Appendix D-1 Kern County Zoning Ordinance Amendments Public Workshop Notes

Transcription

1 Appendix D-1 Kern County Zoning Ordinance Amendments Public Workshop Notes

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3 Revisions to the Kern County Zoning Ordinance, 2015 C Oil and Gas Activities Joint Briefing Workshop Lorelei H. Oviatt, AICP Director Kern County Planning And Community Development Department July 27,2015

4 Oil and Gas Activities San Joaquin Valley Portion 2.3 Million Acres existing and potential Largest oil producing county in California ,000 active wells 78% of all wells in CA 80% of oil and natural gas produced in state.

5 California State Law Local government controls land use through zoning Underground and drilling activities managed by State Division of Oil, Gas and Geothermal DOGGR California Environmental Quality Act implemented by either State or local government State constitution and Attorney General preempt local regulation of underground oil and gas extraction activities

6 Local Permitting Program Elements Amendments to the Kern County Zoning Ordinance Text New Local Permit and Process Environmental Impact Report = Mitigation New GIS Gateway and Electronic Permit System New Staffing + Fees New Programs (Small Producers Assistance, Legacy Program)

7 California Oil Activities Well Drilling Drilling a hole = wellbore Range in depth down to 10,000 feet Metal pipe= casing placed and cement pumped Cement pushes out around the bottom of casing flows up space between wellbore and casing to surface Cement hardens forms bond Holes made in casing opposite reservoir Oil or Gas moves into the casing and up to surface

8 Explanation of Injection Well Process

9 California Oil Activities Well Plug and Abandonment Oil or gas reservoir depleted or nothing found Cement places in the wellbore or casing at regulated intervals to act as seal Cement plugs required Zone plugs across the reservoir Across the base of fresh water Surface plug Other plugs may be required Hole is filled with drilling mud

10 California Oil Activities Groundwater protection During drilling, specially designed fluid pumped and circulated through wellbore and to surface Function of Drilling Fluid: Lifts rock cuttings to the surface Cool the drill bit Counteract downhole formation pressure to keep out groundwater and prevent mixing Well completion casing cemented in wellbore

11 California Oil Activities Well Stimulation Hydraulic Fracturing : high pressure injection of a mix of fluids and substances into a reservoir Vertical wells conventional reservoirs Pressure fractures rock creating channels Fluids removed substance ( sand) keeps channels open Oil or Gas flows to surface Fluid mix is primarily water with small percentage of chemicals

12 Study Area Project Area 3700 Square Miles ( 2.3 million acres) San Joaquin Valley Floor Portion of Kern County Excludes all City/State and Federal Jurisdictions Includes all State and Federal Minerals under Private Surface Subareas Project Area Split into Three Subareas Western West of I-5 Corridor Central Between SR-99 and I-5 Eastern East of SR-99

13 Study Area

14 Existing Zoning Ordinance Chapter (Oil and Gas Production) Allows for Unrestricted Drilling on Lands Zoned: A, A-1, M-2, M-3 and NR Allows for Ministerial Drilling on Lands Zoned: M-1, RF, DI and PE Conditional Use Permit on Lands Zoned: E, R-1, R-2, R-3, CO, C-1, C-2, CH and PL Currently Prohibited on Lands Zoned: MP and OS

15 Permitting New Tier System for Identifying Lands for Oil and Gas Activities showed as a figure in the ordinance Tier 1 Area Tier 1 is shown as the area in which current oil and gas activity is the primary land use. The well and activity densities preclude almost all other uses Tier 2 Area Tier 2 includes all lands within the following agricultural zone districts that are not within Tier 1 and are Zoned A or A-1

16 Permitting Tier 3 Area Tier 3 is shown as zone districts where historic drilling activity have been or could have been approved as Unrestricted or Ministerial under the existing Zoning Ordinance, and those areas that are not categorized as Tiers 1 or 2 Tier 4 Area Tier 4 consists of all zone districts where oil or gas exploration and production activities are currently or proposed to be allowed with a CUP

17 Permitting Tier 5 Area Tier 5 are areas include current and future Specific Plan boundaries either adopted with a SP Zone District or include specific provisions for oil and gas. Oil or gas activities would be allowed with a CUP or as permitted by the regulations contained within the adopted Specific Plan(s) Non-Jurisdictional and Prohibited Use Areas Areas where Kern County currently does not have land use authority, including lands under jurisdiction of the Federal Government, State of California, and incorporated cities. Also includes OS Zoned Land where use is prohibited

18 Permitting (Tier Map)

19 General Over View Oil and Gas Conformity Review One Pathway Tier 1 Two Pathways Split Estate Tier 2,3,5 Notification of Surface Owner in all pathways Signature of Surface Owner required on Site Plan for Tier 2, 3 and 5.

