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Local group sees proposed gas drilling as environmental threat

Click here or on the photo to zoom in

Below: Mt. Herman as seen looking west from the Woodmoor Lake Dam showing the approximate location of the two exploratory gas wells proposed by Dyad Petroleum. Photo by Chris Pollard.

Nearly 100 residents attended a public meeting on April 1 to hear a presentation by the newly formed Front Range Environmental Resource Coalition (FRERC) regarding the proposal by Dyad Petroleum of Midland Texas to drill two exploratory wells on the side of Mount Herman.

FRERC was recently formed by residents of the area adjacent to Mount Herman. They have started to gather information about the issues associated with gas drilling that are of concern to local residents and to communicate them to relevant parties. They also want to ensure that best efforts are made to ensure adequate controls.

Chris Amenson introduced the organization to the audience, and Fred Lanyon gave a description of the project. Dyad has leased 21,000 acres of the Pike National Forest, covering an area from several miles south of the northern border of the Air Force Academy to several miles north of Palmer Lake. The initial proposal is to drill two 8,000-foot directional wells from 5-acre pads just west of Mount Herman Road and Red Rocks Drive. The wells would reach under Mount Herman and the adjacent Raspberry Mountain. If gas is found, then there would be a 20-acre compressor site between the two wells.

The U.S. Forest Service is due to release its Environmental Impact Statement (EIS) draft within the next few weeks. Then there will be a 30-day public comment period, followed by a Forestry Service rework in response to comments obtained and then a final release of the EIS. Based on public comments, the Forest Service can approve or disapprove the permit or request further study.

Bill Benson then spoke about the process of drilling and the potential implications of the drilling, fracturing, and servicing of the wells. He noted that the area planned for drilling consists of porous rock, which allows water to travel through it into the various aquifers that supply the drinking water to area residents. For the Town of Palmer Lake, the leased area covers most of the catchment basin for surface water.

While there is some risk of a "blowout" in drilling, most of his concerns were directed to the problems of chemicals used in what is called the fracturing or "fracing" (pronounced fracking) process and chemicals released when the well is in production. In fracing, a process now used in the majority of wells, a usually toxic brew of chemicals is injected into the rock at very high pressure to create cracks and spaces for the gas to flow through to reach the well pipe.

Benson noted that there were several hundred chemicals that a driller could use, but there is no requirement for disclosing what they are. There is usually a protective casing for the upper part of the well to prevent groundwater interfering with the drilling operation. But in some cases, this is not sufficient to keep the fracing chemicals in the pipe, citing a testimonial from someone whose water well was blown out after fracing occurred 1,000 feet from their home. Benson cited several other people (all in Colorado) who said they themselves had been contaminated with these chemicals, from their well water or by surface spills and airborne contamination.

Gloria Lanyon gave a short case study on the town of Pinedale, Wyo., where she once lived. Located about 100 miles north of Rock Springs, the area was well-known for trout fishing and elk and moose hunting. Then gas was discovered nearby in 1975. There was little resulting activity until 1993, when the process of fracing started to greatly improve well productivity. She said the people there did not understand when the fracing started and were in general not friendly to environmentalists or the idea of protected areas. Because of the effects of fracing on the environment, they now support and welcome help from environmental organizations and believe that conditions would have gotten worse.

Pinedale newspapers have reported well contamination with hydrocarbons and high mountain lakes showing degradation from oxygen deficiency and acidification from the drilling and production emissions. (It should be noted that Pinedale is 20 miles from the Jonah main well field, not immediately adjacent to developed areas.) The region’s air, which Lanyon believed to be once among the nation’s cleanest, has now turned to a common brown haze; she said two ozone advisories were issued in just one month in 2008. Where there were once only proposals for 500 wells, there are now 3,100 wells.

Amenson noted that representatives from Dyad had been invited to the meeting but had declined to attend, suggesting that it was premature because no permit had been granted. Several residents volunteered to help in planning and producing comments when the EIS statement is issued.

The FRERC has a Web site, http://frerc.org, where a copy of the evening’s presentation was to be posted.

Web site exclusive. Below: Map of pipeline route alternatives.

Click here or on the map to zoom in or download the map

At the March 10 meeting of the Pikes Peak Regional Water Authority (PPRWA), Boyle Engineering representatives Steve Price and Mary Williams Stahl presented an update on their engineering study for the project proposed to transport as much as 50,000 acre-feet of water per year north to the Tri-Lakes area from fallowed fields on farms along the lower Arkansas River. An acre-foot is 326,851 gallons.

The current members of the authority are the Cherokee Metropolitan District, the City of Fountain, the Donala Water and Sanitation District, the Town of Monument, the Town of Palmer Lake, the Triview Metropolitan District, and the Woodmoor Water and Sanitation District.

The Boyle study is considering various alternatives including the amounts of water to be transported, pipeline routings, and treatment locations.

1. 6,735 acre-feet per year to address just the projected needs in the Tri-Lakes area.

2. 15,235 acre-feet per year to address Tri-Lakes area needs as well as the needs of the Fountain and the Cherokee District.

3. 50,000 acre-feet per year to provide additional capacity to serve other areas as a way to share the cost of construction and operation.

