This chapter is enacted to protect the public's health, safety, and welfare of all residents of the city and County of Broomfield ("City") and to safeguard the environment and wildlife resources.

Broomfield's Charter states that "With regard to oil and gas development near the city's populated areas and within the city's boundaries, such powers shall include but not be limited to plenary authority to regulate all aspects of oil and gas development, including land use and all necessary police powers. As such, Broomfield shall condition oil and gas development permits to require oil and gas development to only occur in a manner that does not adversely impact the health, safety, and welfare of Broomfield's residents in their workplaces, their homes, their schools, and public parks in order to protect the public's health, safety, and welfare and to safeguard the environment and wildlife resources."

As the oil and gas industry seeks to obtain approval to extract mineral resources in and around populated areas, it has begun encroaching on residential areas. Tragic accidents related to oil and gas development have highlighted the risks associated with this industrial activity, underlying the importance of prioritizing citizen health, welfare and safety.

Municipal governments have a recognized, traditional authority and responsibility to regulate land use within their jurisdiction and to protect public health, safety, welfare and the environment. The city also has authority to regulate the siting and location of oil and gas facilities. These regulations are intended to be an exercise of the land use and siting authority of the city and the city's plenary authority to regulate all aspects of oil and gas development, including land use and all necessary police powers, as set forth in Broomfield Municipal Charter, Section 2.1.b, the Local Government Land Use Enabling Act, and the Air Pollution Prevention and Control Act. In 2019, the Colorado General Assembly adopted SB19-181 ("SB-181") which clarified local authority and granted local governments authority to regulate the surface impacts of oil and gas development more stringently than the COGCC. SB-181 authorizes local governments to "regulate the surface impacts of oil and gas operations in a reasonable manner to . . . protect and minimize adverse impacts to public health, safety and welfare and the environment. . ." "'Minimize adverse impacts' means, to the extent necessary and reasonable, to protect public health, safety, and welfare and the environment by avoiding adverse impacts from oil and gas operations and minimizing and mitigating the extent and severity of those impacts that cannot be avoided." SB 181 also authorizes local governments to "impose fees on operators to cover reasonably foreseeable direct and indirect costs of permitting and regulation and the costs of any monitoring and inspection program necessary to address the impacts of development and to enforce local governmental requirements" and "to impose fines for leaks, spills, and emissions..." and receive "financial securities, indemnification, and insurance as appropriate to ensure compliance with the regulations of the local government."

In Colorado, the surface and mineral estates are separate and distinct interests in land and one may be severed from the other. Owners of subsurface mineral interests have certain legal rights and privileges, including the right to use that part of the surface estate from a consenting surface owner reasonably required to extract and develop their subsurface mineral rights. Similarly, owners of the surface estate have certain legal rights and privileges, including the right to have the mineral estate developed in a reasonable manner.

As such, the city will deny a permit application where the proposed oil and gas operations cannot be conducted in a manner that protects and minimizes adverse impacts to public health, safety, welfare, the environment and wildlife. "Protects and minimizes adverse impacts" means avoidingimpacts that can be avoided and minimizing and mitigating the extent and severity of those impacts that cannot be avoided. The city will evaluate the direct impacts of a proposed oil and gas facility as w-54—110ell as the cumulative impacts when reviewing an oil and gas application to determine if it meets the city's use by special review approval criteria. The city will approve of oil and gas development permits only in locations and in a manner that does not adversely impact the health, safety and welfare of Broomfield's residents in their workplaces, their homes, their schools and public parks in order to protect the public's health, safety, and welfare and to safeguard the environment and wildlife resources.

Nothing in this chapter shall be construed as giving the city authority to enforce state or federal laws, rules, or regulations. In order to implement these goals, it is declared to be the policy of the city to:

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.

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.

Work with operators to identify and locate alternative oil and gas locations from the perspective of protecting public health, safety, welfare, the environment, and wildlife.

Gather complete information to assist Broomfield in its analysis of proposed oil and gas development and proposed locations.

Continuously identify and require state-of-the-art equipment, protocols, and technology to protect the public health, safety, and welfare.

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.

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.

Avoid or minimize and mitigate community impacts including those related to traffic, noise, odor and air pollution, dust, light pollution, and visual impacts.

Require operators to have adequate site-specific financial assurances to cover the full life of operations and account for the increased risk of abandonment and concurrent financial, safety, and land use ramifications from any pre-existing low-producing wells, including properly plugging and abandoning wells and environmental reclamation.

Monitor and inspect oil and gas facilities in all phases of development and operation for the protection of public health, safety, welfare, and the environment, including wildlife resources.

Use all available methods to enforce the provisions of these regulations.

(Ord. No. 2144, § 1, 5-11-21; Ord. No. 2161, § 1, 5-10-2022)

All terms used in this chapter that are defined in the Act or in the commission regulations and are not otherwise defined in this section, are defined as provided in the Act or in such regulations as of the effective date of this chapter. All other words used in this chapter are given their usual customary and accepted meaning, and all words of a technical nature, or peculiar to the oil and gas industry, shall be given that meaning which is generally accepted in said oil and gas industry. When not otherwise clearly indicated by the context, the following words and phrases used in this chapter, whether capitalized or not, have the following meanings:

(A)

Act means the Oil and Gas Conservation Act of the State of Colorado at section 34-60-101, et seq., C.R.S.

(B)

Commission or COGCC means the Colorado Oil and Gas Conservation Commission of the State of Colorado.

(C)

Completion Phase or completion means the period of hydraulic fracturing, coiling, workover, installation of tubing and flowback of one or more wells.

(D)

Construction Phase means the conducting of civil and earth work in connection with the construction and installation of drilling pads, visual mitigation measures, access routes, pipelines and launcher/receiver locations.

(E)

Covered Process means any process at an oil and gas facility.

(F)

Crude Oil Transfer Line means a piping system that is not regulated or subject to regulation by the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA) pursuant to 49 C.F.R. § 195 Subpart A, and that transfers crude oil, crude oil emulsion or condensate from more than one well site or production facility to a production facility with permanent storage capacity greater than 25,000 barrels of crude oil or condensate or a PHMSA gathering system. 49 C.F.R. § 195 Subpart A, in existence as of the date of this regulation and not including later amendments, is available for public inspection during normal business hours from the Public Room Administrator at the Office of the Commission, 1120 Lincoln Street, Suite 801, Denver, Colorado 80203. Additionally, 49 C.F.R. § 195 Subpart A may be found at https://www.phmsa.dot.gov.

(G)

Cumulative impact means the impact on public health, safety, welfare and the environment which results from the incremental impact of the proposed oil and gas facility when added to other past, present, and reasonably foreseeable future actions regardless of what person undertakes such other actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time.

(H)

Day means a period of twenty-four consecutive hours.

(I)

Director means the Director of the Colorado Oil and Gas Conservation Commission of the State of Colorado or any member of the Director's staff authorized to represent the Director.

(J)

Drilling Phase or drilling means the period in which a drilling rig is utilized to penetrate the surface of the earth with a drill bit and the installation of well casing and cement at one or more wells.

(K)

Financial Assurance shall mean a surety bond, cash collateral, certificate of deposit, letter of credit, sinking fund, escrow account, lien on property, security interest, guarantee, or other instrument or method in favor of and acceptable to the city. With regard to third party liability concerns related to public health, safety and welfare, the term encompasses general liability insurance, sudden and accidental pollution liability insurance and gradual pollution liability insurance.

(L)

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 does not include a gathering line or crude oil transfer line but does include on-location flowlines such as wellhead lines, production piping, peripheral piping, produced water flowlines and off-location flowlines as defined by the Colorado Oil and Gas Conservation Commission, 2 C.C.R. 404-1, 100 Series Definitions in existence as of the date of this regulation and does not include later amendments.

(M)

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.

(N)

Health, Emergency Preparedness and Public Participation Notice means a document containing information on emergency preparedness, known health impacts associated with exposure to air emissions, chemical exposure, odors, noise, and other nuisances from oil and gas operations as well as information on how the public may engage with local and state permitting processes.

(O)

Incident means any event classified as a blowout, collision, explosion, fatality, fire, injury requiring medical treatment, Grade 1 gas leak, or spill greater than five barrels.

(P)

Injection well means any hole drilled into the earth into which fluids are injected for the purposes of secondary recovery, storage, or disposal of wastewater pursuant to authorizations granted by the Commission.

(Q)

Inherently safer systems means feasible alternative equipment, processes, materials, lay-outs, and procedures meant to eliminate, minimize, or reduce the risk of a safety event, spill, release, or Grade 1 gas leak, by modifying a process rather than adding external layers of protection. Examples include, but are not limited to, substitution of materials with lower vapor pressure, lower flammability, or lower toxicity; isolation or restriction of hazardous processes; and use of processes which operate at lower temperatures and/or pressures.

(R)

Inspector means any person designated by the city and county manager, or designee thereof, who shall have the authority to inspect an oil and gas facility to determine compliance with this chapter and other applicable ordinances of the city.

(S)

Low-producing means a completed well that produces two barrels of oil equivalent per day (BOE/d) or less of oil and/or natural gas per month according to its production reports filed with the Colorado Oil and Gas Conservation Commission. This definition includes a completed well that is abandoned, temporarily abandoned, shut-in, inactive, out of service, or otherwise not producing oil and/or natural gas.

(T)

Minimize adverse impacts means, to the extent necessary and reasonable, to protect public health, safety, and welfare and the environment by avoiding adverse impacts from oil and gas operations and minimizing and mitigating the extent and severity of those impacts that cannot be avoided.

(U)

Off-Location Flowline means a flowline transferring produced fluids (crude oil, natural gas, condensate, or produced water) from an oil and gas location to a production facility, injection facility, pit, or discharge point that is not on the same oil and gas location. This definition also includes flowlines connecting to gas compressors or gas plants.

(V)

Oil and gas facility or facilities means oil or gas well(s) and any storage, separation, treating, dehydration, artificial lift, power supply, compression, pumping, metering, monitoring, flowline, crude oil transfer line, and other equipment directly associated with oil or gas well(s) or injection wells or used to process or handle fluids produced at oil or gas wells, including gas processing, compression, gathering, and treating facilities.

(W)

Oil and gas location means a definable area where an operator has disturbed or intends to disturb the land surface in order to locate an oil and gas facility.

(X)

Oil or gas well means any hole drilled into the earth for the purpose of exploring for or extracting oil, gas, or other hydrocarbon substances.

(Y)

Operating plan means a general description of a facility identifying purpose, use, typical staffing pattern, seasonal or periodic considerations, routine hours of operating, source of services, infrastructure, and any other information related to regular functioning of such facility.

(Z)

Operator means any person who exercises the right to control the conduct of an oil and gas facility.

(AA)

Owner means the person who has the right to drill into and produce from a pool and to appropriate the oil or gas produced therefrom either for such owner or others, including owners of a well capable of producing oil or gas, or both, or who owns the oil and gas facility.

(BB)

Pipeline means an off-location flowline or crude oil transfer line as defined by the COGCC.

(CC)

Production phase or production means the period in which one or more wells is capable of producing hydrocarbons that flow through permanent separator facilities and into the pipeline gathering system.

(DD)

Reentering means accessing an existing well bore for either the original or amended purpose, provided that such well has not been abandoned.

(EE)

Risk analysis means an analysis performed using the 2016 ISO 17776 standard or similar industry accepted standard acceptable to the city. The risk analysis shall identify enforceable mitigation measures to be included as conditions of approval on the oil and gas permit.

(FF)

Root cause means prime reasons, such as failures of same management systems, that allow faulty design, inadequate training, negligence, or improper changes, which lead to an unsafe act or condition, and result in an incident. If root causes were removed, the particular incident would not have occurred.

(GG)

Process hazard analysis means a qualitative, semi-quantitative or quantitative analysis of a process, involving the identification of individual hazards of a process, determination of the mechanisms by which hazards could give rise to undesired events, and evaluation of the consequences of these events on health, property and the environment.

(HH)

Water source means 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.

(Ord. No. 2144, § 1, 5-11-21; Ord. No. 2161, § 2, 5-10-2022)

(A)

Inspections.

(1)

In recognition of the potential impacts associated with oil and gas facilities, all wells and accessory equipment and structures may be examined by the inspectors of the city at reasonable times to determine compliance with applicable provisions of this chapter, the International Fire Code, the International Building Code, and all other applicable standards in this title. For the purpose of implementing and enforcing the provisions of this chapter, the inspector and other personnel authorized by the city, including consultants, have the right to enter upon private property after reasonable attempt to notify the operator, which provides the operator an opportunity to be present. The city will attempt to provide reasonable notice of inspections but reserves the right to conduct spot inspections which includes the use of monitoring devices to protect the public health, safety and welfare of the residents.

(2)

The city may use the information collected during the inspections to enforce the requirements of this chapter. The city may also report this information to appropriate state and federal officials, including but not limited to information regarding alleged violations of state and federal rules.

(B)

Notifications. Operators must provide the following notices to the city's local government designee ("LGD"):

(1)

Removal of any tank or other equipment at least ten days prior to removal.

(2)

Thirty day prior notice of all activities associated with plugging and abandonment of well(s).

(3)

Thirty day prior notice post-plugging and abandonment of well(s) accompanied by photograph of welded cap on well with API number of well, plaque, and GPS coordinates of well(s).

(4)

Thirty day prior notice of planned maintenance activities and workover activities. Operator must submit 20-day clearance letter prior to conducting planned maintenance activities and workover activities.

(5)

Ten day post notice of maintenance activities taken in response to emergencies.

(6)

Thirty day prior notice of planned shutdown of a well.

(7)

Thirty day prior notice to commencing drilling, completion or production.

(8)

Thirty day prior notice of reactivation of temporarily closed, temporarily abandoned or shut-in wells.

(9)

Thirty day prior notice of flowline or pipeline abandonment or reactivation.

(10)

Any other notices required by these rules.

(C)

Records.

