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HomeMy WebLinkAboutLand Conservation And Stewardship Board - Minutes - 08/09/2023 Land Conservation & Stewardship Board Regular Meeting | 1745 Hoffman Mill Road August 9, 2023 Members: Ross Cunniff, Chair Andrea Elson, Member Scott Mason, Vice-Chair Holger Kley, Member Elena Lopez, Member Mark Sears, Member Denise Culver, Member River Mizell, Member Joe Piesman, Member 1 1. CALL TO ORDER: Chair Cunniff called the meeting to order at 5:30 p.m. 2. ROLL CALL: Holger Kley, Ross Cunniff, Mark Sears, Andrea Elson, Denise Culver, Joe Piesman, River Mizell Excused: Scott Mason, Elena Lopez NAD Staff: Katie Donahue, NAD Director; Matt Parker, NAD Resource Management Supervisor; Kristina Ostrowski, Business Support III; Mary Boyts, Business Support III City Staff: Kirk Longstein, Sr. Environmental Planner, Community Development & Neighborhood Services 3. COMMUNITY PARTICIPANTS: none 4. AGENDA REVIEW: No changes were made to the agenda. 5. APPROVAL OF MINUTES: Member Culver made a motion to approve the July 2023 LCSB Meeting Minutes. Member Piesman seconded the motion. The motion was unanimously approved 7-0. 6. DISCUSSION ITEMS: Draft Oil and Gas Regulations Update Kirk Longstein, Sr. Environmental Planner, Community Development & Neighborhood Services, opened the discussion with a staffing update that Cassie Archuletta will be transitioning out of her position as Manager of Environmental Sustainability with the City. Mr. Longstein will be the Interim Oil and Gas contact until her position is filled and will attend the Air Quality Advisory Board meetings. Mr. Longstein began his presentation by highlighting three work streams: 1. The newly adopted Oil and Gas Regulations, which enforce location standards restricting new oil and gas facilities within City limits. 2. Ongoing operational standards efforts to collaborate with the State and County on enforcement mechanisms to ensure compliance with clean air and water quality standards. DocuSign Envelope ID: 990EBEB7-C8FC-4869-8E01-F5411021C0B6 Land Conservation & Stewardship Board Regular Meeting 2 Efforts include but are not limited to policy surrounding cease-and-desist orders, pressure on Prospect Energy regarding plugging and abandoning low-producing and non-producing wells, and collaborating with State partners like the Colorado Energy and Carbon Management Commission (ECMC). 3. Reverse setback standards. Mr. Longstein proceeded with a presentation on the proposed oil and gas reverse setback requirements. He defined the difference between setbacks (defines standards for new oil and gas wells from an existing structure) and reverse setbacks (defines standards a structure needs to be from an existing oil and gas well). The City of Fort Collins code adopted a 2000- feet setback for new and existing wells; the State of Colorado has a presumptive 2000-feet setback but does not regulate surface activities and land use. A map of the active Fort Collins Field highlighting locations of oil and gas wells within the City was shared. All the wells in the active field are traditional, vertical oil-producing wells, 5000- feet in depth, that go down into an oil formation on a closed loop system. These are low producing wells, which utilize an enhanced oil recovery process that is unique compared to other injection well processes used across the State of Colorado. Most of the wells in Fort Collins are abandoned. Mr. Longstein identified two abandoned exploratory wells located in and near the Arapaho Bend Natural Area: one near Harmony Road and I-25 (this is an abandoned and not fully reclaimed well) and a well located adjacent to the archery range just outside the City’s jurisdiction (City code includes setbacks from outside our jurisdiction). These were exploratory wells that were never producing. Mr. Longstein provided an overview of the proposed reverse setback standards for wells. Mr. Longstein noted the proposed code would apply regulations to existing homes in the buffer. This will decrease density and ensure new development, existing properties, and structures are not adjacent to oil and gas wells. A summary of the buffers in the active zone were provided: 2000-feet - active wells 500-feet - inactive and not fully reclaimed 150-feet - fully reclaimed A list of reverse setbacks in surrounding municipalities and counties were shared. Broomfield and Loveland are the only other jurisdictions that have setbacks similar to the buffers being proposed. Proposed code refinements to reverse setbacks will be discussed at the September 5, 2023 City Council Meeting. DocuSign