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HomeMy WebLinkAboutpitkin.planning.245900000000, 246100000000, 264900000000, 265100000000, 2645300000000 (1988)DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determinafion for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (11x17) ~ lli'F?+~.~ t3txie Scann9d: ` 5/29/08.. F'~te Location: file finders box #1 q4 ~~ UOOOO~ Off' ~3 DATE DATE RECEIVED: S~~/06 COMPLETE: PROJECT NAME: Project Address APPLICANT' Applicant Addr REPRESENTATIVE Representative PAID: YES ~ AMOUNT• 1) TYPE OF APPLICATION: 1 STEP: // 2 STEP: 2) IF 1 STEP APPLICATION GOES TO: P&Z ~BOCC PUBLIC HEARING DATE: n 1- VESTED RIGHT: YES NO _ 3) PUBLIC HEARING IS BEFORE: P&Z BOCC N/A~n ,, DATE REFERRED• , "0 C~ INITIALS:-~/WC~ STAFF LEVEL: 1041 HAZARD REVIEW; DATE OF APPROVAL REFERRALS: '~ County Atty County Engr Housing Dir. Aspen water City Electric Envir. Hlth. County Mgr. Div. Wildlife Trails Dir. CASELAAD SUMMARY SHEET 7 ~S ~.~ PITKIN COUNTY ~ y to l Aspen Consol S.D. Mtn. Bell Envir. Coordin. Holy Cross Electric Fire Marshall Snownass will. FAA State Plan. Off. Other: School District Rocky Mtn Gas State Hwy Dept (Glwd) (GrJtn) Bldg Zon/Inspt. Colo Geo Survey USFS Div. Water Res. Other FZNAL ROUTING: DATE ROUTED; INITIAL' County Atty County Engineer Building Dept. Housing Dir. Envir. Health other: 00~100~ FILE STATUS AND LOCATION: 2~~(9 PARCEL ZD AND CASE NO. u,,~l~ STAFF MEMBER: - ~ rc RESOLUTION OF THE-BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING A PROSPECTING PERMIT TO NEW FRONTIER EXPLORATION TO CONDUCT SEISMIC EXPLORATION Resolution No. 88-~ WHEREAS, the Board of County Commissioners of Pitkin County, Colorado (hereinafter the "Board") reviewed a prospecting permit application by New Frontier Exploration (hereinafter "Applicant") at their regular meeting on June 28, 1988; and WHEREAS, the proposal includes approximately 21 miles along two lines located Southwest of Carbondale (in the area described in Exhibit "A" attached); and WHEREAS, the Applicant has applied to the U.S. Forest Service for a permit for the lands under Forest Service jurisdiction and has used the recommendations of the Division of Wildlife with regard to the time that the activity may take place; and WHEREAS, the Board recognizes that the applicants have acquired the necessary permits from private landowners; and WHEREAS, the Board recognizes that the applicant shall notify surrounding landowners, within one mile of the lines, regarding the temporary disturbances associated with the activity; and WHEREAS, the Board acknowledges that this review in no way signifies the approval of the future development of oil and gas activities in Pitkin County. NOW, THEREFORE, BE IT RESOLVED that the Board does hereby OOOOUJ / i Resolution No. 88-~ Page 2 grant the requested prospecting permit to the applicant, with the following conditions of approval: 1) All landowners within one mile of the proposed active lines shall be noticed prior to commencement of work along that line. 2) Prior to commencement of any of the approved lines and cross lines the applicant shall verify to the Planning Office that the Valley Journal and local radio station have been notified and this notification will take place prior to commencement of the operation. 3) The approval for the lines shall run from the time conditions ~'1 and $2 are met and shall expire on August 15, 1987. 4) The applicant shall notify the Planning Office when the operation of each line has been completed. 5) The applicants shall notify the Planning Office of what their operations are on a weekly basis. 6) No helicopters shall be used to the east of Assignation Ridge. 7) The applicants shall schedule a time at the beginning of the operation for the Planning Office to inspect the shot hole activity and reclamation. APPROVED by the Board at its regular meeting on June 28, 1988. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COIARADO Fred Crowley, APPROVED AS TO F RM: Thomas F. Smith, County Attorney FK.SEISMIC APPROVED AS TO CONTENT: Alan Richman, Planning Director 00000 EXPLORATION 7388 S REVERE PARKVJAV, BLDG. 902 ENGLEWOOD COLORADO 80112 A JOINT VENTURE caoa~79oo3oa FIELD OPERATIONS: PORTABLE (SHOT-HOLE) III. DATA ACQUISITION (continued) PAGE 3 Method: After the surveying operation (and archaeological clearance, when required) have been completed, drilling rigs will be flown into the shot point locations on the line. This is accomplished by several trips with individual components being assembled at the drill site. Flight corridors set by the Forest Service would be used in order to cause a minimal disturbance to wildlife. Drill holes, usually under 4 inches in diameter, are cut to a depth predetermined by the parameters set forth by the client. (In this case 60 feet) The completed hole is then "loaded" with the explosive charge and blasting cap. After it has been determined that the charge is at the bottom of the hole, the hole is then filled to within 3 feet of the surface with coarse ground Bentonite if water is encountered, or natural cuttings if the hole is dry. A hole plug is then inserted at the aft. mark and natural cuttings are tamped to the top of the hole until completely filled. Excess cuttings are then spread t,o less than 1 inch of the surface to allow vegetation t,o continue its natural growth. The cap wire leads are then secured to the lath or other suitable high place so that they may be readily located in the event of a snow storm that might occur prior to the recording operation. The hole is now ready for detonation by the recording opera- tion and the drill rig is flown out. The recording operation is done from a depot or staging area that has been established as close as possible to the line but accessible by vehicle (Wilderness areas excluded) Virtually all equipment, vehicles, and supplies are stocked at this temporary location. Transporation of workers and equipment is accomplished via helicopter from this location to the actual seismic line. As work progresses, this "Staging" area will be continually relocated for convenience purposes and also to minimize flight time and expedite the entire operation. Generally speaking, the helicopter "LZ" locations will be spaced anywhere from 6 to 10 miles apart. Seismic recording cables and geophones are coiled in canvas bags, and are "spotted" by helicopter at the 110 foot station intervals that have been surveyed in on the line. OQQnUJ EXPLORATION 7388 S REVERE PARKVJAV, BLDG. 902 - ENGLEWOOD COLORADO 80112 A JOINT VENTURE ~303~ 790-0303 FIELD OPERATIONS: (SHOT-HOLE) III. DATA ACQUISITION (continued) Method: (continued) PAGE 4 A ground crew arranges and connects the geophones to the cables. The geophones are planted into the ground, usually by a stomping action with the foot (the phones have a small spike at the bottom which aids in the stablization). The recording equipment (instrument package) is flown in to the line and is integrated to the cables that have already been laid out. A crew member may be flown up or down line to correct any electrical problems or connection problems that the recorder has been able to detect prior to actual charge detonation. As soon as all the wire (approximately 1+ miles worth) that has been laid out on line has been determined to be "good" and ready for quality recording, the shooter member of the crew will begin to detonate the shots, one at a time. Working closely with the recorder, this shooting operation will progress at a fairly rapid pace sometimes 2 to 4 miles per day, barring any equipment, helicopter, or weather delays. At the leeward end of the recording operation, a final ground crew coils and re-packs the cables and geophones into the canvas bags for helicopter swing up to the front of the line (a continual leap-frog situation). This "back" crew picking up equipment is also responsible for removing all remnants of debris and trash and cap wire from the work areas, storing it in canvas bags for eventual helicopter pick-up and disposal. The re- cording operation is considered complete when all work areas are clean and all shot holes are checked to make sure that none have blown out and been left open. Reclamation: Due to the type of operation and procedures used. The impact to the environment is really very minimal. The