HomeMy WebLinkAbout1.03 Waiver RequestsArticle 4-118, 4-202
Waiver Requests
Ursa Operating Company
and Battlement Mesa Partners
Major Impact Review Application
Battlement Mesa PUD Phase I
BMC B
OAProject No. 014-1829
OLSSON
ASSOCIATES
WAIVER REQUESTS
Ursa Operating Company
Battlement Mesa PUD Phase I
BMC B
Pursuant to Section 4-118 of the Garfield County Land Use and Development Code, Effective
July 15, 2013, Ursa Operating Company requests a waiver for the standards for Access and
Roadways for the Battlement Mesa PUD Phase I.
Section 7-107 Access and Roadways
A waiver of standards request shall be considered based on the following criteria:
1. Achieves the intent of the subject standard to the same and better degree than the subject
standard:
Response: The intent of the roadway standard is to provide safe and adequate access to a
development. The design of the access road deviates from the cross slope standard which
specifies that a Semi Primitive gravel road should have cross slope of 3%. The BMC B
access road is designed with a cross slope of 2%. This variance is justified by making sure
that adequate drainage is provided for the roadway to not allow ponding in the road surface.
As the roadway needs to tie to both the well pad and an existing roadway, varied cross
slopes to transition to the existing and proposed grading at those locations is necessary.
This standard has proven to be a successful standard for access to Ursa on all of its
facilities throughout Garfield County. Ursa has proven its ability to safely perform all
operations from drilling to production and to properly maintain its roadways constructed to
this standard.
2. Imposes no greater impacts on adjacent properties than would occur through compliance
with the specific requirements of this Code.
Response: This private road system does not provide access to residential uses nor is it
used by the general public on a regular basis. The waiver of this standard will not create
greater impacts on adjacent properties than would occur if it was in full compliance.
760 Horizon Dr., Suite 102 TEL 970.263.7800
Grand Junction, CO 81506
FAX 970.263.7456 www.olssonassociates.com
Ursa Operating Company
Battlement Mesa PUD Phase I — BMC B
Pursuant to Section 4-202 of the Garfield County Land Use and Development Code, Ursa
Operating Company requests a waiver for the submittal requirement of a Development
Agreement and an Improvements Agreement for the Battlement Mesa PUD Phase I.
Section 4-203.J. Development Agreement
A waiver request shall be considered based on the following criteria:
1. The Applicant shows good cause for the requested waiver;
Response: Ursa Operating Company wishes to neither propose a phasing schedule nor
extend establishment of vested property rights. Ursa is leasing the surface in order to gain
access to the minerals below. At the end of the productive life of the wells on the pad, the
area will be reclaimed according to COGCC requirements and returned back to the land
owner.
2. The project size, complexity, anticipated impacts, or other factors support a waiver;
Response: The proposed project is for a natural gas well pad. Garfield County, generally,
does not require a land use change permit to construct a natural gas well pad. Well pad
construction is covered by Colorado Oil and Gas Conservation Commission (COGCC)
permitting requirements. Ursa is submitting the appropriate Forms 2, Application for Permit
to Drill, and Form 2A, Oil and Gas Location Assessment. COGCC Rules dictate mitigation of
anticipated environmental impacts. The proposed project is being developed under a
Surface Use Agreement with Battlement Mesa Partners, LLC. The SUA dictates mitigation
for visual impacts.
3. The waiver does not compromise a proper and complete review; and
Response: The Land Use Change Permit request can be properly and completely reviewed
without a development agreement.
4. The information is not material to describing the proposal or demonstrating compliance with
approval criteria.
Response: A development agreement is not material to describing the purpose, operation
and maintenance of the facility or demonstrating compliance with applicable approval
criteria.
Section 4-203.K. Improvements Agreement
A waiver request shall be considered based on the following criteria:
1. The Applicant shows good cause for the requested waiver;
Response: Any public improvements being proposed are covered under the Surface Use
Agreement with Battlement Mesa Partners, LLC and under the road bond between Garfield
County and Ursa. Any further Improvements Agreement with Garfield County would be
redundant and unnecessary.
Waiver Requests Page 2
Ursa Operating Company
Battlement Mesa PUD Phase I — BMC B
2. The project size, complexity, anticipated impacts, or other factors support a waiver;
Response: The SUA spells out public improvements and mitigation that may need to be
made as part of Ursa's drilling plan in the Planned Unit Development (PUD).
3. The waiver does not compromise a proper and complete review; and
Response: The application can be properly and completely reviewed without an
improvements agreement.
4. The information is not material to describing the proposal or demonstrating compliance with
approval criteria.
Response: An improvements agreement is not material to describing the purpose,
operation and maintenance of the facility or demonstrating compliance with applicable
approval criteria.
Waiver Requests Page 3
Ursa Operating Company
Battlement Mesa PUD Phase I — BMC B
THIS PAGE LEFT BLANK FOR TWO-SIDED DUPLICATION.
Waiver Requests Page 4