8514 - EMERGENCY ORDINANCE AMENDING TITLE 9, “LAND USE CODE,” B.R.C 1981, TO ADD CONDITIONAL USE STANDARDS FOR OIL AND GAS OPERATIONS, AMENDING TITLE 3, “REVENUE AND TAXATION,” B.R.C. 1981, TO ADOPT AN OIL AND GAS POLLUTION TAX, REPEALING ORDINANCE 8435,1
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ORDINANCE 8514
AN EMERGENCY ORDINANCE AMENDING TITLE 9, “LAND
USE CODE,” B.R.C 1981, TO ADD CONDITIONAL USE
STANDARDS FOR OIL AND GAS OPERATIONS, AMENDING
TITLE 3, “REVENUE AND TAXATION,” B.R.C. 1981, TO
ADOPT AN OIL AND GAS POLLUTION TAX, REPEALING
ORDINANCE 8435, AND SETTING FORTH RELATED
DETAILS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. Title 3, “Revenue and Taxation,” B.R.C. 1981, is amended by the addition of a
new Chapter 21, to impose the Oil and Gas Pollution Tax approved by the voters in November,
2018, to read as follows:
Chapter 21 - Oil and Gas Pollution Tax
3-21-1 - Legislative Intent.
This chapter is to impose the oil and gas pollution tax approved by the voters in
November 2018 as provided in Ordinance 8264. This chapter is being added to this code at the
same time as the oil and gas provisions in Title 9, “Land Use Code,” B.R.C. 1981, allowing the
extraction of oil and natural gas within the city limits. The voters approved a tax at the rate of up
to $6.90 per barrel of oil and up to $0.88 per thousand cubic feet of natural gas for oil or gas
extracted within the city limits. The city council has determined to set the rate of the tax at the
full amount approved by the voters for oil or gas extracted within the city limits. This rate was
determined based on the societal cost of fossil fuels.
3-21-2 - Imposition and Rate of Tax.
(a)Oil Excise Tax. There is levied and shall be paid and collected an excise tax of $6.90 per
barrel of oil extracted within the city limits.
(b)Natural Gas Excise Tax. There is levied and shall be paid and collected an excise tax of
$0.88 per cubic foot of natural gas extracted within the city limits.
3-21-3 - Vendor Liable for Tax.
(a)Oil Excise Tax. The operator of oil and gas operations with a point of extraction within
the city shall pay the tax on oil imposed by this chapter.
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(b)Natural Gas Excise Tax. The operator of oil and gas operations with a point of extraction
within the city shall pay the tax on gas imposed by this chapter.
(c)The burden of proving that any transaction is not subject to the tax imposed by this
chapter is upon the person who has the duty to collect the tax imposed.
3-21-4 - Definitions.
For purposes of this chapter, extraction occurs at the well pad.
Section 2. Section 4-20-43, “Development Application Fees,” B.R.C 1981, is amended as
follows:
4-20-43. –Development Application Fees.
….
(b)
….
(30)An operator for an oil and gas operations use registering or renewing an operator
registration shall pay
…...............................................................................................................................$500
(31) An applicant for a geophysical exploration permit shall
pay…......................................................................................................................$1,050
(32) An applicant for a well and pipeline abandonment or decommissioning permit shall
pay……………………………………………………………………………...…..$274
(33) An application fee paid under this section may be refunded, but only if an
unambiguous written request to withdraw the application and refund the fee is
received in the city office where the application was presented within five days of the
date on which the application was received at that office.
Section 3. Section 9-2-1, “Types of Reviews,” B.R.C. 1981, is amended as follows:
9-2-1. Types of Reviews.
(a)Purpose: This section identifies the numerous types of administrative and development
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review processes and procedures. The review process for each of the major review types is
summarized in Table 2-1 of this section.
(b) Summary Chart:
TABLE 2-1: REVIEW PROCESSES SUMMARY CHART
I. ADMINISTRATIVE
REVIEWS
II. ADMINISTRATIVE
REVIEWS -
CONDITIONAL USES as
noted in Table 6-1 "Use
Table"
III. DEVELOPMENT
REVIEW AND BOARD
ACTION
Affordable housing design
review pursuant to Section 9-
13-4, B.R.C. 1981
Building permits
Change of address
Change of street name
Demolition, moving, and
removal of buildings with no
historic or architectural
significance, per Section 9-
11-23, "Review of Permits
for Demolition, On-Site
Relocation, and Off-Site
Relocation of Buildings Not
Designated," B.R.C. 1981
Easement vacation
Extension of development
approval/staff level
Landmark alteration
certificates (staff review per
Section 9-11-14, "Staff
Review of Application for
Landmark Alteration
Certificate," B.R.C. 1981)
Landscape standards variance
Minor modification to
Accessory Units (Dwelling,
Owners, Limited)
Wireless Communications
Facilities
Attached Dwelling Units and
Efficiency Living Units in the
University Hill General
Improvement District
Bed and Breakfasts
Cooperative Housing Units
Daycare Centers
Detached Dwelling Units
with Two Kitchens
Fuel Service Stations
Group Home Facilities
Industrial Service Center
Manufacturing Uses with
Off-Site Impacts
Medical or Dental Clinics or
Offices or Addiction
Recovery Facilities in the
Industrial General Zoning
District near the Boulder
Community Health Foothills
Annexation/initial zoning
BOZA variances
Concept plans
Demolition, moving, and
removal of buildings with
potential historic or
architectural significance, per
Section 9-11-23, "Review of
Permits for Demolition, On-
Site Relocation, and Off-Site
Relocation of Buildings Not
Designated," B.R.C. 1981
Form-based code review
Geophysical exploration
permit
Landmark alteration
certificates other than those
that may be approved by staff
per Section 9-11-14, "Staff
Review of Application for
Landmark Alteration
Certificate," B.R.C. 1981
Lot line adjustments
Lot line elimination
Minor Subdivisions
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approved site plan
Minor modification to
approved form-based code
review
Noise barriers along major
streets per Paragraph 9-9-
15(c)(7), B.R.C. 1981
Nonconforming use
(extension, change of use
(incl. parking))
Parking deferral per
Subsection 9-9-6(e), B.R.C.
1981
Parking reduction of up to
fifty percent per Subsection
9-9-6(f), B.R.C. 1981
Parking reductions and
modifications for bicycle
parking per Paragraph 9-9-
6(g)(6), B.R.C. 1981
Parking stall variances
Public utility
Rescission of development
approval
Revocable permit
Right-of-way lease
Setback variance
Campus
Offices, Computer Design
and Development, Data
Processing,
Telecommunications,
Medical or Dental Clinics and
Offices, or Addiction
Recovery Facilities in the
Service Commercial Zoning
Districts
Offices, Computer Design
and Development Facilities,
Medical or Dental Clinics and
Offices, Addiction Recovery
Facilities, and Medical and
Dental Laboratories in the
BMS, BR and BT Zoning
Districts, Not within the
University Hill General
Improvement District, if the
total Floor Area of such Uses
on the Lot or Parcel Exceeds
20,000 square feet
Permit for Well and Pipeline
Abandonment or
Decommissioning of an Oil
and Gas Operations Use
Recycling Facilities
Residential Care, Custodial
Care, and Congregate Care
Facilities
Residential Development in
Industrial Zoning Districts
Residential Uses in the MU-3
Zoning District Fronting
Pearl Street
Out of city utility permit
Rezoning
Site review
Subdivisions
Use review
Vacations of street, alley, or
access easement
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Restaurants, Brewpubs, and
Taverns
Sales or Rental of Vehicles
on Lots Located 500 Feet or
Less from a Residential
Zoning District
Site access variance
Solar exception
Zoning verification
Shelters (Day, Emergency,
Overnight, temporary)
Temporary Sales
Transitional Housing
Certain Uses in BC Areas
designated in Appendix N
Section 4. Section 9-2-15, “Use Review,” B.R.C 1981, is amended as follows:
9-2-15. Use Review.
(a)Purpose: Each zoning district established in Section 9-5-2, "Zoning Districts," B.R.C. 1981,
is intended for a predominant use, but other uses designated in section 9-6-1, "Schedule of
Permitted Land Uses," B.R.C. 1981, may be allowed by use review if a particular use is
demonstrated to be appropriate in the proposed location. Nonconforming uses may be
upgraded or expanded under this section if the change would not adversely affect the traffic
and the environment of the surrounding area or if the change would reduce the degree of the
nonconformity or improve the appearance of the structure or site without increasing the
degree of nonconformity. Nonstandard buildings may be changed, expanded or modified
consistent with the criteria and standards set forth in this section and subsection 9-10-3(a),
B.R.C. 1981.
(b) Application Requirements: An application for an approval of a use review use may be filed
by any person having a demonstrable interest in land for which a use review use is
requested and shall be made on a form provided by the city manager that includes, without
limitation:
(1) All materials and information required by subsection 9-2-6(a), B.R.C. 1981;
(2) A complete site plan showing the major details of the development, including, without
limitation, location of buildings and structures, useable open space, off-street loading
areas, service and refuse areas, means of ingress and egress, landscaping, screening and
existing and proposed signs;
(3) A written statement indicating how the application meets the criteria for approval of
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subsection (e) of this section. Such written statement shall include information relating
to the intensity of uses, amount of traffic generated, hours of operation and other
information that is necessary to determine how the criteria of subsection (e) of this
section will be met; and
(4) For industrial and commercial uses, the city manager may require the applicant to
provide the following additional information and meet the following requirements:
(A) A pollution prevention audit;
(B) Long-term plans for reducing air emissions and use of hazardous materials;
(C) Data on air emissions control processes and demonstration that appropriate
emission control technology is being used;
(D) A description of plans for chemical handling, storage, chemical waste disposal
and spill prevention;
(E) A description of water and energy conservation measures planned for the use; and
(F)Plans for recycling and minimizing waste; and
(G)The requirements specified in Section 9-6-12(b), B.R.C. 1981, related to oil and
gas operations.
(c)Public Notification: After receiving an application the city manager shall provide public
notification pursuant to section 9-4-3, “Public Notice Requirements,” B.R.C. 1981, shall be
provided.
(d) Review and Recommendation:
(1) The city manager will review applications for use review of a nonresidential use in
residential zoning districts, attached and detached dwelling units or a residential use in
a P district, and oil and gas operations and will submit a recommendation to the
planning board for its final action pursuant to subsection 9-2-7(b), B.R.C. 1981.
(2) The city manager shall review and make decisions on all other use review applications
pursuant to subsection 9-2-7(a), B.R.C. 1981.
(3)Reviews by either the city manager or planning board shall be pursuant to section 9-2-
7, “Development Review Action,” B.R.C. 1981.
…
(h)Oil and Gas Operations: The criteria for review in subsection (e) shall not apply to an
application for oil and gas operations. An oil and gas operations use shall meet the criteria set
forth in Section 9-6-12(b), “Oil and Gas Operations,” B.R.C. 1981. Any use review approval
for an oil and gas operations use shall expire, whether operational or not, in 10 years from the
date of final approval. Prior to such expiration for an oil and gas operations use, applicants
will be responsible for submitting a new use review application for an oil and gas operations
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use proposed for operation beyond 10 years. Following approval of any oil and gas operations
use, the applicant shall have two years to obtain the necessary permits to establish the use.
(hi) Amendments and Minor Modifications: No person shall expand or modify any approved
use review use. However, the approved site plan may be modified as provided in Subsection
9-2-14(k), B.R.C. 1981, if it does not expand the use, any changes conform to Section 9-7-
1, "Schedule of Form and Bulk Standards," B.R.C. 1981; the impact on other uses of the
approved use review is not changed; and the change complies with all other provisions of
this title and any other ordinance of the city.
(ij) Expiration: Any use review approval or previously approved special review which is
discontinued for at least one year shall expire. The city manager, upon a finding of good
cause, may grant an extension not to exceed six months from the original date of expiration.
In addition, use review approvals for oil and gas operations are subject to expiration
pursuant to the standards in subsection (h) of this section.
(jk) Appeals and Call-Ups:
(1) The applicant or any interested person may appeal the city manager's decision pursuant
to Section 9-4-4, "Appeals, Call-Ups and Public Hearings," B.R.C. 1981.
(2)A member of the planning board may call-up the manager's decision pursuant to
Section 9-4-4, "Appeals, Call-Ups and Public Hearings," B.R.C. 1981.
(3) The city council may call-up any planning board decision pursuant to Section 9-4-4,
"Appeals, Call-Ups and Public Hearings," B.R.C. 1981.
Section 5. Section 9-4-2, “Development Review Procedures,” B.R.C. 1981, is amended
as follows:
9-4-2. Development Review Procedures.
(a) Development Review Authority: Table 4-1 of this section summarizes the review and
decision-making responsibilities for the administration of the administrative and
development review procedures described in this chapter. The table is a summary tool and
does not describe all types of decisions made under this code. Refer to sections referenced
for specific requirements. Form and bulk standards may also be varied by site review.
Additional procedures that are required by this code but located in other chapters are:
(1) "Historic Preservation," chapter 9-11;
(2) "Inclusionary Housing," chapter 9-13; and
(3) "Residential Growth Management System," chapter 9-14.
TABLE 4-1: SUMMARY OF DECISION AUTHORITY BY PROCESS TYPE
Standard or Application Type Staff/City
Manager
BOZA Planning
Board
City Council
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Code Interpretation
SECTION 9-2-3
D CA(14) CA(30) CA
Setback variance 20%
SECTION 9-2-3
D D — —
Setback variance >20%
SECTION 9-2-3
D — —
Parking access dimensions
SECTION 9-2-2
D — — —
Parking deferral
SECTION 9-2-2
D — — —
Parking reduction 25%
SECTION 9-2-2
D — — —
Parking reduction >25% but
50%
SECTION 9-2-2
D(14) — CA, D(30) CA
Parking reduction >50%
SUBSECTION 9-9-6(f)
— D(30) CA
Parking height, conditional
SECTION 9-7-6
D — — —
Building height, less than
principal or nonstandard
building height max
SECTION 9-2-14
D(14) — CA, D(30) CA
Building height, greater than
principal building height max
SECTION 9-2-14
— — D(30) CA
Building height
SECTION 9-7-5
— — D(30) CA
Conditional Use
SECTION 9-2-1
D — — —
Limited Use
SECTION 9-6-2
D — — —
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Site Review
SECTION 9-2-14
D(14) — CA, D(30) CA
Use Review
SECTION 9-2-15
D(14) — D(30) CA
Form-Based Code Review
SECTION 9-2-16
D(14) — CA, D(30) CA
Annexation
SECTION 9-2-17
— — R D
Rezoning
SECTION 9-2-19
— — R D
Wetland Permit -Simple
SECTION 9-3-9
D — — —
Wetland Permit-Standard
SECTION 9-3-9
D(14) — D(30) CA
Extension of Dev't Approval
1 yr
PARAGRAPH 9-2-12(b)(1)
D — — —
Extension of Dev't Approval
>1 yr
PARAGRAPH 9-2-12(b)(2)
— — D(30) CA
Rescission of Dev't Approval
SUBSECTION 9-2-12(e)
D — — —
Creation of Vested Rights >3
yrs
SECTION 9-2-20
— — R D
Floodplain Dev't Permit
SECTION 9-3-6
D(14) — CA(30) CA
Wetland Boundary change-
Standard
SUBSECTION 9-3-9(e)
— — R D
Geophysical Exploration
Permit
SECTION 9-6-12(b)
D(14) — CA(30) CA
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Substitution of
Nonconforming Use
SECTION 9-10-3
D — — —
Expansion of Nonconforming
Use
SECTION 9-10-3
D(14) — CA(30) CA
Subdivision, prelim plat
SECTION 9-12-7
D — D(30) CA
Subdivision, final plat
SECTION 9-12-8
D(14) — CA(30) CA
Subdivision, minor
SECTION 9-12-5
D(14) — CA(30) CA
Subdivision, LLA or LLE
SECTIONS 9-12-3 and9-12-4
D — — —
Solar Exception
SUBSECTION 9-9-17(f)
D D — —
Solar Access Permit
SUBSECTION 9-9-17(h)
D D — —
Growth Mgmt. Allocations,
Std.
SECTION 9-14-5
D — — —
Growth Mgmt. Allocations,
40 per year
SUBSECTION 9-14-3(f)
D(14) — CA(30) CA
Accessory Bldg Coverage
SUBSECTION 9-7-8(a)
— D — —
Minor Modification of
Discretionary Approval
SUBSECTION 9-2-14(k)
D — — —
Minor Amendment of
Discretionary Approval
SUBSECTION 9-2-14(l)
D(14) — CA(30) CA
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Amendment of Discretionary
Approval not involving height
SUBSECTION 9-2-14(m)
D(14) — CA, D(30) CA
Amendment of Discretionary
Approval involving height
SECTION 9-2-14
— — D(30) CA
KEY:
D = Decision Authority CA = Call-Up and Appeal Authority
R = Recommendation only (n) = Maximum number of days for call-up or appeal
Section 6. Section 9-4-3, “Public Notice Requirements,” B.R.C. 1981, is amended as
follows:
9-4-3. Public Notice Requirements.
(a) Process and Options: When a process or procedure identified in this title requires public
notice, the city manager shall provide such notice according to Table 4-2 of this section. If a
code section does not reference a specific method, the city manager shall determine the
most appropriate notification method to be used.
