Loading...
HomeMy WebLinkAboutNatural Resources Advisory Board - Minutes - 03/21/20181 / 6 NRAB – March 21, 2018 NATURAL RESOURCES ADVISORY BOARD REGULAR MEETING MINUTES 222 LaPorte Avenue, Fort Collins March 21, 2018 – 6:00 PM BOARD MEMBERS PRESENT: Nancy DuTeau – Chair, 2018 Elizabeth Hudetz Drew Derderian Luke Caldwell – Vice-Chair, 2018 Ling Wang Danielle Buttke Jay Adams BOARD MEMBERS ABSENT: Barry Noon Bob Mann STAFF PRESENT: Lindsay Ex, Environmental Program Manager – Staff Liaison Rebecca Everette, Senior Environmental Planner Jeff Mihelich, Deputy City Manager Kurt Friesen, Park Planning & Development Director Matt Day, Senior Landscape Architect Adam Jokerst, Water Resources Project Engineer GUESTS & PRESENTERS: David Tweedale –Land Conservation & Stewardship Board Mark Houdashelt – Air Quality Advisory Board, Chair Alan Braslau – Energy Board Mitch Meyer – CSU Student Gayla Maxwell Martinez – Fort Collins Resident Joe Piesman - Land Conservation & Stewardship Board, Chair I. CALL MEETING TO ORDER: At 6:04 PM the meeting was called to order by Nancy DuTeau. II. PUBLIC COMMENT: Members of the Public (listed above) introduced themselves. David Tweedale (Land Conservation & Stewardship Board) is opposed to the URA (Urban Renewal Authority) funding for the Whitewater Park. He would like to see the area left to recreation such as fishing. He does not favor attracting more people to the area. For example, the pedestrian bridge would be great but not the Kayak Park, which attracts more people. Alan Braslau (Energy Board) wanted to share a message that several Boards and Commissions members (connected to the City of Fort Collins) are interested in becoming more integrated considering the overlap of their purposes and goals. He pointed out that, for example, the Energy Board and the Water Board both had interest in a current question (proposed power line) with the Meadow Springs property (North of Fort Collins.) They plan to have joint meeting April 19, 2018. Climate action is one area he considers has much overlap among the several Boards and Commissions. Mark Houdashelt (Air Quality Advisory Board, Chair) shared that there will be a public announcement regarding a committee of the AQAB regarding greenhouse gases in the near future. In addition, he said the City of Fort Collins EV (Electric Vehicle) roadmap is soliciting feedback via a survey. He is the (AQAB) liaison to the NRAB. Joe Piesman (Land Conservation & Stewardship Board, Chair) wanted to acknowledge the overlap in interest among the various Board and Commissions members (connected to the City of Fort Collins) regarding the Meadow Springs property. He wanted to begin discussions with Nancy DuTeau regarding increased coordination between the Land Conservation & Stewardship Board and the Natural Resources Advisory Board. 2 / 6 NRAB – March 21, 2018 Gayla Maxwell Martinez gave an impassioned speech leading up to the evening’s discussion regarding Oil and Gas Proposed Buffer Zones. The legacy of her family extends far into Fort Collins history and her love and concern for the City of Fort Collins is apparent. First, she noted the impressive work that the City of Fort Collins has done with the natural areas and its diligence and protectionism in regards to the Oil and Gas Regulations within the City’s purview. During a Master Naturalist Training Class, she learned that the City does not own the mining rights on their natural areas, which greatly concerns her. She discovered that the oil in the area is minimal and does not attract Industry interest, however other neighboring areas have greater risk. Gayla cautions that the Oil and Gas Industry (“Industry”) is too aggressive. She pointed out the challenges Boulder, Colorado faces with numerous legal battles re their effort to thwart invasive drilling. She emphasizes that The City of Fort Collins can only be protective for so long until the Industry (and developers) pushes back with legal challenges here as well. Gayla continued by asserting her recommendation that the buffer zones should be at least ½ mile. Dangers of diminutive buffer zones are documented by numerous science-based and peer edited essays. She says the Industry record in Colorado for oil spills and accidents has been dismal, even within the past two weeks. Her preference is to extend the buffer zone as far back as possible. III. APPROVAL OF MINUTES: Nancy DuTeau and NRAB members made a few revisions and clarifications to the February 21, 2018 Natural Resources Advisory Board (“NRAB”) draft meeting minutes. Luke Caldwell made a motion to approve, as amended, the February 21, 2018 minutes; seconded by Elizabeth Hudetz. The motion passed unanimously. IV. OIL AND GAS REGULATIONS RECOMMENDATION Rebecca Everette, Sr. Environmental Planner, City of Fort Collins, made a presentation to the NRAB to solicit comment and City Council recommendations re proposed code changes. These code changes consist primarily of modifications to existing buffer zones to match the State of Colorado regulations. The current buffer zone matched the State of Colorado regulations when enacted. This meeting is part of the outreach effort by the department to gather feedback and support from the community and various Boards and Commissions of the City of Fort Collins. An example of community outreach effort is a mailing to residents within 1000 ft. of a well apprising residents of an opportunity to express concerns. The concerns were primarily regarding the exact location of wells and health and safety. This public input resulted in revisions to the proposed code changes. Rebecca gave an overview of the number of wells located in the City of Fort Collins. Of the sixteen- (16) total operating wells, only ten- (10) were within city limits and an additional thirty- (30) are abandoned wells from various decades. There have been no new wells drilled since the 1990s. The proposed changes are: • Increase the buffer for Residential Development to 500 ft. (from 350 ft.) • Add a buffer for High Occupancy Building Units of 1,000 ft. • Allow for a reduced buffer on Permanently Abandoned wells if specific site investigation requirements are met, with a minimum buffer of 150 ft. (giving Developers incentives with additional land availability) • Notice to future property owners via the property covenants • Updating relevant code definitions The additional buffer on High Occupancy Buildings (schools, nursing homes, childcare centers, hospitals, etc.) would provide additional protection for vulnerable (elderly, children and infirm) populations. Luke Caldwell wanted to examine the criteria for the 1,000-ft. buffer. He thought perhaps this buffer zone would be appropriate for shrapnel from an explosion, for example, but wondered about escaped gases that can travel over 1,000 feet. He offered that enhanced ventilation or other safety equipment be considered. Rebecca Everette mentions that technology such as monitors and radon mitigation systems exist. Questioning the “tiers system,” Ling Wang added that 1,000 ft. could be the standard for every site. Rebecca explained that the buffer zones reflect a compromise position between the interested parties. Added difficulties such as site-specific 3 / 6 NRAB – March 21, 2018 topography and wind-direction, for example, vary in each locale; thus, the “zones” pose challenges for scientific, well- documented studies. Rebecca noted that the Colorado Oil and Gas Conservation Commission (COGCC) sets buffer regulations for new oil and gas wells. In contrast, the City of Fort Collins regulates how close the wells will come to the populace. Nancy DuTeau asked whether the City of Fort Collins could be stricter in their regulations than the State of Colorado. Rebecca replied that “Operator Agreements” contracts clauses might mitigate any concerns, but other communities have run into legal issues related to additional regulation for oil and gas operations. As part of her presentation, Rebecca showed a Fort Collins City map with an “imaginary well.” Around the well were several circles representing the various buffer zones allowing NRAB members to observe a representation of the proposed buffer zones in an actual populated setting. Another illustration displayed an actual Fort Collins Neighborhood with a well (Hearth Fire). She also showed the development plans for Water’s Edge, which reflect a “variance” granted to the developer with assurances of mitigation on abandoned wells in the project. “Alternative Compliance” is a method to provide flexibility to developers on certain standards and could allow for reduced buffer zones if certain requirements are met. Rebecca reviewed the COGCC requirements for plugging and abandoning wells. Elizabeth Hudetz was concerned about the endurance since cement and concrete can crack over time. Rebecca agreed that there would always be risk of failure and leakage, but that the 150’ buffer zone is generous for the risk. An assessment and analysis of an Abandoned Well failure in Trinidad, Colorado (in the 1980’s) showed that the failure resulted in about ½ acre of seepage that is less than the 150’ buffer zone currently contemplated. Jay Adams inquired about the nature and permanency of the marker for such wells to which Rebecca replied that they are similar to manhole covers commonly found in city streets. These are likely not visible from the street. Rebecca Everette went on to explain that a reduced buffer (150 ft.) at Abandoned Wells is an incentive to developers to seal the wells in accordance with state standards. Luke Caldwell asked about monitoring for failures. Rebecca said there are several options for reporting such as the Colorado Oil and Gas Conservation Commission, the Colorado Department of Public Health and Environment, and the Environmental Protection Agency. Luke also asked who might be responsible for repair. Rebecca said that it would be a “case specific” determination depending on the individual circumstances. A modest “Orphaned Well” fund exists for wells that no longer have a responsible party in business. Luke noted that the “Waters’ Edge” senior development (north of Fort Collins Country Club) might put the Homeowners Association (HOA) at risk in that case. Expressing trepidation for federal support in this issue (reporting), Elizabeth Hudetz noted that the Environmental Protection Agency of the United States is experiencing adversity in its current administration. Rebecca replied that the State of Colorado Agencies are the primary organizations to address any issues. She was concerned that any Federal and State regulations or policies were in flux. Elizabeth specifically mentioned the “Martinez Case” (a legal challenge to current Oil and Gas state “fracking” - regulations, climate and public health standards) currently winding its way through the Colorado court system. (Note: “fracking” is water, chemicals and other materials injected to the terrain at high pressure to break rock and extract oil and gas.) There are potential significant implications on the industry standards therefrom. Elizabeth Hudetz advocates setting higher standards immediately. Elizabeth Hudetz discussed recent concerns from the Greeley community surrounding the issue and related that back to the public comment from Gayla Martinez earlier in the evening. She said that there are documented impacts to the health of a fetus by a low birth rate, for example, within a mile of a “fracking” site. She finalized these concerns by noting that a 4-year-old child’s death at “Hearth Fire” may be a result of impotent regulations. She is concerned about the residents and future residents in our community. Rebecca Everette agreed that there are documented health impacts. Danielle Buttke mentioned the well monitoring costs. Building upon that line of thinking, it was mentioned that a NICU (Neonatal Intensive Care) admission was upwards at $100K, therefore any monitoring costs would be reasonable in comparison. Danielle Buttke inquired about any requirement for disclosure to future residents. Rebecca said there are existing requirements for disclosure as well as a proposal for an additional method of notice within property title searches. Another detail brought to light by Elizabeth Hudetz is that there are only 17 well inspectors for thousands of wells and that seems insufficient for a vigilant program. Danielle Buttke added that any standards without monitoring, response and responsibility is ineffective. General agreement that the diesel-spill incident on Riverside Drive was handled well by the responders. 4 / 6 NRAB – March 21, 2018 Nancy DuTeau brought up the idea of a moratorium and Rebecca said that the intention was a casualty in a prior legal challenge. Elizabeth Hudetz added that perhaps the “Martinez Case” would give us some margin in this area since the judges seem to be ruling (thus far) in favor of enhanced regulations. Nancy DuTeau also wanted to analyze the considerations of City versus State regulations, specifically how that influences NRAB recommendations to City Council. Nancy thought it would not be appropriate (at the City level) to increase buffer zones. Rebecca Everette said that the basic request is to change the City standards to meet what is required at the State of Colorado level. Elizabeth Hudetz advocated for a moratorium and 1,000-ft. buffer zone minimum especially near schools and outdoor/recreation areas. Elizabeth and Nancy DuTeau discussed that the present issue before the NRAB (recommendation) is a separate question from the dispute (and potential resulting regulations) in the “Martinez Case”. Luke Caldwell and Danielle Buttke endorsed an increased buffer in High Occupancy buildings. Concerning the parties involved in the negotiation between developers and oil and gas operators, Elizabeth Hudetz said it is appropriate to consider third-party oversight. Nancy DuTeau concluded the discussion by noting that April 13, 2018 is the due date for a first draft of recommendations. The Fort Collins City Council will review all observations, commentary and recommendations in June 2018. V. POUDRE RIVER WHITEWATER PARK RECOMMENDATION Kurt Friesen - Park Planning and Development Director, City of Fort Collins began his presentation by introducing his colleagues. Joining Kurt this evening to assist is Jeff Mihelich - Deputy City Manager, Adam Jokerst, Water Resources Engineer, and Matt Day, Sr Landscape Architect from the City of Fort Collins. The purpose of the presentation tonight is to outline a plan for additional funding for optional features on the Poudre River Whitewater Park. The presenters hope that the NRAB will recommend their enhanced design to the City Council of Fort Collins. Jeff Mihelich noted that this project is a legacy project initiated in 2011. The project is located near the intersection of College Avenue and Vine. The project has successfully moved forward such that construction bids will be accepted in the near future. He was enthusiastic about the project overall. Kurt Friesen gave a high-level overview of various segments of the project. First, he noted that the property acquisition phase is complete which was necessary for visibility from the road, safety of visitors, and a park site. A bridge will connect downtown Fort Collins (southside) with the North side business and residential area of the Poudre River. It will become part of the Trail System and provide pedestrian access. The proposed “South Bank Wall” is a plaza with shade structure and more funds are necessary to add seating to encourage “gathering.” The landscaping will be restorative with native plantings. Concrete walks provide greater accessibility. Included in the plan is a “play area.” Lighting, cameras and emergency call boxes are proposed safety features. Included in the plan is “Dark Sky” light fixtures, which minimize glare, reduce light trespass and sky glow. Vine Drive improvements include sidewalks, bike lanes, a parkway and parking. The goal is to make the area attractive to increase interest in the area. A grant from the Poudre Heritage Alliance (“PHA” promotes Poudre River’s national significance in water development, water law and water management) might fund a “Heritage Walk” area. The most critical improvement is the flood plain and floodway . This must be completed at the front end and not in “stages.” This is a costly and time-sensitive part of the plan. Of interest was the 1865 Coy Ditch in the proposed area that previously irrigated the family farmland. In 1958, the City purchased the water rights. In 1980, the water was used to irrigate a now-defunct golf course and now will be reworked as part of a low-impact water improvement operation within the Whitewater Park Project. This modification also helps correct flooding and erosion issues while slowing flow in the play area. Jay Adams was interested in the South Bank of the River and its impact on the business in that area. Kurt Friesen said that the North College business area is evolving and the bridge will provide North and South businesses reciprocal access. The neighbors on both sides of the river are in support. Luke Caldwell asked for an overview of the River Access for ADA individuals. Kurt replied that a properly sloped concrete sidewalk ramp from the sidewalk to the edge of the river provides access for ADA individuals. Two “pools” provide kayak river access and a kayak “play” area. This increases the season for kayakers during the “off season” on the Poudre River traditional recreational areas. In addition, river tubing is encouraged. 5 / 6 NRAB – March 21, 2018 Regarding Water Protection, Elizabeth Hudetz inquired whether “Save the Poudre” (a Fort Collins Organization to “Protect and Restore” the Cache la Poudre River) was supportive. Kurt Friesen said that the organization supports our proposal. Conversation ensued re the impact of NISP (defined above). Adam Jokerst said a 2015 river flow study showed that kayaking will be impacted 30-35% of the season and that tubing would be impacted 20-25%. He said analysis indicates that this project would still be viable - even with NISP. Nancy DuTeau asked what impact would this have on fish passage at various water flows. She received assurance that Colorado State Parks and Wildlife was satisfied with the plan. She further inquired as to the