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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/26/2021 - OIL AND GAS REGULATORY SITING OPTIONSDATE: STAFF: January 26, 2021 Kelly Smith, Senior City Planner Caryn Champine, Director of PDT WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Oil and Gas Regulatory Siting Options. EXECUTIVE SUMMARY The purpose of this item is to discuss regulatory options for siting new oil and gas development within City limits. Per State statute, local regulations must match or exceed Colorado Oil and Gas Conservation Commission (COGCC) requirements to ensure the protection of public health, safety, welfare, the environment, and wildlife resources. The discussion will focus on various ways the City could adopt more protective standards through different setback distances, zoning regulations, and a combination thereof, and demonstrate how each scenario would influence where new development could occur within the community. To help frame the discussion, a summary will be provided of recently adopted COGCC setback rules, and feedback received through broad community engagement. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED What feedback does Council have regarding setback and zoning regulations for new oil and gas development? BACKGROUND / DISCUSSION During a Council work session held on September 16, 2019, staff was directed to begin developing local regulations for oil and gas development. A work session was scheduled on April 28, 2020, to discuss regulatory options for siting new oil and gas development within City limits. The work session was moved multiple times to accommodate more time sensitive topics related to COVID-19 and other priorities. The work session delay has impacted the project schedule; however, new oil and gas development within City limits is unlikely and not imminent. To keep Council apprised of project progress, staff provided a workplan and public engagement summary (Attachment 1). Staff also maximized the use of time provided by the delay to actively participate in the COGCC rulemakings, an ambitious process that sought to align state requirements with the goals of Senate Bill 19-181. Rulemakings concluded on November 23, 2020 and resulted in broad changes to state permitting, reporting, operational and setback requirements. The regulations also defined roles and authorities of local and state governments, as well as improved interagency coordination during the permit review process. The purpose of developing local regulations is to create requirements that are contextually appropriate to Fort Collins. For this discussion, staff is seeking feedback on location requirements that are equal to or more restrictive than the State for new oil and gas development. Accessing mineral resources within the City is already limited and will become increasingly so as the City continues to grow. SENATE BILL 19-181 On April 16, 2019, the State adopted Senate Bill 19-181 (“SB181” or “Bill”), which amended several sections of the Colorado statutes. The Bill prioritizes the protection of public health, safety and environmental concerns in the regulation of oil and gas development, over fostering development through balancing impacts with mineral extraction. January 26, 2021 Page 2 SB181 also granted new land use authority to local governments to regulate the siting of new oil and gas well locations, and to regulate land use and surface impacts, including the ability to inspect oil and gas facilities; impose fines for leaks, spills and emissions; and impose fees to cover costs of permitting, regulation, monitoring and inspection. Importantly, SB181 established that local government land use regulations would not be preempted by overlapping state regulations, and that state regulations would serve as baseline requirements, thus allowing local governments to adopt more protective regulations than the state. However, this authority is limited to surface impacts; the COGCC retains the authority over subsurface and other technical aspects. COGCC SETBACK REGULATIONS Historically, the COGCC has regulated the siting of new oil and gas facilities through the use of setbacks, or buffers, from existing developments. Setbacks have incrementally grown over the years, with the last increase occurring in August of 2013. Prior to SB181, COGCC setbacks were 500 feet from Residential Building Units, and 1000 feet from High Occupancy Building (i.e., schools, hospitals, assisted living facilities). The justification used for the setbacks was to “provide strong protective measures without imposing undue costs or restrictions on oil and gas exploration and production.” At the time, the COGCC acknowledged the setbacks “do not address potential human health impacts associated with air emissions...and believes there are numerous data gaps...that warrant further study.” (Statement of Basis, Specific Statutory Authority, and Purpose New Rules and Amendments to Current Rules, COGCC 2 CCR 404-1. Cause No. 1R Docket No. 1211-RM-04 Setbacks). In November 2020, COGCC adopted more stringent setbacks in an attempt to better address potential human health impacts associated with oil and gas development, a requirement of SB181. A core justification (and not the only justification) was a study published by the Colorado Department of Public Health and Environment (CDPHE) that implicates potential acute health impacts (e.g., headaches; dizziness; respiratory, skin, and eye irritation) could result from pre-production activities as far away as 2,000 feet under worst-case weather conditions and peak emissions. The anticipated health impacts listed in the CDPHE study also mirror recent complaints received by the COGCC from people living in proximity to oil and gas locations. New COGCC setbacks were developed with these findings in mind and start with a presumptive 2,000-foot setback for Residential Building Units and High Occupancy Buildings, with specific exceptions that would allow working pads to be located less than 500 feet from Residential Building Units, and between 500 feet and 2,000 feet from Residential Building Units and High Occupancy Buildings. The COGCC justified a variance because other protective measures could be employed that could potentially mitigate impacts equal to or greater than distance alone. Additionally, a 2,000 foot setback may prohibit operators from accessing minerals in certain scenarios. Please note the COGCC does not allow exceptions for the 2,000 foot setback from schools and childcare centers. Other relevant setbacks in COGCC rules include: • 200 feet from buildings, public roads, above ground utility lines and railroads; • 150 feet from a surface property line; • 1000 feet from Public Water System (surface water supply areas, groundwater wells, aquifer wells); and • Environmental setbacks for specific resources. ANALYSIS OF SITING REGULATIONS WITHIN CITY LIMITS Setbacks The COGCC’s regulations set the floor for oil and gas development. Therefore, local regulations must be equal to or greater than the state. To better understand the implications of siting requirements, staff evaluated alternative regulatory scenarios through a mapping exercise to identify areas within the Growth Management Area that would be open to new oil and gas development. These maps are intended to offer high-level visual overviews of projected outcomes and do not depict the full complexity of regulations. For example, many existing buildings are not differentiated by land use, therefore setbacks are applied somewhat uniformly. Setbacks from existing buildings were completed in 500-foot increments and ranged between 500 feet to 2000 feet. Staff used 2000 feet January 26, 2021 Page 3 as the maximum setback distance because it results in no land available for development. All scenarios accounted for buffer requirements for roads, railroads, FEMA and City regulated 100-year floodplains. Opportunities for increasing state standards through local setback regulations include: • Increasing setbacks from 2,000 feet; • Adopting setbacks without variances; • Applying setbacks to workplaces, commercial buildings and other land uses; and • Applying setbacks to visitor use amenities at parks and natural areas, such as athletic fields, playgrounds, recreation trails and parking lots. Zoning Zoning is a land use tool that the City employs to ensure compatibility between development sites. In the context of oil and gas, zoning could be used as a starting point to determine appropriate locations for new development. A range of setback distances with zoning requirements were applied to demonstrate the incremental effects of zoning with more protective setbacks. By nature, Oil and gas development is an industrial use and has the potential to impact public health, safety, welfare, the environment and wildlife resources. Therefore, staff restricted oil and gas to the Industrial Zone District in the mapping exercise as it is the only zone district to allow heavy industrial uses and prohibit residential uses. Because zoning adds another layer to COGCC setbacks, it is more restrictive than State standards. KEY FINDINGS OF SCENARIOS Mapping scenarios revealed that development opportunity is limited and predominantly concentrated in outlying locations of the City. The exercise also suggested that if the City adopts more protective siting regulations than the State, it may preclude new oil and gas development from occurring in the future. Areas where oil and gas could occur in City limits include: • Foothills Natural Areas (no immediate access) • Fossil Creek Reservoir area (no immediate access) • Montava development area and surrounding area (accessible in northwest corner and pockets surrounding FTC Oil Field) • Planned future PSD high school near Montava (no immediate access) • I-25 corridor (no immediate access) TABLE 1: COMPARISON OF REGULATORY SCENARIOS FOR SITING IN CITY LIMITS SETBACK ZONING LAND AVAILABLE NOTES 1000’ All Buildings No 7.2% One pocket of land around FTC Oil Field with access to mineral resources. Remainder of land with no access to mineral resources* 1500’ All Buildings No 3.3% No land with access to mineral resources* 2000’ All Buildings No 1.3% No land with access to mineral resources* 1000’ All Buildings Yes .2% No land with access to mineral resources* 1500’ All Buildings Yes 0% No land with access to mineral resources* 2000’ All Buildings Yes 0% No land with access to mineral resources* *Assessments are based on current horizontal drilling technology and the location of known mineral resources. Horizontal drilling can access mineral resources up to nearly 3,000 feet away. January 26, 2021 Page 4 TABLE 2: CROSS-COMPARISON OF REGULATIONS IN OTHER COMMUNITIES While one of the primary objectives of local regulations is to develop requirements that are contextually appropriate to Fort Collins, it is helpful to highlight how other local jurisdictions have approached regulating the siting of new oil and gas development within their communities. Below is a cross-comparison of siting regulations communities across the Front Range are considering or have adopted. COMMUNITY SETBACK ZONING NOTES Larimer County Adopted Feb 2020 1000’ No Setbacks from Residential Building Units (RBU) and High Occupancy Buildings (HOBs) Broomfield Draft 2000’ Yes • Zoned to Industrial Zone District • Setbacks from lot line of athletic fields, recreational facilities, HOBs, RBUs, undeveloped residential lots • DRAFT regs to be released soon Boulder County Adopted Dec 2020 2500’ No • Setbacks from RBUs and HOBs • Included setbacks from recreation trails and parking lots at Open Spaces • Included setbacks from workplace buildings in specific zone districts • Setbacks are 2500’ but not less than 2,000’ Adams County Adopted Oct 2020 1000’ Yes • Restricted to non-residential zone districts Setback measured from property line of existing or platted development and boundary of environmentally sensitive areas (wetlands, wildlife corridors, etc.) • Updating standards to potentially exceed State Lafayette Draft in progress No Extended Moratorium on new OG development or exploration to May 31, 2021 until conclusion of COGCC rulemakings and adoption of Boulder County regulations Longmont 750’; 1000’ HOB Yes • Setbacks from RBU, platted residential lots, parks, sports fields, playgrounds or designated outside activity areas • Development must occur outside residential zone districts, including mixed-use districts with a residential component • Considering new regulations Windsor COGCC No No new regulations Greeley COGCC No No new regulations PUBLIC INVOLVEMENT To