| Planning | Form: (02A ) 401085512 9/26/2016 | 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).
Fencing: A fencing plan will be determined with surface owner input.
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. |
| Traffic control | Form: (02A ) 401085512 9/26/2016 | 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.
Public Roads: 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. |
| Material Handling and Spill Prevention | Form: (02A ) 401085512 9/26/2016 | Spill and release management: any spill or release that is reportable to the commission shall be simultaneously reported to the county. |
| Construction | Form: (02A ) 401085512 9/26/2016 | Berm Construction: Tank berms will be constructed of steel rings with a synthetic or engineered liner and designed to contain 150% of the capacity of the largest tank. Secondary containment devices will be sufficiently impervious to contain any spilled or released material. 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.
Construction: Operator will provide notice to COGCC 48 hours prior to commencing construction of this Oil and Gas Location via Form 42.
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.
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. |
| Construction | Form: (02A ) 401085512 9/26/2016 | COGCC MLVT BMPs
• Operator has an MLVT Design Package, certified and sealed by a licensed professional engineer, which is on file in their office and available upon request.
• The MLVT will be at least 75 feet from a wellhead, fired vessel, heater-treater, or a compressor with a rating of 200 horsepower or more. It will be placed at least 50 feet from a separator, well test unit, or other non-fired equipment.
• All liner seams will be welded and tested in accordance with applicable ASTM International standards.
• Operator will be present during initial filling of the MLVT and the contractor will supervise and inspect the MLVT for leaks during filling.
• Operator will comply with the testing and reinspection requirements and associated written standard operating procedures (SOP) listed on the design package.
• Signs will be posted on the MLVT indicating that the contents are freshwater.
• The MLVT will be operated with a minimum of 1 foot of freeboard at all times.
• Access to the MLVT will be limited to operational personnel and authorized regulatory agency personnel.
• Operator or contractor will conduct daily visual inspections of the exterior wall and surrounding area for integrity deficiencies.
• Operator has developed a contingency plan/emergency response plan associated with the MLVT and it is on file at their office.
• Construction: Operator acknowledges and will comply with the Colorado Oil & Gas Conservation Commission Policy on the Use of Modular Large Volume Tanks in Colorado dated June 13, 2014. |
| Noise mitigation | Form: (02A ) 401085512 9/26/2016 | 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. |
| Emissions mitigation | Form: (02A ) 401085512 9/26/2016 | Green Completions - Emission Control Systems: Test separators and associated flow lines and sand traps shall be installed on-site to accommodate green completions techniques pursuant to COGCC Rules where reservoir pressure, formation productivity, and wellbore conditions are likely to enable the well to be capable of naturally flowing hydrocarbon gas in flammable or greater concentrations at a stabilized rate in excess of five hundred (500) MCFD to the surface against an induced surface backpressure of five hundred (500) psig or sales line pressure, whichever is greater. In the absence of a viable gas sales line, the flowback gas shall be thermally oxidized in an emissions control device (ECD), which will be installed and kept in operable condition for least the first 90-days of production pursuant to CDPHE rules. This ECD shall have an adequate capacity for 1.5 times the largest flowback within a 10 mile radius, will be flanged to route gas to other or permanent oxidizing equipment and shall be provided with the equipment needed to maintain combustions where non-combustible gases are present. All salable quality gas shall be directed to the sales line as soon as practicable or shut in and conserved. |
| Odor mitigation | Form: (02A ) 401085512 9/26/2016 | Odors and Dust: Oil & gas facilities and equipment shall be operated in such a manner that odors and dust do not constitute a nuisance or hazard to public welfare. |
| Drilling/Completion Operations | Form: (02A ) 401085512 9/26/2016 | 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. |
| Interim Reclamation | Form: (02A ) 401085512 9/26/2016 | 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. |
| Final Reclamation | Form: (02A ) 401085512 9/26/2016 | Within 90 days subsequent to the time of plugging and abandonment of the entire site, superfluous debris and equipment shall be removed fromt the site. Operator shall restore the surface of the land affected by such terminated operations as near as possible to the previous state that existed prior to operations. |
| General Housekeeping | Form: (02A ) 401191735 8/18/2017 | Visual Impacts: All long term facility structures will be painted a color that enables the facilities to blend in with the natural background color of the landscape, as seen from a viewing distance and location typically used by the public.
