HomeMy WebLinkAbout04 Waiver RequestWAIVERS REQUEST
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Battlement Mesa PUD Phase 11— BMC F Temporary Water Storage Facility
Ursa Operating Company and Battlement Mesa Land Investments 016-3531
WAIVER REQUESTS
Standards Waivers
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 F 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 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 Form 2A, Oil and Gas Location
Assessment. COGCC Rules dictate mitigation of anticipated environmental impacts. The
April 28, 2017 1
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Battlement Mesa PUD Phase 11— BMC F Temporary Water Storage Facility
Ursa Operating Company and Battlement Mesa Land Investments 016-3531
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.
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.
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