MINUTES OF THE ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS TUESDAY, AUGUST 28, 2018

Transcription

1 MINUTES OF THE ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS TUESDAY, AUGUST 28, 2018 At a public meeting of the Board of County Commissioners for Arapahoe County, State of Colorado, held at E. Quincy Avenue, Aurora, CO, there were: Jeff Baker, Chair Commissioner District 3 Present Kathleen Conti, Chair Pro-Tem Commissioner District 1 Present Nancy Sharpe Commissioner District 2 Present Nancy Jackson Commissioner District 4 Present Bill Holen Commissioner District 5 Present Ron Carl County Attorney Present Matt Crane Clerk to the Board Absent and Excused Joleen Sanchez Asst. Clerk to the Board Present when the following proceedings, among others, were had and done, to-wit: CALL TO ORDER Commissioner Baker called the meeting to order. He read the guidelines for this hearing into the record. INTRODUCTIONS ROLL CALL PLEDGE OF ALLEGIANCE MODIFICATION(S) TO THE AGENDA There were no modifications to the agenda. ADOPTION OF THE AGENDA The motion was made by Commissioner Conti and duly seconded by Commissioner Sharpe to adopt the Agenda as presented. BOCC Public Meeting August 28, 2018 Page 1 of 10

2 The motion passed 5-0. CITIZEN COMMENT PERIOD There were no citizen comments on this date. APPROVAL OF THE MINUTES The motion was made by Commissioner Jackson, duly seconded by Commissioner Conti to approve the minutes from the August 7, 2018 public meeting. The motion passed 4-0, Commissioner Sharpe abstained. CEREMONIES There were no ceremonies on this date. CONSENT AGENDA The motion was made by Commissioner Conti, duly seconded by Commissioner Holen to approve the consent agenda as presented. The motion passed 5-0. GENERAL BUSINESS ITEMS 7.a. Resolution No AE Swan # Administrative Energy Facility Use by Special Review Robert Hill, Senior Assistant County Attorney, established jurisdiction for the Board to consider this case. Diane Kocis, Energy Specialist, introduced the case and reviewed a PowerPoint presentation, a copy of which has been retained for the record. She distributed handouts, copies of which have been retained for the record. She described the background of the application, and explained why Bennett Watkins Fire Rescue rescinded its preliminary will-serve letter. She confirmed that future applications for additional wells and tanks would require another administrative Use by Special Review application and another will-serve letter from Bennett-Watkins Fire Rescue. Ms. Kocis stated that staff recommends approval with sixteen conditions, based on findings, which were reviewed. She stated that the conditions of approval are intended to mitigate impacts to public health, safety, and welfare. The conditions of approval were also reviewed. Commissioner Jackson asked what a spacing unit is. Ms. Kocis explained the purpose of a spacing unit. Commissioner Conti asked how the additional emergency routes came to be. Ms. Kocis explained where the egress roads would be. Ms. Kocis explained how residents would get to the southern route and away from the site. BOCC Public Meeting August 28, 2018 Page 2 of 10

3 Commissioner Holen asked what happens in the event of an emergency, as the gate to that road is locked. Caleb Connor, Fire Marshal for Bennett-Watkins Fire Rescue, explained that the property owner wants the road access locked. He explained that the fire department requires emergency access hardware, and it is easy to open the gate. Commissioner Sharpe asked what kind of equipment would be required to put out a fire and whether or not the fire department has that kind of equipment. Mr. Connor explained that the firefighting apparatuses could be on site in six minutes and explained the type of equipment that would be utilized. Commissioner Sharpe asked if he feels the fire department has the equipment necessary to protect the citizens and their homes. Mr. Connor said yes, they can adequately serve the community. Commissioner Conti asked about the timeline for arriving on site and getting the gate unlocked. Mr. Connor said the fire trucks could be on site in six minutes and unlocking the gate takes less than one minute. Mr. Connor stated that the fire district receives regular training and has responded to emergencies at well sites. He added that the fire district also assists with spills. Commissioner Jackson asked when the emergency plan would be complete. Mr. Connor said it is in progress and would be in place by the time the site is active. Commissioner Jackson asked about fire drills. Mr. Connor said neighborhood fire drills are not conducted currently, but the district would support practice drills. There was discussion regarding the wildlife fence. Ms. Kocis explained the proposed undulating berms. Commissioner Jackson asked about flooding. County Engineer Chuck Haskins discussed flood control and said the only concern is the emergency access road that crosses Cardboard Gulch. He stated that the culvert would have to pass the 100-year storm without any overtopping. Max Blair, representing Conoco Phillips, reviewed a PowerPoint presentation, a copy of which has been retained for the record. Commissioner Holen asked for information regarding aquifer pollution. Mr. Blair explained what measures are taken to minimize risk to the aquifer and explained ground water monitoring. Commissioner Holen asked about concerns from the citizens that ConocoPhillips has been able to mitigate. Mr. Blair talked about protecting ground water, and said there are mitigations in place BOCC Public Meeting August 28, 2018 Page 3 of 10