(1)

Operator shall make available to city, upon request, all records required to be maintained by the following agencies: the Colorado Department of Public Health and Environment (CDPHE), including permits, Air Pollutant Emission Notices (APENs) and other documents required to be maintained by CDPHE; the Colorado Oil and Gas Conservation Commission (COGCC); the Colorado Public Utilities Commission (PUC), the Occupational Safety and Health Administration (OSHA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA).

(2)

All records shall be submitted electronically unless electronic records are not available.

(D)

Reports.

(1)

Operator shall make any and all information regarding operations or activities at the facility available to the city upon request in order to allow the city to ensure continued compliance with these rules or the permit. Such information may include daily drilling logs, air quality monitoring data or logs, noise monitoring data or logs, water analysis reports, environmental assessment and twenty-day letters and daily activity logs or reports. Operator shall provide any information requested by the city as needed to ensure the facility is meeting its continued obligation to protect the public and to avoid, minimize and mitigate adverse impacts to public health, safety, welfare, the environment and wildlife.

(2)

Operators shall submit all reports required by these rules electronically.

(Ord. No. 2144, § 1, 5-11-21)

Within the I-2, I-3, A-1, and GA zoning districts, oil and gas facilities are allowed if approved as a use by special review. When an applicant wishes to drill a well or construct a facility that has not been previously permitted under this chapter, it is unlawful for any person to perform any such activity, unless a use permitted by special review has first been approved by the city council pursuant to chapter 17-54-050, B.M.C. The city approval of an oil and gas well or facility does not relieve the operator from otherwise complying with all applicable regulatory requirements of the city, state, and federal governments.

Operators must submit an application for a use by special review permit each time an existing oil and gas facility undergoes a substantial modification. Substantial modification includes removal, replacement, modification of equipment or other changes to the facility that increase harmful emissions, noise, or odor, or other modifications to the facility that adversely impact public health, safety, welfare, or the environment or wildlife.

(Ord. No. 2144, § 1, 5-11-21)

(A)

Pre-submittal materials submitted by operator to staff. Prior to the submission of an application for a use permitted by special review, the operator is required to submit operator name, parent companies or related companies, at least two proposed locations for the facility, number of wells and access points, size of well pad, amount and type of equipment, proposed pipeline routes, and any previous spacing unit approvals.

(B)

Pre-submittal meeting. Following the submission of pre-submittal materials, the operator is required to schedule a meeting with the city to review the proposed new well or oil and gas facility. The goal of this meeting shall be for the city staff and the operator to review the proposed well or oil and gas facility in a manner that ensures compliance with these regulations and applicable state and federal regulations. The pre-submittal meeting shall also allow the operator and city staff 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.

(1)

Alternative Site Analysis.

a.

At the pre-submittal meeting, operator shall identify at least two proposed locations for the oil and gas facility. For each location, operator shall identify:

i.

Distance of proposed facility to existing or platted residences, occupied buildings, parks, open space, schools, hospitals, water bodies, wetlands, floodplains, floodways, existing active and decommissioned wells, and roadways;

ii.

Location;

iii.

Zoning;

iv.

Natural and manmade features;

v.

Water source;

vi.

Twenty-day letter with distances from proposed well sites identified;

vii.

Justification of a preferred alternative site;

viii.

Materials submitted to the COGCC to satisfy the COGCC alternative location analysis requirement, if requested.

b.

The operator shall consult with the city on the alternative site analysis prior to submittal of any Form 2 or 2A to the COGCC, and any spacing application, unless already obtained. Operators are encouraged to schedule this meeting prior to entering into any surface use agreements.

c.

City shall review all proposed locations in order to determine which location complies with the purpose of these rules as set forth in B.M.C. 74-54-010. City may request a site visit of any of the locations under consideration. The operator will be responsible for securing permission or coordinating with the landowner(s) to conduct the site visit. If the city determines that none of the proposed locations satisfies the purpose of these rules, Operator shall submit new proposed locations. Alternatively, the city may suggest alternative location(s).

d.

City shall prepare a report summarizing its findings with respect to proposed locations.

(C)

Notice of pre-application. The operator shall mail pre-application notices ninety days prior to submission of any use permitted by special review application to the city, spacing or density applications and prior to submittal of any Form 2 or 2A to the COGCC. Operator shall pay for the cost of mailing notices. Notice shall include number of wells, size of well pad, type and measurements of proposed major equipment or description of proposed facility if other than a well or well pad. Owners of record shall be ascertained according to the records of the Broomfield Assessor's Office. Notice shall be made as follows:

(1)

To the city and to surface owners of the parcels of land on which the oil and gas facility is proposed to be located;

(2)

To the record property owner of the parcels of land within 0.8 miles of the parcel on which the oil and gas facility is proposed to be located;

(3)

To the physical address of all parcels of land within 0.8 miles of the parcel on which the oil and gas facility is proposed to be located if the city's records indicate a mailing address for the record property owner different than the physical address.

(D)

Application submittal. All requests for a use permitted by special review shall be submitted in writing to the planning division and shall include an application fee of $5,000.00 and a report that discusses the results of the alternative site analysis required by 17-54-050(B). The Application must contain a certification from the Applicant that the information in the Application, as well as in any accompanying documentation, is true and accurate.

(E)

Neighborhood meeting. Following the submission of an application to the planning division, and before submitting an application to the city, operator will schedule and notice a neighborhood meeting. A neighborhood meeting shall be required on any oil and gas facilities, even on existing well pads, that require an application for a use permitted by special review. The operator shall notice, attend and conduct the neighborhood meeting. The neighborhood meeting must be noticed to the city and to all individuals entitled to notice pursuant to Section 17-54-050(F) at least fourteen days prior to the meeting. In addition to those parties entitled to notice under 17-54-050(F), the meeting will be made open to the public. The meeting must be held at an accessible and adequate location. If requested by members of the public, accommodation must be made for members of the public to attend remotely. At the neighborhood meeting, the Applicant must provide an overview of its proposed oil and gas operation, distribute a handout provided by the city with an explanation of the Special Review process, and allow those in attendance to provide input as to the proposed operation, including, but not limited to: facility locations, issues that arise from application of this Article to the proposed operation, and suggested mitigation to adequately ensure compliance with this Article. The operator must provide a video recording of the meeting and a report of all attendee comments and any proposals from the Applicant for addressing neighborhood concerns to the city within twenty days after the meeting.

(F)

Notification of application. The operator shall mail notice of the application no more than ten working days after an application has been submitted to the city. Operator shall pay for the cost of mailing notices. Notice shall include number of wells, size of well pad, type and measurements of proposed major equipment or description of proposed facility if other than a well or well pad. Operator must attach a Health, Emergency Preparedness and Public Participation Notice that complies with the city's health and public participation notice template, and subject to the city's approval, to the notice of application. Owners of record shall be ascertained according to the records of the Broomfield Assessor's Office. Notice of the application shall include reference to the neighborhood meeting and be made as follows:

(1)

Mailed notice.

a.

To the surface owners of the parcels of land on which the oil and gas facility is proposed to be located;

b.

To the record property owner of the parcels of land within 0.8 miles of the parcel on which the oil and gas facility is proposed to be located;

c.

To the physical address of all parcels of land within 0.8 miles of the parcel on which the oil and gas facility is proposed to be located if the city's records indicate a mailing address for the record property owner different than the physical address.

(2)

Posted notice. The real property proposed to be developed shall also be posted with a sign, giving notice to the general public of the proposed development. For parcels of land exceeding fifteen acres in size, two signs shall be posted. The size of the sign required to be posted shall be as established in the supplemental notice requirements of chapter 17-52 of the city's land use code. Such signs shall be provided by the city and shall be posted on the subject property by the applicant in a manner and at a location or locations reasonably calculated by the city to afford the best notice to the public, which posting shall occur a minimum of ten calendar days prior to the neighborhood meeting. City shall post notice on its website and operator shall post notice on its website, if one exists.

(3)

Additional Notices. If any potential facility location changes during the application review process, the city may require the operator to provide additional notices.

(G)

Staff review. Following receipt of the operator's written summary of the neighborhood meeting, city staff shall review the application to ensure the application meets the criteria in 17-54-070. An application may require review by outside agencies such as the U.S. Army Corps of Engineers, if the project impacts a floodplain, and may also be referred to any life-safety providers, adjacent jurisdictions, local public health department(s), CDPHE, COGCC and others as may be deemed appropriate by staff. The city may require that the application materials, including proposed locations, results of alternative site analysis, and requests for variances, be submitted to technical consultant(s) deemed by the city to be appropriate and necessary to complete the review. Costs associated with such review shall be paid by the operator. The applicant will be notified of any outstanding issues in connection with application materials upon completion of this review and will be required to address any issues or deficiencies in connection with the application materials. If necessary, a meeting will be held to discuss any issues that need to be resolved. If necessary, the applicant will then submit an amended application, plan or other submittals, as appropriate, to staff for verification that deficiencies have been addressed by the applicant. If revisions were necessary, staff shall review such revised application.

(H)

Staff recommendation. After completing its review, staff shall submit its written report and comments to the planning and zoning commission and city council, along with the Alternative Site Analysis Report required by section 17-54-050(B). The recommendation shall either be a recommendation to approve, to approve with conditions, or to deny the request. If the recommendation is to approve with conditions, the recommendation shall set forth the conditions and those requirements as deemed necessary to meet the criteria in 17-54-070 B.M.C.

(I)

Notice and hearing before the planning and zoning commission. Upon public notice as required by the B.M.C., the planning and zoning commission will hold a public hearing. The planning and zoning commission may decide to recommend to approve, to approve with conditions, or to deny the application. If the recommendation is to approve with conditions, the recommendation shall set forth the conditions and those requirements as deemed necessary to meet the criteria in 17-54-070 B.M.C. If necessary, the applicant will then submit an amended application to staff to address any deficiencies identified by the planning and zoning commission.

(J)

City Council. The city council shall consider staff and the planning and zoning commission's recommendations and the testimony and evidence of record at the public hearing. City council will approve of a permit only if it meets the criteria in 17-54-070 B.M.C. City council shall make a final decision of approval, or approval with conditions, or of denial. Factors to be considered are those specified in this chapter. The city council shall hold a public hearing prior to making its final decision. Notice shall be given in accordance with chapter 17-52.

(K)

Decision to be stated in official minutes. Any decision of the planning and zoning commission or city council on special reviews shall state in the official minutes the reasons for such decision.

(L)

Duration. All special review requests approved by city council after [effective date], shall be valid for two years from the approval date. If the approved use is in operation or the approved well is in production by the end of the specified period, the approval shall remain valid so long as the use continues and the operator is in compliance with this chapter. If the approved use is not in operation at the end of the specified period, or if it thereafter ceases, the approval shall be deemed void and of no further force and effect, and no permits shall be issued until and unless the special review request is reapproved by the city council.

(Ord. No. 2138, § 77, 4-6-21; Ord. No. 2144, §§ 1, 2, 5-11-21)

Unless a submittal requirement is waived or modified by the city after the Applicant's request, the Applicant must submit the information and documents specified in this section with the use by special review application. The contents and relevant information in any required submittal must be based on the most current information available to the Applicant as of the date of the submittal of the application. If the contents or relevant information in any required submittal materially changes, Operator must update submittal materials within thirty days. All plans required to be submitted by this section must demonstrate compliance with the criteria in section 17-54-070, B.M.C. and any other applicable B.M.C. code provisions. Operator must update its use permitted by special review application if any rules or standards contained in any submittal required by this section become more stringent. All applications for use permitted by special review are subject to review and approval by the city and city council pursuant to chapter 17-54-050, B.M.C and, unless waived, must contain the following:

(A)

The operator's and surface owner's names and addresses, and designation of agent, if applicable.

(B)

Verification of legal rights, Property Rights, Permits and Other Approvals. Description, and supporting documentation upon request, of property rights, mineral rights, leases, easements, and rights-of-way agreements that are necessary for, or that will be affected by, the proposed Operation.

(C)

A list of all permits or approvals obtained or to be obtained from local, state, or federal agencies.

(D)

A detailed site plan for all facilities that includes a depiction of all visible improvements within 500 feet of the proposed location, to include buildings/residences, public roads and trails, major above-ground utilities, gathering lines and pipelines, railroads, mines, oil/gas/injection/water/plugged wells, etc. as required by the site plan requirements of 17-38, Section III, B.M.C., as amended. Information on gathering lines and pipelines shall include the age, size, pressure in the line, depth of bury, substance transported and location of any pig launchers.

(E)

A summary of planned operations, including identified access points and operational timeline for posting to a local community information webpage.

(F)

A plan for site preparation, mobilization and demobilization that covers all phases of operation.

(G)

A plan for interim reclamation and revegetation of the well pad and final reclamation of the well pad.

(H)

The vicinity maps for a facility submitted with an application for a use permitted by special review shall be submitted on one or more plats or maps showing the following information:

(1)

Location of all existing water bodies and watercourses, including direction of water flow. This information shall be submitted on USGS 7.5-minute series or assessor base maps which indicate topographic detail and show all existing water bodies and watercourses with a physically defined channel within a one-half mile radius of the proposed well or facility.

(2)

Location of existing oil and gas wells or injection wells as reflected in COGCC records. This information shall be submitted on a map and shall include any and all wells within a 1,000-foot radius of the proposed location for the well.

(3)

Location of drill site. The information to be submitted shall be on Commission Form 2 or include the information required to be submitted with a Form 2 and shall include the parcel tax identification number.

(4)

Location of gathering lines, off-location flowlines and crude oil transfer lines

(I)

Project schedules for all phases, including site construction, flowlines and pipeline construction, drilling, completions (broken down into activity-based components), commissioning, operations, abandonment and reclamation.

(J)

Administrative fees.