Envelope ID: 990EBEB7-C8FC-4869-8E01-F5411021C0B6 Land Conservation & Stewardship Board Regular Meeting 3 Discussion Mr. Longstein noted within the last year, the City petitioned the State of Colorado to have operators update their financial assurances for plugging, abandoning, and reclaiming wells; the result requires operators to post additional bonds and financial security to cover the cost of these operations. There was further discussion around policy surrounding compliance issues within the State. Mr. Longstein clarified an operator permit that is under a cease-and-desist order, are closed- door negotiations, while the Colorado Department of Public Health and Environment (CDPHE) Air Pollution Control Division re-negotiate the terms of their permit. Mr. Longstein clarified Member Piesman’s inquiry, stating the State will post a press release on their website stating the reason for issuing a cease-and-desist order; but the re-negotiation of permit terms remains private. Mr. Longstein answered a variety of general questions from the Board: • In response to Member Kley’s inquiry, Mr. Longstein clarified a shut-in well is a well mechanically turned off and not running for a temporary period of time for a variety of reasons (e.g. safety). • Chair Cunniff expressed concern of surface spills of the operation at the surface of the injection well and suggested a provision for inspection at the injection site would be useful. Mr. Longstein responded that the literature supports the higher-level risk is at the tank and separators. • Member Kley was interested in how chemicals at the surface are monitored during operation. Mr. Longstein informed the Board the Colorado Energy and Carbon Management Commission (ECMC) annually conducts a Mechanical Integrity Test which identifies problems at the source and tank battery inspections are performed on-site to identify chemicals being used. Mr. Longstein’s understanding is there are no detailed disclosure requirements on chemical analysis performed periodically to monitor activity, but he will look further into where this information may be housed. The polymers, silicate, and other chemicals are within the 1% range, and grey water is primarily cycling through this system. • Mr. Longstein stated the operator agreement was terminated last fall now that the City has land use authority. • Member Culver inquired about the reverse setback standards for Larimer County. Mr. Longstein confirmed Larimer County’s reverse setback standard is 1000-feet. DocuSign Envelope ID: 990EBEB7-C8FC-4869-8E01-F5411021C0B6 Land Conservation & Stewardship Board Regular Meeting 4 • The Board echoed Member Mizell’s concern surrounding disclosure to homeowners and renters who acquire property adjacent to reverse setbacks. Mr. Longstein stated the proposed standards would require a point-of-sale disclosure requiring the seller or lessor provide any information related to monitoring reports and disclosures related to the EPA thresholds in 14-point font. Additionally proposed, is descriptive language written into the code of the required verbiage to be stated at time of sale. Written notice is required no less than 30 days prior to closing. • Mr. Longstein stated there are no disposal wells within the City of Fort Collins. • The Board echoed Chair Cunniff’s suggestion that trailheads should be treated as a structure in the proposed reverse setback verbiage. There was mutual interest across the Board to revisit this topic of discussion, specifically regarding the two drilled and abandoned wells near Arapaho Bend Natural Area. West Nile Virus Update Matt Parker, NAD Resource Management Supervisor, provided a brief history of the City’s West Nile Virus Program, a biological overview of West Nile Virus (WNV), and an update on the City’s current disease mitigation efforts. He highlighted WNV is present year-round and the City has been actively responding to WNV for 20-years. WNV is predominant in the avian community and noted the more birds infected with the disease in a given area, the more amplified the cycle of WNV in the corresponding community. Mr. Parker shared the CDC’s infection rate map highlighting the rate of cases per 100,000 people. Through a collaboration with CSU and Vector Disease Control International (VDCI), data sets are run weekly. There are 53 traps, across four zones. The results of the most recent data set (Week 31) were shared. Current data shows a peak of over 350 culex mosquitos per trap, the historic trend is approximately 70 culex mosquitos per trap at this time of year. Mr. Parker stated when determining treatment areas for