Thursday, April 12, 2007

HD decision causes concerns

By James Robinson
Staff Writer

The U.S. Forest Service and Bureau of Land Management (BLM) released their Record of Decision (ROD) for coal bed methane drilling in the Northern San Juan Basin April 4, and according to some county residents and the Archuleta County Board of County Commissioners, the findings don’t bode well for Archuleta County residents living in the HD Mountains and within 1.5 miles of the Fruitland Outcrop.

According to the document, drilling within 1.5 miles of the outcrop will be prohibited under most circumstances in La Plata County, while “within Archuleta County, drilling within 1.5 miles of the outcrop will be permitted following an incremental, monitor-and-evaluate-as-you-go approach.”

“I was hoping we’d be treated the same way La Plata County was. I’m looking at what’s different in our code from their code and why it turned out that way,” Commissioner Ronnie Zaday said.
And Commissioner Bob Moomaw echoed Zaday’s sentiments, “I don’t understand why they (La Plata County) got out and we didn’t.”

Forest Supervisor Mark Stiles, author of the document, provides a written explanation in the ROD.

“Differentiating between Archuleta and La Plata Counties in reference to drilling near the outcrop is supported by geologic and hydrologic information. While empirical evidence is limited on the east side of the unit, we do know that wells near the outcrop in Archuleta County have shown lower levels of natural gas production and much lower water production than wells near the outcrop in La Plata County ... While the exact demarcation for these differences has not been identified, outcrop mapping and well and drilling records show that the La Plata-Archuleta County line is a close proxy to this geologic and hydrologic change near the outcrop.”

Commissioner Robin Schiro said she wants to see the data Stiles used to come to his conclusion.

The outcrop, or specifically the Fruitland Outcrop, is a geologic uplift clearly visible along U.S. 160 just west of the Piedra River. It also marks the northern boundary of the 125,000-acre project area, an area that stretches from southeast of Durango, east into Archuleta County and south, to near the Southern Ute Reservation line.

Throughout the Environmental Impact Statement process, Archuleta and La Plata County residents and elected officials have voiced opposition to drilling near the outcrop, and of the 68,000 comments submitted to the BLM and Forest Service, concerns about drilling within 1.5 miles of the outcrop are a common theme.

For example, in September 2004, the Archuleta County Board of County Commissioners formally opposed drilling within 1.5 miles of the outcrop with resolution 2004-28, and they renewed their opposition with a subsequent resolution adopted in Sept. 2006.

But why the concern?

Bob Delzell, an Archuleta County resident who lives within 1.5 miles of the outcrop, said, “Lessons learned in La Plata County teach us that drilling near the outcrop is risky business. They’re playing with fire.”

Literally.

Delzell is a member of the San Juan Citizens Alliance, a Durango-based environmental group committed to protecting wildlife and wildlands and to advocating greater corporate and governmental responsibility in development of oil and gas resources. Delzell sits on the group’s oil and gas task force and is on the board of directors, and while serving in those capacities, he said he has had extensive opportunities to research outcrop drilling-related impacts and to discuss areas of concern with industry professionals. And although Delzell acknowledges the possibility of a coal bed fire is slim, his concern is not without precedent. In fact, the final Environmental Impact Statement references the risk (Volume 1, pg. 3-506).

According to the document, dewatering of near surface coal seams — water is a natural by-product of the coal bed methane extraction process — and fluctuating groundwater levels in coal beds can trigger heating and supply oxygen that may cause spontaneous combustion.

Although no active coal bed fires currently exist in the project area, active coal fires occur on the Southern Ute Indian Reservation along the northwestern rim of the San Juan Basin and just south of the project area.

As of 2000, the tribe had spent more than $1 million to extinguish the blaze, and with an estimated $5 million more required to complete the job, and lacking certainty they’d succeed, they abandoned the effort.

Pagosa Fire Protection District Chief Warren Grams has described fighting a coal bed fire as an extremely expensive proposition, and added that much of the Archuleta County portion of the outcrop area lies in a firefighting no-man’s land, beyond the reach of his crews and those of the Upper Pine Fire Protection District.

And although coal bed fires don’t currently exist in the project area, geologic evidence, namely reddish, heat-altered rocks known as “scoria,” indicate concerns regarding coal bed fires aren’t without merit.

Beyond coal bed fires, and far more probable on the list of concerns Delzell said, is that drilling near the outcrop could deplete the water table, drying up or contaminating residential water wells and springs used to water livestock and pastures. According to Delzell, and citing an analysis published by the San Juan Citizens Alliance, there are 47 buildings within a half mile of the outcrop, and 34 buildings on the outcrop itself, 25 of which are homes.