1. A western alignment 76 miles long.

2. A central alignment 83 miles long.

3. An eastern alignment 111 miles long.

In each case, for 15,235 acre-feet per year, 6 pump stations will be required and, depending on the alignment chosen, the construction cost will vary between $130 million and $175 million. Each alignment has different issues such as the availability of utility easements and the number of stream crossings.

1. All storage at Stonewall Springs near Pueblo. Treatment near Stonewall Springs.

2. All storage in the Tri-Lakes area with water treatment near Stonewall Springs.

3. Storage in the Tri-Lakes area and at Stonewall Springs. Treatment near Stonewall Springs.

4. Storage in the Tri-Lakes area and at Stonewall Springs. Treatment near Fountain.

Tri-Lakes area storage is currently assumed to be on the Younger Ranch on Highway 83.

Water treatment is needed to address water quality concerns that include salinity, selenium, iron, sulfate, pharmaceuticals, and radionuclides. The study is currently assuming that water treatment using reverse osmosis will be required.

Preliminary cost estimates:

These figures exclude land acquisition, permitting, and the cost of water but include installation of pipe and construction of pump stations, water treatment plants, and storage facilities. Price emphasized that these figures are subject to change as the study proceeds. He said that at this stage of analysis, alternatives 1, 3, and 4 are essentially identical in cost.

An estimate of annual operating and maintenance costs is being developed.

The draft report is due in mid-April.

Copies of the final WIPS report have been distributed to the members and can be purchased for $100 from the PPRWA. An electronic copy is to be posted on the PPRWA Web site but, as of press time, had not yet been posted. The final cost for the WIPS study totaled $274,043.

At the February 8 PPRWA meeting, Jon Ford, groundwater hydrologist and vice president of Leonard Rice Engineers, presented a proposal to refine the WIPS projections of local supply and demand though 2025 based on:

Ford estimated the study would cost less than $50,000.

At the March 10 PPRWA meeting, representatives of Monument, Palmer Lake, and Triview announced that they would not be contributing toward the cost of the study. Since the results would not apply to Fountain or the Cherokee district that would leave just the Donala and Woodmoor districts to pay for the study so the proposal was tabled.

The Donala district subsequently announced that it will have the firm do a similar study covering just the Donala district.

Executive sessions to address preparations for negotiations were held at the beginning and end of the public session.

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The next regular meeting of the PPRWA will be held April 16 at 8:30 a.m. at Monument Town Hall, 166 Second Street. The meetings are normally held on the third Wednesday of each month at 8:30 a.m. The PPRWA Web site is www.pprwa.com. 

At the March 19 meeting of the Pikes Peak Regional Water Authority (PPRWA), the group decided to form two committees: One to pursue a source of renewable water and one to look at ways of coordinating local operations.

The current members of the authority are the Cherokee Metropolitan District, the City of Fountain, the Donala Water and Sanitation District, the Town of Monument, the Town of Palmer Lake, the Triview Metropolitan District, and the Woodmoor Water and Sanitation District

The renewable water committee consists of representatives of the Cherokee district, Fountain, Monument, and the Woodmoor district.

The local operations committee consists of representatives of the Donala district, Monument, Palmer Lake, the Triview district, and the Woodmoor district.

Phil Steininger, president of the PPRWA and general manager of the Woodmoor district, distributed draft copies of a paper on regional collaboration in which he suggests formation of a metropolitan water district to own, operate, and administer new facilities such as a major supply or water treatment project. In a separate concept paper, Steininger suggests consolidation of administration and operation of the local districts. The two papers were assigned to the local operations committee for discussion.

Gary Barber, manager of the authority, reported that Colorado HB08-1141, which would require developers to identify a sustainable water supply for their developments, has "hit an impasse." Colorado SB08-119, which originally would have authorized the use of cisterns to collect rainwater from up to 3,000 square feet of roof on a single-family primary residence, has been amended to conduct a test to assess potential impacts to water rights holders. The amended bill has passed the house and been introduced in the senate.

Rocky Wiley of Rothberg, Tamburini, and Winsor (RTW) Engineering, reported that the application seeking a $60,000 grant to develop a comprehensive coordinated conservation plan is nearly complete. He noted that he is awaiting letters of support from Triview and Palmer Lake. All the PPRWA members except Cherokee had previously agreed to supply a letter of support. Cherokee has been pursuing approval of its own separate conservation plan.

City of Fountain utility director Larry Patterson passed around a map showing new developments in Fountain. The map showed over 16,000 lots of new developments, most of which are residential.

Larry Bishop, manager of the Woodman Hills Metropolitan District and former manager of the Triview district, said that Woodman Hills currently has about 2,400 taps with an anticipated 4,500 at full build-out. He announced that a group called Falcon Area Service Providers has been formed. It includes Woodman Hills; Falcon Highlands Metropolitan District; Paintbrush Hills Metropolitan District; Meridian Service Ranch Metropolitan District, which is expected to grow to as many as 10,000 taps; and Four Way Ranch, which currently has one house but is expected to grow to as many as 12,000 taps. He said all of the districts are dependent on Denver Basin groundwater. He added that many of the wells in that area produce as little as 20-50 gallons per minute. He said the group is "very interested in what the [PPRWA] is doing." He announced that Woodman Hills will be applying for PPRWA membership.

