HomeMy WebLinkAboutResponse To Constituent Letter - Mail Packet - 9/5/2023 - Response From Mayor Jeni Arndt To Air Quality Advisory Board (Aqab) Re: August 28, 2023 Memorandum, “Recommendations Regarding Oil And Gas Reverse Setbacks”
Mayor
City Hall
300 LaPorte Ave.
PO Box 580
Fort Collins, CO 80522
970.416.2154
970.224.6107 - fax
fcgov.com
August 31, 2023
Air Quality Advisory Board
c/o Selina Lujan, Staff Liaison
PO Box 580
Fort Collins, CO 80522
Dear Chair Houdashelt and Board Members:
On behalf of City Council, thank you for providing us with the August 28, 2023 memorandum
wherein you summarized the Board’s recommendations for Council to adopt some, but not all, of
the staff recommendations regarding oil and gas (O&G) reverse setbacks. Thank you for
outlining which specific recommendations the Board supports, which it does not, and additional
staff proposals regarding dwelling units and financial liability for well plug failures.
This topic is scheduled to be discussed during the September 5, 2023 City Council meeting and
we encourage you to watch the proceedings of the meeting either in person at City Hall at 6:00
p.m. or online via fcgov.com.
Thank you for the expertise and perspectives that you bring to the Board and share with City
Council.
Best Regards,
Jeni Arndt
Mayor
/sek
cc: City Council Members
Kelly DiMartino, City Manager
City Clerk’s Office
300 LaPorte Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6515
970.221.6295 - fax
Boardsandcommissions@fcgov.com
MEMORANDUM
DATE: August 28, 2023
TO: Mayor and City Councilmembers
FROM: Mark Houdashelt, Chair for the Air Quality Advisory Board
RE: Recommendations Regarding Oil and Gas Reverse Setbacks
CC: Boards and Commissions via email boardsandcommissions@fcgov.com
The Air Quality Advisory Board has discussed City staff's proposals for amending the City's
regulations related to oil and gas (O&G) reverse setbacks and makes the recommendations described
below.
In terms of the setbacks from different types of O&G wells:
• operating wells - the AQAB recommends that Council adopt the staff proposal (2000 ft
setback with a conditional potential variance to 500 ft).
• enhanced oil recovery (EOR) injection wells - the AQAB recommends that Council adopt the
staff proposal (2000 ft setback with a conditional potential variance to 500 ft).
• not fully reclaimed abandoned wells - the AQAB recommends that Council adopt the staff
proposal (500 ft).
• fully reclaimed abandoned wells - the AQAB recommends that Council NOT adopt the staff
proposal but instead set this reverse setback at 500 ft, similar to that of not fully reclaimed
abandoned wells.
The AQAB also recommends that Council adopt the staff proposals:
• to prohibit ADUs (detached occupiable buildings) within the buffer zones;
• to measure setbacks from all occupiable buildings, not just residences;
• to extend buffer zones beyond arterial roads;
• for soil-gas and groundwater monitoring (monitor once prior to permitting and once at the
end of a five-year construction guarantee); and
• for the notification requirements that a landowner must provide to potential buyers or renters
that would reside on a property that fully or partially includes land within the buffer zone
near an O&G facility.
In addition, the AQAB recommends that Council adopt regulations that clearly specify the parties
that are financially liable for the environmental and health impacts of any future well plug failure and
develop the disclosure requirements that will apply when this responsibility is transferred from one
party to another.
Thank you for considering these recommendations and for your work on this important issue.