help understand siting preferences and big-picture concerns about oil and gas development in Fort Collins, staff engaged in numerous meetings and conversations with various City Departments, City Boards, industry representatives, and environmental and neighborhood groups. Input was gathered through the following outreach activities: • Direct mailing to property owners within 2000 feet of existing active oil and gas wells, with information on the project, public open houses, city website, and CDPHE’s health study (500 letters mailed) • Interactive presentation at a Super Board Meeting held in February 2020 (over 50 attended with 14 boards represented) • Online questionnaire to collect feedback on concerns and thoughts, as advertised through direct mailing, social media, news release, and Nextdoor website (163 completed responses) • Two interactive public open houses with Larimer County, CDPHE and operator available to answer questions January 26, 2021 Page 5 • Presentations to the Planning & Zoning Board, Natural Resources Advisory Board, Land Conservation and Stewardship Board, and Air Quality Advisory Board work sessions • Presentations to City departments • Individual phone calls and emails to discuss questions and concerns, as needed In addition to broad community outreach, staff also consulted with the following targeted groups: • Colorado Oil and Gas Conservation Commission • Colorado Oil and Gas Association • Prospect Energy (local oil and gas operator) • Country Club Reserve land owner • Local Government Roundtable: a group of 14 local jurisdictions. Attended biweekly meetings to discuss COGCC rulemakings and local regulations under consideration • Colorado Department of Public Health and Environment staff • Larimer County staff A general summary of public input and potential regulations are presented in Table 3. (Attachments 3-6) TABLE 3. SUMMARY OF PUBLIC INPUT Public Input Siting Regulations that Align w/ Public Input Majority support not allowing oil and gas development within City limits • Zoning that restricts development to Industrial Zone District • 2,000 foot setbacks with no exceptions • Setbacks from other building types (office, commercial, industrial, etc) Majority support restricting oil and gas within City conserved Natural Areas and Parks • Zoning that restricts development to Industrial Zone District Other Considerations • Setbacks from amenities in Natural Areas and Parks (trails, parking lots, recreation fields and recreational trails) • Setbacks from buildings of other land uses, including commercial, institutional, industrial. Oil and Gas Industry Input Adopt regulations that do not result in prohibiting new development • COGCC setback standards with opportunities for reduced setback through variance NEXT STEPS Staff will begin drafting local regulations based on feedback received by Council and through community engagement with the goal of protecting public health, safety, welfare, the environment and wildlife. An additional work session is recommended in Fall or Winter of 2021 to focus on developing regulations. This will require multi- agency coordination between Larimer County, CDPHE and the COGCC, as well as analysis of State rulemakings and additional community outreach. Potential elements to be explored include, but are not limited to: • Registration and permitting requirements; • Impact and maintenance fines and fees; • Requirements for existing facilities; • Reclamation requirements; • Financial securities and insurance; • Development review and approval process; • Environmental protection standards above state requirements; • Emergency Preparedness Plan requirements; and • Additional monitoring, testing and reporting requirements for air, water, odor. January 26, 2021 Page 6 Given the current uncertainty around public health guidelines and regulations related to COVID-19, staff will evaluate how to adapt to ensure meaningful community engagement. This may potentially affect the project schedule. Delays will be communicated to Council via memorandum. ATTACHMENTS 1. Workplan and Public Engagement Summary (PDF) 2. Maps of Regulatory Scenarios (PDF) 3. Public Input (PDF) 4. Our City Questionnaire Results (PDF) 5. Public Comments (PDF) 6. Superboard Meeting Questionnaire Results (PDF) 7. Powerpoint Presentation (PDF) ATTACHMENT 1 1 Environmental Services 222 Laporte Ave Fort Collins, CO 80522 970.221.6600 970.224.6177 - fax fcgov.com MEMORANDUM DATE: December 18, 2019 TO: Mayor and Councilmembers THRU: Darin Atteberry, City Manager Jeff Mihelich, Deputy City Manager Jacqueline Kozak-Thiel, Chief Sustainability Officer Lucinda Smith, Environmental Services Director FROM: Cassie Archuleta, Air Quality Program Manager SUBJECT: Oil and Gas - Air Quality Monitoring The purpose of this memorandum is to respond to a Council request during the December 3, 2019 regular meeting to provide information regarding local and regional air quality monitoring related to oil and gas operations. Bottom Line A number of local and regional air quality monitoring studies have been implemented in the region to better understand how oil and gas development contributes to emissions and air pollution. In Fort Collins, there have been small-scale monitoring efforts to better characterize emissions related to local operations, and efforts that have leveraged larger regional studies. Upcoming studies will provide more information and we are seeking opportunities to enhance monitoring through partnerships and grants. Air Quality Monitoring Studies Air Quality impacts are often cited as one of the highest priority concerns related to oil and gas development. While definitive health impact information is a continuing subject of interest and research, regulations in Colorado are continually evolving in response to best available information, including monitoring and health assessment studies. Some key local and regional oil and gas monitoring activities to date include:  In 2013, air sampling was performed in Fort Collins per the terms of the City’s Operator Agreement with Prospect Energy. Measurements indicated concentrations of oil and gas related air pollutants were lower in Fort Collins than near larger oil and gas fields in eastern Colorado.  In 2014, several large-scale studies were performed along the Front Range to better understand oil and gas contributions to ozone formation. In 2017, the City of Fort Collins leveraged this work by contracting with the National Center for Atmospheric Research (NCAR) to prepare a locally relevant assessment. This assessment indicated that oil and gas emissions, along with transportation sources, were the largest contributors to the region’s high ozone events.  In 2016, Colorado State University (CSU), in collaboration with the Colorado Department of Public Health and Environment (CDPHE) and several operators, completed a monitoring study that characterized emission rates from oil and gas operations along the northern Front Range. The lowest emission rates were measured during hydraulic fracturing operations, followed by production. The highest emissions rates were measured during DocuSign Envelope ID: C346291C-830F-45C7-BAFF-F4BF61AC44BC 2 flowback, which is a pre-production stage where the fracking fluid, produced water, oil, and natural gas flow up and out of the well before it is placed into production.  In 2017, the City, CSU and Prospect Energy collaborated on a sampling effort just outside City limits to characterize emissions during the hydraulic fracturing and flowback stages of a well recompletion. Measurements indicated that emissions were lower than other measurements along the Front Range, as characterized in the 2016 CSU study.  In 2019, the CDPHE released a health impacts study that used the 2016 CSU results. This study concluded that air emissions related to oil and gas development may cause short term negative health impacts (e.g., headaches; dizziness; respiratory, skin, and eye irritation) during “worst-case” conditions at up to 2,000 feet from operations.  Currently, Broomfield, Boulder County, and the City of Longmont are investing in sampling and analysis programs to further investigate local impacts related to oil and gas pollutants. Next Steps While there is little oil and gas development within Fort Collins city limits, there is urban development interest near existing wells and concern over possible air pollutant impacts. Some air quality monitoring has occurred related to local operations, and many of the regional air studies are locally relevant. For next steps, staff proposes to:  Leverage updated studies to further identify ozone reduction strategies that are most important to Larimer County and the City of Fort Collins. In 2020, the Regional Air Quality Council (RAQC) will update emissions profiles and ozone attribution summaries as part of efforts required by the EPA to meet federal standards for ozone.  Continue to participate in updated rulemaking regarding methane emissions from oil and gas. Currently, the State Air Quality Control Commission is conducting public hearings on new rules (to be completed in December 2019), and the City of Fort Collins has party status through the Colorado Communities for Climate Action (CC4CA), in accordance with the City approved CC4CA Policy Agenda.  Explore opportunities to enhance operator monitoring requirements, per new authorities granted under Senate Bill 181, for oil and gas related emissions. This may include targeted monitoring during stages of well completions and development expected to have the highest emissions (such as flowback), and monitoring for accidental spill and release indicators.  Seek grants and other funding opportunities to enhance and expand local monitoring networks, including increased use of particulate monitoring instrumentation that has become less expensive and more portable. cc: Caryn Champine, Planning, Development and Transportation Director Tom Leeson, Community Development and Neighborhood Services Director Kelly Smith, Senior Environmental Planner DocuSign Envelope ID: C346291C-830F-45C7-BAFF-F4BF61AC44BC 1 Community Development & Neighborhood Services 281 North College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 970.221.6750 970.224.6134 - fax fcgov.com/planning MEMORANDUM DATE: April 28, 2020 TO: Mayor and Councilmembers THRU: Darin Atteberry, City Manager Jeff Mihelich, Deputy City Manager Caryn Champine, Planning, Development and Transportation Director Tom Leeson, Community Development and Neighborhood Services Director FROM: Kelly Smith, Senior Environmental Planner SUBJECT: Oil and Gas – Status Update The purpose of this memorandum is to provide an update on the development of new oil and gas regulations at the State and local levels in response to authorities granted through Senate Bill 19- 181. BOTTOM LINE A Work session was scheduled for April 28, 2020 to discuss regulatory options for siting new oil and gas development within City limits. This W ork session was moved to the unscheduled agenda to accommodate topics related to COVID-19. The schedule change will not result in project impacts. At the time of the September 16, 2019 Oil and Gas Work session, a recompletion permit within City limits was under Colorado Oil and Gas Conservation Commission (COGCC) review. Since then, the operator has withdrawn the application. If development interests in City limits emerge, staff will know in advance of the state permitting process through preliminary inquiries regarding mineral resource pooling requirements. Should new development interest become known prior to the adoption of local regulations, staff will notify Council and provide timelines and level of urgency. BACKGROUND Mission Change Rulemaking Update On March 14, 2020, the COGCC released Draft Mission Change rules that provide a glimpse into how the COGCC is interpreting state requirements, and the division of local and state authorities. The schedule for the Mission Change rulemakings is pending, as the COGCC develops an approach to engage the public during safer-at-home restrictions. Staff is actively participating in the rulemaking process and has joined party status with the Alliance of Local Government Coalition that include Lafayette, Longmont, Broomfield and Boulder County. STATUS UPDATE The project team has facilitated multiple outreach opportunities using a variety of platforms to understand high level concerns and community preferences for regulating the siting of new oil and gas development. Staff collaborated with the City’s GIS Department to evaluate areas within the GMA that are currently vulnerable to oil and gas