HomeMy WebLinkAboutConstituent Letter - Mail Packet - 5/8/2018 - Memorandum From Nancy Duteau Re: Land Use Code Updates For Oil & Gas OperationsEnvironmental Services
215 N. Mason
PO Box 580
Fort Collins, CO 80522
970.221-6600
970.224-6177 - fax
fcgov.com
MEMORANDUM
NATURAL RESOURCES ADVISORY BOARD
DATE: May 1, 2018
TO: Mayor and City Council Members
FROM: Nancy DuTeau, on behalf of the Natural Resources Advisory Board (NRAB)
SUBJECT: Land Use Code Updates for Oil & Gas operations
Regulation of oil & gas operations is a complicated issue in Colorado. The Colorado Oil and
Gas Conservation Commission (COGCC) standards for permitting and operation, including
setbacks, are not based on scientific evidence of health and economic effects on citizens, but
rather a compromise with special interests, primarily Oil & Gas Producers and Developers.
NRAB strongly recommends Council direct staff to use all mechanisms available within city
authority to increase protection of health of residents and to reduce air and property
contamination. In addition, we recommend city leadership adopt positions advocating evidence-
based state standards for permitting and operation.
The COGCC has the authority to permit new oil & gas wells as well as set standards for
operation and closing of wells. The state is responsible for inspections for compliance with
operation standards and has an orphan well fund for sealing abandoned wells. The Colorado
Department of Public Health and the Environment (CDPHE) has a mobile unit for sampling air
quality in residential areas in response to complaints of residents of health effects from chemical
exposures at sites.
The city, on the other hand, has two main ways to control interactions between Oil & Gas
operations and residents:
the City has authority through Land Use Code to set buffers between oil & gas operations
and new development, including buffer and site characteristics.
the City creates operator agreements with producers for individual permitted sites
NRAB recommends that Council adopt proposed changes to the Land Use Code to reflect the
new state regulations for setbacks for new wells, to apply to new development near existing and
abandoned oil & gas operations (reciprocal setbacks) with the addition of:
3.8.26 (C) (4) (a) “Buffer Yard D areas may include paved areas, notwithstanding
paragraph (1) above, with the exception of playgrounds and parking lots of high
occupancy building units”.
3.8.26 (C) (4) (c) Require identification of Responsible Party when plugged well seal
fails; add requirements for repair, annual third-party monitoring, bonding requirements to
address any future well integrity issues, and inspection.
Amend the Land Use Code definition for where the buffer (reciprocal setback) is
measured to be from the edge of the property line to the edge of the well site, as opposed
to the edge of the nearest occupied building.
The NRAB recommends that the City operator agreement for producers at individual sites
include
specific requirements for monitoring as outlined in 3.8.26 (C) (4) (c) (i) (B).
Additional Recommendations
Citizens of Fort Collins are deeply engaged in the debate about regulation of Oil & Gas
operations in our state and the effects on their health and property. This is clearly shown by the
passage of a citizen-initiated moratorium on fracking within our city and on city land in 2013.
NRAB has been following this issue for several years with technical presentations by outside
scientific groups like -- CSU and National Center for Atmospheric Research for example -- some
of whom have been hired by the City to perform analysis on air quality, toxic gas levels at active
wells, and contributions to ozone, in addition to presentations at regular meetings by staff.
NRAB recommends that Council move forward with:
Verifying Poudre Fire Authority (PFA) readiness for abandoned well seal failures and
active well accidents. There are 10 active and 20 abandoned wells within city limits. No
wells sealed recently or in the past will remain sealed indefinitely, because the current
technology does not create a permanent seal.
Installing a 3rd
air monitoring station in Southeast Fort Collins as recommended in City-
funded study by National Center for Atmospheric Research. Results of wind analysis
document impact of gases from daytime upslope winds from oil & gas operations in
Weld County on ozone levels in our city.
Approving an Economic Analysis of health and economic effects on citizen health and
property contamination, including impacts of natural gas and other pollutants from
operations outside the city.
Pursuing ways to protect Natural Areas, parks and open spaces from oil & gas operations
whether the source is within or beyond City boundaries.
Urging the COGCC to increase buffer zones and to change the measurement of setbacks
from edge of well site to edge of property. Current setback measures to the edge of
buildings which, for schools, increases exposure of children on playgrounds and for other
facilities increases exposure to those who choose to enjoy outdoor spaces.
cc: Darin Atteberry
Lindsay Ex