TABLE 4-2: PUBLIC NOTICE OPTIONS
Public
Notice
Type
Type of Application, Meeting or
Hearing
Mailed Notice Posted
Notice
1 Administrative Reviews (except those
identified below)
none none
2 Subdivisions and Minor Subdivisions To adjacent property owners
and mineral rights owners a
minimum of 10 days before
final action
Post
property a
minimum
of 10 days
from
receipt of
application
and prior
to final
action or
any
hearing
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6
7
8
9
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3 Good neighbor meetings To property owners within 600
feet of subject property a
minimum of 10 days before
meeting
none
4 Solar exceptions, solar access permits,
accessory units
To adjacent property owners a
minimum of 10 days before
final action
Post
property a
minimum
of 10 days
from
receipt of
application
and prior
to final
action or
any
hearing
5 Applications requiring BOZA action,
wetland permit and boundary
determination
To property owners within 300
feet of subject property a
minimum of 10 days before
final action
Post
property a
minimum
of 10 days
from
receipt of
application
and prior
to final
action or
any
hearing
6 Development Review Applications
(site review, use review, annexation,
rezoning, concept plans)
To property owners within 600
feet of subject property and
any mineral rights owners a
minimum of 10 days before
final action
Post
property a
minimum
of 10 days
from
receipt of
application
and prior
to final
action or
any
hearing
7 Form-based code review To property owners and all
addresses within 600 feet of
the subject property and any
mineral rights owners a
minimum of 10 days before
final action
Post
property a
minimum
of 10 days
from
receipt of
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application
and prior
to final
action or
any
hearing
8 Use review applications for oil and gas
operations
To property owners, all
addresses, and the local
government designee of any
local government within 5,280
feet (one mile) of the subject
property and any mineral
rights owners upon finding an
application complete and a
minimum of 10 days before
final action
Post
property a
minimum
of 10 days
from
receipt of
application
and prior
to final
action or
any
hearing
…
Section 7. Section 9-6-1, “Schedule of Permitted Land Uses,” B.R.C. 1981, is amended
as follows:
TABLE 6-1: USE TABLE
…
AGRICULTURE AND NATURAL RESOURCE USES:
Zo
nin
g
Dis
tri
ct
R
R
-
1
,
R
R
-
2
,
R
E
,
R
L
-
1
R
L
-
2
,
R
M
-
2
R
M
-
1
,
R
M
-
3
R
M
X
-
1
R
M
X
-
2
R
H
-
1
,
R
H
-
2
,
R
H
-
4
,
R
H
R
H
-
3
,
R
H
-
7
R
H
-
6
M
H
M
U
-
3
M
U
-
1
M
U
-
2
M
U
-
4
B
T
-
1
,
B
T
-
2
B
M
S
B
C
-
1
,
B
C
-
2
B
C
S
B
R
-
1
,
B
R
-
2
D
T
-
4
D
T
-
5
D
T
-
1
,
D
T
-
2
,
D
T
-
3
I
S
-
1
,
I
S
-
2
I
G
I
M
I
M
S
P A
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
-
5
Us
e
Mo
dul
es
R
1
R
2
R
3
R
4
R
5
R
6
R
7
R
8
M
H
M
1
M
2
M
3
M
4
B
1
B
2
B
3
B
4
B
5
D
1
D
2
D
3
I
1
I
2
I
3
I
4
P A A
dd
iti
on
al
Re
fe
re
nc
es
Form-Based Code Areas Uses A
pp
en
di
x
M
AGRICULTURE AND NATURAL RESOURCE USES:
Op
en
spa
ce,
gra
zin
g
and
pas
tur
es
* * * * * * * * * * * * * * * * * * * * * * * * * A A
Co
m
mu
nit
y
gar
den
s
C C C C C C C C C C C C C C C C C C C C C C C C C C C 9-
6-
5(
a)
Cr
op
pro
duc
tio
n
A A A A A A A A A A A A * * * * * * * * * * * * * A A
Mi
nin
g
ind
* * * * * * * * * * * * * * * * * * * * * * * U * * U
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ust
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…
Section 8. Section 9-6-4, “Conditional Use and Use Review Standards – Residential
Uses,” B.R.C. 1981 is amended as follows:
9-6-4. Conditional Use and Use Review Standards - Residential Uses.
…
(f) Residential Development in Industrial Zoning Districts: The following standards and
criteria apply to any residential development including attached or detached dwelling units,
custodial care units, residential care units, congregate care units, boarding and rooming
houses, cooperative housing units, fraternities, sororities, dormitories and hostels proposed
to be constructed in the IG or the IM zoning district classifications:
…
(6) Bulk and Density Requirements: All residential development shall be subject to the
bulk and density standards set forth in Section 9-7-1, "Schedule of Form and Bulk
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Standards," B.R.C. 1981, and the landscaping for the underlying zoning district, except
as modified by the following:
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(F)Setbacks from Existing Oil and Gas Operations: The use is located no closer than
2,000 feet from a well pad of an existing single-well oil and gas operations use in
pre-production, no closer than 2,500 feet from any well pad of an existing multi-
well (two or more) oil and gas operations use in pre-production, and no closer
than 500 feet from any well pad of an existing oil and gas operations use in
production. The use is located no closer than 250 feet from any oil and gas
operations use that is capped and abandoned pursuant to the requirements of
Section 9-6-12(b)(15), B.R.C. 1981.
…
Section 9. Section 9-6-5, B.R.C. 1981, is repealed and reserved as follows:
9-6-5. Reserved
Section 10. Title 9, “Land Use Code,” B.R.C. 1981, is amended by the addition of a new
Section 12 within Chapter 6 to read as follows:
9-6-12. - Conditional Use and Use Review Standards - Agriculture and Natural Resource
Uses.
(a)Community Gardens: The following criteria apply to community garden uses:
(1) Retail Use Prohibited. Sales of goods or products are prohibited on the community garden
unless otherwise permitted by Subsection 9-6-5(c), "Temporary Sales or Outdoor
Entertainment," B.R.C. 1981, or within any commercial use permitted within a
nonresidential zoning district.
(2) Use of Manure. No person shall store or use manure in a community garden unless it is
dried and unless it is tilled into the ground within forty-eight hours of delivery.
(3) Water Conveyance. The site must be designed and maintained so that water is conveyed
off-site into a city right-of-way or drainage system without adversely affecting adjacent
property.
(4) Water Conservation. No person shall use sprinkler irrigation between the hours of 10 a.m.
and 6 p.m. Drip irrigation or watering by hand with a hose may be done at any time.
(5) Mechanized Equipment. No person shall operate mechanized equipment, including,
without limitation, lawn mowers, roto-tillers, garden tractors, and motorized weed
trimmers, between the hours of 8 p.m. and 8 a.m. Monday through Friday, and between
the hours of 8 p.m. and 10 a.m. Saturday and Sunday.
(6) Maintenance. No person shall fail to maintain the community garden in an orderly
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manner, including necessary watering, pruning, pest control, and removal of dead or
diseased plant materials and otherwise in compliance with the provisions of Title 6,
"Health, Safety and Sanitation," B.R.C. 1981.
(7) Trash/Compost. No person shall fail to screen trash and compost receptacles from
adjacent properties through landscaping, fencing, or storage within structures and remove
trash and compost from the site weekly. Compost piles shall be set back at least ten feet
from any property line.
(8) Setbacks. Structures accessory to the community garden use, such as accessory storage
or utility buildings, gazebos, trellises, or accessory greenhouse structures, and activity
areas exclusive of garden plots, shall comply with all applicable principal structure form
and bulk standards in the applicable zone district per Chapter 9-7, "Form and Bulk
Standards," B.R.C. 1981. No person shall construct a garden trellis that exceeds eight feet
in height within any setback on the property.
(9)Identification/Contact Information. The community garden shall post the site with a
clearly visible sign near the public right-of-way that includes the name and contact
information of the garden manager or coordinator. The contact information for the garden
manager or coordinator shall be kept on file with the planning department.
(b) Oil and Gas Operations: The following criteria apply to oil and gas operations:
(1)Purpose and Scope: The requirements of this subsection shall apply to geophysical
exploration for oil and gas and any oil and gas operations use:
(A)Consistent with state legislation enacted by Colorado Senate Bill 19-181, the
intent of this section is to protect and promote the public health, safety, welfare,
and the environment and wildlife resources and regulate the surface impacts of oil
and gas operations in a reasonable manner to address matters including the
following: local land use impacts; the location and siting of oil and gas facilities;
impacts to public facilities and services; water quality and sources, noise,
vibration, odor, light, dust, air emissions and air quality, land disturbance,
reclamation procedures, cultural resources, emergency preparedness and
coordination with first responders, security, and traffic and transportation impacts;
financial securities, indemnification, insurance; other nuisance-type effects of oil
and gas development; and to provide for planned and orderly use of land and
protection of the environment in a manner consistent with constitutional rights.
The city will deny applications where the proposed oil and gas operations cannot
be conducted in a manner that appropriately protects and minimizes adverse
impact to public health, safety, and welfare, and the environment and wildlife.
(B)In reviewing any oil and gas operations, the city will seek to:
(i)Anticipate and avoid or minimize and mitigate potential environmental
impacts, including to soil, groundwater, and air, associated with oil and
gas development, particularly in and around other land uses.
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(ii) Anticipate and avoid or minimize and mitigate potential impacts to
historical and cultural resources associated with oil and gas development,
particularly in and around other land uses.
(iii)Work with operators to identify and locate alternative oil and gas locations
from the perspective of protecting public health, safety, and welfare and
the environment and wildlife.
(iv) Gather complete information to assist the city in its analysis of proposed
oil and gas development and proposed locations.
(v)Continuously identify and require state-of-the-art equipment, protocols,
and technology to protect the public health, safety, and welfare and the
environment and wildlife.
(vi)Avoid, anticipate and minimize and mitigate, through risk analysis and
management, potential risks associated with oil and gas facilities,
processes and pipelines, including accidents and incidents, particularly in
and around other land uses.
(vii)Maximize preparedness for emergency accidents and incidents related to
oil and gas development through emergency preparedness and response
planning and infrastructure development such as real-time monitoring,
evacuation routes, and warning systems.
(viii)Avoid or minimize and mitigate community impacts including those
related to traffic, noise, odor and air pollution, dust, light pollution, and
visual impacts.
(ix)Require operators to have adequate site-specific financial assurances to
cover the full life of operations, including properly plugging and
abandoning wells and environmental reclamation.
(x)Monitor and inspect oil and gas facilities in all phases of development and
operation for the protection of public health, safety, and welfare and the
environment, including wildlife resources.
(xi)Use all available methods to enforce the provisions of these regulations.
(2)Setback Buffers From Adjacent Land Uses: A well pad for a single-well oil and gas
operation shall be located no closer than 2000 feet and a well pad for a multi-well (two
or more) oil and gas operation shall be located no closer than 2500 feet from any
existing residential use, residential zone, school, daycare center, hospital, senior living
facility, assisted living facility, outdoor venue, playground, permanent sports field,
amphitheater, public park and recreation use, or other similar public outdoor facility,
but not including trails or City of Boulder open space.
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(3) Surface Use Agreements, Rights of Way, and Easements: Operators of oil and gas
operations commonly enter into surface use agreements, right of way agreements,
easements, and other types of access agreements with landowners. To avoid
inconsistency, the city recommends that agreements with landowners related to the
proposed oil and gas operations not be finalized until the applicant has completed and
received approval for a use review for oil and gas operations.
(4)Pre-Application MeetingRequired: No person shall file an application for an oil and gas
operations use, including an application for geophysical exploration pursuant to this
subsection (b), until a pre-application review has been completed including a meeting
with the city manager. The purpose of the meeting is for the city manager to review the
proposed oil and gas operation use in a manner that ensures compliance with city
standards and applicable state and federal regulations. The meeting will also enable the
operator and city to explore site-specific concerns associated with the proposed
locations, discuss project impacts and potential mitigation methods, including field
design and infrastructure construction to avoid, minimize and mitigate adverse impacts,
to discuss coordination of field design with other existing or potential development and
operators, to identify sampling and monitoring plans for air and water quality, and other
elements as required by these rules. The meeting shall occur at least 60 days before any
development review application is filed. Any applicant of a pre-application shall submit
registration materials meeting the requirements of Section 9-6-12(b)(14)(A), B.R.C.
1981 and which must be accepted as complete by the city at least 60 days prior to
scheduling a pre-application meeting.
(A)Alternative Site Analysis: At the pre-application meeting referenced in this
paragraph (4), the applicant shall identify at least two proposed locations for the
oil and gas operation. The city shall review all proposed locations in order to
determine which location complies with these rules. If the city determines none of
the proposed locations comply with the setback requirements contained in
subsection (2) or the purpose of these rules, the applicant shall submit new
proposed locations. Following the pre-application meeting, the city will prepare a
report identifying the location it determines best comports with the requirements
and purpose of subsection (2). For each location, the applicant shall identify:
(i) The location and zoning.
(ii)Distance of the proposed oil and gas facility to any existing residential
use, residential zone, school, daycare center, hospital, senior living
facility, assisted living facility, outdoor venue, playground, permanent
sports field, amphitheater, public park and recreation use, dwellings and
recreation use, open space, water body, wetland, floodplain, floodway,
active, inactive and decommissioned well, and roadway.
(iii)Natural and manmade features.
(iv) Water sources.
(v)Justification for a preferred alternative site.
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(vi) Materials to be submitted to the COGCC to satisfy the COGCC
alternative location analysis requirement, if requested by the COGCC.
(5)Permits for Geophysical Exploration: The following requirements apply to any request
for geophysical mineral testing operations (“seismic testing”):
(A)No person shall conduct any seismic testing unless an oil and gas geophysical
exploration permit has been issued by the city manager pursuant the standards of
this section. If the applicant submits information that is inadequate, the city
manager may deny a permit.
(B)To apply for a permit, the applicant shall provide:
(i)Vibration Monitoring and Control Plan Map. A map of the exploration
area that identifies all of the following within 800 feet of all source
points in the testing area:
a.Water supplies for domestic, public, or agricultural use;
b.Domestic, commercial, and industrial structures;
c.Areas affected by previous mining activities;
d. Geologic hazards;
e.Areas subject to the one hundred-year flood and areas within the
conveyance zone or high hazard zone as defined in Section 9-16,
B.R.C 1981;
f.Identification of wildlife resources; and
g.Water, sewer, oil, gas, and chemical facilities and pipelines in the
testing area .
(ii) A map showing the proposed travel routes of all vibration-generating
seismic testing equipment;
(iii)A complete application for any work in the public right of way and public
easements pursuant to Chapter 8-5, “Work in the Public Right-of-Way and
Public Easements,” B.R.C. 1981;
(iv)Insurance Coverage. The following minimum operator insurance coverage
with an insurance company or companies with a Best rating (or equivalent
insurance rating agency) of A- or better, authorized to do business in
Colorado, for any work done pursuant to the permit, which the applicant
shall
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provide evidence of and the operator shall maintain at all times while
activities are conducted under the permit, including the required additional
insured language:
a.Commercial general liability coverage on an occurrence
form, ISO CG00 01 or equivalent, with minimum limits of
$1,000,000 for each occurrence and a $2,000,000 general
aggregate and a $2,000,000 products completed operations
aggregate. Such policy shall include (1) broad form and
blanket contractual liability coverage covering all operations
of the insured, (2) action over coverage for insured’s own
employees, (3) blowout, explosion, and cratering liability,
underground resources and equipment liability coverage, and
severability of interests (4) subsidence, (5) sudden and
accidental pollution liability coverage.
b. Automobile liability coverage for any owned, hired, and non-
owned automotive equipment used in the performance of work
under the permit with minimum limits of $1,000,000 for each
accident. Such insurance shall include coverage for bodily
injury, death, and property damage arising out of ownership,
maintenance, or use of any motorized vehicle on or off the site,
and contractual liability coverage.
c. Workers' compensation coverage with the statutory benefits
and limits, and employer's liability coverage with minimum
limits of $1,000,000 for each accident and with a minimum
$1,000,000 disease-policy limit and with a minimum
$1,000,000 disease-policy limit for each employee.
d. Umbrella/excess liability coverage on a following form basis or
at least as broad as underlying in the amount of at least
$25,000,000 per occurrence and aggregate, to apply excess of
commercial general liability, automobile liability, and
employer’s liability.
e. Professional liability coverage for errors and omissions with
minimum limits of $10,000,000 per loss and a $10,000,000
aggregate limit if professional services are provided by the
operator. Professional liability provisions indemnifying the city for
loss and expense resulting from errors, omission, mistakes or
malpractice is acceptable and may be written on a claims-made
basis. Any retroactive date under the policy shall precede the date
of any work done pursuant to the permit and either continuous
coverage will be maintained or an extended discovery period will
be exercised for a period of two years beginning at the time work
done pursuant to the permit is completed.
f. Pollution liability coverage for bodily injury, property damage
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or environmental damage arising out of a pollution incident
caused in whole or in part by any work done pursuant to the
permit including completed operations. The minimum limits
required are a $15,000,000 aggregate limit. If the coverage is
written on a claims-made basis, the applicant shall warrant that
any retroactive date applicable to coverage under the policy
precedes any work done pursuant to the permit and that
continuous coverage will be maintained or an extended
discovery period will be exercised for a period of 3 years
beginning from the time that work under the permit is
completed.
g. Aircraft Coverage. If, as part of the performance of the
operations, operator operates any unmanned aerial system, or
hires any such operations through a vendor or subcontractor,
Operator shall provide and maintain liability insurance for
operations of the unmanned aerial system. This liability
insurance shall be provided by either a separate aviation policy
or an endorsement to the general liability policy required
hereunder, provided that the limits of liability shall be no less
than $1,000,000 per occurrence.
h.The City of Boulder, its elected and appointed officials,
directors, officers, employees, agents and volunteers shall be
included as additional insureds for the general liability
coverage, automobile liability, umbrella/excess coverage, and
pollution liability policies listed above for ongoing and
completed operations. Additional insured endorsement must be
at least as broad as ISO form CG20 10 11 85 for the general
liability policy and umbrella/excess policy and for the other
policies listed above to the extent commercially available.
Coverage shall be primary and non-contributory to any
insurance available to additional insured, which shall be stated
on the Certificate of Insurance. All policies of operator shall
waive subrogation against additional insureds.
i. The applicant shall require adequate insurance of its contractors
and subcontractors, including but not limited to professional
liability/errors and omissions with a minimum limit of $10,000,000
per loss and a $10,000,000 aggregate limit if professional services
are provided by a contractor or subcontractor with any retroactive
date under the policy preceding the effective date of any work
done pursuant to the permit; and either continuous coverage shall
be maintained or an extended discovery period will be exercised
for a period of two years beginning at the time work under the
permit is completed. The operator and applicant will be responsible
for any and all damage or loss suffered by the city as a result of the
work being performed by the operator or any subcontractor as
described in this subsection.
