ORDINANCE - Amendment #1 - Moratorium on Oil-Gas Development

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AMENDMENT #1 ORDINANCE OF THE LEE COUNTY BOARD OF COMMISSIONERS INSTITUTING A TEMPORARY MORATORIUM ON OIL AND GAS DEVELOPMENT AND MINING WITHIN LEE COUNTY, NORTH CAROLINA WHEREAS, the Lee County Board of Commissioners at its December 7, 2015 regular meeting, in order to provide all interested persons an opportunity to express their views on the question of whether a moratorium should be imposed on oil and gas development activities in Lee County (hereinafter "oil and gas development" or "hydraulic fracturing"), as defined herein, after due advertisement as required by law, conducted a public hearing for the purpose of hearing the views of the public, gathering information, and taking appropriate action pursuant to authority conferred in Article 18, Chapter 153A of the North Carolina General Statutes, the Lee County Moratorium Ordinance, and other relevant law regarding the imposition of a moratorium on oil and gas development and mining in Lee County; and WHEREAS, the Board of Commissioners makes the following findings of fact with respect to a temporary moratorium on oil and gas development activities and mining within Lee County: (1) Oil or gas development is a unique industrial use and thus can best be regulated in Lee County as a conditional use, subject to regulation based on each individual circumstance and situation; and, (2) Lee County is both urban and rural in character and depends, in part, on agricultural and agribusiness industries and activities for income; and, (3) Lee County is a prime location for residential developments with residents employed in surrounding urban areas who seek to live in a rural environment, and the County is dependent upon the property taxes from these developments; and, (4) Lee County is home to the Deep River and Cape Fear River which provide critical habitats for endangered and protected species, including the Bald Eagle, Red cockaded woodpecker, and Cape Fear Shiner; and, (5) Lee County is also home to numerous parks and outdoor recreations areas, including Deep River Park, San Lee Park, and Endor Paddle, a company that makes its income from the area's environmental attributes; and, (6) Such parks and recreational areas provide opportunities for environmental education and activities for the citizens of Lee County; and, (7) Lee County is located in the Triassic Basin, a shale rock basin with high quality streams, diabase seepage bogs, and other essential geological and ecological resources; and, (8) Lee County is dependent upon water from the Haw, Deep and Rocky Rivers which converge into the Cape Fear River, from where the City of Sanford and the surrounding areas draw their drinking water and all of which are likely water resources from which oil and gas operators would draw millions of gallons of water to use for oil and gas development; and, (9) Many Lee County citizens depend upon well water for private use; and,