Loading...
Minutes - 2018 - Planning & Zoning - 04/02/2018 - RegularTHE CITY OF EAGLE PLANNING AND ZONING COMMISSION April 2, 2018 Minutes CALL TO ORDER: Meeting called to order at 6:02 P.M. 2. ROLL CALL: Present: GUERBER, JOHNSON, MCLAUGHLIN, and SMITH. Absent: WRIGHT. A quorum is present. 3. CONSENT AGENDA: ♦ Consent Agenda items are considered to be routine and are acted on with one motion. There will be no separate discussion on these items unless the Chairman, a Commissioner, member of City Staff, or a citizen requests an item to be removed from the Consent Agenda for discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda in a sequence determined by the Rules of Order. ♦ Any item on the Consent Agenda that contains written recommendations from the City of Eagle shall be adopted as part of the Planning & Zoning Commission's Consent Agenda approval motion unless specifically stated otherwise. A. Minutes of March 19, 2018. B. Findings of Fact & Conclusions of Law for A-04-17/RZ-08-17/CU-13-17/PPUD-07-17/PP- 08-17 — Park Lane Estates Subdivision — Yellowiacket Development. Inc • Yellowjacket Development, Inc., represented by Corinne Graham with Civil Site Works, LLC, is requesting an annexation, rezone from RUT (Residential -Urban Transition — Ada County designation) to R -2 -DA -P (Residential with a development agreement — PUD), conditional use permit, preliminary development plan and preliminary plat approvals for Park Lane Estates Subdivision, a 24 -lot (19 residential, 5 common) residential planned unit development. The 11.23 -acre site is located on the southeast corner of West Beacon Light Road and North Park Lane at 2686 North Park Lane. Smith moves to approve the consent agenda as written. Seconded by McLaughlin. ALL AYES... MOTION CARRIES. 4. UNFINISHED BUSINESS: NONE PUBLIC HEARINGS: A. A-02-18/RZ-02-18 — Annexation and Rezone from RUT (Rural -Urban Transition — Ada County Designation) to R -E (Residential -Estates) — Roy and Natasha Flook: Roy and Natasha Flook are requesting an annexation with rezone from RUT (Rural -Urban Transition — Ada County designation to R -E (Residential -Estates). The 5 -acre site is located on the north side of West Beacon Light Road at the northeast corner of the intersection of West Beacon Light Road and North Hartley Road at 6606 West Beacon Light Road. City Planner, Mike Williams, introduces the item at the request of the applicant. Williams provides a brief overview of the application. Chairwoman Johnson opens the Public Hearing. Mary Taylor, 3410 North Hartley Lane. Taylor supports the application, states that she and her husband have agricultural land to the north of the parcel and requests setbacks greater than those required by Eagle City Code to ensure that she is able to continue watering her property sufficiently. Roy Flook, 6606 West Beacon Light Road. The applicant responds to Taylor's request, and states that he does not feel that an increased setback is necessary. Page 1 of 6 K:\P&Z\MINUTES\2018\PZ-04-02-18m n.doc Flook responds to questions from the Commission. City Planner, Mike Williams, informs the Commission that a development agreement would be required to require increased setbacks. City Attorney, Cherese McLain, reminds the Commission that the Council will have the opportunity to hear the request for increased setbacks and can make a decision about the request at that time. Chairwoman Johnson closes the Public Hearing. General discussion amongst the Commission. Guerber makes a motion to recommend for approval A-02-18/RZ-02-18 with the recommendations that Staff included. Seconded by Smith. ALL AYES... MOTION CARRIES. B. A-01-18/RZ-01-18 & PP -01-18 — Hazen Ranch Subdivision — Bristol Company: Bristol Company, represented by Shawn Nickel with SLN Planning, is requesting an annexation, rezone from RUT (Rural -Urban Transition — Ada County designation) to R -E -DA (Residential -Estates with a development agreement), and preliminary plat approvals for Hazen Ranch Subdivision, a 17 -lot (17 -buildable) residential subdivision. The 35.18 -acre site is located on the east side of North Meridian Road at the southeast corner of West Caliber Court and North Meridian Road at 2044 and 2400 North Meridian Road. This item was continued from the March 19, 2018, Planning & Zoning Commission meeting. Shawn Nickel, SLN Planning, 247 North Eagle Road. The applicant's representative provides a brief overview of the application. Nickel responds to questions from the Commission. Chad Kinkela, CK Enginnering, 1300 East State Street, Suite 102. Kinkela provides information regarding the irrigation analysis. Kinkela responds to questions from the Commission. Nickel responds to questions from the Commission. City Planner, Mike Williams, provides a detailed overview of the application. Williams responds to questions from the Commission. Chairwoman Johnson opens the Public Fearing. Joe Watts, 2800 North Meridian Road. Watts supports the application and explains his concerns about sufficient water availability to the proposed subdivision. Watts responds to questions from the Commission. Wayne Slaughter, 1117 East Winding Creek Drive. Slaughter, the applicant, explains his support for the application and explains steps that have been taken to help mitigate concerns of the neighbors. Craig McClintock, 3054 West Caliber Court, President of the Catalpa Subdivision Homeowners Association. McClintock supports the application and states that Catalpa Subdivision has no issues or concerns with the subdivision and feels that Hazen Ranch Subdivision will be an asset to Eagle and to the Catalpa Subdivision. Mike Newell, 1616 North Clarendon Way, Canterbury Subdivision Homeowners Association. Newell states that Canterbury Subdivision Homeowners Association supports the proposed application, states that the