HomeMy WebLinkAboutMemo - Mail Packet - 3/28/2023 - Memorandum From Kirk Longstein Re: Oil And Gas Decision PointsPlanning, Development & Transportation Services
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134- fax
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MEMORANDUM
DATE: March 23, 2023
TO: Mayor and City Council
THRU: Kelly DiMartino, City Manager
Tyler Marr, Deputy City Manager
Caryn Champine, Director of Planning, Development and Transportation
Paul Sizemore, Community Development and Neighborhood Services Director
Clay Frickey, Interim Planning Manager
FROM: Kirk Longstein, Senior Environmental Planner
RE: Oil and Gas Decision Points
The purpose of this memo is to provide Council with a summary of stakeholder feedback and
suggested changes to the Land Use Code unanimously adopted (6-0) on First Reading on
December 20, 2022. Additionally, staff has outlined three decision points for Council’s
consideration: (1) Second Reading of the Land Use Code, (2) Operational Standards, and (3)
Terminating the existing Operator Agreement.
Bottom Line:
Decision Point 1 – Second Reading of the Land Use Code (LUC), April 4, 2023
Since the First Reading (December 20, 2022), staff conducted additional engagement with the
community. A summary of the feedback from that effort is in the next section of this memo.
Based on the additional feedback received during this time, Council can consider the following
decision points related to the LUC:
(Staff recommendation) Adopt the LUC updates without modifications, and to address
environmental group feedback, staff suggest adopting development review submittal
requirements administratively after adoption of the Code; or
Adopt the LUC updates with minor modifications directed by Council at Second Reading
and based on Industry and environmental group feedback highlighted below; or
Contingent upon Decision Point 2: If Council directs staff to create local Operational
Standards, as suggested by environmental groups, Council could choose to pause
adoption of the LUC changes to align schedules and actions.
Decision Point 2 – Operational Standards: Staff heard feedback from environmental groups a
desire to create locally adopted operational standards similar to Larimer County Code.
Unfortunately, those standards adopted by neighboring jurisdictions like Broomfield, Boulder,
and Larimer County are not “plug and play Code language” based on how the Fort Collins Code
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is organized and administered. As an example: there are several general development
standards throughout the existing land use code that would apply to applications for new oil and
gas facilities. Based on previous discussions with Council, expanding these standards beyond
existing land use and municipal code sections was considered redundant, covered by the State
(COGCC) standards and that sufficient work was occurring between the City and County in this
space. However, if Council determines it is important to explore this concept further, then staff
recommends a future Work Session and further public outreach related to potential
consideration of additional regulations through updates to the Municipal Code along with
resource considerations for an inspection, enforcement, and compliance program.
Decision Point 3 – Terminate the Operator Agreement: In addition to the Land Use Code
and operational standards discussion, staff will also be bringing forward a Resolution to
Terminate the existing Operator Agreement with Prospect Energy. This Agreement was
developed prior to the stricter regulatory environment in place today and has less restrictive
requirements, thus staff is recommending that Council terminate this Agreement so that the
Land Use Code requirements apply.
Stakeholder Feedback Summary:
City Staff released draft code language on November 8 (version 1) and discussed with several
individuals representing Industry and environmental advocacy groups as well as boards and
commissions. Based on stakeholder feedback changes were made to version 1 and a version 2
draft of the Oil and Gas Development Standards were adopted unanimously (6-0) on December
20, 2023.
Following First Reading, several environmental groups expressed concerns that the proposed
LUC development standards lack a full regulatory framework. To address their concerns, staff
held a panel discussion to better familiarize community partners with code elements on March
9, 2023 (44 attendees).
Environmental Groups were represented by Larimer Alliance, Sierra Club, 350 Colorado, Fort
Collins Sustainability Group, and Colorado Rising. These groups have shared that the currently
proposed regulations are not consistent with the full intent of SB 19-181 and as such would
neglect the City’s opportunity and duty to reduce unnecessary public health, safety, welfare, and
environmental risks for Fort Collins’ current and future residents. The Environmental Groups
also stated that staff should take a more comprehensive vision of what protections are available
and needed, and to prepare a substantially revised and enhanced regulatory package.