20 Permitting Oil and Gas Conformity Review Process 30 days before notify surface owner 1 st Review 7 business days 2 nd Review - 3 business days 3 rd Review mandatory in-person meeting for assistance Self Certification of compliance Prior to any activity covered operator to have both Kern County permit and DOGGR permit

21 Permitting Minor Activity Review Process 1 st Review 7 business days 2 nd Review - 3 business days 3 rd Review mandatory in-person meeting for assistance Self Certification of compliance Prior to any activity covered operator to have both Kern County permit and DOGGR permit [and other applicable permit(s), e.g., from Air District or Water Board]

22 Split Estate Private Land: Surface owner and mineral owner different Private Land: Surface owner owns surface down to 500 feet, or Mineral owner different but does not own surface Private/Federal Land: Surface owner owns private surface Federal government owns minerals (BLM)

23 Surface Owners Concerns Failure to contact the owner for discussions O&G site plans fail to accommodate surface operations Lack of maintenance of operations during and after construction Disagreement with O&G operators and DOGGR over management and definition of Idle and Abandoned wells

24 Industry Concerns Additional time and money to obtain County permits Giving surface owners more rights than are allowed by law that impede the mineral owners right to drill After full compliance with all standards allowing for more opportunities to add uncertainty to process.

25 Split Estate No signature on Site Plan (Tier 2,3, 5) Oil and Gas Conformity Review Process 30 days before notify surface owner (runs concurrently with state law Civil Code notice requirement) 1 st Review 30 calendar days Invitation for educational meeting with Surface Owner 2 nd Review - 30 calendar days

26 Split Estate No signature on Site Plan (Tier 2, 3 and 5) Permit Issued 30 Calendar Day Waiting period Building inspector on site for compliance as well as expert consultants as needed all costs paid by applicant. At any time surface owner signature = 7 day permit review or self-certification Prior to any activity covered operator to have both Kern County permit and DOGGR permit Minimum 120 Day pathway without signature (90 days longer than required for compliance with state Civil Code notice requirement)

27 Small Producers Assistance 1 to 3 wells in a calendar year Not a subsidiary of a larger company that drills more than 3 wells per year Handbook explaining all steps and include examples to use County Consultant standard cost per acre for biology, cultural, drainage and even site plan prep optional

28 Contacts Draft Zoning Ordinance available on Planning Website: Send Comments to: Planning and Community Development Department ATTN: Christopher Mynk, AICP 2700 M Street Bakersfield, CA MynkC@co.kern.ca.us (661)

29 Revisions to the Kern County Zoning Ordinance, 2015 C Oil and Gas Activities Joint Briefing Workshop Lorelei H. Oviatt, AICP Director Kern County Planning And Community Development Department July 27,2015

30 California Environmental Quality Act CEQA TO INFORM Decision makers about significant environmental effects TO IDENTIFY ways environmental damage can be avoided TO PREVENT avoidable environmental damage TO DISCLOSE to the public why a project is approved even if it leads to environmental damage

31 Process Notice of Preparation Circulated on August 30, 2013 Workshops Held in: Bakersfield Taft Lost Hills Shafter

32 Draft EIR State Clearinghouse Number: Review Period: July 8, 2015 August 24, 2015 Draft EIR available on Planning Website: oil-gas-deir

33 Ministerial Permits CEQA applies to any action when a project requires discretionary approval by a state or local governmental body. Projects may also require ministerial approvals that must comply with general plans and local ordinances such as building permits or marriage licenses. These ministerial permit approvals cannot be denied as long as the proponent meets the specifications detailed in the permit or license requirements, including applicable CEQA mitigation measures. CEQA does not apply when only ministerial approval is necessary. Under the proposed ordinance amendments, most O&G activities will require ministerial permits including compliance with County ordinance and EIR mitigation measures, and compliance with other laws

34 DEIR Contents 2 Volumes (Chapters 1-11) and Appendices Project-Level Analysis Baseline = 2012 Maximum New Wells per Year: 3647 Average New Wells:

35 Agricultural Resources Chapter 4.2 Total Acres of Prime/Unique/Statewide Farmland in Tier 2: 828,973 Maximum Acres of Conversion per Year: 298 Maximum Acres of Conversion in Tier 2 (25 Years): 7,450

36 Agricultural Resources Chapter 4.2

37 Agricultural Resources Chapter 4.2 Mitigation Measures Minimize ag land disturbance (e.g., use existing roads) Require Compensation of Loss of Ag Land at a Ratio of 1:1 Protection of Crops From: Surface Water Runoff Stormwater Control Spill Prevention Dust Level of Significance: Project Level: Less Than Significant with Mitigation Cumulative: Significant and Unavoidable