development using existing COGCC setbacks. Staff also applied more protective siting regulations, using setback distances and zoning, to determine how regulations would influence where oil and gas development could occur within the DocuSign Envelope ID: C0C6C599-70E1-415A-B1B9-85845D829717 2 community. Scenarios were presented to community members at public open houses and City board meetings. The Our City project website also featured open house materials and a questionnaire to broaden the community conversation. Over 250 community members participated in the process. Key preferences are listed below:  Prohibit oil and gas development on Natural Area properties (91%)  Develop more protective regulations than the state (92%)  Top 3 concerns: o Regional air quality o Localized air quality o Ecosystem, surface water and environmental impacts Community feedback has been collected through the following outreach activities:  Direct mailing to property owners within 2000 feet of existing active oil and gas wells, with information on the project, public open houses, city website, and CDPHE’s health study (500 letters mailed)  Interactive presentation at a Super Board Meeting held in February 2020 (over 50 attendees with 14 boards and commissions represented)  Online questionnaire to collect feedback on concerns and thoughts, as advertised through direct mailing, social media, news release, and Nextdoor website (180 completed responses to date)  Two interactive public open houses with Larimer County, CDPHE and operator in attendance to answer questions (50 attendees)  Presentations at Planning & Zoning Board, Natural Resources Advisory Board, and Air Quality Advisory Board Work sessions  Individual phone calls and emails to discuss questions and concerns as needed In addition to broad community outreach, staff also consulted with the following groups:  Colorado Oil and Gas Conservation Commission  Representative of Prospect Energy (local oil and gas operator)  Developer of the proposed Country Club Reserve residential project  Local Government Roundtable: 14 local jurisdictions meeting biweekly to discuss COGCC rulemakings  Colorado Department of Public Health and Environment  Larimer County Planning staff  Larimer County Department of Public Health  Representatives from the American Petroleum Institute (API) and Colorado Oil and Gas Association (COGA). NEXT STEPS Staff will continue to evaluate regulatory options and provide quarterly updates, pending additional opportunity for a future Work session. Given the current uncertainty around safer-at-home orders and social distancing related to COVID-19, staff will evaluate how to ensure continuous meaningful community engagement. cc: Jacqueline Kozak-Thiel, Chief Sustainability Officer Lucinda Smith, Environmental Services Director Cassie Archuleta, Air Quality Program Manager DocuSign Envelope ID: C0C6C599-70E1-415A-B1B9-85845D829717 1 Community Development & Neighborhood Services 281 North College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 970.221.6750 970.224.6134 - fax fcgov.com/planning MEMORANDUM DATE: December 15, 2020 TO: Mayor and Councilmembers THRU: Darin Atteberry, City Manager Kelly DiMartino, Deputy City Manager Caryn Champine, Planning, Development and Transportation Director Paul Sizemore, Interim Community Development and Neighborhood Services Deputy Director FROM: Kelly Smith, Senior Environmental Planner SUBJECT: Oil and Gas – State Rulemaking Update The purpose of this memorandum is to provide an update on City staff’s involvement in the Colorado Oil and Gas Conservation Commission (COGCC) rulemaking process, and next steps for development of local regulations. BOTTOM LINE On November 23, 2020, the COGCC adopted new comprehensive rules related to oil and gas operations. A City Council work session is scheduled for January 26, 2021 where staff will present regulatory options for siting new oil and gas development within city limits using recently adopted State regulations as a framework for baseline requirements. The COGCC is expected to initiate additional rulemakings in the future, including updates to financial assurances for leaks, spills and reclamation requirements. STATE RULEMAKING In Colorado, oil and gas operations are regulated by the COGCC, and air pollution associated with operations is regulated by the Air Quality Control Commission (AQCC). On April 16, 2019, the State adopted Senate Bill 19-181, which prompted the COGCC to initiate comprehensive oil and gas rulemakings. Staff actively participated in the rulemaking process by joining party status with the Affiliated Local Government Coalition (ALGC), which included the City and County of Broomfield, Boulder County, City of Lafayette, Town of Erie, City of Longmont, and the Northwest Colorado Council of Governments. The ALGC represented the largest party comprised of local governments and played a central role in influencing outcomes, particularly related to increased coordination and clearer defined authorities between local/State entities. During the rulemaking, the COGCC released five drafts of the 200-600 series and two drafts of the 800-1200 series. After the release of each draft, staff coordinated with the ALGC to provide verbal testimony, written testimony, redlines and responses to positions made by other parties. Below is a description of key high-level positions advocated by the ALGC (organized by rule) that were integrated into COGCC adopted rules: DocuSign Envelope ID: 6BAE31BE-A467-4B23-B415-BE7CC78FD0BD 2 Key ALGC Positions: 200 Series (General Provisions)  Require operators to ensure contractors and subcontractors comply with rules.  Engage local governments in investigations regarding non-compliance with COGCC rules and transfer of ownership 300 Series (Permitting Process)  COGCC sets minimum regulatory floor above which local governments can adopt more stringent regulations  Alternative Location Analysis (ALA) must include local governments during the analysis, and be triggered if the project is sited within 500 feet of an “area of concern” (e.g. floodplain)  Require operator to submit detailed data on potential human health impacts and air emissions  Require operator to submit Cumulative Impacts Plan with each application  Increased local consultation during the completion of Comprehensive Area Plans 400 Series (Operations and Reporting)  Statewide ban of toxic chemicals in hydraulic fracturing fluids  Continuous noise monitoring requirements for locations within 2,000 feet of a home  Increased submittal requirements for pre-production and production lighting plans 600 Series (Safety and Facility Operations Regulations)  Commission adopted a 2,000-foot setback from homes and high occupancy buildings (with waiver provisions) 1200 Series (Protection of Wildlife Resources)  Advocated for broader protections for different species and habitats. While not incorporating all of ALGC’s comments, the COGCC added a provision that allows Colorado Parks and W ildlife to recommend protections for additional species not mentioned in High Priority Habitats definition  Increased setbacks for streams  COGCC is creating a working group that City staff may join to define biological resources and help establish a compensatory mitigation approach LOCAL STATUS UPDATE Currently, there are 3 producing wells and a total of 10 active wells within City limits, with no pending applications for new development. In addition to State requirements, operational requirements for the City’s active wells are regulated through an Operator’s Agreement, which was adopted by Council in 2013 and will remain in effect until 2023. New residential development around existing wells is regulated by reciprocal setback provisions in the Land Use Code, which may need to change as a result of new State regulations. NEXT STEPS A Council Work Session is scheduled for January 26, 2021, where staff will present a summary of public outreach and seek direction regarding siting regulations for new oil and gas development. Following the Work Session, staff will return to Council with options related to local permitting, approval processes, and operational requirements. These options will be based on direction from Council, opportunities to strengthen State requirements, and additional public engagement. CC: Jacqueline Kozak-Thiel, Chief Sustainability Officer Lucinda Smith, Environmental Services Director Cassie Archuleta, Air Quality Program Manager DocuSign Envelope ID: 6BAE31BE-A467-4B23-B415-BE7CC78FD0BD !"`$!!!! I³S College AveS Timberline RdEMulberry S t S Shields StN Shields StCarpenter Rd W Willox Ln SLemay AveN College AveNHighway1S Taft Hill RdW Elizabeth St S Overland TrlW Horsetooth Rd W Harmony Rd W Mulberry St E Harmony Rd N GarfieldAveW C o u n t y Road 5 4 G E T r i l byRd E Prospect RdN Overland TrlZiegler RdLaporte Ave W Drake Rd E Lincoln Av e N Timberline RdRiv ersid e A veE Horsetooth Rd W Vine Dr E Douglas RdW Douglas Rd N Taft HillRdLindenmeier RdKechter Rd Country C l u b Rd SCente nnia l DrE Willox L n Turnberry RdEVineDr W Prospect Rd WCountyRoad38EMountain Vista Dr E Drake Rd Richards Lake R dTerryLakeRd W Trilby Rd Gr e g o r y R d Highway 392 N CountyRoad 11EStraussCabin RdN BoydLake Ave Rist C a n yonRd N CountyRoad 9S CountyRoad 9Giddings RdPotential Drilling Areas using Current COGCC Setbacks within City and GMA Available Drilling Areas Fort Collins Oil Field (source: COGCC) City Limits Growth Management Area (GMA) Unincorporated areas within GMA CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to the accuracy, timeliness, or completeness, and in particular, accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any user of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Excluded Areas: - 1000 ft outside of high occupancy buildings - 500 ft outside other buildings - 200 ft from roads and railroads - water bodies - 100-year floodplain Date Created: January 31, 2020 01234 Miles ATTACHMENT 2 !"`$!!!! I³S College AveS Timberline RdEMulberry S t S Shields StN Shields StCarpenter Rd W Willox Ln SLemay AveN College AveNHighway1S Taft Hill RdW Elizabeth St S Overland TrlW Horsetooth Rd W Harmony Rd W Mulberry St E Harmony Rd N GarfieldAveW C o u n t y Road 5 4 G E T r i l byRd E Prospect RdN Overland TrlZiegler RdLaporte Ave W Drake Rd E Lincoln Av e N Timberline RdRiv ersid e A veE Horsetooth Rd W Vine Dr E Douglas RdW Douglas Rd N Taft HillRdLindenmeier RdKechter Rd Country C l u b Rd SCente nnia l DrE Willox L n Turnberry RdEVineDr W Prospect Rd WCountyRoad38EMountain Vista Dr E Drake Rd Richards Lake R dTerryLakeRd W Trilby Rd Gr e g o r y R d Highway 392 N CountyRoad 11EStraussCabin RdN BoydLake Ave Rist C a n yonRd N CountyRoad 9S CountyRoad 9Giddings RdPotential Drilling Areas using 1000 ft Building Setback within City and GMA Available Drilling Areas Fort Collins Oil Field (source: COGCC) City Limits Growth Management Area (GMA) Unincorporated areas within GMA CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to the accuracy, timeliness, or completeness, and in particular, accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any user of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Excluded Areas: - 1000 ft outside of buildings - 200 ft from roads and railroads - water bodies - 100-year floodplain Date Created: January 31, 2020 01234 Miles !"`$!!!! I³S College AveS Timberline RdEMulberry S t S Shields StN Shields StCarpenter Rd W Willox Ln SLemay AveN College AveNHighway1S Taft Hill RdW Elizabeth St S Overland TrlW Horsetooth Rd W Harmony Rd W Mulberry St E Harmony Rd N GarfieldAveW C o u n t y Road 5 4 G E T r i l byRd E Prospect RdN Overland TrlZiegler RdLaporte Ave W Drake Rd E Lincoln Av e N Timberline RdRiv ersid e A veE Horsetooth Rd W Vine Dr E Douglas RdW Douglas Rd N Taft HillRdLindenmeier RdKechter Rd Country C l u b Rd SCente nnia l DrE Willox L n Turnberry RdEVineDr W Prospect Rd WCountyRoad38EMountain Vista Dr E Drake Rd Richards Lake R dTerryLakeRd W Trilby Rd Gr e g o r y R d Highway 392 N CountyRoad 11EStraussCabin RdN BoydLake Ave Rist C a n yonRd N CountyRoad 9S CountyRoad 9Giddings RdPotential Drilling Areas using 1500 ft Building Setback within City and GMA Available Drilling Areas Fort Collins Oil Field (source: COGCC) City Limits Growth Management Area (GMA) Unincorporated areas within GMA CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to the accuracy, timeliness, or completeness, and in particular, accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any user of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Excluded Areas: - 1500 ft outside of buildings - 200 ft from roads and railroads - water bodies - 100-year floodplain Date Created: January 31, 2020 01234 Miles !"