disease mitigation, the goals are to be effective, responsible and judicious with pesticides; target as small of an area as possible, and to target as early as possible to limit viral amplification. The City currently sprays for mosquitos on Sunday’s due to contractor limitations. The City of Fort Collins operates at a 0.75 Vector Index (VI) Threshold within a polygon floating zone. Historically, the eastern two quadrants of the City are generally more active than the western two quadrants. The City’s policy to spray is based on the recommendation of the Larimer County Health Department. DocuSign Envelope ID: 990EBEB7-C8FC-4869-8E01-F5411021C0B6 Land Conservation & Stewardship Board Regular Meeting 5 Mr. Parker highlighted recent improvements and challenges of the WNV Program. Improvements include but are not limited to an improved map design for the public, GPS tracking data posted for up to 24 hours, the removal of the GIS heat map, and communication materials available in Spanish. Challenges include conveying complex data, comparing against the unknown outcomes if different courses of action were taken, and the inability to measure a true outcome. Discussion The Board was interested in the fact there are only 2 species of mosquitos that carry West Nile Virus (culex pipiens and culex tarsalis). These are the two-species of mosquitos the City and it’s community partners monitor for WNV mitigation response. Mr. Parker and the Board discussed variables that affect data collection, the impacts to mitigation response time and treatment effectiveness, and infection rates in mosquitos. There was further discussion around the potential risks that exist due to this variability. Member Elson asked Mr. Parker to define what the “historic” value encompasses. Mr. Parker stated the historic average of the VI values is the average of all twenty-previous years of data collection at a specific EPI-week point. The Board acknowledged the data variability that exists year-to-year. Member Piesman commented that the WNV Program has matured over time. Chair Cunniff and Member Piesman were interested in how long it takes mineral oil to degrade in the environment and the frequency of how often it is used in larval treatments. Matt Parker does not believe there is lasting impact but will follow up with a concrete response after further investigation. Chair Cunniff asked if the winter West Nile Task Force is still active. Mr. Parker confirmed the Winter WNV Advisory Committee has not been terminated. Member Elson inquired if there is data on the impact of WNV infections in humans within the City and surrounding towns. Mr. Parker stated it is difficult to gain accurate data because of how mobile people are. Chair Cunniff and Member Piesman added that statistically until the numbers get into the hundreds of cases, it is difficult to have a significant correlational value. Member Piesman echoed Chair Cunniff’s comment on the variability of humans making it very difficult to track humans infected with WNV. This led to conversations on the risk factors (e.g. age, immune-compromised, existing neurological conditions) that contribute to the chance of contracting West Nile Virus. Member Mizell expressed the importance of an accessibility review for necessary modifications to increase the visual contrast of communication materials for the public to be ADA compliant and to better address and prioritize human mitigation of WNV. DocuSign Envelope ID: 990EBEB7-C8FC-4869-8E01-F5411021C0B6 Land Conservation & Stewardship Board Regular Meeting 6 7. BOARD UPDATES: Member Piesman requested a NISP update in the upcoming months. 8. DEPARTMENT UPDATES: Katie Donahue, NAD Director, provided department updates: • Soapstone Prairie Natural Area and Bobcat Ridge Natural Area will be re-opening in the coming week after closures to address damage caused from the recent flash floods. o Bobcat Ridge Natural Area trails will re-open with exception to the closure of the Ginny Trail and On the Rocks Trail. • The Kestrel Fields Grand Opening is Saturday, September 9, 2023. • The City is looking for strategic plan input from members of Boards and Commissions regarding the City’s upcoming budget cycle. Katie will follow up with the LCSB this fall. • Budget adjustments and staffing will be addressed at the 8/15/2023 Regular City Council Meeting. A request for additional appropriation funds for the Encampment Site Cleanup Pilot Project Program will be discussed. 9. ADJOURNMENT The meeting adjourned at 7:44 p.m. Ross Cunniff, Chair Date DocuSign Envelope ID: 990EBEB7-C8FC-4869-8E01-F5411021C0B6 September 15, 2023