Document Broomfield_doc_1a56ae1342

STATUS OF SOME OF THE RECENT OIL AND GAS REGULATORY ACTIVITY BY CITY OR COUNTY CITY OR COUNTY Recent Adoption of Regulations Recent Adoption of MOUs Temporary Moratorium Lifted Temporary Moratorium in Place Bans Arapahoe County Adopted administrative review process for oil & gas applications in April 2013 Administrative review process includes the use of MOUs with operators Boulder County Adopted new regulations on December 20, 2012; new regulations include a voluntary and shortened expedited process that eliminates a public hearing before the planning & zoning commission, and a longer standard process with two public hearings; currently commissioners are considering a proposal to phase in new regulations allowing each operator to have one application processed at a time. Colorado Springs Regulations adopted December 5, 2012 Temporary Moratorium lifted December 5, 2012 with the adoption of regulations Commerce City Adopted new regulations in July 2012 New regulations include the use of an Extraction Agreement with operators to include Best Management Practices Erie Erie adopted MOUs with Encana & Anadarko on August 28, 2012 Fort Collins Adopted MOU with Prospect Energy on May 8, 2013 Temporary 7 month Moratorium lifted with adoption of MOU Gunnison County IGA with Colorado Oil and Gas Conservation Commission (COGCC) for county to conduct inspections and COGCC retaining enforcement authority, adopted May 11, 2012 Longmont City adopted regulations on July 17, 2012 that included a ban of drilling in residential zones, rules on use of multi‐ well sites, directional & horizontal drilling, chemical reporting & setback requirements, these regulations are the subject of a legal challenge by the Colorado Oil and Gas Conservation Commission City entered into a MOU with TOP Operating Company on July 17, 2012 City imposed a 120 day moratorium on accepting applications for oil & gas permits, which was extended to June 16, 2012 and then again through the adoption of regulations. Citizens adopted an amendment to the City’s charter on November 6, 012 that banned hydraulic fracturing and the storage of open pits or disposal of solid or liquid wastes created in connection with hydraulic fracturing that is currently subject of legal challenge by the Colorado Oil and Gas Association. Loveland Adopted new regulations in July 2012; new regulations include a voluntary and shortened expedited process with administrative approval, and a longer standard process with public hearings ---PAGE BREAK--- SUMMARY OF CERTAIN REGULATORY AND MOU REQUIREMENTS OF CITIES AND COUNTIES BOULDER COUNTY REGULATIONS LOVELAND REGULATIONS FORT COLLINS MOU REQUIREMENTS ARAPAHOE COUNTY MOU REQUIREMENTS ERIE MOU REQUIREMENTS Expedited* Standard Expedited* Standard Meeting  Pre‐application conference in 30 days prior to application for COGCC permit  Site visit at discretion director  Consultant review at discretion of director  Applicant can request operational conflict hearing within 10 days following initial development plan review decision and it requires 14 day advance notice and hearing with Board of County Commissions may extend the review process 45 days  Pre‐application conference 30 days prior to application for COGCC permit  Site visit at discretion director  Consultant review at discretion of director  Planning Commission notice and hearing  Board of County Commissioner notice and hearing  Applicant can request operational conflict hearing within 10 days following initial development plan review decision and it requires 14 day advance notice and hearing with Board of County Commissions may extend the review process 45 days  Initial meeting with city’s development review team (DRT)  Neighborhood meeting (can be waived if director determines duplicative of COGCC neighborhood meeting)  Initial meeting director  Initial meeting with city’s development review team (DRT)  Neighborhood meeting  Planning Commission Hearing  Appeal of Planning Commission to City Council  Concept review with City staff no less than 30 days prior to submitting drilling application and, if possible, prior to site selection, to ensure compliance with MOU and to discuss site specific issues  Neighborhood meeting for any new well, even on existing well pad; city schedules and coordinates company attends with written summary to be included with Local Government Designee comments to COGCC  Regular meetings with county to discuss MOU issues Notice  Notice mailed to surface owners where operations located, surface owners within 500 feet of gathering line, to owners and to physical address of all parcels within a half mile operations no less than 10 days prior to application submittal  Notice includes description of site, applicant contact information, vicinity map, list of facilities, equipment, access roads and gathering lines, anticipated application submittal date, location for public comments, statement of county’s right to access for plan review, statement of entities contacted on road maintenance, statement of how to receive written notice of drilling operations and county address  Notice mailed to surface owners where operations located, surface owners within 500 feet of gathering line, to owners and to physical address of all parcels within a half mile operations no less than 10 days prior to application submittal  Notice includes description of site, applicant contact information, vicinity map, list of facilities, equipment, access roads and gathering lines, anticipated application submittal date, location for public comments, statement of county’s right to access for plan review, statement of entities contacted on road maintenance, statement of how to receive written notice of drilling operations and county address  Notice of Planning Commission hearing 14  Neighbors  Land Owners  Such notices sent 15 days in advance of the neighborhood meeting  Neighbors  Land Owners  Such notices sent 15 days in advance of the neighborhood meeting  Pending application mailed notice to surface owner on which operation located, surface owners within 500 of a proposed gathering line; surface owners within 2,640 feet of the parcel on which the oil and gas operation is proposed an to persons representing bona fide neighborhood groups or HOA within the notice area  Pending application posted notice on property  Neighborhood meeting notice to same parties as those immediately indicated above  Advance City website notice of commencement of drilling operations  Prior to commencement of new drilling or completion provide notice to landowners within ½ mile  Operator to provide summary of operations, access points, operational time line to town for posting on city website and for informational purposes only which operator may revise during operations ---PAGE BREAK--- SUMMARY OF CERTAIN REGULATORY AND MOU REQUIREMENTS OF CITIES AND COUNTIES BOULDER COUNTY REGULATIONS LOVELAND REGULATIONS FORT COLLINS MOU REQUIREMENTS ARAPAHOE COUNTY MOU REQUIREMENTS ERIE MOU REQUIREMENTS Expedited* Standard Expedited* Standard days in advance  Notice of Board of County Commissioner Hearing 14 days in advance Timing  Pre‐application conference in 30 days prior to application for COGCC permit  Director may require consultant review of application by County’s consultant paid by applicant  Applicant response to Director on application issues within 30 days  Director decision within 45 days