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Home My WebLink About20130361.tiffFIRESTONE A COMMUNITY IN MOTION January 30, 2013 Colorado Oil and Gas Conservation Commission 1120 Lincoln Street, Suite 801 Denver, CO 80203 Sent via e-mail to matt.lepore@state.co.us and robert.frick(rD_state.co.us Re: New setback and notification rules under consideration Dear Commissioners: As the Local Government Designee (LGD), I am requesting that the issue of new setback and notification rules be tabled until further feedback can be obtained from all affected municipalities. While it is clear that this is a pressing issue, it is essential that all parties affected by the topics have the opportunity to provide reasoned thoughts as to the impact of amended rules. Currently, the Town of Firestone has 234 operating wells within its jurisdiction and almost 1,100 in our Growth Planning Area. The Town of Firestone's Land Use Code requires setbacks that generally mirror the setbacks identified in the State rules. Amendment of the State's setbacks could have significant impact on the Town's land use processes. An alternative to the proposed setbacks was presented to you in a letter from the Weld County Board of County Commissioners date January 23, 2013, which the Town of Firestone supports. Before any amendment is voted on, it is crucial that the impacts be identified for all involved entities and that alternatives be evaluated. It is crucial that the State bear the additional work that will likely be created as a result of amending the rules. Although there are many potential impacts, two impacts are: (1) additional work to remedy conflicts between operators and land owners; and (2) unfairness of position between operators and land owners. Assigning the LGD to the role of arbiter between operators and land owners unfairly situates the LGD between two important stakeholders in the municipality. Please consider delaying a final decision on the amended rules as presented and continue to receive feedback. Providing the amended rules to LGD with a timeline for review and process for providing feedback will increase the validity of any amendments. This issue requires significant and thoughtful consideration. Regards, Chad Auer, Mayor Town of Firestone cauer@ci.firestone.co.us www.ci.firesotne.co.us W Yy VY\(Kin t C6LPGVv-5 ( 77 151 Grant Ave. • P.O. Box 100 • Firestone, CO 80520 (303) 833-3291 • fax (303) 833-4863 2013-0361 Donna Bechler From: Jennifer Fuller Sent: Thursday, January 31, 2013 1:31 PM To: CTB Subject: FW: New setback and notification rules under consideration Attachments: COGCC letter.pdf Please add as item of Communications. From: Rebecca Toberman [mailto:FirestonePlanning©me.com] Sent: Thursday, January 31, 2013 12:44 PM To: Jennifer Fuller Cc: Wes LaVanchy Subject: FW: New setback and notification rules under consideration Hi Jennifer, Although we were informed that they are not accepting out letter, we wanted you to have a copy of the letter sent to and response received from the COGCC. Thank you, Rebecca Toberman Planning Coordinator & Town Clerk Office (303) 531-6260 Mobile (303) 885-4828 From: Matt Lepore - DNR <matt.lepore@state.co.us> Date: Thursday, January 31, 2013 11:48 AM To: Rebecca Toberman <rtoberman@ci.firestone.co.us>, Robert Frick - DNR <robert.frick@state.co.us> Cc: Wes LaVanchy <wlavanchy@ci.firestone.co.us> Subject: RE: New setback and notification rules under consideration Ms. Toberman: The administrative record for the setback rule making closed on January 9. The Commission elected to accept some late -filed materials, and to allow Parties to the rule making to file responses to the late -filed materials, through January 28 at 5:00 p.m., after which time no further materials are being posted to our web page or forwarded to the Commissioners. Based on the foregoing, I will not be sending the Town of Firestone's letter to the Commissioners. Sincerely, Matthew Lepore Director Colorado Oil and Gas Conservation Commission From: Rebecca Toberman [mailto:RToberman©ci.firestone.co.us] Sent: Wednesday, January 30, 2013 6:53 PM To: matt.lepore@state.co.us; robert.frick@state.co.us Cc: Wes LaVanchy Subject: New setback and notification rules under consideration Dear Commissioners, 1 Please see the attached letter from the Town of Firestone regarding the new setback and notification rules under consideration. Thank you, Rebecca Toberman Planning Coordinator & Town Clerk Office (303) 531-6260 Mobile (303) 885-4828 Hello