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j. The applicant shall furnish a certificate of insurance to show that
the insurance specified in this paragraph is in force, stating policy
numbers, dates of expiration, limits of liability and coverages
thereunder and endorsements or policy language providing the
coverage under subparagraph g, above. All policies and the
operator shall provide for 30 days' written notice to the city
manager prior to the cancellation, non-renewal or expiration of any
insurance referred to therein. Approval, disapproval or failure to
act by city manager regarding any insurance supplied by the
operator shall not relieve the operator of full responsibility or
liability for damages and accidents.
k.The approving authority may approve an exception to the
insurance coverage requirements if the applicant demonstrates that
the required coverage is not reasonably commercially available
considering the work proposed under the permit and its associated
risk and that the proposed alternative approach is appropriate to
ensure that adverse impacts to public health, safety and welfare
and the environment and wildlife of the geophysical exploration
activities are minimized or mitigated.
(i)A financial guarantee in a form and amount satisfactory to
the city manager sufficient to guarantee applicant’s
obligation to restore all property damaged by seismic
testing to its pre-testing condition;
(ii)Copies of written permission from every landowner of
property where the operator is going to use or place
equipment for geophysical exploration;
(iii)A vibration monitoring and control plan prepared by a
vibration monitoring specialist. The vibration monitoring
specialist must be an independent, professional engineer
licensed in the state of Colorado or a professional geologist
as defined in C.R.S 34-1-201. This vibration monitoring
and control plan shall include:
a. The name of the firm providing the vibration
monitoring services;
b.Specifications of the monitoring equipment to be
used;
c.Specifications of the energy source to be utilized for
the source points;
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d. If vibroseis trucks will be utilized, the plan should
discuss:
1.The number of vibroseis trucks;
2.The distance between the vibroseis trucks;
3.The drive level to be used;
4.The sweep duration; and
5.The sweep frequency range.
e.Measurement locations and field procedures for
setting up vibration monitors;
f. Procedures for data collection and analysis which
include examples of vibration monitoring field
sheets and vibration event analysis;
g. Results of on-site vibration attenuation study (walk
away test) with prediction of maximum expected
particle velocity at each monitoring location;
h. Means and methods of providing warning when the
response values are reached;
i. Generalized plans of action to be implemented in
the event any response value is reached. This plan
must include positive measures by the operator to
control vibrations (e. g., reducing drive level,
increasing stand- off distances, dropping source
points); and
j. Procedures for addressing complaints and claims of
damage.
(iv)Additional information, if, in the city manager’s judgment,
the application does not contain sufficient information to
permit an appropriate review.
(v) Payment of the geophysical exploration permit fee
prescribed in Section 4-20-42, “Development Application
Fees,” B.R.C. 1981.
(C) The following requirements will apply to all permits to conduct geophysical
exploration:
(i)Implementation of a vibration monitoring and control plan approved by
the city manager. The city manager may require modifications to the plan
submitted by the applicant.
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(ii)Methods involving explosive material (“shotholes”) are prohibited.
(iii)All geophysical activities will be strictly limited to the areas,
methodologies, and routes indicated in the maps and plans approved by
the permit.
(iv)All geophysical activities will be strictly limited to the hours of operation
noted in the approved permit. In no case will the city manager permit
geophysical activities between 6 p.m. and 8 a.m.;
(v)The applicant’s vibration monitoring specialist will be on site throughout
all geophysical activities to ensure city permit conditions are met and will
report whether the testing complies with the approved permit.
(vi)If any utility line(s) or other above or below ground features must be
removed or altered during geophysical operations, the applicant will
provide a letter from the utility owner authorizing the removal or
alteration and notify the city at least three days prior to any such removal
or modification and comply with any additional permitting requirements
imposed by the city.
(vii)The applicant must obtain any permits required for work in the public
right of way or public easements pursuant to Chapter 8-5, “Work in the
Public Right of Way and Public Easements,” B.R.C. 1981.
(viii)No seismic testing activities will be permitted in the flood conveyance
zone. The applicant shall comply with the regulations for floodplains in
Sections 9-3-2 through 9-3-6, B.R. C. 1981.
(ix)Ground vibration monitoring will be required for any source points located
within 400 feet of any structures identified in the map of the exploration
area. The vibration monitoring specialist must conduct the analysis and
interpretation of the collected vibration monitoring data for comparison to
appropriate vibration limits and must prepare weekly reports for weekly
submittal to the city.
(x)Ground vibration amplitudes will be limited to the following response
values:
a.The response values for ground vibration include a threshold value
of 0.2 inches per second and a limiting value of 0.3 inches per
second. The city manager may approve higher values if found
acceptable by the city manager based on the feature of concern.
The applicant must submit an engineering report for review and
approval by the city to request approval of higher values.
1.If a threshold value is reached, the applicant shall:
A.Immediately notify the city manager;
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B.Meet with the city manager to discuss the need for
response action(s);
C.If directed by the city manager during the above
meeting that a response action is needed, submit
within 24 hours a detailed specific plan of action
based as appropriate on the generalized plan of
action submitted previously as part of the vibration-
monitoring plan. Seismic testing cannot resume
until the detailed specific plan of action is approved
by the city manager; and
D. If directed by the city manager, implement response
actions within 24 hours of submitting a detailed
plan of action.
2. If a limiting value is reached, the applicant must:
A. Immediately notify the city manager and suspend
vibration producing activities in the affected area,
except for those actions necessary to avoid
exceeding the limiting value;
B.Meet with the city manager to discuss the need for
response actions; and
C. If directed by the city manager during the above
meeting that a response action is needed, submit
within 24 hours a detailed specific plan of action
based as appropriate on the generalized plan of
action submitted previously as part of the vibration-
monitoring plan. Seismic testing cannot resume
until the detailed specific plan of action is approved
by the city manager.
D. If directed by the city manager, implement response
actions within 24 hours of submitting a detailed
specific plan of action, so that the limiting value is
not exceeded.
(xi) Ten days prior to vibration monitoring pursuant to the vibration
monitoring and control plan, the applicant shall submit a certificate of
calibration to the city manager for any vibration monitoring equipment
that will be used on site. The certificate must certify that the instruments
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are calibrated and maintained in accordance with the equipment
manufacturer’s calibration requirements and that calibrations are traceable
to the U. S. National Institute of Standards and Technology. All
instrumentation must have been calibrated by the manufacturer or a
certified calibration laboratory within one year of their use on site.
(xii) During the exploration activity, the applicant must provide weekly reports
to the city manager summarizing any vibration monitoring data collected.
The reports must be prepared and signed by the vibration monitoring
specialist. The city manager may request a different reporting schedule
where appropriate.
(xiii) In addition to the above, the city manager may impose additional
conditions on the conduct of seismic testing that are necessary and
reasonable to protect the public health, safety, and welfare and the
environment or wildlife resources.
(C) Notice and Property Inspection.
(i)After a permit is issued by the city manager, the applicant shall provide, at
applicant’s cost, notice of the seismic testing to each owner of property
and each address located within 800 feet of any source point as depicted in
the approved vibration monitoring and control plan map at least 10 days
before the testing is to occur.
a.The notice shall include:
1.A description of the project including the duration, physical
effects, precautions applicant is taking, and precautions the
property owner should take;
2.Complaint procedures for property owners and residents;
3.An offer of property and water well baseline condition
inspections at applicant’s expense, which, upon property
owner’s request, will be completed at least three days prior
to seismic testing. Results of such testing will be provided
to the property owner and maintained by applicant for at
least three years. All baseline condition testing must be
completed by a qualified technician, who is subject to city
manager approval, who will report: the date of inspection,
name of property owner, address of property owner,
property owner contact information, description of the
property, age of structures, material of structures and
foundations. The technician must take high resolution
photographs and video to document the present state of all
structures on the property, including roads, bridges, and
sidewalks. The technician should note any chemical and
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physical weathering or any other structural defects. All
water well samples shall be collected by a qualified
technician and include the date and time of sample,
property owner name, address, contact information and
water type and conditions, well type, depth, age, casing
type and length, drilling contractor, whether the water is
conditioned or filtered, sample point type, and any other
useful information; and
4.The notice shall further include an offer of property and
water well condition inspections at applicant’s expense
after the testing is complete, the results of which will be
provided to the property owner and maintained by applicant
for at least three years.
(D) Appeals. Permits for geophysical exploration shall be decided by the city
manager. The decision of the city manager shall be subject to call-up by the
planning board, or appeal by any aggrieved party to the planning board, subject to
the call-up and appeal procedure of Section 9-4-4, "Appeals, Call-Ups, and Public
Hearings," B.R.C. 1981.
(6)COGCC Approval: It is the applicant’s responsibility to design an oil and gas operation
that is compliant with all applicable federal and state regulations including the
Environment Protection Agency, Colorado Oil and Gas Conservation Commission, Air
Quality Control Commission, and the Colorado Department of Public Health and
Environment requirements. COGCC approval of any application does not constitute
city approval, and compliance with all terms and conditions of this title is required prior
to the commencement of any new oil and gas operations in the city. Wherever the Oil
and Gas Conservation Act, §§ 34-60-101 et seq ., C .R .S ., requires local government
approval prior to COGCC approval, use review pursuant to Section 9-2-15, “Use
Review”, B.R.C. 1981, and findings of compliance with this subsection must be
completed before applications are submitted to the COGCC.
(7) Review and Approval: All applications to establish oil and gas operations will be
reviewed pursuant to Section 9-2-15, “Use Review,” B.R.C. 1981, and the review
authority for a use review pursuant to this section shall be the planning board, subject to
city council call-up. The planning board shall make a decision on the oil and gas
operations use review application following a staff recommendation based on the
requirements of this section.
(8) Good Neighbor Meeting Required: Prior to submittal of a use review application for an
oil and gas operations use, the applicant shall conduct a good neighbor meeting with
neighboring property owners and residents within one mile of the proposed site and
other interested parties consistent with Section 9-2-4, “Good Neighbor Meetings and
Management Plans,” B.R.C. 1981, except that the purpose of this meeting is for the
applicant to inform nearby property owners and residents of the proposed oil and gas
operations and to inform the applicant and operator of the concerns of neighboring
property owners and residents. The applicant shall provide mailed notice to all
property owners and addresses within one mile of the proposed oil and gas operations
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use site a minimum of ten days before the meeting, and the notice shall provide
information about the proposed use, proposed location, and date and time of the
meeting. The applicant shall provide any interested person an opportunity to comment
on the proposed plans. At the meeting, the applicant must provide an overview of the
proposed oil and gas operations. The issues to be addressed at this meeting may
include, without limitation, facility locations, requirements for oil and gas operations
under this section, suggested mitigation measures to ensure compliance with the
requirements of this section. A good neighbor meeting is not required for an application
for a geophysical exploration permit.
(9)Public Notice Requirements: Notice of any use review application for oil and gas
operations shall be provided consistent with the requirements of Table 4-2 in
Subsection 9-4-3(a), B.R.C. 1981. The applicant, at its cost, shall be required to meet
the following notice requirements:
(A)Mailed notice shall be provided to owners of wells registered with the Colorado
Division of Water Resources, owners of municipal or other public water bodies,
and owners or managers of irrigation ditches and reservoirs within one mile of
the parcel on which the oil and gas operation is proposed to be located and
within one-half mile of either side of the full length of the planned wellbore and
bottom location. The applicant is responsible for determining the addresses of
such water source owners and providing a list of such owners to the city
manager. If other sites come into consideration during application processing,
the city manager may require the applicant to provide supplemental notice as
described here with reference to the new sites.
(B) The notice must contain the following:
(i)A message in bolded 14-point or larger font on the front page of the
notice that states as follows: “Attention: An oil and gas operation
consisting of up to [number of wells] and [description of other
facilities] is being proposed in your area. Please read this notice
carefully.” Slight variations in this notice language may be approved
by the city manager at the applicant’s request;
(ii)A description of the proposed oil and gas operation, including the
legal description; parcel number; a street address for the site, if
available from the city; the company name of the applicant; the name
of an applicant contact; the current business address, telephone
number, and email address for the applicant contact; a vicinity map;
and a brief description and overview of the proposed oil and gas
operation (e.g., a detailed description of the timeframe for facility
construction and estimated duration of drilling and any proposed
hydraulic fracturing);
(iii)Information concerning the facilities and equipment proposed at the
site when operational, and proposed access roads and gathering lines.
(iv)The case number of the application.
(v)An attachment provided by the city manager explaining the
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applicable review process and explaining that the public may review
the full application file on the city website or may contact the city
planning department;
(vi)A statement concerning the city’s right to enter the property that is
the subject of the application as follows: “For the purpose of
implementing and enforcing the city’s use review process, city staff
may from time to time need to enter onto the property that is the
subject of a use review application.”; and
(vii)The current mailing address, website address, email, and telephone
number for both the city planning department and the COGCC, as well as
a statement that additional information on the application will be
available from the planning department.
(C) Notice Review. Prior to sending the notice, the applicant must submit a copy of the
proposed notice for review by the city manager. If the city manager determines that
the notice does not comply with the requirements of this subsection the city
manager may require the applicant to modify the notice.
(10) Consultant and Public Agency Review and Referrals:
(A)Consultant Referrals: The city manager may require the review of a third-party
consultant at the choice of the city manager and at the expense of the applicant to
assist the city in its review of the risks and impacts of oil and gas operations. The
applicant will be notified of the city’s intent to retain consultants and the applicant
shall escrow funds with the city sufficient to cover the anticipated costs of the
consultant review. The applicant will be responsible for the actual costs associated
with the constant review and will be refunded any excess escrowed funds.
(B)Public Agency Referrals: Upon the city manager finding an application complete,
the city manager will refer the application materials to the City Department of
Open Space and Mountain Parks, the County Department of Parks & Open Space,
Boulder County Public Health, the Boulder Fire-Rescue Department, the Boulder
Police Department, the Boulder Office of Emergency Management, the COGCC
and CDPHE, and any appropriate special district and school district for review
and comment. As deemed necessary in the city manager’s sole discretion, the city
manager may also refer the application to other government agencies or entities
for review and comment. Referral comments on the proposal must be returned to
the city manager within 75 days of date of referral, unless the city manager
determines additional time is necessary. If the proposed oil and gas operation is
on or within 1,500 feet of City of Boulder open space as defined in charter section
171 or Boulder County Parks & Open Space property or property over which
Boulder County holds a conservation easement, the city Open Space and
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Mountain Parks Director or county Parks and Open Space Director may refer the
Application to the Open Space Board of Trustees (“OSBT”) or the Parks & Open
Space Advisory Committee (“POSAC”) for a public hearing. After the public
hearing, the OSBT or the POSAC may forward recommendations for assuring the
protection of environmental, ecological, wildlife, recreational, historical,
archeological, and agricultural resources of the open space, which may include
recommendations to deny the application or to modify the location or density of
the oil and gas operation.
(11) Use Review Application Requirements for Oil and Gas Operations: In addition to any
information required by Section 9-2-15, “Use Review,” B.R.C. 1981, the applicant shall
provide the following information:
(A)All materials and information required by Subsection 9-2-6(a), B.R.C. 1981.
(B)A written statement containing the following information:
(i)A statement of the current ownership and a legal description of all of the
land included in the project.
(ii)An explanation of the objectives to be achieved by the project, including,
without limitation, building descriptions, sketches or elevations that may
be required to describe the objectives.
(iii)A development schedule indicating the approximate date when
construction of the project or phases of the project can be expected to
begin and be completed.
(iv)Copies of any special agreements, conveyances, restrictions or covenants
that will govern the use, maintenance and continued protection of the
goals of the project.
(v)Site selection rationale including but not limited to maps and a narrative
explaining the reasons the applicant chose the proposed site or sites for the
oil and gas operations with respect to other possible locations, alternative
locations to the proposed site, and why the alternative locations were not
chosen.
(vi)Response to topics raised during the required pre-application meeting and
a description of any follow up items or changes since the pre-application
review.
(vii)Complaint Protocol. Description of a process for the operator’s
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acceptance, processing, and resolution of any and all complaints submitted
to state agencies or the operator directly by members of the public
stemming from any adverse impact from oil and gas operations. At a
minimum, the operator shall notify the city manager of any complaints in
writing no later than 24 hours after receipt.
(C)Verification of Legal Rights.
(i)Mineral Rights and Surface Access Rights. Proof of ownership of, or lease
rights to, the mineral rights and accompanying surface lands where oil and
gas facilities are proposed, including copies of all easements, licenses or
right-of-way agreements necessary to lay any pipelines associated with the
application. Identification of all persons with a real property interest in
the lands where the proposed oil and gas facilities will be located. A
current title report supporting the asserted mineral interests and surface
access. A map of the mineral interests applicant will produce with the
proposed oil and gas operations.
(ii)Roads. Information demonstrating that the applicant has or will have the
right to use or construct temporary and permanent private access roads
that are necessary for the proposed oil and gas operations. A copy of any
signed or proposed agreements with landowner(s) regarding road
construction, maintenance, and improvements necessitated by the
proposed oil and gas operations. Any recorded or historical easements
providing access to or across the parcel(s) must be provided.
(iii)Pipelines and Gathering Lines. Information demonstrating that the
applicant has or will have the right to use or construct temporary and
permanent gas, oil or water (fresh, produced, or waste) pipelines and
gathering lines that are necessary for the proposed oil and gas operations.
A copy of any signed or proposed agreements with landowner(s) regarding
pipeline construction, maintenance, and improvements necessitated by the
proposed oil and gas operations.