drilling operation, as explained in paragraph one of Section III Data Aquisition, consists of a small heli- portable drill being flown into a location predetermined by the Survey Crew. When the drill is set up it is set in a manner which insures that no trees or brush will be disturbed. ooaoos EXPLORATION ]388 5 REVERE PARKWAY, BLDG 902 - ENGLEWOOD COLORADO 80112 A JOINT VENTURE ~300~]9oo3oB (SHOT-HOLE) III. DATA AQUISITION (continued) PAGE 5 Reclamation: (continued) The man spotting the rig locates a spot ahead of time that is clear of trees and brush and is not too steep so that the rig will remain stable during the drilling process. Again, no trees or brush would be cleared to accomodate the drilling or recording operation. The drilling process usually takes 1 - 2 hours per location, after which the drill is flown to the next location. The small amount of vegetation (grasses and small plants) that would be depressed by the drilling rig usually pops back very quickly. After the hole has been drilled and the explosive charge loaded. The driller is ready to plug the hole. The plugging of shot holes is regulated by the Colorado Oil & Gas Commission and all plugging is done as specified by them. The hole is plugged immediately after it is drilled. This procedure goes as follows... If water is encountered in the hole the hole is filled to within 3 feet of the surface with coarse Bentonite pellets. These pellets consists of dried Bentonite clay. When poured into the hole and water is encountered these pellets swell to many times their original size sealing off any aquifers encountered and insuring that the water will maintain its natural course. (Usually very little water is encountered with 60 ft. holes.) This also insures that the hole will not blow out when the charge is detonated. If a hole is dry with no water encountered, then natural cuttings are put back in the hole to the 3 foot mark. After the hole is filled to the aft. mark with Bentonite a plastic hole plug is inserted. This plug has an identi- fication tag marked NFX. This identifies the hole as New Frontier's in case of any future problems which may arise. The plug also helps prevent the blowing out or slumping of holes. After the hole plug is inserted the last 3 feet of the hole is tamped with natural cuttings. At this point any excess cuttings which have piled up as a result of the drilling process are raked out to less than one inch of the surface. This allows the vegetation to continue its natural growth. Usually after one rain storm the hole and the area around the hole look ,just as they did before the operation began. QOQQU~ EXPLORATION 7388 S REVERE PARkWAV, BLDG. 902 - ENGLEWOOD COLORADO 80112 A JOINT VENTURE (303) ]900303 FIELD OPERATIONS: PORTABLE (SHOT-HOLE) Page 6 III. DATA AQUISTION (continued) Reclamation: continued After the recording crew has completed shooting the shot holes, the back crew comes through and picks up all flagging and other debris which may have been left by the operations. It is required that any personal trash which may be packed in by the work force (such as lunch items and pop cans) be packed out on a daily basis. As the back crew removes the trash they also double check the shot holes to insure that there are no blowouts and that the work area has been properly cleared. All lines are checked upon completion by New Frontier's management to insure that everything is cleaned up satisfactorily. It is very important to New Frontier that this work be carried out with a minimum of impact to the forest area and the residents surrounding it in order to be able to continue work like this in the future. Helicopters Every effort will be made to streamline our operation, as helicopter flight time is very expensive. Generally 2 helicopters will be used periodically for recording activities, and a crew's working hours in any given work day will vary from 8 to 15 hours per day. Helicopters will travel only in flight corridors set forth by the Forest Service in order to minimize the impact on wildlife and other residents of the forest area. Safety: Safety is paramount in all phases of New Frontier seismic operations. Weekly meetings for helicopter safety procedures as well as other on the job safety practices are mandatory and part of our Compe.ny Policy. 