4 to address noise, traffic, dust, lights, etc. He said the applicant intends to proceed with this project with minimal impacts to the neighbors. Commissioner Jackson asked about water. Mr. Blair explained how water would be used on the site to help reduce truck traffic. He also discussed the emergency plan for water. Commissioner Conti asked about noise pollution. Mr. Blair said the staff report includes the study that was done and the decibel levels. Commissioner Sharpe asked how far the tanks would be from the nearest home. Mr. Blair said approximately 1,122 feet. Commissioner Sharpe asked about lightning mitigation. Mr. Blair explained how equipment is grounded. Commissioner Sharpe asked about potential explosions. Mr. Blair said during the drilling process, explosions can happen, but this site has low pressure. Nate Fogg, Arapahoe County Emergency Manager, explained how roads would be used in an emergency. He stated that one road would be used for emergency egress and a different road would be used for emergency response. There was discussion regarding the development of the emergency response plan. There was a 10-minute recess. The meeting was reconvened. The public comment period was opened. Matthew Sura, attorney representing the Watkins Farms HOA, opposed to this application, presented a PowerPoint presentation, a copy of which has been retained for the record. Melissa Walcup Opposed There was discussion regarding the requirements for locations of wells in relation to homes. Commissioner Holen reminded Mr. Sura that the Commissioners are making a decision based on the application presented, which only shows one well. Ken Hougen Supports David Tourtelot Discussed emergency egress roads-no position given Jeff Keener Supports Natalie Berryman Supports BOCC Public Meeting August 28, 2018 Page 4 of 10

5 Craig Burbage Supports Deb Durand Supports Jessica Crespin Supports Polly Page Supports Randall Booth Supports Scott Farkas Supports Darrel Vanhooser Supports Nikki Robbins Supports Rayel Simons Supports Terry Peltes Supports Jennifer Churchfield Supports Michael Fahnestock Opposed Margaret Fahnstock Opposed Phillip Henke Opposed Cody Walkup Supports Zack Neal Supports Ryan Seastrom Supports Becky Roberts Opposed Mary Agnes Fahnestock Opposed Tom Westerdal Opposed Chris McGowen Supports Ken Dingman - Supports Telbe Storbeck Supports Beth Aldrich Supports BOCC Public Meeting August 28, 2018 Page 5 of 10

6 Joe Rakoczy Opposed Kathy Rakoczy Opposed Larry Roberts Opposed Jennifer Miner Opposed Terri Bennett Opposed John Bennett Opposed Cameron Ming Supports Alvin Simpkins Opposed Bernadette Fahnestock Opposed Jeff Vogel Supports Clement White Opposed Joe Venegas Opposed Melinda Venegas Opposed Mike Weissman No position stated Margie Wright Opposed Russell Stands Over Bull Supports Susan Dahncle Opposed Carl Wagener Opposed Georgiana Inskeep Opposed Cory Greeno Opposed Susan McClain Opposed Robert Ingram Supports Margaret Rash - Opposed Jonathan Woodward - Supports BOCC Public Meeting August 28, 2018 Page 6 of 10

7 Margie Sobey Opposed There was a 10-minute recess. The meeting was reconvened. The public comment period was closed. Commissioner Baker asked Mr. Blair to address the concerns that were raised by the citizens. Mr. Blair said he does not know what a sludge pit is, but explained what a reserve pit is, and said a reserve pit would not be utilized. He said there would be a storm water control basin on site. Commissioner Jackson asked about the citizen comment regarding mistakes on the State permit application. Mr. Blair stated that the applicant cannot drill without a permit. He explained why the application to the State was returned. Commissioner Sharpe asked if there are any egress alternatives to the east. Mr. Blair explained why there is not exit route to the east. He stressed that there are three exit routes. Commissioner Sharpe asked about the County s authority to require an alternative site analysis. Mr. Hill explained why the County does not have the authority to require an alternative site analysis. Commissioner Conti asked if the County could require a larger setback. Mr. Hill explained why the County cannot require a larger setback than what is requested in the application. There was discussion regarding the County s liability if the Board requires a larger setback and/or an alternative site analysis. Mr. Blair talked about the safety of the site and fire mitigation practices. Mr. Blair concluded his presentation and thanked the Commissioners. Commissioner Baker asked if any future well applications specific to this site have to be heard in a public hearing or can future applications be approved administratively. Mr. Hill said it would be at the discretion of the director of Public Works and Development. Commissioner Jackson requested that all future wells on this site be referred to the Board for a decision. BOCC Public Meeting August 28, 2018 Page 7 of 10