Environmental group feedback can be summarized in the following themes:
Development application requirements: Include requirements for detailed submittal
documents in the Land Use Code to align with the required documents submitted to
COGCC;
Operational Standards: Include requirements for a regulatory/compliance program; and
Process/Next Steps: Pause on adoption of LUC updates, open a public process to
evaluate additional code elements, and re-consider LUC updates at the same time as
additional operational standards and an ongoing compliance program are considered.
Industry groups have also provided feedback along the way as a potential LUC applicant.
These groups were represented by the American Petroleum Institute (API) and Colorado Oil
and Gas Association (COGA). Comment letters from these groups can be summarized under
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the following themes:
Setback Requirements: Setback requirements are too restrictive and do not allow for
conditions or variances.
Development application requirements: Development application submittal
procedures are too administratively burdensome and redundant with COGCC
processes.
Decision Point 1: Second Reading of the Land Use Code (LUC), April 4, 2023
Based on the summary of stakeholder feedback above, Council can address this feedback in
multiple ways:
Development Application Requirements: As noted above, environmental stakeholders
believe the City needs to increase the application requirements in the Land Use Code and
industry stakeholders believe the City needs to remove redundancies.
Increase application requirements: The COGCC submittal requirements for reviewing
a new oil and gas location in addition to reviewing the Commission’s rules for ongoing
operational standards includes a full development plan. If Council is supportive of
increasing application requirements by adding these submittal requirements to a local
development application, City Staff recommend approval of these additional submittal
details as part of administratively approved master submittal list for oil and gas facilities
and oil and gas pipelines. Implementing this recommendation administratively rather
than in the LUC allows staff to update requirements as the industry changes or if there
are further changes at the state level. For reference and review, Staff prepared a draft
of the development application submittal master list for oil and gas facilities and a copy is
attached to this memo for Council’s review.
Relieve administrative burden and redundancy: Industry stakeholders have
suggested the code proposal is duplicative with regulations put forth by the COGCC. It is
correct that some of the regulations are duplicative, and in some cases stricter. The
purpose, based on Council input, is to align with our local development process,
development requirements, and reflect the local context. The draft code also requires
local review before submitting to the COGCC. This is allowable based on COGCC rules
and would facilitate a more predictable COGCC process for new operators/facilities. If
Council wishes to change the development review to be concurrent with COGCC, staff
will have language ready to include as an amendment to the Second Reading draft.
Operational Standards: This recommendation from the environmental groups is not part of the
Land Use Code and is captured in Decision Point 2 for Council consideration.
Setbacks: Currently, an applicant can request modifications to the setback distance standards
from the State and landowners, under COGCC Rule 604. The industry stakeholders are
requesting the City allow local modification of standards which is currently not allowed under the
code proposal. If Council wishes to allow a local modification of standards staff will have
language ready to include as an amendment to the Second Reading draft.
Decision Point 2: Operational Standards
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As noted above, environmental stakeholders requested a more complete regulatory framework
to include more enforcement and compliance that is in addition to the State operational
standards.
Access to mineral resources within the City is already limited, with only two producing wells
operating in an older legacy oil field. Furthermore, no new oil or gas fields of interest have been
identified outside of the existing field in NE Fort Collins, and proposed LUC code updates to be
considered on April 4, 2023, would effectively limit additional oil and gas locations and
redevelopment at existing sites to less than 1% of the City.
While there are no current or anticipated compliance concerns at sites within City limits, there is
an ongoing area of concern related to a site with oil and gas storage and production facilities
located just outside City limits, adjacent to the Hearthfire residential neighborhood (referred to
as the “Hearthfire Facility”). On August 9, 2022, the Colorado Department of Health and
Environment (CDPHE) issued a Compliance Advisory for this facility, and the County has
recommended further compliance action. This site has a history of violations related to record-
keeping requirements, leak detections, and gas flaring. In May 2022, a fire occurred at this site,
adding to the concerns.
