135-36 OGMP—Protection of surface quality

Sec. 135-36. OGMP—Protection of surface quality.

(1) Purpose. The purpose of this section is to provide surface quality regulations for midstream facilities.

(2) Operator shall use gathering lines and off-location produced water flowlines to be built in accordance with specifications set forth in Section 135-38 of this Oil and Gas Manual. Operator will utilize gathering lines and off-location produced water flowlines once gathering operations commence. The operator's obligation to build and utilize such gathering lines and off-location produced water flowlines is subject to the operator obtaining all necessary rights-of-way, crossings, licenses, and easements, and the city issuing operator the necessary public improvement permits. Operator must obtain public improvement permits for work impacting city right-of-way.

(1) General. If any part of a CGF or compressor station is located within 1,500 feet of a platted residential lot, arterial or collector street frontage, a platted lot line containing either a building unit or a high occupancy building unit, or a park, open space, reservoir, or golf course, the CGF or compressor station shall be landscaped, unless prohibited due to safety reasons. If required, operator shall submit a landscape and screening plan to mitigate visual impacts from the CGF and compressor station during the OGMP review process.

(2) Visual impacts from the CGF, compressor station, and associated facilities, including security fencing, shall be mitigated through a combination of equipment enclosures, structures or preengineered buildings, landscaping, opaque fencing, or other similar measures from the public right-of-way and critical public views. Natural screens shall be used in the facility design to the maximum extent practicable. Critical public views are defined as views from existing adjacent surface property owners as of the date of the OGMP application. Visual mitigation may be reduced or waived if written approval is provided by the adjacent surface property owners, and the city determines that the reduction or waiver is not visible from the public right-of-way or impairs critical public views. Operator will not use color cladded, welded wire, chain link, Omega or similar welded wire to meet screening requirements.

(3) Color. All permanent aboveground associated production equipment, structures, and stationary equipment of each oil and gas midstream facility shall be painted in a tan or brown matte finish unless a different color is necessary for safety per regulations.

(1) Transportation and circulation. The operator will submit a traffic management plan that includes detailed descriptions of all proposed haul routes for equipment, pipe, and all other material to be hauled on the public and private streets and roads during pipeline and facility construction. The traffic management plan shall include the following:

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

b. Detail of access locations for each oil and gas midstream location, including sight distance, turning radius of vehicles, and a template indicating this is feasible.

c. Truck traffic volumes converted to equivalent single axle loads and compared with existing volumes. Trucks anticipated on roadways that are being accessed to equivalent single axle loads using existing volumes and proposed with extraction activities.

d. Truck routing map and truck turning radius templates with a listing of required improvements that are necessary at intersections along the route.

e. Complete traffic letter, determining operational changes and geometric modifications necessary as a result of operator's activities.

f. Identification of the need for any additional traffic lanes, which would be subject to the final approval of the city's engineer.

g. Restriction of nonessential traffic to and from oil and gas midstream facilities to periods outside of peak a.m. and p.m. traffic periods and during school hours of schools along the designated traffic routes (generally 7:00 to 9:00 a.m. and 3:00 to 6:00 p.m.).

h. City may request consolidated haul routes and roadway improvements or upgrades based on the contents of the traffic management plan.

i. Road repairs will be addressed as set forth in the road maintenance agreement. A separate road maintenance agreement shall be required for operator.

(1) Access roads. Access points to public roads shall be located, improved, and maintained to ensure adequate capacity for efficient movement of existing and projected traffic volumes and to minimize traffic hazards.

a. Permanent access roads must be improved a minimum distance of 200 feet on the access road from the point of connection to a public road. All access roads shall be in conformance with the city's Roadway Specification Manual applicable at the time of OGMP application for the oil and gas midstream location. The access road must be improved as a hard surface (concrete or asphalt) for the first 100 feet from the public road, unless the public road is not already a hard surface, in which case, operator shall meet the current standards of the public road and the access road must be improved as a crushed surface (concrete or asphalt) for 100 feet past the hard surface in the appropriate depth to support the weight load requirements of the vehicles accessing the oil and gas midstream location.

b. A geotechnical report and pavement design will be submitted to the city for approval. If an access road intersects with a pedestrian trail or walk, the operator must pave the access road as a hard surface (concrete or asphalt) a distance of 100 feet on either side of the trail or walk and if necessary, replace the trail or walk to address the weight load requirements of the vehicles accessing the oil and gas midstream location unless the trail or walk is not already a hard surface, in which case, operator shall meet the current standards of the trail or walk. Temporary access roads associated with the operation must be reclaimed and revegetated to the original state within 60 days after discontinued use of the temporary access roads.

c. For the CGF and compressor station, all required roadways for the project shall be evaluated and included in a public improvement plan.

d. Temporary access roads associated with the operation shall have initial seeding and mulching begun within 60 days after discontinued use of the temporary access roads.

