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Ordinances and Gas Royalties - One man's blessing - many others cursed

by rcs1

promoted by roxy317

Crossposted on  The Arlington Texan and Texas Koas.

On the agenda for the Arlington City Council meeting Tuesday, July 24 are proposed changes to the gas drilling ordinance. Arlington is situated over the Barnett Shale. This is seen as some as a blessing. To others it could prove to be a curse.

The United States Geologic Survey states that "the Barnett Shale may have 26+ TCF in recoverable gas reserves, which gives it the potential to become one of the largest onshore gas fields in the country."

Texas state law only requires a 300 foot setback from residences and gas wells. Many feel this is "too close for comfort."  I grew up in East Texas. It was common to see blue flames in pastures when gas wells blew. The wells would burn for days, sometimes weeks until the gas well "burned itself out".

In densely populated urban areas which have poor air quality, one well "burning itself out" will adversely impact air quality.

Arlington Mayor Pro Tem Ron Wright told the Fort Worth Star Telegram

that the 300-foot setback is safe and that as long as companies use sound-muffling devices, the noise should be tolerable.

Personally, I think before any gas wells are drilled in Arlington within 300 or 600 feet of a house, school or business, there should be a pilot program. Test wells should be drilled within 300 feet of Ron Wright's residence and the residence of any member of the City Council who favors a 300 foot set-back! Hopefully, they will not own the mineral rights to their property. That will allow them to experience the reality of many Arlington property owners who will not receive royalties but are facing gas wells being drilled on adjacent property near their residences!


commentary :: :: :: buzz-it!
Oil/gas industry insiders outlined our delimma:
The rapid expansion of drilling into Tarrant County, combined with high rates of population growth, sets the stage for potential conflicts as to land usage, environmental stewardship, the rights of mineral owners and the exploiters of those minerals.

There are several significant challenges that face the expansion of the Barnett Shale play outside its core area, including bottom seal and gas pipeline/gathering infrastructure and gas marketing issues. Additional challenges faced in the urban portion of the play include onerous oil and gas lease provisions, air quality attainment issues, visual impact and noise standards, conflicting municipal and home owner association regulations and frac water cost and availability.
(Source: Barnett Shale and Other Fort Worth Basin Plays - Ellison Miles Memorial Symposium -June 22-23, 2004,Ellison Miles Geotechnology Institute,  Brookhaven College, Farmers Branch, Texas)

Two gas drilling ordinance issues will be discussed Tuesday at the Arlington City Council meeting:.

  1. How far (set-back) gas wells are to be drilled from houses and schools, churches and businesses.  State law allows 300 feet. City of Fort Worth restricts them to a 600 foot set-back. I think that 1000 foot is a more reasonable distance for safety and quality of life issues.  The closer the set-back, the more pipelines will be run throughout the city. Most gas accidents occur when people dig into pipelines. Drilling rigs eventually are taken down but the pipelines remain. Despite laws that require contractors to call before digging, cutting through pipelines is a common. Citizens in Arlington deserve a margin of safety; when considering accidents involving explosions or the necessity of allowing natural gas to "burn itself out" in a densely populated urban area, 1000 feet between drilling sites and residence, schools and businesses is not too much.

  2.  The City Council will consider requiring drilling companies to use a "closed loop" drilling system with bins to collect the drilling waste instead of open pits.  This should be a requirement. Open pits allow for seepage of contaminated liquids into the soil and endanger aquifers and groundwater. Even though Arlington does not get municipal drinking water from aquifers, neighboring Pantego and Dal Worthington Gardens municipal drinking water is from wells. One drilling accident in Arlington which contaminates a neighboring communities drinking water could easily wipe out all the "profits" from gas leases.

