Commissioner Greg Miles, Leslie Pearson with Finley Resources – Uinta Wax, JD Kesler with Parsons Behle & Latimer, attorney for UPA, Don Bromley with Ovintiv, Tiesha, Deputy Clerk-Auditor Lexie Young, Jeff Chugg, Scott Duncan with XCL, 435-219-0963

Community Development Director Mike Hyde explained that Duchesne County proposes to amend its zoning ordinance to define flare gas, flare gas power generation, and flare gas facilities, specify in which zoning districts such facilities are allowed, and specify how their anticipated impacts are to be mitigated. It is recommended that flare gas power generation facilities be allowed with a conditional use permit in the Commercial, Industrial, A-10, A-5, and A-2.5 zoning districts. These facilities would be prohibited in the R-1 and R-1/2 zoning districts.

The proposed ordinance requires flare gas power generation facilities to be set back at least 1,320 feet from primary or secondary residences or buildings open to the public. To mitigate noise impacts, a flare gas power generation facility must be designed to avoid more than 35 decibels increase above ambient levels but not to exceed 60 decibels. Flare gas power generation facilities must also comply with Section 3-1-4 (G) (1) (d) of the County’s Nuisance Ordinance, which defines a nuisance as: “The use of any mechanical device, operated by compressed air, steam, gasoline or otherwise, unless the noise created is in connection with work being done by authorized agencies or an agricultural activity and/or is effectively muffled between the hours of nine-thirty o’clock (9:30) P.M. and seven o’clock (7:00) A.M.

Flare gas power generation equipment must be installed on professionally designed industrial vibration isolators or other vibration reduction technology to minimize high-frequency vibration concerns.

The ordinance cannot apply retroactively to flare gas power generation facilities already established in the County. Its provisions will not apply if a citizen elects to build a home or a building open to the public within 1,320 feet of an existing flare gas power generation facility.

The proposed ordinance was first reviewed during a public hearing conducted by the County Planning Commission on May 1, 2024. Upon hearing numerous concerns and requests for an extension of time to review and comment on the ordinance, the Planning Commission recessed their public hearing until June 26, 2024, to allow for further study of the regulatory options.

During the review period, several suggestions were made by the industry partners, such as the Utah Petroleum Association, Crusoe Energy Systems LLC, Ovinti, Javelin Energy Partners, WEM, and Holland & Hart LLP. When the Planning Commission reopened its public hearing on June 26, 2024, no one appeared to speak in opposition to the ordinance. Believing that the ordinance strikes an appropriate balance between residential and industry interests, the Planning Commission recommended unanimously that the ordinance be approved.

Shawn Welch, with Holland & Hart LLP, here on behalf of Crusoe Energy Systems LLC, stated his address and spoke in favor of the ordinance. He commented on ordinance #24-407 line 105 – Flare Gas Power Generation facilities must be set back at least 1,320 feet from the nearest primary or secondary residence or building open to the public to provide a noise and vibration buffer unless the owner(s) of said residences or buildings consent in writing to a lesser distance and said consent is submitted with the conditional use permit application. He reiterates what Community Development Director Mike Hyde and Community Deputy Director Mike Gottfredson said. He attended the Planning Commission meetings and he appreciates the interaction and communication that has been had with Crusoe Energy Systems LLC. He has no issues with the ordinance and thanked the parties for working with them and hearing their concerns.

Sarah Axelrod, representing Crusoe Energy Systems LLC out of Denver, CO., spoke in favor of the ordinance. She thanked the parties for their time, thoughtfulness, and patience