`$!!!! I³S College AveS Timberline RdEMulberry S t S Shields StN Shields StCarpenter Rd W Willox Ln SLemay AveN College AveNHighway1S Taft Hill RdW Elizabeth St S Overland TrlW Horsetooth Rd W Harmony Rd W Mulberry St E Harmony Rd N GarfieldAveW C o u n t y Road 5 4 G E T r i l byRd E Prospect RdN Overland TrlZiegler RdLaporte Ave W Drake Rd E Lincoln Av e N Timberline RdRiv ersid e A veE Horsetooth Rd W Vine Dr E Douglas RdW Douglas Rd N Taft HillRdLindenmeier RdKechter Rd Country C l u b Rd SCente nnia l DrE Willox L n Turnberry RdEVineDr W Prospect Rd WCountyRoad38EMountain Vista Dr E Drake Rd Richards Lake R dTerryLakeRd W Trilby Rd Gr e g o r y R d Highway 392 N CountyRoad 11EStraussCabin RdN BoydLake Ave Rist C a n yonRd N CountyRoad 9S CountyRoad 9Giddings RdPotential Drilling Areas using 2000 ft Building Setback within City and GMA Available Drilling Areas Fort Collins Oil Field (source: COGCC) City Limits Growth Management Area (GMA) Unincorporated areas within GMA CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to the accuracy, timeliness, or completeness, and in particular, accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any user of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Excluded Areas: - 2000 ft outside of buildings - 200 ft from roads and railroads - water bodies - 100-year floodplain Date Created: January 31, 2020 01234 Miles !"`$!!!! I³S College AveS Timberline RdEMulberry S t S Shields StN Shields StCarpenter Rd W Willox Ln SLemay AveN College AveNHighway1S Taft Hill RdW Elizabeth St S Overland TrlW Horsetooth Rd W Harmony Rd W Mulberry St E Harmony Rd N GarfieldAveW C o u n t y Road 5 4 G E T r i l byRd E Prospect RdN Overland TrlZiegler RdLaporte Ave W Drake Rd E Lincoln Av e N Timberline RdRiv ersid e A veE Horsetooth Rd W Vine Dr E Douglas RdW Douglas Rd N Taft HillRdLindenmeier RdKechter Rd Country C l u b Rd SCente nnia l DrE Willox L n Turnberry RdEVineDr W Prospect Rd WCountyRoad38EMountain Vista Dr E Drake Rd Richards Lake R dTerryLakeRd W Trilby Rd Gr e g o r y R d Highway 392 N CountyRoad 11EStraussCabin RdN BoydLake Ave Rist C a n yonRd N CountyRoad 9S CountyRoad 9Giddings RdPotential Drilling Areas and Industrial Zones using Current COGCC Setbacks within City and GMA Available Land for Drilling within Industrial Zone City Zoning - Industrial Fort Collins Oil Field (source: COGCC) City Limits Growth Management Area (GMA) Unincorporated areas within GMA CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to the accuracy, timeliness, or completeness, and in particular, accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any user of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Excluded Areas: - 1000 ft outside of high occupancy buildings - 500 ft outside other buildings - 200 ft from roads and railroads - water bodies - 100-year floodplain Date Created: January 31, 2020 01234 Miles !"`$!!!! I³S College AveS Timberline RdEMulberry S t S Shields StN Shields StCarpenter Rd W Willox Ln SLemay AveN College AveNHighway1S Taft Hill RdW Elizabeth St S Overland TrlW Horsetooth Rd W Harmony Rd W Mulberry St E Harmony Rd N GarfieldAveW C o u n t y Road 5 4 G E T r i l byRd E Prospect RdN Overland TrlZiegler RdLaporte Ave W Drake Rd E Lincoln Av e N Timberline RdRiv ersid e A veE Horsetooth Rd W Vine Dr E Douglas RdW Douglas Rd N Taft HillRdLindenmeier RdKechter Rd Country C l u b Rd SCente nnia l DrE Willox L n Turnberry RdEVineDr W Prospect Rd WCountyRoad38EMountain Vista Dr E Drake Rd Richards Lake R dTerryLakeRd W Trilby Rd Gr e g o r y R d Highway 392 N CountyRoad 11EStraussCabin RdN BoydLake Ave Rist C a n yonRd N CountyRoad 9S CountyRoad 9Giddings RdPotential Drilling Areas and Industrial Zones using 1000 ft Building Setbacks within City and GMA Available Land for Drilling within Industrial Zone City Zoning - Industrial Fort Collins Oil Field (source: COGCC) City Limits Growth Management Area (GMA) Unincorporated areas within GMA CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to the accuracy, timeliness, or completeness, and in particular, accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any user of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Excluded Areas: - 1000 ft outside of buildings - 200 ft from roads and railroads - water bodies - 100-year floodplain Date Created: January 31, 2020 01234 Miles !"`$!!!! I³S College AveS Timberline RdEMulberry S t S Shields StN Shields StCarpenter Rd W Willox Ln SLemay AveN College AveNHighway1S Taft Hill RdW Elizabeth St S Overland TrlW Horsetooth Rd W Harmony Rd W Mulberry St E Harmony Rd N GarfieldAveW C o u n t y Road 5 4 G E T r i l byRd E Prospect RdN Overland TrlZiegler RdLaporte Ave W Drake Rd E Lincoln Av e N Timberline RdRiv ersid e A veE Horsetooth Rd W Vine Dr E Douglas RdW Douglas Rd N Taft HillRdLindenmeier RdKechter Rd Country C l u b Rd SCente nnia l DrE Willox L n Turnberry RdEVineDr W Prospect Rd WCountyRoad38EMountain Vista Dr E Drake Rd Richards Lake R dTerryLakeRd W Trilby Rd Gr e g o r y R d Highway 392 N CountyRoad 11EStraussCabin RdN BoydLake Ave Rist C a n yonRd N CountyRoad 9S CountyRoad 9Giddings RdPotential Drilling Areas and Industrial Zones using 1500 ft Building Setbacks within City and GMA Available Land for Drilling within Industrial Zone City Zoning - Industrial Fort Collins Oil Field (source: COGCC) City Limits Growth Management Area (GMA) Unincorporated areas within GMA CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to the accuracy, timeliness, or completeness, and in particular, accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any user of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Excluded Areas: - 1500 ft outside of buildings - 200 ft from roads and railroads - water bodies - 100-year floodplain Date Created: January 31, 2020 01234 Miles !"`$!!!! I³S College AveS Timberline RdEMulberry S t S Shields StN Shields StCarpenter Rd W Willox Ln SLemay AveN College AveNHighway1S Taft Hill RdW Elizabeth St S Overland TrlW Horsetooth Rd W Harmony Rd W Mulberry St E Harmony Rd N GarfieldAveW C o u n t y Road 5 4 G E T r i l byRd E Prospect RdN Overland TrlZiegler RdLaporte Ave W Drake Rd E Lincoln Av e N Timberline RdRiv ersid e A veE Horsetooth Rd W Vine Dr E Douglas RdW Douglas Rd N Taft HillRdLindenmeier RdKechter Rd Country C l u b Rd SCente nnia l DrE Willox L n Turnberry RdEVineDr W Prospect Rd WCountyRoad38EMountain Vista Dr E Drake Rd Richards Lake R dTerryLakeRd W Trilby Rd Gr e g o r y R d Highway 392 N CountyRoad 11EStraussCabin RdN BoydLake Ave Rist C a n yonRd N CountyRoad 9S CountyRoad 9Giddings RdAbsence of Potential Drilling Areas within Industrial Zones using 2000 ft Building Setbacks within City and GMA City Zoning - Industrial Fort Collins Oil Field (source: COGCC) City Limits Growth Management Area (GMA) Unincorporated areas within GMA CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to the accuracy, timeliness, or completeness, and in particular, accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any user of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Excluded Areas: - 2000 ft outside of buildings - 200 ft from roads and railroads - water bodies - 100-year floodplain Date Created: February 3, 2020 01234 Miles ATTACHMENT 2 PUBLIC ENGAGEMENT SUMMARY TABLE Group/Event Feedback Public Public Open Houses 03/2/2020, 3/2/2020 Online Questionnaire • No development in Natural Areas • No development in City limits • Biggest concerns: Climate Change, Air Quality Boards and Commissions Natural Resources Advisory Board 11/20/2019 • Supportive of aggressive timeline, and potentially a moratorium on new development • New regulations should prioritize environmental and economic safeguards so as to protect the health and welfare of current and future residents of Fort Collins SuperBoard Meeting (all Boards) 2/24/2020 • No development in Natural Areas • No development in City limits • Biggest concerns: Climate Change, Air Quality Land Conservation and Stewardship Board 8/12/2020 • Interested in protecting Natural Areas through buffering of property boundaries • Concerned over protecting Soapstone NA • Drafting a memo to City Council Planning and Zoning Board Work Session 8/14/2020 • Air quality (regional) is the biggest concern • Operational standards need to minimize impacts • Should limit development in Natural Areas • New regulation should consider potential future advances in technology that may make previously inaccessible mineral resources available Air Quality Advisory Board 12/21/2020 • Supported 2000’ setbacks, at minimum • Do not support exceptions to setback distances • Supportive of industrial zoning as tool to regulate surface locations • Concerned about potential development in GMA and in City owned natural areas. Industry/Other Chamber of Commerce 10/9/2020 • Interested in revenue projections and economic impacts of new regulations COGA and API • Supportive of reasonable local regulations • Concerned about regulations that effectively appear to ban additional development Current Operator • No interest in new well locations • Potential concerns about new regulations that inhibit operations at existing wells ATTACHMENT 3 Project Report 26 April 2017 - 30 December 2020 Our City Oil and Gas Regulations Highlights TOTAL VISITS 585 MAX VISITORS PER DAY 77 NEW REGISTRATI ONS 17 ENGAGED VISITORS 193 INFORMED VISITORS 257 AWARE VISITORS 422 Aware Participants 422 Aware Actions Performed Participants Visited a Project or Tool Page 422 Informed Participants 257 Informed Actions Performed Participants Viewed a video 0 Viewed a photo 0 Downloaded a document 17 Visited the Key Dates page 23 Visited an FAQ list Page 0 Visited Instagram Page 0 Visited Multiple Project Pages 82 Contributed to a tool (engaged)193 Engaged Participants 193 Engaged Actions Performed Registered Unverified Anonymous Contributed on Forums 25 0 0 Participated in Surveys 7 0 163 Contributed to Newsfeeds 0 0 0 Participated in Quick Polls 0 0 0 Posted on Guestbooks 0 0 0 Contributed to Stories 0 0 0 Asked Questions 0 0 0 Placed Pins on Places 0 0 0 Contributed to Ideas 0 0 0 Visitors Summary Pageviews Visitors Visits New Registrations 1 Jan '20 1 Jul '20 1 Jan '21 250 500 ATTACHMENT 4 Visitors 67 Contributors 25 CONTRIBUTIONS 92 04 March 20 Barbara Seckinger AGREES 4 DISAGRE ES 0 REPLIES 0 23 April 20 dowiatt AGREES 4 DISAGRE ES 0 REPLIES 0 25 April 20 TomRhodes2010 AGREES 4 DISAGRE ES 0 REPLIES 0 25 April 20 FredFortCollins AGREES 4 DISAGRE ES 0 REPLIES 0 Our City : Summary Report for 26 April 2017 to 30 December 2020 FORUM TOPIC Fort Collins Oil and Gas Regulations The last figures I read about air pollution in Fort Collins/Larimer County stated that 40 % is due to the oil and gas industry. This does not even address groundwater issues. Another 40% is due to vehicle emissions. Our air quality is of utmost concern to me as a person with asthma and chemical sensitivities. I literally become ill as well as have d ifficulty breathing on our poor air quality days. ANYTHING we can do to improve these statistics is essential to our quality of life, that of all living things and of the planet upon which we live. I urge the City of Fort Collins government to become aggre ssive in addressing regulation of the oil and gas industry as well as air quality in gene ral. As evidenced by other Northern Colorado Communities such as Windsor, Erie, Berth oud and Firestone, fracking and population centers do not mix. The level of toxic emis sions from fracking is hazardous to our health. There are numerous other health and safety concerns including explosions and other accidents, and ground water contamin ation. In addition, fracking is a huge eyesore and noise pollutant. Fort Collins resident s choose to live here because of the beautiful environment and open space for recrea tion. We do not want to see fracking wells in our view. Please consider a ban of all fra cking within city limits and in growth management areas. Please reinstate the moratorium on future Oil & Gas development as passed by the r eferendum in 2013. Senate Bill 19-181, passed last year, gives local governments th e authority to regulate O&G development within their borders. The 2013, a citizens ref erendum mandating a moratorium on O&G development passed by a noticeable mar gin. Although that moratorium was ultimately overturned by the courts, SB-181 has re newed the Fort Collins' municipal authority to reinstate the wishes expressed by a maj ority of our citizens. Please enact the moratorium as soon as possible. Why risk