8 The following motion was made by Commissioner Baker, duly seconded by Commissioner Conti: In the case of AE18-003, Administrative Energy Facility Use by Special Review for the Swan Oil and Gas Well Pad, I have reviewed the Board Summary Report dated August 13, 2018, including all exhibits and attachments, and have listened to the applicant s presentation and the public comment as presented at the hearing and hereby move to approve this application based on the findings in the Board Summary Report, with the stipulation that this approval is limited to the application as submitted and that any expansion of the number of wells or oil storage capacity for future phases will require separate approval for a new or amended permit under the Land Development Code, and this approval is also subject to the following conditions (1 through 16): 1. Applicant shall conduct its operations in compliance with all material representations in the submittal materials for AE18-003, including but not limited to the approved energy operations plan required by Land Development Code (LDC) Section and all approved engineering documents required by LDC Section All approvals and conditions of approval shall apply to Applicant and to any successor or assignee to the oil and gas facility. 2. Applicant or any successor or assignee shall provide noise mitigation measures at least as effective as those recommended in the Noise Impact Assessment Report prepared by Behrens and Associates Inc. on April 9, 2018, and must meet COGCC requirements. 3. Applicant or any successor or assignee shall construct the Northern Egress Road and shall maintain both the Northern and Southern (already constructed) emergency egress roads at the locations shown on the application plans (or final alignments as approved) to meet or exceed the minimum standards identified by Bennett Watkins Fire Rescue (BWFR) and Arapahoe County Engineering Services Division. Prior to drilling on the Swan pad, the design for the Northern Emergency Egress Road must be approved by BWFR and the County Engineering Services Division and the road must be constructed and inspected by both BWFR and the County Engineering Services Division to ensure that it is constructed according to the approved design. These emergency egress roads shall be maintained and made available by Conoco for emergency community evacuation when and as needed as determined by BWFR and the Arapahoe County Sheriff s Office. 4. The Northern Emergency Egress Road will be designed to carry the 100-year flood without overtopping the road, and the road must be finished with Class 6 road base to a six-inch depth. 5. Applicant or any successor or assignee shall utilize approved hardware accessible by emergency responders for gates controlling use of the Northern and Southern Emergency Egress Roads; locks or other accessible hardware shall be BWFR approved. 6. When the current Swan single well and any subsequent wells drilled on this location have all been plugged and abandoned, the property owner will determine whether the Northern Emergency Egress Road will be reclaimed to its preconstruction state by the property owner or whether to propose that the road will be dedicated to the BOCC Public Meeting August 28, 2018 Page 8 of 10

9 County or remain in place (or be relocated) for use as a private road. If the property owner proposes to dedicate the Northern Emergency Egress Road to Arapahoe County, the County Public Works and Development Department will determine whether it will accept the dedication and, if accepted by the County, the Road will be subject to Arapahoe County land use approvals. If the road is dedicated to the County, the Applicant will no longer be responsible for maintenance of the Road. If, after the well and any subsequent wells drilled on this location have been plugged and abandoned, the property owner desires to use the road as a private road for any other purpose, the owner shall obtain an appropriate access permit for continued access to any public road as required under the Arapahoe County Infrastructure Design and Construction Standards and may be required to obtain engineering or land use approvals depending on the proposed use. 7. Drilling on the Swan Well pad shall not commence until the County Office of Emergency Management (OEM) completes an area emergency response plan for the site. Applicant shall provide OEM with GIS data and Shape Files for the development of the emergency response plan. 8. In order to reduce truck traffic during the completion phase, Applicant or any successor or assignee shall use temporary water lines to serve the site. 9. Applicant or any successor or assignee shall provide Engineering Services a copy of the operations plans for both Emergency Egress Roads, including inspection frequency, ongoing maintenance plans, and snow removal plans, in conjunction with approval of the Northern Emergency Egress Road. 10. Applicant or any successor or assignee shall provide annual proof of commercial water provider maintenance contracts for firefighting. 11. All equipment within the facility will be grounded for lightning mitigation. The grounding grid will be designed to dissipate any electricity in order to protect all electrical and automation equipment on the site. If damage is sustained because of a lightning strike, the facility shall be shut down and inspected by the operator prior to re-starting operations on the site. 12. Traffic controls, to include flaggers or warning signs, must be provided for construction of the pad and for moving overweight/oversize equipment on public roads. 13. Applicant or any successor or assignee shall coordinate truck traffic with the school district in order to minimize conflicts with school buses. 14. Applicant or any successor or assignee will work with the Arapahoe County Transportation Division on a Signage and Striping Plan for E 6 th Avenue. A sign permit will be required for any new signs in the right-of-way. 15. The County will inspect road conditions before construction activity starts, and the applicant will be required to repair any road damage from vehicles used for construction and operations at the site. BOCC Public Meeting August 28, 2018 Page 9 of 10

10 16. All Engineering permits referenced in the attached Engineering Services Division letter must be approved and issued prior to construction. The motion passes unanimously. There were no Commissioner Comments. The meeting was adjourned at 12:55 A.M. ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS MATT CRANE, CLERK TO THE BOARD BY JOLEEN SANCHEZ, ASSISTANT CLERK TO THE BOARD BOCC Public Meeting August 28, 2018 Page 10 of 10