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BK -00027 PG -0898
<br />(12) "Well" shall mean any new or existing shaft or hole drilled, sunk, bored, or dug into the
<br />earth or into underground strata for the extraction, injection, or placement of any oil, liquid, or
<br />gas; or any new or existing shaft or hole drilled, sunk, bored, dug or used in conjunction with
<br />such extraction, injection, or placement of any oil, liquid, or gas using hydraulic fracturing,
<br />fracturing, or fracking methods. The term "well" does not include any shaft or hole drilled, sunk,
<br />bored, or dug into the earth for the sole purpose of testing for, pumping, or extracting
<br />therefrom potable, fresh, or usable water for household, domestic, industrial, agricultural,
<br />public use, or other activity not related to oil or gas development activities.
<br />Section 12-106. Imposition of Moratorium on the Oil and Gas Development Activities. There is hereby
<br />established a month moratorium on any County approval required by law for oil and gas
<br />development activities. It shall be unlawful and a violation of this Ordinance for any person within the
<br />jurisdiction to which this Ordinance applies to engage in oil or gas development activities that require a
<br />County permit. The Board will use this month moratorium period to complete the 2030 Land Use
<br />Plan, to study the impacts of oil and gas development activities in other states, and to develop a plan to
<br />regulate and mitigate impacts from these activities that are not addressed adequately by State and
<br />federal regulatory programs, the existing Unified Development Ordinance, and other ordinances, giving
<br />consideration to the particular natural and man-made environment of Lee County.
<br />Section12-107. Action and Schedule.
<br />(a) Studies. The Board of Commissioners will hire a consultant or consultants to complete a
<br />study and develop the 2030 Land Use Plan. In addition, such consultants will study hydraulic
<br />fracturing and other oil and gas development and the associated impacts on the natural, man-
<br />made, and social environments of Lee County, and the related economic benefits and costs. The
<br />consultant(s) will be tasked to study Lee County and to analyze state and federal regulatory
<br />programs and to prepare a report for the Board regarding the full range of expected impacts,
<br />including financial, as compared to locations similar to Lee County in other states, and the
<br />effectiveness of local ordinances in managing those impacts. This study and report should be
<br />completed within the first year of the moratorium and will include the consultant's conclusions
<br />as to whether additional time is needed for thorough study.
<br />(b) Development of Conditional Use Ordinance. Upon completion and on the basis of the study
<br />and report, the Board intends to draft a conditional use ordinance and/or other ordinances
<br />which will be coordinated with the County's 2030 Land Use Plan. The draft ordinance will be
<br />made available for public review and comment and at least one public hearing will be held.
<br />Based on public comments, the Board will finalize the ordinance and initiate the adoption
<br />procedure. Development of the ordinance and final approval is estimated to take one year.
<br />Section 12-108. Enforcement.
<br />(a) Remedies. This Ordinance may be enforced by any legal or equitable remedies available,
<br />including, but not limited to, injunctive relief. The County Manager shall have the authority to
<br />direct the County Attorney, or any such other legal counsel as may be employed, to take
<br />appropriate legal action to address any violation of this Ordinance.
<br />(b) Imposition of a civil penalty. Any person engaging in oil and gas development activities in
<br />violation of the Ordinance shall be guilty of a misdemeanor pursuant to North Carolina General
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