public health and potential remediation liability on tax payers for a failing ind ustry? Page 4 of 15 25 April 20 Obie AGREES 4 DISAGRE ES 0 REPLIES 0 25 April 20 steve10brink AGREES 3 DISAGRE ES 0 REPLIES 0 25 April 20 rcasey7 AGREES 2 DISAGRE ES 0 REPLIES 0 25 April 20 cowormman AGREES 2 DISAGRE ES 0 REPLIES 1 26 April 20 ChrisStockinger AGREES 2 DISAGRE ES 0 REPLIES 0 26 April 20 Kevin Cross AGREES 1 DISAGRE ES 0 REPLIES 0 Our City : Summary Report for 26 April 2017 to 30 December 2020 FORUM TOPIC Fort Collins Oil and Gas Regulations We need clean air and a safe environment in which to live. More development of oil a nd gas is contrary to both these objectives. We need a permanent ban on oil and gas development in the city. The city should seek to influence the county commissioners t o enact a ban. At a minimum we need to place a moratorium on permitting until the C OGCC releases its regulations. Real time air quality monitoring needs to be implemen ted and violations by existing wells needs to be responded to with significant penalties . I would prefer that the city re-enact a version of the five year moratorium on oil and ga s development. It is now obvious that in addition to the pollution caused by the interna l combustion engine there is also strong evidence that fracking is releasing tons of me thane gas into the atmosphere which accelerates global warming. We cannot afford t o do any more harm to our environment. I also would like to see the city reinstate the moratorium on future oil and gas develop ment as passed by the referendum in 2013. SB 181 provides ample legal power to th e city council to regulate oil and gas development within their borders. Barring a morat orium, the city should at least heed the latest scientific studies on what are safe setba cks from oil and gas sites, and adopt at least a 2500' setback from any property boun dary with human residents. Bottom line: this heavy industry should not be allowed her e. We don't need it for our economy, the world is currently awash in an oil glut, and th e city should recognize any drilling proposals for what they are: attempts to make a q uick buck at our's, and the planet's, expense. The city government we given clear direction from the engaged voter in 2013 despite multi-million dollar misinformation campaign from the tax payer subsidized industry. T hat has not changed just because the state supreme court said no. You are supposedly elected to represent the citizens of Fort Collins wishes only and their healt h and safety as well as took and oath to do so. Why do we have to continue to press f or you to do so? Please explain? Please reinstate the moratorium on future Oil & Gas development as passed by the r eferendum in 2013 and do everything to make this a permanent rule. Thinking 10, 20 or 50 years into the future it is clear that we need to do everything to protect yOUR children and their children from further damage of the very environment we depend o n to live. The latest price meltdown and the related background information shows aga in that the oil and gas industry is not sustainable on many levels. As a technologist I k now there are alternatives. Please do everything you can to protect this wonderful city that I have lived in for so long and live so close to (Loveland) from oil and gas related damage. Thank you. The City should reinstate the moratorium on oil and gas extraction put in place by the voters in 2013. The moratorium should stay in place until the Colorado Oil and Gas C onservation Commission completes the work it was mandated to do by the State Legi slature in 2019. Thanks. Page 5 of 15 26 April 20 LoriBrunswig AGREES 2 DISAGRE ES 0 REPLIES 0 26 April 20 LoriBrunswig AGREES 0 DISAGRE ES 0 REPLIES 0 26 April 20 lmet AGREES 2 DISAGRE ES 0 REPLIES 0 27 April 20 gmaxmar AGREES 3 DISAGRE ES 0 REPLIES 0 27 April 20 slpkt AGREES 3 DISAGRE ES 0 REPLIES 0 Our City : Summary Report for 26 April 2017 to 30 December 2020 FORUM TOPIC Fort Collins Oil and Gas Regulations The people spoke and they wanted a moratorium. We cannot increase the number of oil and gas facilities in the City of Fort Collins! Our air quality already suffers from the drifting of pollutants from the O&G facilities south and east of the City. When the City has the opportunity to opt out, DO IT! There is nothing to gain by allowing this pollutin g and dangerous industry inside the City of Fort Collins and our health will suffer with i t. It is sad it has come to this madness... Yes, why does the city continue to ask the same questions over again when clearly th e people do not want Oil and Gas in the City of Fort Collins? I am asking you to re-enact the moratorium on oil and gas development within city limi ts that that was passed by voter referendum in 2013. This is a critical time to make de cisions that protect our current health and safety but, more critically, the long-term hea lth and safety of our planet. Please make the decision with your children and grandchildren in mind. We must make decisions that are in line with giving them a pla net that is as livable as the one we were given. Let me first express my appreciation for the city's openness to public comment. I atten ded one of the open houses back in Feb? March ? (when life was still normal and we could meet one another in person). It was well prepared and informative and provided ample opportunity for citizen input. Thank you. As the city moves forward, I hope that you will keep AIR QUALITY front and center in your decision making process. The pe ople of Fort Collins have already clearly expressed their desire for a moratorium on oil and gas development. I would urge you, given the increased authority provided to local governing bodies by SB-181, to instate that moratorium on new permits until both state and city regulations are fully in place. I am requesting that the city re-enacts the moratorium on oil and gas development wit hin city limits that was passed by voter referendum in 2013. We are already facing un precedented times of climate crisis that we must act on. The Oil and Gas Industry is a major pollution-causing industry and is the reason for our terrible air quality here in N orthern Colorado. People, especially people in power have known for years that fracki ng is radioactive and extremely harmful to our health, air quality, water quality and over all health of the planet. This should be an easy decision to stop oil and gas devel opment within the city limits. Page 6 of 15 27 April 20 edbehan AGREES 4 DISAGRE ES 0 REPLIES 0 27 April 20 Rmh AGREES 2 DISAGRE ES 0 REPLIES 1 28 April 20 dd AGREES 3 DISAGRE ES 0 REPLIES 0 28 April 20 wsublette AGREES 3 DISAGRE ES 0 REPLIES 0 28 April 20 fingersfly AGREES 3 DISAGRE ES 0 REPLIES 0 Our City : Summary Report for 26 April 2017 to 30 December 2020 FORUM TOPIC Fort Collins Oil and Gas Regulations When my wife Pamela and I were planning on our return to Colorado for our retireme nt, we actually chose Fort Collins in no small part because of its attempt to put a mora torium on oil and gas activity, even if that effort was dashed by the State Supreme Co urt. Senate Bill 19-181 renders that court ruling moot, and we would be happy to see t he moratorium that voters had passed in 2013 re-instated. . . if not for five years, then certainly until such time as the State finishes their own rule making process. Having b een involved in the disappointing process of holding the County accountable for drafti ng meaningful oil and gas regulations, I would hope the City of Fort Collins will adopt f ar more stringent controls, guided by the process that the State is engaged in to ensu re the protection of health, safety, the environment, and wildlife in our fair city over the need to accommodate inappropriate industrial activity that the people clearly do not fa vor. Thank you. Yesterday, April 26, OILPRICE.com published the article "Big Oil's Dilemma: Cut Divid ends or Cut Operations." This article reported that Royal Dutch has postponed two lar ge oil and gas projects in the Gulf of Mexico and that in the last 10 days about 2,500 o il workers have been laid-off in Texas. This type of news added to the billions of dollars in debt that the oil industry already has indicates that the financial future of oil o perations, especially operations that are expensive like fracking, cannot be optimistic. That is, losses rather than profits are in the horizon of the oil industry. Hence, before a warding a permit to dig a well, the authorities should make sure that the financial condition of the applicant is good enough to assure that the taxpayer will not have to p ay for the costs caused by abandoned wells and abandoned equipment. I applaud the City Council members who voted to investigate the need for City Oil and Gas regulations and to seriously look into reinstating the moratorium on new well pads (passed by voter referendem, but previously struck down by CO Supreme Court ). The new state law, SB-181 reinstates community's rights to protect the health, safet y, welfare and environment OVER the wishes of the O&G industry. Please reinstate t he 5-year moratorium-- as voted in by over 55% of residents and please create protec tive regulations for the City of Fort Collins. The County regulations do not meet the spi rit of SB-181 and basically allow well pads anywhere within the county-- 100 year floodplains, less than the 1000-ft. setback if approved by the BOCC, etc. and allow gr eenfields, recompletions, EXCLUDED from the regulations. We need the City's protection and strong voice. I respectfully request the City to continue the moratorium until further inquiry is made as to the safety of any exploration or production in view of the respiratory illness of Co vid-19. Weld County has prolific oil and gas production and exploration and Weld Cou nty has a much greater Covid-19 incidence and death rate. Is there any correlation? S hould we wait to study this matter? Not only should we assure that an applicant has means, but bonding should be in escr ow so that a convenient bankruptcy can't remove obligation. Page 7 of 15 28 April 20 fingersfly AGREES 2 DISAGRE ES 0 REPLIES 0 28 April 20 Nancy York AGREES 2 DISAGRE ES 0 REPLIES 0 28 April 20 AndrewLOGIC AGREES 2 DISAGRE ES 0 REPLIES 0 Our City : Summary Report for 26 April 2017 to 30 December 2020 FORUM TOPIC Fort Collins Oil and Gas Regulations Because the city has few requests from drillers, I suggest a full-on ban rather than a moratorium. We have a proud reputation as a city brave enough to guard our natural capital and set example for fast pursuit of carbon neutrality. A ban fits that profile. We wouldn't be losing a huge revenue stream, AND we'd save by not having to revisit the issue of whether or not to release a moratorium in the future. Also, it could help the fig ht for cleaner air at the county level because drillers could not extend horizontally und er city property from just outside city limits. Circumstances, political precedent and th e stated goals of our city make a ban logical. We really have not much to lose and eve rything to guard. Scientists warned in 2018 that we have 12 years to make massive and unprecedented reductions in fossil fuel use in an effort to limit the consequences of th e climate crisis - extreme heat, droughts, food shortages, rising sea level forcing climate migration and poverty. That UN report leaves the City of Fort Collins no choice but to reject oil & gas development unless you don’t believe in science. Study after study attributes serious health consequences to air pollution associated with frac king sites. A city, which has been out of compliance to federal regulations for ozone f or years, has no choice but to deny O&G development if they value the well-being of t heir constituents. And then there is water, an essential resource upon which all of life depends. The median volume of water consumed is 1.5 million gallons per well, accor ding to the EPA . Water which is made toxic in the process. In my opinion it would be a fool’s choice to approve O&G development. I strongly encourage the City of Fort Collins to extend its moratorium on oil and gas d evelopment within city limits and develop its own oil and gas regulations to protect its residents. While I am not a resident of Fort Collins, the League of Oil and Gas Impact ed Coloradans has worked closely with a number of Fort Collins residents on the Lari mer County regulatory revision process, and will continue to do so with the City of For t Collins process. Extending the City's moratorium is an essential first step, and well w ithin the City's authority. A local government may enact a moratorium as long as it is f or a well defined public purpose (protecting residents) and is not for an indefinite perio d of time. Enacting good regulations takes time, and we must make sure that the resid ents of Fort Collins are protected from any potential adverse impacts from oil and gas operations during this development period. Removing the threat of impending development will also ensure that the regulatory process is not rushed, and that the Ci ty will be able to adopt well reasoned, defensible regulations. The need for these regu lations is now more serious than ever. Unfortunately, Larimer County has enacted a s et of weak, unprotective regulations that riddled with loopholes and permissive langua ge that put oil and gas operators ahead of public health, safety, and welfare, the envir onment, and wildlife resources. It is now up to the City to make sure that its residents are prioritized over the profits of oil and gas companies. I strongly encourage you to w ork with your residents to enact the strongest regulations possible to ensure that the h ealth and safety of Fort Collins is protected. Page 8 of 15 Visitors 212 Contributors 170 CONTRIBUTIONS 174 Our City : Summary Report for 26 April 2017 to 30 December 2020 ENGAGEMENT TOOL: SURVEY TOOL Oil and Gas Questionnaire Are you a city of Fort Collins resident? 