135-6 Protection of surface quality

Sec. 135-6. Protection of surface quality.

(1) Operator shall use flowlines or crude oil transfer lines to be built in accordance with specifications set forth in section 135-38. Operator will utilize flowlines or crude oil transfer lines once operations commence. The operator's obligation to build and utilize such flowlines or crude oil transfer lines 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.

(1) Low profile equipment. Operator will use low profile equipment, such as low-profile tanks, associated production equipment, and combustion devices. No tanks shall exceed 20 feet in height.

(2) Fencing. Permanent opaque fencing shall be installed around production equipment and shall be secured. Operator will not use color cladded, welded wire, chain link, Omega or similar welded wire to meet screening requirements.

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

a. An oil and gas location shall be located away from prominent natural features such as distinctive rock and landforms, vegetative patterns, river crossings, land in the Parks and Open Space (POS) zone district, and other designated landmarks.

b. An oil and gas location shall be located to avoid hilltops and ridges to prevent the appearance of pump jack and accessory equipment profiles on the horizon.

c. The operator shall locate facilities at the base of slopes to provide a background of topography and natural cover.

d. The operator shall align access roads to follow existing grades and minimize cuts and fills.

(1) Transportation and circulation. The operator will submit a traffic management plan for the city to review during the OGP application review process that includes detailed descriptions of all proposed haul routes for equipment, water, sand, waste fluids, waste solids, mixed waste, and all other material to be hauled on the public and private streets and roads during phased well development and operations. 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 the oil and gas location, including sight distance, turning radius of vehicles, and a template indicating this is feasible, turning volumes in and out of the oil and gas location for an average day, and what to expect during peak hours.

c. Estimated truck traffic volumes converted to equivalent single axle loads and compared to existing volumes.

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 engineer.

g. Restriction of nonessential traffic to and from the oil and gas location 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 contents of the traffic management plan and/or weight of vehicles to be covered in a road maintenance agreement during the OGP review process.

(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 shall be improved a minimum distance of 200 feet onto the access road from the point of connection to a public road. All access roads shall be in conformance with the city's current Roadway Specification Manual. The access road shall be improved as a hard surface (concrete or asphalt) for the first 100 feet from the public road and then 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 location. 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 shall 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 location.

b. Temporary access roads associated with the operation shall be reclaimed and revegetated to the original state within 60 days after discontinued use of the temporary access roads.

(2) Mud tracking. In accordance with the stormwater management plan (SWMP), 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 immediately by the operator. If, for some reason, this cannot be done or needs to be postponed, the operator shall notify the city of its plan for mud removal.

(3) Chains. Traction chains from heavy equipment shall be removed from all operator vehicles before entering a city street.

(4) 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.

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

(1) If any part of an oil and gas location 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 oil and gas location shall be landscaped. If required, operator shall submit a landscape plan during the oil and gas location OGP application review process.

(2) The operator shall be responsible for installing the required landscaping unless they have a surface use agreement that transfers the responsibility to the landowner. Required landscape screening and buffering includes all of the following:

a. An earthen berm located around the perimeter of the fence and planted with turf grass or appropriate ground cover material.

b. Installation of ground covers, trees, and shrubs for screening and aesthetic purposes. The buffer shall be at least 25 feet wide and planted with one tree and five shrubs for each 25 linear feet of buffer. At least 50 percent of the trees shall be evergreen species.

c. Natural screens shall be used in the facility design to the maximum extent practicable.

(3) Operator shall also implement the landscape plan when new development is constructed within 1,500 feet of an oil and gas location once access to city main water source is available.

(1) The oil and gas location, flowline, and crude oil transfer line should be constructed in a manner that minimizes the removal of and damage to existing trees in accordance with the city's tree mitigation ordinance.

(1) General. The operator shall comply with the City Code, as amended, by not causing to be carried out 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 location shall not unreasonably 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 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 oil and gas location 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.

(2) Operator shall place a note on site plan elevation sheets, stating: "Operator certifies that all structures are in compliance with 8 Colorado Code Regulations 1302-14 regarding placarding and certification of nonresidential modular or factory-built structures."

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

(1) All equipment used for drilling, recompletion, and maintenance of the facility shall be removed from the oil and gas location within 30 calendar days of completion of the work, weather conditions permitting, unless otherwise agreed to by the applicable surface owner, and in compliance with City Code. Permanent storage of removable equipment on the oil and gas location shall not be allowed.

(1) A construction trailer(s) is permitted as an accessory use during active drilling and well completion or workover operations only. No permanent residential trailers shall be permitted at the oil and gas location; provided, however, that until six months following the end of the completion phase on an oil and gas location, 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 oil and gas location, 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 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 location. For flowlines and crude oil transfer lines 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 location interim reclamation plan to the city with each OGP application.

(2) Final reclamation plan. Operator must submit a final oil and gas location reclamation plan to the city concurrently with the submission of the COGCC application to plug and abandon the last well at the oil and gas location.

(3) Decommissioning of flowlines and crude oil transfer lines. Once the nonwater pipelines are no longer in use, they shall be properly abandoned as required by applicable COGCC, PUC or PHMSA rules and regulations. (Ord. No. 2021-15, § 6, 6-14-2021)