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The next regular meeting of the PPRWA will be held April 16 at 8:30 a.m. at Monument Town Hall, 166 Second Street. The meetings are normally held on the third Wednesday of each month at 8:30 a.m. Most of the meetings are held at Monument Town Hall; however, the meeting June 18 will be held at the City of Fountain office, 116 S. Main in Fountain and the meeting October 15 will be held at the Cherokee Metropolitan District office, 6250 Palmer Park Blvd. in Colorado Springs.

The PPRWA Web site is www.pprwa.com. 

Two local districts part of pilot water conservation program'

Water conservation has become more than just a matter of limiting your sprinkler time to three days a week during a dry spell. With aquifer levels dropping and additional housing developments on the horizon—and considering our low precipitation totals even in a good year—we are witnessing the beginning of an era when our available water from the aquifers and local reservoir and river systems is seriously threatened.

Pikes Peak Regional Water Authority recently released the Water Infrastructure Planning Study (WIPS) report, which projected a shortfall of water by 2020 of about 2,100 acre-feet per year without substantial improvements in conservation and efficiency. An acre-foot is 326,851 gallons. Current water demand by the seven WIPS participating districts is approximately 4,200 acre-feet per year; by 2020, the projected demand is approximately 7,500 acre-feet per year.

In addition, according to Donala Water and Sanitation District, water rates could double or quadruple during the next eight years, depending on how regional water agencies solve water access and delivery challenges.

Among the report’s recommendations is that all water providers immediately implement conservation programs to reduce overall demand.

El Paso County agencies, developers, contractors, and other professionals have formed an informal, solutions-oriented partnership to address water conservation. The program, called Water Returns, seeks homeowners in participating communities who are interested in becoming educated about landscaping practices that decrease water use, improve aesthetics, and enhance property values, while conserving water. Residents can choose to install new landscape, make significant renovations to existing landscape, or do simple retrofits or improvements to existing landscape.

The program is being coordinated by Cherokee Metropolitan District, which notes that "Coloradoans spend about half of their water on outdoor irrigation. There’s a better answer than just spending more money to buy more water." It’s estimated that easily applied, yet attractive landscaping practices can result in water savings of around 30 percent.

The Donala and Woodmoor Water and Sanitation Districts are among the 10 county water districts that have signed up for the Water Returns pilot project. Each district is seeking six customers who will volunteer to attend four workshops, offer their yards for xeriscaping (water-conserving landscaping) efforts, and agree to be the neighborhood "experts." Both districts will pay their registration fees and are offering to pay 25 percent of the participants’ landscaping costs, up to $2,000.

The workshops will be held from 8:30 a.m. to noon on April 26, May 31, June 28, and Sept. 27 at the Cherokee district offices, 6250 Palmer Park Blvd. Training in xeriscape techniques as well as resources and support will be provided by Colorado State University Extension. CSU volunteers will maintain a help hotline to assist the homeowners throughout the project.

After the training is complete, Donala says these residents will be asked to be the district’s "poster children" for landscaping ideas and will hopefully help neighbors as they seek to enhance their own landscaping.

Interested Woodmoor and Donala residents should contact their respective districts for further information. To learn more about the program, visit www.cherokeemetro.org. 

Each water district has its unique challenges, and residents can help reduce water use by reading up on a program called "Water—Use It Wisely," a national comprehensive water conservation campaign. The campaign has grown to include more than 200 organizations around the country.

Over the next few months, OCN will be highlighting water issues as well as conservation tips, which can be found at the program’s Web site, www.wateruseitwisely.com, "100 Ways to Save Water." Here are 10 tips from that site:

1. If you use a broom to sweep your driveway and sidewalk instead of hosing them down, you can save up to 80 gallons of water every time.
2. Replacing a flower or shrub with a low-water-use plant for year-round landscape color can save up to 550 gallons each year.
3. Put food coloring in your toilet tank. If it seeps into the toilet bowl, you have a leak. It’s easy to fix, and you can save more than 600 gallons a month.
4. Plant during the spring or fall when the watering requirements are lower.
5. Keep a pitcher of water in the refrigerator instead of running the tap for cold drinks, so that every drop goes down you, not the drain.
6. Keep a bucket in the shower to catch water as it warms up or runs. Use this water to flush toilets or water plants.
7. Use the garbage disposal sparingly. Compost instead and save gallons every time.
8. Drop that tissue in the trash instead of flushing it and save gallons every time.
9. Collect the water you use for rinsing produce and reuse it to water houseplants.
10. Use a layer of organic mulch around plants to reduce evaporation and save hundreds of gallons of water a year.

For a national perspective on the issues of water, you may wish to review the following:

1. The Great Lakes Water Wars, by Peter Annin (2006): This book notes that even in the area of the world with the largest amount of available freshwater, contention for water abounds.
2. "Options Running Dry," Milwaukee Journal Sentinel, www.jsonline.com/story/index.aspx?id=731125:  This article, posted on March 23, 2008, describes the water shortages faced by the Southeast, in particular the Atlanta metro area, and the concern over water diversions within and from the Great Lakes Basin.
3. U.S. Drought Monitor, http://drought.unl.edu/dm/monitor.html: This Web site, maintained by the National Drought Mitigation Center at the University of Nebraska-Lincoln, provides a map of current drought conditions and links to information on preparing for and mitigating drought, along with a gallery photos of drought conditions from various states.