applicant has been very responsive to concerns, and states that a request has been made of Ada County Highway District (ACHD) to install a stop -sign at the intersection of North Locksley Way and West Champagne Drive within Canterbury Subdivision. Page 2 of 6 KAPBZUAI N UTES\2018\PZ-04-02.18mi n.doc Cheryl Bloom, 2153 North Hollybrook Place, representing Kensington Meadows Estates Subdivision. Bloom explains her concerns about setbacks, possible disruption to existing wildlife in the area, and noise from surrounding neighborhoods. Bloom responds to questions from the Commission. Tom Brengle, 2475 North Sun Valley Place, Friends of Beacon Light Road. Brengle expresses concerns about increased traffic that will be generated by the proposed development, requests that the speed of growth be monitored, explains concerns about insufficient school facilities, and concerns about inadequate road infrastructure. Brengle responds to questions from the Commission. Rick McGee, 3030 West Champagne Court. McGee opposes the subdivision because Bristol Company is not the current owner of the site, expresses concerns about groundwater contamination and central sewer services. Anita Nikiforuk, 3030 West Champagne Court. Nikiforuk opposes the application due to additional traffic in her subdivision, concerns about dark -skies at night, noise generated by more people in the area, concerns about the density and lot distribution, requests that the easement along the southern border of the property be vacated, and requests large setbacks for the rear property lines. Nikiforuk responds to questions from the Commission. Shawn Nickel, the applicant's representative, provides rebuttal and responds to concerns raised during the Public Hearing. Chad Kinkela, the applicant's engineer, responds to questions from the Commission. Nickel responds to questions from the Commission. City Planner, Mike Williams, responds to questions from the Commission and provides clarification regarding multiple concerns raised during the public hearing. Chairwoman Johnson closes the Public Hearing. General discussion amongst the Commission. Smith makes a motion that item 5B A-01-18/RZ-01-18 & PP -01-18 — Hazen Ranch Subdivision be recommended for approval with following considerations: one was a revised pressure irrigation analysis report, and also that the rear setbacks be set to a minimum of 30 -feet without possibility of waivers. Also, site specific condition #7 — that the buffer zone be changed according to the request of the applicant but that the dimension be adjusted to 35 -feet. Seconded by Guerber. City Planner Mike Williams provides clarification regarding the motion: new site specific condition #19 will address the pressurized irrigation analysis; site specific condition #7 — staff will change it to read "The applicant shall provide a revised preliminary plat showing a 35 -foot wide easement area for the buffer area located adjacent to North Meridian Road; and new condition of development #3.8 will address the 30 -foot setbacks. ALL AYES... MOTION CARRIES. Chairwoman Johnson requests a recess at 7:55 P.M. Chairwoman Johnson resumes the meeting at 8:05 P.M. C. ZOA-01-18 — Zoning Ordinance Amendment — City of Eagle: An ordinance of the City of Eagle, Ada County, Idaho, replacing Title 8, Chapter 3, Section 5, Paragraph J, with "Oil and Gas Extraction", Definition, Purpose, Zoning Classification, Permit Requirement, Permit Application, Issuance of Permit, Site Design and Installation, and Waiver; replacing Title 8, Page 3 of 6 KAPUNI N UT ES2018\PZ-04-02-18min.doc Section 5, Paragraph K, with "Oil and Gas Post -Extraction", Definition, Purpose, Zoning Classification, Permit Requirement, Permit Application, Issuance of Permit, Site Design and Installation, and Waiver; amending Title 8, Chapter 2, Section 3 "Official Schedule of District Regulations"; providing a severability clause; and providing an effective date. The City of Eagle is conducting public hearings to consider adopting regulations and permitting requirements for oil and gas extraction and post -extraction activities within City limits. This includes emergency preparedness requirements and plans, water quality monitoring, mitigation and remediation, and other matters related to the health and safety of the public. City Attorney, Cherese McLain, briefly introduces the item. Rusty Coffelt, Fire Chief for Eagle Fire Department. Coffelt explains that he has discussed the ordinance with McLain, and states that the Fire District is in full -support of the specific paragraph related to fire protection discussed by McLain. Coffelt responds to questions from the Commission. City Attorney, Cherese McLain, provides a detailed overview and history of the proposed ordinance. McLain responds to questions from the Commission. Chairwoman Johnson opens the Public Hearing. Richard Bouzel, 117 North Binsberry Way, Star, Idaho. Bouzel expresses concerns about air and water protections, and explains that he is a candidate for State Senate District 14 and would be happy to raise the concerns about the ability of cities to regulate extraction and post -extraction with the legislature. Julie Fugate, 1861 NW 24" Street, Fruitland, Idaho. Fugate expresses concerns regarding oil and gas drilling, the impact on property values, potential contamination to surrounding areas, the requirement of automatic emergency shut-off valves, and encourages continued work on the ordinance. Fugate responds to questions from the Commission. Frank Wright, 1396 West Powder Court. Wright expresses a desire to see the most -restrictive language used in the ordinance, expresses concerns about the potential impact on water quality, and explains that standard Environmental Protection Agency (EPA) testing does not reveal certain chemicals often used in injection wells. Wright