Draft Conditional Use Agreement Whiting Oil & Gas

Whiting Oil &Gas – Oil and Gas production on property located approximately 1100 South 100 East (Lower Miller Creek Road). M-1 Zone.

Whiting Oil & Gas has completed its drilling and has moved into a Production Well. For the purpose of this agreement a Production Well is a well drilled for the purpose of recovering a mineral deposit from its natural occurrences, together with appurtenant on site equipment and facilities necessary for the drilling and operation of said well. This Production Well is in the Wellington City Industrial Park which is a M-1 Zone. Provisions for a Production Well have not been covered in the Land use Code so this Conditional use agreement will be utilized to subsidize the M-1 zone. (This practice appears in the Carbon County Development Code as well).

Wellington City looks for these types of opportunities to help to promote the economic well-being of the people within the city and to broaden the tax base. The Production Well which because of the nature of the operation may produce hazards, nuisances, or disturbances. This Production Well is subject to approval of a site plan, and conditional use permit by the Wellington City Planning a Zoning commission and approved by Wellington City.

As of now it is a practice of flaring off the gas component of the deposit at the Production Well. Wellington City has been informed it is the desire of Whiting Oil to install a gas line to obtain production off this resource as well. (Flaring in its present practice is not the desire of Wellington City. A agreeable time needs to be established for this to continue or an alternative means to achieve the same degree of Safety needs to be found).

Conditional Use

  1. Obtain a Business license from Wellington, Utah.
  2. Conduct a Risk Assessment with Wellington City Fire Department. Provide needed training to the site specific safeties of the Production Well.
  3. Provide Wellington Fire Department and a copy to the Cityof the WhitingOil & Gas Emergency Response Plan, (ERP).
  4. Any changes to the function, layout or safeties to the site are to be provided to the Wellington City Fire department within 2 weeks prior to change and additional training provided if required.
  5. Whiting Oil & Gas is required to notify the when any change in equipment is made by Whiting (new/additional drill rigs, support equipment, etc.). Also, Whiting should be required to always provide current company names and individual names as well as all telephone/cell numbers for those individuals and companies.
  6. Obtain and comply with written permission directives via a property owner agreement from the property owner of record, Utah State, indicating conditions of use at the property finding that property owner permission for land uses on their property is a basic tenant of land use permitting within Wellington City and is consistent with the code (copy of said land owner agreement to be provided to Wellington City);
  7. Install fencing around the pump jack in such a manner that the perimeter of the pump jack wherein the project is located is fenced with a six foot (6’) non-site obscuring fence with secured gate, or as otherwise agreed to with the property owner and confirmed as acceptable by the Wellington City Planning and Zoning Commission, finding that fencing the perimeter of the site situates the property for development post drill and well project and protects the site from encroachment by vandal, children, etc. and possible impacts on the public safety network in the community; Access to the site of non-manned periods of time need to be reviewed with Wellington City Fire Department
  8. Mitigate potential negative impacts on adjoining property owners and is consistent with the Wellington City General Plan;
  9. Installation of all utility services to the well site, will be done by first obtaining the necessary building permit. This will provide a means that will not interfere with our present or planned installation/maintenance of utility services to Wellington City citizens.
  10. Completion of an environmental review as required indicating any mitigation plans for any identified environmental conditions requiring mitigation finding that protection of the physical environment is a primary concern for Wellington City and is consistent with the Wellington City General Plan;
  11. Signage to be installed on the fence at the site indicating what the project is, who the owner is and emergency contact information, upon review and approval of the sign plan by the Wellington City finding that properly signed land uses mitigate community misunderstandings and promote improved commercial and industrial activity;
  12. Completion and installation of all site structures, footers, foundations, utility connections, etc. after procurement of a valid Wellington City Building Permit only and inspection of all site structures, footer, foundations, utility connections, etc. by the Wellington City Building Inspector finding that properly permitted and inspected construction protects the health, safety and welfare of the community;
  13. Written confirmation from UDOGM and other responsible State of Utah department, upon permit finalization regarding compliance and authorization to proceed with the project, and compliance with all UDOGM requirements finding that properly permitted oil and gas projects by UDOGM are prerequisite to local Wellington City permitting.
  14. Notification of all property owners within 500’ of the project site of the date, time and place of the anticipated final Conditional Use Permit approval and contact information for the applicant and Wellington City finding that properly notified neighboring land owners of commercial and industrial land uses reduces the opportunity for misunderstanding and mitigates confusion regarding land uses and plans;
  15. No conditions at the project site or structures that place the site or structure in violation of the Wellington city Property Maintenance code in effect now or in the future finding that properly maintained property and structures protect community property values, promote improved community aesthetics, and is required by the code;
  16. Other conditions:
  17. Comply with all laws of Wellington City, Carbon County and the State of Utah.
  18. Store and dispose of garbage in an approved container properly and promptly from site.
  19. Control dust at all times from site, pre drilling; during drilling; post drilling and production.
  20. No open fires allowed on the site—(Pressure burn off per UDOGM may not apply).
  21. Keep gates closed and locked as to prevent unauthorized entry to pump area.
  22. Control and eliminate any noxious weeds, as identified by Carbon County, at the site.
  23. Containment of all storm water on site and, as necessary, control all surface water used or produced through construction of berms and pits with pit liners and fencing around pits or transferred to a reinjection site. All surface water to be controlled as indicated in the environmental comments and in compliance with recommendations by the Wellington City Engineer.
  24. Repair any roads or public infrastructure damaged by the land use as directed by the Wellington city Public Works Director.
  25. Completion of all infrastructure installation and development to meet or exceed Wellington City minimum standards.
  26. Mitigate all emission of fumes, smoke, noise, vibration or odor beyond the boundaries of the described property.
  27. Once the agreement is in place, the agreement will be good from that date for one year, 12 months. At such time the conditional use permit will be reviewed as being followed and modified if needed.

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