With House Bill 08-1259 no longer a threat to the proposed merger between Academy and Donala Water and Sanitation Districts, debating the details of the intergovernmental agreement (IGA) dominated the business at hand for the Academy board. Clauses in the bill, which was in committee in the Colorado Legislature, had proposed dictating whom districts could service; those clauses were removed after numerous complaints.

Discussion about problems with the February IGA proposal was similar to last month’s: "It still comes down to the money," said Academy’s attorney Paul Murphy, referring to the funds that Donala wants to keep versus what Academy needs to operate until 2014. That’s the date the district’s general obligation bond would be paid off and the two districts would be legally allowed to merge.

Operations money comes from Academy’s mill levy and would be needed to pay for things such as insurance, audits, elections, board member meeting fees, and future membership in a metropolitan water district if one is organized. The board wasn’t clear if those expenses would be absorbed by Donala or be paid by Academy.

At this point, according to the IGA, the total estimated cost to Academy for joining with Donala would be $1.265 million. That would pay for Academy’s lift station, connecting the water distributions system, and abandoning Academy’s sewer treatment plant.

The IGA calls for Academy’s assets — such as the tanks, pump house, and property — to be turned over to Donala upon merger. Richard DuPont, president, said he thinks Academy ought to be able to retain the right to sell those assets prior to dissolution. The IGA now calls for water rights to be conveyed to Donala in 2014.

In response to a concern by a resident about the water rights, Jerry Jacobson, the district’s operator, discussed the scope of the issues and costs. "We have the alluvial wells and x-amount of water in those. And the Dawson-Denver that we’re pumping, and there’s x-amount of water there. The Arapahoe is much deeper than the Denver, so it costs a lot more to drill it and pump it," he said. The wells can be problematic. He pointed to an Arapahoe well drilled by Donala that has "radiological problems" and an Arapahoe well drilled by Forest Lakes Metropolitan District that has "radioactive issues."

Murphy added that the Laramie Fox-Hills aquifer is "poor quality and is much deeper, so generally nobody uses it for things like drinking water."

"So," Jacobson continued, "you can have water rights, but to obtain that water, there’s some risk involved. You can drill a well that doesn’t produce or is radioactive or requires further treatment."

He noted other things that are changing. "We used to use our shallow wells as much as we could. However, new regulations have come down from the state that require more testing. And those wells can have organic carbon (not contamination) in that water that reacts with chlorine to form a byproduct — so that all of a sudden limits how much you can use that water. Those wells will probably come under the surface water rules in 2009," which will require cryptosporidium tests that will cost $2,500 to make sure those wells aren’t contaminated with it.

The expenses don’t end there. "Since we can’t pump shallow wells as much (those are 5 horsepower pumps), we have to pump 50 horsepower (for deeper wells) instead. Of course, power costs are going up," Jacobson said. "As far as (building a new) wastewater plant … we’d have hurdles to jump there, too, as far as getting our site application approved because we are so close to another district….

"Everything is getting a little more complicated as time goes on. That’s what’s driving this. Another big factor is the availability of certified operators. They’re getting harder to come by." But the upgraded wastewater treatment plant would require a higher certification than the current plant, and "the state will fine you $300 a day if you don’t have certified operators."

"There’s not a dollar amount put on some of these things, so they’re not entered into the equation," Jacobson said, which prevents residents from seeing the whole picture of the cost of consolidation versus going it alone.

Costs to handle many of these things would bump up the $700,000 estimate Academy had gotten for building its own wastewater treatment plant.

Because several homes experienced extensive damage and high water bills because of frozen pipes this winter, the board suggests that residents take precautions if they are planning to be gone during the winter. They request that residents turn off water to the house, to prevent wasting water while the house is empty, or have someone monitor the house while they are gone. Water left on without heat in the house will cause frozen and burst pipes. When the pipes thaw, the ice that was plugging the pipe melts, and water starts to flow at a high rate. This wastes water and causes considerable property damage.

Jacobson reported that the water system was "operating okay and in good repair." He said he received a call from one resident about discolored water. He said the resident contacted his neighbors, but no one else was experiencing this problem, which Jacobson found unusual.

Jacobson wasn’t sure why the water was discolored. He flushed several hydrants and "took the precaution of draining the recycle tank (where the backwash water from the filters go). … If that water is allowed to settle out and pumped back to the plant … sometimes I wonder if there can be color in that water that causes that. The problem is, by the time I learn about it, it’s all gone." His efforts resolved the resident’s discoloration issue.

He reported that Well 1 did not need a new pump and is working. The meter quit working in Well 3, so he bought parts for it, instead of buying a new meter, saving the district about $1,900. Well 3 will be pulled to inspect the pump, motor and well casing.

Jacobson said the wastewater system test results are in compliance. He noted that this coincided with returning the blowers that aerate the wastewater lagoons to a timer, rather than having them running continuously because of concerns about freezing.

The board agreed to purchase two digital alarms, to replace the analog alarm system, for the water plant and tank site. The alarms would notify Jacobson if the water tanks are experiencing low pressure or a high or low tank level, as well as a power fault. He said the alarms would help him head off problems. "We did operate for quite a long time without alarms, but since we’ve installed them, they’ve alerted me to situations that I could respond to before things got out of hand. So it’s been worthwhile to have these alarms." Cost of each alarm upgrade is $250.