To address concerns that have been raised regarding compliance and enforcement, staff is
pursuing the following:
Leak detection: The City and County have entered into an Intergovernmental Agreement
(IGA), wherein the City is purchasing an Optical Gas Imaging Camera (OGI) for use by
County. The County is in the process of procuring the camera and training new staff to
operate it for leak detection at sites within and near Fort Collins, as well as other
locations in the County.
Financial Assurances: Based on requirements enacted in April of 2022, Prospect Energy
submitted a Financial Assurances Plan to the State in November 2022. Staff and the
County have the authority to review these plans and have both requested a Hearing with
the State, because staff does not believe these plans are sufficient to cover potential
reclamation of wells within City limits (the City should be notified of the State’s response
to the Hearing request in Q2). In addition, these regulations allow for the City to request
that low-producing or non-operational wells be plugged and abandoned (reclaimed); the
City will place this request after the Hearing date/result from the Financial Assurances
Plan is resolved.
Air Quality Monitoring: In Fort Collins, the most pressing need for continuous monitoring
is for emissions just outside of City limits near the Hearthfire facility. This is the only site
in the area with storage and transport facilities, and concerns and complaints are
ongoing. To address this, the City is working with Larimer County to develop a
continuous air quality monitoring and response plan for this site. The plan will include
continuous measurements of Volatile Organic Compounds (VOCs) and action points to
trigger inspection responses, which would in turn prompt further compliance-related
action. This monitoring is anticipated to be operational in Q3 or Q4 of 2023.
Recommended Next Steps: In previous discussions, Councilmembers have expressed that
these actions paired with the applicable State (COGCC) standards are sufficient to address the
need for an inspection and enforcement program. However, staff continue to hear a desire for
the City to expand its regulatory framework. Therefore, we wanted to bring this feedback to the
Council's attention.
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Staff recommends continued adoption of the LUC development standards for new oil and gas
facilities on Second Reading, as this restricts new oil and gas to less than 1% of the City as well
as other benefits outlined in the meeting materials. If Council desires an additional layer of
regulatory compliance (inspection and enforcement) by the City, staff recommends a W ork
Session in Q2 of 2023 to provide additional direction regarding consideration of operational
standards along with an associated enforcement/inspection program.
Decision Point 3: Operator Agreement
In 2013, the City of Fort Collins entered into an Operator Agreement (OA) with Prospect Energy,
the sole oil and gas operator in the City. At the time, the City had enacted a voter-initiated ban
on hydraulic fracturing, which was later overturned by the Colorado Supreme Court in 2016. The
OA was intended to exempt the current operator from the ban as long as the agreement
included strict controls and adequately protected public health, safety, and welfare, as
determined by City Council. The OA is set to renew in 5-year terms and was automatically
extended in 2018, but Council may choose to terminate the agreement prior to renewal in May
2023.
Recommended Next Steps: Staff recommends termination of the agreement and will be brought
to Council via Resolution on April 4, 2023, for the following reasons:
The OA, as written, exempts the current operator (Prospect Energy) from the City’s
development review process; and
The "Best Management Practices" in the 2013 OA are outdated and not as stringent as
the newer COGCC and CDPHE standards and regulations adopted since SB-181.
Next Steps in addressing Fort Collins Comprehensive Regulatory Framework
April 4, 2023 Second Reading of the ordinance Amending the Land Use Code to
Regulate new Oil and Gas Facilities and Pipelines.
April 4, 2023 Resolution - termination of an Oil and Gas Operator Agreement between
the City of Fort Collins and Prospect Energy
TBD – If directed by Council, Work Session and further public outreach related to
potential consideration of additional regulations through updates to Municipal Code
along with resource considerations for an inspection, enforcement and compliance
program.
Q3 2023 – First Reading of Land Use Code Development Standards regulating new
development reverse setbacks from existing oil and gas facilities.
