Fight over Synergy drill site expansion in Greeley continues

From the Greeley Tribune, September 5, 2013

By Analisa Romero

The Greeley City Council approved the expansion of a Synergy Resources Inc. well site near Northridge High School late Tuesday, but opponents of the expansion say the fight isn’t over. In some respects, they may have made headway. Two Greeley City Council members voted against the expansion of the drill site on Tuesday, signaling a slight shift from the council’s historically unified stance that the city can’t interfere with an oil and gas company’s access to its mineral rights.

The city council upheld the Greeley Planning Commission’s decision to allow Synergy to add three wells and several dozen more water and oil tanks on the 12.5-acre site near 4th Street and 66th Avenue. Because the council was hearing an appeal of the planning commission’s decision, the council upheld that decision based on whether the planning commission followed proper procedures in its own approval process.

Council members, including Mike Finn, said they would like to continue the dialogue brought up during the appeal regarding the city’s development codes related to oil and gas. In the meantime, the Sierra Club, a national environmental group with an office in Boulder, is urging Gov. John Hickenlooper to halt the Synergy expansion permit at the state level.

In coordination with Weld Air and Water, a group with members who appealed the Synergy expansion at the city council hearing on Tuesday, the Sierra Club sent a letter to Hickenlooper in the hopes that the state will stop “rubber stamping” permits for large oil and gas operations. Lauren Swain, chairwoman of the newly created Beyond Oil & Gas Team for the Sierra Club Rocky Mountain Chapter, said the Sierra Club would like the Colorado Oil and Gas Conservation Commission to reassess its setback rules, which she said are still inadequate.

 “I think there’s a bigger principle at play here,” she said of the fight to stop the Synergy expansion. Craig Rasmuson, vice president of operations and production at Synergy, said his company has worked closely with the COGCC on some recommended conditions of approval to be good neighbors and to ensure public health while the company is drilling. 

Synergy will monitor air quality every month, conduct baseline water samples near Sheep Draw before and after drilling, put up a 30-foot sound barrier, reduce dust with a hi-tech vacuum, and ensure all new equipment on site is automated, which helps to reduce human error. Rasmuson said he is finalizing the wording of that agreement now, and that Synergy expects a permit from the COGCC within the week. 

He said Synergy didn’t have to agree to any of those conditions but went above and beyond what was required. “I truly feel like we have done our part, and I feel like (COGCC) Director (Matt) Lepore would communicate that to the governor’s office,” Rasmuson said. 

Sara Barwinski, a member of Weld Air and Water who spearheaded the appeal of the Synergy drill site expansion, said she, too, hopes to change how oil and gas permits are handled even if the Synergy site expansion goes through. She said she wants to see the city include conditions of approval for well sites that don’t interfere with state regulations, a concern that city council members cite as a reason not to regulate oil and gas beyond what the state has in place. In 1992, Greeley lost a Colorado Supreme Court case when the city tried to ban drilling. 

Barwinski said she was encouraged by the two dissenting voices on the city council — members Donna Sapienza and Sandi Elder — who voted against the expansion. Elder said she was not bothered by similar drilling activities that went on at the Aims Community College campus and near her home, and trusts that Synergy will go above and beyond state regulations to ensure public health and safety, but she said she wasn’t comfortable with the amount of equipment permitted for the site. Sapienza said the proximity of a high school, the Sheep Draw Trail and a subdivision to the drill site concerned her.

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Greeley residents go to city hall to fight proposed fracking operation 

GREELEY, Colo. — Residents in Greeley got together to fight what they say is a large fracking operation that wants to set up operations in their neighborhood. Sara Barwinski moved back to Colorado a few years ago. “We love living here,” she said. “We’ve had hawks, eagles, you name it.”

In that time some things in her neighborhood haven’t changed, and then there are the things that are about to. “There would be 32 tanks to support it. That’s how much volume those tanks present. That’s an industrial complex in the middle of the neighborhood,” Barwinski said.

In 2008 Synergy Corporation opened a fracking operation with six small tanks and minor impact on the neighborhood. But now the company wants to build a much larger operation requiring the approval of the Greeley City Council. Neighbors’ biggest concern is that the project is just 400 feet from Northridge High School. Left with few alternatives, Tuesday night Barwinski and an army of neighbors took their case to city hall begging the city of Greeley to stop the project.

All neighbors voiced the same worries – that they have too little information about the potential environmental impact, not to mention the public health concerns. “That school track is 411 feet from the wellheads and we don’t know what emissions come out of these.”

The central issue the city council must decide is whether the project is an industrial one that is compatible with the surrounding neighborhood. Synergy corporation argues that the project is not heavy industrial and that they have gone above and beyond to satisfy neighbors’ concerns.

