HomeMy WebLinkAboutHEARTHFIRE (HOFFMAN) PUD - PRELIMINARY - 31-95A - CORRESPONDENCE - OTHER JURISDICTIONS- Local governments, developers, real estate agents and buyers should be aware of the
the process for bringing problems with the oil and gas operations to the COGCC,
- Local governments should consider establishing safety requirments when issuing PUD
or other building permits or when modifying zoning codes with regard to setbacks and
easements around existing and future oil and gas wells and equipment to prevent
encroachment on the oil and gas operations that results in unsafe conditions for
residents and others.
The COGCC is confident that both land development and oil and gas production can
and should co -exist safely and economically, through reasonable trade-offs made by all parties
to accomodate most concerns in each situation, ultimately demonstrated by satisfied
homeowners. Please contact Tricia Beaver at x115 or Robin Reade at x112 if you need
further information or assistance.
Sincerely,
Robin L. Reade
Environmental Protection
cc: Tricia Beaver, Environmental and Commission Affairs Manager
Rich Griebling, Director
Whiting Petroleum (John Hazlett, Dale Walters and Rich Fromm)
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- Modification of the well locations, the "spacing", the drilling of new wells, and
movement of existing oil and gas wells may not be possible, either due to legal or
economic reasons.
- The COGCC regulations include rules on safety, setbacks from existing buildings,
spills and cleanup requirements, and final reclamation of abandoned well sites.
- The legislative authority of the COGCC is to promote the industry and protect health,
safety and welfare.
- The COGCC has field staff to rapidly respond to urgent situations, and environmental
staff to ensure proper cleanups, encouragement of pollution prevention, and
investigation of claims of environmental damage. The Environmental Response Fund
is available to investigate and remediate environmental damages where no operator
may be found to be financially responsible.
-The COGCC has monthly hearings before a board of commissioners, where contested
matters may be heard, decisions made, and fines levied where needed, including
matters brought by citizens.
- Surface damage agreements are private agreements negotiated between surface
owners and oil and gas companies, and are not a requirement by law. These
agreeements are entered into in good faith by the parties and conflicts are settled only
before civil courts.
- The COGCC notifies counties of new wells by faxing copies of Applications for Permit
to Drill (APDs) to the Local Governmental Designee (LGD). For Larimer County, the
LGD is Jerry White, Land Use Administrator, Larimer County Planning Dept., in Fort
Collins.
The COGCC offers the following ideas to smoothly accomodate multiple surface uses:
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- Developers should create adequate access for current and future use of equipment,
- Real estate agents should disclose the existence of any mineral lease and the
existence of or potential for oil and gas operations to the buyers.
- Mineral owners that sell their surface rights to developers should consider providing
part of the royalties from oil and gas sales to buyers (discouraging severance of mineral
estate from surface estate),
- Developers should become familiar with oil and gas operations,
- Real estate brokers and buyers should be aware of the minimal risk of endangerment
of human health and the environment from the oil and gas operations,
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STATE OF
COLORADO
OIL&
GA S
CONSERVATION COMMISSION
Mr. Steve Olt
Current Planning
City of Ft. Collins Planning Dept.
281 N. College Ave
Ft. Collins, CO 80524
Dear Mr. Olt:
DEI .tTMENT OF NATURAL RESOURCES
Roy Romer, Governor
1120 Lincoln St., Suite 801
Denver, CO 80203
Phone:(303)894-2100
FAX: (303) 894-2109
1 1 /7/95
Dave Shelton, Tricia Beaver and I met with the group on the attached list on Friday,
October 27, 1995. We were disappointed you were not in the meeting also, and hope to
have another opportunity to meet with you in the future. We wanted to relay to you a
description of the oil and gas industry, an explanation our agency's role, and the issues we
have encountered recently concerning new housing development near and in oil and gas fields
around the state, including Weld and Boulder Counties.
To summarize :the, meeting,;: both the. developer -and the oil company presented their
needs and concerns. 'By the•end of the,,meeting,_ most.:of the; -agenda item§ were resolved,
except for a couple which they agreed to continue negotiating. Apparently, you will receive
a letter of intent to: resolve these differences,::in preparation for the November hearing. The
Colorado Oil and Gas Conservation. Commission (COGCQ .provided • clarification of rules,
answered regulatory questions, provided alternatives for compromises and suggested possible
solutions.
The COGCC sends an urgent message that city/county planners should insist that
developers meet with oil and gas companies early in the land development process to head
off potential problems. If the city/county planners need more background or current
information on the oil and gas industry, the companies or regulations, they may contact the
COGCC.
The problem of greatest impact comes when the developer forges ahead with the local
government's approval, the new residents move in, and six months later, begin complaining
of noise, odors, visual impairment, water contamination, truck traffic, and so on. In the worst
cases, the residents may resort to legal action against all parties. The COGCC often receives
these calls, at a point where solutions are difficult, costly and often unresolvable.
Oil and gas -related issues that planners should be aware of:
- The mineral rights include the use,of a reasonable amount of surface land to produce
-,.the oil and, gas..(the.-minerals:have.,dominance° over, the. surface),.'
-'The oil .and gas industry is regulated, by .the COGCC,. a state agency within the
Department of Natural Resources,.and.local regulations; whereadopted.
DEPARTMENT OF NATURAL RESOURCES: James S. Lochhead, Executive Director
COGCC COMMISSION: Caroline Blackwell- Allan Heinle- Bruce Johnson- Logan MacMillian• Mike Matheson- Claudia Rebne• Marla Williams
COGCC STAFF: Richard T. Griebling, Director- Brian J. Macke, Deputy Director- Morris Bell, Manager of Engineering
Patricia C. Beaver, Manager, Environmental & Commission Affairs- Marnan Peacock, Manager of Information