The other site needing a new alarm is the lower lift station, but because it overflows into Donala’s system the liability would be limited to paying Donala for the overflow. Jacobson said it was preferable that Academy monitor the lift station rather than be notified by Donala that there was a problem. Donala has a SCADA system that monitors overflows.

The May board elections have been canceled since there are no candidates running in opposition to the current members.

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The Academy Water and Sanitation District board usually meets at 7 p.m. the first Wednesday of every month at the fire station on Sun Hills Drive. The next meeting is April 2.

The April 2 meeting of the Academy Water and Sanitation District board yielded little new information about the merger with Donala Water and Sanitation District.

Treasurer Walter Reiss said he was told that the district can’t refinance its current bond, which is scheduled for payoff in 2014. The hope was that it could be refinanced with an earlier payoff date, to help in the merger effort. But he said the only option as far as paying it off early would be to survey all the bondholders to see if any are interested in selling off their bonds, which the board doesn’t consider an option. Following other business, the board went into executive session to discuss negotiation strategies.

Operator Jerry Jacobson gave an update on the current service being done on well 3, the oldest shallow well and the one that is pumped the most of the three wells. The well was pulled and videotaped. He was told the casing is sound, so the next step is to clean it and videotape it again and review what condition it’s in. He said he originally thought the well was to a point where it might need to be redrilled, but he said the company doing the work think it’s in good shape. The updated cost to clean, videotape, and reinstall well 3 is $2,850.

He added that it’s possible that a new pump and motor will be needed. The pump is "operable," but he noted that it’s a 10-year-old pump, which is a "good life expectancy." He said he’d know if these need to be replaced once the results of the cleaning are known.

"One of the reasons I’m looking at replacing it (the pump) is because I want to be able to operate both shallows at once," Jacobson said. "But we can’t do that. If we’re running well 3 and I turn on well 1, well 3 quits pumping and will trip out." The source of the problem hasn’t been determined.

He noted that all other water systems are operating fine and are in good repair. In addition, he said last month’s wastewater test results were in compliance.

The board is seeking a volunteer to serve as a director on the board. If you are interested, call the district’s office at 481-0711.

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The Academy Water and Sanitation District board meets at 7 p.m. the first Wednesday of every month at the fire station on Sun Hills Drive. The next meeting is May 7.

At the Donala Water and Sanitation District Board of Directors meeting March 19, Dana Duthie, Donala’s general manager, reported that the district is starting to test water for pharmaceuticals. He noted that the tests, to be done by an Underwriters Laboratory lab in Indiana, cost about $1,750 per sample and check for about 100 items.

The problem of pharmaceutical and personal care product (PPCP) contamination of drinking water has gained international attention. The Associated Press produced a series of articles on the topic. There is more information at www.ens-newswire.com/ens/mar2008/2008-03-10-099.asp. 

The following information is from Donala’s Web site:

"The products get there through the wastewater stream and have been detected in streams and rivers around the world. In some cases, hormonal changes in aquatic life can be traced back to PPCPs in their water. Although there is no proof that such pollution is harmful to humans, it just stands to reason that it could be. The EPA and state health departments have yet to determine what to do about this problem since it is a huge issue around the globe. More and more of these and other products are introduced to our streams and rivers through wastewater systems, and there are very few (if any) ways to treat for them.

The recent article in the Gazette stated that these products have also been detected in deep well water supplies like Donala’s. The article did not define ‘deep’ and we do not believe the products have transpired the 700 feet plus it would take to invade Donala’s supply, but we are testing for the products just in case. We are also testing the wastewater stream to get an idea of what kind of PPCPs and illegal drugs are being flushed down our system.

Please, if you can at all avoid it, do not flush pharmaceuticals, personal care products, and illegal drugs down the toilet."

The EPA has information at www.epa.gov/ppcp/, including a link to the following federal guidelines for proper disposal of prescription drugs:

Although there is currently no coordinated Tri-Lakes area take-back program, the pharmacies at King Soopers, Safeway, and Wal-Mart say they will accept and dispose of pharmaceuticals if requested by a patient. King Soopers pharmacy suggested those wanting to dispose of pharmaceuticals remove the label from the bottle, add water, cap the bottle, shake and then discard the bottle in the trash.

Some highlights of Duthie’s report for 2007:

Following the public meeting, the board went into an executive session to discuss personnel, negotiations, and water purchase issues.

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The Donala board will hold its next regular meeting on Wednesday, April 16 at 1:30 p.m. at the Donala office, 15850 Holbein Drive. Meetings are normally held at 1:30 p.m. on the third Wednesday of each month. The district’s Web site is at www.donalawater.org. 

At the Triview Metropolitan District Board of Directors meeting March 25, the board unanimously approved inclusion within the district of the Sanctuary Pointe project. The board also unanimously approved a substantial reduction in the impact fees charged for commercial, office, and industrial developments.

Board president Bob Eskridge and members Joe Martin, Robert Fisher, and Mark Veenendaal were present. Julie Glenn was absent.

The Monument Board of Trustees approved the Sanctuary Pointe project on November 20, 2006. The project is planned for up to 600 dwelling units on 460 acres north of Baptist Road near the Fox Run development.