of application being deemed complete  Pre‐application conference in 30 days prior to application for COGCC permit  Director may require consultant review of application by County’s consultant paid by applicant  Applicant response to Director on application issues within 30 days  Director decision within 45 days of application being deemed complete  Board of County Commissioners determination on standard review or operational conflict subject to judicial review  Within 30 days of application determined to be complete by director the DRT shall complete its review and submit written report of findings and recommendation to applicant and for posting on website, applicant responds to DRT recommendation in 30 days  Neighborhood meeting within 45 days of directors determination application complete  15 days after neighborhood meeting for public to submit comments  Director negotiates with applicant after receipt of public and DRT comments for 10 days  Director decision in 15 days  Director’s decision appealable by applicant or party in interest to district court  Application completeness review meeting within 15 days of request  Written comments of staff within 10 days of meeting  Applicant response and filing of application within 3 months  Notification of application deficiencies within 15 days and continue until all issues resolved  Review by internal team within 30 days of director determination that application is complete  Neighborhood meeting within 45 days of director determination that application is complete  Planning Commission Public Hearing within 45 days of internal team determination  Planning commission determination within 30 days of hearing  Appeal of Planning Commission decision by applicant or part in interest within 10 days of decision  Concept review 30 days prior to drilling  Initial notice of concept review no more than 10 days after concept review meeting Air Quality  The applicant shall submit to the county manufacture test and other data demonstrative a 98% efficiency  Compliance with Colorado Air Quality Control Program and county fugitive dust regulations  Air quality control plan that includes the following:  All continuously operated equipment, including,  Shall capture and control vapors to 98% efficiency to the maximum extent practicable and submit to county test and other data; use of flares in accordance with code  No significant degradation of air quality and in compliance with COGCC and DPHE  Provide leak detection and control program using most effect  All continuously operated equipment shall route vapors to a capture and control device with a 98% destruction efficiency; operator to submit manufacturer’s data to show efficiency and such device shall be installed and maintained in accordance with manufacturer’s specs  Compliance with EPA, CDPHE & COGCC  No uncontrolled gas vapors and vapor capture equipment shall operate at 98% efficiency  Flare during productions at 98% or higher VOC destruction efficiency with no visible emissions and flame present at all time  No venting of gas except per COGCC Green Completion Practices  Green completions requiring gas captured at well head and not releasing it into  Closed loop pitless system for containment and/or recycling of all drilling, completion, flowback and produced fluids is preferred  Subject to county approval would allow unlined pits when betonite or clay additive is used in drilling and single‐ or multi – well water storage pits in order to  Operator to utilize closed‐loop systems for drilling and completion operations to minimize the need for earthen pits  Operator to utilize pressure separation in conjunction with a vapor recovery unity (VRU) for new wells drilled. Operator may remove the VRU system at such time as operator determines that the VRU ---PAGE BREAK--- SUMMARY OF CERTAIN REGULATORY AND MOU REQUIREMENTS OF CITIES AND COUNTIES BOULDER COUNTY REGULATIONS LOVELAND REGULATIONS FORT COLLINS MOU REQUIREMENTS ARAPAHOE COUNTY MOU REQUIREMENTS ERIE MOU REQUIREMENTS Expedited* Standard Expedited* Standard storage vessels, tanks, separators, pneumatic pumps, dehydrator and compressors shall route natural gas and VOC vapors to a capture and control device with at least a 98% VOC destruction efficiency, to the maximum extent practicable  Any flare, auto ignition system, recorder, vapor recovery device or other equipment used to meet the 98% VOC destruction or control efficiency requirement shall be installed, calibrated, operated and maintained in accordance with manufacturer’s instructions  Green completion for wells with hydraulic fracturing including re‐ inject recovered liquids into a well and route recovered gas into a flow line or collection system with no direct release to the atmosphere, if compliance with the prior is infeasible, applicant must capture and direct emissions to a completion combustion device equipped with a reliable continuous ignition source  All flares shall be fired with natural gas, designed to ensure no visible emissions except for periods not to exceed 5 minutes during any 2 consecutive hours, contain an automatic flare ignition system with pilot flame monitored, if pilot goes out a telemetry or visible alarm must be in place, if using an electric arc ignition must pulse and be monitored continuously  Applicant to develop a leak detection and technology  Submit annual reports to director certifying compliance with air quality requirements and documenting non‐ compliance requirements plus  Combustions devices with flares that comply with federal law, a pilot flame continuously monitored and recorded and automatic ignition if flare is extinguished  Leak detection repair plan incorporated in local permit  No or low bleed pneumatic controllers, where available  In well completion stage, operator to minimize route recovered gas to pipelines or capture the recovered gas to a combustion device, maximize resource recovery and minimize releases to the atmosphere during flowback, and maintain a log for each well completion operation in accordance with EPA requirements  Operator to use Best Management Practices (BMP) during well maintenance and blowdowns to minimize or eliminate venting  Gas produced shall be capture and to max extent not flared or vented, except for safety  Operators shall replace rod‐packing from compressors the earlier of every 26,000 hours of operation or 36 months  Annual report to planning on air emissions including inspection dates for leak and repair plan, record of expected and actual air emissions, emission data during well completion activities, date of maintenance activities that minimize air emissions, dates of well maintenance, if venting used explanation of why BMP could not be used, date rod‐packing replaced atmosphere or flaring it off  Well shall be drilled, completed and operated using a closed loop pitless system for containment and/or recycling of all drilling, completion, flowback and produced fluids  Compliance with CDPHE regulations and all state and federal regulations on ozone, methane and hazardous air pollutants  General duty to minimize emissions including development plan to consolidate product treatment and storage facilities, centralize compression facilities, liquids gathering an water delivery systems, telemetric control and monitoring systems, pipeline infrastructure  In undeveloped future drilling area use vapor recovery unit for new wells, which may be