ORDINANCE - Extending a Temporary Moratorium on Oil and Gas Development and Mining within Lee County, NC 11-13-17

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WHEREAS, the Board of Commissioners, based on the research and information provided in the study presented to Chatham County by Charles Yuill, and the views expressed at the public hearing, has determined that more information and study is needed with respect to the problems and conditions set out in the Ordinance necessitating a moratorium and particularly with respect to the following issues raised by new facts and conditions: 1. The socio-economic impacts of oil and gas development in other States are still unfolding and not yet clear. 2. New approaches and technologies for treating and disposing of wastewater are being developed. The impacts of improper disposal are potentially very damaging and proper treatment and recycling, where possible, rather than disposal, should be further studied. 3. The air quality impacts from methane are potentially serious. Further study of available methods for capturing methane is necessary. 4. The Land Use Consultant hired by the County to guide a comprehensive update to our county- wide land use plan was tasked with reviewing mining and extraction uses. The consultants identified areas appropriate for mining and oil and gas extraction based on geologic surveys and related data. The update is in progress and has yet to be complete, however, draft recommendations recognize the need to update our Unified Development Ordinance. With the updated land use plan nearing completion, the need to identify and adopt appropriate changes to our Unified Development Ordinance to address mining and extraction uses is critical. 5. There is still much uncertainty at the state level concerning the legality of the fracking rules promulgated by, at that time the Mining and Energy Commission. There are several pending lawsuits in Wake County Superior Court challenging the constitutionality of such rules. WHEREAS, the County has determined that a twenty-four (24) month extension of the moratorium on oil and gas development will provide the County an opportunity to allow the study prepared by Charles Yuill in Chatham County to expand it to Lee County to include more recent information regarding potential oil and gas development impacts in Lee County and to more effectively update its current land use ordinances without being required to approve such development under its current, inadequate ordinances; and, WHEREAS, the County needs to extend to the moratorium to address the mining activities implicated in the land use plan update to reflect the new land use plan; and, WHEREAS, the Board of Commissioners of Lee County has determined that the extension of the moratorium imposed by the Ordinance shall terminate on December 7, 2019 and that the duration of the extension imposed is reasonable because that is the minimum period of time that it will take to address the problems caused by oil and gas activities and mining. The only reasonable alternatives to imposing this moratorium are (i) adopting a hastily prepared ordinance that may exceed the County's regulatory authority, or (ii) allowing oil and gas activities and mining without providing the citizens of the County the necessary land development guidance and review tools required to protect the public health and safety; and,