(D)A certified list of all instances within the ten years prior to the application in
which the COGCC, CDPHE, other state agency, any federal agency, any city, or
any county issued a notice of alleged violation or found that the applicant or
operator violated applicable state, federal, or local requirements during the course
of drilling, operation, or decommissioning of a well. The list must identify the
date of the violation or alleged violation, the entity or agency issuing the notice or
making the determination, the nature of the non-compliance, and, if applicable,
the final resolution of the issue. If no such instances of non-compliance exist, the
applicant or operator must certify to that effect.
(E)A list of all incidents (including but not limited to accidents, spills, releases, and
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injuries) within the past 10 years that occurred at facilities owned or operated by
the operator or a subsidiary or affiliate under the same management as the
operator, including incidents involving contractors. Applicant shall also list any
root cause analyses conducted and corrective actions taken in response to the
incidents, including internal changes to corporate practices or procedures.
(F)Information related to the applicant’s financial fitness to undertake the proposed
oil and gas operations, including materials (audited, where appropriate) such as
the following:
(i) Balance sheets for the previous 5 fiscal years;
(ii)Operating cash flow statements for the previous 5 fiscal years;
(iii)List of long- and short-term debt obligations;
(iv)List of undercapitalized liabilities;
(v)Statements necessary to calculate net profit margin, debt ratio, and instant
or current solvency ratio;
(vi)Certified copies of all current financial assurances filed with the COGCC;
and
(vii)Tax returns for the prior 5 years.
(G)Insurance Coverage. The following minimum operator insurance coverages
with an insurance company or companies with a Best rating (or equivalent
insurance rating agency) of A- or better, authorized to do business in
Colorado, for any work done pursuant to an approval for the oil and gas
operations use, which the applicant shall provide evidence of and maintain at
all times while activities are conducted under the approval, including the
required additional insured language:
(i)Commercial General Liability. Commercial general liability
coverage on an occurrence form, ISO CG00 01 or equivalent, with
minimum limits of $1,000,000 for each occurrence and a $2,000,000
general aggregate and a $2,000,000 products completed operations
aggregate. Such policy shall include (1) broad form and blanket
contractual liability coverage covering all operations of the insured,
(2) action over coverage for insured’s own employees, (3) blowout,
explosion, and cratering liability, underground resources and
equipment liability coverage, and severability of interests (4)
subsidence, (5) sudden and accidental pollution liability coverage.
The operator’s insurance shall provide products/completed
operations coverage for three years after completion of oil and gas
operations. The applicant shall include an endorsement with the
certificate.
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(ii) Automobile Liability. Automobile liability coverage for any owned,
hired, and non-owned automotive equipment used in the proposed oil
and gas operations with minimum limits of $1,000,000 for each
accident. Such insurance shall include coverage for bodily injury,
death, and property damage arising out of ownership, maintenance, or
use of any motorized vehicle on or off the site, and contractual liability
coverage.
(iii)Workers’ Compensation and Employer’s Liability. Workers'
compensation coverage with the statutory benefits and limits, and
employer's liability coverage with minimum limits of $1,000,000 for
each accident and with a minimum $1,000,000 disease-policy limit and
with a minimum $1,000,000 disease-policy limit for each employee.
(iv)Umbrella/Excess Liability. Umbrella/excess liability coverage on a
following form basis or at least as broad as underlying in the amount of
at least $25,000,000 per occurrence and aggregate, to apply excess of
commercial general liability, automobile liability, and employer’s
liability.
(v)Professional Liability (Errors and Omissions). Professional liability
coverage for errors and omissions with minimum limits of $10,000,000
per loss and a $10,000,000 aggregate limit if professional services are
provided by the operator. Professional liability provisions indemnifying
the city for loss and expense resulting from errors, omission, mistakes or
malpractice is acceptable and may be written on a claims-made basis. Any
retroactive date under the policy shall precede the date of the use review
approval and either continuous coverage will be maintained until final
reclamation obligations are completed to the city manager’s satisfaction.
(vi)Pollution Liability. Pollution liability coverage for bodily injury, property
damage or environmental damage arising out of a pollution incident
caused in whole or in part by the operator including completed operations.
Coverage shall include emergency response expenses, pollution liability
during transportation (if applicable) and at non-owned waste disposal site
(if applicable). The minimum limit required is $25,000,000. If the
coverage is written on a claims-made basis, the operator shall warrant that
any retroactive date applicable to coverage under the policy precedes the
effective date of any use review approval. Continuous coverage shall be
maintained until final reclamation obligations are completed to the city
manager’s satisfaction.
(vii)Control of Well Coverage/Operator’s Extra Expense. Coverage for costs
and expenses related to bringing a well back under control, pollution
cleanup costs incurred due to pollution that results from a well-out-of-
control event, legal liability for pollution-related bodily injury or property
damage arising from a well-out-of-control event, and re-drill and other
extra expense incurred to restore the well, to the extent possible, to its pre-
loss condition, to the extent reasonably available. The minimum limits
required are $25,000,000 per occurrence/loss. Continuous coverage shall
be maintained until final reclamation obligations are completed to the city
manager’s satisfaction. To the extent available, the city shall be named as
an additional insured for ongoing operations and completed operations.
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(viii) Aircraft coverage. If, as part of the performance of the operations,
operator operates any unmanned aerial system, or hires any such
operations through a vendor or subcontractor, operator shall provide
and maintain liability insurance for operations of the unmanned aerial
system. This liability insurance shall be provided by either a separate
aviation policy or an endorsement to the general liability policy
required hereunder, provided that the limits of liability shall be no less
than $1,000,000 per occurrence.
(ix)Waiver of Subrogation. Operator shall waive and cause its insurers to
waive for the benefit of the city any right of recovery or subrogation
which the insurer may have or acquire against the city or any of its elected
and appointed officials, directors, officers, employees, agents, and
volunteers for payments made or to be made under such policies.
(x)Additional Insured. The City of Boulder, its elected and appointed
officials, directors, officers, employees, agents and volunteers shall be
additional insureds for the general liability, automobile liability,
umbrella/excess coverage and pollution liability policies listed above for
ongoing and completed operations. Additional insured endorsement must
be at least as broad as ISO form CG20 10 11 85 for the general liability
policy and umbrella/excess policies and for the other policies listed above
to the extent commercially available. Coverage shall be primary and non-
contributory to any insurance available to additional insured, which shall
be stated on the Certificate of Insurance.
(xi)Contractors. The operator shall require adequate insurance of its
contractors and subcontractors, including but not limited to professional
liability/errors and omissions with a minimum limit of $10,000,000 per
loss and a $10,000,000 aggregate limit if professional services are
provided by a contractor or subcontractor with any retroactive date under
the policy preceding the date of any work done pursuant to the approval of
the oil and gas operations use; and either continuous coverage shall be
maintained or an extended discovery period will be exercised for a period
of two years beginning at the time operation under the approval is
completed. The operator shall be responsible for any and all damage or
loss suffered by the city as a result of the work being performed by
operator or any contractor or subcontractor.
(xii)Operator shall furnish a certificate of insurance to show that the insurance
specified in this paragraph is in force, stating policy numbers, dates of
expiration, limits of liability and coverages thereunder and endorsements
or policy language providing the coverage under paragraphs (ix) and (x)
above. All policies and the operator shall provide for 30 days' written
notice to city prior to the cancellation, non-renewal or expiration of any
insurance referred to therein. Approval, disapproval or failure to act by
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city regarding any insurance supplied by the Operator shall not relieve the
operator of full responsibility or liability for damages and accidents.
(H) Financial Fitness and Assurances. The applicant shall provide adequate financial
assurances to guarantee performance of all conditions of approval attached to any
use review approval for the lifetime of the oil and gas facility until final
reclamation obligations are completed to the city manager’s satisfaction. With the
application, applicant shall submit a description of the type(s) of financial
assurance it expects to provide to meet those requirements. The type and amount
of financial assurances provided will be determined by the city manager with any
use review approval.
(I) Water Wells: A map of any domestic or commercial water wells or irrigation
wells within one mile of the parcel or parcels on which the proposed oil and
gas operations will be located and within one mile of either side of the full
length of each proposed wellbore.
(J)General Site Plan: A site plan with a north arrow showing the major details of the
proposed development, prepared on a scale of not less than one inch equals one
hundred feet providing sufficient detail to evaluate the features of the
development required by this subsection. The site plan shall contain, insofar as
applicable, the information set forth in this subsection including:
(i)The existing topographic character of the land, showing contours at two-
foot intervals;
(ii) The site and location of proposed uses with dimensions indicating the
distance from property lines;
(iii)The location and size of all existing and proposed buildings, structures,
and improvements and the general location of adjacent streets, structures
and properties;
(iv)The maximum height of all buildings and building elevations, including
details on drilling equipment, showing exterior colors and materials;
(v)The internal traffic and circulation systems, off-street parking areas,
service areas, loading areas, and major points of access to public rights-of-
way; and
(vi)The areas that are to be conveyed, dedicated, or reserved for streets, alleys,
and easements.
(K) Wetland Plan: A plan depicting all surface water bodies including but not limited
to, lakes streams, wetlands or aquatic habitat, riparian areas, and riparian corridors
identified in the city’s adopted streams, wetlands, and water bodies maps or
otherwise found on or within one mile of the site on which the oil and gas
operations are proposed to be located, and within one mile of either side of the
full length of each proposed wellbore. The map shall also depict irrigation ditches
or laterals and reservoirs.
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(L) Floodplain Plan: The areas subject to the one-hundred-year flood as defined in
Chapter 9-16, "Definitions," B.R.C. 1981, and any area of the site that is within a
conveyance zone or high hazard zone as defined in Chapter 9-16, B.R.C. 1981.
(M)Natural Features Plan: Plans for preservation of natural features existing on the
site or plans for mitigation of adverse impacts to natural features existing on the
site from the proposed development and anticipated uses. Natural features
include, without limitation, healthy long-lived trees, significant plant
communities, ground and surface water, wetlands, riparian areas, drainage areas
aquatic and terrestrial organisms, plant and animal communities, and habitat for
species on the federal Endangered Species List, "Species of Special Concern in
Boulder County" designated by Boulder County, or if prairie dogs
(Cynomys ludiovicianus) are present on the site, a statement of intent that
specifies how the applicant will address the prairie dogs consistent with the
standards for prairie dogs in Chapter 6-1, “Animals,” B.R.C. 1981.
(N)Tree Inventory: A tree inventory that includes the location, size, species and
general health of all trees with a diameter of six inches and over measured fifty-
four inches above the ground on the property or in the landscape setback of any
property adjacent to the development. The inventory shall indicate which trees
will be adversely affected and what if any steps will be taken to mitigate the
impact on the trees. The tree inventory shall be prepared by a certified arborist
that has a valid contractor license pursuant to Chapter 4-28, "Tree Contractor
License," B.R.C. 1981.
(O)Landscape Plan: A general landscaping plan at the time of initial submission to be
followed by a detailed landscaping plan prior to or as a condition of approval,
showing the spacing, sizes, specific types of landscaping materials, quantities of
all plants and whether the plant is coniferous or deciduous. All trees with a
diameter of six inches and over measured fifty-four inches above the ground on
the property or in the landscape setback of any property adjacent to the
development shall be shown on the landscaping plan.
(P)Vegetation Management Plan: A vegetation management plan identifying plant
species that are on the parcel(s) on which the oil and gas operations are proposed
to be located, their location, and the proposed method of management. This plan
must include an integrated management strategy to prevent and manage the
growth of invasive weeds during oil and gas operations and reclamation or any
mining activities.
(Q)Revegetation and Reclamation Plan. A plan illustrating how all disturbed areas
will be revegetated and reclaimed, including areas disturbed during flowline
abandonment. The plan shall include timing, methods, materials to be used,
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including any proposed soil amendments, and procedures for ensuring successful
revegetation, including an on-going maintenance plan that ensures successful
establishment of vegetation and successful weed management. Revegetation and
reclamation will include the use of native or other plant species, as approved by
the city manager, and full establishment of appropriate vegetation for a minimum
of three consecutive growing seasons.
(R)Visual Mitigation and Screening Plan: A preliminary visual mitigation and
screening plan in compliance with applicable COGCC rules, including but not
limited to a list of the proposed colors for the operations, which are observable
from any roadway, providing for paint that is uniform, non-contrasting,
nonreflective color tones, and with colors matched to but slightly darker than the
surrounding landscape and a listing of the operations' equipment. The plan shall
include information on how the operator will screen or fence the proposed facility
in order to mitigate visual impacts, protect wildlife and prevent unauthorized
persons from entering the facility.
(S)Land Use Analysis: A land use analysis identifying all existing activities and uses
(including in particular and without limitation any existing residential use,
residential zone, school, daycare center, hospital, senior living facility, assisted
living facility, outdoor venue, playground, permanent sports field, amphitheater,
public park and recreation use, or other similar public outdoor facility) on
surrounding lands within two miles, or as otherwise required by the city manager,
of the parcel(s) where the oil and gas operations are proposed to be located and a
plan demonstrating that the required setbacks to specified land uses in this section
are met.
(T)Materials required by the City of Boulder Design and Construction Standards,
including, without limitation, a traffic study, master utility plan, utility report,
stormwater management report and plans and drainage report and plan for any
application that proposes to construct or have an impact on public improvements.
(U)Dust Suppression Plan: A dust suppression plan detailing how the applicant will
prevent excessive dust escaping from the oil and gas operations and all associated
roads; a plan for preventing fugitive dust, sand, or silica materials escaping from
any oil and gas operations.
(V)Facility Layout and Pipeline and Gathering Line Plans: A facility layout plan and
pipeline and gathering line plan and equipment elevations including but not
limited to the following:
(i)Construction location diagram and cross-sections including
location and finish grades.
(ii) Operational facility layout plans including the location of drill sites,
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storage and staging areas and equipment such as wellheads, pumping
units, tanks, mining equipment and treaters.
(ii)The location of access roads and ingress and egress to and from
public roads.
(iv) Elevations, diagrams and sample pictures of all structures, wellheads,
pumping units, tanks, treaters, drills, fencing and walls depicting the
location, appearance showing their location, height of any building and
structures calculated per Section 9-7-5, B.R.C. 1981, and materials and
elevations for all fences, temporary workspaces and permanent areas of
disturbance for all phases of development, fencing, and an equipment list.
(v) A wellbore risk analysis of the anti-collision evaluation for all proposed
wells conducted for or under the same terms as required in COGCC
Rules.
(vi) An area of disturbance map and dimensions of the proposed oil and gas
operations use, indicating both temporary and permanent disturbance
areas, in square feet and acres.;
(vii) A map of proposed new roads and improvements to existing roads that
will be necessary for the proposed oil and gas operations use, as well as
identification of the road surface planned for each road or road
improvement.
(viii) A pipeline plan including but not limited to the following: The specific
location and route, depicted in plan and profile drawings, of each
flowline, and fresh, produced, or waste water pipeline, and any other
transport pipeline necessary for the oil and gas facilities and operations,
through the lifetime of the oil and gas facilities and operations, and their
distances from: existing or proposed residential, commercial, or industrial
buildings; places of public assembly; surface water bodies; natural
resources identified under subparagraph (M) above; geologic hazards;
agricultural lands; other public and private utility lines within 100 feet of
the pipeline; and public or private roads; the size, operating pressure,
material, and locations of each line and what materials they will carry;
whether pipelines will be co-located with proposed or existing lines; and
identification of all pipeline segments that will be constructed by boring
and the location of the boring operation.
(W) Shadow Analysis: A shadow analysis depicting shadows on December 21, as
described in the solar analysis instructions provided by the city manager, and
depicting shadows calculated pursuant to Subsection 9-9-17(d), B.R.C. 1981, for
those buildings that affect adjacent properties.
(X) Outdoor Lighting Plan: An outdoor lighting plan meeting the requirements of
Subsection 9-9-16(g), B.R.C. 1981.
(Y) Electrification Plan: An electrification plan identifying all sources of electricity
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that will be brought to or used at the proposed oil and gas location during all
phases, including drilling, completion, and operations, and meeting the
requirements of the City of Boulder Design and Construction Standards.
(Z)Operations and Risk Assessment Plan: An operations and risk assessment plan
describing in detail the daily operations of the proposed oil and gas operations use
including the method, schedule, and duration of time for drilling, completion,
production, extraction techniques, and decommissioning, as well as written
procedures detailing employee training requirements and training records and
adherence to safety protocols in response to any potential risks identified in the
risk assessment plan.
(AA)The following detailed reports and plans prepared by independent experts,
engineers, or consultants referenced in this section to be retained by the applicant
and subject to approval by the city manager and necessary to determine
compliance with the standards and criteria of this section:
(i)Air Quality Report: Air quality report containing the following:
a.Analysis of Existing Emissions. An independent expert’s inventory
of methane, volatile organic compounds, nitrogen oxides, CO2,
and particulate emissions for all oil and gas facilities and
operations in Boulder County owned or operated by the applicant
for the calendar year prior to registration or renewal. Operators
must submit all air pollution emission notices for hazardous air
pollutants submitted to the CDPHE Air Pollution Control Division
to the independent expert for review.
b.Air Quality Modeling. A qualified, independent modeling study
that considers all relevant environmental and atmospheric
conditions and:
1.Assesses the existing air quality at the proposed site;
2.Predicts the anticipated emissions (including hazardous air
pollutants, methane, volatile organic compounds, nitrogen
oxides, CO2, and particulate emissions) from the proposed
oil and gas facilities and operations, assuming use of and
identifying all emissions control equipment and processes
intended for use at the oil and gas facilities; and
3.Models the impacts on air quality from the proposed oil and
gas facilities and operations over their lifetime, until final
reclamation obligations are completed to the city’s
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satisfaction, including the compounding effects of climate
change on ozone and particulate pollution in the city and
taking into account and identifying all relevant factors
including natural conditions and other air quality impacts
from any existing or foreseeable source.