38 Air Quality Chapter 4.3 Criteria Pollutants (Tons per Year): ROG 11,551 (2016) to 14,300 (2035) NOx 22,281 (2016) to 16,658 (2035) PM 10 2,747 (2016) to 3,358 (2035) Criteria Pollutants (Tons per Well, Max 3647 Wells/per Year): 3.22 (2016) to 2.12 (2035)

39 Air Quality Chapter 4.3 Mitigation Measures Reduction in criteria pollutants through: Dust minimization measures Payment of fees or completion of applicant initiated programs, both through an Emission Reduction Agreement (ERA) Level of Significance: Project Level: Less Than Significant with Mitigation, Significant and Unavoidable for Odors Cumulative: Significant and Unavoidable

40 Green House Gas Emissions Chapter 4.7 Project Annual GHG Emissions (CO 2e /Year): Million Metric Tons Methane emissions will be limited by new CARB Rules expected to be adopted by end of 2015 Project Annual GHG Emissions (Tons per Well): 6500 Covered Emissions of 25,000 MT or more of CO 2 e per data year are covered under the Cap-and-Trade Program

41 Green House Gas Emissions Chapter 4.7 Mitigation Measures Oil and Gas Facilities not exceeding may voluntarily opt-in to Cap-and-Trade Reduction in criteria pollutants through payment of fees or completion of applicant initiated programs, both through an Emission Reduction Agreement (ERA) No Net-Increase of GHG Emissions (e.g., through ERA) for emissions not subject to Cap-and-Trade) Level of Significance: Project Level: Less Than Significant with Mitigation, Significant and Unavoidable for Conflicts with GHG policies Cumulative: Significant and Unavoidable

42 Health and Safety Chapters 4.7, 4.8, 4.12, 4.14 Management and Mitigation Pipelines Identify All Proposed and Existing Pipelines Provide Integrity Testing and future monitoring for Lines within 200 Feet of A Sensitive Receptor Well Stimulation Comply with all New State Regulations (SB4)

43 Health and Safety Chapters 4.7, 4.8, 4.12, 4.14 Noise Identify all Sensitive Receptors (Residences, Schools, Churches, Hospitals, etc.) within 3,000 feet of Drilling pad Well Placement a minimum of 190 Feet from Sensitive Receptors Provide Noise Analysis for Deeper Drilling Activity

44 Health and Safety Chapters 4.7, 4.8, 4.12, 4.14 Health Risk Assessment Identify all Sensitive Receptors within 3,000 feet of Drilling Well Placement a minimum of 367 Feet from Sensitive Receptors for Wells over 10,000 Deep Fire First 2000 wells drilled for industrial firefighting vehicle (not to exceed $850,000)

45 Health and Safety Chapters 4.7, 4.8, 4.12, 4.14 Sheriff Per well for funding for County Sheriff s Department for the Rural Crimes Unit Transportation and Traffic Payment per well for roads maintenance of roads utilized by the oil and gas industry Level of Significance: Project Level: Less Than Significant with Mitigation Cumulative: Less Than Significant with Mitigation

46 Estimated Permitting Costs Per Well County Permit Fees $1190 Sheriff Mitigation $425 Fire equipment $150 (2-3 years only) Traffic $1500 $3265 per well Variable: Air Emissions reductions - $16,459 to $8,000 to?? Biology - $3200 to $1200 to?? a newly disturbed acre Loss of Ag Land - $2500 to $1200 an acre

47 Water Chapters 4.9, 4.17 Cumulative Over Draft in a Single-Dry Year: 750,710 AF (2015) to 817,127 AF (2035) Project M&I Water Demand (per Year) 9,660 AF (2015) to 11,760 AF (2035) Produced Water Generated (per Year) 125,877 AF (2012) Water Used for Well Stimulation: 589 AF Total Well Stimulations from :1986

48 Water Chapters 4.9, 4.17 Mitigation Measures Prepare drainage Plans for Potential Run-off Injection Activities subject to Underground Injection Control Oil and Gas Applicants to increase re-use of Produced Water with appropriate treatment and monitoring Coordination/Participation with County on formation Groundwater Sustainability Agency and Plan Level of Significance: Project Level: Significant and Unavoidable Cumulative: Significant and Unavoidable

49 Biological Resources Chapter 4.4 Estimated New Disturbance (Acres/Year): 4,856 Mitigation Reduction in potential take of a protected species through: Worker Education Avoidance and Minimization Preconstruction surveys Habitat compensation at a ratio of ½:1 to 1:1

50 Biological Resources Chapter 4.4 Tools Valley floor HCP and Potential NCCP In progress DataBasin - Website displays resource information along with other special data within the Project Area. Website is a science-based mapping and analysis platform that supports learning, research, and sustainable environmental stewardship ( Level of Significance: Project Level: Less Than Significant with Mitigation Cumulative: Significant and Unavoidable

