Oil and Gas Development: Land Use Considerations. Planning Commission January 14, 2014

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Oil and Gas Development: Land Use Considerations Planning Commission January 14, 2014

Working numbers 431 active wells All require Use by Special Review Equals about 800 ac (1.3 sq miles) surface (2.7%) 1,221 within city + LREGA 259 inactive wells Includes 161 abandoned & 55 plugged/abandoned Generally clustered multiple wells at each site

New jobs create demand for housing Higher salary helps increase per capita and median household income New Noble Energy Schneider Energy offices creating 300-400 new jobs Weld County over 20,000 wells 40+% Weld operating revenue Greeley FY Tax revenue 2005 505,712 2006 441,280 2007 314,537 2008 599,446 2009 1,611,013 2010 450,831

2012 Realized Revenues to City of Greeley due to oil/gas: Mineral royalty payments (city property) $230,000 Leasehold Payments 4,000 Sales & use tax receipts 180,000 Property tax 690,000 Severance tax 1,400,000 Federal mineral lease distribution 687,000 TOTAL 2012 direct revenue to City 3,191,000

Assumptions: 250 Horizontal Wells over 10 years in Greeley Area Well Cost: $5M per well Total Capital Expense: $1.25 Billion Royalties from Production (Lifetime approximately 20-25 years) University of Northern Colorado $ 22 Million Greeley Evans School District #6 $ 21.6 Million Aims Community College* $ 21.5 Million City of Greeley $ 27 Million Private Owners (Res & Business) $808 Million Total Projected Royalties $900.1 Million Taxes (Lifetime approximately 20-25 years) Sales Tax (Greeley) $ 11.25 Million Sales Tax (State of Colorado) $ 9.06 Million Ad valorem Tax (on minerals) $360 Million Severance Tax (State collected/distributed) $ 45 Million Conservation Tax (COGCC collected) $ 4.2 Million Total Projected Taxes $429.5 Million Employment/Jobs Primary Industry Jobs: 300

Greeley Long-Range Growth Area

How does oil and gas mineral extraction take place? Overview at http://www.northernoil.com/drilling-video

Bottom Hole Drill

Land use process Trained for all types of land use scenarios Regulations start with the general, go to specific Zoning, subdivision, site planning Public education process Oil and gas mineral extraction process Resource page on website www.greeleygov.com/oilandgas

Mineral extraction is exercising a private property right Mineral rights may or may not be severed from the surface property right Operations are regulated by the state Basic land & surface regulation is relegated to local government Handled in context of broader land use controls

Site

Considerations during the early site planning process

Colorado law sets rules for downhole spacing of wells Surface locations are different if drilling comes before vs. after surface development Spacing can change with a mutual Surface Use Agreement If drilling (or potential drilling) comes BEFORE development, then Subdivision plats accommodate drilling windows (or Surface Use Agreement) Or, if no objection from mineral owners, plat as desired

Notice must be provided to mineral owners at least 30 days prior to platting/surface development decisions (i.e., zoning, preliminary plan, USR) Key addition to state law to ensure mineral owners are notified of surface plans

If drilling comes AFTER surface development in the area, then Drilling facility must meet 500 setback (set by the State), OR per variance criteria set by State statutes Some other setback might be allowed by local regulations

Greeley oil & gas setbacks 150 from roads, trails, railroads, and low-density areas 200 from occupied buildings ( high-density ) 350 from educational, hospital, etc. ( highdensity ) Option for less (blast wall, etc.)

Vertical Wells Directional Wells

COGCC setback to 500 on August 1 Other COGCC considerations: Mitigation of impacts Downhole monitoring Coordination with state/fed (water/air) Surface monitoring (drill setup, noise) Chemical tracking/records management

Chapter 18.56, Oil & Gas Operations USR 18.20.070 Comp Plan Compatible with surrounding land uses Site physically suitable Traffic flow/parking Cumulative effect of USRs in area

Typical Tanks Typical Separators Typical Wellheads

2

Standard tanks, industrial setting, battery of tanks & separators on group directional drill installation Low profile tanks, landscaping

Effects & opportunities from directional / horizontal Leap-frog concerns Doubling setbacks (4.5 ac 18 ac) Conceptually, if no development within 500 of existing wells, 1/3 of future would be unbuildable

Fracking impact on water quality Quantity of water used in fracking Disposal of fracking waste water Composition/environmental aspects of drilling fluids Forced pooling arrangements Noise, traffic, air quality for adjacent properties Sub-surface degradation/impact on surface uses

Memorandum of Understanding is a statement of intent Both parties acknowledge each others role (read: jurisdiction) in regard to matters of joint interest (read: regulation of oil/gas) Level of State deferral

Local control on matters that are not state interest Colorado Supreme Court ruling in 1992 Traditional function of local land use control Matters of State interest vs. matters of local Not always easy to discern A matter of administration Working with mutual understanding & trust (through an MOU) creates better outcome

Commitment to communication & coordination Recognize respective authorities Of city: local land use code, including design & development standards Harmonize such regulations COGCC will defer to City, where existing plans

Staff research No conclusions Outreach plans for 2014 City Manager work program: Convene a Community Dialogue Regarding Oil and Gas Land Use

Brad Mueller Director, Community Development Dept. City of Greeley brad.mueller@greeleygov.com 970-350-9786 Questions?

Assessed Valuation Tax Receipts