District manager Ron Simpson noted that since Triview cannot issue any more debt he negotiated an arrangement with Classic Homes, the developer of Sanctuary Pointe, under which Classic will install $3 million in district water and sewer infrastructure needed for the project and the district will rebate 75 percent of the impact and inclusion fees that Classic pays when building permits are issued. The rebate will continue until Classic has received $3 million in rebates. After that, Triview will receive all of the impact and inclusion fees, which currently total $22,450 per dwelling unit.

A public hearing was held on the inclusion during which no members of the public were present.

Fisher identified some errors in Classic’s inclusion petition.

After further discussion, the board unanimously approved the inclusion subject to the fee rebate arrangement and revisions to the court order to correct the errors in the inclusion petition.

Simpson said work on the project might get underway in Spring 2009.

Simpson reported that the level of Triview’s current road and bridge impact fees is such that potential commercial users are dissuaded from locating within the district. He presented several alternative plans for reducing the fees and recommended a plan that would reduce the fees about 59 percent. After some discussion, the board unanimously approved the suggested reduction.

Tom Repp, Triview’s engineer and a project manager with Nolte, announced that he is leaving Nolte to work for the Colorado Springs Stormwater Enterprise. He introduced Will Kroger who is his replacement as district engineer.

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The Triview Metropolitan District Board of Directors normally meets on the fourth Tuesday of each month. The next meeting will be held April 22 at 5 p.m. in the district conference room, 174 Washington St. in downtown Monument. For information, phone 488-6868.

Below: County resident Georgia Ward’s ranch. Photos by Jim Kendrick.

Below: County resident Georgia Ward

Below: Aerial view of Willow Springs Ranch showing the relationship (clockwise from top left) to Tri-Lakes Wastewater Treatment Facility at the south end of Mitchell Avenue, the south end of Synthes Avenue inside the Synthes industrial park, the railroad tracks to the east, Baptist Road to the south, Forest Lakes subdivision to the southwest. Georgia Ward’s 40-acre ranch on Rickenbacker Avenue is southwest of the Watt home and ranch buildings and Monument Creek. Photo provided by land planning consultant NES, Inc.

Click here or on the drawings to zoom in, view the PD site plan, or download the drawings

Below: This drawing shows the relationship of the Ward residence on Rickenbacker Avenue and the Nasby residence on Spaatz Road to the proposed south end of Mitchell Avenue (top center) on the northeast corner of Ward’s ranch. It also shows the negotiated realignment of the collector segment of Forest Lakes Drive on the southwest corner of Ward’s ranch. Also shown is the changed route of the proposed trail system further away from the Nasby residence on Spaatz Road and the buffer of trees added between them. The dashed line for the previous proposed alignment of Forest Lakes Drive shows how short and direct the county’s connection to Rickenbacker Drive would have been had it not been dropped about 10 years ago. Drawing provided by land planning consultant NES, Inc.

By Jim Kendrick

On Mar. 3, the Monument Board of Trustees held a half hour "town meeting" to hear the comments of adjacent county property owners on town plans to extend Mitchell Avenue from the current dead-end next to the Tri-Lakes Wastewater Treatment Facility to Baptist Road. The town prefers to connect Mitchell to Forest Lakes Drive, which is currently under construction, to save money.

In response to the county residents’ comments, members of the board and staff reiterated that the Mitchell Avenue extension is an entirely separate issue from the Willow Springs Ranch annexation ordinance that was also on the agenda. Mayor Byron Glenn stated that the town has no funds available to pay for any of the proposed extension options within the next five years.

The board then held hearings on the final resolutions for annexing each of the two sketch Willow Springs Ranch filings as well as a hearing the planned development (PD) site plan for the Willow Springs Ranch development. The hearings on these two lasted about three hours and all three were approved. However, the board cut the maximum number of proposed homes in the sketch plan from 450 to 384 dwelling units. The developer, Infinity Land Corp., will pay a proportionate cost for a traffic signal at Beacon Lite Road and Second Street.

All seven board members were present for this meeting.

Background: The board had conditionally approved annexation of the first Willow Springs Ranch hearings on Feb. 4. The board also approved town PD zoning for the parcel after agreeing to annexation of the parcel. (See aerial view of the Willow Springs Ranch annexation on the right.)

However, the applicant’s request for a maximum density of 450 houses in the Sketch PD Plan was tabled on Feb. 4 at the request of Mayor Glenn due to the developer not having secured an adequate water supply. The available groundwater on the parcel is about 70 acre-feet less than the annual minimum supply requirement for 450 houses. While developer Paul Howard, CEO of Infinity Land Corporation had said that a "handshake agreement" had been made to purchase the additional water rights from Forest Lakes Metropolitan District, no contract had been signed.

Some trustees had also expressed concern on Feb. 4 that Howard had not met with some of the adjacent county property owners to address issues they had raised during public comments.

(For more background information on the Feb. 4 hearings, see www.ourcommunitynews.org/v8n3.htm#bot0204) 

Discussion: Glenn stated that the board had looked at funding availability for the Mitchell Avenue extension in detail in May 2007 as a part of the town’s five-year capital improvement program. The board determined that other expensive capital projects had a higher priority. No funding was allocated to the extension of Mitchell Avenue. "At this time, obviously, we have no plans to build this roadway. The town has a lot of priorities that are way ahead of Mitchell (Avenue). I just want to make that clear, that there is no intention to take anybody’s property or build a roadway."

