Borough releases CBM ordinance

MAT-SU -- The Mat-Su Borough, Tuesday, released a 50-page document aimed at limiting the impact of coal-bed methane development in the Valley. Although the CBM conditional-use permit ordinance has gathered some support from those seeking more regulations protecting property owners in drilling situations, others are saying the ordinance may be too restrictive.

"I think there's a few things that need to be changed," said Mat-Su Borough Assembly Member Bruce Bush, who represents the Butte, Lazy Mountain, Sutton and the eastern portion of the borough. "It's kind of one-sided."

Friends of Mat-Su president Chris Whittington-Evans said he hasn't had much time to review the document, but he's hopeful the assembly will continue to pave the way toward protection for property owners.

"They are putting themselves in a vulnerable place in getting out there ahead of the curve and ahead of the legislation …" Whittington-Evans said. "But the borough is the last hope we have as far as relying on protection."

The ordinance, according to information from the Mat-Su Borough's Planning Department, was developed using information gleaned through the recent Department of Natural Resources public planning process and uses parts of ordinances developed in Lower 48 counties.

"We pulled ordinances from a lot of other states, and went to the state [DNR] meetings and listened," said Susan Dickinson, planning director for the Mat-Su Borough. "There are things that are the state's responsibility and things that aren't. We tried to address the things that are within the purview of local government."

A starting point

After its release at Tuesday's Mat-Su Borough Assembly meeting, which came as a surprise to some assembly members, the public comment process begins, albeit slowly, Dickinson said. The ordinance will go out to community councils for comments, then back to the planning department for revisions. After the revisions are made, the ordinance will go before the Mat-Su Borough Planning Commission. Dickinson estimated the document will reach the commission by mid- to late-summer, but it's likely it will see a lot of changes by then.

"This is a starting point for discussion -- some people think it's too lenient; others think it's too strict," Dickinson said. "These things take on a political life of their own -- that's where this is now."

The ordinance would require CBM developers to take part in a two-stage permitting process, with the first stage applying only to CBM exploration and the second to development and processing.

Five detailed plans would be produced by drillers as part of the application process: a master plan, an emergency response plan, an archaeological and historic preservation plan, a fish and wildlife mitigation plan and a groundwater and surface water monitoring plan.

In addition to the preliminary plans required, the ordinance has several development guidelines, including minimum well spacing of one well per 360 acres, or half-mile. Wells could not be placed on a lot smaller than 10 acres. Development must be 1/4 mile away from structures, property lines, streams, public facilities, schools, hospitals or churches. Noise, visual impacts, environmental impacts and surface disturbances should be minimized and a restoration plan must be in place.

Bush said he'd like to see more power to negotiate given to property owners. If a company proposes drilling near a barn, he said, he should be able to allow them to drill closer than 1/4 mile from the barn if he, as a property owner, doesn't mind.

"Landowners should have a little more say on what's going on their land than the borough," Bush said.

Corri Feige, manager of government affairs and public relations for Evergreen Resources Alaska Corp., said although she hasn't had a chance to go through the whole document yet, she sees a lot of similarities to ordinances Evergreen adheres to Outside. There are issues Evergreen may address, she said. In Colorado, Evergreen typically is able to place wells every 100 to 160 acres, for example, and although regulations often indicate greater spacing, the company is able to get variances allowing them to drill more closely. She said as a part of the document review, Evergreen will look into how variances would be applied for.

"In terms of the well spacing, we'll be looking at the working language," Feige said. "That takes it from being a document on paper to a working document."

Dickinson said variance language was not included in the draft ordinance, but may be added in the future. She said the borough planning department did not ask Evergreen for comments or suggestions to the plan during the drafting process, because staff sought to make a plan that would apply to all CBM developers, but will take their comments into consideration during the public comment period.

Feige, along with most who spoke about the ordinance said they were happy a starting point has been set.

"What I'm glad about is that we have a working document that we can look at and pull apart," Assembly Member Betty Vehrs said Friday. "There'll be a lot of input on this before it ever gets to the assembly, but I'm glad we have something tangible that the community can look at. It was a surprise, but a good one."

Copies of the plan should be available on the Mat-Su Borough Web site, at www.co.mat-su.ak.us, in the next week, according to Mat-Su Borough Manager John Duffy, but copies are available in the meantime through the planning department.

"I would encourage people to participate in the public process this summer," Dickinson said. "When the planning commission starts to hold their hearings, I want to encourage people to take part … don't just say you don't like it, but tell us how it should be different."

Contact Rindi White at rindi.white@frontiersman.com.