Natural gas, wind energy discussed by planners

WARM SPRINGS — The possibility of natural gas drilling in Bath and the continuing efforts to draft a wind energy ordinance for the county are topics still in flux for the county planning commission.

Monday, planning director Sherry Ryder said she learned in March that Rockingham County had received a conditional use permit for natural gas drilling, and the county administrator’s office had also received correspondence asking other localities to become aware of possible drilling and to take action if needed.

Ryder said a conference call was held with the Virginia Department of Mines, Minerals and Energy. Bath has not been explored to see if sufficient marcellus shale exists in the county for drilling. In addition, Ryder said, an underground line is needed to transport the gas, and no such lines exist in Bath.

Commission chairman Mike Grist said the concern was raised over a procedure called hydrofracturing, in which the shale is cracked and the gas released. The process uses large amounts of water along with sand and chemicals, which is injected into horizontally drilled wells at high pressure, causing the shale to crack.

Each drilling, Ryder said, requires about 3 million gallons of water. The water removed from the drilling must be treated and cannot be returned to streams until all sediments have been removed, and cannot be placed in an existing treatment plant, she said. The water contains a large amount of salt and other contaminants before treating, Ryder continued.

“The extraction of gas and oil requires a conditional use permit in A-1 and A-2,” Grist said. “Exploratory wells can’t be dug without a permit. I don’t think this county is in danger of these problems with drilling. They can’t do it without a conditional use permit.”

Grist questioned whether more regulations need to be added for further protection. He also said it is illegal to single out any particular activity and have an ordinance to forbid it. “I think we’re covered,” he said. “I don’t know what else to do unless we get into a lengthy, involved regulation. It still requires a conditional use permit.”

Ryder said before any such application would come before the commission, all necessary documentation would have to be in place, then the application would have to be advertised for two months and a public hearing would be held.

“That’s the good thing about the CUP process. It brings people out,” Grist said.

Ryder said she received a recommendation from county administrator Bonnie Johnson suggesting a change to the county land use regulations may be appropriate. That recommendation involved moving the extraction of gases and oils to a permitted use in M-1, manufacturing, districts only. That would require applicants to not only seek a conditional use permit, but also rezoning; thus, the planners, board of zoning appeals and board of supervisors would all have to consider such permits.

“We have not looked at M-1 that way when we do our comprehensive plan,” Grist said.

Ryder said Rockingham would not likely have received its application had there not been wellheads and pipelines in place from a previous project.

“We have it under a CUP. They have to come to us. I don’t see where it’s a problem,” planner Ronnie Dunnagan said.

The planners agreed the M-1 district should not be used in such a fashion. “I feel like we would be changing our comprehensive plan. Entertaining the idea of adding M-1 in agricultural areas, that’s spot zoning. M-1 is not used lightly in any county,” Grist said.

No action was taken, but the commission decided to discuss the issue further in upcoming meetings.

Wind energy

A brief discussion was also held on a prospective wind ordinance for Bath. The latest draft of such an ordinance was written in November 2009. Monday, planners discussed models presented by Ryder from Rockbridge and Rockingham counties.

Rockbridge and Rockingham have separated regulations for smaller, residentialtype wind facilities and commercial wind facilities into separate ordinances, and the Bath planners decided to use this approach. Ryder was directed to prepare a draft small wind facility ordinance first.

This will be discussed at a future meeting once Ryder has the draft completed.