Maintain appearance with garbage clean-up; a trash bin will be located on site to accumulate waste by the personnel drilling the wells. Site will have unused equipment, trash and junk removed immediately. |
| Storm Water/Erosion Control | Form: (02A ) 401191735 8/18/2017 | Implement and maintain BMPs to control stormwater runoff in a manner that minimizes erosion, transport of sediment offsite, and site degradation. Co-locate gas and water gathering lines whenever feasible, and mitigate any erosion problems that arise due to the construction of any pipeline(s). |
| Dust control | Form: (02A ) 401191735 8/18/2017 | Operator shall employ practices for control of fugitive dust caused by their operations. Such practices shall include but are not limited to the use of speed restrictions, regular road maintenance, restriction of construction activity during high- wind days, and silica dust controls when handling sand used in hydraulic fracturing operations. Additional management practices such as road surfacing, wind breaks and barriers may be used. |
| Construction | Form: (02A ) 401191735 8/18/2017 | Permanent lighting will be installed around the facility to allow both the operator and haulers to conduct safe operations at night. All lights will be directed down toward the location or shielded so no light pollution leaves the facility. |
| Odor mitigation | Form: (02A ) 401191735 8/18/2017 | Oil & gas facilities and equipment shall be operated in such a manner that odors and dust do not constitute a nuisance or hazard to public welfare. Operator is in the process of implementing a new base fluid for Oil Base Mud systems. The aromatics and BTEX concentrations are much less than that of generic diesel. With these two things being the major contributors to the odor from diesel, this should lead to less odor at the drill site caused by OBM. |
| Drilling/Completion Operations | Form: (02A ) 401191735 8/18/2017 | Anti-collision: Operator will perform an anti-collision evaluation of all active (producing, shut in, or temporarily abandoned) offset wellbores that have the potential of being within 150 feet of a proposed well prior to drilling operations for the proposed well. Notice shall be given to all offset operators prior to drilling. |
| Drilling/Completion Operations | Form: (02A ) 401191735 8/18/2017 | Operator has an MLVT Design Package, certified and sealed by a licensed professional engineer, which is on file in their office and available upon request. The site shall be prepared in accordance with the specifications of the design package prior to tank installation; including ensuring that proper compaction requirements have been met.
The MLVT will be at least 75 feet from a wellhead, fired vessel, heater-treater, or a compressor with a rating of 200 horsepower or more. It will be placed at least 50 feet from a separator, well test unit, or other non-fired equipment.
All liner seams will be welded and tested in accordance with applicable ASTM International standards.
Operator will be present during initial filling of the MLVT and the contractor will supervise and inspect the MLVT for leaks during filling.
Operator will comply with the testing and re-inspection requirements and associated written standard operating procedures (SOP) listed on the design package.
Signs will be posted on the MLVT indicating that the contents are freshwater.
The MLVT will be operated with a minimum of 1 foot of freeboard at all times.
Access to the MLVT will be limited to operational personnel and authorized regulatory agency personnel.
Operator or contractor will conduct daily visual inspections of the exterior wall and surrounding area for integrity deficiencies.
Operator has developed a contingency plan/emergency response plan associated with the MLVT and it is on file at their office.
A fabric reinforced liner will be utilized. In the event that a tank breach were to occur, the fabric reinforced liner will prevent a “zippering” failure from occurring. The liner will meet the specifications per the design package.
Operator acknowledges and will comply with the Colorado Oil & Gas Conservation Commission Policy on the Use of Modular Large Volume Tanks in Colorado dated June 13, 2014.
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| Interim Reclamation | Form: (02A ) 401191735 8/18/2017 | Operator shall be responsible for segregating the topsoil, backfilling, re-compacting, reseeding, and re-contouring the surface of any disturbed area so as not to interfere with Owner’s operations and shall reclaim such area to be returned to pre-existing conditions as best as possible with control of all noxious weeds. |