000008 i EXPLORATION 7388 S REVERE PARKWAY, BLDG. 902 - ENGLEWOOD COLORADO 80112 A JOINT VENTURE caoa~79ooaoa FIELD OPERATIONS: PORTABLE (SHOT-HOLE) PAGE 7 III. DATA AQUISITIOON (continued) Safety: (continued) Explosives Safety: Explosives storage magazines are built in strict compliance with ATF requirements. Any transportation, handling and/or use will be in correct compliance with all ATF, DOT and OSHA requirements. Our company policy aims toward advance planning in order to coordinate our exploration activities safely with other land uses and requirements. 'U 'J Scott D. Nish Operations Manager 000009 AGENDA ITEM SUMMARY TO: Pitkin County Board of County Commissioners Regular Meeting - June 28, 1988 RE: New Frontier Exploration - Seismic Exploration Permi FROM: Francis Krizmanich, Planning Office ISSUE: New Frontier Exploration has applied for a prospecting permit, pursuant to Section 3-8.14 of the Land Use Code. The applicant plans to use an exploration program consisting of 21 miles of shot holes with 12 holes per mile. The application and maps are attached. This operation is similar to that conducted last year. The staff opinion is that this project will have minimal impacts. There are no helicopter flights planned in the Crystal River Valley- the closest point of operation will be approximately 3 miles west of Highway 133. Nineteen miles of the "line" will be on Forest Service lands. The applicants have agreements with the property owners of the two miles of private lands affected by this project. The staff opinion is that the performance guarantees and reclamation bonds required by the Forest Service and Colorado Oil and Gas Commission will adequately mitigate environmental impacts. ALTERNATIVES: 1) The Board may deny this application if you find that it does not conform to Section 3-8.14 of the Land Use Code. 2) The Board may approve this application with conditions as you deem appropriate to mitigate impacts. RECOMMENDATION: The Planning staff recommends that the Board approve this application with the same basic conditions that were imposed in 1987. A resolution for your review and approval is attached. FK.NEW DDD~lU DENVER DENVER TECH CENTER COLORADO SPRINGS ASPEN BILLINGS BOISE CHEYENNE WASHINGTON, D. C. HAND DELIVERED HOLLAND & HART ATTORNEYS AT LAW 600 EAST MAIN STREET TELEPHONE (30.3)9253476 ASPEM, COLORADO 8161 I TELECOPIER 130.3) 925-936J May 13, 1988 CHARLES T. BRA.\DT MAY 13 Mark Fuller, Assistant County Manager Pitkin County Courthouse Plaza Building 530 Fast Main Street Aspen, Colorado 81611 Re: Prospecting Permits (Seismic Exploration) on Federal Lands Dear Mark: Thank you for taking the time to meet with us on Wednesday con- cerning Texaco's intention to conduct seismic exploration work on lands where it holds mineral rights. In thinking about a couple of your comments made during the meet- ing, I have become increasingly disturbed by them. I'm referring to your statements that "the County has nothing to gain in granting a seismic permit" and that it was your sense that "the Board of County Commissions didn't want to deal with these kinds of applications". You should be aware of the legal aspects surrounding such an application where federal lands are involved. In this regard, I encourage you to consult with Tom Smith or, better yet, request Tom to attend the County Commissioners' meeting when you intend to seek direction from the Com- missions on this matter. Briefly, the case law holds that state and local governmental agencies can only require an operator on federal lands to obtain a per- mit and impose reasonable regulations on the permit. Such agencies cannot veto the operations on public lands. In California Coastal Commission vs. Granite Rock Co., the U.S. Supreme Court held that fed- eral statutes and regulations governing mining operations and national forests did not o~ se preclude a state agency from requiring a permit for such operations. The Court first determined that while the Prop- erty Clause of the