Process and Lessons Learned. All content presented here, as well as supporting documentation may be found in a publicly accessible repository at the following:

Natural Gas Extraction Ordinance

Process and Lessons Learned

All content presented here, as well as supporting documentation may be found in a publicly accessible repository at the following:

https://www.dropbox.com/sh/ranle3ablfvmudx/AADDniF8uzWP6R4tjLr0GB_Pa?dl=0

-or-https://goo.gl/KWkI96

Exploratory wells in Wise County in 1890’s Early Grove gas fields in Scott and

Washington Counties – first production gas wells in 1931

Early Grove fields now used for Natural Gas storage

Several gas wells drilled in Washington County in 1980’s without county approval

Activity throughout the years in leasing landowner gas rights

History of Natural Gas in SWVA

April 21, 2010 – Record of Zoning Determination requested by Yarborough Law Firm, LLC on behalf of Southeast Land and Minerals

May 18, 2010 – Zoning Determination that gas wells and extraction were not permissible in either A-1 or A-2 Zoning Districts

July 2010 – Land Use Steering Committee begin meetings reviewing issue at the direction of the BOS, meetings will continue until late 2013

August 15, 2010 – Board of Zoning Appeals affirms Zoning Determination

Milestones

January 2012 – Recessed BOS meeting held at John S. Battle high school for Natural Gas Extraction presentations by Virgina Gas and Oil Board, DDME, and Dr. Charles Bartlett

February 2012 – Planning Commission takes formal action supporting Land Use Committee’s recommendation that no further action or consideration be given to the matter until the EPA completes it’s study of public safety issues related to hydraulic fracturing. BOS votes to delay action in anticipation of report as well, report is scheduled for release in 2013.

November 2012 – Second recessed meetingfor gas extraction held at John S Battle high school.

Milestones

January 11, 2013 – Atty. General Cuchinelli issues opinion on gas extraction (12-102)

February through November 2013 – Land Use Steering Committee meetings held to discuss natural gas extraction ordinance

November 18, 2013 – Land Use Committee forwards draft Gas Extraction ordinance to Planning Commission

Milestones

January – June 2014 – Planning Commission meeting and workshops are held to discuss draft ordinance

May 2014 – Supporters and Opposition both make presentation to Board of Supervisors on gas extraction. BOS is provided with draft ordinance from PC.

June 2014 – PC votes 5-1 to forward draft ordinance to BOS, with provisions for the ordinance being incomplete, and asking for consideration of air quality studies in relation to the Special Exception Permit

Milestones

July 2014 – BOS holds two workshops to review draft ordinance, one includes representatives from DMME to answer questions.

July 29, 2014 – BOS votes 6-1 to abandon draft ordinance and asks Planning Commission to consider allowing extraction in A-1 and A-2 simply by special exception.

August 25 2014 – PC holds public hearing on gas extraction, votes 5-2 to keep existing ordinance in place not allowing for gas extraction.

September 9, 2014 – BOS holds public hearing and votes 6-1 to allow Gas Extration in A-1 and A-2 zoning districts by special exception.

Milestones

Opposition – Organize Virginia◦ Well organized, involved in the process early◦ Organized protests, provided research◦ Talking points:

Water pollution Drilling chemicals, by-products Safety (Roads, other pollution) Quality of life Wildlife and Livestock/Agriculture Tourism Adjoining Landowner rights

Stakeholders

Supporters◦ Virginia Gas and Oil Board◦ DMME◦ Gas Industry

Talking Points Energy Independence Economic Impact Safety and History of Fracturing Technology Property Owner Rights Clean Energy Source

Stakeholders

Planning Commission Board of Supervisors Land Use Steering Committee Board of Zoning Appeals State Water Control Board Department of Environmental Quality Citizens and Businesses at-Large

Stakeholders

Protection of Karst Features Baseline Environmental Consulting Services

◦ Provision for third-party oversight of potential effects of drilling

Addressed as an Overlay District◦ Limited Special exception permits to lower

population density/rural areas proposed by geologists to be most likely presence of gas

Setback from North Fork of Holston River◦ One mile from river for Overlay, either side

Proposed Ordinance Keys

Very technical subject matter, significant research time by county staff and other bodies.

Clear your plate of competing efforts Clear Definitions and Terminology Needed Understanding Physical Components – Site

visits of drill sites highly encouraged Care in defining accessory structures and

usage

Lessons Learned

Meetings◦ Larger Rooms, proper A/V◦ Establish ground rules early◦ More formality is better◦ Help public understand the process

Reinforce transparency of process Consideration of ordinance enforcement

and costs Lack of direction and participation from

state agencies

Lessons Learned (cont.)

Zero applications for Special Exception Permits

One landowner inquiry about process

New AG Herring opinion, May 5th 2015

Where are we now?

Cherith Marshall, AICP – Director, Planning and Development276-525-1345

[email protected]

Cathie Freeman – County Zoning and Subdivision Official276-525-1390

[email protected]

Lucy Phillips – County Attorney276-525-1370

[email protected]

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