(ii)Odor Plan: A list of all odor reduction measures that will be used to
address the predicted odors from the proposed oil and gas facilities and
operations and meet Section 9-6-12(b)(12)(E), B.R.C. 1981. Identification
of all natural features (e.g., topography, prevailing wind patterns,
vegetation) that will aggravate or mitigate odor impacts on the areas
within 2000 feet of the parcel(s) where the oil and gas facilities are
proposed to be located. At a minimum, the plan shall indicate that the
applicant will notify the city manager in writing of any complaints no later
than 24 hours after receipt.
(iii)Noise and Vibration Study and Plan: A noise and vibration study and plan
including the following:
a.Monitoring Plan. An independent expert’s plan for the creation of
the baseline report and noise modeling, including the proposed
receptor locations, proposed test periods, and proposed times of
year for monitoring and the software and methodology for
modeling. This plan must be approved by the city manager prior to
the creation of a baseline report or noise modeling. This plan must
demonstrate that the baseline report and noise modeling will
comply with the current version of American National Standards
Institute S 1.4: Specifications for Sound Level Meters.
b.Baseline Noise Report. Report of dBA and dBC ambient noise
levels over 24-hour test periods for at least 3 consecutive weekdays
and 3 consecutive weekend periods at the site in different weather
conditions, according to the monitoring plan. The baseline noise
reports must include wind speed and direction, rainfall data, season
conducted, and any other relevant conditions.
c.Noise Modeling. Using an industry-recognized noise modeling
software, modeling of expected dBA and dBC noise levels from
the proposed oil and gas facilities and operations during all phases
of development and operation, assuming use of and identifying all
noise-mitigating equipment and measures intended for use at the
proposed oil and gas facilities or operations. All noise modeling
must include a list of all noise sources, reference noise data used in
the model for each source, noise attenuation specifications for any
proposed noise walls, and a scaled map showing predicted noise
levels.
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d.Vibration Analysis. An analysis of the probability of vibration as a
result of the oil and gas operations and how the possibility of
vibration will be avoided or mitigated.
e.Complaint Procedure. A plan for responding to noise or vibration
complaints and communicating the results to the complainant and
to the city manager. The operator shall notify the city manager in
writing of any complaints no later than 24 hours after receipt.
(iv) Flood Protection and Mitigation Plan: If the proposed oil and gas
operations are within the one hundred-year or five-hundred-year
floodplain, an independent engineer’s plan that describes how flood
protection measures and flood response actions, such as remote shut-in
procedures and anchoring, will be implemented.
(v) Baseline Soil Conditions Report and Geotechnical Report: An independent
expert’s report detailing the soil conditions on the site on which the
proposed oil and gas operations will be located. The report will address
the United States Department of Agriculture National Resources
Conservation Service classification of the soils, the organic and inorganic
characteristics of the soil, and any existing contamination or sensitive soil
features existing on the site.
(vi) Natural Resources Impact Report: An independent expert’s report and
maps identifying significant natural ecosystems or environmental features,
significant natural communities, rare plant areas, high biodiversity areas,
natural landmarks, and natural areas, as identified in the Boulder Valley
Comprehensive Plan or through other sources, using the best available
information, and identifying the anticipated impacts of the proposed oil
and gas facilities and operations on these resources, and providing
recommendations for avoiding or minimizing such impacts.
(vii)Cultural and Historical Resources Survey: A cultural, historical, and
archeological survey of the site where the oil and gas operations are
proposed to be located done in consultation with History Colorado.
(viii)Traffic and Roadway Impact Report: A traffic and roadway impact report
containing the following:
a.A transportation impact study, as defined in the Design and
Construction Standards, covering all areas affected by the
proposed oil and gas facilities or operations and prepared by a
Colorado licensed professional engineer.
b.A map of the City of Boulder and Boulder County streets and
roadways indicating proposed trip routes for all traffic serving the
oil and gas operations during all phases of well development and
operations, for the lifetime of the oil and gas operations use until
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final reclamation obligations are completed to the city manager’s
satisfaction.
c.For each segment of proposed traffic routes, the types, sizes,
weight, number of axles, volumes, and frequencies (daily, weekly,
total) and timing (times of day) of all vehicles to be used during all
phases of the proposed oil and gas operations.
d.The intended measures the applicant will take to ensure safety,
maintenance of road condition, and the quality of life experience of
other users of the transportation system, adjacent residents, and
affected property owners, including without limitation, operational
measures to minimize impacts to the public including, but not
limited to, time of day, time of week, vehicle fuel and emissions
reduction technology, noise minimization, and traffic control
safety measures, maintenance practices on any proposed route,
including without limitation, grading of unpaved roads, dust
suppression, vehicle cleaning necessary to minimize re-entrained
dust and seeds from noxious weeds from adjacent roads, snow and
ice management, sweeping of paved roads and shoulders, pothole
patching, repaving, crack sealing, and chip sealing necessary to
maintain an adequate surface of paved roads along the proposed
route; and any necessary physical infrastructure improvements to
ensure public safety for all modes of travel including non-
motorized modes along travel routes to and from the site.
(ix)Agricultural Assessment. An independent expert’s report identifying the
anticipated impacts of the proposed oil and gas operations use on any
current agricultural uses and the existing productivity of the lands where
the industrial uses are proposed.
(x)Water Quality Report and Plan: A water quality report and plan including
the following:
a.Testing of Existing Conditions. A qualified, independent expert’s
assessment of existing water quality conditions on and adjacent to
the parcel(s) where the oil and gas operations use will be located
based on testing as follows:
1.Identification of and offers to owners to sample all
domestic water wells and water sources located within one
mile of the parcel or parcels on which the oil and gas
operations use is proposed to be located and within one-
half mile of either side of the full length of each proposed
wellbore. For all water wells and water sources for which
the applicant is given permission by the owners;
2.Initial collection and testing of baseline samples from
available water sources within 12 months prior to the
commencement of drilling a well, or within 12 months
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prior to the re-stimulation of an existing well for which no
samples were collected and tested during the previous 12
months;
3.Analysis. All sampling shall be performed by the applicant
according to the specified methods in 40 C.F.R. Part 136,
including sample containers, preservation methods, and
holding time limits, for the analytes listed in Table 6-7,
“Water Quality Analytes”; and
4.GPS coordinates, at sub-meter resolution, for all water
wells and water sources tested.
A.An operator may rely on existing sampling data
collected from water sources within the radius
described above, provided the data was collected
within the previous 12 months, the data includes the
constituents listed in Table 1, and there has been no
oil and gas activity within a one-mile radius in the
time between the original sampling and the present.
B.If the operator is unable to locate and obtain
permission from the owner of a water source to be
tested, the operator must advise the city manager
that the operator could not obtain access to the
water source from the surface owner.
C.The operator will submit a monitoring report to the
city manager with the application, including
reporting on damaged or unsanitary water well
conditions; existing, adjacent potential pollution
sources; water odor; water color; presence of
sediment; bubbles and effervescence; and the
existence and amount of any Table 6-7 analytes
found. Copies of the report will be provided to the
COGCC and the water source owners within 10
days after the operator’s receipt of the report.
If sampling shows water contamination, the city manager may require
additional measures including the following: if free gas or a dissolved
methane concentration level greater than one milligram per liter (mg/l) is
detected in a water source, determination of the gas type using gas
compositional analysis and stable isotope analysis of the methane (carbon
and hydrogen) or if the test results indicate thermogenic or a mixture of
thermogenic and biogenic gas, an action plan to determine the source of
the gas; or additional reporting to Boulder County Public Health.
b.Modeling of Impacts. An independent expert’s modeling of the
water quality impacts on any water bodies and groundwater within
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one mile, or as otherwise determined, of the oil and gas operations
use.
Table 6-7: WATER QUALITY ANALYTES
General Water
Quality
Alkalinity Conductivity & TDS pH,
Dissolved Organic Carbon (or Total Organic Carbon),
Bacteria, including Total Coliform and E. Coli,
Hydrogen Sulfide
Major Ions Bromide, Chloride, Fluoride,
Magnesium, Potassium, Sodium,
Sulfate,
Nitrate + Nitrite as N (total)
Metals
(to be analyzed
in dissolved
form)
Arsenic, Barium, Boron,
Chromium, Copper, Iron,
Lead, Manganese, Selenium,
Strontium
Dissolved Gases and
Volatile Organic
Compounds
Methane,
Benzene, Toluene, Ethylbenzene, Xylenes (BTEX);
Total Petroleum Hydrocarbons (TPH)
Other Water Level,
Stable isotopes of water (Oxygen, Hydrogen),
Carbon Phosphorus,
Radionuclides,
Tracing materials associated with operator’s fracking fluid as identified in
the water quality report and plan pursuant to Section 9-6-
12(b)(11)(AA)(x), B.R.C. 1981.
(xi)Water Quantity Control, Supply and Use Report: A water quality control,
supply and use report including the following:
a. An estimate of the amount of water needed for all phases of the oil
and gas operations use.
b. Considering the prohibitions in Section 11-1-59, “Water Use, Sale,
or Supply for Oil and Gas Extraction Prohibited,” B.R.C. 1981, the
supply source of water intended for use by the proposed oil and gas
facility or operations.
c. A list of all available sources of water for the proposed oil and gas
operations, and if multiple supply sources are available, analysis of
which source is least detrimental to the environment.
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d. An independent expert’s assessment of the impacts of the proposed
use of water described in subparagraphs a. and b. above. Impacts
to, at a minimum, downstream users, groundwater users,
agricultural lands and users, terrestrial and aquatic wildlife, plant
communities, and recreation must be considered.
(xii)Water Management Plan: An independent expert’s recommendation of
measures that will avoid or minimize the impacts identified in subsection
(b)(11)(AA)(xi) d. above and address the water use standards in
Subparagraph 9-6-12(b)(12)(M), B.R.C. 1981. The plan shall include an
estimate of the amount of produced water and other wastewater that will
be generated by the proposed oil and gas operations, including a
description and evaluation of potential flowback and produced water
volume reduction options through recycling, reuse or other beneficial uses
and the rationale for the methods to be employed.
(xiii)Stormwater Quality Control: A plan and report for establishing
compliance with the stormwater management provisions of Chapter 11-5,
“Stormwater and Flood Management Utility,” B.R.C. 1981, and the City
of Boulder Design and Construction Standards, and with all water quality
or stormwater quality control permits obtained from the city or any other
agency. For purposes of Chapter 11-5, B.R.C. 1981, the oil and gas
facility shall be considered an applicable development site as defined in
Section 11-5-2, “Definitions,” B.R.C. 1981. With reference to such
standards, the plan must include:
a.Containment of pollutants.
b.A list of the control measures that will be employed to prevent
illicit or inadvertent discharges of contaminated stormwater, which
may include containment impoundments, energy dissipators,
sediment traps, check dams, culverts, and level spreaders or similar
devices.
c.Spill notification and response plans.
d.A non-radioactive means of tracing fracking fluid migration from
the oil and gas operations, such as identifying the isotopic
fingerprint of the operator’s fracking flowback fluids, for use in
tracing any subsequent water contamination.
e.The timing and means of applicant providing the city with the
information it provides to the COGCC ensuring compliance with
the water quality protection standards contained in COGCC rules
and associated forms.
(xiv)Flowline Management Plan: A flowline management plan including the
following:
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a. Description of how the operator intends to adhere to the integrity
management procedures listed in COGCC Rule 1104.c-f.
b. A copy of the leak protection and monitoring plan required by
COGCC Rule 1104.g, as applicable.
c. A map at a scale of one inch equals 250 feet (1" = 250') or such
scale as required by COGCC showing the location of all existing
and proposed flowlines associated with the oil and gas operations.
For each existing and proposed flowline, the map shall denote its
size and the maximum pressure at which it is or will be operated,
and its depth from the surface. An electronic map meeting these
requirements and compatible with the city’s GIS mapping system
shall also be provided.
d. Description of the measures planned to minimize land disturbance
and impacts to vegetation.
(xv) Waste Management Study and Plan: A waste management study and plan
that includes the following:
a.Projected Waste: An independent expert’s assessment projecting
the types and amounts of waste (including construction waste,
drilling mud, fracking fluids, exploration, and production waste)
that will be generated by the oil and gas operations use throughout
its lifetime, until final reclamation obligations are completed to the
city manager’s satisfaction. The assessment will include
description of any sources of technically enhanced naturally
occurring radioactive material used in or generated by the oil and
gas operations use.
b.Waste Management Plan: A plan for disposal of all waste
generated by the oil and gas operations use, including use of truck
or pipeline transport with details of anticipated truck trips (routes,
number of trips, timing of trips). The plan will identify whether
waste materials will be stored on site and, if so, how such storage
will avoid adverse impacts to the oil and gas operations use
parcel(s), surrounding lands, water and natural resources, air
quality, and public health, safety, and welfare. The plan must
specify whether on-site storage of drilling mud is contemplated
and, if so, how the applicant will eliminate odors leaving the site.
(xvi)Existing Mines Risk Study: An independent engineer’s study and
assessment of the degree and type of risks posed by interaction of the
proposed oil and gas operations use with existing or former mining
operations, such as subsurface features resulting from other mineral
mining activities within one mile of the proposed oil and gas operations
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use and within one mile of either side of the full length of each proposed
wellbore.
(xvii)Hazardous Materials Management Plan: Hazardous materials management
plan that identifies hazardous materials that will be used or stored at the
facility or site, (including those disclosed through the "Frac Focus"
process or other chemical disclosure registry directed by the COGCC), the
physical hazards they present, the quantity on hand (daily and maximum),
the storage method and location, and any other pertinent information that
is of value to employees exposed to the materials and/or first responders in
the event of an accident or incident. Operator shall provide copies of all
safety data sheets to the city manager prior to each phase of operations.
Safety data sheets shall meet the standards of 29 C.F.R. 1910.1200(g).
(xviii) Emergency Preparedness Plan: The emergency preparedness plan must
consist of at least the following information:
a.Name, address and phone number, including 24-hour emergency
numbers for at least 2 persons located in or near the City of
Boulder who are responsible for emergency field operations. The
operator is responsible for ensuring that at least one of these
emergency contacts can be on the site of any emergency within 15
minutes.
b.Protocols for notification of emergency response services and the
city manager, including contact names and numbers for each such
agency, for use in reporting any incident causing or threatening to
cause personal injury or property damage. quickly thereafter as
practicable and in no instance more than 24 hours later.
c.An as-built facilities electronic map compatible with the city’s GIS
system, as determined by the city manager, depicting the locations
and type of above and below ground facilities including sizes and
depths below grade of all onsite and offsite oil and gas gathering
and transmission lines and associated equipment, isolation valves,
surface operations and their functions. The as-built map must be
submitted within 30 days of the ready-for-service date.
d.Transportation routes to and from oil and gas operations for
emergency response and management purposes, including at least
two evacuation routes and health care facilities that would be used.
e.Detailed information addressing each potential emergency that
may be associated with the operations. This will include events
such as the following: well integrity issues; explosions; fires; gas,
oil or water pipeline leaks or ruptures; hydrogen sulfide or other
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toxic or explosive gas emissions; and hazardous material vehicle
accidents or spills. This will also include external hazards to the
site such as earthquakes, lightning, floods, high winds, tornadoes,
blizzards, terrorism, vandalism, or wildfire.
f. The threshold or triggers constituting an emergency must be
identified.
g.The plan must include a provision that any spill outside of the
containment area or that has the potential to leave the facility or to
threaten a water body or groundwater must be reported to the
emergency dispatch and the city manager immediately, and in no
case more than four hours after such spill is discovered, in addition
to all necessary reporting to state agencies.
h.Project-specific emergency preparedness plans are required for any
project that involves drilling or penetrating through known zones
of hydrogen sulfide gas.
i.The plan must include a provision that obligates the operator to
reimburse the appropriate emergency response service providers
for costs incurred in connection with any emergency. The
appropriate emergency response service provider may specify
alternative methods for reimbursement of its services. If requested
by the emergency response agency, operator will include a
provision in the plan that addresses regular training exercises.
j.Detailed information on safety management showing that the
operator has adequate personnel, ongoing safety training of all on-
site personnel, safety supplies, and funding to be able to always
immediately implement the emergency response plan during
construction and operations.
k.As applicable, the plan must include provisions that obligate the
operator to keep onsite and make immediately available to any
emergency responders the identification and corresponding Safety
Data Sheets of all products used, stored or transported to the site,
including fracking fluids. Operators must timely provide safety
data sheets to the public in response to a written request. In cases
of spills or other emergency events, the plan must include
provisions establishing a notification process to emergency
responders of potential products they may encounter, including the
products used in the hydraulic fracturing fluids.
l.The plan must include a provision establishing a process by which
the operator periodically engages with the surrounding residents
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and landowners to educate them on the risks of the onsite
operations, explain emergency procedures, engage in evacuation
exercises, and to establish a process for surrounding neighbors to
communicate with the operator.
m.The plan must include a process by which the community can
submit concerns and complaints and be assured of responses.
n.Operator shall maintain onsite storage of aqueous film forming
foam (which shall not contain PFAS), absorption boom and
granulated materials for ready deployment in case of leaks or other
emergencies. Operator shall notify first responders of the location
of said materials.
o.Operator shall provide a copy of its emergency response plan for
any natural gas or hazardous liquid pipelines regulated by the
Pipeline and Hazardous Materials Safety Administration or the
Colorado Public Utilities Commission for those pipelines operated
within the city.
(xix)Abandoned Wells Plan: An abandoned wells plan that includes the
following:
a.A map at a scale designated by the city manager showing the
location, including the latitude and longitudinal coordinates (GPS
location), of abandoned and temporarily abandoned wells.
b.Copy of the most recent mechanical integrity test report submitted
to COGCC for each temporarily abandoned well.
c.Copy of Form 6 Notice of Intent to Abandon submitted to
COGCC.
d.Quarterly inspections of temporarily abandoned and shut-in wells
for surface impacts.