removed after 1 year or when not necessary to reduce emission recoveries  During well completion the capture and use of natural gas is preferred over flaring  Flaring shall be continuously monitored on site per COGCC rules  Develop and maintain a lead detection and repair program per EPA methods  A forward‐looking infrared camera shall be used as the preferred implementation method  Company to notify city when camera used in event City wishes to observe  Company and city shall split the costs for a one time baseline sampling and analysis or air quality  The company to complete air quality sampling during well completion  Periodic air monitoring  City may require additional air monitoring needed to respond to emergency events such as minimize the transport of water and promote recycling system is no longer necessary due to reduced emission recoveries and/or efficiencies, but no earlier than one year after the new well is drilled ---PAGE BREAK--- SUMMARY OF CERTAIN REGULATORY AND MOU REQUIREMENTS OF CITIES AND COUNTIES BOULDER COUNTY REGULATIONS LOVELAND REGULATIONS FORT COLLINS MOU REQUIREMENTS ARAPAHOE COUNTY MOU REQUIREMENTS ERIE MOU REQUIREMENTS Expedited* Standard Expedited* Standard component repair program using most effective performance technologies and practices  Well shall be drilled, completed and operated using a closed loop pitless system for containment and/or recycling of all drilling, completion, flowback and produced fluids  Non‐flammable gas may be vented temporarily until flammable gas is encountered where capture or combustion is not feasible  Operation must maximize resource recovery and minimize releases to the atmosphere during flowback and subsequent recovery operation  For wildcat or delineation wells in a location without a pipeline must have combustion device with continuous ignition  Applicant must notify county at least 2 days prior to commencement of completion including well number, latitude and longitude to accuracy of 5 decimals and planned date of drilling and completion/flowback  Gas produced during production must be captured and not flared or vented to the maximum extent practicable  Applicant to maintain a daily log for each well completion operation at each wellhead and contain the records specified in 40 C.F.R. section 60.5420(c)(1)(iii)  Applicant shall use no bleed pneumatic controller where available for the proposed application  Operational plan shall spill, process upsets or accidental released or in response to odor complaints  Company shall respond to air quality action day advisories by CDPHE for front range area by implements air emission reduction measures like minimize vehicle and engine idling, reducing truck traffic, delaying vehicle refueling, suspend fossil fuel powered ancillary equipment or postpone construction activities  Uncontrolled venting prohibited  Exhaust from engines, motors and mechanized equipment vented away from closest residences  Minimize dust from onsite activities so no visible dust emissions form access roads or site to extent practical given wind  No produced water or other process fluid to be used for dust suppression  Avoid dust suppression activities within 300 feet of high water mark of any waterbody, unless dust suppressant is water  Material safety data sheet for any chemical based dust suppressant to city prior to use ---PAGE BREAK--- SUMMARY OF CERTAIN REGULATORY AND MOU REQUIREMENTS OF CITIES AND COUNTIES BOULDER COUNTY REGULATIONS LOVELAND REGULATIONS FORT COLLINS MOU REQUIREMENTS ARAPAHOE COUNTY MOU REQUIREMENTS ERIE MOU REQUIREMENTS Expedited* Standard Expedited* Standard require technologies or practices which minimize or eliminate natural gas emissions during well maintenance or blowdowns and minimize or eliminate emissions or spills during maintenance of pipelines  Applicant shall submit annual reports to county certifying compliance with these air quality requirements and documenting any periods of noncompliance, including date, duration and compliance plan, certified as to truth accuracy and completeness Water Quality**  Operator to implement plan that meets all the requirements below  Assessment and monitoring of plugged and abandoned wells within ¼ mile of projected track of borehole of a proposed well  Operator shall asses the risk of leaking gas or water to the ground surface or subsurface water resources taking into account plugging and cementing procedures described in COGCC report on plugged and abandoned wells  Operator shall contact each surface owner who has an abandoned well on their property to seek permission to access the property in order to test the abandoned well; if permission is not received in 30 days then operator not required to test the well  Test of abandoned well is soil gas survey prior to production of proposed well and 1 year thereafter for 3 years after production has  No significant degradation of surface or groundwater by operations may use methods including provide county with information it gives COGCC to comply with water quality protection standards of rules 317(B), 910 and other applicable  Comply with COGCC rules on sampling of water wells and provide county test results  Notice to all water well owners in ¼ mile prior to frack and in notice state that county advises well owners to establish base line water well test in conformance with county code prior to fracking  Provide plans of down hole construction details like casing and cementing design and inform county how plans prevents significant degradation of surface and drinking water aquifers  COGCC groundwater sampling monitoring Rule 318.A.c  Operator to identify water source and amount of water to be used with disposal of water used on site reported to the city along with haul routes and approximate number of vehicles  When operationally feasible operator shall minimize adverse impacts caused by the delivery of water to the operation  Water quality monitoring plan to comply with COGCC Rule 609, which requires pre‐ and post‐drilling testing and sampling of all available water sources that owner has given consent for sampling and testing and consented to having the sample data made available to the public with a cap of four water sources within ½ mil radius of well site, with water sources including registered water wells, permitted or adjudicated springs and monitoring wells  Company agrees to the following requirements beyond COGCC regulations: analyzing for dissolved metals and sampling intervals at 1, 3 and 6 years, with results to be shared with COGCC, City and landowner  Water stored in pits must be fresh water or brine water free of all visible oil within 24 hours and meeting certain dissolved solid content requirements  Skimming, settling, percolations, evaporation and any type of netted pits are discouraged but may be approved on a case by case basis  Baseline soil sample of pits and analysis may be required if leaks or spills  Multi well pits lined per COGCC standards  If multi‐well pits I use for over 2 years then double lined with leak detection and fluid circulated in four phase separator follow COGCC pit closure rules  Additional fencing of pits may be required pre or post construction if adversely impacting residences, water wells or wildlife  to comply with COGCC Rule 609, which ---PAGE BREAK--- SUMMARY OF CERTAIN REGULATORY AND MOU REQUIREMENTS OF CITIES AND COUNTIES BOULDER COUNTY REGULATIONS LOVELAND REGULATIONS