CC:
Cassie Archuleta, Air Quality Program Manager
Lindsay Ex, Environmental Services Director
Brad Yatabe, Senior Assistant City Attorney
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ATTACHMENT
3.23.2023 DRAFT SUBJECT TO CHANGE
City of Fort Collins
Application for Permit
For
New Oil and Gas Facilities
Development application submittal master list for oil and gas facilities
Introduction & Instructions to Applicant
This application form requires information from, and provides guidance to, applicants for permits,
pursuant to the City Fort Collins Oil and Gas Facilities and Pipelines Land Use Code Standards
(“Development Standards”). This application is supplementary to, and not in replacement of the
specific and detailed requirements of the Development Standards. Any conflict between the
requirements of the Development Standards as generally described in this application form, and
the Development Standards themselves, shall be resolved in favor of the Development
Standards.
Conceptual Review
Prior to submitting an application for a permit under the Development Standards, the prospective
applicant must schedule and attend a conceptual review pursuant to Section 3.12.3 of the Land
Use Code. At or before the Conceptual Review meeting, the applicant shall provide staff with the
following information:
(a) Names and addresses of all persons or interests proposing the designated activity;
(b) The application fee, pursuant to Section 2.2.3(D) of the Land Use Code
(c) Alternative Location Analysis. The alternative location analysis must include, at a
minimum, the following information:
1) A map depicting the following elements within three (3) miles of the proposed
surface location. (This requirement is limited to one (1) mile for a proposed
single vertical or directional well):
i. All mineral rights held or controlled by the applicant; and
ii. The location of all features listed in the "Preliminary Site Analysis."
2) Unless waived by the Director, the analysis shall evaluate a minimum of three
potential locations that can reasonably access the mineral resources within the
proposed drilling and spacing unit(s), including the following information for
each site:
i. General narrative description of each location;
ii. Any location restrictions that the site does not satisfy;
iii. Any existing surface use agreements or other documentation regarding
legal property rights;
iv. Off-site impacts that may be associated with each site;
v. Proposed truck traffic routes and access roads for each location; and
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vi. Any information pertinent to the applicable review criteria that will assist
the Director in evaluating the locations.
3) Preliminary Site Analysis. The Preliminary Site Analysis shall include maps with the
following information:
a. All drilling and spacing units proposed by the applicant within one (1) mile of the
City's boundaries;
b. All features defined below that are wholly or partially within one (1) mile of the
proposed oil and gas facility:
i. Any existing or future building approved as occupiable space, as defined
in the City’s Building Code;
ii. City parks or City property intended to be used for City parks;
iii. City maintained trails and trailheads or City property intended to be used
for City trails and trailheads;
iv. Outdoor venues, playgrounds, permanent sports fields, amphitheaters, or
other similar places of outdoor assembly;
v. City natural areas;
vi. Existing and approved oil and gas facilities and pipelines;
vii. Areas within the FEMA 100-Year Floodplain boundary;
viii. The centerline of all USGS perennial and intermittent streams and the map
will indicate which surface water features are downgradient;
ix. Active reservoirs and public and private water supply wells of public
record;
x. Natural habitats and features as defined in Section 3.4.1 of the City Land
Use Code, within one (1) mile of the proposed oil and gas facility;
xi. High priority habitat as defined by the COGCC; and
xii. Disproportionately impacted communities, as defined by the COGCC.
(d) Any additional information requested by the Director as necessary to facilitate a
productive pre-application meeting and to enable the Director to make a determination
of the required permitting procedure and applicable portions of the Development
Standards.
Mineral Interest Owner Certification
Any application which requires compliance with § 24-65.5-101, et seq., C.R.S., (Notification to
Mineral Owners of Surface Development) shall not be considered to have been submitted as
complete until the applicant has provided a certification signed by the applicant confirming that
the applicant or its agent has examined the records of the Larimer County Clerk and Recorder for
the existence of any mineral estate owners or lessees that own less than full fee title in the
property which is the subject of the application, and stating whether or not any such mineral estate
owners or lessees exist. In addition, for purposes of the Permit Authority convening its initial public
hearing on any application involving property which mineral estate owners or lessees owning less
than full fee title in the property have been certified by the applicant to exist, the application shall
not be considered to have been submitted as complete until the applicant has provided an
additional signed certification confirming that the applicant has, at least 30 days prior to the initial
public hearing, transmitted to the City and to the affected mineral estate owners and lessees the
notices required by C.R.S. §24-65.5-101, et seq.