(K)

Information demonstrating that the operator is capable of fulfilling and is likely to fulfill the obligations imposed by this section and the Oil and Gas Conservation Act, including:

(1)

A certified list of all instances within the past ten years where the COGCC, other state or federal agency, city, or county found that the operator has not complied with applicable federal, state or local requirements with respect to drilling, operation, or decommissioning of a well or operation of oil and gas facility or pipeline. The list shall identify the date of the determination, the entity or agency making the determination, the nature of the non-compliance, and, if applicable, the final resolution of the issue and procedural or policy changes that were implemented to prevent future infractions and which adequately demonstrate effectiveness. If no such instances of non-compliance exist, the operator shall certify to that effect.

(2)

A list of all near-misses and incidents within the past ten years that occurred at facilities owned or operated by operator, an operator's legacy companies, or a subsidiary of operator, including events involving contractors. Operator shall also list any root causes analysis conducted and corrective actions taken in response to the near-misses and incidents, including internal changes to corporate practices or procedures, such as modifications to safety management plans.

(L)

Protocol, subject to city approval, to conduct noise modeling for each facility for pre-construction and drilling, completion and production operations. Noise modeling shall be conducted by third-party consultant approved by the city. Operator shall pay for such modeling.

(M)

Noise impact mitigation plan that demonstrates compliance with the standards of chapter 9-36, B.M.C.

(N)

A plan for light and dust mitigation.

(O)

Protocol, subject to city approval, for air modeling plan to be conducted by third-party consultant approved by the city. Protocol must include facility emissions inventories for all GHG emissions, criteria pollutants and hazardous air pollutant standards and air quality impact studies for drilling, completions and production operations based upon proposed equipment use, and operation phases, and any emissions reductions associated with plugging and abandonment. In addition, a protocol must include emissions associated with truck traffic for drilling, completions, production and plugging and abandonment operations. Air modeling shall demonstrate that:

(1)

Emissions from the proposed facilities and associated truck traffic shall not cause or contribute to exceedances of the National Ambient Air Quality Standards;

(2)

Emissions from the proposed facilities comply with federal air quality and odor rules, including EPA's New Source Performance Standards and National Emission Standards for Hazardous Pollutants;

(3)

Emissions from the proposed facilities comply with COGCC and CDPHE air quality and odor rules;

(4)

Emissions from the proposed facilities comply with city emission control regulations;

(5)

Emissions will be below the most protective health-based guidelines, including those used by CDPHE, EPA, California, or others.

(P)

Protocol, subject to city approval, for air monitoring plan to be conducted by a qualified third-party consultant approved by the city. Air monitoring plan shall describe how the operator will conduct baseline monitoring within 500 feet and at select nearby receptors of a proposed facility prior to construction and during all phases of development, including drilling, completion and production. The plan shall include monitoring for all potential emissions, including but not limited to, VOCs, Hazardous Air Pollutants (HAPs), BTEX, Hydrogen Sulfide, Oxides of Nitrogen (NOx), Particulate Matter (PM), Fine Particulate Matter (PM 2.5), Carbon Monoxide (CO) and methane (CH4), carbon dioxide (CO2). Operator shall pay for the baseline and ongoing monitoring.

(Q)

An air quality mitigation plan.

(R)

An odor mitigation plan that demonstrates how operator will minimize odors, including chemical odors, from its operations and comply with Colorado Department of Public Health and Environment, Air Quality Control Commission, Regulation No. 2 Odor Emissions, 5 CCR 1001-4, Regulation No. 3, 5 CCR 1001-5, requirements of this chapter, and any other applicable regulations. The plan shall also provide a plan for timely responding to odor complaints, including chemical odors, from the community and for identifying and implementing additional odor control measures to control odors emanating from the oil and gas facility.

(S)

Electrification plan. A plan identifying all sources of electricity that will be brought to or used at the facility during all phases of development and operations.

(T)

Emergency preparedness and response. Oil and gas operations shall avoid risks of 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 and safety and repair damage caused by emergencies. Each applicant with a facility in the city is required to complete the Front Range Emergency Resource Co-op template. In addition, each operator shall submit an emergency preparedness and response plan that shall be approved and signed off of by the city and North Metro Fire Rescue District (NMFRD) in order to be deemed complete and this plan shall be updated on an annual basis, after an incident occurs, or when changes are made to facility operations, personnel, or other content covered in the plans. The plan shall demonstrate compliance with the following:

(1)

Adequate provisions to ensure operator will cover all costs associated with ongoing training of employees and first responders, response and remediation, including any additional on-site and regional specialized equipment and supplies necessary to respond to any emergency incident at its facilities.

(2)

Operator shall cooperate and train with Broomfield and NMFRD emergency responders as requested.

(3)

Operator shall participate in training, drills, and exercises and development of the after-action report.

(4)

Operator shall immediately notify Broomfield, surrounding communities, and any nearby schools, hospitals, and long-term care facilities of an emergency event and develop emergency protocols with the NMFRD, Broomfield's Department of Public Health and Environment, and the Broomfield Police Department.

(5)

Operator shall provide to Broomfield safety and security protocols for the facility site.

(6)

Operator shall provide a copy of any spill prevention, control, and countermeasures (SPCC) plan to Broomfield if required by USEPA rules and a copy of a listing of hazardous chemicals used on site if required by USEPA CERCLA Community Right to Know rules.

(7)

A list of all hazardous chemicals used on site sorted by operational phase (construction, drilling, completion and production) and the SDS sheets if required by USEPA and CERCLA Community Right to Know rules.

(8)

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.

(9)

Operator shall identify and provide twenty-four-hour contact information for contractors and subcontractors.

(10)

Operator shall coordinate with the NMFRD regarding evacuation routes. Evacuation routes will include any schools, hospitals, and long-term care facilities that are within proximity to the oil and gas facility, based on guidance from the NMFRD.

(11)

Fire hydrant exists within 1,000 feet from oil and gas facility. If no fire hydrant connected to the city's water system or alternative approved of by the city exists within 1,000 feet from facility, Operator shall install fire hydrant at its own cost, or reimburse the city for the cost of installing a fire hydrant.

(U)

A weed control plan that demonstrates compliance with Chapter 8-08 B.M.C., or as otherwise directed by the city. Weeds shall not be higher than twelve inches.

(V)

A traffic study and management plan. Operator shall submit a reasonable and adequate bond to cover any damage to public infrastructure during all operations, including construction, drilling, completions and production. Operator and subcontractors shall comply with Broomfield and other jurisdictions' requirements related to traffic restrictions. Operator shall conduct a baseline report of the conditions of the roads to be used by the operator and the remaining road life for the proposed truck routes. Haul and access roads must be designed per city and county standards. Prior to the start of construction, operator shall complete a traffic study and provide a detailed traffic plan to determine any operational changes and geometric modifications necessary for extraction activities. This will include, but is not limited to:

(1)

Detail of access locations for each facility including sight distance, turning radius of vehicles and a template indicating feasibility, turning volumes in and out of each site for an average day and what to expect during the peak hour.

(2)

Estimated weights of vehicles when loaded, a description of the vehicles, including the number of wheels and axles of such vehicles and trips per day.

(3)

Anticipated truck traffic volumes will be converted to equivalent single axle loads and compared with existing volumes.

(4)

Core drilling or boring samples of city roads will be used to determine the adequacy of the existing roadway structure and determine if the roadway section is adequate for extraction activities.

(5)

Truck routing map and truck turning radius templates will be used to determine if improvements are necessary at intersections along the route.

(6)

Identification of the need for any additional traffic lanes.

(7)

Restriction of Class 7 vehicles or higher from facilities to periods outside of peak am and pm traffic periods (generally 7-9 a.m. and 3-6 p.m. during weekdays or in other specific instances as determined by the traffic engineer.).

(8)

Require a traffic study to determine impacts to city streets.

(9)

Restriction of idling or parking on shoulders of roads.

(10)

Periodic training of employees and subcontractors on traffic safety and traffic requirements.

(W)

Landscaping and visual mitigation plan. A preliminary visual mitigation plan in compliance with applicable COGCC rules, including but not limited to a list of the proposed colors for the Facilities, regardless of construction date, which are observable from any public highway, providing for paint that is uniform, noncontrasting, nonreflective color tones (similar to the Munsell Soil Color Coding System), and with colors matched to but slightly darker than the surrounding landscape and a listing of the operations' equipment. Plan shall indicate the location of all outdoor lighting on the site and any structures and include cut sheets of all proposed fixtures. Operator shall provide photometric study approved by city prior to start of construction to indicate impact on surrounding properties and measure the lumens emitted from the facility outside of the walls. Plan shall also demonstrate that visual mitigation measures allow for adequate ventilation.

(X)

Fencing and screening mitigation plan. A plan detailing 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.

(Y)

Water supply plan. Applicant shall submit estimated water supply requirements for all phases of operation of the oil and gas facility and usage for the proposed development including:

(1)

A demonstration that the available water supply is the least detrimental to the environment among the available sources and adequate to meet the needs of the development. Approval may be conditioned upon sufficient proof of adequate water supply. A list of all available physical sources of water for the project, and if multiple sources are available, analysis of which source is least detrimental to the environment;

(2)

A description of the physical source of water that the applicant proposes to use to serve the oil and gas facility;

(3)

Water conservation measures, if any, that may be implemented within the oil and gas facility, including any plans for recycling water or treating it to a standard suitable for non-potable uses; and

(4)

An estimate of the amount of water that will be used at the site, where and how the water will be consumed, the amount of wastewater produced, and disposal plans for wastewater.

(5)

Impacts of Water Use. An independent expert's assessment of the impacts of the proposed use of water described in subsections (1) through (4) 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.

(6)

Use of city water is prohibited.

(Z)

A water quality control plan that establishes that all facilities shall use most effective performance techniques and best management practices to minimize impacts to water quality, including plans for water quality testing, prevention of illicit or inadvertent discharges, and containment of pollutants as required by Broomfield code and state and federal laws and regulations. Plan shall include details such as operator's plans for water quality testing, prevention of illicit or inadvertent discharges, stormwater discharge management, containment of pollutants, and spill notification and response as required by federal and state agencies. The owner or operator shall provide the city with the information it provides to the COGCC ensuring compliance with the water quality protection standards contained in applicable COGCC rules governing water quality protection. The owner or operator shall provide its plans concerning downhole construction details and installation practices, including casing and cementing design, and shall inform the city how the plans establish that the facility does not create significant degradation to surface waters or drinking water aquifers.

(AA)

Grading, drainage, and erosion control plan.

(BB)

Stormwater management plan that identifies possible pollutant sources that may contribute pollutants to stormwater, best management practices (BMPs), sampling procedures (if required), and inspections that, when implemented, will reduce or eliminate any possible water quality impacts.

(CC)

Risk analysis and risk management plan that meets all requirements set forth in this chapter.

(DD)

Abandoned wells plan, if required, that provides a list of wells to be plugged and abandoned and the timeframe for doing so.

(EE)

Wetlands protection plan.

(FF)

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), 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 prior to each phase of operation.

(GG)

Waste management plan that identifies waste types and associated hazards, the approximate quantities, storage method(s), transportation and management method(s), communication and training of employees, identification of individuals responsible for waste management by facility or site, spill and release prevention methods, emergency management strategies (including spill containment), and inspection types and frequencies. Operator shall recycle drilling, completion, flowback and produced fluids unless technically infeasible. Waste may be stored temporarily in tanks and shall be transported by pipelines and disposed of at licensed disposal or recycling sites. No disposal of wastewater within the city.

(HH)

Historical and cultural resources plan. Operator to assess historical and cultural resources in and around the proposed oil and gas facility and share such information and proposed mitigation measures with Broomfield for advance approval prior to start of site construction. If a significant surface or sub-surface archeological site is discovered during construction, the operator shall be responsible for immediately contacting the city to report the discovery. If any disturbance of a site deemed by the State Historic Preservation Office to be a historical or cultural resource occurs, the operator shall be responsible for mitigating the disturbance to the cultural or historical property through a data recovery plan in consultation with the city's historic landmark board and the State Historic Preservation Office.

(II)

Financial assurance. Operator shall provide any financial assurance documents required by the city.

(JJ)

Environmental assessment. Operator shall provide an environmental impact assessment of the proposed oil and gas facility completed by a qualified third-party, prior to any construction on the site that includes but is not limited to the following:

(1)

At least one on-site evaluation within one month of the submittal to the city.

(2)

A map and photographs of the site.

(3)

Identification and assessment of potential impacts to the environment and wildlife including wetlands; floodplain; ponds; creeks, streams and drainageways; migratory birds and raptors; ground nesting birds; prairie dogs; burrowing owls; state and federal threatened and endangered species for both flora and fauna; any other applicable wildlife issues including den sites for mammals, like coyotes and foxes; fish and other aquatic life; wildlife corridors; significant habitat; natural landmarks and prominent natural features such as distinctive rocks and land forms; vegetation including grasses, shrubs and trees; and visual or scenic resources.

(4)

Confirmation that the proposed project shall comply with the city's policies for prairie dog conservation and management.

(5)

Identification of proposed project design measures or other relevant mitigation measures to avoid unacceptable impacts or to reduce impacts to levels of insignificance.

(6)

Prior to construction, operator shall submit a 20-Day Environmental Clearance Letter confirming that any environmental and wildlife conditions identified in the environmental assessment have been mitigated and addressed.

(KK)

Cumulative impacts analysis that contains all information required to be submitted to the COGCC in Form 2B and provides quantitative and qualitative data to evaluate incremental adverse and beneficial contributions to cumulative impacts associated with the proposed facility including any measures the Operator will take to avoid, minimize, or mitigate any adverse impacts. Operator must analyze all impacts required to be analyzed.

(LL)

Flowline Management Plan that includes:

(1)

Description of how the Operator intends to adhere to the integrity management procedures listed in COGCC Rule 1104.c-f.

(2)

A copy of the leak protection and monitoring plan required by COGCC Rule 1104.g, as applicable.

(3)

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 Operation. For each existing and proposed flowline, the map shall denote its size and the maximum pressure at which it is or will be operated; its depth from the surface; and, if existing, whether it was constructed or installed before October 31, 2017 and whether it is in use, abandoned, or shut-in.

(4)

Description of the measures planned to minimize land disturbance and impacts to vegetation.

(MM)

Operator shall provide copies of all site-specific plans COGCC requires Operator submit with a Form 2A once the Operator submits the Form 2A to COGCC.

(NN)

For shut-in wells:

(1)

Description of how the Operator intends to adhere to the integrity management procedures listed in COGCC Rule 1104.c-f.

(2)

A copy of the leak protection and monitoring plan required by COGCC Rule 1104.g, as applicable.

(3)

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 Operation. For each existing and proposed flowline, the map shall denote its size and the maximum pressure at which it is or will be operated; its depth from the surface; and, if existing, whether it was constructed or installed before October 31, 2017 and whether it is in use, abandoned, or shut-in.

(4)

Description of the measures planned to minimize land disturbance and impacts to vegetation.

(OO)

For abandoned and temporarily abandoned wells:

(1)

A map at a scale designated by the city showing the location, including GPS location, of abandoned and temporarily abandoned wells.

(2)

Copy of the most recent mechanical integrity test report submitted to COGCC for each temporarily abandoned well.

(3)

Copy of Form 6 Notice of Intent to Abandon submitted to COGCC.

(4)

Quarterly inspections of temporarily abandoned and shut-in wells for surface impacts.

(PP)

Wellbore Risk analysis. A copy of the anti-collision evaluation [Well integrity report] for all proposed wells conducted for or under the same terms as required in COGCC Rules.

(QQ)

Worker training and records. All workers at oil and gas facilities and involved with oil and gas operations shall 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.

(RR)

Additional information. If the city and county manager determines that the city needs additional information, including underlying data, analysis, modeling, or reports or other documentation to determine whether the proposed oil and gas facility meets the criteria in chapter 17-54-070 B.M.C., the city and county manager may require the applicant to submit such information.

(Ord. No. 2144, § 1, 5-11-21)

In considering an application for a use permitted by special review pursuant to chapter 17-54, B.M.C., the city council shall consider whether an applicant demonstrates the proposed facility will not adversely impact the health, safety and welfare of the city's residents in their workplaces, their homes, their schools and public parks in order to protect the public's health, safety, and welfare and to safeguard the environment and wildlife resources, and whether the applicant demonstrates that the application will protect and minimize adverse impacts to public health, safety, welfare, the environment and wildlife. The Applicant will have the burden of proof to show that the applicable standards for approval have been met. If the city determines that the Applicant has not shown that the proposed oil and gas operations can be conducted in a manner that protects public health, safety, and welfare, the environment and wildlife the city may deny the application. The city council will consider the impacts of the proposed facility, in light of the direct impacts of the proposed facility and the cumulative impacts, in making this determination. The following requirements and standards shall be used to determine if an application for use by special review meets the requirements of this chapter and is approvable:

(A)

The site plans and vicinity maps for a facility application comply with the requirements of section 17-54-050.

(B)

The narrative for a facility application complies with the requirements of section 17-54-050.

(C)

No oil and gas location containing an oil or gas well, as such terms are defined in section 17-54-020 B.M.C., shall be located any closer than 2,000 feet from the nearest parcel lot line for any of the following uses: athletic field, amphitheater, auditorium, childcare facility, correctional facility, dwelling unit, event center, hospital, life care institution, nursing home or nursing facility, recreational facility, school or school facility, or undeveloped residential lot.

(D)

All plans have been submitted in compliance with section 17-54-050 and 17-54-060.

(E)

The application complies with all applicable COGCC, AQCC, EPA, CDPHE, and local laws and regulations, including sections 17-54-030 through 17-54-90.

(F)

The application complies with all other site-specific requirements that are determined necessary by city council and are otherwise consistent with applicable law and regulations.

(G)

Noise and vibration. The facility shall prevent adverse impacts to public health, safety and welfare, and the environment, by eliminating or minimizing and mitigating noise and vibration impacts to surrounding land uses.

(H)

Light and dust. The facility shall prevent adverse impacts to public health, safety and welfare, and the environment, by eliminating or minimizing and mitigating dust and light pollution.

(I)

Air quality. The construction and operation of any oil and gas facility shall avoid causing degradation to air quality and will avoid or minimize and mitigate adverse impacts to public health, safety and welfare, and the environment. Emissions that cause or contribute to exceedances of the National Ambient Air Quality Standards cause degradation to air quality. To avoid causing degradation to air quality and in order to avoid or minimize adverse impacts, the installation and operation of any oil and gas facility shall eliminate, capture, or minimize all potentially harmful emissions, minimize dust associated with onsite activities and traffic, and demonstrate how the operator will prevent and mitigate gas leaks and air emissions.

(J)

Emergency preparedness and response. Oil and gas operations shall avoid risks of 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 and safety and repair damage caused by emergencies.

(K)

A weed control plan that prevents adverse impacts to the environment and avoids causing degradation to vegetation and pollinators. Weeds shall not be over twelve inches high. Weed control plan must comply with chapter 8-08, B.M.C.

(L)

Adequate water supply. Applications for proposed oil and gas facilities shall demonstrate that the available water supply is the least detrimental to the environment among the available sources and adequate to meet the needs of the facility.

(M)

Water quality. Oil and gas facilities shall prevent adverse impacts to public health, safety, welfare, and the environment and avoid causing degradation to surface or ground waters within the city.

(N)

Grading, drainage, and erosion. To prevent adverse impacts to the environment, oil and gas facilities shall not cause significant erosion or sedimentation and shall be conducted in accord with the grading, drainage and erosion control plan.

(O)

Risk analysis that anticipates potential risks associated with oil and gas development, particularly in and around land uses, and maintains appropriate safety management plan and emergency response and preparedness plans in place.

(P)

Abandoned wells plan that prevents adverse impacts to public health, safety, welfare, and the environment, and eliminates or minimizes and mitigates risks associated with abandoned wells.

(Q)

Wetlands protection. Oil and gas facilities shall prevent adverse impacts to the environment and avoid causing degradation to wetlands within the city. Among other methods to achieve compliance with this standard, the proposed oil and gas facility shall not alter historic drainage patterns and/or flow rates or shall include acceptable mitigation measures, as approved by the city, to compensate for anticipated drainage impacts.

(R)

Cultural and historic resources. Oil and gas facilities shall avoid causing degradation of cultural or historic or archaeological resources, sites eligible for city designation as a historical landmark, or sites in the National Historic Register. Operator shall have approval from the State Historic Preservation Office detailing required protection and mitigation measures to be implemented to preserve any historical or cultural resources potentially affected by the proposed facility, and to provide a copy of such approval to Broomfield, in consultation with the surface owner and subject to any confidentiality requirements.

(S)

Floodplains and floodways. Facilities and equipment are prohibited in floodways, as defined by the Federal Emergency Management Agency. Facilities and equipment shall not be located in the 100-year floodplain unless all alternate locations outside of the floodplain that allow for extraction or transportation of the resource are more detrimental to health, safety, welfare or the environment than the proposed location in the floodplain and operator has demonstrated that mitigation measures will ensure all hazardous materials will be contained on the well site during flood conditions. All above-ground oil and gas facilities approved in a floodplain shall comply with the flood protection measures in Chapter 17-40, B.M.C. Tanks in the 500-year floodplain also require flood protection measures.

(T)

Geologic hazard areas other than floodplains and floodways. Facilities and equipment shall not be located in geologic hazard areas unless all alternate locations outside of the geologic hazard area that allow for extraction or transportation of the resource are more detrimental to health, safety, welfare or the environment than the proposed location in the geologic hazard area.

(U)

Land disturbance. The installation and operation of any oil and gas facility shall avoid causing degradation to the surface of the property used for the oil and gas facility. Considerations for application of this standard include, but are not limited to, the natural topography and existing vegetation, unnecessary or excessive site disturbance, and minimization of the amount of cut and fill.

(V)

Natural resources. The installation and operation of any oil and gas facility, pipeline, workover site, or oil and gas access road shall avoid causing degradation to the environment and wildlife including to wetlands; floodplain; ponds; creeks, streams and drainageways; migratory birds and raptors; prairie dogs; burrowing owls; state and federal threatened and endangered species for both flora and fauna; any other applicable wildlife concerns including den sites for mammals, like coyotes and foxes; fish and other aquatic life; wildlife corridors; significant habitat; natural landmarks and prominent natural features such as distinctive rocks, outcroppings, and landforms; vegetation including grasses, shrubs, and trees; and visual or scenic resources as identified in the comprehensive plan, open space, parks, recreation and trails master plan, the oil and gas location's environmental assessment or 20-Day Environmental Clearance Letter.

(W)

Odor, including chemical odors. Oil and gas facilities shall control, minimize and mitigate odors to prevent odors, including chemical odors, from oil and gas facilities from affecting the health and welfare of the public and to comply with Colorado Department of Public Health and Environment, Air Quality Control Commission, Regulation No. 2 Odor Emissions, 5 CCR 1001-4, Regulation No. 3, 5 CCR 1001-5, Regulation No. 7, 5 CCR 1001-9, Pt. D, and COGCC odor requirements. The operator shall notify the city and county manager no later than twenty-four hours after receiving an odor complaint and shall cooperate with the city in responding to complaints.

(X)

Recreational activity. Oil and gas facilities shall avoid causing degradation to the quality and quantity of recreational activities in the city. Considerations for application of this standard include, but are not limited to, designated environmental resources, trails, and recreational uses, as identified in the comprehensive plan or identifiable on or near the site.

(Y)

Scenic attributes and character. Oil and gas facilities shall avoid causing degradation to the scenic attributes and character of the area.

(Z)

Surrounding buildings. Oil and gas facilities 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 facilities 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.

(AA)

Transportation, roads, and access. Oil and gas facilities shall be designed and implemented to avoid or minimize and mitigate impacts to physical infrastructure of the city transportation system, ensure public safety, and maintain quality of life for other users of the city transportation system, adjacent residents, and affected property owners. Where available, existing private roads shall be used to minimize land disturbance unless traffic safety, visual concerns, noise concerns, or other adverse surface impacts dictate otherwise. Operator shall fund infrastructure improvements required to support extraction activities and public safety, and pay for significant degradation caused by operations and the resulting cost of repairs. Operator shall comply with hazardous materials regulations and obtain adequate insurance for exposure related to potential truck accidents.

(Ord. No. 2144, § 1, 5-11-21)

All use permitted by special review applications approved by the city council pursuant to 17-54-050 B.M.C., shall require compliance with the final plans listed below. Such final plans shall be approved by the city and county manager and city council prior to the commencement of drilling. In addition to any other notices required by this chapter, Operator shall provide written notice to the city no less than thirty days prior to the commencement of construction, drilling, completion or any recompletion, re-drilling or plugging and abandonment of a well, for all approved facilities.

(A)

A response letter that outlines how the permit requirements have been met;

(B)

A list of all permits or approvals obtained or to be obtained from local, state, or federal agencies;

(C)

Copies of all permits requested, including any exceptions;

(D)

A detailed site plan for all facilities that includes submittal to the city of all documents required to be submitted with a COGCC Form 2A, if different, a depiction of all visible improvements within 500 feet of the proposed location, to include buildings/residences, public roads and trails, major above-ground utilities, railroads, pipelines, mines, oil/gas/injection/water/plugged wells, etc. as required by applicable COGCC rules, and the site plan requirements of the Broomfield Municipal Code, as amended;

(E)

A summary of planned facilities, including identified access points and operational timeline for posting to a local community information web page;

(F)

A site plan for site preparation, mobilization, and demobilization;

(G)

A plan for interim reclamation and revegetation of the well pad and final reclamation of the well pad; Vicinity maps for each facility, including maps that show the following information:

(1)

The location of all existing water bodies and watercourses, including direction of water flow;

(2)

The location for existing oil and gas wells or injection wells as reflected in COGCC records; and

(3)

The location of the drill site;

(H)

Final project schedules for all phases, including site construction, pipeline construction, drilling, completions (broken down into activity-based components), commissioning, operations, reclamation, and plugging and abandonment;

(I)

Information demonstrating the operator is capable of fulfilling and is likely to fulfill the obligations imposed by this chapter and the Oil and Gas Conservation Act;

(J)

Information demonstrating the operator will comply with chapter 17-40 B.M.C. and applicable FEMA requirements;

(K)

Information demonstrating the operator will comply with chapter 13-50 B.M.C.;

(L)

A final alternative site analysis;

(M)

A final noise modeling protocol;

(N)

A final noise impact mitigation plan;

(O)

A final odor mitigation plan;

(P)

A final plan for light and dust mitigation;

(Q)

A final traffic management plan and a reasonable bond to cover any damage to public infrastructure during active drilling and completion;

(R)

A final detailed traffic plan that determines any operational changes and geometric modifications necessary for extraction activities;

(S)

A final air quality mitigation plan;

(T)

A final air modeling plan;

(U)

A final air monitoring plan that describes how the operator will conduct baseline and subsequent monitoring within 500 feet of a proposed facility;

(V)

A final electrification plan;

(W)

A final emergency preparedness and response plan;

(X)

A final weed control plan;

(Y)

A final traffic management plan;

(Z)

A final landscaping and visual mitigation plan;

(AA)

A final fencing and screening mitigation plan;

(BB)

A final water quality plan;

(CC)

A final grading, drainage, and erosion control plan;

(DD)

A final stormwater management plan;

(EE)

A final risk management plan;

(FF)

A final abandoned wells plan;

(GG)

A final wetlands protection plan;

(HH)

A final hazardous materials management plan;

(II)

A final waste management plan;

(JJ)

A final assessment of historical and cultural resources in and around the proposed oil and gas development, including proposed mitigation measures;

(KK)

A final water supply plan;

(LL)

A twenty-day letter confirmed by the city stating that any environmental and wildlife conditions identified in the environmental assessment have been addressed;

(MM)

A final cumulative impacts analysis;

(NN)

A final flowline management plan;

(OO)

A listing of all required fees and costs and proof of payment; and

(PP)

Additional information. If the city and county manager determines that the city needs additional information to determine whether the proposed oil and gas facility meets the criteria in chapter 17-54-070 B.M.C., the city and county manager may require the applicant to submit such information.

(Ord. No. 2144, § 1, 5-11-21)

The following oil and gas facility operational requirements and mitigation measures are likely necessary to meet the approval criteria in section 17-54-070. Accordingly, unless the city council deems a condition unnecessary to establish compliance with this section, all of the following shall apply to all oil and gas facilities in the form of conditions of approval applicable to each use by special review permit:

(A)

Color. Facilities shall be painted in a uniform, non-reflective color that blends with the surrounding landscape.

(B)

Anchoring. Anchoring is required within floodplains or geological hazard areas, as needed to resist flotation, collapse, lateral movement, sinking, or subsidence, and in compliance with Federal Emergency Management Agency (FEMA). All guy line anchors left buried for future use shall be identified by a marker of bright color not less than four feet in height and not greater than one foot east of the guy line anchor.

(C)

Burning. No open burning of trash, debris or other flammable materials.

(D)

Chains. Traction chains shall be removed from heavy equipment on city streets.

(E)

Discharge valves. Discharge valves shall be secured, inaccessible to the public and located within the secondary containment area. Open-ended discharge valves shall be placed within the interior secondary containment for storage tanks.

(F)

Dust suppression and fugitive dust. Dust associated with on-site activities and traffic on access roads shall be minimized throughout construction, drilling and operational activities such that there are no visible dust emissions from access roads or the site to the extent possible given wind conditions. No untreated produced water or other process fluids shall be used for dust suppression. The operator will avoid creating dust or dust suppression activities within 300 feet of the ordinary high-water mark of any water body, unless the dust suppressant is water. Sand, silica and similar materials must be properly stored to prevent fugitive particulates. Measures shall be used to control particulates, including proof of compliance with State-required dust control measures and imposition of an opacity requirement as tested using EPA Method 9. Safety Data Sheets (SDS) for any chemical-based dust suppressant shall be submitted to the city prior to use.

(G)

Emergency preparedness and response plan. The applicant shall implement the emergency preparedness and response plan approved by the city and county manager and city council. The plan shall be updated annually, or as conditions change, such as responsible field personnel and ownership or as a result of an incident.

(H)

Exhaust. All exhaust, including but not limited to, exhaust from all engines, motors, coolers and other equipment shall be vented up or in a direction away from the nearest occupied building.

(I)

Air quality.

(1)

Flares and combustion devices. Flaring shall be eliminated other than during emergencies or upset conditions. Operator must notify city in advance of any flaring. All flaring shall be reported to the city. To the extent used, all flares, thermal oxidizers, or combustion devices shall be designed and operated as follows:

a.

Any flaring that is done shall be done with a flare that has a manufacturer specification of 98% destruction removal efficiency or better;

b.

The flare and/or combustor shall be fired with natural gas;

c.

The flare and/or combustor shall be designed and operated in a manner that will ensure no visible emissions during normal operation. Visible emissions means observations of smoke for any period or periods of duration greater than or equal to one minute in any fifteen-minute period during normal operation, pursuant to EPA Method 22. Visible emissions do not include radiant energy or water vapor;

d.

The flare and or combustor shall be operated with a flame present at all times when emissions may be vented to it;

e.

All combustion devices shall be equipped with an operating auto-igniter;

f.

If using a pilot flame ignition system, the presence of a pilot flame shall be monitored using a thermocouple or other equivalent device to detect the presence of a flame. A pilot flame shall be maintained at all times in the flare's pilot light burner. A telemetry system shall be in place to monitor the pilot flame and shall activate a visible and audible alarm in the case that the pilot goes out;

g.

If using an electric arc ignition system, the arcing of the electric arc ignition system shall pulse continually and a device shall be installed and used to continuously monitor the electric arc ignition system;

h.

Any flare, auto ignition system, recorder, vapor recovery device or other equipment used to meet the hydrocarbon destruction or control efficiency requirement shall be installed, calibrated, operated, and maintained in accordance with the manufacturer's recommendations, instructions, and operating manuals.

(2)

Leak and detection and repair (LDAR). Operator shall develop and maintain a leak detection and repair program using AQCC approved instrument monitoring methods or alternative approved instrument monitoring methods. Inspections must occur at least monthly. More frequent inspections may be required based on the design, size and location of the facility. If an infrared (IR) camera is used, operator shall retain an infrared image or video of all leaking components before and after repair. Such records shall be maintained for two years and shall be made available to the city upon request. Any leaks discovered by operator, including any verified leaks that are reported to the operator by a member of the public, shall be reported to the city immediately upon discovery. Operator shall repair leaks within forty-eight hours. If the city determines that the leak presents an imminent threat to persons or property, the operator may not operate the affected component, equipment or flowline segment until the operator has corrected the problem and the city agrees that the affected component, equipment or flowline segment no longer poses a hazard to persons or property. In the event of leaks that the city believes do not pose an imminent threat to persons or property, if more than forty-eight-hours repair time is needed after a leak is discovered, operator shall contact the city and county manager and provide an explanation of why more time is required. At least once per year the operator shall notify the city five business days prior to an LDAR inspection of its facilities to provide the city the opportunity to observe the inspection.

(3)

Continuous monitoring to detect leaks or measure hydrocarbon emissions and monitor meteorological data shall be required. City may require operator to install and operate its own continuous monitoring system or may require operator to reimburse the city for costs associated with conducting its own continuous monitoring. Any continuous monitoring system shall be able to alert the operator of increases in air contaminant concentrations.

(4)

Emission control regulations and air protection requirements. To the extent used, all equipment shall comply with the following:

a.

Electrification from the power grid or from renewable sources of all permanent operation equipment that can be electrified;

b.

Dry seals on centrifugal compressors;

c.

Routing of emissions from rod-packing and other components on reciprocating compressors to vapor collection systems;

d.

Emission controls of hydrocarbon emissions of 98% or better for centrifugal compressors and reciprocating compressors;

e.

Best management practices during liquids unloading activities including the installation of artificial lift, automated plunger lifts and flares capable of a 98% destruction removal efficiency for hydrocarbon emissions to control any venting. If manual unloading is permitted, operator shall remain onsite during any manual unloading;

f.

Reduction or elimination of venting during oil and gas maintenance activities such as blowdowns. If it is not feasible to capture or combust emissions during any maintenance activity, including from a well tank, compressor, or flowline the operator shall provide forty-eight hour advance written notice to the city of such proposed venting. Such notice shall identify the duration and nature of the venting event, a description as to why venting is necessary, a description of what vapors will likely be vented, what steps will be taken to limit the duration of venting, and what steps the operator proposes to undertake to minimize similar events in the future. If emergency venting is required, or if accidental venting occurs, the operator shall provide notice to the city of such event as soon as, but in no event longer than, twenty-four hours from the time of the event, with the information listed above and with an explanation as to the cause and how the event will be avoided in the future;

g.

98% control of emissions from pigging operations;

h.

Telemetric control and monitoring systems, including surveillance monitors to detect when pilot lights on control devices are extinguished;

i.

Operator agrees to participate in Natural Gas STAR program or other voluntary programs to encourage innovation in pollution control at facilities;

j.

Proof of compliance with state-required dust control measures and imposition of an opacity requirement as tested using EPA Method 9;

k.

Monitoring as needed to respond to emergency events such as process upsets or accidental releases;

l.

Operator shall implement emission reduction measures to respond to air quality action day advisories posted by the Colorado Department of Public Health and Environment for the Front Range Area, including minimizing vehicle and engine idling; reducing truck traffic and worker traffic; delaying vehicle refueling; suspending or delaying use of fossil fuel powered ancillary equipment; postponing construction activities; postponing maintenance activities. Within thirty days following the conclusion of each air quality action day, operator shall submit a report to the city that details which measures it implemented during that air quality action day;

m.

Shutdown protocols, approved by the city, with notification and inspection provisions to ensure safe shut-down and timely notification to local communities;

n.

Ongoing maintenance checks of all equipment to minimize the potential for gaseous or liquid leaks;

o.

Minimization of truck traffic to and from the site;

p.

No venting other than when necessary for safety. Operator must report any venting to the city within twenty-four hours;

q.

No venting or flaring of associated gas from hybrid gas-oil wells (i.e., gas that is co-produced from a well that primarily produces oil), unless during an emergency;

r.

Consolidation of product treatment and storage facilities within a facility;

s.

Centralization of compression facilities within a facility;

t.

EPA reduced emission completions for oil wells. Daily logs documenting reduced emission completions provided to the city;

u.

EPA reduced emission completions for gas wells. Daily logs documenting reduced emission completions provided to the city;

v.

Closed loop, pitless drilling, completions and production systems;

w.

Use of other best management practices as they become available;

x.

The use of no-bleed continuous and intermittent pneumatic devices. This requirement can be met by replacing natural gas with electricity or instrument air, or routing the discharge emissions to a closed loop-system or process;

y.

A root cause analysis for any Grade 1 gas leaks, as defined by COGCC;

z.

Automated tank monitoring and gauging as required by CDPHE;

aa.

Compliance with all CDPHE permits, if any, and compliance with all OSHA work practice requirements with respect to benzene.

(5)

The following may be required based on the size, nature and location of the facility:

a.

Implementation of tankless production techniques;

b.

The use of desiccant gas processing dehydrators or other zero emitting dehydrators;

c.

Use of a pressure-suitable separator and vapor recovery unit (VRU) where applicable;

d.

Pipeline infrastructure for fresh water shall be constructed and placed into service prior to spudding for delivery of all fresh water to be used during the drilling, completion, production and operations phases;

e.

Pipeline infrastructure for produced water, natural gas, crude oil and condensate will be constructed and placed into service prior to the start of any fluid flow from any wellbore;

(6)

Compliance. The operator shall submit annual reports to the city certifying (a) compliance with these air quality requirements and documenting any periods of material non-compliance, including the date and duration of each such deviation and a compliance plan and schedule to achieve compliance, and (b) that the equipment at the facility continues to operate within its design parameters, and if not, what steps will be taken to modify the equipment to enable the equipment to operate within its design parameters. The annual report shall contain a certification as to the truth, accuracy and completeness of the reports, signed by a responsible corporate official. The operator will also provide the city with a copy of any self-reporting submissions that operator provides to the CDPHE due to any incidence of non-compliance with any CDPHE air quality rules or regulations at the facility.

(J)

Lighting. During all phases of development and operation, operator shall adhere to best management practices to minimize light escaping the facility including making all lighting downward-facing and fully shielding bulbs to prevent light emissions above a horizontal plane drawn from the bottom of the fixture. In doing so, operator shall take topography and location of downhill structures into account in order to avoid shining light into downhill properties. If required by city, during the drilling and completion phases operator shall install a minimum thirty-two foot wall around well pads to reduce light escaping site.

(K)

Maintenance of machinery. Routine field maintenance of equipment involving hazardous materials within 300 feet of any water body is prohibited. All fueling shall occur over impervious material and shall not be done during storm events. Operator shall operate and maintain all equipment in accordance with manufacturer specifications. Regular maintenance checks are required for all equipment.

(L)

Noise. The Operator shall control noise levels as follows.

(1)

Operator must comply with chapter 9-36, B.M.C. or COGCC rules regulating noise, whichever are more stringent.

(2)

Beginning with construction and up to production, a third-party consultant approved by the city must conduct continuous noise monitoring in fifteen minute increments near well sites and maintain records for two years. All data shall be made available to the city on request.

(3)

For db(C) scale noise, Operator shall comply with the requirements of applicable COGCC rules or chapter 9-36, B.M.C. whichever is more stringent.

(4)

To ensure the Operator controls noise to the allowable levels set forth above, one or more of the following may be required based on the size, location and nature of the facility:

a.

Acoustically insulated housing or cover enclosing the motor or engine;

b.

Noise management plan identifying hours of maximum noise levels, type, frequency, and level of noise, and proposed mitigation measures;

c.

Obtain all power from utility line power or renewable sources;

d.

Utilize the most current equipment to minimize noise impact during drilling, completions, and all phases of operation including the use of "Quiet Fleet" noise mitigation measures for completions, electric drill rigs and tier 4 engines, or the most advanced technology available;

e.

Sound walls around well drilling and completion activities to mitigate noise impacts;

f.

Restrictions on the unloading of pipe or other tubular goods between 6:00 p.m. and 8:00 a.m.;

g.

Any abatement measures required by COGCC for high-density areas, if applicable.

h.

Use of quiet design mufflers (also referred to as hospital grade or dual dissipative) or equivalent.

i.

Industrial operations that cannot meet the standards of chapter 9-36 B.M.C., shall not operate from 10:00 p.m. to 7:00 a.m.

(M)

Reclamation. Operators will comply with the city's approved reclamation plan and the COGCC interim and final reclamation requirements. Seeding will take place when climate is conducive to seed germination. Final facility reclamation will ensure compatibility with neighboring land uses at the time of reclamation.

(N)

Removal of debris. All excess debris shall be removed during construction activities. Site shall remain free of debris and excess materials at all times during operations. No burning of debris permitted for any activity on facility, including, but not limited to, drilling, completion, recompletion, redrilling or plugging and abandoning.

(O)

Removal of equipment. No permanent storage of equipment. When no longer used, equipment shall be removed within thirty days unless surface owner agrees and city and county manager or his designee agrees to temporary equipment remaining on site for more than thirty days.

(P)

Pipelines and on-location flowlines.

(1)

Any newly constructed or substantially modified off-location oil and gas flow lines or crude oil transfer lines proposed as part of an applicant's oil and gas facility are subject to use by review under section 17-54-050.

(2)

Off-location flow lines and crude oil transfer 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.

(3)

Without compromising pipeline integrity and safety, applicant shall share existing pipeline rights-of-way and consolidate new corridors for pipeline rights-of-way to minimize adverse impact.

(4)

Operator shall comply with Broomfield's Public/Private Improvement Permit and easement processes for all crude oil transfer lines and off-location flowlines installed in Broomfield owned property or rights-of-way.

(5)

Off-location flow lines and crude oil transfer lines shall be located a minimum of 150 feet away from general residential, commercial, and industrial buildings, as well as the high-water mark of any surface water body unless technically infeasible, in which case such pipelines must be constructed in the next most protective location. This distance shall be measured from the nearest edge of the pipeline/flowline. Setbacks from sensitive environmental features will be determined on a case-by-case basis in consideration of the size and type of pipeline proposed and features of the proposed site.

(6)

Operator must conduct at least two forms of leak detection/integrity management inspections in order to identify leaks or integrity issues.

(7)

Operator must make available to Inspector upon request all records required to be kept by COGCC.

(8)

Buried pipelines shall have a minimum of four feet cover.

(9)

New pipelines shall be constructed no closer than five feet from property lines.

(10)

New pipelines shall be constructed in public rights-of-way, unless technically infeasible.

(11)

Operator shall notify city thirty days prior to any flowline and pipeline abandonment activities and must receive final approval from city prior to proceeding with any type of flowline or pipeline abandonment, whether in place or removal.

(12)

Operator's emergency response plan must address pipeline and on-location flowline spills and ruptures.

(Q)

Gathering Lines

(1)

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.

(2)

Without compromising pipeline integrity and safety, Operator shall share existing pipeline rights-of-way and consolidate new corridors for pipeline rights-of-way to minimize adverse impacts.

(3)

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 pipeline proposed and features of the proposed site.

(4)

Operator must make available to county upon request all records submitted to PHMSA or the PUC including those related to inspections, pressure testing, pipeline accidents and other safety events.

(5)

Operator's emergency response plan must address gathering line spills and ruptures.

(6)

Operator shall comply with Broomfield's Public/Private Improvement Permit and easement processes for all gathering lines installed in Broomfield owned property or rights-of-way.

(R)

Spills and releases. To minimize spills and releases from oil and gas facilities, the following measures will be required, as applicable based on the nature, size and location of the facility:

(1)

Berms or other secondary containment devices around crude oil, condensate, and produced water storage tanks enclosing an area sufficient to contain and provide secondary containment for 150% of the largest single tank. Berms or other secondary containment devices shall be sufficiently impervious to contain any spilled or released material. Inspection of all berms and containment devices at regular intervals, but not less than monthly. Maintenance of all berms and containment devices in good condition. A prohibition on the storage of ignition sources inside the secondary containment area unless the containment area encloses a fired vessel.

(2)

Construction of containment berms using steel rings, designed and installed to prevent leakage and resist degradation from erosion or routine operation.

(3)

Construction of secondary containment areas with a synthetic or engineered liner that contains all primary containment vessels and flowlines and is mechanically connected to the steel ring to prevent leakage.

(4)

For locations within 500 feet and upgradient of a surface water body, tertiary containment, such as an earthen berm, around oil and gas facilities.

(5)

A prohibition on more than two crude oil or condensate storage tanks within a single berm.

(6)

Notification to the city of all spills of a gallon or more that leaves the facility, all spills of any material on permeable ground at the facility that has a reportable spill quantity under any law and copies of any self-reporting submissions that operator provides to the COGCC.

(7)

Operator shall keep a daily incident log that is to be submitted to the city monthly.

(8)

Prohibition of onsite storage of waste in excess of thirty days.

(9)

No permanent storage of drilling and completions chemicals. Drilling and completion chemicals shall be removed at most sixty days after completion.

(S)

Temporary access roads. Operator will assure that temporary access roads are reclaimed and revegetated within sixty days of discontinued use. Erosion shall be controlled while they are in use.

(T)

Water quality. To minimize adverse impacts to surface and sub-surface water bodies from oil and gas facilities, the following measures will be required:

(1)

Prohibition of chemicals dangerous to human health. To prevent harm to human health and prevent odors, operators shall be prohibited from using any toxic, including orally toxic, chemical additives in hydraulic fracturing fluids including but not limited to, the following:

a.

All chemicals listed in COGCC Table 437-1;

b.

Polysorbate 80; and

c.

Perfluoroalkyl and polyfluoroalkyl substances or "PFAS chemicals," defined as a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

(2)

Decommissioned oil and gas well assessment. Prior to any hydraulic fracturing, and at periods following hydraulic fracturing, assessment and monitoring of plugged and decommissioned or removed from use, and dry and removed from use oil and gas wells (abandoned wells) within one-half mile of the projected track of the borehole of a proposed well. This includes:

a.

Based upon examination of COGCC and other publicly available records, identification of all abandoned wells located within one-half mile of the projected track of the borehole of a proposed well.

b.

Risk assessment of leaking gas or water to the ground surface or into subsurface water resources, taking into account plugging and cementing procedures described in any recompletion or plugged and abandoned (P&A) report filed with the COGCC.

c.

Notification of the city and county manager and COGCC of the results of the assessment of the plugging and cementing procedures.

d.

Permission from each surface owner who has an abandoned well on the surface owner's property to access the property in order to test the abandoned well. If a surface owner has not provided permission to access after thirty days from receiving written notice, the applicant shall not be required to test the abandoned well.

e.

Soil gas surveys from various depths and at various distances, depending on results of risk assessment, of the abandoned well prior to hydraulic fracturing.

f.

Soil gas surveys from various depths and at various distances, depending on results of risk assessment, of the abandoned well within one year and then every three years after production has commenced.

g.

Provide the results of the soil gas survey to the city and county manager and the COGCC within three weeks of conducting the survey or advising the city and county manager that access to the abandoned wells could not be obtained from the surface owner.

h.

If contamination is detected during any soils testing, no further operations may continue until the cause of the contamination is detected and resolved and the city has given its approval for additional operations to continue.

i.

All abandoned well assessments shall be conducted by the applicant or, if requested by a surface owner, by a qualified independent professional consultant approved by the city and county manager at the operator's expense.

(3)

Water source sampling and testing. Using records of the Colorado Division of Water Resources, the applicant will be required to identify and offer to sample all available water sources located within one-half mile of the projected track of the borehole of a proposed well and within one-half mile of the radius of the proposed well or facility. All sampling must be conducted by a third-party consultant approved of by the city. The owner or operator shall provide all water source test results to the city and maintain records of such results. Sampling requirements include:

a.

Initial baseline samples and subsequent monitoring samples shall be collected from all available water sources within one-half mile of the projected track of the borehole of a proposed well and one-half mile radius of the facility or multi-facility;

b.

Initial collection and testing of baseline samples from available water sources shall occur within twelve months prior to the commencement of drilling a well, or within twelve months prior to the re-stimulation of an existing well for which no samples were collected and tested during the previous twelve months;

c.

Post-stimulation samples of available water sources shall be collected and tested pursuant to the following time frame:

i.

One sample within six months after completion;

ii.

One sample between twelve and eighteen months after completion; and

iii.

One sample between sixty and seventy-two months after completion;

d.

For multi-well pads, collection shall occur annually during active drilling and completion;

e.

Operator shall collect a sample from at least one up-gradient and two down-gradient water sources within a one-half mile radius of the facility. If no such water sources are available, operator shall collect samples from additional water sources within a radius of up to one mile from the facility until samples from a total of at least one up-gradient and two down-gradient water sources are collected. Operators should give priority to the selection of water sources closest to the facility;

f.

An operator may rely on existing groundwater sampling data collected from any water source within the radii described above, provided the data was collected within the twelve months preceding the commencement of drilling the well, the data includes measurement of all of the constituents measured in Table 1, and there has been no significant oil and gas activity within a one-mile radius in the time period between the original sampling and the commencement of drilling the well;

g.

The operator shall make reasonable efforts to obtain the consent of the owner of the water source. If the operator is unable to locate and obtain permission from the surface owner of the Water Source, the operator shall advise the city and county manager that the applicant could not obtain access to the water source from the surface owner;

h.

Testing for the analytes listed in Table 1, and subsequent testing as necessary or appropriate;

i.

Operator shall follow standard industry procedures in collecting samples, consistent with the COGCC model Sampling and Analysis Plan;

j.

Reporting the location of the water source using a GPS with sub-meter resolution;

k.

Field observations. Reporting on damaged or unsanitary well conditions, adjacent potential pollution sources, odor, water color, sediment, bubbles, and effervescence;

l.

Test results. Provide copies of all test results described above to the city and county manager, the COGCC, and the water source owners within three months after collecting the samples;

m.

Subsequent sampling. If sampling shows water contamination, additional measures may be required including the following:

i.

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);

ii.

If the test results indicate thermogenic or a mixture of thermogenic and biogenic gas, an action plan to determine the source of the gas;

iii.

Immediate notification to the city and county manager, the COGCC, and the owner of the water source if the methane concentration increases by more than five mg/l between sampling periods, or increases to more than ten mg/l;

iv.

Immediate notification to the city and county manager, the COGCC and the owner of the water source if BTEX and/or TPH are detected as a result of testing. Such detections may result in required subsequent sampling for additional analytes;

v.

Further water source sampling in response to complaints from water source owners;

vi.

Timely production and distribution of test results, well location, and analytical data in electronic deliverable format to the city and county manager, the COGCC and the water source owners.

n.

Qualified independent professional consultant. All water source testing shall be conducted by the applicant or, if requested by a surface owner, by a qualified independent professional consultant approved by the city and county manager at the operator's expense.

(4)

Waste management. Conditions of approval that will ensure proper waste management including one or more of the following:

a.

All fluids shall be contained and there shall be no discharge of fluids;

b.

Land treatment of oil impacted or contaminated drill cuttings is prohibited.

(U)

Weed control. Required at the facility until final reclamation and abandonment.

(V)

Regulations. An operator shall comply with all applicable state and federal laws and regulations, as such regulations exist now and with more stringent regulations adopted in the future.

(W)

Site access and security. Site shall be properly secured, including, but not limited to, security fencing or barriers to prevent unauthorized access to site. Site shall be properly secured prior to the start of drilling. Proposed fencing, barriers, and screening shall be included in visual mitigation plan.

(X)

Flammable material. The area twenty-five feet around anything flammable shall be kept free of dry grass or weeds, and conform to COGCC safety standards and applicable fire code. The operator's pre-application and application shall be reviewed by NMFRD.

(Y)

Mud tracking. Mud tracking on city streets shall be de minimus. Operator shall take all practical measures to prevent mud and operator shall clean up any mud tracked onto city streets from all construction and operations within a reasonable time not to exceed two hours.

(Z)

Trailers. A construction trailer is permitted during active drilling and completions only. No residential trailers will be allowed. Only equipment needed for the project should be on site.

(AA)

Visual screening. Operator shall construct a thirty-two-foot wall to screen the facility from view and provide noise and light mitigation with such walls to be colors that blend with the surrounding natural background.

(BB)

Wastewater injection wells are prohibited in Broomfield.

(CC)

Landscaping and berming plan approved by city that includes maintenance and irrigation requirements for planted vegetation throughout the duration of operations, including production. Operator shall be required to provide maintenance funding through bonding to ensure funds are available for upkeep.

(DD)

Odor. No emission of odorous gases or other odorous matter shall be permitted in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air to four volumes of clean air. Operator is required to take odor mitigation measures to address odors and chemical smells, including the following, as required by the city based on the nature, size and location of the facility:

(1)

Adding an odorant which is not a masking agent or adding chillers to the muds;

(2)

Enclosing shale shaker to contain fumes from exposed mud, where safe and feasible;

(3)

Increasing additive concentrations during peak hours;

(4)

Using filtration systems or additives to minimize odors from drilling and fracturing fluids except that operator shall not mask odors by using masking fragrances;

(5)

Using synthetic based oil drilling muds or other types of muds that minimize and mitigate odors;

(6)

Removing drilling mud from drill pipe each time it is removed from the well;

(7)

Prohibition on exposed drilling mud;

(8)

Limitation on use of diesel generators;

(9)

Drill cuttings shall be covered to prevent odor while being transported by truck.

(EE)

Risk Analysis. Operator shall submit a risk analysis and site-specific detailed quantitative and qualitative risk assessment and management plan for pipelines and oil and gas facilities. Plan must identify risks, include qualitative and quantitative risk assessment, list methods of risk avoidance and control that implement techniques to prevent accidents and losses and reduce the impact or cost of an accident or loss after it occurs.

(FF)

Safety management plan and management system applicable to all covered processes at the facility. Safety management system shall provide for employees and systems to oversee implementation and periodic revision of plan. Plan shall include the following elements and describe the manner in which each of the following elements will be applied to the covered processes:

(1)

Process safety information. Compilation of written process safety information needed to conduct process hazard analysis. Process safety information shall include information pertaining to hazards of substances and chemicals used by the process, information pertaining to the technology of the process, information pertaining to the equipment used in the process, and information pertaining to the hazards of the substances or chemicals in the process. Documentation that equipment used in the process complies with recognized and generally accepted good engineering practices;

(2)

Operating procedures. Written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information, and at least annual review of operating procedures to ensure they reflect current operating practices;

(3)

Employee participation. Plan for ensuring employee participation in the conduct and development of process hazards analysis and access to process hazards analysis;

(4)

Training. Written procedures detailing initial and refresher employee training requirements and documentation of employee training;

(5)

Mechanical integrity. Written procedures designed to maintain the on-going integrity of process equipment, ensure employees involved in maintenance are properly trained to ensure the ongoing integrity of process equipment, ensure that process equipment is tested and inspected in accordance with manufacturer specifications, correct deficiencies in equipment in a safe and timely manner, and ensure that new equipment is installed or constructed properly;

(6)

Management of change. Written procedures to manage changes to covered processes, technologies, equipment and procedures;

(7)

Pre-startup reviews. Written procedures regarding pre-startup safety reviews;

(8)

Compliance audits. Written procedures requiring an audit every three years to verify compliance with the procedures and practices developed under the safety management plan, and procedures requiring correction of any deficiencies identified in audit; operator will make results of audit available to inspector upon request;

(9)

Incident investigation. Written procedures requiring investigations of all near-misses and incidents, including root cause analysis of all incidents resulting in fatalities or serious environmental harm, establishing a system to promptly address and resolve the incident, and requiring that all employees and contractors whose job tasks are relevant to the investigation of the near miss or incident review the investigation report.

(10)

Hot work. The facility shall ensure that all hot work complies with city and state fire prevention and protection requirements.

(11)

Contractors. Written procedures describing how operator screens, oversees, shares process safety and emergency response and preparedness information with contractors;

(12)

Process hazard analysis. Process hazard analysis for each covered process;

(13)

Incident history. List of all incidents, including traffic incidents, that have occurred at the operator's facilities within the last ten years, along with any investigation reports, root cause analysis and operational or process changes that resulted from the investigation of the accident;

(14)

Safety culture assessment. Written procedures requiring operator periodically review safety culture, and at a minimum conduct such review after each major accident; and

(15)

Inherently safer systems analysis. Require analysis at least every five years, whenever a change is proposed at the facility that could result in an incident, after an incident if recommended by the investigation report or root cause analysis, and during the design of new processes, equipment or facilities. Safety management plan is subject to review by the city and county manager and city council periodically, but at least every three years and after any incident. City may retain outside consultants to review SMP and may request modifications to safety management plan based on its review and public input.

(GG)

Safety and accidents.

(1)

Incidents. Within a week following any safety incident, operator shall submit a report to the city including the following, to the extent available:

a.

Fuel source, location, proximity to residences and other occupied buildings, cause, duration, intensity, volume, specifics and degree of damage to properties, if any beyond the facility, injuries to persons, emergency response, and remedial and preventative measures to be taken within a specified amount of time;

b.

City may require operator to conduct root cause analysis of any incidents.

(2)

Automatic safety protective systems and surface safety valves. Operator is required to install automated safety system prior to commencement of production. Automated safety system shall include the installation, monitoring and remote control of a subsurface safety valve and shall be able to remotely shut in wells on demand. Subsurface safety valve shall be equipped to operate remotely via the automated safety protective system. Operator shall test automated safety system quarterly to ensure functionality and provide results of testing to city quarterly.

(HH)

Financial assurance

(1)

Operator shall maintain or cause to be maintained, with insurers authorized by the state of Colorado and carrying a financial strength rating from A.M. Best of no less than A- VII (or a similar rating from an equivalent recognized ratings agency), at a minimum, the following types of insurance with limits no less than the amounts indicated:

a.

Commercial general liability insurance on an occurrence form including coverage for bodily injury and property damage for operations and products and completed operations with limits of not less than $1,000,000.00 each and every occurrence, $2,000,000.00 General Aggregate and $2,000,000.00 Products/Completed Operations Aggregate. The city requires the Products/Completed Operations coverage to be provided three years after completion of construction. An endorsement must be included with the certificate.

b.

Automobile liability insurance with limits of not less than $1,000,000.00 each Accident covering owned, hired and non-owned vehicles.

c.

Workers' compensation and Employer's Liability insurance must be maintained for all employees, providing statutory coverage and Employer's Liability insurance with minimum limits of $100,000.00 each accident, $100,000.00 disease-each employee and $500,000.00 disease policy limit.

d.

Control of well/operators extra expense insurance with limits of not less than $25,000,000.00 covering the cost of controlling a well that is out of control or experiences a blowout. Coverage to include re-drilling or restoration expenses, legal liability for pollution-related bodily injury or property damage resulting from an out of control well event, loss of equipment and evacuation expense.

e.

Umbrella/excess liability insurance in excess of general liability, employer's liability, and automobile liability with limits no less than $25,000,000.00 per occurrence; provided, however, that for so long as the Construction Phase, Drilling Phase or Completions Phase is ongoing at any of the Well Sites, Operator will maintain such insurance with limits no less than $100,000,000.00 per occurrence.

f.

Environmental liability/pollution legal liability insurance for gradual pollution events, providing coverage for bodily injury, property damage or environmental damage with limits no less than with limits of not less than $25,000,000.00 per pollution incident. Coverage to include claims arising during transportation and at non-owned waste disposal sites. Should this insurance be on a claims-made basis the retroactive date must precede the date field activities were initiated.

g.

Contractors. Operator shall require adequate insurance of its contractors and subcontractors. Operator agrees that it shall be responsible for any damage or loss suffered by the county as a result of negligence by Operator or any subcontractor with these requirements.

h.

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 affiliates, or its or their employees, officers or directors for payments made or to be made under such policies.

i.

Operator is required to add the city and its elected and appointed officials and employees as additional insureds under general liability (including operations and completed operations), auto liability, Environmental/Pollution Liability and umbrella liability policies.

j.

Operator shall ensure that each of the policies are endorsed to provide that they are primary without right of contribution from the city or any insurance or self-insurance otherwise maintained by the city, and not in excess of any insurance issued to the city.

k.

Operator shall ensure that each of the policies above (excluding workers' compensation and control of well/operators extra expense) are endorsed to state that the inclusion of more than one insured under such insurance policy shall not operate to impair the rights of one insured against another insured and that the coverage afforded by each insurance policy shall apply as though a separate policy had been issued to each insured.

l.

All policies shall be endorsed such that they cannot be canceled or non-renewed without at least thirty days' advanced written notice to the Operator and the city, evidenced by return receipt via United States mail, except when such policy is being canceled for nonpayment of premium, in which case ten days advance written notice is required. Language relating to cancellation requirements stating that the insurer's notice obligations are limited to "endeavor to" are not acceptable.

m.

Operator shall, prior to permit issuance, and at least annually, deliver certificates of insurance reasonably acceptable to the city confirming all required minimum insurance is in full force and effect.

n.

Deductibles or retentions shall be the responsibility of Operator. Deductibles or retentions must be listed on the certificate of insurance required herein and are subject to the reasonable approval of the city.

o.

Operator shall require any of its subcontractors to carry the types of coverage and in the minimum amounts in accordance with the requirements this section 17-54-090.II, 1.a-c. Operator agrees that it shall be responsible for any damage or loss suffered by the city as a result of non-compliance by Operator or any subcontractor with these requirements.

p.

If Operator's coverage lapses, is cancelled or otherwise not in force, the city reserves the right to obtain insurance required herein and charge all costs and associated expenses to Operator, which shall become due and payable immediately.

q.

A surety bond or other financial assurance deemed acceptable by the city is required from the Operator to ensure performance of all obligations of the operator in compliance with all rules, regulations, and laws imposed by the city, including the obligation to properly plug, abandon and reclaim all wells, well sites and pipelines. Upon the commencement of the drilling of any new oil and gas well, the Operator shall procure and deposit with the city a surety bond issued by an insurer authorized by the state of Colorado and carrying a financial strength rating from A. M. Best of no less than A- VII. The amount of financial assurance required is $12.00 per linear foot of the aggregate wellbore of all wells to be drilled subject to a minimum of $100,000.00 and a maximum of $1,000,000.00. The applicable bond amount shall be reviewed annually (or earlier by mutual agreement) and shall be released when all oil and gas wells subject to the approved use by special review have been plugged and abandoned, as determined by the city.

r.

Term. All required insurance, bonds or other financial assurance required by this section shall be provided to the city prior to commencement of any work, including well pad construction, and shall remain in effect until all wells subject to the approved use by special review have been plugged and abandoned, as determined by the city, unless the financial assurance has been replaced or released or reduced pursuant to regulations established by the city. No financial assurance shall be released or reduced unless: (A) alternate financial assurance is provided; or B) the city manager determines that the amount of financial assurance released or reduced is not necessary to ensure the purpose for which it was provided.

(II)

Land disturbance and compatibility. Conditions of approval that will reduce impacts to the site, residential development, natural resources, environmental resources, agricultural resources, floodways and floodplains, wetlands, and recreational activities, and will enhance compatibility with the surrounding area or scenic and rural character may be required, including, but not limited to, one or more of the following:

(1)

Reduction. A reduction of the number of wells on a single pad;

(2)

Pad dimensions. Adjustment of pad dimensions to the minimum size necessary to accommodate operational needs while minimizing surface disturbance;

(3)

Structures and surface equipment. Adjustment of structures and surface equipment to the minimal numbers and size necessary to satisfy operational needs;

(4)

Shared infrastructure. Use of shared existing infrastructure by oil and gas operations, minimizing the installation of new facilities and avoiding additional disturbance to lands in a manner that reduces the introduction of significant new facility impacts to the environment, landowners and natural resources;

(5)

Vegetation. Maximization of the amount of natural screening available for the facility. Natural screening includes, but is not limited to, the use of existing vegetation as a background, the construction of the facility near screening stands of vegetation, or placement in valleys allowing topographic screening. Construction of the facility in a manner that minimizes the removal of and damage to existing trees and vegetation. If the facility requires clearing trees or vegetation, feathering and thinning of the edges of the cleared vegetation and mowing or brush-hogging of the vegetation while leaving root structure intact, instead of scraping the surface;

(6)

Equipment. Use of low profile tanks and less intrusive equipment;

(7)

Spills and leaks. A plan to monitor for fluid leaks or spills;

(8)

Operator shall identify and mitigate through location of facilities and berms potential environmental impacts to drainage ways in a form acceptable by the city;

(9)

Transportation. Conditions of approval that will ensure public safety for all modes of travel along travel routes to and from the site and maintain quality of life for other users of the city transportation system, adjacent residents, and affected property owners, including a requirement that the applicant use a particular route for some or all of the pad construction, drilling, and completion phases of the oil and gas facility; maintenance practices on the proposed route during pad construction, drilling, and completion designed and implement to adequately minimize adverse impacts; and compliance with city transportation standards.

(JJ)

Pipeline and Flowline abandonment

(1)

Operator must receive final approval from the city before proceeding with pipeline or flowline abandonment activities. The city will require removal of flowlines and pipelines unless the city determines removal causes greater adverse impacts to public health, safety, welfare, or the environment than abandonment in place.

(2)

With respect to flowlines and pipelines abandoned in place, a tracer will be placed in any nonmetal line.

(3)

All lands disturbed by removal of flowlines and pipelines will be reclaimed and revegetated.

(KK)

Well abandonment or decommissioning. An operator may not plug, re-plug, abandon or otherwise decommission an oil and gas well until the city has reviewed and provided written approval to the Operator.

(1)

The operator shall comply with any COGCC rules regarding well abandonment, decommission, or reclamation.

(2)

Upon plugging and reclaiming a well, the applicant shall provide the city with surveyed coordinates of the decommissioned or reclaimed well.

(3)

City inspector shall be onsite during plugging and abandoning.

(4)

Unless otherwise requested by the surface owner, the Applicant must leave onsite a permanent physical marker of an abandoned well location.

(LL)

New Technologies. Operator shall review its operations every five years and retrofit with new beneficial technology if feasible in consultation with Broomfield.

(Ord. No. 2144, § 1, 5-11-21; Ord. No. 2172, § 1, 2-8-22)

(A)

Registration Required. All Operators within the city must have a current and valid city registration in place.

(B)

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 17-54-030(A):

(1)

Company name, address, email, and mobile phone contact information for two individuals associated with the company and who will serve as 24-hour emergency contacts and who can ensure a timely and comprehensive response to any emergency.

(2)

A map that shows all of the Operator's mineral rights, including lease rights, whether owned by the Operator named in number 1 or a parent or subsidiary entity, inside or within 2,000 feet of the boundaries of the city.

(3)

A certified list of all instances within the ten 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 violations or found that the 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 Operator must certify to that effect.

(4)

A list of all incidents (including but not limited to accidents, spills, releases, and injuries) within the past ten years that occurred at facilities owned or operated by Operator or a subsidiary or affiliate under the same management as the Operator, including events involving contractors. 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.

(5)

Information related to the Operator's financial fitness to undertake the proposed oil and gas operations, including materials (audited, where appropriate) such as the following:

a.

Balance sheets for the previous five fiscal years;

b.

Operating cash flow statements for the previous five fiscal years;

c.

List of long- and short-term debt obligations;

d.

List of undercapitalized liabilities;

e.

Statements necessary to calculate net profit margin, debt ratio, and instant or current solvency ratio;

f.

Certified copies of all current financial assurances filed with the COGCC; and

g.

Tax returns for the prior five years.

(6)

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 facilities and operations.

(C)

New Operators to the city must submit registration materials that are accepted by the city at least sixty days prior to scheduling a Pre-Application conference. Operators with existing facilities are subject to 17-54-110.

(D)

Operator registration must be updated and renewed annually by July 31.

(Ord. No. 2144, § 1, 5-11-21)

(A)

Application to Pre-Existing Facilities. Oil and gas facilities that were legally established prior to the effective date of this chapter but do not conform to this chapter will be allowed to continue, subject to this section. Any proposed amendment, modification, maintenance, or repair to a pre-existing oil and gas facility or operation is subject to review by city council pursuant to section 17-54-040. Any modification of such oil and gas operations or facilities that city council determines to be substantial requires a separate use by special review permit under this chapter.

(B)

Assumption of Existing Oil and Gas Operations. Any operator assuming the ownership or operational responsibility for pre-existing oil and gas facilities or oil and gas operations is subject to the requirements of this section 17-54-110.

(C)

Registration. Operators with existing oil and gas facilities in the city prior to the effective date of these regulations will submit the registration materials described in 17-54-100 within ninety days after the effective date of this article; or, if not already operating wells in the city, at least sixty days prior to assuming responsibility for operating existing Oil and Gas Facilities. Operator registration must be updated and renewed annually by July 31.

(D)

Inspections.

(1)

The city may inspect the items listed in this section at pre-existing oil and gas facilities.

(2)

Operators will inspect all oil and gas facilities, including shut-in and temporarily abandoned facilities, as follows:

a.

Soil sampling for contamination within the boundaries of existing facility pads annually;

b.

Equipment-assisted inspection for emissions or releases, including use of best available technology (such as infrared cameras), at least every thirty days; and

c.

Visual inspections for liquid leaks at least every thirty days.