responds to questions from the Commission. Shelley Brock, 8770 West Chaparral Road, Citizens Allied for Integrity and Accountability (CAIA). Brock requests an additional minute of time for testimony, provides a document titled "Shelly Brock" to the Commission and staff, and references the provided document. Jonathan Seel, 2906 Haven Drive. Seel requests clarification regarding when the City will be required to be notified in case of leak, expresses concerns regarding fencing requirements, would like a requirement of one (1) required day of non -operation per week, and expresses concerns about potential water contamination. Jane Rohling, 582 Palmetto Drive. Rohling expresses support for an oil & gas ordinance, expresses a desire to see the term "economically remunerative" removed from the ordinance, and expresses concerns about water use and contamination. Rohling responds to questions from the Commission. Laurie Argabrite, 2463 East Heathfield Court. Argabrite explains that she moved from Detroit, Michigan, expresses concerns about water quality, would like the ordinance to prohibit disposal of injection well waste water, expresses concerns about truck traffic related to injection well, would Page 4 of 6 K:\P&Z\MINUTES\2018\PZ-04-02-18m n.doc like the ordinance to require porta-potties or other restroom facilities on sites, and inquires whether the City could lease a proposed well -site in Eagle to develop a dog park. Jim McMahon, 4238 North Triple Ridge Place. McMann provides examples of cities who have had water contamination issues and reports of higher incidences of childhood -cancer, and recommends establishing monetary requirements for permitting costs and monitoring costs. Joey Ishida, 2800 NW 4" Avenue, Fruitland, Idaho. Ishida explains that there are wells located within 1 -mile of his property, and states that his property value has decreased as a result. Ishida recommends that the City protect its residents by setting stringent requirements to prevent similar issues in Eagle. Isaac Hasselblad, 3439 North Shadow Hills Drive. Hasselblad explains that his land is leased and did not know it, inquires whether the City can require that residents be notified before their land is leased, requests that quarterly water quality testing be required for the duration of operations. Mark Spiegel, 4218 West Sly Fox Street. Spiegel requests that frequent independent water testing be required, recommends pre -extraction, during extraction, and post -extraction soil, air, and water quality testing, and expresses a need for specialized training for first responders in the event of a leak or emergency. City Attorney, Cherese McLain, responds to concerns raised during public testimony. General discussion amongst the Commission. Guerber makes a motion to continue item ZOA-01-18 the zoning ordinance amendment to the April 16" meeting for further consideration. Seconded by Smith. ALL AYES... MOTION CARRIES. 6. NEW BUSINESS: A. Election of Commission Vice -Chair. Guerber moves to elect Commissioner Johnson to Vice -Chair. Seconded by McLaughlin. THREE AYES (Johnson abstains)... N1OTION CARRIES. 7. REPORTS: A. Commission: Commissioner Smith requests clarification regarding applause during Public Hearings. B. City Attorney: None. C. Staff: None. 8. ADJOURNMENT: Guerber moves to adjourn. Seconded by Smith. ALL AYES... MOTION CARRIES. Hearing no further business, the Commission meeting adjourned at 10:03 P.M. Page 5 of 6 K:\P&ZWI N UT ES\2018\PZ-04.02-18mi n.doc RESPECTFULLY SUBMITTED: KRISTL D. CARON CLERK OF THE MEETING APPROVED: TRENT WRIGHT, CHAIRMAN AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT W W W.CITYOFEAGLE.ORG. Page 6 of 6 K AP& Z\M I N U T ES\2018\ PZ -04.02.18 m i n. d o c EAGLE PLANNING & ZONING PUBLIC HEARING SIGN-UP SHEET A-02-18/RZ-02-18 — Annexation and Rezone from RUT (Rural -Urban Transition — Ada County Designation) to R -E (Residential -Estates) — Roy and Natasha Flook: Roy and Natasha Flook are requesting an annexation with rezone from RUT (Rural -Urban Transition — Ada County designation to R -E (Residential -Estates). The 5 -acre site is located on the north side of West Beacon Light Road at the northeast comer of the intersection of West Beacon Light Road and North Hartley Road at 6606 West Beacon Light Road. April 2, 2018 ADDRESS/ TESTIFY? NAME (PLEASE PRINT) TELEPHONE/E-MAIL YES/NO PRO/CON 1 - 'tit It- � f ; % Oct [6, ��L C.- }v L v 10 1- -\ VIIP1M,P14( 3 tiA , ci ems f t✓ �,.- �� � � \IJ_ 4i6 EAGLE PLANNING & ZONING PUBLIC HEARING SIGN-UP SHEET A-01-18/RZ-01-18 & PP -01-18 — Hazen Ranch Subdivision — Bristol Comoanv: Bristol Company, represented by 'awn Nickel with SLN Planning, is requesting an annexation, rezone from RUT (Rural -Urban Transition — Ada County ,..,signation) to R -E -DA (Residential -Estates with a development agreement), and preliminary plat approvals for Hazen Ranch Subdivision, a 17 -lot (17 -buildable) residential subdivision. The 35.18 -acre site is located on the east side of North Meridian Road at the southeast corner of West Caliber Court and North Meridian Road at 2044 and 2400 North Meridian Road. This item was continued from the March 19, 2018, Planning & Zonilg Commission NAME (PLEASE PRINT) Shi4.>/-/ /'itc/CP I0 Elf\iff h/z I A- V Lc -7- / eM/6- %1'/cCL/mace 1 • 1 V» .J .s�ti. t4 April 2, 2018 ADDRESS/ TELEPHONE/E-MAIL TESTIFY? YES/NO PRO/CON C-3C.Al e 41 i r f�►G' L /- .6, f _.?. \)(' ---------11Z1) p.0 /ecu/r`t'( i II t \v4tt r.o LL .) • <<I7 C- 04.31 C GYe -' s A)5w1L1' Pico ce Th tft J 3°'511 4 Cln 115E R t% FtY& L jjo yrec ,i ,2Z? lee' Lt27J 5 /►re rr,irfTar ice �1r3/V V S T-1-0 . l d.IY • -ejL t1 •00 -"tui / Oikdo l ue . rt (i. l -,at meati 1 co.'