“No-one wants oil and gas wells near schools”

On Tuesday evening, September 3, fifteen Greeley residents along with Weld Air and Water will appeal to the city council to deny the placement of more wells near Northridge High School and the Sheep Draw, and encourage Mayor Norton to take the time needed to consider the role the city wants to play in future oil and gas development. 

"A premature decision to move forward on this application would saddle the community with inappropriate heavy industry in a sensitive area for decades to come. We hope the City will postpone a decision on this application to allow it to evaluate its options relative to the development of this and future large oil and gas complexes within the City."  

 Appellants met with two of Governor Hickenlooper's senior policy staff about the proposal which would add 12 horizontal wells and require 25 oil condensate tanks and 17 separators.

Alan Salazar and Doug Young both agreed that “no-one wants oil and gas wells near schools” and they stated that, 

"The City of Greeley has not been active enough in discouraging placement of wells near residential areas or using MOUs to place additional conditions on development within Greeley." 

The public hearing is this evening, Tuesday, September 3, at 6:30 p.m. at the City Council Chambers 919 7th Street. 

Agenda item # 22: PUBLIC HEARING TO CONSIDER AN APPEAL OF A DECISION BY THE PLANNING COMMISSION TO APPROVE A USE BY SPECIAL REVIEW FOR OIL AND GAS PRODUCTION FACILITIES IN THE R-H (RESIDENTIAL HIGH DENSITY) ZONE DISTRICT FOR PROPERTY LOCATED NORTH OF 4TH STREET EAST OF 66 AVENUE AND WEST OF SHEEP DRAW OPEN SPACE. 

See location of the well pad: http://goo.gl/maps/148wr

See what the site looks like from the trail, here.

 MoU - Memorandum Of Understanding is a document describing a bilateral or multilateral agreement between two or more parties. It expresses a convergence of will between the parties, indicating an intended common line of action. It is often used in cases where parties either do not imply a legal commitment or in situations where the parties cannot create a legally enforceable agreement. It is a more formal alternative to a gentlemen's agreement. (wikipedia)

Residents Against More Wells Near School And Houses

Weld Air and Water joined 15 Greeley residents in filing an appeal this week to stop increased drilling within a high residential neighborhood, adjacent to Northridge High school, and on a ridge that slopes into the Sheep Draw waterway and wetlands. The proposal would add a twelve-well horizontal “fracking” operation on a site which already has six vertical wells.

The application by Synergy Resources Corporation was approved by the Planning Commission on July 23rd and has been scheduled for a public hearing before Greeley City Council on September 3rd. If approved, the application would allow for 25 condensate oil and gas tanks, 7 water tanks for flow-back water, and 17 separators; in addition to equipment (flares) to reduce the volatile organic compounds emitted.

What the site may look like during the drilling and fracking process.

Neighborhood resident, Sara Barwinski explains,

 “What really concerns us is the massive increase of heavy industrialization on the site. This size of industrial complex is simply not appropriate next to a school and near homes. We are not calling for a ban on existing operations—we are just asking for balance, and for the city to apply their own criteria that requires new applications to be compatible with surrounding land uses.” 

Therese Gilbert with Weld Air and Water (WAW) agrees.

“Weld Air and Water became involved because we want to help Greeley understand the options they have to restore sanity in planning around oil and gas decisions. City Council members and City Staff have stated that because Greeley lost the effort to ban oil and gas drilling back in 1992 that they have “no choice” but to approve any and all requests to drill. This simply is not true.” 

 The appeal by neighbors and Weld Air and Water outlines legal arguments and suggests that Greeley adopt regulatory approaches that are commonly used by other local governments throughout Colorado. According to Gilbert,

  “Greeley needs to strike a better balance between the goals of the oil and gas industry and the health, safety and welfare of Greeley residents.” 

 The group believes there are hopeful signs that Greeley residents and leaders are seeing a need for more balanced decision-making.

Weld Air and Water is encouraged that the City Council passed a petition on July 16 to take a closer look at the impacts of these fuel storage tanks in neighborhoods and whether there should be restrictions in the number allowed.

“We don’t think the City should move forward with this application until that analysis has occurred,” Barwinski stated.

Susan Rutherford is one of the nearest neighbors to the site. Last spring her entire neighborhood woke to a loud, shrill noise at 3:00 in the morning.

“I finally was able to figure out that it was coming from the oil and gas site because I could see a smoky cloud and the air smelled like a hot furnace,” Rutherford stated.

She called 911 and the whole operation was soon shut down. She was informed by the operator that the problem was a faulty gas pressure release valve. Rutherford believed the problem should have been caught by more frequent inspections.

“There had been periodic unexplained noises going on all day long before it finally reached that critical point. ..How can anyone believe that approving that kind of danger is protecting our health and safety?” 