147 (84.5%) 147 (84.5%) 27 (15.5%) 27 (15.5%) Yes No Question options Page 9 of 15 Optional question (174 response(s), 0 skipped) Question type: Radio Button Question Our City : Summary Report for 26 April 2017 to 30 December 2020 How concerned are you about existing oil and gas development in Fort Collins? 10 (5.8%) 10 (5.8%) 24 (14.0%) 24 (14.0%) 46 (26.7%) 46 (26.7%) 90 (52.3%) 90 (52.3%) 2 (1.2%) 2 (1.2%) Not at all concerned Somewhat concerned Very concerned Extremely concerned I don't know Question options Page 10 of 15 Optional question (172 response(s), 2 skipped) Question type: Radio Button Question Our City : Summary Report for 26 April 2017 to 30 December 2020 How concerned are you about new oil and gas development in Fort Collins? 10 (5.8%) 10 (5.8%) 8 (4.7%) 8 (4.7%) 29 (16.9%) 29 (16.9%) 125 (72.7%) 125 (72.7%) Not at all concerned Somewhat concerned Very concerned Extremely concerned Question options Page 11 of 15 Optional question (172 response(s), 2 skipped) Question type: Radio Button Question Our City : Summary Report for 26 April 2017 to 30 December 2020 What are your biggest concerns when it comes to oil and gas facilities in Fort Collins (check top 5)? 121 121 120 120 20 20 127 127 126 126 15 15 70 70 47 47 34 34 102 102 5 5 9 9 Regional Air Quality Localized Air Quality (e.g., odor, dust, pollutants)Noise Water Quality (subsurface) Ecosystem, Surface Water and Wildlife impacts Traffic Emergency response (e.g., spills, leaks) Flowlines/pipelines Property value impacts Climate change impacts None Other (please specify) Question options 10 20 30 40 50 60 70 80 90 100 110 120 130 140 Page 12 of 15 Optional question (172 response(s), 2 skipped) Question type: Checkbox Question Our City : Summary Report for 26 April 2017 to 30 December 2020 To what extent do you agree with each of the following statements? 9 9 144 144 22 22 7 7 123 123 5 5 6 6 30 30 10 10 18 18 3 3 38 38 3 3 4 4 8 8 3 3 36 36 20 20 7 7 150 150 16 16 44 44 131 131 20 20 2 2 1 1 No idea Definitely disagree Somewhat disagree Neither agree nor disagree Somewhat agree Definitely agree Question options 50 100 150 200 • The oil and gas industry is already regulat... • Fort Collins should adopt regulations that ... • Oil and gas is an important industry and ec... • The oil and gas industry is safe and reliab... • The negative environmental and health impac... Page 13 of 15 Optional question (172 response(s), 2 skipped) Question type: Likert Question Our City : Summary Report for 26 April 2017 to 30 December 2020 What is your preference for how the City should regulate the location of new oil and gas facilities? Select all that apply: 13 13 81 81 35 35 143 143 2 2 I don't know Do not permit new oil and gas development within Fort Collins City limits Restrict oil and gas development to heavy industrial areas only Develop local regulations that increase State setback distance standards Rely on State setback standards to determine oil and gas locations Question options 20 40 60 80 100 120 140 160 Page 14 of 15 Optional question (172 response(s), 2 skipped) Question type: Checkbox Question Our City : Summary Report for 26 April 2017 to 30 December 2020 How should oil and gas development be regulated on City-owned conserved properties (e.g., Soapstone Prairie Natural Area, Maxwell Ranch, natural areas within city limits). Select all that apply: 154 154 9 9 9 9 4 4 None of the above Follow State recommendations and standards for approval of new wells on City-owned conserved properties Permit new wells on City-owned properties provided the development would not result in adverse impacts to wildlife and the environment New wells should not be permitted on any City-owned conserved properties Question options 20 40 60 80 100 120 140 160 180 Page 15 of 15 Optional question (171 response(s), 3 skipped) Question type: Checkbox Question 1 Kelly Smith From:Dylan Clear <advodylan@gmail.com> Sent:Monday, March 2, 2020 5:00 PM To:Cassie Archuleta Cc:Kelly Smith Subject:Re: City of Fort Collins website - Oil and Gas Regulations Thanks Cassie. I appreciate the fast reply and correction about the old permits using conventional development. I think  the larger concern for citizens and local officials is unconventional drilling, using fracking and long horizontals, moving  West from the East. These technologies bring a host of human, environmental, and quality of life risks that are  incompatible with Fort Collins.      Now is the time to draw that line with prohibitive city regs.     Best,  Dylan      ATTACHMENT 5 2           On Mar 2, 2020, at 12:48 PM, Cassie Archuleta <carchuleta@fcgov.com> wrote:    Hi Dylan‐     Really appreciate this feedback!  Current operations in Fort Collins are a lot different than some of the  activity west of us, as we only have one active field, and it is conventional development – which most of  the time looks like the pump jack at our active wells.  I hear your point about what the larger well pad  and storage sites can look like, and we’ll look for some ways to also set that context.     Also, thanks for the note about mentioning the hydraulic fracturing process.  Most of the process  descriptions regarding current operations are on this page:https://www.fcgov.com/oilandgas/, and I will  look for a  place to add some relevant information about fracking and other development processes.     Thanks,  Cassie           . . . . . . . . . . . . . . . CASSIE ARCHULETA Air Quality Program Manager  City of Fort Collins  970-416-2648 office     3 From: Dylan Clear <advodylan@gmail.com>   Sent: Sunday, March 1, 2020 3:17 PM  To: Kelly Smith <ksmith@fcgov.com>; Cassie Archuleta <carchuleta@fcgov.com>  Subject: City of Fort Collins website ‐ Oil and Gas Regulations     Hello,      The photo of the old pump jack with the pretty sunset in the background,  on https://ourcity.fcgov.com/oil‐and‐gas‐regulations, is of conventional oil production, and is misleading  to Fort Collins citizens. The only feasible way to drill for oil and gas in areas like Fort Collins is using the  combination of hydraulic fracturing and horizontal drilling, targeting the shale thousands of feet  beneath us. The word fracking is not mentioned anywhere on the page or the survey.      Here’s what a finished site looks like in North Fort Collins:     <image001.png>        Here’s some real photos of sites from Windsor/Timnath/Greeley:        <image002.jpg>     <image003.jpg>  <image004.jpg>        <image005.jpg>     And here’s freely reusable online photos that show what it looks like, above‐ground, before completion.      https://pixabay.com/photos/hydraulic‐fracturing‐shale‐gas‐863206/     https://en.wikipedia.org/wiki/Hydraulic_fracturing     Any of these photos would give citizens a better idea visually of what they are signing up for with  fracking in Fort Collins.     Thank you,     Dylan Clear  Fort Collins resident and parent    This is intended as comment as Fort Collins begins to deal with the re-write of its oil and gas regulations. Specifically, the comments pertain to the need for local governments, in this case, Fort Collins, to include the siting of oil and natural gas gathering lines in their regulations. By means of introduction, my name is Josh Joswick; my background is that I have worked for roughly 30 years as a private citizen, mayor of Bayfield, CO, three term La Plata County commissioner, and community organizer for the San Juan Citizens Alliance and the Earthworks Oil and Gas Accountability Project, in an effort to hold the oil and gas industry accountable for its impacts to communities and their residents. Recently, I have been giving presentations to Front Range local governments and citizens’ groups on the need for local governments to become involved in the siting of gathering lines. . Background : In general, distinction should be made between commercial/retail lines and production lines. Commercial/retail lines are usually smaller, lower pressure lines that move gas to structures to be used by consumers, and these are regulated by the Colorado Public Utilities Commission (COPUC). These comments do not pertain to commercial lines. Production lines are lines that move product from the well to market; and there are essentially 3 kinds of production lines: transmission, flow, and gathering lines.  Transmission lines are large, high pressure lines, usually interstate and regulated by the Pipeline Hazardous Materials Safety Administration, a federal agency.  Flowlines are smaller, lower pressure lines regulated by the Colorado Oil and Gas Conservation Commission.  Gathering lines fall between these two in size and pressure. While there are aspects of their installation that are regulated (how they are installed), their siting (where they are installed) is not regulated by any state or federal agency. And this lack of regulatory oversight over the siting of gathering lines is where local governments must come in to fill the regulatory gap. By their nature, pipelines experience failure events. If failure events are seen as infrequent, they must also be seen for the potentially serious consequences that may significantly impact the general public. Failure events create areas of impact. In the case of oil lines, that means spills; in the case of natural gas lines, that means explosions. It is these impact areas (especially if they are in what would be considered High Consequence Areas, that is, areas of significant population densities) that are critical for local governments to be aware of and base their actions on. Actions: Where this is leading is local governments’ need to do two things: 1. Get full disclosure from operators on the location of existing gathering lines; 2. Establish a permitting process for the placement of proposed gathering lines. For existing lines, local governments need to know:  Location and depth  Age  Content and Daily Flow Rate  Size  Pressure  Estimated worst case scenario for spill or explosion This is information the pipeline operator will have readily available and should be required to disclose to the community. For proposed gathering lines, local governments need to establish a permitting process through which operators would have to go in order to get local government approval to put in a line. Local governments need to know:  The same things as are listed above for existing lines, most especially where the line will be, its size, and the pressure under which it will be operating. With this information, local governments can then determine the adequacy of proposed locations by determining the size of the impact area a failure event would create. In other words, local governments should assess if the distance (setbacks) of the proposed line from structures and infrastructure is adequate for public safety. There are ways to make that assessment. In the case of natural gas lines, these distances or setbacks can be determined by application of the industry-accepted equation found in the Gas Research Institute (GRI) Report 00/0189 A Model For Sizing High Consequence Areas Associated with Natural Gas Pipelines. The report describes itself as “A simple and defendable approach to sizing the ground area potentially affected by a worst-case ignited rupture of a high- pressure natural gas pipeline.” The diameter and