impact on the ADA access and, in particular, the proposed “play area.” Kurt said that flow would be very low at certain times. Nancy was also concerned that Pedestrian and Bicycle users comfortably share the throughways. Kurt said that the width of the proposed thoroughfare would be sufficient for co-access and use. Danielle Buttke thought a climate change impact study would be helpful. The additional funding, about $2 million, is specifically for the additional optional features: the pedestrian bridge, south- bank wall and plaza enhancements, landscape enhancements, concrete walks, children’s play area, and security. Kurt explained that the funds are to come from a combination of these City Departments and private sources: Natural Areas, Storm Water, CCIP (Community Capital Improvement Program), Fundraising (public and private), Park Impact Fees, General Fund, URA (Urban Renewal Authority), and Philanthropic assistance. Luke Caldwell expressed general support for the additional funding. He is particularly impressed with the stormwater (southwest wetland system) upgrades. He also appreciates the proximity to the Gustav Swanson Natural Area (445 Linden Street - further east on the Poudre River.) Additionally, he felt the addition of the “Heritage” area would be beneficial for River education. He invited a presentation from the group to the Bicycle Advisory Committee. Elizabeth Hudetz and Danielle Buttke also expressed enthusiasm for the project while voicing their disapproval of NISP (defined above). Jay Adams made a motion to support the “additional project funding.” Motion seconded by Luke Caldwell. The motion passed unanimously. Nancy DuTeau noted that the NRAB recommendations are due April 17, 2018. Luke Caldwell will draft and circulate the memo. VI. UPDATES AND ANNOUNCEMENTS Earlier in the evening, (for the record), several NRAB members (Barry Noon, Danielle Buttke, and Elizabeth Hudetz) expressed their disapproval of the Northern Integrated Supply Project (“NISP”.) NISP is a proposed water storage and distribution project incorporating Glade Reservoir in Northwest Fort Collins near Ted’s Place, and Galeton Reservoir on the South Platte River. The stated goal of the project is to supply an additional 40K-acre ft of water supply diverted from the Poudre River. The NISP received notice in part during the previous NRAB meeting February 21, 2018. The main opposition is negative water flows on the Poudre River. Nancy DuTeau said that Bob Mann was absent tonight because he attended the County’s Wasteshed Stakeholder’s meeting representing NRAB. Jay Adams said he might be absent next month due to a surgery. Ling Wang is due to give birth in the next few weeks and may miss the April meeting as well. Luke Caldwell said that he has completed a draft recommendation on behalf of the Bicycle Advisory Committee supporting the use of Class I & II electric bikes to all people, not just the disabled, on Fort Collins’ paved trails for a year probationary period. The recommendation recommends staff solicit feedback from other municipalities on the success and/or struggles of comparable programs. He expressed enthusiasm for the program. Elizabeth Hudetz mentioned a “Rally Against Oil & Gas Extraction” in Greeley, CO at Bella Romero Academy (1400 E 20th St) Friday, March 23, 2018 from 3:20 – 4:30 PM. Danielle Buttke mentioned the National Park Prescription Day event on Sunday, April 29, 2018 at Lee Martinez Park – details posted soon on Fort Collins Recreation site. Lindsay Ex said that the City of Fort Collins – City Plan is moving forward into the “Visioning Phase”. Look for additional postings in April regarding the coming events. 6 / 6 NRAB – March 21, 2018 The Greenhouse Gas subcommittee of the AQAB will be meeting soon and the details posted on the AQAB website. Community Greenhouse Inventory presentations are coming soon as well. Nancy DuTeau mentioned that there is some confusion on the recent efforts to have joint meetings or liaison with other Boards and Commissions. The “Futures Committee” of the City Council and the “Triple Bottom Line” are separate issues. Further, not all of the city natural resources are under the “Sustainability Umbrella” and there is discussion regarding including “Parks” because so many of our issues, discussions, and recommendations overlap. It is a good time to increase strength in our communications. There are several critical dates in the upcoming months, and Lindsay Ex has committed to summarizing and circulating an email to the NRAB members. VII. ADJOURNMENT Meeting adjourned at 8:26 PM.