Town Manager Cathy Green said four routes for connecting the south end of Mitchell Avenue to Baptist Road had been considered by the board and staff. She said that a key factor in the evaluation is that the southeast portion of Forest Lakes Drive is "almost complete, except for final grading and paving." This southeast segment of Forest Lakes Drive, a county road, was made part of the Willow Springs Ranch annexation at the town’s request. The relevant segment runs northwest from the west end of Baptist Road along the common boundary between the Forest Lakes and Willow Springs Ranch developments as shown on the sketch plan (See page 14.) When completed, this segment of Forest Lakes Drive will meet county standards for a minor collector road.

The options Green discussed were:

1. Mitchell Avenue could be extended straight south using donated right-of-way along the western boundary of the Willow Springs Ranch parcel, then in a southwesterly direction through the middle of county resident Georgia Ward’s 40-acre horse ranch to connect to Forest Lakes Drive. The new extension of Mitchell Avenue could also be constructed to meet county standards for a minor collector road at a cost of about $5 million.
2. Mitchell Avenue could be extended to the southeast, all the way to Baptist Road, entirely within the 259-acre Willow Springs Ranch property to the east of Ward’s ranch –– with no connection to Forest Lakes Drive – at a cost of about $10 million, including a 200-foot bridge. Green said this routing would needlessly duplicate the existing Forest Lakes Drive roadway.
3. The north end of Forest Lakes Drive could be connected the south end of Rickenbacker Avenue, at the southwest corner of Ward’s ranch, as originally proposed by the county in the 1990s.
4. The town had previously rejected a proposal for an alternative east-west collector road that would have connected the current southern dead-ends of Mitchell Avenue and Synthes Avenue to Old Denver Highway just south of the entrance to the Trails End Subdivision at the Wagon Gap Trail intersection. Green said that the cost for the bridge over the railroad tracks would be about $10 million to $11 million, not counting the other costs for right-of-way and paving for the roadway east of the railroad tracks to Old Denver Highway.

Ward and her late husband donated right-of-way to El Paso County along the western boundary of their ranch about 15 years ago for the specific purpose of connecting Rickenbacker Avenue to Forest Lakes Drive for an access to Baptist Road and I-25. Under the county’s plan at that time, Monument residents west of the railroad tracks could have driven to Baptist Road via Mitchell Avenue, Arnold Avenue, Fairchild Avenue, Chennault Road, Rickenbacker Avenue, and the future Forest Lakes Drive.

However, none of the existing residential roads meet county standards for a minor collector. Additional right-of-way would have been required. The county subsequently dropped this project about 10 years ago when neighboring residents of these rural residential roads complained at hearings about the right-of-way and additional traffic issues that would have been generated by this proposed connection to Baptist Road.

The sketch plan for Willow Springs Ranch already includes construction of part of this proposed east-west road –– from the south end of Mitchell Avenue eastward to the south end of Synthes Avenue, where the primary access to the north section of Willow Springs Ranch will be built. However, the northeastern portion of the Watt property between the tracks and Old Denver Highway was not purchased by Infinity. All of the 259-acre development annexed by the town is west of the railroad tracks.

Currently, the only I-25 access for houses along Mitchell Avenue is Second Street, through downtown Monument to Highway 105 at I-25 exit 161. However, Second Street traffic is blocked at the train crossing between Mitchell Avenue and Front Street every 20 minutes on average. Major northbound traffic backups occur on Mitchell when trains cross Second Street during early afternoon shift changes at the Synthes Avenue industrial park.

A Mitchell Avenue connection to Baptist Road would partially mitigate these delays. However the same trains would also block Baptist Road, west of the Old Denver Highway intersection. The county has long-term plans to build a Baptist Road bridge over the railroad tracks at an estimated cost of about $10 million using Pikes Peak Rural Transportation Authority funds.

Public comments: County resident Charles Carrico, who lives on Rickenbacker Avenue, said "I’ve got a simple question. Why? Why do you need that at all? The people who will live there shouldn’t be there because we’re all limited to 5 acres and (Willow Springs Ranch) snuck in five houses per acre … Why do they need a route that comes through our neighborhood and destroys our lives?"

County resident Sarah Nasby, who lives at the intersection of Spaatz Road and Rickenbacker, said that the Mitchell Avenue decision cannot be separated from the annexation decision for Willow Springs Ranch, regardless of the opinions of the developer’s and town’s traffic engineering consultants. . . These consultants said that Mitchell Avenue can handle a 50 percent increase in traffic at the Second Street railroad crossing that will be generated by the additional traffic from Willow Springs Ranch residents and the Empirical Testing Corp. facility proposed for the southeast corner of Mitchell and Synthes Avenues. Nasby also stated that traffic generated at the intersection of Mitchell and Arnold Avenues by the new Colorado Junior Volleyball Gymnasium "is a nightmare. It’s only going to get worse."

Nasby also requested that Mitchell Avenue be extended through the Willow Springs Ranch development. She said she had learned that Infinity had offered to pay for the right-of-way through Ward’s ranch, in addition to donating right-of-way within the development, even though Infinity was claiming that the development would have no impact on Mitchell’s level of service. Nasby said, "I’m sorry but a developer is not going to pay for that land, that right-of-way, if it’s got nothing to do with the development."