General Submission Requirements
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All applications for permits under the Development Standards are required to be accompanied by
general submission requirements:
1. Completed application form;
2. Identify what other city, state or federal permits are required in order to initiate and
complete the Project:
___________________________________________________
___________________________________________________________________
__
___________________________________________________________________
__
Detailed Submission Requirements
1. Information describing the Project
(a) Executive summary of the proposal indicating the scope and need for the Project.
(b) The legal description of the proposed development site
(c) An index map showing the general location of the Project area and its relationship
to surrounding topographic and cultural features. A standard U.S.G.S. quadrangle
map would usually be adequate for an index map.
(d) Ownership of the surface of the area of land to be affected.
(e) A topographic map or maps showing location, nature, and density of the proposed
development or land use change.
(f) Aerial photographs, when available, of reasonable scale and of a date which
reasonably portrays the current condition of the area to be covered by the permit
application. The area to be covered by the permit shall be outlined on the aerial
photograph.
(g) Plans and specifications of the Project in sufficient detail to evaluate the application
against the applicable Review Criteria.
(h) Schedules for designing, permitting, constructing and operating the Project,
including the estimated life of the Project.
(i) Description of relevant conservation techniques to be used in the construction and
operation of the Project.
(j) Description of demands that this Project expects to meet and basis for Projections
of that demand.
(k) List of adjacent property owners [within 1000 feet of any Project component], and
their mailing addresses.
2. Property rights, other permits and approvals
(a) Description of property rights that are necessary for or that will be affected by the
Project, including easements and property rights proposed to be acquired through
negotiation or condemnation.
(b) Specify how the proposed development will utilize existing easements or rights-of-
way for new associated distribution or collector networks;
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(c) Copies of any permits or approvals related to the Project that have been granted.
(d) Copies of relevant official federal and state consultation correspondence prepared
for the Project; a description of all mitigation required by federal, state and local
authorities; and copies of any draft or final environmental assessments or impact
statements required for the Project.
3. Land Use
(a) Provide a map at a scale relevant to the Project describing
existing land uses and existing zoning of the proposed
Project area and the Project service area, including
peripheral lands which may be impacted. The land use
map shall include but need not necessarily be limited to
the following categories: residential, commercial, industrial,
extractive, transportation, communication and utility,
institutional, open space, outdoor recreation, agricultural,
forest land and water bodies. Show all special districts
(school, fire, water, sanitation, etc.) within the Project area.
(b) All immediately affected public land boundaries should be
indicated on the map. Potential impacts of the proposed
development upon public lands will be visually illustrated
on the map as well as described in the text.
(c) Detail the agricultural productivity capability of the land in the development area
and source development area (SCS classification)
(d) Specify whether and how the proposed Project conforms to the City’s planning
policies, including without limitation, the Fort Collins Comprehensive Plan.
(e) Specify whether and how the proposed Project conforms to
applicable regional and state planning policies.
(f) Specify whether and how the proposed Project conforms to
applicable federal land management policies.
(g) If relevant to the Project design, describe the agricultural
productivity capability of the land in the Project area, using
Soils Conservation Service soils classification data.
4. Financial feasibility of the Project
(a) Relevant bond issue, loan and other financing approvals or certifications (ex:
approved bond issues; bond counsel opinion).
(b) Business plan that generally describes the financial feasibility of the Project.
5. Areas of Paleontological, Historic or Archaeological Importance. Description of the
impacts and net effect of the Project on sites of paleontological, historic or
archaeological interest.