(xx)Wildlife Assessment: An independent expert’s report (i) identifying the
presence and population numbers of: species listed in the Boulder County
Wildlife Species of Concern listing; Species of Greatest Conservative Need
Tier 1 and Tier 2 as identified by Colorado Parks and Wildlife; and
federally-designated threatened or endangered species, (ii) a general
biodiversity survey, in consultation with the city manager, of the major
taxa of terrestrial and aquatic organisms, including insects and other
macroinvertebrates, amphibians and birds, (iii) identifying the anticipated
impacts of the proposed oil and gas facilities and operations on wildlife
and wildlife habitat, and (iv) recommending measures for avoiding or
minimizing such impacts.
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(xxi) Supplemental Information: If at any point during the use review
process, the city manager determines that additional information is
required to conduct adequate review of the application in light of the
standards and criteria, the city manager may suspend the application
review until the additional information is received.
(12)Criteria: An applicant for an oil and gas operations use must demonstrate that the use
will protect and minimize adverse impacts to public health, safety, and welfare and the
environment and wildlife. To minimize adverse impacts means, to the extent necessary
and reasonable, to protect public health, safety, and welfare and the environment and
wildlife by avoiding adverse impacts from oil and gas operations and minimizing and
mitigating the extent and severity of those impacts that cannot be avoided. If the
approving authority determines that the applicant has not shown that the proposed use
will be designed and conducted in a manner that protects and minimizes adverse
impacts to the public health, safety, and welfare and the environment and wildlife, the
approving agency will deny the application. In determining whether the use meets the
standards, the approving authority shall consider the impacts of the proposed use in
light of the direct and indirect impacts and the cumulative impacts. In determining
whether the application meets these standards, the approving authority will consider
whether the applicant has demonstrated each of the following requirements:
(A)Operations and Risk Assessment Plan: The operations and risk assessment plan
includes responses to the review criteria of this paragraph and demonstrates that
the use, if approved, will meet these criteria.
(B) Worker Training and Safety: The use will be operated in a manner that avoids or
sufficiently minimizes and mitigates adverse impacts to public health, safety, and
welfare and the environment and wildlife that could be caused by human error or
negligence. All workers, including contractors, at oil and gas operations have any
applicable nationally recognized certifications and training for the work they are
performing. This includes, but is not limited to, hazard communications training,
hazardous waste operations certifications, heavy equipment operator training,
occupational safety and health training etc. The use will be conducted in a manner
that avoids or sufficiently minimizes and mitigates risks of personal injury and
property damage.
(C)Financial Fitness and Assurance: The use will avoid or sufficiently minimize and
mitigate adverse impacts to public health, safety, and welfare and the environment
and wildlife resulting from financial instability of the operator. The applicant has
sufficient financial stability to operate the proposed oil and gas operations use for
the lifetime of the use until final reclamation obligations are completed to the
city’s satisfaction. The applicant must provide forms of financial assurance
sufficient to guarantee performance of all conditions of approval and obligations
through the lifetime of the proposed oil and gas operations until final reclamation
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obligations are completed to the city’s satisfaction, which may include
environmental financial guarantees.
(D)Air quality and dust: The use will:
(i)Avoid or sufficiently minimize and mitigate emission-related impacts to
public health, safety, and welfare and the environment;
(ii)Not cause or contribute to exceedances of the National Ambient Air
Quality Standards, cause degradation to air quality, or interfere with the
attainment of ozone standards for the Denver Metro/North Front Range
ozone non-attainment areas established by the US Environmental
Protection Agency;
(iii)Not contribute particulate matter to the air in a manner that fails to protect
public health; and
(iv)Eliminate, capture, or minimize all potentially harmful emissions,
including methane, minimize and contain dust associated with onsite
activities and traffic to the property, and demonstrate how the operator
will prevent and mitigate gas leaks and air emissions.
(E)Odor: The use will avoid or sufficiently minimize and mitigate adverse impacts
on public health, safety, and welfare and the environment and wildlife from odor.
No odor, including any chemical odor, from the use shall be detectable after
dilution with two or more volumes of odor free air as measured at the property
line of the oil and gas operations property.
(F)Noise: The use will avoid or sufficiently minimize and mitigate adverse impacts
to public health, safety, and welfare and the environment from noise and vibration
and not create noise that unreasonably exceeds the existing ambient noise levels.
In no instance may the use produce dBA noise exceeding limits set by the
COGCC or exceeding the limits set in Chapter 5-9, “Noise,” B.R.C. 1981. For
purposes of the noise standards under Chapter 5-9, B.R.C. 1981, drilling,
completions, and hydraulic fracturing shall not be considered construction work
activity.
(G) Vibration: The use will avoid or sufficiently minimize and mitigate adverse
impacts related to vibrations significant enough or long enough in duration to
cause adverse impacts to the public health, safety, and welfare, the environment,
wildlife, or quality of life of surrounding residents and occupants or damage to
existing structures.
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(H)Outdoor Lighting: The use will be conducted in a manner that avoids or
sufficiently minimizes and mitigates light pollution on neighboring properties
and is compliant with Chapter 9-9-16, “Outdoor Lighting,” B.R.C. 1981.
(I)Grading, Drainage, and Erosion: To prevent adverse impacts to the environment,
the use will not cause erosion or sedimentation and will be conducted consistent
with any approved grading, drainage, stormwater management and erosion
control plan(s).
(J) Protection of Water Bodies, Riparian Areas and Wetlands: The use will avoid or
sufficiently minimize and mitigate adverse impacts to all surface water bodies
including, but not limited to, irrigation ditches and reservoirs, as well as wetlands
or aquatic habitat, riparian areas, and riparian corridors mapped on the city’s
adopted stream, wetland and water body maps or identified through the use
review process using the best available information and is compliant with Section
9-3-9, ”Stream, Wetlands, and Water Body Protection,” B.R.C. 1981.
(K)Floodplains and Floodways: In addition to compliance with the flood protection
measures in Chapter 9-3, “Overlay Districts,” B.R.C. 1981, the use will avoid or
sufficiently minimize and mitigate the risk of adverse impacts to public health,
safety, and welfare and the environment and wildlife from floods. Above-ground
oil and gas facilities are prohibited in the flood conveyance zone and flood high
hazard zone. Above-ground oil and gas facilities must be located outside a
floodplain unless the applicant proves that no other sites can be reasonably used,
or if reasonably necessary to avoid or sufficiently minimize and mitigate adverse
impacts to public health, safety, and welfare, the environment and wildlife.
(L)Adequate Water Supply: The available and proposed water supply is the least
detrimental to the environment among the available sources and adequate to meet
the needs of the facility.
(M)Water Use and Quality: The use will prevent adverse impacts to public health,
safety, and welfare and the environment by avoiding degradation of surface and
ground waters which may otherwise adversely impact, without limitation water
users, groundwater users, water delivery systems, agricultural lands and
operations, recreational water body health, terrestrial and aquatic life.
(N) Land Disturbance and Soil Quality: The use will:
(i)Avoid or sufficiently minimize and mitigate adverse impacts to the surface
lands under and immediately surrounding all oil and gas operations use.
Considerations in applying this standard include, but are not limited to,
alteration of the natural topography and existing vegetation, the scope of
the proposed oil and gas facilities or operations, the amount of cut and fill,
run-off and erosion potential, and soil stability, and
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(ii) Avoid or sufficiently minimize and mitigate adverse impacts to baseline
soil conditions.
(O) Natural Resources: The use will avoid or sufficiently minimize and mitigate
adverse impacts to significant natural ecosystems or environmental features,
significant natural communities, rare plant areas, high biodiversity areas, natural
landmarks, and natural areas, as identified in the Boulder Valley Comprehensive
Plan, other sources, or through the use review process using the best available
information.
(P)Cultural and Historic Resources: The use will avoid or sufficiently minimize and
mitigate adverse impacts to or loss of potentially significant cultural, historic, or
archaeological resources as identified in the city’s historic survey information or
through the use review process, resources eligible for city designation as a
historical landmark, and sites listed in or eligible for listing in the State or
National Registers of Historic Places.
(Q)Transportation, Roadways, and Access: The use shall be designed and
implemented to avoid or minimize and mitigate impacts to physical infrastructure
of the city’s multi-modal transportation system, ensure public safety, avoid traffic
conflicts and crashes, and maintain quality of life for other users of the city
transportation system, adjacent residents, and affected property owners as a result
of truck traffic associated with the site.
(R)Surrounding Buildings: The use shall be sited and operated in a manner so that the
facility is compatible with surrounding buildings. In applying this standard,
separation from surrounding buildings shall be considered the most effective
measure to ensure compatibility between proposed oil and gas operations use and
existing buildings. Considerations for application of this standard may also
include, but are not limited to, impacts on used or occupied structures; the natural
topography and existing vegetation; the location of surrounding buildings,
prevailing weather patterns, including wind directions and air flow; and hilltops,
ridges, slopes, and silhouetting.
(S) Recreational Activity, Trails, Bikeways: The use will avoid or sufficiently
minimize and mitigate adverse impacts to the quality and quantity of both active
and passive recreational activities, trails, and bikeways maintained by the city or
that are mapped or identified through the use review process using the best
available information.
(T)Visual Impact and Screening: The use, including but not limited to drilling rigs,
holding tanks, parking areas, equipment storage areas, and pipelines, shall be
screened from adjacent properties and the public right-of-way by either
landscaping or walls or combination thereof. Any screening and the facility shall
be designed and painted to avoid causing visual degradation to the scenic
attributes or character of the area.
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(U) Revegetation, Reclamation, and Vegetation Management: Oil and gas operations
will avoid or sufficiently minimize and mitigate adverse impacts to affected lands
resulting from land disturbance, vegetation clearing, and weed incursion. The
operator must fully reclaim all areas of disturbance and revegetate if necessary.
Vegetation must be fully established pursuant to approved revegetation and
reclamation plans and the vegetation management plan.
(V) Electrification: The use will avoid or sufficiently minimize and mitigate adverse
impacts from the use of generators and fossil fuel combustion. Operations will be
electrified to the highest degree possible. Renewable energy sources will be
required unless the applicant proves that they are not feasible in which case off-
site renewable offsets may be substituted.
(W) Pipelines and Gathering Lines: All flowlines and fresh, produced, or wastewater
pipelines and gathering lines: will be routed and constructed to avoid or
sufficiently minimize and mitigate adverse impacts to current and planned
infrastructure and natural resources and to public health, safety, and welfare and
the environment and wildlife, without compromising pipeline integrity and safety;
any such lines constructed in public right-of-way and easements shall meet the
requirements of Chapter 8-6, “Public Right-of-Way Encroachments,” B.R.C.
1981. Pipelines crossing streams, ditches, or other water bodies must be bored
underneath the water body meeting the requirements of the City of Boulder
Design and Construction Standards and Chapter 9-3-9 “Stream, Wetlands, and
Water Body Protection.” B.R.C. 1981.
(X)Waste: The use will avoid or sufficiently minimize and mitigate adverse impacts
to public health, safety, and welfare and the environment and wildlife from waste
materials. All waste generated by oil and gas facilities and operations will be
stored, transported, and disposed of safely. Injection wells and disposal wells are
prohibited.
(Y) Emergency Preparedness and Response: In response to a developed risks analysis
plan, the use will avoid or sufficiently minimize and mitigate risks of and
appropriately prepare for emergency situations such as explosions, fires, gas, oil
or water pipeline leaks, ruptures, hydrogen sulfide or other toxic gas or fluid
emissions, and hazardous material vehicle accidents or spills. Oil and gas
operations shall ensure that, in the event of an emergency, adequate practices,
procedures, and infrastructure are in place to protect public, health, safety, and
welfare and the environment and wildlife and repair damage caused by
emergencies.
(Z)Abandoned Wells: The abandoned wells plan demonstrates how adverse impacts
to public health, safety, and welfare and the environment are prevented and how
risks associated with abandoned wells are eliminated or minimized and mitigated.
(AA) Wildlife Impacts: Oil and gas facilities and operations will avoid or sufficiently
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minimize and mitigate adverse impacts to wildlife habitat and migration corridors
and wildlife, including species listed in the Boulder County Wildlife Species of
Concern listing; Species of Greatest Conservation Need Tier 1 and Tier 2 as
identified by Colorado Parks and Wildlife; and federally designated threatened or
endangered species, as mapped by those agencies, or identified on the site.
(13)Conditions of Approval and Operating Standards for Oil and Gas Operations Use: The
approving authority will not approve an application unless the applicant demonstrates that
the oil and gas operation use will avoid or minimize and mitigate impacts to the public
health, safety and welfare and the environment. If the application is approvable, the
approving authority may add conditions if they are necessary for the application to meet
the review criteria or to ensure compliance with the standards in this subsection (b).
Conditions may include but are not limited to the following:
(A) Locational Restrictions: The approving authority may adjust or restrict the locations
of any or all proposed oil and gas operations, which may include, without limitation,
consolidating, distributing, or re-locating facilities; sharing of existing infrastructure
by multiple oil and gas operations; minimizing the installation of new facilities and
avoiding additional disturbance to the environment, landowners, and natural
resources; or modification of proposed travel routes for some or all phases of the oil
and gas operations.
(B)Scope Adjustments: The approving authority may adjust the scope of operations
such as to change the size and density of facilities which may include, without
limitation, reductions or limitations on the number of total wells, reductions or
limitations on the number of wells per pad; or changes to the dimensions of the
proposed facilities.
(C)Timing and Phasing: The approving authority may restrict the timing and phasing
including, but not limited to, separating the overall project into phases over a
period of time; establishing the timeline for commencement and duration of all or
some phases of oil and gas operations use; establishing the times in which all or
some phases of oil and gas operations are conducted with respect to weather,
agricultural activities, wildlife needs and other seasonal concerns; or limiting times
of day and night in which operations are conducted.
(D) Air Quality: To protect air quality and public health, the approving authority may
require emissions control measures, including, but not limited to, one or more of the
following unless otherwise stated as a requirement:
(i)Compliance with the current, most protective air quality regulations and
health-based standards, which may include regulations and standards set by
the EPA, CDPHE, COGCC, Centers for Disease Control, or other relevant
authorities.
(ii)Continuous monitoring during all phases from pre-production through the
end of production, which may monitor air quality at the oil and gas
operation, nearby properties, and other areas of concern. Monitoring system
must be capable of immediately alerting operator of increases in monitored
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air pollutant concentrations.
(iii)A leak detection and repair program that may include:
a.Use of best available technology leak detection, such as infra-red
cameras and hydrocarbon analyzers;
b.Regular on-site inspections at a frequency determined by the city
manager;
c. Immediate leak repair;
d.Reporting of monitoring and inspection results to the city manager,
who may make such reports available to the public;
e. Operator maintenance of all images and data obtained from leak
detection devices for 10 years, to be made available to the city
manager upon request; and
f.Immediate reporting of all leaks detected to the city manager.
(iv)Completion of wells using reduced emission completion practices.
(v)Requiring closed-loop pitless systems for containment and/or recycling of
all drilling, completion, flowback and produced fluids.
(vi)Routine flaring is prohibited. In the event of an emergency, operators may
be required to shut-in the well if the emergency lasts longer than 24 hours;
routine maintenance does not constitute an emergency.
a. Routine flaring is the flaring of natural gas during the normal course
of oil and gas production for reasons other than safety, emergencies,
during well maintenance activities, or other conditions outside of the
control of the operator.
b. For any permitted flaring, other than during flaring permitted during
pre-production, operators must comply with the following:
1. Provide manufacture test or other data demonstrating
hydrocarbon destruction or control efficiency that complies
with a design destruction efficiency of 98% or better;
2.Use an auto igniter or continuous pilot light;
3.Provide proof that any flare, auto ignition system, recorder,
vapor recovery device or other equipment used to meet the
hydrocarbon destruction or control efficiency requirement is
installed, calibrated, operated, and maintained in accordance
with the manufacturer’s recommendations, instructions, and
operating manuals; and
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4.Use electronic surveillance monitors to detect when pilot
lights on control devices are extinguished.
(vii)Venting is prohibited during all phases unless approved by the city manager
or required in situations where there is an immediate threat to public health,
safety, and welfare, the environment, and wildlife.
(viii)Require all pneumatics to be non-emitting pneumatic controllers.
(ix) Zero-emission desiccant dehydrators or 98% control of hydrocarbon
emissions from glycol dehydrators.
(x) Operator participation in Natural Gas STAR or other voluntary programs to
encourage innovation in pollution control.
(xi) Emission reduction measures in immediate response to posting of air quality
action day advisories by CDPHE for the area of the operations, including
minimizing vehicle and engine idling, reducing truck and employee traffic,
delaying vehicle refueling, suspending or delaying use of gas-powered
ancillary equipment, postponing well maintenance and storage tank
hydrocarbon liquid loadout, postponing construction and maintenance
activities.
(xii) Consolidation and centralization of product treatment and storage equipment
and compression equipment.
(xiii) Use of a pressure-suitable separator and vapor recovery unit.
(xiv) Require dry seals on centrifugal compressors.
(xv) Routing of emissions from rod-packing and other components on
reciprocating compressors to vapor collection systems.
(xvi) Control emissions by 98% during storage tank hydrocarbon liquids loadout
(i.e., loading out liquids from storage tanks to trucks).
(xvii) Prohibit manual venting during well liquids unloading activities, use best
management practices during liquids unloading activities, including the
installation of artificial lift, and automated plunger lifts or other forms of
artificial lift or a control device capable of destroying hydrocarbons by (98%
or better). Best management practices are practices designed to prevent or
reduce impacts of the activity to air, water, soil, or biological resources, and
to minimize adverse impacts to public health, safety, and welfare and the
environment and wildlife resources.
(xviii) Reduction or elimination of emissions from flowline maintenance activities
such as pigging, including routing emissions to a vapor collection system.
(E) Operations:
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(i)Requirement for use of pipelines to transport all gas and fluid materials,
including oil, natural gas, produced water, and waste products, to and from
the oil and gas facilities.
(ii)Delay of well completions until pipeline or gathering line transport is in
place for all hydrocarbon products and produced water or other wastewater.
(iii)Limitations on on-site storage tanks.