FORT COLLINS MOU REQUIREMENTS ARAPAHOE COUNTY MOU REQUIREMENTS ERIE MOU REQUIREMENTS Expedited* Standard Expedited* Standard commenced  Provide 30 day notice to owner of water wells that Operator will offer to sample all water wells located within 1/4 mile of the projected track of the borehole of a proposed well  Samples of water wells on either side of borehole tract and in different aquifers  Field observations re: damaged or unsanitary wells and potential for pollution shall be included  If methane greater than 1mg/l is detected in water well then gas compositional analysis and isotope analysis of methane to determine gas type if methane increases by more than 5 mg/l between sampling periods or increases more than 10 mg/l operator notifies county, COGCC and well owner immediately  If BTEX and .or TPH detected operator notifies county, COGCC and well owner immediately  Operator good faith efforts to conduct initial baseline testing of water wells prior to setting conductor casing at the site; if access to wells cannot be obtained post completion tests with same parameters repeated 1, 3 and 6 years  Copies of all test results to county within 3 months of collection and to the COGCC  All abandoned well assessment and water well testing conducted with in house or if requested by surface owner, by qualified consultant or engineer approved by Director  These requirements not requires pre‐ and post‐ drilling testing and sampling of all available water sources that owner has given consent for sampling and testing and consented to having the sample data made available to the public with a cap of four water sources within ½ mil radius of well site, with water sources including registered water wells, permitted or adjudicated springs and monitoring wells ---PAGE BREAK--- SUMMARY OF CERTAIN REGULATORY AND MOU REQUIREMENTS OF CITIES AND COUNTIES BOULDER COUNTY REGULATIONS LOVELAND REGULATIONS FORT COLLINS MOU REQUIREMENTS ARAPAHOE COUNTY MOU REQUIREMENTS ERIE MOU REQUIREMENTS Expedited* Standard Expedited* Standard interpreted to impute or create liability for constituents and concentrations and admissibility in legal proceedings subject to rules of evidence Setbacks** FOR NEW WELL PADS:  Well head, pumping units, tanks and treaters are at least 1000 feet from occupied structure  Well head, pumping units, tanks and treaters are at least 500 feet from any surface water body including ditches, reservoirs, domestic or commercial water wells  Well head, pumping units, tanks and treaters are not located in a platted subdivision, except outlots of non‐urban PUDs  Well head, pumping units, tanks and treaters are not located in a high hazard geologic area, floodway or natural communities, natural landmarks and natural areas, including riparian corridors or critical wildlife habitat FOR EXISTING WELL PADS:  Well head, pumping units, tanks and treaters are at least 500 feet from occupied structure  Well head, pumping units, tanks and treaters are at least 300 feet from any surface water body including ditches, reservoirs, and at least 500 feet from any domestic or commercial water irrigation wells  Well head, pumping units, tanks and treaters are not located in a platted subdivision  Well head, pumping units, tanks and treaters are not located in a floodway  No specific mandatory setback  Applicable setback to be determined based upon application of all land use plans  500 feet from an occupied building or such greater distance as required by the COGCC except that facilities shall be 1000 from any building or outdoor assembly areas that can be occupied by 50 or more persons  200 feet from public roads, above ground utility lines, railroads or lease area line or such greater distance as required by the COGCC  500 feet from natural area, wetland, city parks, high water line of any surface water body, FEMA floodway, conservation easement or such greater distance as required by the COGCC  500 fee from any domestic or commercial water well or such greater distance as required by the COGCC COGCC setback Rule 603  Intent of company to maximize setbacks fro occupied building and residences beyond the setbacks required by COGCC to extent feasible and practicable  All pits within ¼ mile of residence or water well discouraged and may have additional fencing requirements  Operator to maximize equipment and wellhead setbacks from occupied buildings and residences to extent feasible and practicable as determined by operator ---PAGE BREAK--- SUMMARY OF CERTAIN REGULATORY AND MOU REQUIREMENTS OF CITIES AND COUNTIES BOULDER COUNTY REGULATIONS LOVELAND REGULATIONS FORT COLLINS MOU REQUIREMENTS ARAPAHOE COUNTY MOU REQUIREMENTS ERIE MOU REQUIREMENTS Expedited* Standard Expedited* Standard Plugging and Abandoning  Comply with COGCC rules on plugging and abandonment and provided county with survey coordinates of abandoned well and leave onsite permanent marker  Comply with COGCC rules on plugging and abandonment and provided county with survey coordinates of abandoned well and leave onsite permanent marker  COGCC rule 319  Copies of COGCC report to city  Advance notification to fire dept  surveyed coordinate of location to planning and marker  notice of pipeline abandon to planning Road Impact  transportation plan designed to ensure public safety and maintain quality of life  use of private roads wherever available  transportation fees paid prior to issuance of construction permit  access points on the site and access points to public roads to be built and maintained in accordance with specifications and standards as defined in the Transportation Standards  minimize impact to county infrastructure and costs necessitate by operations responsibility of applicant; if applicant disagrees with infrastructure costs may propose alternative route and applicant may perform traffic engineering study to challenge costs  obtain all transportation permits including oversize and overweight as well as CDOT permits  Vehicle tracking control practices used to control sediment including road and pad design to minimize rutting and tracking and traction chains removed before entering county road  transportation plan designed to ensure public safety and maintain quality of life  use of private roads wherever available  transportation fees paid prior to issuance of construction permit  access points on the site and access points to public roads to be built and maintained in accordance with specifications and standards as defined in the Transportation Standards  minimize impact to county infrastructure and costs necessitate by operations responsibility of applicant; if applicant disagrees with infrastructure costs may propose alternative route and applicant may perform traffic engineering study to challenge costs  obtain all transportation permits including oversize and overweight as well as CDOT permits  Vehicle tracking control practices used to control sediment including road and pad design to minimize rutting and tracking and traction chains removed before entering county road  Remove chains before entering city  measures to prevent must tracking on public streets  access plan, description of vehicles and weight; bonding or indemnify and insurance  operator provide city $25,000 performance security for each well to repair damages to city’s public rights of way caused by operator’s use  access roads to be 20 feet wide with unobstructed overhead clearance of 13 feet and 