51 Cultural Resources Chapter 4.5 Estimated archeological density of one site per 53 Acres within Project Area Native American archeological density of one site per 463 Acres within Project Area Mitigation Reduction in destruction of potentially significant cultural remains or artifacts through: Worker education Preconstruction surveys Level of Significance: Project Level: Less Than Significant with Mitigation Cumulative: Significant and Unavoidable

52 Alternatives Chapter 6.0 Alternatives Eliminated from Further Consideration Eight were eliminated from further consideration found to be infeasible or failed to meet project objectives. Include: Drilling Ban on Agriculturally Productive Land Drilling Ban on All Lands Larger Project Area More Well within Project Footprint Fewer Wells within the Project Footprint Offsite, Renewable Energy (Wind and Solar Zero Net Gain

53 Alternatives Chapter 6.0 Alternatives Analyzed in the EIR Alternative 1: No Project Alternative Alternative 2: Conditional Use Permit Required Alternative Alternative 3: Reduced Ground Disturbance Alternative Alternative 4: No Hydraulic Fracturing Alternative Alternative 5: Low-Emission Enhanced Oil Recovery Alternative Alternative 6: Recycled Water Alternative Environmentally Superior Alternative Alternative 5, the Low-Emission Enhanced Oil Recovery

54 Findings CEQA Sections 15091, and Presented in Staff Reports Findings of Fact Statement of Overriding Considerations Mitigation Monitoring and Reporting Program

55 Review and Public Comment Workshops: July 27, August 10 Shafter, August 17 - Taft All Comments Accepted in Record Until Final Decision Planning Commission Oct 5, 2015 (5:00 pm) Board of Supervisors End of Year

56 Contacts Draft EIR available on Planning Website: Send Comments to: Planning and Community Development Department ATTN: Christopher Mynk, AICP 2700 M Street Bakersfield, CA MynkC@co.kern.ca.us (661)

57 Revisions to the Kern County Zoning Ordinance, 2015 C Oil and Gas Activities Shafter Workshop August 10,2015 Lorelei H. Oviatt, AICP Director Kern County Planning And Community Development Department

58 Oil and Gas Activities San Joaquin Valley Portion 2.3 Million Acres existing and potential Largest oil producing county in California ,000 active wells 78% of all wells in CA 80% of oil and natural gas produced in state.

59 California State Law Local government controls land use through zoning Underground and drilling activities managed by State Division of Oil, Gas and Geothermal DOGGR California Environmental Quality Act implemented by either State or local government State constitution and Attorney General preempt local regulation of underground oil and gas extraction activities

60 Local Permitting Program Elements Amendments to the Kern County Zoning Ordinance Text New Local Permit and Process Environmental Impact Report = Mitigation New GIS Gateway and Electronic Permit System New Staffing + Fees New Programs (Small Producers Assistance, Legacy Program)

61 California Oil Activities Coverage Well Drilling Well Plug and Abandonment Groundwater Protection Well Stimulation Related Land Use Impacts on Surface

62 Study Area Project Area 3700 Square Miles ( 2.3 million acres) San Joaquin Valley Floor Portion of Kern County Excludes all City/State and Federal Jurisdictions Includes all State and Federal Minerals under Private Surface Subareas Project Area Split into Three Subareas Western West of I-5 Corridor Central Between SR-99 and I-5 Eastern East of SR-99

63 Study Area

64 Permitting New Tier System for Identifying Lands for Oil and Gas Activities showed as a figure in the ordinance Tier 1 Area Oil and gas primary land use Tier 2 Area mixed lands Ag and Oil Tier 3 Area historical drilling not in Tier 1 or 2 Tier 4 Area Needs a Conditional Use Permit Tier 5 Area Specific Plan areas Non-jurisdictional Federal, State or Cities

65 Permitting (Tier Map)

66 General Over View Oil and Gas Conformity Review One Pathway Tier 1 Two Pathways Split Estate Tier 2,3,5 Notification of Surface Owner in all pathways Signature of Surface Owner required on Site Plan for Tier 2, 3 and 5.

67 Permitting Oil and Gas Conformity Review Process with Signature of Surface Owner ( 7 day + 3 day) Oil and Gas Conformity Review Process without Signature of Surface Owner ( 120 days) Minor Activity Review Like a Building Permit Checklist compliance

68 Split Estate Private Land: Surface owner and mineral owner different Private Land: Surface owner owns surface down to 500 feet, or Mineral owner different but does not own surface Private/Federal Land: Surface owner owns private surface Federal government owns minerals ( BLM)

69 Related Programs Small Producers Assistance Industry Education Workshops Surface Owners Education Workshops Community Education Workshops Legacy Oil Activity Program

70 California Environmental Quality Act CEQA TO INFORM Decision makers about significant environmental effects TO IDENTIFY ways environmental damage can be avoided TO PREVENT avoidable environmental damage TO DISCLOSE to the public why a project is approved even if it leads to environmental damage

71 Process Notice of Preparation Circulated on August 30, Workshops Draft Environmental Impact Report Review Period July 8, 2015 to Sept 11, 2015

72 DEIR Contents 2 Volumes (Chapters 1-11) and Appendicies Project-Level Analysis Baseline = 2012 Maximum New Wells per Year: 3647 Average New Wells:

73 Summary Impacts Agricultural Resources Maximum conversion per year : 298 acres = 7,450 Acres in 25 years Air Quality Criteria Pollutants (Tons per Year): ROG 11,551 (2016) to 14,300 (2035) NOx 22,281 (2016) to 16,658 (2035) PM 10 2,747 (2016) to 3,358 (2035) Criteria Pollutants (Tons per Well, Max 3647 Wells/per Year): 3.22 (2016) to 2.12 (2035)

74 Oil and Gas M&I, Agricultural, and Urban M&I Average Year Demand in Study Area (AF) Oil and Gas 9,660 11,761 Agriculture 2,872,945 2,872,945 Urban M&I 237, ,736 Total 3,119,634 3,186,442

75 Summary Selected Mitigation AGRICULTURAL RESOURCES Minimize ag land disturbance (e.g., use existing roads) Require Compensation of Loss of Ag Land at a Ratio of 1:1 Protection of Crops From: Surface Water Runoff Stormwater Control Spill Prevention Dust AIR QUALITY Reduction in criteria pollutants through: Dust minimization measures Payment of fees or completion of applicant initiated programs, both through an Emission Reduction Agreement (ERA)

76 Health and Safety Chapters 4.7, 4.8, 4.12, 4.14 Pipelines Identify All Proposed and Existing Pipelines Provide Integrity Testing and future monitoring for Lines within 200 Feet of A Sensitive Receptor Well Stimulation Comply with all New State Regulations (SB4)

77 Health and Safety Chapters 4.7, 4.8, 4.12, 4.14 Noise Identify all Sensitive Receptors (Residences, Schools, Churches, Hospitals, etc) within 3,000 feet of Drilling pad Well Placement a minimum of 190 Feet from Sensitive Receptors Provide Noise Analysis for Deeper Drilling Activity

78 Health and Safety Chapters 4.7, 4.8, 4.12, 4.14 Fire First 2000 wells drilled for industrial firefighting vehicle (not to exceed $850,000) Sheriff Per well for funding for County Sheriff s Department for the Rural Crimes Unit Transportation and Traffic Payment per well for roads maintenance of roads utilized by the oil and gas industry

79 Water Chapters 4.9, 4.17 Mitigation Measures Prepare drainage Plans for Potential Run-off Injection Activities subject to Underground Injection Control Oil and Gas Applicants to increase re-use of Produced Water with appropriate treatment and monitoring Coordination/Participation with County on formation Groundwater Sustainability Agency and Plan

80 Alternatives Chapter 6.0 Alternatives Eliminated from Further Consideration Alternatives Analyzed in the EIR Alternative 1: No Project Alternative Alternative 2: Conditional Use Permit Required Alternative Alternative 3: Reduced Ground Disturbance Alternative Alternative 4: No Hydraulic Fracturing Alternative Alternative 5: Low-Emission Enhanced Oil Recovery Alternative Alternative 6: Recycled Water Alternative Environmentally Superior Alternative Alternative 5, the Low-Emission Enhanced Oil Recovery

81 Review and Public Comment Workshops: July 27, August 10 Shafter, August 17 - Taft EIR Review -60 total days Sept 11 Planning Commission Oct 5, 2015 (5:00 pm) Board of Supervisors End of Year

82 Contacts Draft Zoning Ordinance available on Planning Website: Staff Report July 27 Workshophttp:// s/oil_gas_zoning_amend_wksp_sr_ pdf Send Comments to: Planning and Community Development Department ATTN: Christopher Mynk, AICP 2700 M Street Bakersfield, CA MynkC@co.kern.ca.us (661)

83 Revisions to the Kern County Zoning Ordinance, 2015 C Oil and Gas Activities Taft Workshop August 17,2015 Craig M. Murphy Division Chief Kern County Planning & Community Development Department

84 Oil and Gas Activities San Joaquin Valley Portion 2.3 Million Acres existing and potential Largest oil producing county in California 2012: 43,000 active wells 78% of all wells in CA 80% of oil and natural gas produced in state.

