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TC Res. No. 2007-08 Protect Colorado's Natural Resources-21 TOWN OF AVON, COLORADO RESOLUTION NO. 07-08 SERIES OF 2007 Resolution to Protect Colorado's Natural Resources- Continuing Support for the Colorado Water Quality Control Commission WHEREAS, energy development is occurring at an unprecedented pace in Colorado and the Rocky Mountain West; and WHEREAS, drilling permits were issued in Colorado for 4,373 new oil and gas wells in 2005 and 5904 drilling permits were issued in 2006, and WHEREAS. the Energy industry predicts as many as 400,000 new oil and gas wells will be drilled in the United states over the next 15 years, many of which are expected to be located in this State; and WHEREAS, drilling pad construction disturbs soil and plants, spill fuel, solvents and chemicals into the soil and produce sediments that can pollute streams and lakes: and WHEREAS, storm water runoff in the form of rain and melting snow flowing across drilling pads and other construction areas associated with oil and gas operations can cause soil erosion, sending sediment into streams and rivers: and WHEREAS. water quality in Colorado streams ANrill decline due to increased storm water runoff. impacting aquatic life. irrigation and drinking water if storm water discharge from oil and gas development is not controlled: and WHEREAS, in spite of EPA reports that "siltation is the largest cause of impaired water quality in rivers" and that that "[e]rosion rates from construction sites are much greater than from almost any other land use, the federal government, having in the past regulated storm water discharges from oil and gas construction sites, is now largely precluded from doing so by the Energy Bill of 2005: and WHEREAS, in Januan, 2006, the Colorado Water Quality Control Commission overwhelmingly voted to retain its regulations to control storm water discharges from oil and gas construction sites by applying best management practices in spite of the federal exemption and is not precluded by the Energy Bill of 2005 from continuing to implement those regulations: and WHEREAS. all other industries and private citizens in Colorado must comply with Colorado Water Quality Control Commission regulations for stormwater discharges. which require the use of best management practices to control storm water runoff: and WHEREAS, the Colorado Oil and Gas Association and some individual operators are requesting exemptions from the Commission's regulation which are not based on sound science or policy. including exemptions for oil and gas construction sites that are more l,' than 50 feet from water of the state, and for sites where proof of impacts is not shown; and Whereas, the Water Quality Control Commission will hold an informational hearing in May of 2007 to evaluate these requests. NOW, THEREFORE, BE IT RESOLVED, that the Avon Town Council supports the Colorado Water Quality Commission's regulation of storm water discharges from oil and gas operations that affect one acre or more of land; and BE IF FURTHER RESOLVED, that the Avon Town Council calls on the Colorado Water Quality Control Commission to retain its current regulation of storm water discharges form oil and gas construction sites and reject proposed exemptions that are not based on sound science or policy. A BF t, PTE e 13'' day of M ch 2 07. A S F, CE I~ Ronald C. Wolfe, Mayor C®C ATTEST: 2z, c Pattenvy, o le Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Patty McKenny, Town Clerk Date: March 9, 2007 Re: Resolution No. 07-08 Please find attached Resolution to protect Colorado's Natural Resources that was reviewed at the February 274' meeting. Mayor Pro Tern Sipes asked that council take action on this topic. .r TOWN OF AVON, COLORADO RESOLUTION NO. 07-08 SERIES OF 2007 Resolution to Protect Colorado's Natural Resources- Continuing Support for the Colorado Water Quality Control Commission WHEREAS, energy development is occurring at an unprecedented pace in Colorado and the Rocky Mountain West; and WHEREAS, drilling permits were issued in Colorado for 4,373 new oil and gas wells in 2005 and 5904 drilling permits were issued in 2006, and WHEREAS, the Energy industry predicts as many as 400,000 new oil and gas wells will be drilled in the United states over the next 15 years, many of which are expected to be located in this State; and WHEREAS, drilling pad construction disturbs soil and plants, spill fuel, solvents and chemicals