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HomeMy WebLinkAbout3.0 Response from Grass Mesa HOARECEIVED 1899 MESA HOMEOWNERS ASSOCIATION 1899 Grass Mesa Road JUN 3 0 2004 Rifle, CO 81650 GARFIELD COUNTY June 23, 2004 BUILDING & PLANNING Board of County Commissioners Garfield County Planning & Zoning Garfield County, Colorado 108 8th Street, Suite 213 Glenwood Springs, CO 81601 RE: Application for Special Use Permit - EnCana Reservoir - Grass Mesa Ranch Subdivision Dear Commissioners: We have had the opportunity to review the Special Use Permit Application submitted to the Garfield County Planning & Zoning Commission by EnCana requesting the County's approval for the storage of"treated production water" in "The Lake Fox Water Storage Facility" located at the southern end of the Grass Mesa Ranch Subdivision. The Lake Fox Water Storage Facility is located uphill from all of the other Grass Mesa lots. Additionally, there is currently a system of 4" PVC pipes running throughout the Mesa (along roadways and across private properties) as well as a buried 2" water line (installed with the pipeline) which is used for moving water from Lake Fox to well sites on Grass Mesa. The Board would like to express several concerns it has with respect to this Application. First, and foremost, it is our understanding that the "treated water" is not treated at all. In fact, it is our understanding that the Hunter Mesa Water Treatment Plant is not now, nor has it ever been, operating as intended. Obviously, our concern is similar to that of the Divide Creek residents in that we don't want to be exposed to potentially hazardous materials in and around our homes - particularly if it being piped around the Mesa. Our second concern deals with the location of the pump building. The Grass Mesa Homeowners Association has recently completed the approval process for allowing EnCana to re- route Grass Mesa Road as it passes through Lot 61 (the location of Lake Fox). To date, the road has not yet been constructed so it is difficult to visualize how the pump building will effect the road easement. The Covenants for Grass Mesa Road require buildings and other permanent structures to be set back no less than 35 feet from the centerline of the road easements. Part 1I of the Application labeled "Impact Statement" also presents several concerns. With regards to the pump at the facility, "the sound level of noise emanating from the facility will not exceed the 75 decibel maximum set forth in Colorado Revised Statute 25-12-103." On June 14, 2004, Brian Macke with the Colorado Oil and Gas Conservation Commission participated in a meeting of the BOCC and stated that permanent structures, such as pump stations, are not considered to be in industrial zones and therefore, fall under the guidelines of residential noise levels. C.R.S. § 25-12-103 states that the maximum noise level should be 55 decibels. Further, the statement that "Given the remote location of the new facility, noise will not be a nuisance to area residents" is in direct conflict with the opening paragraph which specifically states that there are residences within 1,000 feet of the structure. 75 decibels would certainly be a nuisance to these people. While the pond contains a liner, there is nothing to guarantee the homeowners that leakage into their drinking water supply won't happen. We have been advised that a monitoring well network should be installed around the perimeter of the pond and have samples performed on a regular basis. The results of those samples should be sent to the Colorado Water Quality Control Division as well as the Grass Mesa Homeowners Association. It is stated that the pond is surrounded by a field fence ("wood posts with wire mesh panels"). As of today's date, the fence that actually surrounds the pond is a t -post fence with three strands of wire. Literally anything could get into that pond but nothing would be able to get out. The Grass Mesa residents have been advised by EnCana annually (for the last 3-4 years) that they intend to be finished drilling in the Grass Mesa area within 3-5 years. How is that a pond needs to be in existence for drilling purposes for 20 years? When the Board was initially advised of the pond installation, it was promised that only fresh water would be contained in it. This was the selling point for EnCana to be allowed to have the water pond installed (which is in contradiction to the Covenants of Grass Mesa Ranch Subdivision), The 4" water line was to be available for fire fighting purposes. Based on these promises, the Board of Directors for Grass Mesa felt that Lake Fox would be a benefit. If fresh water is not going to be the sole contents of Lake Fox, this Board would request that the Garfield County Planning & Zoning Commission deny this application and propose that Lake Fox and all of the associated pipelines be removed immediately. Sincerely, GRASS MES • HOMEOWNERS ASSOCIATION 44IMr,