U.S. Constitution gives Congress plenary power over the use of public lands, it does not follow that all state regulation of that use is pre-empted. There must be evidence of Congressional intent to occupy a given field, or evidence that the State law actually conflicts with federal law. The Court then concluded that federal law concerning mining on public lands did not reveal an intent to occupy the field, nor did it conflict with state law requiring a permit. The Court emphasized that its decision was "narrow," and only involved a facial challenge to a permit requirement where the state agency disavowed any intent to prohibit mining operations. ~~~Q1~ HOLLAND & HART ATTORNEYS AT LAW Mark Fuller, Assistant County Manager May 13, 1988 Page 2 . Consequently, Granite Rock does not stand for the proposition that state agencies can veto mining operations on public lands. They can only require operators to obtain a permit, and impose reasonable condi- tions on the permit. In Brubaker_vs. The_Board of County Commissions, E1 Paso County, G52 P.2d. 1050 (1982), the Colorado Supreme Court held that where test drilling operations had received federal approval the preemption doc- trine precluded the board from denying permission to conduct test drilling. This doctrine was recognized by our local District Court Judge, J. E. DeVilbiss, in Board of County Commissions of Pitkin County vs. Colorado-Conundrum Marble Corporation and Stefan Albouv because it did not appear that there was any actual conflict between the federal and local requirements (in that case the County had issued a prospecting permit authorizing the Defendants to proceed). Texaco is a willing participant in the County's land use permit application process and, as indicated yesterday, is' willing to abide by a decision by the Board to conduct a public hearing on the application even though the applicable Land Use Code provisions do not require such a hearing. Texaco is also willing to abide reasonable conditions and mitigation requirements imposed by the Board. The Board, notwithstand- ing whatever bias it may have against seismic activity or concerns about what exploration work might lead to, is legally obligated and required to fairly consider the application as it does any other land use application. I trust you will speak with Tom Smith on the subject intend to advise you by this letter. I only wish to point legal cansiderations involved and our client's position on siderations. Very truly yours, r_ .~~- Charles T. Brandt for HOLLAND & HART CTB/sb cc: Thomas F. Smith, Esq. Paul Bradley, U.S.F.S Francis Rrizmanich Michael 0. Coulter as I do not out the these con- Scott Nish John Ramsey, Esq. 00001? ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 ~ , /-, ~, Y (303) 925-2020 LAND USE APPLICATION FEES Clty 00113 -63721 -47331 GMP/CONCEPTUAL - 63722 - 47332 GMP/PRELIMINARY - 63723 - 47333 GMP/FINAL - 63724 - 47341 SUB/CONCEPTUAL - 63725 - 47342 SUB/PRELIM INARV -63726 -47343 SUB/FINAL - 63727 - 47350 ALL 2-STEP APPLICATIONS - 63728 - 47360 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS REFERRAL FEES. 00125 -63730 - 47380 ENVIRONMENTAL HEALTH 00123 -63730 -47380 HOUSING 00115 -63730 -47380 ENGINEERING SUB-TOTAL County 00113 -63711 -47431 GMP/GENERAL ' - 63712 - 47432 GMP/DETAILED -63713 -47433 GMP/FINAL -63714 -47441 SUB/GENERAL -.63715 -47442 SUB/DETAILED - 63716 - 47443 SUB/FINAL - 63717 - 47450 ALL 2-STEP APPLICATIONS - 63718 - 47460 ALL 1-STEP APPLICATIONS/ Q - y 'Y CONSENT AGENDA ITEMS REFERRAL FEES. 00125 -63730 -47480 ENVIRONMENTAL HEALTH 00123 -63730 - 47480 HOUSING 00113 - 63731 - 47480 ENVIRONMENTAL COORD. 00113 -63732 -47480 ENGINEERING SUB-TOTAL PLANN ING OFFICE SALES 00113 -63061 -09000 COUNTY CODE - 63062 - 09000 COMP. PLAN -63066 -09060 COPY FEES O:Q {~~'~~~ -63069 -09000 OTHER SJ SUB-TOTAL '~ O ® ~~~ i i TOTAL -- ~ Name: ~ / 1/"I _ - ~ ~" i ' ~ pMOhe: - Atltlress: _ -- ~ ~ ~ •" ~ r ~" ~ 1f ~ ~ " ~ project: _ Check $~ pate ~ ~ ~U Adtlitiona l Billing: _- _ N of Hours: •: '4' t •T . ~~ ~ s~ t (; ,.) ~' p ~ .,' > st' ~;11~~~ i )~ f I i)U vi f ~~.,r}...,f~j ... (fir( ,~'- s ~~' ~ y` ..1x YY. • ...,, ' u« { y ~ / 1 .-YP '