(iv)Restrictions on field maintenance of vehicles involving hazardous materials.
(v)Requirement that vehicles are only refueled on impervious surfaces and never
during storm events.
(F) Inspections:
(i)Operators shall inspect all their oil and gas facilities, including their shut-in
and temporarily abandoned facilities, as follows:
a.Soil sampling for contamination within the boundaries of existing
facility pads annually and along pipeline routes annually or after
any spill required to be reported.
b.Visual inspections for liquid leaks at least every 30 days and along
pipeline routes at least every 30 days
(ii)Operators shall report the date, methodology, subject, and results of all
inspections to the city manager monthly.
(iii)Notice of Completion of Clean-Up Activities: Following successful
completion of clean-up activities, the operator shall provide written notice to
the city manager and owners of abutting properties within three days of
completion.
(G)Water Supply:
(i) Measures necessary to avoid, minimize, and mitigate the impacts of the
proposed water use, including recycling.
(ii) Any necessary water agreements must be secured prior to any oil and gas
operations commencing.
(H) Waste: Compliance with the city-approved waste management plan, including
routine testing of all applicable waste for technically enhanced naturally occurring
radioactive material.
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(I) Water Quality and Stormwater Quality Control: On-going water quality monitoring
and use of protective measures such as those listed in this section:
(i)Follow-up and on-going testing of all water sources and water wells within
one mile of the parcel or parcels on which the oil and gas facilities are
proposed to be located and within one-half mile of either side of the full
length of each proposed wellbore. Sampling requirements may include:
a.Testing for the analytes listed in Table 6-7, Water Quality Analytes.
b.Post-completions and periodic on-going monitoring samples
collected from one up-gradient and one down-gradient source and
tested pursuant to the following time frame:
1.One sample within 6 months after completion.
2.One sample between 12 and 18 months after completion.
3. One sample between 60 and 72 months after completion.
4. For multi-well pads, collection shall occur annually during
active drilling and completion and on the subsequent dates
listed in this section.
c. If the operator is unable to locate and obtain permission from the
surface owner of a water source to be tested, the operator must
advise the city manager that the applicant could not obtain access to
the water source from the surface owner.
d. In any case, the city manager may require the applicant to drill a
water monitoring well on the well pad to ensure that groundwater
samples are collected from the aquifer(s) through which the well will
penetrate.
e. All sampling shall be performed by the applicant according to the
specified methods in 40 C.F .R . Part 136, including sample
containers, preservation methods, and holding time limits.
f.The location of each tested water source will be noted using a GPS
with sub-meter resolution.
g. Reporting on damaged or unsanitary water well conditions, adjacent
potential pollution sources, odor, water color, sediment, bubbles, and
effervescence.
h. The operator will submit a monitoring report to the city with the
application, including reporting on damaged or unsanitary water well
conditions; existing, adjacent potential pollution sources; water odor;
water color; presence of sediment; bubbles and effervescence; and
the existence and amount of any Table 6-7 analytes found. Copies of
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the report will be provided to the COGCC and the water source
owners within 10 days after the operator’s receipt of the report.
i. If sampling shows water contamination, additional measures may be
required including the following:
1.If free gas or a dissolved methane concentration level greater
than one milligram per liter (mg/l) is detected in a water
source, determination of the gas type using gas compositional
analysis and stable isotope analysis of the methane (carbon
and hydrogen).
2.If the test results indicate thermogenic or a mixture of
thermogenic and biogenic gas, an action plan to determine
the source of the gas.
3.Immediate notification to the city manager, the COGCC,
Boulder County Public Health, and the owner of the water
source if the methane concentration increases by more than 5
mg/l between sampling periods, or increases to more than 10
mg/l.
4.Immediate notification to the city manager, the COGCC,
Boulder County Public Health, and the owner of the water
source if benzene, toluene, ethylbenzene or xylene (BTEX)
or total petroleum hydrocarbons (TPH) are detected as a
result of testing. Such detections may result in required
subsequent sampling for additional analytes.
5.Further water source sampling in response to complaints
from water source owners.
j. Timely production and distribution of test results, well location, and
analytical data in electronic deliverable format to the city manager,
the COGCC, Boulder County Public Health, and the water source
owners.
k. The city may limit or prohibit toxic chemicals in hydraulic fracturing
fluids to avoid, minimize and mitigate surface impacts.
l. No produced water or other wastewater may be sprayed or otherwise
dispersed on any lands or waters within the city.
m. Compliance with Chapter 11-5, “Stormwater and Flood Management
Utility,” B.R.C. 1981, the City of Boulder Design and Construction
Standards, and all water quality or stormwater quality permits from
the city, state, and other agencies.
n. Flowback and produced water reporting including:
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1. A complete characterization of the operator’s flowback and
produced water streams, including chemical analyses,
radioactivity analyses, total dissolved solid concentrations and
rate of flowback and production fluid at each well;
2. Amount of flowback and production fluid generated by each
well that is recycled or reused for oil and gas operations; and
3. An accounting of all flowback and produced water from the
well to final disposal, including all temporary holding
facilities.
(J) Spills, Leaks, and Releases:
(i) Containment: Secondary or tertiary containment for oil and gas operations
may be required.
(ii) Reporting: Spills, leaks, and releases of any substance other than fresh
water, including spills of produced water, oil, condensate, natural gas
liquids, all spills, gas leaks, and exploration and production waste, must be
reported to emergency response as required and to the city immediately
upon discovery and no later than 6 hours thereafter. If the city determines
the spill or leak is reportable to any agency when the operator disagrees, the
city may make such report.
(iii) Clean-Up: Any leak, release, or spill will be cleaned up according to
applicable city, state and federal laws, including Colorado Water Quality
Control Commission regulations, the Oil and Pollution Act and the Clean
Water Act. Operators will notify the city immediately upon completion of
clean-up activities, at which time the city will inspect the site and either
approve the clean-up or impose additional requirements and remedies for
violations.
(iv) Root Cause Analysis: Submission to the city of a root cause analysis of any
spill, leak, or release of any substance other than fresh water that resulted in
serious bodily injury, fatality, or serious environmental harm, was a Grade 1
gas leak as defined by the COGCC, or is otherwise requested by the city
manager within 30 days of the leak, spill, or release.
(K) Revegetation and Reclamation:
(i)Specific revegetation and reclamation measures for all areas disturbed by
any oil and gas, including pipelines, in accordance with the revegetation and
reclamation plan approved by the city.
(ii)Revegetation and reclamation shall include the use of native or other plant
species approved by the city manager, integrated management of weed
control and preventions, and full establishment of appropriate vegetation for
a minimum of three consecutive growing seasons.
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(iii)Requirement that revegetation and reclamation, both preliminary and final,
begin as soon as possible after decommissioning of any oil and gas
operations or completion of construction and in no case later than 60 days
thereafter. Full establishment of revegetation and reclamation occurs only
after a minimum of 3 growing seasons demonstrating establishment of
desirable plant species.
(L) Site Management:
(i) Trash: Prohibition on burning of trash in association with an oil and gas
operation.
(ii) Removal of Non-Permanent Equipment: Time limits for non-permanent
equipment remaining on site.
(iii) Access Roads: Conditions to prevent run-off, erosion and other negative
impacts to access roads and abutting lands.
(M) Vegetation Management: Oil and gas operations uses must manage vegetation and
comply with the approved vegetation management plan.
(N) Drought-Tolerant Landscaping: All landscaping for screening and reclamation or
other purposes will include drought tolerant species that are native and suitable for
current and projected future climate conditions and the soil conditions of the area.
(O)Soils: Post-completion analysis. Pre-reclamation analysis of soil profiles including
soil invertebrates and microorganisms.
(P) Compliance with Emergency Response Plan: Following use review approval, if
applicable, adherence to a city approved emergency response plan is an on-going
condition of approval.
(Q) Site Security: Oil and gas facilities must be kept secure from trespassers and risk of
vandalism.
(R) Remote Monitoring and Control: Use of supervisory control and data acquisition or
other remote monitoring of wells, including remote telemetry units, onsite control
valves, onsite data acquisition devices, radio network/ modems, and the ability to
trigger an automatic shut-down of a facility.
(S) Seismicity: Operator shall conduct continuous seismic monitoring during fracking
operations.
(i)Seismic events greater than 2 .0 on Richter scale shall be reported to the city
manager and to COGCC.
(ii)If a seismic event occurs, the city manager may require cessation of
operations immediately. If the manager orders cessation, the operator may
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only resume work once the city manager is satisfied with the actions taken to
reduce the likelihood of further seismicity and has notified the operator that
work may be resumed.
(iii)Operations shall be immediately suspended for any seismic event measuring
4 .0 or above on the Richter scale. Operator may only resume work once the
city manager is satisfied with the actions taken to reduce the likelihood of
further seismicity and has notified the operator that work may be resumed.
(T) Noise:
(i) The operator shall conduct the use in compliance with and ensure
compliance of the use with Chapter 5-9, “Noise,” B.R.C 1981. Based on
results of ambient noise testing and other site-specific conditions, additional
noise limits and conditions may be imposed on a case-by-case basis.
(ii) Continuous noise monitoring of any oil and gas operations use meeting the
most recent version of the American National Standard Institute’s
Specification for Sound Level Meters.
(iii) Use of sound walls and other physical barriers to prevent noise leaving the
site.
(iv)Electrification from on-site renewable energy sources or, if approved by the
city manager, through the purchase of an adequate share in a community
facility that is located so that the energy will be delivered to the oil and gas
operations site by direct connection to the off-site renewable energy facility,
so that the generator delivers the energy to the local utility or distribution
entity serving the oil and gas operations site, or so that the generator delivers
to an electrical network that is interconnected with the local utility or
distribution entity serving the oil and gas operations site.
(v)Use of quiet drilling and completion equipment, such as the Quiet Fleet
design provided by Liberty Oilfield Services.
(vi)For well pads that are not electrically operated, use of quiet design mufflers (also
referred to as hospital grade or dual dissipative) or equivalent.
(vii)Use of electric drill rigs.
(viii)The use of liquefied natural gas dual fuel hydraulic fracturing pumps.
(ix)Use of acoustically insulated housing or covers to enclose motors or
engines.
(x) No pipe unloading or workover operations will occur between 7 p.m. and
the following 7 a.m.
(U) Odor:
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(i) Compliance with Section 9-6-12(b)(12)(E), B.R.C. 1981, including on-
going monitoring for compliance.
(ii) Odor reduction requirements may include:
a.Using minimum low odor Category IV or better drilling fluid. This
could include non-diesel-based drilling muds including drilling muds
that are low odor and do not contain benzene, toluene, ethylbenzene
or xylene.
b.Adding odorants that are not a masking agent.
c.Additional or enhanced measures during peak odor-producing phases
or times such as increasing additive concentration.
d.Wipe down drill pipe each time drilling operation “trips” out.
e. Adding chillers to the mud systems.
f.Using filtration systems or additives to minimize odors from drilling
and fracturing fluids except that the operator shall not mask odors.
g.Enclosing shale shakers to contain fumes from exposed mud where
safe and feasible.
h.Removing drilling mud from drill pipe as it is removed from the
well.
i. Prohibition on exposed drilling mud.
j. Limitation or prohibition on use of diesel generators.
(V)Visual Impacts: Conditions to reduce adverse visual impacts such as; specifications on
facility color, screening measures such as berming, visual barriers, and landscaping.
(W) Dust: Limitations on or requirements for activities to control dust; storage
requirements for sand, silica, and similar materials to prevent fugitive particulates.
Particulate control measures, including proof of compliance with State-required
dust control measures and imposition of an opacity requirement as tested using EPA
Method 9.
(X)Traffic: Conditions necessary to ensure public safety for all modes of travel, including
but not limited to adjustment of travel routes during some or all phases of
development.
(Y)City Transportation Infrastructure:
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(i) Maintenance practices to protect transportation infrastructure and
compliance with the City of Boulder Design and Construction Standards.
(ii)Improvements to existing transportation system infrastructure to support the
proposed oil and gas facilities at applicant’s cost. These improvements may
have to be constructed by the applicant or may be constructed by the city. If
the applicant disputes the city’s statement of necessary transportation
infrastructure improvements or the costs thereof, the applicant may engage a
licensed civil engineer to perform an independent study and provide the
results thereof to the city for its consideration, at the applicant’s cost.
(iii) Standards and specifications for construction and maintenance of access roads
required for the proposed oil and gas operations.
(iv) Measures to protect existing transportation infrastructure, such as weight
restrictions, prevention of mud and sediment tracking, and prohibition on the
use of tire chains.
(Z)Pipeline Conditions: To minimize surface impacts from pipelines or subsurface work to
pipelines that may create surface impacts, the following conditions related to pipelines
may be considered:
(i ) Requirements for pipelines to be in place or imminently available prior to
completion of any new well.
(ii) Specific setbacks from features of concern.
(iii)Conditions on depth of cover and clearance distances from subsurface features
or improvements.
(iv)Conditions for protection of trenches during construction.
(v)Construction conditions related to protection of streams, rivers, irrigation
ditches and wetlands.
(vi) As-built reporting, including the latitudinal and longitudinal coordinates
(GPS coordinates), materials and operating pressures of all flowlines and
fresh water, produced water, or wastewater pipelines and depicting the
locations of other subsurface features or improvements crossed by such
lines.
(vii) Leak detection system.
(viii)Inspection protocol, in addition to city inspections.
(ix) A risk-based engineering study by an independent, Colorado licensed
professional engineer retained by the applicant and subject to approval by
the city prior to placement and construction of proposed pipelines.
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(x) Without compromising pipeline integrity and safety, applicant may be
required to share existing pipeline rights-of-way and consolidate new
corridors for pipeline rights-of-way to minimize impact.
(AA) Gathering Line Conditions: To minimize surface impacts from gathering lines or
subsurface work to gathering lines that may create surface impacts, the following
conditions related to gathering lines may be considered:
(i) Gathering lines shall be sited to avoid areas containing existing or
proposed residential, commercial, and industrial buildings; places of
public assembly; surface water bodies; and city open space and parks.
(ii) Without compromising pipeline and gathering line integrity and safety, the
operator shall share existing pipeline or gathering line rights-of-way and
consolidate new corridors for pipeline or gathering line rights-of-way to
minimize adverse impacts.
(iii) Setbacks from residential, commercial, or industrial buildings, places of
public assembly, the high-water mark of any surface water body and
sensitive environmental features will be determined on a case-by-case
basis in consideration of the size and type of gathering line proposed and
features of the proposed site.
(iv) The operator must make available to the city manager upon request all
records submitted to Pipeline and Hazardous Materials Safety
Administration or the Colorado Public Utilities Commission including
those related to inspections, pressure testing, pipeline accidents and other
safety events.
(AB) Flood Protection: Compliance with a city-approved flood mitigation plan; any
additional conditions necessary to avoid, minimize, and mitigate risks of adverse
impacts from oil and gas operations.
(AC) Applications and Permits: The applicant must obtain city, state and federal permits
or approvals required for the operations and provide copies to the city manager
prior to any construction activities. In addition to use review approval, applicants
may be required to obtain city permits including but not limited to floodplain
development permits, grading and erosion control permits, building or construction
permits, oversize/overweight permits, and working in the public right-of-way or
easement permits.
(AD) Certification and Reporting: The operator will submit to the city manager copies of
all reports related to the oil and gas operations use made to any agency at the local,
state or federal level within 30 days of their submission to the original recipient.
(AE) Financial Guarantees:
(i)Financial guarantees such as irrevocable letters of credit, irrevocable trusts,
or other financial guarantees in a form satisfactory to the city. These may
include environmental financial guarantees.
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(ii)Additional assurances may be required if circumstances during the lifetime
of the oil and gas operations through the time final reclamation are
completed to the city’s satisfaction.
(iii)Copies of all financial guarantees and insurance renewals promptly supplied
to the city manager.
(iv)Upon transfer, financial guarantees will only be returned or cancelled once
they are replaced by equivalent financial guarantees secured by the
applicant/operator.
(AF) Notice of Financial or Legal Status Change: Operators will provide notice to the
city manager within 10 days of any significant change in status related to the
operator’s financial condition or legal status, including but not limited to
insolvency, filing for bankruptcy protections, change of entity type, merger with or
acquisition by another entity, and receipt of cease and desist or stop work orders
issued by any applicable agency or entity.
(AG) Re-Assessment of Conditions: All conditions of approval may specify that the city
may re-assess their effectiveness in meeting the standards of this subsection after
commencement of oil and gas operations.
(AH) Representations of Record: Any approved use review is subject to all commitments
of record, including verbal representations made by the applicant at any public
hearing and written commitments in the application file, and without limitation must
encompass compliance with all approved mitigation plans.
(14) Additional Requirements: The following additional requirements apply to any person
intending to apply for an oil and gas operations use in the city or any oil and gas
operations use approved pursuant to this subsection:
(A) Registration Required: All operators for an oil and gas operations use within the
city must have a current and valid city registration in place meeting the following
requirements.
