.8.26 of the Land Use Code is hereby
amended to read as follows:
PENDING FURTHER LEGAL REVIEW
Chart 2
Buffer Yard Types
Type – Base Standard (plants
per 100 linear feet along
affected property line)* Option Width
Plant
Multiplier**
Option: Add 6'
Wall
Option: Add
3' Berm or 6'
Fence
Buffer Yard A:
3 Shade Trees
2 Ornamental Trees or
Type 2 Shrubs***
3 Evergreen Trees
15 Shrubs (33% Type
1, 67% Type 2)
15 feet
20 feet
25 feet
30 feet
35 feet
40 feet
1.00
.90
.80
.70
.60
.50
.65 .80
Buffer Yard B:
4 Shade Trees
4 Ornamental Trees or
Type 2 Shrubs***
3 Evergreen Trees
25 Shrubs (Type 2)
15 feet
20 feet
25 feet
30 feet
35 feet
40 feet
45 feet
1.25
1.00
.90
.80
.70
.60
.50
.75 .85
Buffer Yard C:
5 Shade Trees
6 Ornamental Trees
or Type 2 Shrubs ***
4 Evergreen Trees
30 Shrubs (Type 2)
PENDING FURTHER LEGAL REVIEW
Closed loop drilling process or system shall mean a closed loop mud drilling system
typically consisting of steel tanks for mud mixing and storage and the use of solids
removal equipment, which normally includes some combination of shale shakers, mud
cleaners and centrifuges sitting on top of the mud tanks. This equipment separates drill
cutting solids from the mud stream coming out of the wellbore while retaining the water
or fluid portion to be reused in the continued drilling of the well bore. The solids are
placed in containment provided on location. The system differs from conventional
drilling where a reserve pit is used to allow gravitational settling of the solids from the
mud which can then be reused. A closed loop drilling system does not include use of a
conventional reserve drilling pit.
Commission shall mean the Oil and Gas Conservation Commission of the State of
Colorado.
Completion combustion device shall mean any ignition device, installed horizontally or
vertically, used in exploration and production operations to combust otherwise vented
emissions from completions.
Delineation well shall mean a well drilled in order to determine the boundary of a field or
producing reservoir.
Flow line shall mean a pipeline connecting individual well sites to gathering lines.
Gas shall mean all natural gases and all hydrocarbons not defined in this section as oil.
Gathering line shall mean a pipeline transporting produced gas, oil, or water from
multiple well sites to a centralized facility.
Oil shall mean crude petroleum oil and any other hydrocarbons, regardless of gravities,
which are produced at the well in liquid form by ordinary production methods, and which
are not the result of condensation of gas before or after it leaves the reservoir.
Oil and gas operation shall mean exploration for oil and gas, including the conduct of
seismic operations and the drilling of test bores; the siting, drilling, deepening,
recompletion, reworking, or abandonment of an oil and gas well, underground injection
well, or gas storage well; production operations related to any such well including the
installation of flow lines and gathering systems; the generation, transportation, storage,
treatment, or disposal of exploration and production wastes; and any construction , site
preparation, or reclamation activities associated with such operations.
Operator shall mean . . .
PENDING FURTHER LEGAL REVIEW
Pit shall mean any natural or man-made depression in the ground used for oil or gas
exploration or production purposes; a pit does not include steel, fiberglass, concrete or
other similar vessels which do not release their contents to surrounding soils.
VOC shall mean volatile organic compounds.
Well blowdown shall mean maintenance activity designed to remove unwanted fluids
from mature wells during which time gas is often vented to the atmosphere.
Well completion shall mean the process that perforates well casing, stimulates the
reservoir using various techniques including but not limited to acid treatment and
hydraulic fracturing, allows for the flowback of petroleum or natural gas from wells to
expel drilling and reservoir fluids, and tests the reservoir flow characteristic, which may
vent produced hydrocarbons to the atmosphere via an open pit or tank.
Section 9. That the definition of “Development” contained in Section 5.1.2 of the
Land Use Code is hereby amended by the addition of a new subparagraph (1)(k) which reads in
its entirety as follows:
(1) Development shall also include:
. . .
(k) the conducting of any oil and gas operations.
Introduced, considered favorably on first reading, and ordered published this___ day of
_______, A.D. 2012, and to be presented for final passage on the ____ day of ______, A.D.
2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the _____ day of ________, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
PENDING FURTHER LEGAL REVIEW
Remaining Issues to Address:
-Major oil and gas facilities, are these covered under these prohibited uses outlined in the I zone:
(2) All establishments falling within Standard Industrial Classification
(SIC) Major Group No. 29, Petroleum Refining and Related Industries, as
identified in the Standard Industrial Classification Manual (OMB 1987).
20 feet
25 feet
30 feet
35 feet
40 feet
45 feet
50 feet
1.25
1.00
.90
.80
.70
.60
.50
.75 .85
Buffer Yard D:
6 Shade Trees
7 Ornamental Trees of Type 2
Shrubs***
5 Evergreen Trees
35 Shrubs (Type 2)
150 feet
170 feet
190 feet
210 feet
230 feet
250 feet
1.00
.90
.80
.70
.60
.50
.75
.85
* "Base standard" for each type of buffer yard is that width which has a plant multiplier.
** "Plant multipliers" are used to increase or decrease the amount of required plants based on providing a buffer yard of reduced
or greater width or by the addition of a wall, berm or fence.
*** Shrub types: Type 1: 4' - 8' High Type 2: Over 8' High
Section 8. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of following new definitions which read in their entirety as follows:
Adverse effect or adverse impact shall mean the impact of an action, after mitigation, that
is considerable or substantial, and unfavorable or harmful. The term includes social,
economic, physical, health, aesthetic, historical impact, and/or biological impacts,
including but not limited to, effects on natural resources or the structure or function of
affected ecosystems.
APD shall mean an application for a permit to drill, deepen, re-enter or recomplete and
operate under Rule 303 of the Commission.