85 California State Law Local government controls land use through zoning Underground and drilling activities managed by State Division of Oil, Gas and Geothermal DOGGR California Environmental Quality Act implemented by either State or local government State constitution and Attorney General preempt local regulation of underground oil and gas extraction activities

86 Local Permitting Program Elements Text Amendments to the Kern County Zoning Ordinance New Local Permit and Process Environmental Impact Report = Mitigation New GIS Gateway and Electronic Permit System New Staffing + Fees New Programs (Small Producers Assistance, Legacy Program)

87 California Oil Activities Coverage Well Drilling Well Plug and Abandonment Groundwater Protection Well Stimulation Related Land Use Impacts on Surface

88 Study Area Project Area 3,700 Square Miles (2.3 million acres) San Joaquin Valley Floor Portion of Kern County Excludes all City/State and Federal Jurisdictions Includes all State and Federal Minerals under Private Surface Subareas Project Area Split into Three Subareas Western West of I-5 Corridor Central Between SR-99 and I-5 Eastern East of SR-99

89 Study Area

90 Permitting New Tier System for Identifying Lands for Oil and Gas Activities showed as a figure in the ordinance Tier 1 Area Oil and gas primary land use Tier 2 Area mixed lands Ag and Oil Tier 3 Area historical drilling not in Tier 1 or 2 Tier 4 Area Needs a Conditional Use Permit Tier 5 Area Specific Plan areas Non-jurisdictional Federal, State or Cities

91 Permitting (Tier Map)

92 General Overview Oil and Gas Conformity Review One Pathway Tier 1 Two Pathways Split Estate Tier 2,3,5 Notification of Surface Owner in all pathways Signature of Surface Owner required on Site Plan for Tier 2, 3 and 5

93 Permitting Oil and Gas Conformity Review Process with Signature of Surface Owner (7 day + 3 day) Oil and Gas Conformity Review Process without Signature of Surface Owner (120 days) Minor Activity Review Like a Building Permit Checklist compliance

94 Split Estate Private Land: Surface owner and mineral owner different Private Land: Surface owner owns surface down to 500 feet, or Mineral owner different but does not own surface Private/Federal Land: Surface owner owns private surface Federal government owns minerals (BLM)

95 Related Programs Small Producers Assistance Industry Education Workshops Surface Owners Education Workshops Community Education Workshops Legacy Oil Activity Program

96 California Environmental Quality Act (CEQA) TO INFORM Decision makers about significant environmental effects TO IDENTIFY ways environmental damage can be avoided TO PREVENT avoidable environmental damage TO DISCLOSE to the public why a project is approved even if it leads to environmental damage

97 Process Notice of Preparation Circulated on August 30, 2013 Workshops Draft Environmental Impact Report Review Period July 8, 2015 to September 11, 2015

98 DEIR Contents 2 Volumes (Chapters 1-11) and Appendicies Project-Level Analysis Baseline = 2012 Maximum New Wells per Year: 3,647 Average New Wells: 1,800-2,000

99 Agricultural Resources Summary Impacts Maximum conversion per year : 298 acres = 7,450 Acres in 25 years Air Quality Criteria Pollutants (Tons per Year): ROG 11,551 (2016) to 14,300 (2035) NOx 22,281 (2016) to 16,658 (2035) PM 10 2,747 (2016) to 3,358 (2035) Criteria Pollutants (Tons per Well, Max 3,647 Wells/per Year): 3.22 (2016) to 2.12 (2035)

100 Oil and Gas M&I, Agricultural, and Urban M&I Average Year Demand in Study Area (AF) Oil and Gas 9,660 11,761 Agriculture 2,872,945 2,872,945 Urban M&I 237, ,736 Total 3,119,634 3,186,442

101 Summary Selected Mitigation AGRICULTURAL RESOURCES Minimize ag land disturbance (e.g., use existing roads) Require Compensation of Loss of Ag Land at a Ratio of 1:1 Protection of Crops From: Surface Water Runoff Stormwater Control Spill Prevention Dust

102 Summary Selected Mitigation AIR QUALITY Reduction in criteria pollutants through: Dust minimization measures Payment of fees or completion of applicant initiated programs, both through an Emission Reduction Agreement (ERA)

103 Health and Safety Chapters 4.7, 4.8, 4.12, 4.14 Pipelines Identify All Proposed and Existing Pipelines Provide Integrity Testing and future monitoring for Lines within 200 Feet of A Sensitive Receptor Well Stimulation Comply with all New State Regulations (SB4)

104 Health and Safety Chapters 4.7, 4.8, 4.12, 4.14 Noise Identify all Sensitive Receptors (Residences, Schools, Churches, Hospitals, etc) within 3,000 feet of Drilling pad Well Placement a minimum of 190 Feet from Sensitive Receptors Provide Noise Analysis for Deeper Drilling Activity

105 Health and Safety Chapters 4.7, 4.8, 4.12, 4.14 Fire First 2000 wells drilled for industrial firefighting vehicle (not to exceed $850,000) Sheriff Per well for funding for County Sheriff s Department for the Rural Crimes Unit Transportation and Traffic Payment per well for roads maintenance of roads utilized by the oil and gas industry

106 Water Chapters 4.9, 4.17 Mitigation Measures Prepare drainage Plans for Potential Run-off Injection Activities subject to Underground Injection Control Oil and Gas Applicants to increase re-use of Produced Water with appropriate treatment and monitoring Coordination/Participation with County on formation Groundwater Sustainability Agency and Plan

107 Alternatives Chapter 6.0 Alternatives Eliminated from Further Consideration Alternatives Analyzed in the EIR Alternative 1: No Project Alternative Alternative 2: Conditional Use Permit Required Alternative Alternative 3: Reduced Ground Disturbance Alternative Alternative 4: No Hydraulic Fracturing Alternative Alternative 5: Low-Emission Enhanced Oil Recovery Alternative Alternative 6: Recycled Water Alternative Environmentally Superior Alternative Alternative 5, the Low-Emission Enhanced Oil Recovery

108 Review and Public Comment Workshops: Bakersfield, Shafter & Taft EIR Review - 60 total days September 11, 2015 Planning Commission October 5, 2015 (5:00 pm) Board of Supervisors End of Year

109 Contacts Draft Zoning Ordinance available on Planning Website: Staff Report July 27 Workshophttp:// amend_wksp_sr_ pdf Send Comments to: Planning and Community Development Department ATTN: Christopher Mynk, AICP 2700 M Street Bakersfield, CA MynkC@co.kern.ca.us (661)

110

111 Kern County Zoning Ordinance Amendment Public Workshop Notes Kern County Administrative Building (July 27, 2015) City of Shafter Veteran s Hall (August 10, 2015) City of Taft Veteran s Hall (August 17, 2015) July 27, 2015 Attendance: Approximately 250 Concerned about extension of time response More than 2 years of work effort to get the document out New costly requirements that were not previously in place to obtain a streamlined processing permit structure Conservative measures in EIR result in a more proactive mitigation approach as opposed to individual analysis on a case by case basis If we say no to hydrologic fracturing, we say no to the future Uncertainty in business is a killer Government should not make uncertainty worse Transparency in the DEIR is important Can public sign up to receive upcoming notices Not all surface owners have money. Can the County have a program to support these smaller land owners Hopefully this plan will provide for the health of the community Additional time needed to review the document Oil industry has always been responsive and consensus in addressing concerns Due to contributions from the oil industry the Grossman Facility was constructed - 3,000 patients AIS Cancer Center Transportation fund started by oil company contributions This process is a leap forward in locally controlling our own future Measures aggressively protect the environment and the health of the public Please discount those who seek to destroy the oil industry Hydrocarbons supply everything we use daily in our life Industry is at a critical junction If oil industry is not drilling, only 20% of workforce is needed New fees should be a tax credit Industry currently replaces old equipment as part of their project processing. Oil fields are very clean. Incentive to convert to clean fuels Water Important to Kern County. Solar Cycle (drought every 11 years) 50,000 local jobs and millions in economic benefits Strongest nonprofits in the State are due to the quality of the oil industry representatives who serve on local nonprofit Boards Companies & Employees involved in the American Red Cross support many of their programs General Fund is very dependent on oil industry. When Oil Industry Gets a Cold, Local Governments get pneumonia Kern County is facing an unprecedented challenge and economic opportunity 15,000 people have received training from BIA at local training facility 12 million private citizens own mineral reserves nation-wide Mineral owners can t move their minerals. They rely on leases with producers Competing for dollars statewide is always a challenge for Kern County

112 Interested in having local monies available to address local concerns Legal parameters for local government to participate in the split ownership negotiations Permit process must remain ministerial so CEQA does not apply. Local participation could turn the process discretionary. County s role is to ensure due process per any adopted ordinance, including enforcement. Substantial upgrade to current process required under law. Self-certification should have some protection for the surface owner. Absence of comment does not mean approval and/or agreement Maximum cap for wells drilled. How does this document account for variable changes to this cap How do we deal with what the responsibilities are when the environment changes and drilling wells are not needed What role does our participation play in the larger scheme of things? Can other agencies still deny permits Regarding Air District, Millions of $$$ will be required. How do we make sure that Kern County will enjoy the benefits of those dollars and not other jurisdictions How will the County treat existing agreements as they relate to new wells August 10, 2015 Attendance: Approximately 300 This EIR if approved will provide mitigation to Ag loss, additional mitigation to noise, funding of road maintenance DEIR appears fair and balanced to all stakeholders, Local control over oil industry, oil industry helps contribute to Kern County s ranking as #1 to upward mobility, provides light- blue collar jobs Oil industry makes up 35% of Kern County s economy, 1 oil job creates up to 17 additional support jobs Oil and gas produces critically important hydrocarbons which support our everyday quality of life, even supporting so-called green energy industries This DEIR appears scientifically factual, if approved will protect local jobs, if approved will help protect local tax dollars by providing a secure operating environment to the oil industry If this EIR is approved this will allow both Oil and Ag industries to work together more effectively Oil industry has impacted families in positive ways by providing high paying, good quality jobs Having a productive hydrocarbon industry reduces California s dependence on foreign oil, creates tax dollars for the public benefit The oil industry already operates in a safe manner but if the EIR is approved it would only improve public confidence The changes in the zoning ordinance if approved with provide the oil industry with stability and confidence in a structured permitting process If the zone changes are approved would ensure local economic stability, the oil industry would be able to continue to invest in the community, by donating to education programs and job training. Support and open and transparent dialog If the zone changes approved it would promote capital investments in local communities, helps ensure process improvements in the oil industry, aids in streamlining the permitting process

113 Hydrocarbons are impact everything in our daily live from cars, to homes, to medicine. Hydrocarbons are the foundation of our modern civilization. Without is our modern lives would cease to exist. If we curtail local production we would be more dependent on foreign entities The oil and gas industry is a major contributor to kern County Hispanic Chamber of Commerce support Hispanic employees of the oil and gas industry. Jobs for latinos Oil and Gas has been a major contributor to Kern County. Board of Supervisors has always been supportive. Need ministerial permitting, Limit CUPs Still need unrestricted drilling in oil fields Use sound science for mitigation measures Leave noticing in Tier 1 for split estate. Add another tier for no potable ground water exists, with less monitoring wells. Since no water can be hurt in these areas Science is in and fracking is not safe. Governor Just came out with a study. So much beauty in Kern County, it s a shame that short cuts would endanger local citizens. Kern is fabulous, but need an open mind There was a great opportunity, but it s been squandered EIR makes it easier for Oil and that s a shame Not the same as a building permit Shame County is continuing this project Many health impacts. Example Criteria pollutants will increase. Kern has never been in attainment of clean air act. DEIR says local jobs will be created, but most are not high paying jobs. Most Texas license plates. Entire EIR is based on jobs and revenue. Quote of EIR Any link to growth and the project would be speculative Should wait until the EIR is complete before developing regs Governor agreed fracking can be done safely and has been for 60 years This industry helps CA meet energy needs. No one supports getting oil from other countries that suppress women and gays Ag mitigation to protect crops Traffic control has to be for county maintained only, not private roads EIR will provide stability to the oil companies and service industries Want to improve the economy of Kern County Oil Industry has invested millions in cleaning up air through changing out engines From an agricultural perspective, need a good relationship on split estate Not trying to stop you, but because of your size, you need to respect the surface owner Under severance deed, ag still has the right as they pay taxes and loss of revenue Real challenge of idle wells, issue for the community idle wells in Kern County Cherry trees died because of an injection well Another farmer had to redrill a new water well due to chlorides being too high. DOGGR says it s a legacy issue EIR looks to the future, but we don t need to continue to perpetuate these issues Modifying the Williamson act is a bad idea, not farmer s choice to lose land to oil wells Ag has bad actors as well. Oxy did take out an idle well and restore soil, so it can be done Farmers are subsidizing oil and gas industry.

114 Another farmer has wells that show production on it, but they are really idle days of power curtailment each year in Shafter because there is not enough power Why are we trying to fix something that isn t broke Please don t make oil industry put up fences Maybe we need a process, but don t put in paved roads or gravel Oil and ag are two businesses that need each other Governor Brown said we have the most intelligent oil industry in the world What doesn t come from here, will come from somewhere else This EIR is a pretty throughout process. 2 years isn t greenlighting August 17, 2015 Attendance: Approximately 300 Oil prices are not what they once were, this EIR and the suggested mitigation is overreaching and will put a nail in the coffin of local oil production The County should produce a reasonable EIR with reasonable mitigation. The way it is currently being proposed local government is overreaching too much The existing oil fields should not be subject to The Oil Industry is a partner in the quality of life in Taft and Kern County. We should value this community partnership. If the oil industry is hurt by this EIR many County agencies and nonprofits will suffer the consequences as well This County team has done a wonderful job putting this documents together and we appreciate the hard work. Hydrocarbons are the foundation of our modern civilization. Without hydrocarbons our modern lives would cease to exist. Even so called green industries and vehicles require hydrocarbons either to produce or to operate. Government should create a business friendly environment for all business to operate in This EIR should balance private development needs with stakeholder needs Recreation opportunities in Taft are supported by donations from the oil industry, if the oil industry is in decline so with the opportunities for Taft families This EIR and its mitigation measure should be able to balance both the needs of the oil industry and the needs of the agriculture industry Taft College is supported by the local oil industry, and provides opportunities for students in all courses of study The State and this EIR shouldn t try to solve global problems with restrictions focus only on the oil industry which would have a ripple effect on other business that benefits from a strong local economy