2009-257sAour documents\ordinances\09\s09-0006 updated ordinance (2).doc
ORDINANCE NO. 257
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT TO ALLOW FOR GAS WELL DRILLING AND PRODUCTION ON
APPROXIMATELY THREE (3) ACRES, LOCATED ON THE WEST SIDE OF BONNIE
BRAE STREET, NORTH OF SCRIPTURE STREET, AND ZONED UNDER THE TOWN
CENTER REGULATIONS OF THE RAYZOR RANCH OVERLAY DISTRICT, WITH A
BASE ZONING OF NEIGHBORHOOD RESIDENTIAL MIXED USE (NRM PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (S09-0006)
WHEREAS, on November 4, 2008, by Ordinance 2008-284 the City Council approved
amended development standards for the Rayzor Ranch Overlay District by superseding the
previously approved Rayzor Ranch Overlay District classification, and amending by supersedure
Chapter 35, Subchapter 7.13 of the City of Denton Code of Ordinances, "Denton Development
Code", `Special purpose and Overlay District", and allowing gas well drilling and production
subject to City Council approval of a Specific Use Permit; and
WHEREAS, Range Resources Corporation, as applicant and lessee of the mineral estate,
has applied for a Specific Use Permit to allow for the drilling and production of gas wells on
approximately 3.0 acres, legally described in Exhibit "A", attached hereto and incorporated
herein by reference (the "Property") and as defined by the site plan attached hereto and
incorporated herein by reference as Exhibit "B"; and
WHEREAS, on June 17, 2009, the Planning and Zoning Commission concluded a public
hearing as required by law, and recommend approval of the Specific Use permit; and
WHEREAS, the City Council finds that the Specific Use Permit, is consistent with the
Denton Plan, Subchapter 35.6 of the Denton Code, and Ordinance number 2008-284 of the
Rayzor Ranch Overlay District ; NOW, THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. A Specific Use Permit for gas well drilling and operation for the Property,
located within the Town Center of the Rayzor Ranch Overlay District, is hereby approved,
subject to the following conditions:
1. The approval of this Specific Use Permit shall not grant any waiver to the overlay
conditions approved with Ordinance No. 2008-284.
2. The operator of the gas wells shall install a limestone screening and security fence, at
least 8' in height, around the site, with an access gate on the northern wall, as well as a
type `D' vegetative buffer on the portion of the site along Bonnie Brae Road.
sAour documents\ordinances\09\s09-0006 updated ordinance (2).doc
3. The screening fence and type `D' buffer, as conditioned, shall be constructed within 30
days after drilling operations are complete or planted during the first dormant season after
drilling, if approved by the City Landscape Administrator.
4. If screening or landscaping is damaged or removed during fracturing or refracturing
operations, the operator of the gas well shall be responsible for replacing the damaged or
removed portions of the landscaping.
5. The site plan as submitted and shown in Exhibit 6 shall guide the development of gas
wells on the subject site, subject to condition 19, below.
6. The maximum permissible ambient noise level shall not exceed seventy nine (79)
decibels as measured three hundred (300) feet from the boundary of the drill site.
7. If the operator is in compliance with the approved noise management plan, and a
violation still occurs, the operator will be given twenty-four (24) hours from notice of
non-compliance to correct the violation from an identified source before a citation is
issued. Additional extensions of the twenty-four (24) hour period may be granted in the
event that the source of the violations cannot be indentified after reasonable diligence by
the operator.
8. The operator of the gas well shall instruct and ensure that employees involved in the
operation of the gas wells park vehicles on-site only.
9. Prior to drilling gas wells, operator shall install a sound barrier along the perimeter of the
3-acre site, except for a 30 foot security fence and gate securing the north side of the site.
This sound barrier shall be a minimum of 14 feet high.
10. The operator of the gas wells shall monitor the site daily during drilling, fracturing, and
completion of the wells to ensure that noise levels do not exceed seventy nine (79)
decibels as measured three hundred (300) feet from the boundary of the drill site.
11. The operator of the gas wells shall install and utilize an atmosphere monitor during
drilling to detect the accumulation of any hydrocarbon gases at or above the lower
explosive limit. Operator shall immediately notify the Fire Department, and take
corrective action as directed by the Fire Marshall.
12. Ingress/egress in and out of the gas well site shall be restricted to the hours of 8:00 am to
5:00 pm, Monday through Friday; and 11:00am to 5:00 pm, on Saturdays and Sundays,
unless drilling or fracturing operations are actively in progress.
13. Drilling, fracturing of all the five gas wells shall be completed within two (2) years from
the date actual drilling is commenced on the first gas well.
14. Gas well operations shall incorporate the best practices recommended in the letter dated
July 8, 2009 and attached hereto as Exhibit C.
15. Operator shall use a closed loop drilling mud system during drilling operations.
16. Directional lighting shall be optimized to minimize disturbance of residential neighbors
to the east of the site.
17. Flaring shall be restricted to the hours of 8:00 am to 5:00 pm, Monday through Friday;
and 11:00am to 5:00 pm, on Saturdays and Sundays.
sAour documents\ordinances\09\s09-0006 updated ordinance (2).doc
18. Operator shall utilize its best efforts to obtain access to and from the gas well site from
the west, through the Allegiance property, to the proximity of IH-35 and Scripture Road.
Operator shall promptly notify the City of its inability to obtain such access.
19. The well head locations shall be located as far west as possible, consistent with
applicable restrictions and reasonable access by the operator.
20. A maximum of 5 storage tanks are allowed on the site, and none shall exceed eight feet in
height, as installed.
21. Violation of any of the above conditions shall be cause for prosecution under the Code, or
for revocation of this Specific Use Permit, pursuant to Section 35.6.6 of the Development
Code.
SECTION 3. The Specific Use Permit Plan attached hereto and incorporated herein by
reference as Exhibit "B", is hereby approved for the Property described in the caption of this
ordinance.
SECTION 4. A copy of this ordinance shall be attached to Ordinance 2008-284, showing
the amendment herein approved.
SECTION 5. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 6. Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 7. This ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of
Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the L14 day of ealid.-I '2009.
M A. G f6AAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
sAour documents\ordinances\09\s09-0006 updated ordinance (2).doc
APPROVED AS TO LEGAL FORM:
sAour documentsbrdinanceaW9ls09-0006 updated ordinance (2).doc
Exhibit A
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Exhibit B
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Exhibit C
Noise Management Plan
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July 8, 2009
City of Denton
Attn: Mr. Nana Appiah.
Senior Planner
221 N. Elm
Denton, Texas 76201
(940)349-7785
RE: Range Production Company - RAYZOR UNIT #11% 2H, 3H, 4H, 5H
Noise Management Plan
Dear Mr. Appiah:
Range Production Company and ENRG have prepared a Noise Management Plan for the Rayzor
UNIT #IH, 21-, 3H, 4H, 5H drilling location. The Rayzor Unit #IH, 211, 3H, 411, 5H is located at
approximately Latitude 33.22.113 Longitude -97.16156: According to Google. Earth maps and visual
observation, the proposed well sites are located west of Bonnie Brea Street and north of Scripture
Street (Figure 1). At the time of the ambient sound. level test, the well pad had not been constructed
and there were protected uses within 600 feet of the proposed wells. The •approximate elevation at
the proposed location is 692 feet above sea level. The topography dips gently to the south with
elevations ranging from 690 feet to 730 feet above sea level within 1,000 feet of the proposed drill
site (Figure 2). The prevailing winds anticipated at the time of drilling the Rayzor Unit #114, 2H, 314,
4H, 5H will be to the northwest. Southerly winds are frequently high and may persist for several
days. However, strong northern winds often occur during the passage of cold fronts and spring
storms.
This Noise Management Plan was. prepared to conform to the City of Denton's request detailing how
noise regulations will be met.
Noise Mitigations Options
There are many proven ways of mitigating noise from oil and gas operations. Figure 3 is an
illustration of typical noise levels generated during construction/oil and gas operations.
Noise from Drilling & Completion Operations
During drilling and completion, operations noise management will include, but not be limited to the
following:
1) Installation of noise curtains, walls, or enclosures onsite
2) Plarming'rig orientation. (if feasible) with the V-door pointed away from protected=uses
3) Restricted to daytime operation: delivery of pipe, casing and heavy loads; the use of horns for
communication; vehicle back-up alarms
4) Frac jobs"to lie eonducted,only duting.daylight hours OPC
P.O. Box 810658 ■ DaHas, TX 75381 • 214 674 3762 w todd@ertrWaiisultarts,com
sAour docurrientsbrdinances\09\s09-0006 updated ordinance (2).doc
Noise from Pumpjacks
If a pumpjack is required, a low-profile pumping unit cat: replace the conventional unit, which uses a
30- to 40-foot beam and looks like a giant, bobbing horses head. The conventional pump is run on a
gas- or diesel-powered engine, which is noisy and unpleasant smelling. Alternatives to this large
pump nclude ;tsing a pneumatic pumping device that doesn't require an engine, therefore,
minimizing noise levels. This pump stands about 10 to 15-feet tall. In some cases however-,
pneumatic pumps will not function properly if water is extracted while extracting methane gas.
Consequently, when larger amounts of water are produced, an alternative to the standard beam pump
is the progressive cavity pump. These pumps come in different shapes and sizes. Like the pneumatic
pump, they can run on electric motors that are much quieter than conventionalapurpps.
Vehicle Noise
Noise created by operators constantly driving in and out from the well pad to monitor well production
can be mitigated using an automated monitoring system, which allows wells to be> monitored
remotely (e:g., from the company's office). Vehicle noise may also be controlled to some extent by
limiting the hours that operators may utilize residential roads for accessing wells (e.g., limiting
vehicles to the hours of 7:00 a.m. to 9:00 p.m., except in emergency situations).
Engine Noise
To mitigate noise impacts from engines, sound barriers made out of steel and sound-absorbing
insulation (i.e., NOT Styrofoam) may be used. Sound barriers may be placed in an L-shape above the
engine, extending past the sides of the engine. To :reduce noise in sensitive areas, pumpjarks,
engines, well-site, or field compressor&may be entirely encloseddri a sound-,insp.Wed building,
Some engines can operate at a constant number of revolutions per minute (RPM), which reduces the
often annoying, fluctuating noise caused by engines that speed up and slow down. Mufflers, like
those used for automobile engines, can be used to minimize engine noise. In noise sensitive
situations, a series of hospital-grade mufflers would be more effective at reducing noise from
engines.
In some situations, natural gas or diesel engines can be replaced with electric motors. These motors,
if properly installed, tend to be quieter than their engine counterparts. The use of electrical motors
depends on the availability of electricity, and whether or not a company is willing to run an electrical
line to the site.
Compressor Noise
Noise from compressors can be mitigated most effectively by treating each significant noise source:
gas turbines or engines, compressors, exhaust outlets and air inlets, and cooling. and ventilation fans,
Abatement may involve changing the blades on farts, which can change the frequency of soured
emitted, thereby removing the annoying tortes. Engine noise can be muffled using automotive-type
P.0, Bois 810658 v Dallas, TX 75361 w 214 6)4 37621 ® to ddoenrgconsuitants.com
sAour documentsbrdinances\09\s09-0006 updated ordinance (2).doc
mufflers, or by housing the engines in acoustically insulated structures. The entire compressor can
also be housed in an acoustically insulated building.
Noise Mitigation. Measures
Noise mitigation measures to be employed during the drilling of the Rayzor Unit #1H, 2H, 3H, 4H,
5H inchuiethe following-
• This rig to drill these wells has been designed and equipped with noise mitigating equipment
including devices to minimize squeaking from the draw works brakes,
• A sound barrier will be installed along the perimeter of the pad site. This sound barrier will
be a minimum of 1.4 #t high. Attached on Figure 4 is the typical sound wall instslladort
showing the typical reduction in noise level (I5 - 20 dBA) from a 14 ft high sound wall;
• Freeing operations will be limited to between the hours of 6.-00 AM and 7:00 PM; and
• Periodic noise monitoring will be conducted during the drilling program to ensure that noise
levels are maintained in compliance.
Please call me at (214) 674-3762 or Mary C. Patton at (8 17) 870-4140 if you have any questions or
comments.
Sincerely,
Todd H. Boring
President
The Environmental & Natural Resources Group, .Inc..
Attachments
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