6. Noise Mitigation. A noise report and mitigation plan must be submitted as part of the
application for a project development plan. The noise report and mitigation plan must
include the following information:
a. During construction, drilling, and completion activities, the City will require continuous
noise monitoring for all oil and gas facilities located with ½ mile (2,640 feet) of any
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existing Building Units. The City may adjust this distance based on the location,
nature, and size of the facility. The City may require continuous noise monitoring to be
conducted by an approved third‐party consultant.
b. The hours of maximum noise emissions, type, frequency, and level of noise to be
emitted, and proposed mitigation measures.
c. A minimum five-day baseline noise analysis which must include Saturday and Sunday
as two of the days.
d. Modeled maximum A- and C-weighted decibel levels for all phases of development
shall be presented using contour maps from the oil and gas facility (combining noise
sources) at 350 feet, 500 feet, 1000 feet, 2,000 feet, and to the property line of the
adjacent properties. Contour maps shall be provided that demonstrate both
unmitigated and mitigated decibel levels.
e. A plan of proposed mitigation measures to be implemented by the oil and gas
facility during each phase of development shall be provided to ensure compliance with
the maximum permissible noise levels as listed in the Code of the City of Fort Collins
Chapter 20, Article II.
f. Compressor engines for natural gas are prohibited within the City limits except for
wellhead, sales, and gas lift compressors, air and/or gas gathering compressors which
shall be located on the oil and gas locations. Operator shall use acoustic wall
enclosures for compressor engines where necessary to provide visual and/or noise
mitigation. Any compressors that are used as part of the vapor recovery units use to
control air pollution will be limited to a maximum of eight (8) small engine drive units.
Vapor recovery unit compressors will be installed with sound walls to buffer noise.
7. Visual Mitigation. A visual mitigation plan must be submitted as part of the application for
a project development plan and such plan must demonstrate how the proposed oil and
gas facility will blend into the surrounding environment, including consideration of
landscape berming, facility colors, and use of existing and new vegetation and contours.
The visual mitigation plan must include photographic simulations of the oil and gas
facility with proposed mitigation measures.
8. Air Quality. Description of the impacts and net effect the Project would have on air
quality during both construction and operation, and under both average and worst case
conditions, considering particulate matter and aerosols, oxides, hydrocarbons, oxidants,
and other chemicals, temperature effects and atmospheric interactions. Such plan must
demonstrate compliance with the specifications and requirements as outlined in Chapter
11 Section 3.3 of Larimer County’s Land Use Code.
9. Air Monitoring. An air monitoring plan must be submitted as part of the application for a
project development plan. Such plan must Demonstrate compliance with Ambient Air
Monitoring methods and reporting specifications as set forth in Chapter 11 Section 3.3 of
Larimer County’s Land Use Code, and include how the operator will conduct the
following:
g. Baseline Monitoring: Baseline monitoring shall be conducted within five hundred (500)
feet of a proposed oil and gas location over at thirty (30) day period prior to
construction of the oil and gas facility.
b. Monitoring during Drilling, Completion and Production Phases: High frequency
monitoring shall be conducted during drilling and completions activities and continue
until three years have passed from the date the last well drilled on the site has entered
the production phase, unless a building approved for human occupancy is within one
thousand (1000) feet of the edge of the working pad surface. In such instance, high
frequency monitoring shall be required until all wells are plugged and abandoned.
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10. Community Outreach Plan. A community outreach plan must be submitted as part of the
application for a project development plan for any oil and gas location proposed to be
located within two thousand six hundred and forty (2640) feet of any building approved
for human occupancy under the building code and must provide for consultation,
outreach, and engagement that includes:
a. Describe any measures taken to directly mitigate adverse impact to occupants of
any buildings approved for human occupancy.
b. Providing at least thirty (30) days advance written notice to occupants of any
buildings approved for human occupancy of mobilization in, rig up.
c. Providing written notice to occupants of any building approved for human
occupancy within ten (10) days after any reportable events that could have off-site
impacts including fires, explosions, blow-outs, venting, or spills over one-hundred
(100) barrels in volume.