6 inches thick compacted to 95% with grades to drain off of roadway  Remove chains before entering city  Prohibition against mud tracking onto streets and requirement to clean any streets of such  Transportation and circulation plan for drilling operations on public streets and roads including weight of vehicle, number of trips etc. at concept review  Operator to provide traffic management plan and site preparation, mobilization and demobilization plan to town and for informational purposes only which operator may revise during operations ---PAGE BREAK--- SUMMARY OF CERTAIN REGULATORY AND MOU REQUIREMENTS OF CITIES AND COUNTIES BOULDER COUNTY REGULATIONS LOVELAND REGULATIONS FORT COLLINS MOU REQUIREMENTS ARAPAHOE COUNTY MOU REQUIREMENTS ERIE MOU REQUIREMENTS Expedited* Standard Expedited* Standard Hydraulic Fracturing**  Identification of all products used or stored on site, including data sheets in emergency response plan (see below)  COGCC regulations 205.A  file chemical disclosure with fire dept same time as COGCC  file name of chemicals, volume, storage, containment and disposal methods for all drilling and completion chemicals used on site;  Fracture chemicals uploaded on Frac Focus;  No chemicals, flowback from fracturing or produced water to be stored on site Berms  Steel‐rim berms required around tanks and separators at new well pads; to be inspected regularly and maintained  Ignitions sources installed inside secondary containment area per API Recommended Practices RP‐D16  Containment berms shall be constructed of steel rings and installed to prevent leakage and resist degradation  Secondary containment tanks shall be constructed with or engineered liners that contain all primary containment vessels and flowlines and is mechanically connected to the steal ring to prevent leakage  For locations within 500 feet and up gradient of surface water body, tertiary containment, such as earthen berm is required around production facilities  Berm inspected by operator on weekly basis for discharge and within 48 hours of a precipitation event  Operator to utilize steel rim berms around tanks and separators instead of sand or soil berms, unless otherwise requested by surface owner or because of operational reasons Pipelines Flowlines  Newly constructed or substantially modified pipelines on site must comply with additional provisions at Article 4‐ 514(e)(5)(a)‐(g); and comply with Article 4‐ 514(E) if off site  Not required to be located on a building lot or comply with lot size requirement for applicable district  Flow lines, gathering lines and transmission lines to be buried and sited a minimum of fifty (50) feet away from residential, commercial and industrial buildings, as well as high‐  Newly constructed or substantially modified pipelines on site must comply with additional provisions at Article 4‐ 514(e)(5)(a)‐(f); and comply with Article 4‐ 514(E) if off site  Not required to be located on a building lot or comply with lot size requirement for applicable district  Flow lines, gathering lines and transmission lines to be buried and sited a minimum of fifty (50) feet away from residential, commercial and industrial buildings, •New pipelines shall be sited 50 feet from buildings and high water mark of surface water body, aligned with roads to max extent and minimize surface impacts to reduce habitat disturbance, to max extent share existing pipeline right of way, and use boring technology when crossing water or wetlands to minimize negative impacts to channel, bank and riparian areas.  To maximum extent reasonable all flow lines, gathering lines and transmission line shall be sited a minimum of 50 feet from residential, commercial and industrial building and from high‐water mark of any surface water body to be measured from nearest edge of pipeline  To maximum extent feasible pipelines shall be aligned with established roads in order to minimize surface impacts and reduce habitat fragmentation and disturbance  To maximum extent feasible operator to share pipelines and minimize negative ---PAGE BREAK--- SUMMARY OF CERTAIN REGULATORY AND MOU REQUIREMENTS OF CITIES AND COUNTIES BOULDER COUNTY REGULATIONS LOVELAND REGULATIONS FORT COLLINS MOU REQUIREMENTS ARAPAHOE COUNTY MOU REQUIREMENTS ERIE MOU REQUIREMENTS Expedited* Standard Expedited* Standard water mark of any surface water body; lines that are within 150 feet of residential, commercial and industrial building shall have a leak detection, secondary containment or other mitigation measures in place  To the extent possible, pipelines should align with established roads to reduce surface impacts, habitat fragmentation and disturbance  Applicants should share existing pipeline rights‐of‐ way to minimize surface impacts  Applicants should use boring technology or alternative director approved most effective performance techniques and practices when crossing waterways to minimize negative impacts to the channel, bank or riparian areas  Operators to install wildlife crossovers and escape ramps in well defined game trails, at a minimum of ¼ mile intervals, over trenches greater than five feet wide that are to be left open for more than five days.  Applicant of a pipeline may be required to provide a risk‐based engineering study for all or part of the right‐of‐way that may require implementation of more stringent construction or operation standards or space between the pipeline and other structures as well as high‐water mark of any surface water body; lines that are within 150 feet of residential, commercial and industrial building shall have a leak detection, secondary containment or other mitigation measures in place  To the extent possible, pipelines should align with established roads to reduce surface impacts, habitat fragmentation and disturbance  Applicants should share existing pipeline rights‐ of‐way to minimize surface impacts  Applicants should use boring technology or alternative director approved most effective performance techniques and practices when crossing waterways to minimize negative impacts to the channel, bank or riparian areas  Operators to install wildlife crossovers and escape ramps in well impacts to channels and banks of water ways, and riparian areas.  Record location of all flowlines with city and county clerk and record abandonment of flowlines within 30 days ---PAGE BREAK--- SUMMARY OF CERTAIN REGULATORY AND MOU REQUIREMENTS OF CITIES AND COUNTIES BOULDER COUNTY REGULATIONS LOVELAND REGULATIONS FORT COLLINS MOU REQUIREMENTS ARAPAHOE COUNTY MOU REQUIREMENTS ERIE MOU REQUIREMENTS Expedited* Standard Expedited* Standard Emergency Response Plan  Operations shall not cause unreasonable risks of emergency situations such as explosions, fires, gas, oil or water pipeline leaks, ruptures, hydrogen sulfide or other toxic gas or fluid emissions or hazardous material vehicle accidents or spills  Operator shall implement an emergency preparedness plan for each operations site which shall be approved by the sheriff, the office of emergency management, and the fire district and updated on an annual basis or as conditions change i.e., ownership change  Emergency plan to include 24 hour contacts  As‐built facilities map for county’s GIS system including sizes and depths of all gathering and transmission lines and associated  Surface operations and functions and transportation routes with pipeline information to be held confidentially and only used in