Delzell said he isn’t satisfied with the “monitor-as-you-go” approach and said once the impacts of outcrop drilling can be observed or monitored, the damage has already been done to the environment or the water table. Furthermore, he said the ROD operates on two, suspect assumptions: that no methane seeps exist in Archuleta County and, second, that there exists a different and safer outcrop geology in Archuleta County.

Delzell said he knows of four Archuleta County residents living along the outcrop in Archuleta County who have methane in their water and he added that he is yet to see clear and convincing evidence that Archuleta County’s outcrop geology is truly different. Thus, establishing the 1.5 mile buffer zone in Archuleta County is a prudent insurance policy.

Mark Pearson, executive director of the San Juan Citizens Alliance, questioned whether the economic benefit of the few wells proposed near the outcrop in Archuleta County outweighed the risks.

According to Pearson, 48 wells proposed in the Archuleta County portion of the project area lie within the 1.5 mile zone — one on the edge of the outcrop, 11 within half a mile of the outcrop, 10 within half to three quarters of a mile, and 26 within three quarters to 1.5 miles.

According to the Record of Decision, drilling within 1.5 miles of the outcrop in the Archuleta County portion of the project area will occur in a “stepwise fashion,” and largely on private leases with concurrent monitoring and observation for potential impacts. If undesirable impacts occur, “subsequent wells could be conditioned to prevent or minimize additional exacerbated effects.”

Within the entire project area, the Record of Decision represents a scaled back version of the industry proposal from 162 well pads to 127, 97 road miles to 72, and 788 disturbed acres to 650.

U.S. Rep. John Salazar toured the HD Mountains in October 2006 with local elected officials, landowners and officials from the BLM and Forest Service.

Responding to the Record of Decision, Salazar said, “Under the circumstances, I think the BLM has come up with a reasonable decision for the Northern San Juan Basin. However, I am very disappointed that it will allow for more drilling in the roadless areas in the HD Mountains. In regards to the controversial outcrop formation where drilling could seriously hurt water wells and aquifers, I’m relieved to hear that a 1.5 mile buffer will be placed on the outcrop in La Plata County.”

In the Archuleta County portion of the project area, Salazar has called for the creation of a working group comprised of BLM, Forest Service, Environmental Protection Agency staff and local elected officials to assess the safety and feasibility of drilling near the outcrop in Archuleta County.

Salazar said he was pleased that the BLM had adopted his suggestion, and he encouraged due diligence and cooperation from all individuals and involved agencies.

“I encourage the BLM to make sure a representative of local governments sits on that working group. The BLM must assure local residents that no drilling will occur along the outcrop without the proper safeguards for their safety and water supplies,” Salazar said in a press release.

Moomaw and Schiro said they would consult with other state and federal legislators to ensure adequate protection for Archuleta County residents living near the outcrop.

SUN staff made two attempts to contact Stiles in order to clarify aspects of the Record of Decision, but Stiles did not return those calls by press time.

Hard copies of the ROD are available for review at the following locations: San Juan Public Lands Center, 15 Burnett Court, Durango, Colo.; Columbine Ranger District and Field Office, 367 Pearl St., Bayfield, Colo.; and the Pagosa Ranger District and Field Office, at 2nd and Pagosa streets. Hard copies of the ROD are also available for review at the Sisson Library in Pagosa Springs. In addition, a compact disc version or hard copy may be obtained by calling Walt Brown at 385-1372. The ROD is available online at www.nsjb-eis.net, or at www.fs.fed.us/r2/sanjuan/projects/projects.shtml.

james@pagosasun.com


County, district discuss Dry Gulch differences

By Chuck McGuire
Staff Writer

While local water districts advocate the development of Dry Gulch Reservoir, Archuleta County officials are asking some tough questions.

Without a doubt, Pagosa Springs and Archuleta County are growing appreciably. And, as new residential and commercial projects continually unfold, the demand for potable water increases accordingly.

At some point, additional water resources, including long-term storage, must be developed. According to both the San Juan Water Conservancy District (SJWCD) and Pagosa Area Water and Sanitation District (PAWSD), the town and county have reached that point.

At full build-out, the proposed Dry Gulch Reservoir would provide up to 35,300 acre-feet of water storage, meeting projected local water needs far into the future. The proposed site is about two miles northeast of town, and could include a dam approximately 3,000 feet long and 160 feet high. As currently designed, its maximum surface area at high water line (elevation, 7,400 feet) would be roughly 621 acres. Total cost estimates have climbed as high as $140 million, but as the project moves forward, it will likely be built in stages and may never attain full capacity.