Bins vs. Pits
If they do not restrict drilling to bins instead of pits, we'll see a series of nasty, two acre ponds spring up all over Arlington adjacent to drilling sites. These ponds are filled with foul smelling toxic sludge. They are dangerous to pets, wildlife and children.  We require gates around swimming pools. Even though children are told not to swim in creeks during flash floods, some do. Warning children to stay out of the drilling site sludge ponds will not keep them out. It is more difficult to fence in a two acre pond than it is to contain drilling waste in bins. Here's what a sludge pit looks like.

In Arlington drilling companies are going to utilize slant drilling. Some of us became familiar with the technique back in the 1960s. It was used to drain the resources from underneath neighbors land. Those who got the check and those who actually owned the gas or oil were usually not the same once slick operators drilled slanted wells. Now they are using them to allow several wells to be drilled from one drilling site in densely populated areas like Arlington. It has allowed exploration of River Legacy Park with the actual drill site being in the Arlington Municipal Land Fill.

The first wells in Arlington have been on municipal property away from residences.  During Phase II they are beginning to drill on ASID property, UTA and the Masonic Home property. The Mason's have considerable acreage but their property is near residences.  Drilling on school property is much more problematic. School administrators and Board members are trying to solve budgetary problems with gas royalties. The safety of children is more important than seeking quick-fixes for school district budgets.

Phase III will be in residential area on private property.

Accident - What isn't expected to happen.
It is important to remember that accidents are what happens when people don't expect anything to happen.  Even though we are told "that it is safe," that "accidents are rare," and we "have nothing to worry about",  there is no one that can assure us that an accident won't happen.  Three very vivid examples are etched in my mind. The New London School explosion was cause by a leak of unscented natural gas which cost the life of a generation of school children. It led to the requirement of adding a chemical to gas to give it a scent. However, sometimes the scent is filtered out in the soil. The explosion in Cleburne which cost Hazel Pawlik's her life and injured several famil members was one where witnesses have testified that there was no scent of gas in the house before it blew up. The couple noted that when they lit a match they got flares like you get when you open a flame on a stove. The house was all electric. It was determined that gas collected in the sewer system from a leak in a natural gas pipeline.  

A similar event occurred while I was living in Grand Prairie. Residents reported the scent of gas in their neighborhood but the gas company was unable to locate a gas leak. I only lived a few blocks from the edge of that devastated neighborhood. It was a neighborhood of well maintained modest three bedroom homes where many familes had lived for 20 to 30 years. After gas leaked into the sewer system, and exploded, that neighborhood (a ten block radius) looked like an atomic bomb had hit it. Homes were condemned for ten blocks. Most were considered total losses by the insurance companies.

The gas company said "it couldn't happen". People believed it wouldn't happen. Even after it occurred, engineers argued that it was a "freak occurrence" and not something that anyone could "expect to happen again here or elsewhere."  Driving through that neighborhood convinced me that we need to exercise extra caution. Just because we're told that "it can't happen" or "it won't happen" doesn't mean that it "hasn't happened" or it "won't really happen."  Having seen what occurred in New Boston and Grand Prairie and Cleburne, I don't think mixing school children and gas drilling is a good combination.  I don't think doubling and tripling and quadrupling the miles of pipelines underneath a densely populated city is a smart. I don't think billions of dollars of royalties is a good enough trade for increasing the risk to children, families and fellow citizens.

Texas needs a 1000 foot setback requirement for gas drilling in urban areas.

Arlington needs a 1000 foot setback requirement to minimize the additional pipelines which will be necessary to serve gas wells. Arlington must have closed loop drilling systems.  

Another ordinance Arlington needs to enact and enforce is a requirement that generators and equipment used on drilling sites much be clean.  Nine counties in the DFW N. Texas Area are non-attainment air quality area. The EPA announced that air quality targets would not be met because of the escalation of gas drilling in the region.  Air Quality planners had failed to incorporate

the emissions rich-burn" gas compressor engines which produce high levels of nitrogen oxide (NOx) located near individual gas wells or at extraction junctions, used to move natural gas to market.