the event of an emergency  Detailed information about potential emergencies  Report all spills outside of containment area or which have the potential to leave the facility  ID Evacuation routes and hospitals  Project specific emergency plan for any project that involves drilling zones of hydrogen sulfide gas  Operator obligated to reimburse emergency response service providers the costs of any emergency  Detailed information that  Operations shall not cause unreasonable risks of emergency situations such as explosions, fires, gas, oil or water pipeline leaks, ruptures, hydrogen sulfide or other toxic gas or fluid emissions or hazardous material vehicle accidents or spills  Operator shall implement an emergency preparedness plan for each operations site which shall be approved by the sheriff, the office of emergency management, and the fire district and updated on an annual basis or as conditions change i.e., ownership change  Emergency plan to include 24 hour contacts  As‐built facilities map for county’s GIS system including sizes and depths of all gathering and transmission lines and associated  Surface operations and functions and transportation routes with pipeline information to be held confidentially and only used in the event of an emergency  Detailed information about potential emergencies  Report all spills outside of containment area or which have the potential to leave the facility  ID Evacuation routes and hospitals  Project specific emergency plan for any project that involves drilling zones of hydrogen sulfide gas  Operator obligated to reimburse emergency response service providers the costs of  All reasonable measures to assure no unreasonable risk for explosions, fires, leaks, emissions, spills  Plan to include  contacts, map ID of pipelines and valves, report spill to fire dept & planning  list of evac routes and hospitals  project specific plan for drilling  operator reimbursement of emergency response service  detail info on adequate personnel, supplies and funding for emergency response  operator to reimburse emergency response costs to city agency  Plan to include 24 hour emergency contacts, map ID of facilities, gathering and transmission lines and equipment, isolations valves, surface operations and their functions, transportation routes suitable for input in city’s GIS system;  list of evac routes and hospitals  information on potential emergencies associated with operations  reporting plan to emergency dispatch for all spills outside containment area that have potential to leave facility  project specific emergency plan for any project that involves drilling or penetrating zones of hydrogen sulfide gas  Operator obligated to reimburse emergency response service providers the costs of any emergency  Detailed information that the applicant has the financial ability to implement emergency response immediately and at all times  Identification of all products used and stored or transported to the site including data sheets  Plan by which operator engages neighbors about the risks and benefits of the  Operator to provide county and all emergency services providers willing to serve well site an emergency response plan to address all potential emergencies ---PAGE BREAK--- SUMMARY OF CERTAIN REGULATORY AND MOU REQUIREMENTS OF CITIES AND COUNTIES BOULDER COUNTY REGULATIONS LOVELAND REGULATIONS FORT COLLINS MOU REQUIREMENTS ARAPAHOE COUNTY MOU REQUIREMENTS ERIE MOU REQUIREMENTS Expedited* Standard Expedited* Standard the applicant has the financial ability to implement emergency response immediately and at all times  Identification of all products used and stored or transported to the site including material safety data sheets  Plan by which operator engages neighbors about the risks and benefits of the operations any emergency  Detailed information that the applicant has the financial ability to implement emergency response immediately and at all times  Identification of all products used and stored or transported to the site including material safety data sheets  Plan by which operator engages neighbors about the risks and benefits of the operations Inspection  County has the right to enter any site under approved development plan provided that twenty‐four (24) hours prior notice is provided to applicant’s designated contact person  Each approved plan shall contain a statement that “Applicant hereby consents to allow the County the right to inspection of this approved operation provided the County contacts the Applicant with twenty‐four (24) hours prior notice of such inspection.”  Inspections shall be coordinate to ensure Applicant presence on site and conducted in accordance with all applicable Applicant safety requirements  Operations may be inspected by city inspectors limited to those matters directly enforceable by the city and city inspector may refer state issues to the COGCC  City right to enter operations area after notice to operator and opportunity for operator to be present  City’s enforcement limited to those conditions that are not in operational conflict with state law or regulations and any enhanced standards agreed to by the operator through the administrative review process  City has right to inspect company’s operations during business hours upon giving 24 hour advance written notice to all existing and new wells; City acknowledges that nothing in MOU grants City authority to asses fees for inspections of operations  Operator agrees to allow the county to access all facilities for inspections, provided county personnel in appropriate protections gear and follows operator’s safety rules, including pit locations prior to construction  County reserves right to report non‐compliance issues Venting/ Discharge  open‐ended discharge valves secured  exhaust from engines and other mechanized equipment vented up and away from closest occupied structure  open‐ended discharge valves secured  exhaust from engines and other mechanized equipment vented up and away from closets occupied structure  Open‐ended discharge valves on all storage tanks, pipelines and other containers and placed with interior of secondary containment tank  No discharge of fluids as required by closed looped and green completion provisions ---PAGE BREAK--- SUMMARY OF CERTAIN REGULATORY AND MOU REQUIREMENTS OF CITIES AND COUNTIES BOULDER COUNTY REGULATIONS LOVELAND REGULATIONS FORT COLLINS MOU REQUIREMENTS ARAPAHOE COUNTY MOU REQUIREMENTS ERIE MOU REQUIREMENTS Expedited* Standard Expedited* Standard Spills Comply with all state and federal laws Comply with all state and federal laws Comply with all state and federal laws  Spills reported in accordance with state and federal laws  If spill impacts surface water or water well, company to immediately notify affected or potentially affected owner and notify the city within 24 hours  Any spill or release that is reportable to COGCC simultaneously reported to county Water Use  identify water sources and disposal methods  minimize truck use and local supplier where economically feasible  identify water sources and disposal methods  Comply with CDPHE standards  Where feasible, temporary surface water lines are encouraged  Operator may utilize county road right of way and drainage culverts where practicable for temporary water lines Access Roads  temporary access roads reclaimed and re‐ vegetated in 60 days after discontinued use  temporary access roads reclaimed and re‐ vegetated in 60 days after discontinued use   20 feet wide  graded & graveled  13’ overhead’ clearance  6 inch base  95% compact class 6 aggregate  grades drain away road and cross‐drainage to waterway include culvert pipe  temporary access roads reclaimed and re‐vegetated  operator agrees to construct access road to support 75,000 pounds to accommodate emergency response vehicles  roads at least sixteen feet wide and 4 inch base  best efforts to improve inadequate access to existing tank batteries  spot inspections of access roads by county or emergency response agencies  operator to apply for permit to public roads which may include access location requirements, pre and post inspection of roadways, collateral or bond to insure damage, dust control plan, road maintenance agreement and payment of all applicable fees  operator agrees to use reasonable effort to minimize heavy truck traffic within ---PAGE BREAK--- SUMMARY OF CERTAIN REGULATORY AND MOU REQUIREMENTS OF CITIES AND COUNTIES BOULDER COUNTY REGULATIONS LOVELAND REGULATIONS FORT COLLINS MOU REQUIREMENTS ARAPAHOE COUNTY MOU REQUIREMENTS ERIE MOU REQUIREMENTS Expedited* Standard Expedited* Standard neighborhoods between 9 pm and 6 am and work with school district to minimize traffic conflicts with school buses  permit all vehicles as required by law Stormwater quality and dust control  Minimize dust associated with traffic and operations so no visible dust emissions to the extent practical given wind and comply with county best management practices  Stormwater control plan with most effective techniques and best management practices  Minimize dust associated with traffic and operations so no visible dust emissions to the extent practical given wind and comply with county best management practices  Stormwater control plan with most effective techniques and best management practices COGCC rule 805  Stormwater control plan to comply with city storm criteria and erosion control  Operator to provide plan for noise, light and dust mitigations to the extent feasible and practicable for informational purposes only which operator may revise during operations Cultural, Historic, Natural , Recreational or Scenic Resources  No significant degradation of cultural or historic or archaeological sites eligible for landmarking  No significant degradation to identified natural areas including plants, riparian or critical wildlife habitat or to recreational activities or scenic attributes and rural character to include buffering, maintaining natural screening, siting criteria, and low profile tanks No significant degradation of cultural or historic sites  If significant archaeological site discovered report to city  Company responsible for mitigating disturbance of historical or cultural property through a data recovery plan approved by the City  Ecological characterization study if any new well is within 500 feet of a natural habitat or feature with mitigation so no net resource loss  Installation and operation of operations shall not cause significant degradation to the quality o and quantity of recreational activities in the city, including locating operations away from trails and property used for recreational purposes and using existing well pads Wildlife Protection & Wetlands & Drainage  No significant degradation to identified natural areas including plants, riparian or critical wildlife habitat  No significant degradation of wetlands and not alter historic drainage patterns or flow rates with mitigation to compensate for drainage impacts COGCC 1200 series rules ---PAGE BREAK--- SUMMARY OF CERTAIN REGULATORY AND MOU REQUIREMENTS OF CITIES AND COUNTIES BOULDER COUNTY REGULATIONS LOVELAND REGULATIONS FORT COLLINS MOU REQUIREMENTS ARAPAHOE COUNTY MOU REQUIREMENTS ERIE MOU REQUIREMENTS Expedited* Standard Expedited* Standard Reclamation & Abandonment  Local permit shall include any COGCC required interim and final reclamation procedures  Local permit shall include any COGCC required interim and final reclamation procedures  COGCC 1000 series rules  interim and final reclaim plan  Operator to provide plan for reclamation and re‐ vegetation of site and final reclamation of the site for informational purposes only which operator may revise during operations Noise Equipment must comply with maximum permissible noise levels of 25‐12‐103 CRS Equipment must comply with maximum permissible noise levels of 25‐12‐103 CRS  COGCC rule 802  Exhaust vented up away from closest residence  additional requirements based on location which may include insulation for equip, landscaping, solid wall or fence, plan on hours of noise and lowering level of pumps or tanks  electric powered engines used to mitigate noise and reduce emissions when feasible  noise mitigation measures along any edge of operations site if site is next to residential or zoned for future residential  compliance with COGCC rule  submittal of noise mitigation study to demonstrate noise will be decreased to maximum extent feasible  operator to provide the local government designee contact information for noise complaints 24 hours a day and post that information on a sign at the entrance to operations area  Operator to provide plan for noise, light and dust mitigations to the extent feasible and practicable for informational purposes only which operator may revise during operations Fencing Onsite fencing basic, two rung fence of iron pipe around well head unless safety or agricultural concerns require additional fencing Onsite fencing basic, two rung fence of iron pipe around well head unless safety or agricultural concerns require additional fencing Permanent 6 feet fence that is solid, opaque and masonry, stucco steel or other similar materials, but chain link allowed if for safety  Permanent perimeter fencing around production equipment  Fencing to be visually interesting and landscaping may be used fro screening Land Disturbance Standards  standard plus minimal size to satisfy present and future operations needs  operations must be compatible with topography and existing vegetation  minimize disturbance with wetlands  minimize amount of cut and fill  to maximum extent possible operations may not be located in geologic hazard area  minimum pad and equipment size necessary to accommodate operations  minimize cut &fill  share existing infrastructure and minimize new facilities to max extent feasible  drought tolerant landscape with irrigation plan for first two years and permanent irrigation if practicable  written description of existing vegetation for baseline for re‐ vegetation on final reclaim or abandonment  operations sited so compatible with surrounding land use to max extent possible using the following  minimum pad and equipment size necessary to accommodate operations  minimize cut &fill  share existing infrastructure and minimize new facilities to max extent feasible  drought tolerant landscape with irrigation plan for first two years and permanent irrigation if practicable  written description of existing vegetation for baseline for re‐ vegetation on final reclaim or abandonment  ‐increase buffer when within 100 feet public street ---PAGE BREAK--- SUMMARY OF CERTAIN REGULATORY AND MOU REQUIREMENTS OF CITIES AND COUNTIES BOULDER COUNTY REGULATIONS LOVELAND REGULATIONS FORT COLLINS MOU REQUIREMENTS ARAPAHOE COUNTY MOU REQUIREMENTS ERIE MOU REQUIREMENTS Expedited* Standard Expedited* Standard techniques: as far as