To help pay for reservoir construction, directors of both water districts have asked the town and county to impose impact fees on new construction. They believe it only fair that development pay its own way, and the imposition of impact fees is the best way of assuring that it does.

In 2001, the Colorado Supreme Court ruled that a local government may impose impact fees on developers in order to fund expenditures by such government on capital facilities needed to serve new development. It did not authorize metropolitan or special districts to establish fee programs of their own, but it did allow local governments to do so on their behalf.

Recent studies by districts’ consultant Harris Water Engineering, Inc. of Durango suggest the development of additional water diversions and storage are necessary to avoid shortages within the PAWSD district by as early as 2012.

Based on an Environmental Planning Systems study completed in the final months of 2005, both the town and county realized a need for impact fees to help offset costs associated with upcoming raw water development and storage. In early February 2006, the districts signed off on a fee structure they felt both governmental entities were poised to adopt.

By May 2006, the town had indeed adopted an entire list of impact fees, including a water storage component assessing $1,129 for the construction of each new single- or multi-family residential unit within town limits. The fee was eventually implemented later in the year, and is currently in effect.

To date, however, Archuleta County representatives have yet to adopt an impact fee program of any kind, as they continue reviewing the districts’ request, the engineering studies used in justifying the development of Dry Gulch as proposed, and the current PAWSD fees structure.

At a March 29 luncheon including four SJWCD board members, the county administrator and two members of the Archuleta County Board of County Commissioners (BoCC), the district offered the county any and all information it has, in an effort to assist with its review.

“We want to get everyone together on this and get on the same page,” said board president Fred Schmidt. “The county wants an independent analysis of the Harris findings (the study recommending Dry Gulch), and they want to look at water district rates. We’re happy to help.”

Meanwhile, in a recent phone interview, county administrator Bob Campbell said, “The district has been very open with all of its Dry Gulch information, and we need to move forward on impact fees. We want to move forward, but we don’t have a water distribution engineer on staff to help make a decision.

“Our alternatives are to ask PAWSD and SJWCD to interpret the Harris findings for us, or we can hire an independent party to do it. We’re putting it out to bid, but we don’t know the cost yet. The BoCC will decide on whether or not to hire a consultant in May, or after.”

Campbell also suggested that county officials largely agree that a reservoir of at least 12,500 acre-feet is necessary, but some question the proposed size and location, and the need for an expensive pump station to fill it. Apparently, they are also examining the current PAWSD fees structure in order to determine the appropriate level of county water-related impact fees.

chuck@pagosasun.com




Pertussis case confimed, second case suspected

By Louis Sherman
Staff Writer

A 4-month-old baby from Archuleta County has been diagnosed with pertussis (whooping cough).

A local junior high student has also likely contracted the illness, though further tests are still pending. School-age children in Archuleta County may have been exposed.

According to Susie Kleckner, nurse-manager at San Juan Basin Health Department, the timing of the cases may reduce the risk of transmission, since they occurred while students are away on spring break. Still, “when we get back in school, I think we are going to have more cases,” she said.

Whooping cough is a bacterial infection that has been on the rise over the past several years. Symptoms may include repeated episodes of uncontrolled coughing so severe that they result in vomiting, difficulty inhaling (which produces a whooping sound) or periods of an inability to breathe at all.

Pertussis is most severe in infants and young children, with a fatality rate of up to 1 percent in infants. The disease lasts six-10 weeks, and passes person to person through close contact with an infected person. Antibiotics generally don’t shorten the course of disease, but do decrease the time a person is contagious.

Infants are immunized for pertussis at 2, 4, and 6 months of age, with boosters at 18 months and at 4-6 years as part of the DTaP (Diphtheria, Tetanus, and Pertussis) vaccine.

After the final booster, immunity gradually decreases, leaving older children and adults susceptible to the disease. Parents are encouraged by the health department to begin immunizations as soon as a baby reaches 2 months of age, and to keep them on the recommended schedule. Children under 7 years of age can receive the pertussis vaccine.

San Juan Basin Health is also encouraging parents to have their children over the age of 10 years vaccinated against whooping cough. In addition, adults should consider being vaccinated as well.

If you’re due for a tetanus shot, getting a DTaP immunization is easy and timely. Contact your physician for more information or call the San Juan Basin Health Department’s Pagosa Immunization program at 264-2409.

For more information on pertussis, visit www.cdc.gov/nip/diseases/pertussis/faqs.htm.

louis@pagosasun.com


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