§ 8.36.060. Gas well permit application requirements.

No permit shall be issued until a copy of the approved Railroad Commission permit to drill, together with all submitted attachments and survey plats which are applicable to the drill and operation sites are submitted to, and approved by, the city engineer or designee.

A.

Application in Writing and Signed: Every application for a gas well permit issued pursuant to this chapter shall be in writing, signed by the operator, or some person duly authorized to sign on his/her behalf, and filed with the city engineer or designee.

B.

Permit Fee: Every application shall be accompanied by the permit fee(s) required in Chapter 1.12 of the Benbrook Municipal Code.

C.

The application shall include the following information:

1.

Well Name: Proposed well name.

2.

Date/Type: The date of the application and type of well permit being requested.

3.

Operator/Applicant Name and Address: Designate if the operator is a corporation, the state of incorporation, and, if the operator is a partnership, the names and addresses of the general partners.

4.

Operator's Agent: Name, address, and phone number of individual designated to receive notice, correspondence, or communications regarding the permit.

5.

Emergency Contact: Name, address, and phone number (that is answered on a twenty-four-hour basis) of the person to be notified in case of emergency on drill site. Operator must furnish, and provide regular updates, the emergency contact information to the fire chief of the Benbrook Fire Department.

6.

Operations Manager: Name of the representative with regulatory response and supervisory authority over all gas operation site activities and a phone number that is answered on a 24-hour basis.

7.

Legal Description: An accurate legal description of the lease property to be used for the gas operation, the parcel and the production unit, and name of the geologic formation as used by the Commission. Property that has been recorded by plat should reference subdivision, block and lot numbers.

8.

Transportation Route Map: A map showing the proposed transportation route(s) for equipment, chemicals, water or waste products used or produced by the gas operation.

9.

Leased Surface Owner Information: Surface owner names(s) and address(es) of the pad site property, along with a copy of the surface use agreement.

10.

Parcel Information: List of property owner names and address and mailing labels (in electronic format) for each parcel of property within one thousand feet (1,000') of the proposed drill site.

11.

Gas Well Site Information: The exact and correct acreage and number of wells, if applicable, included in the gas well permit application.

12.

Structures in Proximity: Location and description of all improvements and structures within six hundred feet of the well.

13.

Water Source: A description of the water source to be used during drilling and the method and route of conveying that water from the source to the well site.

14.

Insurance and Security: Evidence of insurance and security requirements under this chapter.

15.

Signage: As part of the gas well permit application, the operator shall submit plans for the required sign, including dimensions and content, for city engineer or designee approval. Within twenty-four hours of approval of the sign plan by the city engineer or designee, the operator, at his expense, shall erect at least one sign, approved by the city engineer or designee, no less than three feet by three feet (3′×3′), upon the premises for which a Gas Well Permit has been requested.

Where possible, the sign or signs shall be located in a conspicuous place or places upon the property at the point or points nearest any right-of-way, street, roadway or public thoroughfare adjacent to such property. The city engineer or designee may require additional signage if the premise fronts more than one right-of-way, street, roadway, or public thoroughfare.

a.

The sign shall indicate that a gas well permit to drill for gas has been requested, and provide an applicant/operator telephone number for public inquiries.

b.

The continued maintenance of any such sign(s) shall not be deemed a condition precedent to the holding of any public hearing or to any other official action concerning this chapter.

c.

The sign shall remain posted at the pad site. Upon approval of the gas well permit by the city, the operator shall modify or replace the sign to indicate that a gas well permit has been approved for the site.

16.

True and Correct Statement: A statement, under oath, signed by the operator, or designated representative, that the information submitted with the application is, to the best knowledge and belief of the Operator or designated representative, true and correct.

17.

Required Attachments (Permits/Plans/Reports) to Application:

a.

Commission Permit: A copy of the approved Railroad Commission permit to drill, together with attachments and survey plats which are applicable to the drill and operation sites.

b.

Commission Reports: Copies of all reports submitted to the Railroad Commission as may be requested by the City Engineer or designee.

c.