into the soil and produce sediments that can pollute streams and lakes; and WHEREAS, storm water runoff in the form of rain and melting snow flowing across drilling pads and other construction areas associated with oil and gas operations can cause soil erosion, sending sediment into streams and rivers; and WHEREAS, water quality in Colorado streams will decline due to increased storm water runoff, impacting aquatic life, irrigation and drinking water if storm water discharge from oil and gas development is not controlled; and WHEREAS, in spite of EPA reports that "siltation is the largest cause of impaired water quality in rivers" and that that "[e]rosion rates from construction sites are much greater than from almost any other land use, the federal government, having in the past regulated storm water discharges from oil and gas construction sites, is now largely precluded from doing so by the Energy Bill of 2005; and WHEREAS, in January 2006, the Colorado Water Quality Control Commission overwhelmingly voted to retain its regulations to control storm water discharges from oil and gas construction sites by applying best management practices in spite of the federal exemption and is not precluded by the Energy Bill of 2005 from continuing to implement those regulations; and WHEREAS, all other industries and private citizens in Colorado must comply with Colorado Water Quality Control Commission regulations for stormwater discharges, which require the use of best management practices to control storm water runoff; and WHEREAS, the Colorado Oil and Gas Association and some individual operators are requesting exemptions from the Commission's regulation which are not based on sound science or policy, including exemptions for oil and gas construction sites that are more 1. l Page 1 of 2 Patty McKenny From: Brian Sipes [brisico@gmail.com] Sent: Friday, February 23, 2007 9:30 AM To: Amy Phillips email; Dave Dantas email; Kristi.Ferraro email; Larry Brooks; Rich Carroll email; Ron Wolfe email; Tamra Underwood; Patty McKenny Subject: Fwd: QQ WQCC docs Attachments: DraftStormwaterResolution02O62007.doc; Revised Clean Copy.doc Attached are two documents from the QQ meeting as explained below. I would like us to consider a similar resolution in support of the WQC regulations. We can't forget what is upstream from us (eagle mine and Ginnturn) and I believe we should take all opportunities to support clean water wherever the threats are occuring. We just may need help someday ourselves. Patty, can you add just the draft resolution to the packet with the other QQ stuff? Thanks, Brian Forwarded message From: Shanna Koenig <gawater Acolorado.net> Date: Feb 22, 2007 3:19 PM Subject: QQ WQCC docs QQ Committee: I've attached two documents as follow-up to our QQ Board Meeting last week. One is the draft resolution pertaining to Oil and Gas Construction Stormwater Regulations. Again, this is a resolution is to show support of the Water Quality Control Commission's current regulations of Stormwater discharges from oil and gas operations. The Commission is holding an informational hearing in May of 2007 to discuss issues being brought forth by the Colorado Oil and Gas Association and some individual operators. Such issues include exemptions from the regulations. QQ is participating in the Water Quality Control Division's stakeholders group to ensure that the regulations stay in place. It was decided at the QQ Board meeting that QQ would sign a resolution, and ask that other members of QQ do the same. Also attached is the newly adopted state temperature standards "revised draft final document". If you have any questions pertaining to the interim standards or the site specific standards, please feel free to contact us. Sincerely, Shanna ;10 . 6 -o$ 2/23/2007 than 50 feet from waters of the state, and for sites where proof of impacts is not shown; and WHEREAS, the Water Quality Control Commission will hold an informational hearing in May of 2007 to evaluate these requests. NOW, THEREFORE, BE IT RESOLVED, that the 6k&4 ports the Colorado Water Quality Commission's regulation of storm water discharges from oil and gas operations that affect one acre or more of land ; and BE IT FURTHER RESOLVED, that the a* N*1 calls on the Colorado Water Quality Control Commission to retain its current regulation of storm water discharges from oil and gas construction sites and reject proposed exemptions that are not based on sound science or policy. Date