(i) Submission and Renewal: All operators must submit the following operator
registration information and pay the registration or renewal fee. If an
operator or person designates any portion of a document or submission to
the city as “confidential” and if the city determines that the document meets
the confidentiality provisions of the Colorado Open Records Act, it may be
exempt from disclosure to the public, provided that any page containing
such information is clearly labeled with the words “Confidential
Information.” All submissions under this section are subject to subparagraph
(E)(vii) below:
a.Operator company name, address, email, and mobile phone contact
information and the name, address, email, and mobile phone contact
information of two individuals serving as a 24-hour emergency
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contact and who can ensure a timely and comprehensive response to
any emergency.
b. A map that shows all of the operator’s mineral rights, including lease
rights, whether owned by the operator named in Subsection (a) and a
subsidiary or affiliate under the same management as the operator,
within the city or inside or within 2000’ feet of the boundaries of
Boulder County.
c. A certified list of all instances within the 10 years prior to the
registration in which the COGCC, CDPHE, other state agency, any
federal agency, any city, or any county issued a notice of alleged
violation or found that the operator violated applicable state, federal,
or local requirements during the course of drilling, operations, or
decommissioning of a well. The list must identify the date of the
violation or alleged violation, the entity or agency issuing the notice
or making the determination, the nature of the non-compliance, and,
if applicable, the final resolution of the issue. If no such instances of
non-compliance exist, the operator must certify to that effect.
d. A list of all incidents (including but not limited to accidents, spills,
releases, and injuries) within the past 10 years that occurred at
facilities owned or operated by operator or a subsidiary or affiliate
under the same management as the operator, including incidents
involving contractors. The operator shall also list any root cause
analyses conducted and corrective actions taken in response to the
incidents, including internal changes to corporate practices or
procedures.
e. Information related to the operator’s financial fitness to undertake
the proposed oil and gas operations use, including materials
(audited, where appropriate) such as the following: balance sheets
for the previous 5 fiscal years; operating cash flow statements for
the previous 5 fiscal years; list of long- and short-term debt
obligations; list of undercapitalized liabilities; statements necessary
to calculate net profit margin, debt ratio, and instant or current
solvency ratio; certified copies of all current financial assurances
filed with the COGCC; and tax returns for the prior 5 years.
f.Complaint Protocol: Description of a process for the operator’s
acceptance, processing, and resolution of any and all complaints
submitted to state agencies or the operator directly by members of
the public stemming from any adverse impact from oil and gas
operations use.
g.Copy of emergency response plan for any natural gas or
hazardous liquid pipelines regulated by PHMSA or the PUC
operated in the city.
(ii) New operators to City of Boulder must submit registration materials that
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are accepted by the city at least 60 days prior to scheduling a pre-
application meeting.
(iii)Operator registration must be updated and renewed by July 31 of each year.
(B) Inspections: Any oil and gas operations use may be inspected by the city at any
time to ensure compliance with the requirements of any applicable city permits or
the provisions of this subsection. Unless urgent circumstances exist, the city will
use best efforts to ensure that four hours prior notice is given to the operator’s
contact person at the telephone number on file. City inspections will be coordinated
with the operator to ensure operator presence onsite to the extent possible and to
ensure the site visit is conducted in accordance with all applicable operator safety
requirements. Inspections in response to odor complaints will occur as soon as
feasible upon receipt of the complaint.
(C)Records: Operators will make available to the city at its request all records or
reports required by the CDPHE, the COGCC, the Colorado Public Utilities
Commission, the Occupational Safety and Health Administration, and the
Pipeline and Hazardous Materials Safety Administration.
(D) Suit to Enjoin COGCC Rule Violation: If the city manager discovers a
violation or threatened violation of Title 34, Article 60 of the Colorado
Revised Statutes or any rule, regulation, or order made under that
Article, the city manager will notify the COGCC in writing. If the
COGCC fails to bring suit to enjoin any actual or threatened violation,
then the City Attorney’s Office may file an action on behalf of the city
seeking injunctive relief.
(E) Other Remedies: In addition to the remedies listed in Subsection 9-15-3,
“Administrative Procedures and Remedies,” the city manager may take one or
more of the following actions to remedy a violation of this subsection, or of a use
review approval for oil and gas operations:
(i)Require increased operator or city inspection frequency at operator’s
expense.
(ii)Require mandatory equipment upgrades.
(iii)Require audit of the systems or equipment involved in the violation(s).
(iv) Require increased reporting to the city.
(v)Require independent third parties to conduct the inspections required in
subparagraph (b)(13)(F).
(vi)If three or more violations of the standards of this subsection or of any
conditions of approval have been found to have occurred within 6 months,
the city manager may suspend the use review approval until all violations
have been remedied or for a period of 30 days.
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(vii) If the city manager finds that the applicant, including any employee,
officer, agent, or representative of the applicant, has made a false
representation of, or omitted material facts in the application, or in support
thereof, in writing or orally to any city employee, or the planning board or
city council, which the applicant, its employee, officer agent and/or
representative knew or reasonably should have known was materially
false, misleading, deceptive, or inaccurate, the city manager may revoke
the use review approval.
(viii)If the city manager determines that the public health, safety, or welfare
requires emergency suspension of the use, the city manager may take such
action subject to the standards of Section 1-3-4, “Exceptions for
Emergencies,” B.R.C. 1981.
(F)Other Enforcement Remedies: In addition to any enforcement measures
referenced in this subsection (b), the city has the right to any and all other
enforcement measures and remedies provided in this title, the Boulder Revised
Code or by other law, including but not limited to seeking relief through the
courts to enforce an approved use, or to stop or abate any oil and gas operations
use occurring or about to occur without the use review, required permits, or other
city approvals or inconsistent with these regulations or any conditions of
approval. Nothing in this section shall limit the remedies available to the city for a
violation of any provision of this subsection.
(15) Permit for Well and Pipeline Abandonment or Decommissioning of an Oil and Gas
Operation:
(A) An operator may not commence activities to plug, re-plug, abandon, or otherwise
decommission an oil and gas well, flowline, or associated fresh water, produced
water or wastewater pipeline until the city manager has reviewed and provided
written approval for entry and surface operations to the operator as part an
administrative review pursuant to Section 9-2-2, “Administrative Review,” B.R.C.
1981.
(B)Plugging/Re-Plugging, Abandoning or Decommissioning Wells:
(i)COGCC rules: Operators will comply with all
COGCC rules regarding plugging, abandoning, and
decommissioning oil and gas wells.
(ii) Coordinates: The operator must provide the city with the
surveyed coordinates of the decommissioned, plugged, or
abandoned well.
(iii) Marking: Unless otherwise requested by the surface owner,
the operator must leave onsite a permanent physical marker
of the well location.
(C) Pipeline Abandonment: Operators shall remove any flowline or fresh water,
produced water, or associated wastewater pipeline proposed to be abandoned
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or decommissioned unless otherwise authorized in writing by the city manager
after consultation with the landowner. If the city manager approves of
abandonment in place of the line, operator shall strictly comply with all
COGCC rules.
(D) Conditions of Approval of Well and Pipeline Abandonment: With any approval of
a permit, the city manager will provide the operator with city requirements for
surface activities for plugging and abandoning wells and pipelines. These
requirements may include but are not limited to:
(i)Timing constraints.
(ii)With respect to any pipeline abandoned in place, a tracer in any nonmetal
line.
(iii)Specific reclamation and revegetation requirements.
(16) Exceptions: As part of the use review process, an applicant may request an exception
from any standard of this subsection. A request for an exception may be included in the
applicant's application and shall be processed, reviewed, and granted, granted with
conditions, or denied in accordance with and as part of the use review. An exception
from the application of any standard of this subsection may be requested on the basis of
one or more of the following circumstances:
(A)There is no technology commercially available to conduct the proposed oil and
gas operations in compliance with the standard and granting an exception from
the standard will not have an adverse effect on the public health, safety, and
welfare and the environment and wildlife.
(B)An alternative approach not contemplated by the standard is demonstrated to
provide a level of protection of the public health, safety, and welfare and the
environment and wildlife, that would be at least equivalent to the otherwise
applicable standard.
(C)Because of unique physical circumstances or conditions existing on or near the
site of the oil and gas operations use, the application of the standard would create
an undue or unnecessary hardship or would jeopardize public health, safety, or
welfare or the environment or wildlife and granting the exception from the
standard will not have an adverse effect on the public health, safety, and welfare
and the environment and wildlife.
(D)An exception to the 2500-foot setback standards under Paragraph (b)(2), “Setback
Buffers from Adjacent Land Uses,” B.R.C. 1981, but to no less than 2,000 feet,
may be approved if the applicant demonstrates that the proposed location for the
oil and gas operations, operating plans, and conditions of approval will provide
substantially equivalent protections for public health, safety, and welfare and the
environment and wildlife resources compared to the otherwise required setback.
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(E)An exception to the insurance coverage requirements may be approved if the
applicant demonstrates that the required coverage is not reasonably commercially
available considering the size of the use and its associate risk and that the
proposed alternative approach is appropriate to ensure compliance with the
standards of this Subsection (b), “Oil and Gas Operations,” B.R.C. 1981.
(17) Coordination with the State on Air Quality: Pursuant to section 25-7-128(4), C.R.S.,
upon the issuance of any notice and order or approval of any permit or use review
pursuant to this subsection, the city shall transmit to the Air Quality Control
Commission a copy of any notice and order, permit, or notice of disposition for a use
review. Pursuant to section 25-7-128(6), C.R.S., the city shall confer and coordinate its
activities regarding efforts to control or abate air pollution consistent with that standard.
Section 11. Section 9-7-2, “Setback Standards,” B.R.C. 1981, is amended by addition of
a new subsection (f) as follows:
9-7-2. Setback Standards.
...
(f)Oil and Gas Operations and Other Uses: Oil and gas operations shall be set back from any
residential use, residential zone, school, daycare center, hospital, senior living facility,
assisted living facility, outdoor venue, playground, permanent sports field, amphitheater,
public park and recreation use, or other similar public outdoor facility, but not including
trails or City of Boulder open space, in accordance with the standards of Section 9-6-
12(b)(2), B.R.C. 1981. No residential use, school, daycare center, hospital, senior living
facility, assisted living facility, outdoor venue, playground, permanent sports field,
amphitheater, public park and recreation use, or other similar public outdoor facility, but not
including trails or City of Boulder open space, shall be located closer than 2,000 feet from
any single-well well pad of an oil and gas operation in pre-production, closer than 2,500 feet
from any multi-well well pad of an oil and gas operation in pre-production, closer than 500
feet from any well pad of an oil and gas operation in production, and closer than 250 feet
from an oil and gas operation that has been capped and abandoned pursuant to the
requirements of Section 9-6-12(b)(16), B.R.C. 1981.
Section 12. Section 9-16-1, “General Definitions,” B.R.C. 1981, is amended as follows:
9-16-1. General Definitions.
(a) The definitions contained in Chapter 1-2, "Definitions," B.R.C. 1981, apply to this title
unless a term is defined differently in this chapter.
(b) Terms identified with the references shown below after the definition are limited to those
specific sections or chapters of this title:
(1) Airport influence zone (AIZ).
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(2) Floodplain regulations (Floodplain).
(3) Historic preservation (Historic).
(4) Inclusionary housing (Inclusionary Housing).
(5) Residential growth management system (RGMS).
(6) Solar access (Solar).
(7) Wetlands Protection (Wetlands).
(8) Signs (Signs).
(c)The following terms as used in this title have the following meanings unless the context
clearly indicates otherwise:
Abandonment means the permanent decommissioning of an oil and gas facility, including any
single well or portion of pipeline.
…
Applicant means the owner of a particular property, who may be represented by an agent
designated in writing, who applies for any process or permit governed by this title. For an oil and
gas operations use, applicant shall mean a person, corporation or other legal entity possessing the
legal right to develop a mineral resource who has filed an application under this title for an oil
and gas operations use.
...
CDPHE means Colorado Department of Public Health & Environment
…
Closed-loop pitless system means a system consisting of steel tanks for mud mixing and storage
and the use of solids removal equipment by some combination of shakes, mud cleaners and
centrifuges to separate drill cutting solids from the mud stream. The solids are placed in
containment provided on the site. A closed-loop pitless system does not include use of a pit.
COGCC means Colorado Oil & Gas Conservation Commission.
…
Cumulative impacts means the combined impacts of a use over time, considering the effects of
adding impacts to other impacts and impacts interacting with each other, and any compounding
of effects over time. The cumulative impacts of a use can be viewed as the total effects on public
health, safety, and welfare or the environment or wildlife of the use and all other activities
affecting them.
…
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Flowline means a segment of pipe transferring oil, gas, or condensate between a wellhead and
processing equipment to the load point or point of delivery to a U.S. Department of
Transportation Pipeline and Hazardous Materials Safety Administration or Colorado Public
Utilities Commission regulated gathering line or a segment of pipe transferring produced water
between a wellhead and the point of disposal, discharge, or loading. This definition of flowline
includes lines within a well pad and those that are outside a well pad and includes flowlines
connecting to gas compressors and gas plants.
…
Gathering line means a gathering pipeline or system as defined by the Colorado Utilities
Commission, Regulation No. 4, 4 C.C.R. 723-4901, Part 4, (4 C.C.R. 723-4901) or a pipeline
regulated by the U.S. Department of Transportation Pipeline and Hazardous Materials Safety
Administration pursuant to 49 C.F.R. §§ 195.2 or 192.8. 49 C.F.R. §§ 195.2 or 192.8 and 4
C.C.R. 723-4901 in existence as of the date of this regulation and does not include later
amendments.
Geophysical operation means operations that involve the transmittal of seismic waves into and
through the ground to model the geophysical properties of the earth’s crust.
Local government designee means the office designated to receive, on behalf of the local
government, copies of all documents required to be filed with the local government designee
pursuant to COGCC Rules.
…
Mining industries means a facility or business engaged in the removal of any earth materials,
including those extracted from open mining and oil and natural gas drilling or productionand oil
and natural gas drilling or production, and from places of natural occurrence to surface locations
but excluding oil and gas operations.
…
Oil and gas operations means exploration for oil and gas, including the conduct of seismic
operations and drilling of test bores; the siting, drilling, deepening, recompletion, reworking, or
abandonment of a well; production operations related to any such well including the installation
of flow lines and gathering system; the generation, transportation, storage, treatment, or disposal
of exploration and production wastes; the construction, operation, maintenance and repair of any
oil and gas facility, and any construction, site preparation, or reclamation activities associated
with such operations.
Oil and gas facilities means the equipment and improvements used or installed for the
exploration, production, transportation, treatment, and/or storage of oil and gas and waste
products, including: an individual well pad built with one or more wells and operated to produce
liquid petroleum and/or natural gas, including associated equipment required for such
production; flowlines and ancillary equipment including but not limited to drip stations, vent
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stations, pigging facilities, chemical injection stations and valve boxes; and temporary storage
and construction staging yards in place for less than 6 months.
…
Operator means any person who exercises the right to control the conduct of oil and gas
operations.
…
Pipeline means any flowline or crude oil transfer line as defined by the COGCC.
Pit means any natural or man-made depression in the ground used for oil and gas exploration or
production purposes excluding steel, fiberglass, concrete or other similar vessels which do not
release their contents to surrounding soil.
…
Pre-production means the period preceding production in which oil and gas operations are
prepared, including construction of well pads and access roads, installation of drilling rigs,
drilling activities, cement casing of subsurface drilled wells, testing of the wells, the well
completion process, and the hydraulic fracturing process.
…
Produced water means water produced from a well or wellbore, including treatment fluid.
Production means the period in which one or more oil and gas wells is capable of producing
hydrocarbons that flow through permanent separator facilities and into the pipeline gathering
system.
…
Water source means water bodies that supply domestic, agricultural or municipal uses, water
wells that are registered with the Colorado Division of Water Resources, including household,
domestic, livestock, irrigation, municipal/public and commercial wells, permitted or adjudicated
springs, and monitoring wells other than monitoring wells that are drilled for the purpose of
monitoring water quality changes that are not associated with oil and gas activities.
…
Well or wellhead means an oil or gas well, a hole drilled for the purpose of producing oil or gas,
a well into which fluids are injected for the purpose of oil or gas exploration, a stratigraphic well
for the purpose of oil or gas exploration, a gas storage well, or a well used for the purpose of
monitoring or observing an oil or reservoir.
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Well pad means areas that are directly disturbed during the drilling and subsequent operation of,
or affected by production facilities directly associated with, any oil well or gas well.
…
Section 13. This Ordinance repeals Ordinance 8435, extending to December 31, 2021 a
moratorium imposed by Ordinance 8392 on the acceptance and processing of applications for
any city permits on city open space properties and for any city permits or use review of new
“Mining Industries” uses involving oil and gas extraction or exploration, which repeal shall be
effective upon the effective date of this Ordinance.
Section 14. The immediate passage of this ordinance is necessary for the preservation of
the public peace, health, or property and justify the adoption of this ordinance as an emergency
measure. Studies have shown that oil and gas operations can have significant damaging effects
on the public health, safety, and welfare of the environment and wildlife. The city council is
passing the standards for oil and gas operations adopted with this ordinance to protect and
minimize adverse impacts to public health, safety, and welfare and the environment from oil and
gas operations. To protect the public’s health, safety, and welfare and to protect the environment
and wildlife, the city council had adopted Ordinance 8392 which imposed a moratorium on the
acceptance and process of applications for any city permits on city open space properties and for
any city permits or use reviews of new “Mining Industries” uses involving oil and gas extraction
or exploration to allow the city to prepare development standards for such uses consistent with
Senate Bill 19-181 and considering studies on impacts of these uses on the public health, safety
and welfare and the environment and wildlife and rules and regulations promulgated by the
Colorado Oil and Gas Conservation Commission and the city’s neighboring jurisdictions. The
moratorium was extended by Ordinance 8435 to December 31, 2021. Under the terms of
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Ordinance 8435, said moratorium will expire on December 31, 2021. Immediate passage of this
ordinance is necessary to ensure that the standards of this ordinance will be in effect prior to
expiration of said moratorium. Therefore, this ordinance is hereby declared to be an emergency
measure and as such shall be in full force and effect upon its passage.
Section 15. This ordinance is necessary to protect the public health, safety, and welfare
of the residents of the city and covers matters of local concern.
Section 16. The city council deems it appropriate that this ordinance be published by title
only and orders that copies of this ordinance be made available in the office of the city clerk for
public inspection and acquisition.
INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
TITLE ONLY this 16th day of November 2021.
____________________________________
Aaron Brockett, Mayor
Attest:
____________________________________
Elesha Johnson, City Clerk
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READ ON SECOND READING, AMENDED, PASSED AND ADOPTED AS AN
EMERGENCY MEASURE BY TWO-THIRDS OF THE COUNCIL MEMBERS PRESENT this
14th day of December 2021.
____________________________________
Aaron Brockett, Mayor
Attest:
____________________________________
Elesha Johnson, City Clerk