(2) Mud tracking. In accordance with the stormwater management plan, the operator shall take all practicable measures to ensure that vehicles do not track mud or debris onto city streets. If mud or debris is nonetheless deposited on city streets, in excess of de minimus levels, the streets shall be cleaned within 24 hours by the operator. If, for some reason, this cannot be done or needs to be postponed, the city shall be notified of the operator's plan for mud removal.

(3) Culverts. Operator shall construct all necessary culverts for road construction per any available city or county, as applicable, drainage plan. In the event no information is available, the operator shall complete any necessary studies or analysis to determine the appropriate culvert size.

(4) Road repairs. Road repairs will be addressed as set forth in the road maintenance agreement.

(1) Oil and gas midstream locations and oil and gas midstream facilities shall be constructed in a manner to minimize the removal of and damage to and replacement of existing trees in accordance with the city's tree mitigation policy.

(1) General. The operator shall comply with the City Code, as amended, by not causing any construction, alteration, removal, or demolition of a building or feature or make any changes that would impair the historical association of the landmark building, landmark site, or historic district, pursuant to those qualities depicted in the City Code, without first obtaining approval. Operator will submit the permit application and await the oil and gas division's approval following referral to the historic preservation commission, if applicable. If there is a discovery of historical artifacts, operator will notify the city.

(2) Protection of natural, historical, and archaeological resources. The nature and location of an oil and gas midstream location or oil and gas midstream facility shall not interfere with or affect any unique natural resource, historical site or landmark, or known archaeological site.

(1) This regulation is only applicable if an oil and gas midstream location is located in a significant wildlife habitat or high priority habitat, as defined by the Colorado Parks and Wildlife, and/or in a natural area or open space. In such a case, the operator shall consult with the Colorado Parks and Wildlife or the city parks, recreation, and open space department to obtain recommendations for appropriate site-specific and cumulative impact mitigation procedures. If not applicable, operator shall provide the city with a statement that it has investigated whether the facility is located near a significant wildlife habitat and that this regulation is not applicable.

(1) Any buildings or structures must meet the design standards contained in the City Code. All site features shall be integrated into the building or site design.

(1) All construction-related debris shall be removed from the oil and gas midstream location for proper disposal in a timely manner. The oil and gas midstream locations shall be maintained free of debris and excess materials at all times during operation. Operator shall not stockpile debris at the oil and gas midstream location or oil and gas midstream facilities.

(1) A construction trailer(s) is permitted as an accessory use during construction only. No permanent residential trailers shall be permitted at the oil and gas midstream location; provided, however, that until six months following the end of the construction phase of the oil and gas midstream facilities, temporary residential and/or security trailers are permitted, as needed for on-site operations, for exclusive use by the operator's personnel and the personnel of its subcontractors on a temporary basis.

(1) The operator shall be responsible for ongoing noxious weed control as defined under the Colorado Noxious Weed Act (C.R.S. 35-5.5-101 et seq.) at the CGF, compressor station, associated facilities, along access roads, and in disturbed areas under restoration as a result of related construction activities or operations per city or other applicable agency regulations.

(1) The oil and gas midstream location shall be sited a minimum of 350 feet away from existing and proposed parks and open space areas. This distance shall be measured from the perimeter of the oil and gas midstream location. For gathering lines and off-location produced water flowlines that pass within 350 feet of a park or open space area, a mitigation plan which identifies measures to be taken to mitigate impacts to parks and open space areas shall be submitted to the city.

(1) Interim reclamation. Operator must submit an oil and gas midstream facility interim reclamation plan to the city with each OGMP to address reclamation and revegetation, which will occur directly following completion of construction.

(2) Final reclamation plan. Operator must submit a final oil and gas midstream facility reclamation plan to the city to decommission any oil and gas midstream facility.

(1) The initial cost of installing the gathering line and off-location produced water flowline and of maintaining such easements shall be borne by the operator. If operator relocates an access road, gathering line, or off-location produced water flowline, causing damage to improvements owned by the city, the operator shall repair the damage pursuant to the appropriate permit. If operator fails to make the necessary repairs, operator shall promptly reimburse the city for such damage upon receipt of a reasonable itemized statement that documents the cost to repair the damage; provided, that such reimbursement shall be received by the city no later than 45 calendar days from the date of the itemized statement. Notwithstanding the foregoing, nothing in this subsection prevents an independent developer from seeking an agreement with operator to relocate gathering lines and off-location produced water flowlines. If a relocation of the gathering line and off-location produced water flowline is needed, the city and the operator will work cooperatively to identify an alternative route, and operator shall be permitted to maintain use of the existing gathering line and off-location produced water flowline until six months after the city's approval of any necessary permits for such alternative routes. (Ord. No. 2021-15, § 14, 6-14-2021)