Though most produce less than 500 horsepower, official estimates indicate the engines emit 32 tons of NOx per day and contribute to the growing Metroplex air quality problem.

See Regional Focus on Air Quality

These compressors need to be retrofitted in order to comply with new rules. Senate Bill 2000 established a $4 million dollar grant program to help reduce emissions from these engines. The City of Arlington needs to require all drillers to use engines which do not emit NOx.  

The City cannot rely on the State and Federal Government to protect our city. We need strong ordinances and strict enforcement. We certainly cannot rely on the Mayor Pro Tem to protect our environment. Ron Wright, though many things, is not environmentally conservative.  
The failure of air quality planners to estimate the ozone emissions of generators and equipment used on drilling sites caused the EPA to notify this region that this area will not achieve air quality targets in 2010.

Poll

What is the appropriate distance from homes and schools and businesses for gas well drilling?
300 ft
500 ft
1000 ft
1500 ft
less than 300 ft
More than 1500 ft
Shouldn't be drilled in towns and cities.

Votes: 36
Results | Other Polls
Display:
In Fort Worth Chesapeake Energy has purchased 55 acres in Fort Worth adjacent to Tandy Hills Nature Area. The site contains some of the oldest largest most magnificent trees in Tarrant County. Chesapeake intends to use this land as a pad site for gas drilling. Don Young of Fort Worth CanDO has been trying to get citizens to help educate Chesapeake regarding the importance of the trees in that parcel of land.

Friends of Tandy Hills Nature Area
P.O. Box 470041
Fort Worth, TX 76147
817-731-2787
Friends of Tandy Hills Nature Center

Once we relinquish our environment, it is very difficult to reclaim part of it.

One letter written to Chesapeake regarding the woodlands by the Nature Center is:

To: Ms. Julie H. Wilson
Vice Pres. Corp. Development
Chesapeake Energy Corporation
Dear Ms. Wilson,

You have probably read many of these notes to you over the past few weeks.  I want to add my own voice to those of the other concerned citizens. My name is Greg Carroll.  I am a State Historian for the State Archives of West Virginia.  But I am from the East side of Fort Worth and as a child I was even taken into the Tandy Park hills on walks by my parents.  This was long ago and over the years I have often gone into the Tandy Hills to get away from the concrete and uniformity.  These precious hills and creek beds are a very rare treasure.  When I was in Junior High at Meadowbrook we would walk over and run through the woods there.  It was even ore "wild " then than now.  In high school at Eastern Hills I often took hikes there with friends and had picnics there to watch the sun go down.  I have so many fond memories of these wild areas.  The flora and fauna are irreplaceable!

  After finding out that your corporation had bought the eastern 55 acres around the towers I became worried that you might not realize what a wonderful community asset you were in possession of!  Despite what you may think about your ability to not "too harshly impact" this rare area I must insist that you take a long look at the possibility for dangerous damage that might be brought on by drilling activities.  Mistakes can happen and the results might permanently change the environment of this classic ecosystem.

  I think also that if you considered the positive publicity you could garner by donating these acres to groups that can protect their wildness you might produce a win/ win situation.  You would be doing the community a real service and making your corporation look very good in
the process.  Think about it!

  We all realize that we are all effecting our environment in negative ways.  But by demonstrating your sensitivity in this instance you could show the whole city that you are not just in this for immediate short term profit.  Your long term reputation will be enhanced in a very valuable way.  It is essential for corporations to begin this LONG TERM PLANNING because Americans are getting fed up with the old slash and burn method regardless how rich it may make your stockholders in the next three years.  Please consider this as a wonderful opportunity to show you have brains not just power.

  I will be awaiting your reply and will be hoping that the answer you choose will allow my own sons to run around in the wild Tandy Hills like I did a half century before.  I come back to visit my father, brother , and four nephews and nieces many times each year.  I want to be able to know that I can still find this amazing piece of Texas natural history untouched and preserved.  Please remember that it may be your choice to be seen as a "Preserver" - with all the positive publicity this could bring - or a "Destroyer", bringing lawsuits, protests, ill will and infamy from your fellow citizens.  Make the right choice.