operating pressure of a pipeline are put into the equation and the size of the affected area, in the event of a credible worse-case failure event, is determined. Application of this formula will tell the permitting agency if the proposed pipeline location is safe. There are local governments that are, on some level, already doing this, and have not been challenged in court by the industry. And with SB 181 now giving local governments the ability to more fully regulate oil and gas development in their jurisdictions, there is no legal obstacle to putting a permitting process for the siting of gathering lines in place. This is a matter of public safety, and the information and process described herein increase the safety of the residents of Larimer County. Thank you for affording me the opportunity to comment of Larimer County’s draft regulations. If you have any questions, need anything clarified, or would like to have a presentation to staff of what I discuss in this comment document, please do not hesitate to contact me. Josh Joswick josh_joswick2004@yahoo.com 970-903-0876 From:Cassie Archuleta To:Kelly Smith Subject:FW: Support a moratorium on oil and gas development Date:Friday, August 30, 2019 4:49:02 PM . . . . . . . . . . . . . . . CASSIE ARCHULETA Air Quality Program Manager City of Fort Collins 970-416-2648 office From: Jacqueline Kozak-Thiel <jkozak-thiel@fcgov.com> Sent: Wednesday, August 28, 2019 10:20 PM To: Lindsay Ex <lex@fcgov.com>; Cassie Archuleta <carchuleta@fcgov.com> Subject: Fwd: Support a moratorium on oil and gas development Sent from my iPhone Begin forwarded message: From: Barbara Gotshall <bhgotshall@gmail.com> Date: August 28, 2019 at 7:46:36 PM MDT To: cityleaders@fcgov.com Subject: Support a moratorium on oil and gas development Dear City Leaders, Please pass a resolution to support a moratorium on oil and gas development as the county task force (and other citizen groups) iron out regulations that will meet the goals of the new Colorado law that prioritizes health, safety, and the environment regarding the oil and gas industry. Thank you. Barbara Gotshall Fort Collins, 80526 1 Kelly Smith From:Jacqueline Kozak-Thiel Sent:Sunday, September 1, 2019 9:20 PM To:Cassie Archuleta; Kelly Smith Subject:Fwd: Local oil and gas regulations Attachments:Prospect Energy MSSU 30-08 Consultation 040819.pdf; ATT00001.htm; C__181_enr.txt.pdf; ATT00002.htm; Fort Collins Drilling Applications.docx; ATT00003.htm Just FYI   Sent from my iPhone    Begin forwarded message:  From: "Karen Artell" <k_artell@msn.com>  To: "City Leaders" <CityLeaders@fcgov.com>  Subject: Local oil and gas regulations  Hello Mayor and City Council Members    Your 6 month planning calendar topics for 9/17/2019 include a presentation by  staff  regarding Oil and Gas Operations‐Overview and Options ‐ Provide updates regarding oil  and gas operations, and seek direction regarding potential regulatory options to consider in the  context of new land use authority granted by the State SB 181.       Thank you for prioritizing oil and gas operations.     City staff are much more knowledgeable than I about oil and gas operations. I'll try and listen in  to their presentation.     I'm forwarding my previous email asking that the City update it's oil and gas regulations to be  inline with SB 181. At this point, I also ask that the City not approve any oil and gas operations  until updated City regulations are in place. With SB 181 legislation, local governments have  much more authority. Both the State and local governments are given the authority to  prioritize public health, safety, welfare and the environment.     As you know, the City's and the northern front range's air quality is compromised by oil and gas  emissions. Emissions are carried on prevailing winds form the east, Weld County, to the foothills  causing high ozone days during the summer months. Anything the City can do to decrease oil  and gas emissions from operations within it's boundaries would be beneficial. Working with Weld  County and Larimer County to decrease emissions would  improve the City's air quality.     Prospect Energy's 3 Form 2 re‐completion applications, while not Form 2A location applications,  are very concerning. As with my previous email, I have attached CDPHE's concerns and  recommendations for Prospect Energy's MSSU 30‐08 application. I also attached maps from the  COGCC web site and Google Maps to illustrate how close the 3 sites are to the Hearthfire  2 neighborhood, lakes and reservoirs and irrigation ditches. I'm hoping the City does all it can to  protect this neighborhood and the area's air and water quality.     I've linked some resources you may find helpful to making decisions about oil and gas operations  in the City.     Final Report for: Monitoring network assessment for the City of Fort Collins, July 2017.  National Center  for Atmospheric Research (NCAR), Atmospheric Chemistry Observations and Modeling Laboratory  (ACOM).   Contains an explanation of ozone formation and monitoring and recommendations for the City.   https://www.fcgov.com/airquality/pdf/20170731_NCARAssessment_Final.pdf?1526312514    This recent article provides some background you may find helpful.  https://www.boulderweekly.com/news/oil‐industry‐exemptions‐may‐doom‐epa‐efforts‐to‐ improve‐front‐range‐air‐quality/    Thank you for your consideration.       From: Karen Artell  Sent: Monday, June 24, 2019 8:28 AM  To: cityleaders@fcgov.com <cityleaders@fcgov.com>  Subject: Local oil and gas regulations      Hello Mayor and City Council Members    I'm writing to implore the City to update its oil and gas regulations. The current regulations are  based on COGCC regulations that controlled where oil and gas operations could be sited. SB 181  now allows local governments to regulate oil and gas operations siting along with other related  land use issues. COGCC rule making is in flux and reportedly may not be complete for at 2 years  making it all the more important that Fort Collins have comprehensive updated oil and gas  regulations to protect City residents and our environment. Please see attached SB 181.    Note also that Prospect Energy has applications in for 3 recompletions. Please see attached  recommendations from CDPHE and COGCC for one of the applications. Can Fort Collins enforce  these recommendations without updated oil and gas regulations?     What about City owned land north of Fort Collins ‐ Soapstone Prairie and Meadow Springs  Ranch. Would City regulations apply to and help protect these areas if applications were  submitted?   See Colorado: Mountains to Plains Energy by Design  https://www.conservationgateway.org/Files/Pages/m2penergybydesign.aspx     Here's a list from SB 181 of topics local governments can regulate:  Land use   Location and siting of oil gas facilities and oil gas locations  Impacts to public facilities and services  Water quality and source  Noise  3 Vibrations  Odor  Light  Dust  Air emissions and air quality  Land disturbances  Reclamation procedures  Cultural resources  Emergency preparedness and coordination with first responders  Security   Traffic and transportation impacts  Financial securities  Indemnification  Insurance  All other nuisance type effects of oil and gas development  Protection of environment  Inspect all facilities  Impose fines for leaks, spills and emissions  Impose fees    Thank you for your consideration. Please note I write as a private citizen and am not  representing the Air Quality Advisory Board.      1 Kelly Smith From:Jacqueline Kozak-Thiel Sent:Saturday, November 9, 2019 7:17 AM To:Lucinda Smith; Cassie Archuleta; Kelly Smith Subject:Fwd: air quality in Ft Collins and Larimer County FYI   Sent from my iPhone    Begin forwarded message:  From: Doug Henderson <dhender@gmail.com>  Date: November 9, 2019 at 1:57:01 AM MST  To: Larimer Alliance for Health & Safety <larimer‐alliance@googlegroups.com>, PiCA Air Quality group  <pica‐aq‐wg@googlegroups.com>, City Leaders <CityLeaders@fcgov.com>, Larimer Co Board of  Commissioners <bocc@larimer.org>, Sierra Club PCG Core <RMC‐PCG‐CORE@LISTS.SIERRACLUB.ORG>  Subject: air quality in Ft Collins and Larimer County   This is relevant to air quality in Ft Collins and Larimer County ‐‐     https://www.dailycamera.com/2019/11/07/opinion‐harv‐teitelbaum‐weld‐county‐ commissioners‐are‐ wrong/?fbclid=IwAR0BRYcEO6ddafDa4qqSLdAnpzj6ry1Z5R_EMZqyyROA2ezwEgh0FJb_C bc  Opinion: Harv Teitelbaum: Weld County commissioners are wrong November 8, 2019 at 12:49 pm By Harv Teitelbaum In a Guest Commentary on Oct. 20, Barbara Kirkmeyer and her fellow Weld County Commissioners responded defensively to Andrew O’Connor’s letter (‘Boulder County must sue Weld County’) about the health impacts imposed on citizens from oil and gas-produced pollution in Weld County and exported across its borders to Boulder County. The industry’s emissions of methane, volatile organic compounds (VOC’s), nitrogen oxides, and other pollutants have been increasingly 2 recognized as major sources of the deteriorating air quality along Colorado’s Front Range. While Kirkmeyer touts some cherry-picked county health conditions (but not infant mortality, which in Weld has risen to about twice that of surrounding counties, in spite of decreasing poverty levels), over 1,000 peer-reviewed studies referenced in the “Compendium of Scientific, Medical, and Media Findings Demonstrating Risks and Harms of Fracking, 5th Edition” attest to a multitude of health impacts, ranging from rashes to respiratory illnesses to cancers and childhood leukemia. Her suggestion that most of Colorado’s ozone problem originate from outside is simply wrong. Communities such as Cheyenne, Pueblo, Colorado Springs, and Grand Junction do not experience the same exceedances of EPA’s 70 ppb ozone health standard. So, where is Boulder’s high ozone coming from? The ozone and particulates we breathe are among the most damaging of air pollutants. The unique topography of Colorado’s Front Range causes air circulation where the predominant flow is east-to-west during the day, and the reverse at night. This places Boulder and Larimer counties downwind of Weld during the day. Weld County’s polluted air then backs up against the mountain slopes, resulting in the worst air pollution for communities such as Boulder, Longmont, Loveland, and Ft. Collins. According to an NCAR report, while transportation and oil/gas operations each contribute about 30-40% on average to regional ozone, oil/gas operations are the primary driver of non-compliance ozone days north of Denver, while transportation emissions have higher importance to the south. This accords with the fact that Weld County has over 20,000 oil and gas wells, not just the highest number in the state, but the highest number of any county in the US. Not surprisingly therefore, according to data from CDPHE and NOAA, there is a far greater probability that air blown in from the east of Boulder, from places such as Platteville and elsewhere in Weld, rather than air from Denver and all other directions, is responsible for ozone non- compliance days. 3 NOAA and CU data show that VOC emissions from Weld County’s oil and gas operations are more than 10X those from all cars in Colorado. Over one year, these VOCs would fill a large oil tanker. Emissions of benzene alone, a VOC that is carcinogenic at even low concentrations, would fill 22 full size tanker trucks, according to CU researchers. In December 2017, at the Boulder Reservoir, benzene was measured at 10X its usual background in a plume that had passed by a well site in Windsor app. 10 hours before that site exploded and burned. Those measurements were taken some 35 miles downwind. We’ll never know how much higher the benzene levels were between Windsor and downwind communities closer to the site, such as Fort Collins, Loveland and Longmont. But we do know from the data taken at the Boulder Reservoir that such incidents of venting toxic emissions are much more common than realized or reported. A recent EPA study concluded that at current emission rates and projected industry growth, by 2025, 70 Coloradans will die each year from air pollutants spewed into the air by Colorado’s oil and gas industry. Many more will become sick from respiratory illnesses. Children, elderly, and people with pre-existing conditions are at highest risk. That’s 70 people who will die every year for the revenues and expediences of an industry and its backing politicians who refuse to accept any responsibility for its toxic emissions. Boulder County citizens should reasonably expect the Weld Commissioners to at least acknowledge the science and the impact that its oil and gas industry has within and across its borders, and to take a stand in protecting the health and safety of their constituents and residents of neighboring counties. We all want to be good neighbors. Dismissing the impacts of Weld’s oil and gas industry on the Front Range’s dirty air and the health of Coloradans, while attacking those who seek solutions and a better future, will not accomplish this goal. Harv Teitelbaum leads the Beyond Oil and Gas Campaign for Sierra Club Colorado.   