% ' 5 IP rc, }'• ')�'� 22. f>1); ? -},v, f <Ji' 1 I) ' l i 'l ; ✓( tt:i (-1 _`1. h f "7 7 v EAGLE PLANNING & ZONING PUBLIC HEARING SIGN-UP SHEET ZOA-01-18 — Zonine Ordinance Amendment — City of Eaele:. An ordinance of the City of Eagle, Ada County, Idaho, ',lacing Title 8, Chapter 3, Section 5, Paragraph J, with "OiI and Gas Extraction", Definition, Purpose, Zoning —Lassification, Permit Requirement, Permit Application, Issuance of Permit, Site Design and Installation, and Waiver; replacing Title 8, Section 5, Paragraph K, with "OiI and Gas Post -Extraction", Definition, Purpose, Zoning Classification, Permit Requirement, Permit Application, Issuance of Permit, Site Design and Installation, and Waiver; amending Title 8, Chapter 2, Section 3 "Official Schedule of District Regulations"; providing a severability clause; and providing an effective date. The City of Eagle is conducting public hearings to consider adopting regulations and permitting requirements for oil and gas extraction and post -extraction activities within City limits. This includes emergency preparedness requirements and plans, water quality monitoring, mitigation and remediation, and other natters related to the health and safety of the public. April 2, 2018 ADDRESS/ NAME (PLEASE PRINT) TELEPHONE/E-MAIL f'/ 2 i'Z TESTIFY? YES/NO PRO/CON s 74(Je 1 `a I \h,d Z - l CSL A- CJ Lies. 1\10 " )1A r(1--;Lit—Vdfa& 2--(gc SA1/1k0/ No 1/7701 ti s 1211 kip,; 13C f✓ 6' (ieg/z_t_ 4/1 3 1-Y74,1 LA 1 A TA \ AA A 75-z 5 12 cvcIecA sc c��► y t34 14) fr « /r �r EAGLE PLANNING & ZONING PUBLIC HEARING SIGN-UP SHEET ZOA-01-18 — Zoning Ordinance Amendment — City of Eagle: An ordinance of the City of Eagle, Ada County, Idaho, "lacing Title 8, Chapter 3, Section 5, Paragraph J, with "Oil and Gas Extraction", Definition, Purpose, Zoning �.assification, Permit Requirement, Permit Application, Issuance of Permit, Site Design and Installation, and Waiver; replacing Title 8, Section 5, Paragraph K, with "Oil and Gas Post -Extraction", Definition, Purpose, Zoning Classification, Permit Requirement, Permit Application, Issuance of Permit, Site Design and Installation, and Waiver; amending Title 8, Chapter 2, Section 3 "Official Schedule of District Regulations"; providing a severability clause; and providing an effective date. The City of Eagle is conducting public hearings to consider adopting regulations and permitting requirements for oil and gas extraction and post -extraction activities within City limits. This includes emergency preparedness requirements and plans, water quality monitoring, mitigation and remediation, and other matters related to the health and safety of the public. April 2, 2018 ADDRESS/ TESTIFY? NAME (PLEASE PRINT) TELEPHONE/E-MAIL YES/NO PRO/CON L, c„A-, l\ 00/C1 1 1351 N) •P •j. �/:^irk.} r�.R ` �l • / 13 .267 ve4-6,G(„� cF N) 776 / c/o ,4( /74A LA?, _-s2( a7i1() /44- /3d/6S- t g37c3 yni c)40.VO o 16?-; i LI 1 1/14t -VA q°Ai --Dk.CL\tip.)7C •-v 1"i r • // Vt141 iep0 p EAGLE PLANNING & ZONING PUBLIC HEARING SIGN-UP SHEET ZOA-01-18 — Zonine Ordinance Amendment — City of Eagle: An ordinance of the City of Eagle, Ada County, Idaho, 'lacing Title 8, Chapter 3, Section 5, Paragraph J, with "Oil and Gas Extraction", Definition, Purpose, Zoning rrssification, Permit Requirement, Permit Application, Issuance of Permit, Site Design and installation, and Waiver; replacing Title 8, Section 5, Paragraph K, with "Oil and Gas Post -Extraction", Definition, Purpose, Zoning Classification, Permit Requirement, Permit Application, Issuance of Permit, Site Design and Installation, and Waiver; amending Title 8, Chapter 2, Section 3 "Official Schedule of District Regulations"; providing a severability clause; and providing an effective date. The City of Eagle is conducting public hearings to consider adopting regulations and permitting requirements for oil and gas extraction and post -extraction activities within City limits. This includes emergency preparedness requirements and plans, water quality monitoring, mitigation and remediation, and other matters related to the health and safety of the public. April 2, 2018 ADDRESS/ TESTIFY? NAME (PLEASE PRINT) TELEPHONE/E-MAIL SJ 1O PRO COQ co- EO4 N v✓ `�< ,9 ✓rte FR�z � L' J Shelley Brock (8770 W. Chaparral Rd., Eagle) Board member, Citizens Allied for Integrity and Accountability (CAIA) RECEIVED & FILED CITY OF EAGLE APR 0 2 2018 File: EAGLE CITY DRAFT ORDINANCE (P & Z Hearing 4/02/18) Router° • This draft ordinance is modeled closely to recently adopted Fruitland City Ordinance 629 - with a few key differences Q: Will this city ordinance also cover property owners in the area of impact? Q: Can the city require a signed statement of intent to execute a Road Mitigation Agreement with Ada County Road and Bridge Department prior to the start of either seismic or gas or oil well drilling operations? Q: Why is there still no section on Definitions? Not enough to refer to !DL. IDEQ & legislature - it needs to be spelled out. no confusion Applicant: any person, owner. operator. partnership, company, corporation and its subcontractors and agents who has an interest in real estate for the purpose of exploring or drilling for, producing, or transporting oil or gas. Operator: the person of record, that is responsible for and actually in charge and control of drilling, maintaining, operating, pumping or controlling any well including, without limitation, a unit operator. If the operator, as defined herein, for any well is not the lessee of any premises affected by the provisions of this chapter, then such lessee shall also be deemed to be an operator. In the event there is rio oil and gas lease relating to any premises affected by this chapter, the owner of the fee mineral estate in the premises shalt also be deemed an operator Well: An oil and gas well or an injection well, including but not limited to directional drilling wells (for example. any well hole drilled into the ground). EXTRACTION 