  Thank you for listening to my story,

Sincerely,

Greg Carroll
St. Historian, WV Archives




by Faith Chatham on Tue Jul 24, 2007 at 02:17:08 AM EST
You noted:

Personally, I think before any gas wells are drilled in Arlington within 300 or 600 feet of a house, school or business, there should be a pilot program. Test wells should be drilled within 300 feet of Ron Wright's residence and the residence of any member of the City Council who favors a 300 foot set-back!  Hopefully, they will not own the mineral rights to their property. That will allow them to experience the reality of many Arlington property owners who will not receive royalties but are facing gas wells being drilled on adjacent property near their residences!

I'm surprised at the setback issues, quite frankly. Why? Because the technology exists to actually drill without having the 'well' itself close to the actual source of oil/gas.

It's not uncommon technology (and, of course, I can't remember what it is called), as I understand it (came about around 1998), though perhaps it is more expensive.

Anyway, you can direct the pipes underground and then to the 'rig' itself which can be fairly far away.

In a small town in East Texas that is very petroleum rich, there was a fairly large oil deposit in the front yard of the high school. Drilling, etc. would have disrupted traffic flow, been unsafe, etc., so they set up the rig across the highway and bored under the ground to the oil.

I believe this can be done w/ gas, too.

by CapitolAnnex on Tue Jul 24, 2007 at 12:47:33 PM EST

I have read some about this ... and know they are using for oil.

by roxy317 on Tue Jul 24, 2007 at 03:35:29 PM EST
[ Parent ]
Our family had some land in East Texas where the oil company drilled a "horizontal" ie slanted well and failed to compensate the land /mineral rights owners.  The gas wells in Arlington are being drilled slanted/horizontal so that they can get 3 to 5 wells per drilling site.

Many land owners don't realize that when they grant them drilling rights, unless they specifically restrict surface access, the drilling company has a choice of where they drill!  

Another factor most people don't consider is that many mortgage lenders has an acceleration clause which kicks in if the property is too close to a drilling site. Realtors aren't very good about disclosing this to prospective buyers even when they know it! Only a percentage of homeowner own the mineral rights. The leasing companies meet with mineral rights owners and adjacent homeowners (without mineral rights) are left to dig up information for themselves regarding their rights and legal options. In Fort Worth and Arlington, the cities have signed multibillion dolar leases with the gas companies and are not good resources for citizens wanting to oppose drilling near their homes.

For every one who gets a few bucks from a urban mineral lease, there are many more nearby whose homes depreciate in value but who are not compensated for the wells leased by their neighbors.

by Faith Chatham on Wed Jul 25, 2007 at 04:55:15 AM EST
[ Parent ]

critical because of the proliferation of the pipelines. Even though a rig may not be near your home, if the number of pipelines multiplies in or near your property, you face increased risk of an accident. Most of the accidents regarding gas transmission are pipeline accidents. Those things are just an accident waiting for someone with a backhoe to trigger.

There has been some publicity lately on the flaws in some of the joints which are common on pipelines in Texas. Gas which leaks out of pipeline travels, and when some of it gets into the sewer systems of homes and business, that creates risks.  That is what happened in the neighborhood in Grand Prairie which was blown "to smitherines".

The pipeline accident which changed the industry was in 1937  when 298 people, mostly students, are killed in a gas explosion at a school in New London It is cited by many historians was is the worst school natural disaster in U.S. history; U.S. Government passes laws that the an early warning agent (odorants) must be put into
natural gas to give it an identifying smell. That event is listed on Texas Timeline.  

by Faith Chatham on Wed Jul 25, 2007 at 11:27:47 AM EST
[ Parent ]

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