11. Odor Complaint Response Plan. Plan should also describe odor response procedures,
Continuation of high frequency monitoring will be required if repeated emissions at
threshold concentrations are detected or as a result of repeated odor violations.
12. Water Source Plan. As part of the application for a project development plan, the
Operator will provide the City with details regarding the source or sources of water to be
used at the oil and gas facility during the drilling phase and completion phase and during
hydraulic fracturing.
d. The Operator will provide the City with a will serve letter from each water provider
stating that sufficient water is available to support the estimated volumes of water to
be utilized.
e. All water for hydraulic fracturing shall be transported to the Oil and Gas Locations
by means other than by truck, unless the Operator demonstrates extenuating
circumstances that prevent water delivery through other means. If water is
delivered by truck, Operator shall submit a traffic control plan to the City engineer
for approval prior to hydraulic fracturing, and trucks shall be limited to a maximum
of seven (7) days to deliver water. If the transportation of water by means other
than truck exceeds seven (7) days, the Operator will seek any necessary
amendments to the Oil and Gas Project Development Plan.
13. Waste Management Plan. Must detail how all solid and liquid wastes will be addressed.
The plan must demonstrate how the oil and gas facility will comply with the following
requirements:
f. All fluids must be contained and there shall be no discharge of fluids.
g. Wastewater must be stored in tanks, transported by tanker trucks and/or pipelines,
and disposed of at licensed disposal or recycling sites in accordance with
applicable law.
h. The location and type of secondary containment and stormwater measures as
required in Chapter 11 Section 3.3 of Larimer County’s Land Use Code.
14. Surface Water Quality
(a) Map and/or description of all surface waters to be affected by the Project, including
description of provisions of the applicable regional water quality management plan,
any NPDES Permit, or Section 404 Federal Clean Water Act Permit that applies
to the Project.
(b) Descriptions of the immediate and long-term impact and net effects that the Project
would have on the quantity and quality of surface water under both average and
worst case conditions.
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(c) Provide a surface and subsurface drainage analysis.
15. Groundwater Quality
(a) Map and/or description of all groundwater, including any and all aquifers
underlying or affected by the Project. At a minimum, the description should include:
i. groundwater flow directions and levels.
ii. existing groundwater quality and classification.
iii. location of all water wells potentially affected by the Project and their
uses.
iv. description of the impacts and net effect of the Project on groundwater.
16. Soils, Geologic Conditions and Natural Hazards
(a) Map and/or description of soils, geologic conditions, and natural hazards including
but not limited to soil types, drainage areas, slopes, avalanche areas, debris fans,
mud flows, rock slide areas, faults and fissures, seismic history, and wildfire hazard
areas, all as relevant to the Project area.
(b) Descriptions of the risks to the Project from natural hazards.
(c) Descriptions of the impacts and net effect of the Project on soil and geologic
conditions in the Project area.
(d) On an appropriate map, indicate any floodplain associated with the proposed
development. Documentation of historical flooding activity should be included.
Documentation of historical flooding activity should be included.
17. Hazardous Materials
(a) Description of all solid waste, hazardous waste, petroleum products, hazardous,
toxic, and explosive substances to be used, stored, transported, disturbed or
produced in connection with the Project, including the type and amount of such
substances, their location, and the practices and procedures to be implemented to
avoid accidental release and exposure.
(b) Location of storage areas designated for equipment, fuel, lubricants, and chemical
and waste storage with an explanation of spill containment plans and structures.
18. Monitoring and Mitigation Plan
(a) Description of all mitigation that is proposed to avoid, minimize or compensate for
adverse impacts of the Project and to maximize positive impacts of the Project.
(b) Describe how and when mitigation will be implemented and financed.
(c) Describe impacts that are unavoidable that cannot be mitigated.
(d) Description of methodology used to measure impacts of the Project and
effectiveness of proposed mitigation measures.
(e) Description, location and intervals of proposed monitoring to ensure that mitigation
will be effective.
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