Surveyed Site Plan: A surveyed site plan of the proposed operation site shall display a Registered Professional Land Surveyor seal, a legend with a scale for measurements and north arrow, and a complete legal description. The site plan shall include specific details of the projected location of the major components of the drilling site, location of all improvements and equipment, including the location of the proposed well (s) and other facilities, including, but not limited to, tanks, City-regulated pipelines, compressors, separators, lights, storage sheds, fencing and any access roads. The site plan shall show the location of specific wells, pipelines, tanks and reservoir(s) in relationship with existing and proposed water and sanitary sewer lines and any other utility easements. The site plan shall also indicate any floodway and floodplain boundaries or city recognized drainage ways and the elevation and slope of the pad site, creeks and other topographic features, adjacent buildings and other structures and the measured distance from the well site to these buildings and structures, temporary and permanent fencing and landscape.

d.

Road Damage Remediation Agreement: An original, fully executed road damage remediation agreement that has been accepted by the city engineer or designee. If a road damage remediation agreement has been filed with the city, the operator may submit a copy of that agreement with subsequent permit applications. A road damage remediation fee will apply for each gas well permit. The fee is set forth in Chapter 1.12 of the Benbrook Municipal code.

e.

Erosion Control and Grading Plan/Permit: An approved erosion control and grading plan, required by the city under Chapter 15.42 of the Benbrook Municipal Code, is required to prevent any off-site migration of salt or sediment. Upon approval of the plan, a permit is issued by the community development department.

f.

Storm Water Pollution Prevention Plan/Notice of Intent: Where required or applicable, a copy of the Storm Water Pollution Prevention Plan as required by the city, Texas Commission on Environmental Quality (TCEQ) and/or U.S. Environmental Protection Agency (EPA). A copy of the notice of intent (NOI) shall be submitted to the City of Benbrook three (3) days prior to the commencement of any onsite activity.

g.

Groundwater Determination: A copy of the determination by the Texas Commission on Environmental Quality (TCEQ) of the depth of useable quality ground water.

h.

Fracture Pond Permit: Fracture pond approval/permit from the Community Development Department, pursuant to Section 8.36.120 of this chapter, if applicable.

i.

Surface Reclamation Plan: A surface reclamation plan to restore drill site and fracture pond/pit property through clean-up, maintenance and landscaping (in accordance with Chapter 27 of the Benbrook Zoning Ordinance—Ordinance 808 as amended.) The surface reclamation plan must meet the requirements outlined in Section 8.36.120 of this chapter.

j.

Gathering Pipeline Route: The proposed gathering pipeline route from the well to the transmission pipeline, including all existing and proposed city rights-of-way and public or private property crossed by the proposed gathering pipeline.

k.

Noise management plan as outlined in Section 8.36.120B.

l.

Concept Plan: Where applicable, a concept plan for future development of the property containing the proposed well and pipeline routes demonstrating that future development will not be unreasonably restricted by the well and pipeline locations. The concept plan shall not constitute an application for development under the city's development ordinances or Chapter 245 of the Texas Local Government Code, but is simply used to show that the orderly growth and development of the city will not be unreasonably hindered by the proposed well and pipeline.

m.

Floodplain Permit: No gas well permit shall be issued for any well to be drilled within any special flood hazard area (100-year floodplain) identified by FEMA on the most current FIRM, without first obtaining a floodplain development permit from the community development department.

n.

Hazardous Materials Management Plan (HMMP): As described in Section 8.36.120 of this chapter, showing all hazardous materials that will be located, stored, transported and/or temporarily used on the operations site.

o.

Emergency Response Plan: Prior to the commencement of any gas or other hydrocarbons production activities, operator shall submit to the city engineer or designee an emergency response plan establishing written procedures to minimize any hazard resulting from drilling, completion or producing of gas wells. Said plan shall use existing guidelines established by the Commission, Texas Natural Resource Conservation Commission, Department of Transportation and/or the Environmental Protection Agency and city fire code. A copy of the emergency response plan shall be provided to the city fire chief and kept on site.

(Ord. No. 1286, § 1, 5-21-09; Ord. No. 1316, § 1, 4-21-11)