Georgia Ward said that the town’s map shows a requirement to build a 500-foot to 600-foot bridge over the creek, 100-year floodplain, and Preble’s meadow jumping mouse habitat on her property for the town’s proposed alignment. "I don’t understand" how that can be cheaper than the 200-foot bridge through Infinity’s property. She noted that she and her husband had given the county land for widening Rickenbacker –– "We weren’t paid for it or anything."

Later, county representatives told Ward that they "couldn’t afford" the cost of construction over the ravines on her property. "Those ravines are still there. I would really like to see the engineer’s estimate" of how they can come up with this road, she said, that is "cheaper than a road through a flat piece of land and a 200-foot bridge. I’d really like an answer for that."

Spaatz Road resident Steve Phillips said he does not believe that "for expediency’s sake, we’re willing to compromise individual freedoms and rights for a community benefit." He added that this sounded "a lot like communism" and "the needs of the many outweigh the rights of the few."

He asked how a monetary value could be put on what "we hold dear and true in this country … the rights of individuals to be free and safe and secure in the use of their lands."

Board comments: Mayor Byron Glenn stated:

Green said:

Director of Development Services Tom Kassawara noted:

Glenn added:

Trustee Steve Samuels observed that while the board understands the emotions of those who had spoken, it had to make a decision that was best for all town and county citizens affected by these development proposals. He doesn’t believe "eminent domain is a right or correct way to go" in "trying to judge what is wise or safe."

Trustee Tim Miller said that Ward had already donated land for the connection of Mitchell to Baptist and wanted to know the feasibility of connecting the south end of Rickenbacker Avenue to Forest Lakes Drive before condemning a strip through Ward’s ranch.

Ward asked how the town can take land outside its jurisdiction to build a road across the middle of her county property. which is in the county. She also asked how a new road through her property could cost less than improving already constructed roads that were part of the county’s proposal to use the existing roads between Mitchell and Rickenbacker.

Glenn said the town had made a presentation to the county’s Major Thoroughfares Task Force in February about building the road through her ranch, and would soon present the proposal to the county Planning Commission. The Planning Commission would then make its recommendation. The county would allow the town to build and maintain the road where it crosses county land in consultation with the county, similar to consultations on Old Denver Highway. Glenn also noted that the southeast segment of Forest Lakes Drive was part of the Willow Springs Ranch annexation and would be a town road as well.

Glenn added that the town had already purchased substitute Preble’s mouse habitat that could be set aside as a substitute for any habitat destroyed in constructing the bridge or roadway within Ward’s ranch. The bridge would span the full length of the floodplain.

Trustee Gail Drumm said that the town was making a mistake in annexing Willow Springs Ranch. The town was footing the bill to pay for all of the Mitchell Avenue extension and absorbing all the future maintenance costs of the county’s Forest Lakes Drive "to help out the developer." He said the county should pay the costs for extending Mitchell Avenue. "It’s the county’s job."

Town Attorney Gary Shupp noted that the U.S. and Colorado constitutions have provision for eminent domain as long as fair compensation is paid.

Green noted that an annexation resolution is the only type of resolution requiring a public hearing. Public hearings are required for ordinances. She noted that all the owners of the parcel had signed the application for annexation and both of the filings had satisfied the requirement for at least one-sixth contiguity with the existing town boundary. (The Planning Commission had approved the annexation by a 4-2 vote on Jan. 9. For details, see www.ourcommunitynews.org/v8n2.htm#monpc.)

County resident Steve Phillips questioned the documentation on how extension of municipal services to the property would be accomplished and paid for in the annexation impact report. He said the capital construction costs for a D-38 school were also not listed in the annexation impact report. He said the developer had not met the county’s 300-year water supply requirement.

Shupp said the state and town groundwater supply requirement is 100 years of water.

Trustee Tommie Plank responded that D-38 is responsible for building classrooms, not the town. When the preliminary and final PD site plans are submitted to the town, D-38 will provide comments on providing services to the residents of the parcel at that time.

Kassawara added that a new cash-in-lieu agreement had been negotiated with D-38 that increases the fee for each new home that will be collected by the town and forwarded to the school district to ensure that there is sufficient funding for future schools. The developer builds all municipal services to town, district, and utility company specifications, then turns them over at no cost to the entities.

Both resolutions for annexing the north and south filing –– with the same eight conditions of approval, that were approved on Feb. 4 by a 5-2 vote (Drumm and Miller opposed) –– were approved in turn this time by a 6-1 vote, with Miller opposed.

Kassawara and consultant land planner John Maynard, of NES Inc., gave similar presentations to the ones they gave at the Feb. 4 hearing that was continued. (For those details, see www.ourcommunitynews.org/v8n3.htm#bot0204)

The Planning Commission approved the sketch plan by a 4-2 vote on Jan. 9, expressing concerns about the additional traffic that will be generated on Mitchell Avenue. For details, see www.ourcommunitynews.org/v8n2.htm#monpc. 

Kassawara also discussed the changes that had been made to the sketch plan in the interim. Some of the items he noted were:

In his concluding remarks, Kassawara reiterated that the development does not require an extension of Mitchell Avenue to Baptist Road.

Developer comments: Howard noted that:

Howard said the following changes had been negotiated with the Nasbys: