| Planning | Form: (02A )
400660080
10/5/2014 | 10. Emergency Response Plan. Operator will provide the County with an Emergency Response Plan (ERP) to address all potential emergencies that may be associated with an oil and gas facility. Operator shall also provide a copy of such plan to all emergency service providers that would respond to such emergencies. A “will-serve” letter must be obtained from the appropriate emergency provider(s). |
| Traffic control | Form: (02A )
400660080
10/5/2014 | 12. Private Roads. The Operator agrees to construct (unless already
constructed) and maintain an access road designed to support an imposed load of 75,000 pounds
that will accommodate emergency response vehicles such as, but not limited to, law
enforcement, emergency command vehicles (cars/SUVs), ambulances, hazardous materials
response vehicles, water tenders, and fire apparatus during construction and operation of new
tank batteries (post MOU), new drilling activity and reworks or recompletions of existing wells,
unless a local fire department or fire district agrees to a different or lesser standard or waived by
the County. With respect to new roads to new tank batteries, the Operator agrees to construct
access roads at least sixteen (16’) feet wide with at least four (4”) inch road base. Best efforts
will be made to improve inadequate access to existing tank battery sites identified by the fire
district or County, based on service calls and demonstrated problems of accessing the site.
Operator and County agree that spot inspections of access roads may be done by the County
and/or appropriate emergency response agency, at such County or agency’s sole risk and
expense, to insure that emergency access in accordance with this section is maintained.
13. Public Roads.
a. Operator agrees to apply for and obtain access permits for its oil and gas facilities from the Public Works and Development Department. Requirements for the access permit may include the following: a) access location providing for a safe entrance/exit and utilization of main roadways to minimize impact /conflict with residents on local roadways; b) haul route and traffic data; c) pre/post inspection of roadways used by the Operator; d) collateral or bond to insure that road damage caused by the Operator is repaired; e) dust control (material used for dust control must be pre-approved by the County); f) road maintenance agreement during drilling phase; and g) payment of all applicable filing fees.
Operator also agrees to exercise reasonable efforts to minimize heavy truck traffic on local roads within residential neighborhoods between the hours of 9 p.m. and 6 a.m. and further agrees to work with the applicable school district(s) to minimize traffic conflicts with school buses.
b. Operator agrees to obtain any legally valid and applicable oversize and/or over weight moving permit from the Public Works and Development Department for all vehicles that exceed legal vehicle dimensions or weights as specified by the Colorado Department of Transportation. |
| General Housekeeping | Form: (02A )
400660080
10/5/2014 | 15. Painting of Oil and Gas Facilities. Except for such facilities that must be painted a certain color for safety reasons, Operator agrees to paint all new (post-MOU) production facilities with uniform, non-contrasting, non-reflective color tones and with colors matched to, but slightly darker, than surrounding landscapes. |
| Storm Water/Erosion Control | Form: (02A )
400660080
10/5/2014 | 11. Erosion Control. When required by the County’s Grading and Erosion/Sedimentation (“GESC”) Regulations, the Operator agrees to apply for and obtain a GESC permit through the Public Works and Development Department. The County will permit the Operator to submit a standard GESC plan applicable to all of the Operator’s oil and gas facilities
in cases where GESC collateral is required, and the County will also accept a blanket collateral in a form and amount acceptable to the County so that separate collateral will not be required for each oil and gas facility with a GESC permit. A general performance bond in a form and amount acceptable to the County will also be allowed to guarantee performance under sections 10 and 11 of this MOU.
14. Floodplain. Any disturbance within a floodplain will be allowed if the Operator has obtained a Floodplain Development Permit from the County and has complied with all the County’s legally adopted floodplain and engineering regulations. Pits will not be allowed in floodplains, as defined in the County’s Stormwater Management Manual. |
| Material Handling and Spill Prevention | Form: (02A )
400660080
10/5/2014 | 3. Berms. Berms shall be inspected by Operator on a weekly basis for evidence of discharge. Berms shall be inspected within 48 hours of a precipitation event.
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| Material Handling and Spill Prevention | Form: (02A )
400660080
10/5/2014 | 6. Baseline Water Quality Testing. Operator agrees to comply with the Commission’s Statewide Groundwater Baseline Sampling and Monitoring Rule 609, and thereafter with Rule 609 as adopted or modified, in addition to the requirements provided herein. Facilities subject to the requirements of this section are oil and gas wellsites, tank batteries, compressor stations, pits/ponds, below-grade tanks and dehydration units. To the extent the requirements of Rule 609 and the requirements provided herein are in conflict, Operator will comply with the stricter standard.
a. Criteria and Protocol: Using the Commission’s criteria and protocol for sample analyses, types, orientation, and number, Operator will test up to your available water sources within a one half (1/2) mile radius of a new oil and gas facility.
b. No available water sources within one half mile: If there are no available water sources located within a 1/2 mile radius of a new oil and gas facility, the Operator will test the nearest downgradient available water source that is within a one-mile of the oil and gas facility.
c. Private Water Well Owner Request. Operator agrees to conduct a baseline test of any water well requested by the owner, on a one-time basis, if such well is within a 1/2 mile radius of a new oil and gas well or facility, or if such well is determined to be the closest downgradient well that is within a one-mile radius of the oil and gas facility. The requirement to test a well upon request does not apply if the water well has already been tested by any Operator. |
| Material Handling and Spill Prevention | Form: (02A )
400660080
10/5/2014 | 7. Spill and Release Management. Any spill or release that is reportable to the Commission shall be simultaneously reported to the County. |
| Construction | Form: (02A )
400660080
10/5/2014 | 16. Lighting. All permanent lighting of oil and gas well sites shall be directed downward and internally. Temporary lighting shall conform to the Commission’s Rules and Regulations. |
| Noise mitigation | Form: (02A )
400660080
10/5/2014 | 9. Noise. Operator shall provide and post 24-hour, 7 days per week contact information to deal with all noise complaints arising from Operator’s oil and gas facilities. |
| Drilling/Completion Operations | Form: (02A )
400660080
10/5/2014 | a. Preferred Option: It is the intent of the County that operators utilize closed-loop or modified closed-loop systems for drilling and completion operations in order to minimize or eliminate the need for earthen pits; however, notwithstanding the foregoing, where appropriate, and subject to prior County approval, the County generally supports: 1) the use of unlined drilling pits when bentonite or a similar clay additive is used during the drilling process, and 2) the use of lined single- or multi-well water storage pits in order to minimize the transport of water and promote recycling, subject to the requirements set forth in this subsection. Permitted modified closed-loop systems include oil and gas wells where air or fresh water is used to drill through the surface casing interval, defined as fifty (50) feet below the depth of the deepest aquifer, and a closed loop system is used for the remainder of the drilling and/or completion or recompletion procedures. Multi-well pits are defined as lined, engineered pits, constructed over an engineered base, with construction or liner specifications meeting or exceeding Commission pit lining rules, that will serve the functions of drilling, completion, and/or flowback pits for more than one well.
c. Additional Pits that Require County Review and Approval: Skimming, settling, percolation, evaporation, and any type of netted pits are generally discouraged by the County; however such pits may be approved on a case-by-case basis through the Use by Special Review ("USR") process. A copy of the Pit Plan submitted to the Commission will be provided to the County at the same time as the plans are submitted to the Commission. Construction of these pits will be preceded by collection of “baseline” soil samples from the center of the planned pit at 6 and 18 inches depth. Soil samples will be analyzed for pH, Sodium Adsorption Ratio (SAR), and Electrical Conductivity (EC). The Operator shall stake and photograph from the center of the planned pit (toward north, south, east, and west directions) for inclusion in the County’s copy of the Pit Plan. Upon closure of these pits, pH, SAR, EC, BTEX (Benzene, Toluene, Ethylbenzene, and Xylenes), and TEPH (total extractable petroleum hydrocarbons) analyses may be required if there is evidence of leaks or spills in the immediate area of the pits.
d. Pits That Do Not Require County Approval: Flare, Emergency, Plugging, and Workover pits will not require county review or approval prior to construction (unless within 1/4 mile of a residence as set forth below); however, the County will be copied on the notification(s) sent to the Commission and any pit plans, remediation plans, or analytical results submitted to the Commission.
e. Pit Setbacks: All pit construction within ¼ mile of a residence
or water well is generally discouraged by the County and may have additional County requirements, such as fencing. Such pits will be reviewed on a case-by-case basis by the County.
f. Multi-Well Pits: In addition to any requirements stated above, multi-well pits will be lined per the Commission’s lining standards. If a multi-well pit is planned for use over a 2-year or greater period, the pit will be double-lined with leak detection. Fluids stored in multi-well pits will be circulated through a four-phase separator or an API-approved settling tank or similar equipment prior to such fluids entering the pit, specifically designed to remove solids and reduce hydrocarbon content and emissions. Retention time in a settling tank and the volume of the tank must be sufficient to separate out any floating, dissolved, or emulsified hydrocarbon phases. Lined multi-well pits may be inspected and/or reviewed on an as-needed basis, over the life of the pit, to determine if the water to be stored in the pit or already stored in the pit meets the definition of fresh water or brine water. Upon closure of the pit, the Operator will ensure the protection of the public health and environment by following all Commission pit closure rules, including collecting analytical data to ensure compliance with state standards. As long as the pit is open and containing fluid, a representative water sample shall be taken from the surface of the pit every six months. Additional requirements, such as fencing, may be required by the County, pre- or post-construction, if such a pit is determined by the County to be adversely impacting residences, water wells, or wildlife habitats and migrations.
g. Technological Advances: The County may require additional measures, if new technological methods for pit construction or maintenance are developed pre- or post-construction and such methods are technologically sound, economically practical, and reasonably available to the Operator.
5. Water Supply and Quality. In an effort to reduce truck traffic, where feasible, the Operator will identify a water source lawfully available for industrial use, including oil and gas development, close to the facility location, to be utilized by Operator and its suppliers. Operator will comply with the Colorado Department of Public Health and
Environment requirements concerning water quality. Where feasible, temporary surface water lines are encouraged and will be utilized. Operator may be permitted to utilize County Road Right-of-Way, and County drainage culverts, where practical, for the laying and operation of temporary water lines on the surface. If necessary, operator will bury temporary water lines at existing driveway and gravel road crossings, or utilize existing culverts, if available. |
| Drilling/Completion Operations | Form: (02A )
400660080
10/5/2014 | b. Water Storage Pits to Contain Fresh Water or Brine Water: Water stored in pits approved by the County and allowed under Commission Rules, must meet the definition of fresh water or brine water, except for water stored in pits listed in 2c below. Fresh water is defined as containing total dissolved solids (TDS) less than or equal to 5,000 milligrams/liter (mg/l). Brine water is defined as water produced from an oil and/or gas well with TDS of greater than 5,000 mg/l. The Operator is required to remove all free and visible oil within 24 hours of discovery. Upon closure of the pit, the Operator will ensure the protection of the public health and environment by following all Commission pit closure rules, including collecting analytical data to ensure compliance with state standards. As long as the pit is open and containing fluid, a representative water sample shall be taken every six months from the surface of the pit fluids, the first sample to be taken within 6 months of the pit becoming operational. Water quality data will also include an analysis of Sodium Adsorption Ratio (SAR). The County will review water quality data provided by the Operator every six (6) months. TDS, pH, and specific conductance can be measured with a field meter. TEPH (total extractable petroleum hydrocarbons), BTEX (Benzene, Toluene, Ethylbenzene, and Xylenes), and SAR will be analyzed by an accredited laboratory. If the presence of TEPH and/or BTEX is indicated after County review and/or inspection, other water quality analyses may be required by the County.
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| Interim Reclamation | Form: (02A )
400660080
10/5/2014 | 8. Weed Control and Management. Operator will be responsible for noxious weed control on any well pad, facility, or disturbed area, from the drilling or installation phase to the closure of the well or facility. |
| Storm Water/Erosion Control | Form: (02A )
402289836
1/11/2021 | Operator has installed stormwater controls around the perimeter of the location prior to construction that includes a ditch and berm system and a sediment basin. They will remain in place through final reclamation. |
| Material Handling and Spill Prevention | Form: (02A )
402289836
1/11/2021 | Secondary Containment
All facilities have been equipped with remote monitoring and remote shut down, which includes isolation at the well head. Engineered liner systems have been used in secondary steel containment systems for tank batteries. Pollution control containers (spill boxes) are used on truck loading lines and placed within the limits of the secondary containment system. Automatic shutdown level devices have been installed on each tank with remote monitoring capabilities. Automatic shutdown level devices have been installed on all pressure vessels and liquid knockouts. Automatic shutdown pressure devices have been installed on flowlines from well heads to facilities with remote monitoring capabilities. Additionally, cathodic protection has been used on buried steel lines to mitigate corrosion. Automatic shutdown pressure devices have been installed on process vessels with remote monitoring capabilities. |
| Dust control | Form: (02A )
402289836
1/11/2021 | Dust associated with Site activities and traffic on roads will be minimized by application of fresh water to roads and dirt surfaces, curtailment of work during windy conditions, and re-establishment of vegetation on disturbed areas that are not graveled. |
| Noise mitigation | Form: (02A )
402289836
1/11/2021 | Based upon modeled receptor locations, the Tiberius 4-64 8 4H wellsite is predicted to comply with the A-weighted and C-weighted COGCC noise limits. |
| Emissions mitigation | Form: (02A )
402289836
1/11/2021 | Emissions mitigation
Emission control devices (vapor recovery tower, vapor recovery unit, VOC combustor, and a flare) are in place at the location and will be used during the entire production phase to eliminate fugitive emissions in the event of maintenance or emergency use. The devices are fired using natural gas and operate with a 98% or higher hydrocarbon destruction efficiency. The devices are designed and operated in a manner that will ensure no visible emissions during normal operation.
Test separators and associated flow lines, sand traps and emission control systems shall behave been installed on-site to accommodate green completions techniques. When commercial quantities of salable quality gas are achieved at each well, the gas shall be immediately directed to a sales line or shut in and conserved. If a sales line is unavailable or other conditions prevent placing the gas into a sales line, Operator shall not produce the wells without an approved variance per Rule 805.b.(3)C. |
| Odor mitigation | Form: (02A )
402289836
1/11/2021 | Operator will mitigate odors by routing to closed loop systems to the maximum extent practicable. If Operator receives complaints from a Residential Building within 1,320 feet from the site, Operator will take measures to mitigate the odor within 24 hours, based on the specific circumstances. |
| Drilling/Completion Operations | Form: (02A )
402289836
1/11/2021 | Lighting is only used during the Drilling and Completion Phases of operations. No permanent lighting will be installed. All lighting used will be situated so that is downcast and does not shine beyond the boundary of the oil and gas operations area. |