1 Kelly Smith From:Carrie Daggett Sent:Tuesday, January 14, 2020 11:58 AM To:Brad Yatabe; Judy Schmidt; Cyril Vidergar; Kevin Gertig; Cassie Archuleta; Lucinda Smith; Kelly Smith Subject:FW: King Operating I’m forwarding this fyi.  ~C    From: Karen Artell <K_ARTELL@msn.com>   Sent: Tuesday, January 14, 2020 11:51 AM  To: City Leaders <CityLeaders@fcgov.com>  Subject: King Operating    Hello    I'm sure you are aware that King Operating has approached PRPA about oil and gas drilling under and near the  Rawhide Plant.   See starting at page 47 at this link  https://www.prpa.org/wp‐content/uploads/2019/07/07.25.2019‐Platte‐ River‐Board‐of‐Director‐packet‐ELECTRONIC.pdf    "Although Platte River owns all of the surface rights to the Rawhide Energy Station property, Platte River only  has partial mineral rights ownership, with others also holding partial ownership of the mineral rights to this  property. King Operating Corporation (“King”), a Texas based oil and gas company, approached   Platte River to perform oil and gas exploration on the Rawhide property on behalf of a number of mineral  rights holders. Platte River has granted King a permit to conduct a seismic survey designed for oil and gas  exploration, which was completed in March 2019. King has notified Platte River that it is in the planning stages  for wells to extract oil and gas from reservoirs underneath the Rawhide property. King has also approached  Platte River regarding a potential lease of Platte River’s mineral rights. Platte River will be coordinating with  King regarding its extraction plans and will be considering the terms of a mineral rights lease. The lease may  provide Platte River with additional control of King’s oil and gas extraction activities that occur near the  Rawhide Energy Station."    King Operating web site https://kingoperating.com/  The company plans to lease up to 40,000 adjacent acres, or 62.5 square miles/sections in Larimer County.  "King’s business model specializes in strategically acquiring oil and gas projects to further develop, divest and  maximize investor returns."  "Within two to five years, we plan to prove the field’s value through either further development or sell to a  public company to maximize profits.*"  The company drills and then leaves the burden for others all for their profit.     When you think of all the care the City took  for the path of a transmission line from the wind project in  Wyoming  ‐ the study of wildlife issues, public meetings and input but  now have the possibility of fracking  with PRPA/Fort Collins being surface owners and, at least in part, mineral owners.    2 I've emailed previously with concerns about the possibility of fracking in this area and feel like my concerns  were not taken seriously.     This was one of my questions regarding the development of oil and gas regualtions:  What about City owned land north of Fort Collins ‐ Soapstone Prairie and Meadow Springs Ranch. Would City  regulations apply to and help protect these areas if applications were submitted?   See Colorado: Mountains to Plains Energy by Design  https://www.conservationgateway.org/Files/Pages/m2penergybydesign.aspx   Colorado: Mountains to Plains Energy by Design Based on The Nature Conservancy’s Development by Design methodology, this report identifies priority biological, cultural, scenic, and recreational resource values within 60,000 acres in northeastern Colorado and recommends strategies to avoid, minimize, and offset the potential impacts of oil and gas development to these values. It provides an example of collaborative energy planning ... www.conservationgateway.org     1 Kelly Smith From:Cassie Archuleta Sent:Friday, August 30, 2019 4:49 PM To:Kelly Smith Subject:FW: Oil and Gas permits     . . . . . . . . . . . . . . . CASSIE ARCHULETA Air Quality Program Manager City of Fort Collins  970-416-2648 office    From: Jacqueline Kozak‐Thiel <jkozak‐thiel@fcgov.com>   Sent: Wednesday, August 28, 2019 11:03 PM  To: Lindsay Ex <lex@fcgov.com>; Cassie Archuleta <carchuleta@fcgov.com>  Subject: Fwd: Oil and Gas permits      Sent from my iPhone    Begin forwarded message:  From: Psyche Spangler <psychespangler@gmail.com>  Date: August 28, 2019 at 10:58:59 PM MDT  To: cityleaders@fcgov.com  Subject: Oil and Gas permits  I believe our city of Fort Collins should support an oil and gas permit moratorium until the State of  Colorado completes its new regulations. As the largest city in Larimer county it is important that we  should set the example for our entire county. Thank you for considering this measure.    Psyche Spangler  1 Kelly Smith From:Cassie Archuleta Sent:Friday, August 30, 2019 4:49 PM To:Kelly Smith Subject:FW: New oil and gas drilling     . . . . . . . . . . . . . . . CASSIE ARCHULETA Air Quality Program Manager City of Fort Collins  970-416-2648 office    From: Jacqueline Kozak‐Thiel <jkozak‐thiel@fcgov.com>   Sent: Tuesday, August 27, 2019 10:41 PM  To: Cassie Archuleta <carchuleta@fcgov.com>; Lindsay Ex <lex@fcgov.com>  Subject: Fwd: New oil and gas drilling      Sent from my iPhone    Begin forwarded message:  From: Dolores Williams <tinytornado@mac.com>  Date: August 27, 2019 at 9:44:34 PM MDT  To: City <cityleaders@fcgov.com>  Subject: New oil and gas drilling  Now that county government is responsible for assuring that oil/gas development adheres to health  considerations of its residents, please institute a moratorium on new oil/gas permits until the State has  studies and recommended siting restrictions.    Consideration to the fact that a Larimer committee feels that it is over‐represented by the oil/gas  company.  Could this be studied and fixed before the county rules are considered and produced?    Dolores williams  415 Mason Court 7A  Fort Collins, CO 80524  1 Kelly Smith From:josh joswick <josh_joswick2004@yahoo.com> Sent:Tuesday, February 25, 2020 1:02 PM To:Kelly Smith Subject:Oil and gas Gathering lines Attachments:Fort Collins comments 02.25.20.docx Kelly, Thank you for taking the time to return my call and for looking at the attached. As I mentioned, if you have any questions or if anything needs to be explained better, please do not hesitate to contact me. I have given power points to Front Range councils, commissions, boards, and citizens groups, and if you think that would help, let me know and I can give you the 10, 20 40 minute version; I would go for the 20 if I were you. Again, thanks and I look forward to hearing from you if you think talking would help. Josh Joswick Earthworks' OGAP Organizer 970-903-0876 josh_joswick2004@yahoo.com 1 Kelly Smith From:Cassie Archuleta Sent:Sunday, March 15, 2020 5:55 PM To:Jan Stepp; Kelly Smith Subject:RE: oil and gas Hi Richard‐    Thanks for reaching out and providing comments on this.  If you are interested, we have also posted an online  questionnaire (https://ourcity.fcgov.com/oil‐and‐gas‐regulations) to collect additional feedback.    Cassie    . . . . . . . . . . . . . . . CASSIE ARCHULETA Air Quality Program Manager City of Fort Collins  970-416-2648 office    From: Jan Stepp <janstepp2002@yahoo.com>   Sent: Wednesday, March 11, 2020 1:49 PM  To: Cassie Archuleta <carchuleta@fcgov.com>; Kelly Smith <ksmith@fcgov.com>  Subject: oil and gas    Ms Archuleta, I was unable to attend the recent hearings regarding oil and gas extraction. Although, as a general comment and concern regarding oil and gas extraction with in city limits, all residents have a human right to clean water, clean land and clean air. These new regulations must protect these rights to the greatest extent possible, including ground water (waste water injection wells) and methane leaks at drill sites. I trust the city shares these concerns. Sincerely, Richard Stepp What words come to mind when you think of Oil and Gas? What is your zip code? ATTACHMENT 6 How should oil and gas development be regulated on City-owned conserved properties? What is your preference for how the City should regulate the location of new oil and gas facilities? 0 1 2 3 4 5 6 7 8 9 10 80525 80524 80521 80526 80528 Zip Code 0 5 10 15 20 25 New wells should not be permitted on any City-owned conserved properties. Follow State recommendations and standards for approval of new wells on City- owned conserved properties Permit new wells on City-owned properties provided the development would not result in adverse impacts to wildlife and the environment Responses 0 5 10 15 20 Do not permit new oil and gas development within Fort Collins City limits Rely on State setback standards to determine oil and gas locations. Restrict oil and gas development to heavy industrial areas only. Develop local regulations that increase State setback distance standards Responses 1Oil and Gas Regulations AT TA CHMENT 7 Question •What feedback does Council have regarding setback and zoning regulations for new oil and gas development? 2 COUNCIL PRIORITY Oil and Gas •Mitigate Surface Impacts and Encroachment in GMA STRATEGIC ALIGNMENT Neighborhood Livability •1.7 Guide Development BUDGET •Planning and Environmental Services Ongoing Offers Strategic Plan Alignment 3 Why Are We Here? Senate Bill 19-181 (April 2019): •Change in Colorado Oil and Gas Conservation Commission (COGCC) Mission from fostering responsible, balanced development to regulating in a manner that protects public health, safety & environment •Local must be equal to or more restrictive than State; State sets floor Results in: •Expansion of COGCC requirements (adopted November 2021) •Opportunity for increased local requirements (TBD) Council Direction (October 2019): •Begin developing regulations 4 Approach •If/where new O&G can occur, per: •Setbacks •Zoning •Will influence: •Development Standards •Operational Standards 5 Current Oil and Gas Operations Active Wells: •Colorado: 50,840 •Weld County: 19,357 •Larimer County: 263 •City Growth Management Area: 17 •City of Fort Collins: 10 6 Fort Collins Well (producing, injecting, shut-in or abandoned) City Limits Source: http://cogcc.state.co.us/maps.html#/gisonline (1/4/2021) Local Oil and Gas Operations North Fort Collins GMA DOUGLAS RD TURNBERRY RD7 COUNTRY CLUB RD One Operator •Prospect Energy 10 Active Wells •2 Producing •4 Injecting •4 Shut-In 20 Inactive Wells Setbacks Pre-SB181 Rules 8 “fostering responsible, balanced development…” BUILDING SETBACK JUSTIFICATION HIGH OCCUPAN CY BUILDINGS (HOB) -1000’-“Provides strong protective measures without imposing undue costs or restrictions on oil and gas exploration and production” RESIDENTIAL BUILDINGS UNIT (RBU) -500’ New COGCC Setbacks 9 “regulating in a manner that protects public health, safety & environment” BUILDING SETBACK JUSTIFICATION SCHOOLS/ CHILDCARE CENTERS 2000’•CDPHE’s Health Impact Assessment •Children are more vulnerable •Noise and other nuisances (truck traffic) would impact learning and safety HOBs& RBUs Presumptive 2000' 500’-2000’Va riance •CDPHE study, other studies, complaints •Apply for variance COGCC Setbacks 10 •Incremental Increases in State Setbacks 2000' 1000' 500' 150' Pre-SB181 COGCC Setbacks 11 •500’Residential Building Units (RBUs) •1000’from High Occupancy Buildings (HOBs) •13.4% LAND AVA ILABLE Drillable Areas FTC Oil Field New COGCC Setbacks 12 •2000’Presumptive Setbacks •1.3% LAND AVA ILABLE Drillable Areas FTC Oil Field Zoning + Pre-181 COGCC Setbacks 13 •Industrial Zone District •500’from Building Units •1000’HOBs •Note: GMA not included •<1% LAND AVA ILABLE Drillable Areas FTC Oil Field Zoning + New COGCC Setbacks 14 •Industrial Zone District •2000’Setback •Note: GMA not included •0% LAND AVA ILABLE Drillable Areas FTC Oil Field Public Input and Options 15 ZONING SETBACK Public Support •No new Oil and Gas in City •No new Oil and Gas in NAs •Industrial Zone District •2,000’+ no exceptions Industry Support •No full exclusion of new development •Zoning not applied •Align with COGCC Other Considerations •Setbacks from buildings of other land uses •Setbacks from recreation trails, parking lots, recreation fields Questions •What direction does Council have regarding siting regulations for new oil and gas development? 16