Residents are also upset that the city has ignored the impacts that enlarging this industrial complex would have on the Sheep Draw trail and wetlands, which has been home to bald eagles, horned owls, hawks and other wildlife.

Patricia Gonzalez, a neighbor in the immediate vicinity explains,

“We have already seen great impacts on wildlife caused from the existing wells. The day after the 3:00 am “wake-up call” incident, a pair of hawks abandoned their nest. I am also very concerned about the odors that have increased and the fact that I see less and less wildlife when I walk the trail.. 

This is an area that is considered of “high” ecological significance. It is zoned as a conservation district and is considered part of the Cache la Poudre River corridor. City code states: development should be rejected unless it would have ‘little or no impact’ on this area. An accidental spill will flow down-hill into this vulnerable watershed contaminating it.”  

Rutherford adds,

 “Greeley and our concerned citizens are spending dollars and manpower to connect this beautiful part of the Sheep Draw to the Poudre River Trail in 2014—why wouldn’t we want to protect this investment?” 

WAW’s Gilbert is a teacher and shares a further concern,

“The track and field of Northridge High School is just over 400 feet from the well-heads, so our kids will be deeply inhaling the fumes when they exercise. I am also worried about the lack of security at this unmanned facility.” 

Synergy had an uncontrolled release in Mead last month that required an emergency response at 2:00 a.m. Synergy stated that it suspects that it was caused by teens tampering with equipment. This and other similar incidents around the country have persuaded Weld Air and Water to put forward a number of recommendations for conditions that should be attached to the permit, should the City Council decide to approve it

Gilbert continued,

  “The 24/7 drilling, increased truck traffic, odors, dust and toxic emissions are clearly not ‘compatible’ with a neighborhood.” 

She pointed to the fact the City Council rejected a coffee-shop in a neighborhood last month because citizens’ voiced concerns about possible increased traffic and noise from the commercial facility.

 “Our city government needs to understand that they have both the authority and the obligation to regulate the impacts of this heavy industry whose impacts are far worse than the impacts of a coffee shop.” 

The appeal argues that the site fails all of the City’s criteria for appropriate development and is not consistent with Greeley’s Comprehensive Plan for the future. Barwinski stated,

“If it was any other industry besides oil and gas they wouldn’t think twice about rejecting it. We want them to take the time to think through their legal options and their responsibility to Greeley citizens before making a decision that will impact us for decades to come.” 

OIL AND GAS ACCIDENTS IN THE NEWS 
Large tank batteries have come under greater scrutiny because of a serious explosion at a natural gas drill site on July 7 in West Virginia—two people died and five others were injured. The accident is under federal and state investigation. The company that operates the drill site, Antero Resources, claims in its report issued by the West Virginia Department of Environmental Protection, that the cause of the blast was a buildup of gas in tanks used to store flow back water from the process of preparing the well for natural gas production.

The flow back process occurs during high-volume horizontal hydraulic fracturing—in which millions of gallons of water and chemicals are pumped deep underground to release natural gas from shale rock. According to the West Virginia Gazette, Antero said the accident was due to “the presence of an accumulation of gas from storage tanks on location.” The company also blamed “a concentration of heavier than methane hydrocarbons in the gas mixture” and “an apparent ignition source near” near the operation. 

The Chemical Safety Board (CSB), a federal agency, is encouraging local and state governments to take steps to protect young people from dangerous tank batteries related with oil and gas development. On October 31, 2009, two teenagers, aged 16 and 18, were killed when a storage tank containing natural gas condensate exploded at gas production site in Carnes, Mississippi. Six months later a group of youths were exploring a similar tank site in Weleetka, Oklahoma, when an explosion and fire fatally injured one individual. Two weeks later, a 25-year-old man and a 24-year-old woman were on top of an oil tank in New London, Texas, when the tank exploded, killing the woman and seriously injuring the man.

 The CSB deployed investigators to all three sites to collect information on the incidents. They concluded: “The introduction of an ignition source (such as a match, lighter, cigarette, or static electricity) near tank hatches or vents can trigger an internal tank explosion, often launching the tank into the air and killing or injuring people nearby, the CSB found in its October 2011 study of the problem. The study identified a total of 26 incidents since 1983 that killed 44 members of the public and injured 25 others all under the age of 25.

The CSB’s safety recommendations urged states, standards organizations, and trade associations, to take action to protect members of the public – particularly children and young adults – from these hazards.” For more information and a video on the risks to teens see Oil Site Safety. Synergy has stated that it believes that teen vandalism may have caused one of its gas wells near Mead to vent natural gas at 2:00am at a rate that sounded like “a giant over-sized air compressor” according to a neighbor. Source: Greeley Tribune in Brief, SHERIFF’S OFFICE INVESTIGATES POSSIBLE TAMPERING AT MEAD-AREA GAS WELL, Greeley Tribune July 27, 2013.