2. PURPOSE (pg 2) identical to #629 except for highlighted tens The purpose of this ordinance is to provide, through zoning provisions, for the reasonable development of land for Oil and Gas drilling while providing adequate health, safety and general welfare protections of the City of Eagle residents. Accordingly, it is necessary and appropriate to adopt reasonable requirements for Oil and Gas resource development so that these resources can be obtained in a manner that is and that minimizes the potential impact on the residents of the City of Eagle. Nowhere in statute is there a requirement that cities and counties must assure operators will 'profit lucratively' from operations in their jurisdictions The city's duty is to protect Eagle residents and their property - both private and public - and Mayor Ridgeway and the entire council have made it crystal clear that they are deeply committed to doing exactly that Municipalities and counties have neither the obligation, nor the authority, to waive those protections in order to ensure more lucrative profit margins for private oil and gas companies PERMIT APPLICATION (pg 4: extraction, pg 11: post -extraction) f..A statement that the applicant will provide the operation's Preparedness, Prevention and Contingency Plan, approved by the applicable Fire District and Eagle Police Department, to the City of Eagle and all Emergency Responders at least 30 days prior to drilling of an oil or gas well and at least annually thereafter while drilling activities are taking place at the oil or gas well site. Drilling shall not commence until the City has approved the Plan. The Plan must contain the MSDS or similar disclosure for all chemicals used on site Such Plan must also contain a provision that upon the discovery of any oil and/or gas leak, spill, and/or emission release, the City must be notified and all operations must cease immediately until such equipment has been repaired and prior to operation, operator must submit certification from a licensed and qualified professional verifying that the equipment has been adequately repaired and the equipment is safe to return to service. Such certification will be reviewed by the City Engineer. The City must be notified regarding any modifications to operations or a change in the use of chemicals. PERMIT APPLICATION T ION (Pg. D) i. The appiic;arfisnag provide - prior to drilling - documentation of baseline water testincp on a minimum of two domestic wells, down gradient (one may be up gradient if two down well gradient wells do not exist), which wells shall be located within one-fourth of a mile of the well site. Applicant shall provide at least one test prior to drilling and conduct and provide test results every quarter for the first year of operation. Thereafter, such wells shall be retested at least bi- annually and the results submitted to the City. Depending upon the depth of the domestic wells selected for testing (be more specific), the City may require an additional monitoring well(s) at the well site (at applicant's expense). If two domestic wells are not found within one-fourth mile, the applicant shall install a monitoring well at the well site for such testing (also at applicant's expense). The depth of the monitoring well(s) shall be approved by the City and based on subsurface geology and aquifer information provided by the applicant (must be verified by IDWR). All monitoring wells shall also be approved by the Idaho Department of Water Resources. The following parameters to be tested, include, but are not limited to, water temperature, pH, specific conductivity, total dissolved solids, major ions, trace elements, radiochemical, and organic constituents as determined by the City Engineer. j. Non-reactive chemical tracers must be used in all drilling fluids. (Was an error in 629) Should read: PERMIT APPLICATION (Pg 12) ts' • ;t k. Automatic emergency shut off valves that can be operated remotely must be installed on drilling equipment ?r1-4 ----ss provided to city m. The applicant shall submit with application a certificate of comprehensive general liability insurance in the amount of no Tess than fifteen million dollars ($15,000,000) per occurrence with an aggregate of thirty million dollars ($30,000,000) and a company authorized to do business in the state of Idaho shall write the policy. The certificate shall rrii!ire at lust thirty Rill daY notice to the nits prior to terrnir»tinn of r•over�ga fpr nny reason. • As in 629 6: ISSUANCE OF PERMIT (pg 6) e. If temporary housing for well site workers is proposed on the well site, a plan showing the number and location of the units shall be provided to the City of Eagle. Temporary housing plans shall be in compliance with all applicable City of Eagle regulations. Fallon 1-10 Gas Well drilled by Alta Mesa on the banks and in flood plain of Payette River (multiple campers and trailers onsite for out-of-state workers) 7. SITE DESIGN AND INSTALLATION (pg 6) c. Setbacks/Location 629 reads, nearest property line of an existing structure'. i) Except as provided in I.C. 47-319, oil and gas wells, tank batteries and gas processing facilities shall not be constructed within one-half of a mile of an occupied structure, domestic water well, canal, ditch or the natural or ordinary high-water mark of surface waters or within a one-quarter mile of a highway. ii) Oii and gas weiis, tank batteries and gas processing facilities may be constructed less than one-half of a mile but more than one-quarter of a mile from an occupied structure, domestic water well, if the operator has obtained the express written permission from the owner of the occupied structure or domestic water well. 6. Site Design and Installation c. Setbacks/Location 629. of an existing church. school, hospital/medical facility, or places of