possible for surrounding land use, natural features, consideration of prevailing weather patterns and avoid hilltops and ridges Lighting  except during drilling down‐lighting with shields  Plan indicating all lighting on site and fixtures  except during drilling down‐lighting with shields  Plan indicating all lighting on site and fixtures  COGCC rule 803  except during drilling down‐lighting with shields  Plan indicating all lighting on site and fixtures  Except during drilling, completion and other operational activities requiring additional lighting, down lighting is requirement meaning all bulbs must be fully shielded to prevent light emissions above a horizontal plane drawn from the bottom of the fixture  A lighting plan shall be developed to establish compliance  Lighting at operations area directed downward and internally and temporary lighting to conform to COGCC rules  Operator to provide plan for noise, light and dust mitigations to the extent feasible and practicable for informational purposes only which operator may revise during operations Visual Mitigation  facilities painted in uniform, non‐contracting, non‐reflective color  facilities painted in uniform, non‐ contracting, non‐ reflective color  operations should be buffered from visual areas roads, property lines and residences) by landscaping the perimeter of the site  operations should be located in areas that maximize the amount of natural screening  operations should minimize the removal of and damage to existing trees and vegetation; vegetation should be feathered and thinned or moved  Compatibility siting criteria of Section 12‐ 703(J) should be used to prevent degradation of scenic attributes and rural character  Use of low profile tanks and less intrusive equipment  Operations should be located as far as possible from surrounding land uses  Operations should be  tree & shrub landscape buffer yard around entire production site at a # of plants per lineal feet  paint uniform & blend to surround  to max extent possible away from prominent natural features, avoid crossing hills & ridges, @ base of slopes  access roads aligned existing grades  may require landscape, cut and fill to natural forms and natural screen  facilities painted in uniform, non‐contracting, non‐ reflective color to blend with landscape and land rather than the sky  facilities painted in uniform, non‐ contracting, non‐ reflective color that is darker to blend with landscape and land rather than the sky ---PAGE BREAK--- SUMMARY OF CERTAIN REGULATORY AND MOU REQUIREMENTS OF CITIES AND COUNTIES BOULDER COUNTY REGULATIONS LOVELAND REGULATIONS FORT COLLINS MOU REQUIREMENTS ARAPAHOE COUNTY MOU REQUIREMENTS ERIE MOU REQUIREMENTS Expedited* Standard Expedited* Standard sited away from prominent natural features, distinctive rock formations, land forms, vegetative patters, river and streams and other landmarks or visual or scenic resources etc. Permanent Equipment  all permanent equipment electrified from power grid or renewal resources unless county determines infeasible  all permanent equipment electrified from power grid or renewal resources unless county determines infeasible Equipment Removal  remove equipment in 30 days; no permanent storage of equipment at well site  remove equipment in 30 days; no permanent storage of equipment at well site  remove equipment in 30 days; no permanent storage of equipment at well site  all equipment used for drilling, re‐completion and maintenance removed within 30 days of completion of work unless otherwise agreed to by surface owner and no permanent storage of equipment on well pad sites Weed Control  comply with COGCC standard on weed control  comply with COGCC standard on weed control  land within 25 feet of any tank, pit or structure free of dried weeds, grass or rubbish  Comply with all applicable law, including city’s weed control ordinance  All land within 25 feet of tank or other structure containing flammable or combustible materials kept free of dry weeds, grass or rubbish and conform with fire code  Company responsible for weed control  Operator responsible for noxious weed control on any facility from drilling through closure Miscellaneous  all mechanized equipment anchored to minimize transmission of vibrations through the ground  copies of local, state and federal permits provided to land use department  no burning of trash at operations area  routine maintenance of vehicles or mobile machinery not performed within 300 feet of any water body  Remove debris  methods approved by county approved plan includes all operator verbal representations of record  all mechanized equipment anchored to minimize transmission of vibrations through the ground  copies of local, state and federal permits provided to land use department  no burning of trash at operations area  routine maintenance of vehicles or mobile machinery not performed within 300 feet of any water body  Remove debris  methods approved by county  approved plan includes all operator verbal representations of record  COGCC mitigation requirements of rule 604.c  Meet municipal code sound limitations and provide noise mitigation study re: same and construct a noise screen along the edge of the facility between the facility and existing residential or zoned residential  Applicant must request any requirements not required by COGCC to be added to COGCC permit as requirements  use of electric service if available and gas or diesel generators only temporary  Maintain equipment  record flowline locations  Remove debris  comply with sign code  reclaim temporary access roads  comply all applicable law, including city’s street, electric, water, trash & building & flood plain permit code  approved plan includes all operator verbal representations of record  15 day advance notice of seismic operations to fire dept  no housing on site  company exempt from the ban as long as operations are in accordance with MOU  all mechanized equipment anchored to resist collapse, lateral movement or flotation; identify buried anchors  No open burning at the operations site  Remove debris from operations area for proper disposal and maintain site free of debris  No burning of materials onsite  City at its discretion may conduct soil gas monitoring to assess casing integrity, typically within 90 days of well completion and with prior notification to company  Trailer or office is permitted as an accessory use during drilling and completion  Operator to obtain erosion permit where necessary  County requirements made part of COGCC permit requirements  Applicant must request MOU requirements be added to COGCC permit as requirements  Provide updates of all plans required by MOU to Town ---PAGE BREAK--- SUMMARY OF CERTAIN REGULATORY AND MOU REQUIREMENTS OF CITIES AND COUNTIES BOULDER COUNTY REGULATIONS LOVELAND REGULATIONS FORT COLLINS MOU REQUIREMENTS ARAPAHOE COUNTY MOU REQUIREMENTS ERIE MOU REQUIREMENTS Expedited* Standard Expedited* Standard  applications fees  operator to pay costs of city’s consultant to review application  operator to procure comprehensive general liability insurance insuring operator and naming the city as additional insured for personal or bodily injury arising out of operators permitted operations in amount of $1 million per occurrence * Other than meeting, timing and notice requirements, the expedited requirements are in addition to the standard requirements Issue from Town Hall Meeting