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HomeMy WebLinkAbout05 WaiversWAIVERS REQUEST O\OLSSON ASSOCIATES THIS PAGE LEFT BLANK FOR TWO-SIDED DUPLICATION. O\OLSSON ASSOCIATES Battlement Mesa PUD Phase 11— BMC A Ursa Operating Company and Battlement Mesa Land Investments WAIVER REQUESTS Waiver of Standards 016-3531 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 11. 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 A access road is designed with a cross slope of 2%. This variance from the standard is justified by making sure that adequate drainage is provided for the roadway to not allow ponding in the road surface. Also, 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 Operating Company on all 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. Section 7-1001.B Setbacks 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 setback and storing setback standard is to keep incompatible uses from infringing on each other. The location of the proposed well pad is in the Public, Semi -Public, Recreation and Injection Well zone district of the Battlement Mesa PUD. While this is not technically an industrial zone, industrial uses are allowed uses within the zone district. The proposed well pad is approximately 56 feet from the parcel boundary of the Battlement Mesa Metropolitan District's wastewater treatment facility. Temporary water storage tanks may be placed within 60 feet of the BMMD property boundary. Storage tanks for the injection well will be more than 100 feet from the property boundary. The temporary water storage tanks will be removed when completions activities are finished. April 28, 2017 1 O\OLSSON® ASSOCIATES Battlement Mesa PUD Phase 11— BMC A Ursa Operating Company and Battlement Mesa Land Investments 016-3531 The wastewater treatment facility is a compatible industrial use with the proposed natural gas well pad. The site was approved in the original development of the PUD. Pad design will work to prevent any liquids from a catastrophic failure from entering the waste water treatment plant. Approving this waiver allows industrial uses to be grouped in the same area of the PUD. Ursa has proven its ability to safely perform all operations from drilling to production. 2. Imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Code. Response: A waiver of this standard does not impose greater impacts on adjacent properties than would occur through compliance. Waiver of Submittals 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 II. 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 Land Investments. 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. April 28, 2017 2 O\OLSSON® ASSOCIATES Battlement Mesa PUD Phase 11— BMC A Ursa Operating Company and Battlement Mesa Land Investments 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 Land Investments and under the road bond between Garfield County and Ursa. Any further Improvements Agreement with Garfield County would be redundant and unnecessary. 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. 016-3531 April 28, 2017 3 O\OLSSON® ASSOCIATES L Battlement Mesa PUD Phase 11— BMC A Ursa Operating Company and Battlement Mesa Land Investments 016-3531 Page is intentionally blank. April 28, 2017 4 O\OLSSON® A550CIATE5