Well Location; Exceptions Clause Samples

Well Location; Exceptions. The County believes that the potential impacts attendant to future gas development would be best mitigated for the County as a whole if future Fruitland Coal ▇▇▇▇▇ are drilled on existing well pads (“Pad Drilling”). In support of this policy, in situations where reasonable efforts fail to produce a surface use agreement concerning Pad Drilling between Black Hills and the surface owner, the County, in its discretion, may approve the Infill County Permit for Pad Drilling. Special exceptions to Article 2.1 may be requested by Black Hills in its applications for Infill County Permits. The County will grant special exceptions when the County finds that one or more of the following factors apply in a manner such that use of an existing Well Pad is rendered impractical: a. topographic characteristics of the site; b. natural resource constraints (e.g., wetlands); c. the location of utilities or similar services; d. geologic factors or where issues concerning distances between ▇▇▇▇▇ are present; e. other site conditions beyond the control of Black Hills; or f. safety concerns. In rare circumstances, the County may also, in its discretion, grant a special exception to Article 2.1 at the request of the surface owner and Black Hills based upon other impacts that may arise from Pad Drilling. Nothing herein shall be construed or applied so as to result in the complete preclusion of an Infill Well authorized by the COGCC. The limitation contained in Section 2.1 shall not apply in any instance in which the County denies a permit application to drill a well from an existing Well Pad or to expand an existing Well Pad.