assembly) i) Post -extraction facilities shall not be constructed within: one-half of a mile from a highway one -mile from an occupied structure, a water well, ditches or canals, an occupied school or hospital/medical facility church or places of assembly Fruitland ORD 629 SECTION 9. Oil and Gas Post -Extraction !n 629 1. Zoning Classifications: Oil or gas post -extraction facilities shall only be allowed in the Heavy Industrial Zoning District, subject to the standards listed herein. Such facilities are prohibited in all other Zoning Districts. Idaho Department of Lands - State owned Oil & Gas leases Pette tM- nd Hew) 1 th Nampa • Washington ♦ Gem k About 80,000 acres have been leased Auction October 19, 2016 Additional 4,404 mineral acres (Mostly roadways) ■ 7 Counties: Washington, Canyon, Payette, Gem, Cassia, Bonneville 10 State/Interstate Highways: I -84,U5 95, ID 19, ID 52, US 30, ID 72 * 2018 Lease auctions scheduled: January, April, July and October Idaho Counties •. • `•• State -Owned Mineral Leases Payette • '. (Approximately 80,000 mineral acres leased so far) Canyon , Next scheduled lease auction: Bonneville Ada •• Elmore January, April, July, October - 2018 :4, ,r; . .- 'v • ,•• ' ♦ •• • • •'h•.i '.• • •• • y•4, �•• •• •• • • •Owyhee • .•■t•Pipin■e• • • • •Cassia •• • \�j Bear Lake •• 4 • \ 4 • Idaho Depar ent of Lards map of Or/ & Gas leases • An independent, licensed third party shall be used to collect water samples under the supervision of a professional engineer or professional geologist. The water quality test shall be analyzed by a laboratory certified by the Idaho Bureau of Laboratories or certified by any other state granted primacy by the Environmental Protection Agency to provide said certification. The applicant shall notify the [Development Services Department] of the laboratory doing the domestic water source baseline testing. The applicant shall cause the laboratory to send via certified mail to the [Development Services Department] and the owners of any domestic water source tested copies of the baseline water quality test results within thirty (30) days of obtaining results of the baseline water testing. B. Water Test Parameters. Water tests shall be completed for the following: 1. Field parameters: a. Water temperature b. pH c. Specific conductivity 2. Specific conductivity and total dissolved solids. 3. Major ions: Chloride, Fluoride, Sulfate, Nitrate, Silica, Alkalinity, Calcium, Sodium, Potassium, Magnesium 4. Trace elements: Aluminum, Arsenic, Barium, Boron, Iron, Manganese, Selenium, Uranium, Iodine 5. Radiochemical: Gross alpha/gross beta radioactivity, in addition to uranium 6. Organics: BTEX (benzene, toluene, ethyl benzene and xylene), Methane, MTBE (Methyl tert-butyl ether) 7. Heavy metals, including but not limited to: Cadmium, Chromium, Lead, Mercury, Strontium, Vanadium 8. Compounds: Formaldehyde, Hydrofluoric acid, Nitrogen oxides pennsylvania 1 DEPARTMENT OF ENVIRONMENTAL PROTECTION Water Supply Determination Letters The following list identifies cases where DEP determined that a private water supply was impacted by oil and gas activities. The oil and gas activities referenced in the list below include operations associated with both conventional and unconventional drilling activities that either resulted in a water diminution event or an increase in constituents above background conditions. This list is intended to identify historic water supply impacts and does not necessarily represent ongoing impacts. Many of the water supply complaints listed below have either returned to background conditions, have been mitigated through the installation of water treatment controls or have been addressed through the replacement of the original water supply. This list is dynamic in nature and will be updated to reflect new water supply impacts as they are reported to DEP and a determination is made; however, the list will retain cases of water supply impacts even after the impact has been resolved. A rariartarl rnny of the Ulatpr ei innly riaterminatinn Iattpr/nrriar ran hp viewed by clicking r n thp "rmmrlaint #" or "ORDER" cell in the table. Each row on the list represents a single water supply determination. A single water supply determination may be represented by multiple "Complaint #s" (i.e., when more than one Complaint # is included in the same row) and, conversely, separate water supplies may be identified using the same "Complaint #" (i.e., when multiple rows list the same Complaint #). The list also identifies the municipality and county where each water supply is located along with the date of the water supply determina ion letter or the date the order was issued. DOGO I Complaint # County Twp/Boro Date Letter Sent 1 East 258482 Susquehanna Dimock Jan. 2009' 2 East ORDER Susquehanna Dimock 12/15/2010 3 East ORDER Susquehanna Dimock 12/15/2010 4 East ORDER Susquehanna Dimock 12/15/2010 5 East ORDER Susquehanna Dimock 12/15/2010 6 East ORDER Susquehanna Dimock 12/15/2010 7 East ORDER Susquehanna Dimock 12/15/2010 8 East ORDER Susquehanna Dimock 12/15/2010 9 East ORDER Susquehanna Dimock 12/15/2010 10 East ORDER Susquehanna Dimock 12/15/2010 11 East ORDER Susquehanna Dimock 12/15/2010 12 East ORDER Susquehanna Dimock 12/15/2010 13 East ORDER Susquehanna Dimock 12/15/2010 14 East ORDER Susquehanna Dimock 12/15/2010 15 East ORDER Susquehanna Dimock 12/15/2010 16 East ORDER Susquehanna Dimock 12/15/2010 17 East ORDER Susquehanna Dimock 12/15/2010 18 East ORDER Susquehanna Dimock 12/15/2010 19 East ORDER Susquehanna Dimock 12/15/2010 20 East 258959 Susquehanna Lenox 5/27/2009 21 East 258960 Susquehanna Lenox 5/27/2009 22 East 23 East 24 East 25 East 26 East 27 East 28 East 29 East 30 East 31 East 32 East 33 East 34 East 35 East 36 East 37 East 38 East 39 East 40 East 41 East 42 East 43 East 44 East 