(3)

Operators will report the date, methodology, subject, and results of all inspections to the city monthly.

(4)

Spills, leaks, and releases of any substance other than fresh water, including spills of produced water, oil, condensate, natural gas liquids, all spills outside of secondary containment, gas leaks, and E & P waste, must be reported to the city local governmental designee immediately upon discovery and no later than six hours thereafter. When leaks, spills, or releases are discovered, by city or Operator inspection or otherwise, the enforcement mechanisms and penalty provisions in 17-54-260 through 17-54-280 will apply.

a.

Reporting. For spills or other releases meeting the Colorado reporting requirements pursuant to Section 25-8-601 (2), C.R.S., operators will adhere to all Colorado reporting requirements. If the city determines the spill or leak is reportable to any agency, the city may make such report.

b.

Clean-up. Any leak, release, or spill will be cleaned up according to applicable county, 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, which may include monitoring or inspection requirements and penalties under 17-54-260 through 17-54-280.

c.

Root Cause Analysis. A root cause analysis of any spill, leak, or release of any substance other than fresh water that resulted in serious bodily injury or fatality, serious environmental harm, was a Grade 1 gas leak as defined by the COGCCC, or is otherwise requested by city council must be submitted to the city within thirty days of the leak, spill, or release.

(E)

Noise. Existing oil and gas facilities must comply with the noise standards in 17-54-090(L).

(F)

Odor. Existing oil and gas facilities must not emit odor detectable after dilution with 2 or more volumes of odor free air.

(G)

Emergency Response Plan that complies with 17-54-060(U).

(H)

Revegetation and Reclamation. When any pre-existing oil and gas facility is decommissioned, all areas disturbed will be reclaimed and revegetated to the satisfaction of the city, in consultation with the landowner. Revegetation and reclamation will include, but is not limited to, the use of native plant species when appropriate, integrated management of weed control and prevention, and full establishment of appropriate vegetation for a minimum of three consecutive growing seasons. Revegetation and Reclamation must comply with chapter 8-08, B.M.C..

(I)

Stormwater Quality Control. Adequate stormwater quality control measures must be used to comply with applicable permits and city regulations.

(J)

Weed Control. Any weeds identified on the property must be contained and suppressed, and dispersal of their seeds must be prevented.

(K)

Fines. Violations of this section are subject to the enforcement mechanisms in 17-54-260 through 17-54-280.

(L)

Financial assurances for pre-existing facilities. Effective May 1, 2023, an operator of any low-producing well must provide proof of financial assurance consistent with B.M.C. § 17-54-090(HH)(1)(q), as amended from time to time. Such obligation must be met no later than sixty days after a well becomes low-producing for twelve consecutive months. The designation of a low-producing well may include reported production amounts for up to twelve months prior to the effective date of this subsection.

(Ord. No. 2144, § 1, 5-11-21; Ord. No. 2161, § 3, 5-10-2022)

III. Administrative Review

Development of an oil and gas facility shall not commence until and unless any required permits from COGCC and a use by special review permit from the city has been approved.

(Ord. No. 2144, § 1, 5-11-21)

IV. Variances

(A)

Variance request. In the use by special review permit an applicant may request a variance from any provision of this chapter. A request for a variance under this subsection 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 by special review permit. The variance provisions of chapter 16-36, B.M.C. shall not be applicable to a variance request under this chapter. In instances where an operator is seeking an environmental or wildlife variance, operator must confer with the city's open space and trails advisory committee (OSTAC).

(B)

Other variances grounds for variance. A variance from the application of any provision of this chapter may be requested on the basis of one or more of the following grounds. A variance may be in the form of a waiver or modification, as applicable:

(1)

There is no technology commercially available to conduct the proposed oil and gas operation in compliance with the provision and granting a variance from the operation of the provision will not have an adverse effect on the public health, safety, welfare, the environment or wildlife;

(2)

An alternative approach not contemplated by the provision is demonstrated to provide a level of protection of the public health, safety, welfare, the environment or wildlife, that would be at least equivalent to the applicable provision;

(3)

Application of the provision would create an undue or unnecessary hardship or would jeopardize public health, safety, welfare, the environment or wildlife because of unique physical circumstances or conditions existing on or near the site of the oil and gas facility.

(4)

For variances to the financial assurances requirements of this chapter, a variance can be requested on the grounds that the operator is unable to comply with both the required financial assurance and plugging of a low-producing well.

(Ord. No. 2144, § 1, 5-11-21; Ord. No. 2161, § 4, 5-10-2022)

V. Miscellaneous Provisions

(A)

Use by special review permits may be assigned to another operator only with the prior written consent of the city manager and upon a showing to the city that the new operator can and will comply with all conditions of the transferred use by special review permit and with all of the applicable provisions of this chapter. The existing operator shall assign the use by special review permit to the new operator on a form provided by the city and the new operator shall also sign the form agreeing to comply with all of the conditions of the permit and all applicable provisions of this chapter.

(B)

All conditions of approval will survive a change of ownership and apply to the Applicant's successors, including the requirements of Operator Registration and Financial Assurances.

(Ord. No. 2144, § 1, 5-11-21)

In the event of a conflict between the provisions of this chapter and any other provision of this title, the provisions of this chapter shall control.

(Ord. No. 2144, § 1, 5-11-21)

Except as otherwise provided in this chapter, it is unlawful to construct, install, or cause to be constructed or installed, any oil and gas facility within the city unless approval has been granted by the city by a use by special review permit. The unlawful drilling or redrilling of any well or the production therefrom is a violation of this chapter.

(Ord. No. 2144, § 1, 5-11-21)

If the city believes the operator has violated a condition of the use by special review permit or that there are material changes in the approved oil and gas facility, the city may, for good cause temporarily suspend the use by special review permit. Upon oral or written notification, the operator shall cease operations immediately. As a condition precedent to terminating the use by special review permit, the city shall provide written notice to operator specifying, in reasonable detail, the failure and the remedy required. The operator shall then have a period of forty-five days in which to remedy the failure, or if the failure is of a nature that cannot be remedied within that forty-five-day period, the operator shall have commenced to remedy the failure and will diligently complete the remedy. City authorization is required to re-start facilities that have been suspended under use by special review permit. If operator fails to remedy a material default in the manner set forth above, upon written notice, the city may terminate the use by special review permit and revoke any or all approvals for operations of the subject oil and gas facilities. Upon such revocation, operator shall cease operating such oil and gas facilities until it obtains approval for such wells under the then-applicable city code.

(Ord. No. 2144, § 1, 5-11-21)

Subject to other applicable provisions of law, any person who constructs, installs, or uses, or who causes to be constructed, installed, or used, any oil, gas, or injection well, or facility in violation of any provision of this chapter or of the conditions and requirements of the oil and gas use by special review permit, may be punished as provided in chapter 1-12, B.M.C. Each day of such unlawful operation constitutes a separate violation. Violations of emission control regulations are subject to $300.00 per day penalty per violation, per the Air Pollution Prevention and Control Act Section 25-7-128(8).

(Ord. No. 2144, § 1, 5-11-21)

In case of any violation of this chapter, including but not limited to (a) nonconformance with a special review permit, (b) nonconformance with plans submitted and approved by the city pursuant to this chapter, (c) failure to comply with any of the required air mitigation measures contained in 17-54-090(I) or (d) a building or structure is or is proposed to be erected, constructed, reconstructed, altered, or used, or any land is or is proposed to be used, in violation of any provision of this article or the conditions and requirements of the oil and gas special use permit, the city attorney, in addition to the other remedies provided by law, ordinance, or resolution, may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, or use. The enforcement provisions of this chapter shall apply to all use by special review permits adopted pursuant to this chapter.

If the city 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 will notify the COGCC in writing. If the COGCC fails to bring suit to enjoin any actual or threatened violation, then the city attorney may file an action seeking injunctive relief as necessary to protect public health, safety, welfare and the environment.

(Ord. No. 2144, § 1, 5-11-21)

The city manager may revoke approval of a facility if it is determined after an administrative hearing, held on at least ten days' notice to the applicant, that the applicant provided information or documentation upon which approval was based, which the applicant, its agents, servants, and/or employees, knew, or reasonably should have known, was materially false, misleading, deceptive, or inaccurate.

(Ord. No. 2144, § 1, 5-11-21)

If any provision of this chapter is found by a court of competent jurisdiction to be invalid, the remaining provisions of this chapter will remain valid, it being the intent of the city council that the provisions of this chapter are severable.

(ord. no. 2144, § 1, 5-11-21)

The approval of a use by special review shall not relieve the operator from complying with all commission rules with respect to abandonment and plugging of wells. The operator shall provide the city with a copy of any form filed with the commission at the time that any such form is filed with the commission.

(Ord. No. 2144, § 1, 5-11-21)

(A)

Application fee. When an application is submitted to the city for a use by special review under this chapter, the applicant shall pay to the city a $5,000.00 oil and gas application review fee for each facility. In addition, the applicant shall be required to pay a use by special review fee and public notice and publication fees as required for a use by special review. These fees are in addition to any other fees charged by the city.

(B)

Operator fees. To recover the reasonably foreseeable direct and indirect costs associated with permitting and regulating oil and gas operations, Operator shall pay an operational fee, which may be based on the size and number of locations and the number of wells. Such fee shall be established by the city and set forth in the Community Development Fee Schedule.

(C)

Additional inspection fees related to leaks, spills, and emissions may be assessed as established by the city and set forth in the Community Development Fee Schedule. Such fees shall be based on the costs associated with the city's monitoring and inspection program.

(Ord. No. 2144, § 1, 5-11-21)

Pursuant to section 25-7-128(4), C.R.S., upon the issuance of any enforcement order or granting of any permit, the city shall transmit to the AQCC a copy of the order or permit. 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 provision.

(Ord. No. 2144, § 1, 5-11-21)

Any appeal of a decision by the city council under this chapter, to the extent allowed by law, shall be filed in the district court of this county within thirty days of the final decision on any such matter.

(Ord. No. 2144, § 1, 5-11-21)

Operator shall defend and indemnify the city, its employees, boards, agents and city council (the "City entities") from and against all claims and liability against the city entities arising out of or related to the operations of the Operator at any oil and gas facility and any action or inaction of the Operator at or in connection with any oil and gas facility, including but not limited to claims for bodily injury, death, property or other damage, remediation or other costs, or claims under any local, state, or federal environmental law. As used in this paragraph, the term "claim" means any claim filed in any judicial or administrative forum and any administrative proceeding or order. The defense and indemnity does not apply to a claim or liability that arises from the negligence or willful misconduct of the city, its officer, officials or employees.

(Ord. No. 2144, § 1, 5-11-21)

(A)

Hearings. Operators may request a hearing in front of city council to contest any alleged violations of conditions of approval contained in 17-54-090(I). City council may appoint a hearing officer to hear and decide any contested alleged violation of an emission control regulation. The following procedures are applicable to all hearings regarding permit applications and alleged violations of emission control regulations:

(1)

Requests for a hearing shall be granted within fifteen days of receipt of such request. A hearing date must be set within ninety days. Notice of the hearing must be printed in a newspaper of general circulation in the area where the oil and gas facility is located. The city manager or the city manager's designee shall appear as a party in all hearings adjudicating decisions regarding alleged violations;

(2)

The city manager or the city manager's designee shall have the same right to judicial review as other parties. All testimony must be under oath or affirmation. A full and complete record of proceedings and testimony presented shall be taken and filed;

(3)

Information related to secret processes or methods of manufacture or production must be kept confidential. The person seeking to keep information confidential has the burden of proof. Except as provided in the Clean Air Act, information claimed to be related to secret processes or methods of manufacture or production which is emissions data may not be withheld as confidential; except such information may be submitted under a claim of confidentiality and the city shall not disclose such information unless required under the Clean Air Act;

(4)

Any person who is affected and not adequately represented shall have an opportunity to be a party upon prior application to and approval by the city council or hearing officer in its/his/her discretion; such party shall have the right to be heard and cross-examine witnesses;

(5)

City council or the hearing officer shall make a decision within thirty days of completion of the hearing;

(6)

The burden of proof is on the city manager or the city manager's designee with respect to any hearings involving alleged violations;

(7)

Where the Operator requests a hearing before the city on a permit involving provisions contained in the Air Quality section of this code, the permit applicant bears burden of proof with respect to justification therefore and information, data, and analysis supportive thereof or required with respect to the application.

(B)

Judicial Review. Final orders or determinations of the city council regarding emission control regulations are subject to judicial review. The city manager or city manager's designee or city council may move the court to remand the case to the city manager or city manager's designee or city council in the interests of justice for purpose of adducing additional and material evidence and findings; such party shall show reasonable grounds for failure to adduce such evidence previously.

(C)

Injunctions.

(1)

If any person fails to comply with a final order of the city manager or the city manager's designee or city council or hearing officer that is not subject to a pending administrative or judicial review, or in the event of a violation of an emission control regulation, or term or condition of a permit, the city manager or the city manager's designee or city council may request the district attorney for the district court in which the air pollution source is located to bring suit for an injunction.

(2)

In proceedings brought to enforce an order of the of the city manager or the city manager's designee, city council or hearing officer, a temporary restraining order or preliminary injunction, if sought, shall not issue if there is probable cause to believe granting such order or injunction will cause serious harm to the affected person or any other person and; (1) that the alleged violation or activity will not continue or be repeated; or (2) the granting of such temporary restraining order or preliminary injunction would be without sufficient corresponding public benefit.

(Ord. No. 2144, § 1, 5-11-21)

In the event of any compliant that an oil and gas facility is causing an adverse impact to public health, safety, welfare, the environment, or wildlife, the city may require the Operator to take any or all of the following actions to eliminate or mitigate the cause of the adverse impact:

(1)

Institute a protocol to determine the cause of the impact;

(2)

Employ best management practices to eliminate or mitigate the cause of the impact. Best management practices may include the use of a new technology or method;

(3)

Provide any information related to activities at the facility at the city's request.

(Ord. No. 2144, § 1, 5-11-21)