45 East 46 East 47 East 48 East 49 East 50 East 51 East 52 East 53 East 54 East 55 East 56 East 57 East 58 East 59 East 60 East 61 East 62 East 63 East 64 East 65 1East 66 'East 67 I East 68 East 2.59175 260999 260999 2.60999 263337 263337 263337 265150 265150 268097 269945 272059 272604 273310 273310 273310 273350 273403 2.73463 273868 274088 274465 274348 274484 274484 274484 274484 2.74484 274484 274484 2.74977 2.75203 275203 275524 285034 275545 2.75833 275834 275834 275992 2.76069 276819 2.77315 277726 277775 277902 277927 278614 279070 Tioga Tioga Tioga Tioga Susquehanna Susquehanna Susquehanna Lycoming Lycoming Susquehanna Bradford Bradford Bradford Bradford Bradford Bradford Bradford Bradford Wyoming Bradford Bradford Bradford Bradford Bradford Bradford Bradford Bradford Bradford Bradford Bradford Bradford Bradford Potter Potter Bradford Bradford Bradford Bradford Bradford Bradford Bradford Bradford Bradford Bradford Bradford Tioga Bradford Clymer Clymer Clymer Clymer Springville Springville Springville McNett McNett Rush Terry West Burlington Granville Terry Terry Terry Terry Terry Washington Orwell Tuscarora Tuscarora Wilmot Wilmot Wilmot Wilmot Wilmot Wilmot Wilmot Alba Boro Alba Boro Alba Boro Bingham Bingham Monroe Monroe Monroe Alba Boro Terry Alba Boro West Burlington Troy Wyalusing West Burlington Wyalusing Charleston Wilmot 11/12/20081 4/28/2009 4/28/2009 4/28/2009 9/9/2009 9/9/2009 9/9/2009 12/4/2009 12/4/2009 4/23/2010 2/7/2011 9/16/2010 9/2/2010 10/1/2010 10/1/2010 10/1/2010 11/15/2010 11/15/2010 4/8/2011 8/22/2011 3/25/2011 3/7/2011 11/10/2010 11/10/2010 11/17/2010 11/10/2010 11/10/2010 11/10/2010 11/10/2010 12/6/2010 1/3/2011 1/3/2001 4/20/2011 4/20/2011 12/3/2010 12/3/2010 12/3/2010 12/6/2010 12/7/2010 1/31/2011 6/18/2012 8/17/2011 10/24/2011 6/18/2012 10/24/2011 5/4/2011 5/16/2011 69 East 279442 Potter Allegheny 7/14/2011 70 East 279657 Wyoming Meshoppen 7/13/2011 71 East 279838 Lycoming Franklin 8/2/2011 72 East 280019 Lycoming Franklin 8/2/2011 73 East 28002.0 Lycoming Moreland 3/8/2012 74 East 280200 Bradford Smithfield 8/1/2011 75 East 280207 Bradford Stevens 2/20/2014 76 East 280209 Bradford Stevens 2/20/2014 77 East 280219 Lycoming Moreland 11/4/2011 78 East 280698 Bradford Orwell 11/7/2011 79 East 2.82014 Tioga Covington 11/1/2011 80 East 282304 Lycoming Moreland 11/4/2011 81 East 282431 Susquehanna Lenox 9/21/20111 82 East 284149 Clinton Grugan 1/17/2012] 83 East 284589 Susquehanna Rush 11/7/20111 84 East 285804 Bradford Asylum 1/6/20121 85 East 286295 Lycoming Moreland 9/5/20121 86 East 286302 Wyoming Nicholson 3/2/20121 87 East 2.86302 Wyoming Nicholson 3/2/20121 88 East 286490 Lycoming Moreland 9/5/2012] 89 East 286491 Lycoming Moreland 9/5/2012] 90 East 2.86551 Bradford Wysox 8/28/2013 91 East 2.86642 Bradford West Burlington 6/18/2012 92 East 286643 Bradford West Burlington 6/18/2012 93 East 2.86658 Lycoming Moreland 4/22/2013 94 East 287005 Tioga Delmar 5/16/2012 95 East 287198 Sullivan Elkland 9/9/2013 96 East 288376 Tioga Shippen 11/26/2013 97 East 2.89614 Clearfield Gulich 8/24/2012 98 East 289642 Bradford Leroy 8/13/20121 99 East 290009 Bradford Leroy 8/13/20121 100 East 290279 Bradford Leroy 8/13/20121 101 East 290453 Susquehanna Lenox 9/11/20121 102 East 291156 Bradford Leroy 8/13/20121 103 East 291551 Sullivan Forks 9/11/20131 104 East 291551. Sullivan Forks 9/9/20131 105 East 291602 Tioga Union 1/14/20131 106 East 291603 Tioga Union 1/14/2013] 107 East 291931 Susquehanna Bridgewater 5/22/20151 108 East 292.425 Susquehanna Jessup 1/14/20131 109 East 292459 Sullivan Forks 9/9/2013 110 East 2.92761 Bradford Armenia 4/12/2013 111 East 292819 Bradford Burlington 2/21/2013 112 East 293067 Lycoming Moreland 4/22/2013 113 East 293075 Bradford Springfield 8/4/2014 114 East 293597 Bradford Springfield 8/4/2014 115 East 293929 Bradford Warren 5/6/20141 116 East 294115 Bradford Wilmot 5/22/20151 117 East 294619 Susquehanna Dimock 10/22/2013 118 East 294741 Sullivan Forks 9/9/2013 119 East 295774 Wyoming Washington 8/28/2013 120 East 296362 Bradford Franklin 3/3/2015 121 East 297823 Susquehanna Lenox 10/11/2011 122 East 297824 Susquehanna Lenox 11/7/2011 123 East 297825 Susquehanna Lenox 3/2/2012 124 East 289029 Susquehanna Dimock 9/21/2011 125 East 298064 Bradford Springfield 8/4/2014 126 East 303704 Susquehanna Springville 5/14/2014 127 East 300692 Bradford Wysox 11/13/2014 128 East 301074 Susquehanna Dimock 10/28/2014 129 East 306750 Susquehanna Dimock 12/5/20141 130 East 308376 Susquehanna Bridgewater 12/29/2014 131 East 308529 Lycoming Eldred 12/12/2014 132 East 308755 Susquehanna Hartford 11/21/2014 133 East 308786 Bradford Herrick 2/11/2015 134 East 308946 Sullivan Cherry 2/11/2016 135 East 309245 Wyoming Windham 1/16/2015 136 East 309261 Lycoming Eldred 2/2/2015 137 East 301998 Susquehanna Springville 8/4/2015 138 East 310458 Susquehanna Hartford 5/19/2015 139 East 310486 Wyoming Washington 6/4/2015 140 East 311069 Lycoming Eldred 6/4/2015 141 East 312409 Suilivan Fox 7/10/2015 142 East 315196 Potter Sweden 10/27/2015 143 East 315269 Potter Eulalia 12/14/2015 144 East 315271 Potter Eulalia 12/14/2015 145 East 315272 Potter Sweden 10/27/2015 146 East 315337 Potter Eulalia 12/14/2015 147 East 315387 Potter Sweden 12/14/2015 148 East 315738 Sullivan Fox 11/13/2015 149 Northwest 250746 Venango Oakland 12/24/2007 150 Northwest 251599 Crawford Woodcock 1/30/2008 151 Northwest 252267 Erie Millcreek 4/11/2008 152 Northwest 252267 Erie Millcreek 4/11/2008 153 Northwest 252818 McKean Foster 4/4/2008 154 Northwest 253478 Forest Hickory 4/29/2008 155 Northwest 254802 Crawford Hayfield 5/22/2008 156 Northwest 254900 Forest Howe 7/24/2008 157 Northwest 256043 McKean Bradford 7/29/2008 158 Northwest 256642 Erie Waterford 10/8/2013 159 Northwest 257185 McKean Hamilton 9/12/2008 160 Northwest 257185 McKean Hamilton 9/12/2008 161 Northwest 257867 Jefferson Winslow 10/10/2008 162 Northwest 258217 Jefferson Clover 10/28/2008 163 Northwest 258396 McKean Hamilton 10/30/20081 164 Northwest 258396 McKean Hamilton 10/30/20081 165 Northwest 258483 McKean Foster 10/30/20081 166 Northwest 258484 Warren Sheffield 11/10/20081 167 Northwest 258625 Clarion Limestone 1/27/20091 168 Northwest 258625 Clarion Limestone 1/27/20091 169 Northwest 259040 Elk Jones 11/13/20081 170 Northwest 259064 Clarion Limestone 3/26/20091 171 Northwest 259354 261083 Jefferson Knox 3/27/20091 172 Northwest 260043 Warren Sheffield 12/23/20081 173 Northwest 260496 McKean Corydon 2/17/20091 174 Northwest 260565 Venango Cranberry 8/13/20091 175 Northwest 260916 McKean Foster 3/10/2009 176 Northwest 261105 Jefferson Oliver 4/2/2009 177 Northwest 262473 Warren Mead 8/3/2009 178 Northwest 262648 Jefferson Knox 5/27/2009 179 Northwest 262648 Jefferson Knox 5/27/2009 180 Northwest 262683 McKean Foster 6/1/2009 181 Northwest 262771 Jefferson Knox 7/13/2009 182 Northwest 263617 Warren Glade 2/18/2010 183 Northwest 263963 McKean Bradford 7/21/2009 184 Northwest 264898 McKean Bradford 3/5/2010 185 Northwest 265297 Jefferson Knox 9/11/2009 186 Northwest 265323 Clarion Elk 9/10/2009 187 Northwest 266017 Jefferson Warsaw 10/19/2009 188 Northwest 266591 Crawford Oil Creek 6/24/2011 189 Northwest 267033 Clarion Elk 1/15/2010 190 Northwest 267519 268448 McKean Bradford 12/11/2009 191 Northwest 267519 268448 McKean Bradford 12/11/2009 192 Northwest 267880 Clarion Elk 1/20/2010 193 Northwest 267880 Clarion Elk 1/20/2010 194 Northwest 269055 Forest Kingsley 3/22/2010 195 Northwest 269244 Warren Glade 9/27/2010 196 Northwest 271422 McKean Bradford 10/19/2010 197 Northwest 271490 Warren Sheffield 6/17/2010 198 Northwest 272189 Forest Hickory 8/2/2010 199 Northwest 272948 McKean Bradford 12/17/2010 200 Northwest 273024 Clarion Madison 7/18/2014 201 Northwest 273321 Crawford Spring 1/28/2011 202 Northwest 273460 McKean Corydon Oct. 2010 203 Northwest 274735 Elk Jones 12/23/2010 204 Northwest 276220 McKean Foster 2/9/2011 205 Northwest 276776 Forest Hickory 3/28/2012 206 Northwest 276776 Forest Hickory 10/20/2011 207 Northwest 276776 Forest Hickory 3/28/2012 208 Northwest 276776 Forest Hickory 3/28/2012 209 Northwest 276776 Forest Hickory 3/28/2012 210 Northwest 276776 Forest Hickory 3/28/2012 211 Northwest 276776 Forest Hickory 3/28/2012 212 Northwest 276776 Forest Hickory 3/28/2012 213 Northwest 276776 Forest Hickory 3/28/2012 214 Northwest 276776 Forest Hickory 3/28/2012 215 Northwest 276776 Forest Hickory 3/28/2012 216 Northwest 276776 Forest Hickory 3/28/2012 217 Northwest 276776 Forest Hickory 5/3/2011 218 Northwest 276823 Forest Hickory 5/4/2011 219 Northwest 277438 McKean Bradford 7/13/2011 220 Northwest 278982 Warren Pleasant 5/4/2012 221 Northwest 281151 Elk Jones 8/8/2011 222 Northwest 287891 Butler Winfield 6/4/2013 223 Northwest 288690 Butler Jefferson 11/5/2012 224 Northwest 289916 Clarion Toby 11/29/2012 225 Northwest 290406 Lawrence Pulaski 11/13/2013 226 Northwest 290406 Lawrence Pulaski 11/19/2013 227 Northwest 290406 Lawrence Pulaski 11/20/2013 228 Northwest 2.90406 Lawrence Pulaski 10/7/2013 229 Northwest 791029 Butler Winfield 9/7/2012 230 Northwest 292020 Warren Sugar Grove Sept. 2012 231 Northwest 293565 Warren Pleasant 1/4/2013 232 Northwest 294446 Forest Kingsley 7/19/2013 233 Northwest 294734 Warren Pleasant 7/11/2013 234 Northwest 294947 McKean Foster 8/28/2013 235 Northwest 296020 Butler Forward 8/28/2013 236 Northwest 297302 Elk Bennezette 12/10/2015 237 Northwest 297871 Clarion Porter 3/24/2014 238 Northwest 298337 Warren Glade 10/1/2013 239 Northwest 299917 Forest Kingsley 6/9/2016 240 Northwest 300296 McKean Lafayette Nov. 2013 241 Northwest 305257 Butler Connoquenessing 12/12/2014 242 Northwest 305506 Warren Mead 7/28/2014 243 Northwest 306890 Warren Farmington 10/28/2014 244 Northwest 307002 Venango Cranberry 12/9/2014 245 Northwest 307679 Jefferson Eldred 10/30/2014 246 Northwest 308544 Forest Kingsley 8/24/2016 247 Northwest 309793 Butler Oakland 12/10/2015 248 Northwest 309804 McKean Otto 3/9/2016 249 Northwest 311304 Lawrence Pulaski 2/2/2016 250 Northwest 314644 Lawrence Pulaski 6/9/2016 251 Northwest 314763 Butler Muddycreek 12/10/2015 252 Northwest ORDER McKean Bradford 2/23/2010 253 Northwest ORDER McKean Bradford 2/23/2010 254 Northwest ORDER McKean Bradford 2/23/2010 255 Northwest ORDER McKean Bradford 2/23/2010 256 Northwest ORDER McKean Bradford 2/23/2010 257 Northwest ORDER 258 Northwest ORDER 259 Northwest ORDER 260 Northwest ORDER 261 Southwest 2.81911 262 Southwest 28882.5 263 Southwest 791965 264 Southwest 294666 265 Southwest 301088 266 Southwest 302442 267 Southwest 306873 268 Southwest 309063 269 Southwest 310158 270 Southwest 314330 271 Southwest 314341 272 Southwest 314841 273 Southwest ORDER 274 Southwest ORDER 275 Southwest ORDER 276 Southwest ORDS R 277 Southwest ORDER 278 Southwest ORDER 279 Southwest ORDER 280 Southwest ORM R 281 Southwest ORDER 282 Southwest ORDER McKean McKean McKean McKean Indiana Greene Westmoreland Washington Westmoreland Westmoreland Westmoreland Westmoreland Westmoreland Greene Greene Washington Indiana Indiana Indiana Indiana Indiana Indiana Washington Fayette Indiana Greene 9/7/2016 Bradford Bradford Bradford Bradford West Wheatfield Morgan Donegal Cross Creek Donegal Donegal Donegal Hempfield Donegal Morga n Cumberland North Bethlehem East Wheatfield East Wheatfield East Wheatfield East Wheatfield East Wheatfield West Mahoning West Pike Run Jefferson Cherryhill Washington 2/23/2010 2/23/2010 2/23/2010 2/23/2010 8/30/2013 3/2/2015 6/4/2013 6/17/2013 12/16/2013 8/25/2014 12/5/2014 1/6/2016 3/20/2015 12/14/2015 10/27/2015 11/25/2015 9/2/2008 9/2/2008 9/2/2008 9/2/2008 9/2/2008 2/12/2008 3/27/2008 1/4/2008 1/15/2008 9/11/2014