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Saturday, November 23, 2013

Gaping Fracking Loopholes Usher in Reckless New Development

How close is too close?  How about 40 feet downwind?  That is the approximate distance between this newly constructed office building to an existing Chesapeake operated drill site in Arlington, Texas.   How did the developer manage to get this done when the City's gas drilling ordinance mandates a setback distance of 600 feet from the drill zone to a protected use, unless of course a waiver is obtained which happens quite frequently?  We have learned that not only in Arlington, but also in adjacent cities, that this rule applies only for existing housing developments, hospitals, schools, daycare facilities, etc.  Apparently, most Texas municipalities believe that the "Rights" of a private property owner supersede the health and safety of those individuals who will be faced with living, going to work or conducting business near these locations.  


Newly constructed medical office building adjacent to the Rocking Horse Gas Drill Site located near the intersection of South Collins Street  and Caplin Drive in Arlington, TX.


This Moat-like frac pond used to be where the newly constructed medical office building is now located.  We hope they tamped down the soil well enough.  Arlington's Mayor and the developer wanted Chesapeake to remove the frac pond in order to develop that land.  Click here to see that Epic City Council  meeting where Mayor Cluck tells Charles Davis of Chesapeake that they can drill 80 wells there if they want to.  (Mr. Davis is no longer employed by Chesapeake.)



From the side door to the retaining wall we counted 25 footsteps which equates to roughly 21 feet!  We did not measure the additional few feet from the edge of the wall to the edge of the padside, but it appears to be less than 20 feet. 


  • A 600 foot setback is far from being protective; however, if this setback applies to existing developments, it should also apply for future ones.  Otherwise, we just have another gaping loophole big enough for a Mack truck to drive through.  Just because something is legal doesn't make it morally right.  Where are all the right-wing Christian legislators when we need them most?

8 comments:

  1. Maybe they were just thinking of having quick access to medical help when needed. After all this drill site is right next to a daycare and homes, not a safe situation.

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  2. The Christian legislators are using their Christian rhetoric to promote the most unChristian policies, Fish Creek Monitor.

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    1. The Christian legislators' biggest political issue is all about protecting the unborn but could care less about what happens to that life once that child comes into the world. For some reason they think it is perfectly fine to poison the children with toxic chemicals which disrupt their endocrine systems, give them asthma, or even worse ~ leukemia. One of our neighbors is 100% convinced that the gas drilling activities in our residential neighborhood caused her teenage daughter to get leukemia. It's heartbreaking that so many of the Christian legislators don't have a heart. Well, Dick Cheney just got a new one.

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  3. Maybe a demonstration and Boycott of this medical facility is in order ? Actually it maybe the case that the Arlington Ordinance does not call a doctor's office a protected use at all. I wonder what banks financed this construction and how they might feel about their long range invesment. Insurance companies might also be interested. Fort Worth once did not include child daycare facities as a protected use ( added in 2009 ) So there is at least one daycare f acility directly adjacent to a drill pad site ( grandfathered ) I would not enroll any child or grandchild of mine there. You'd think common sense and econimics of business loss would of cause Ire about such things. So when it gets ready open I say pickets and demonstration might be in order to desaude business to this facility

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    1. A demonstration and boycott would definitely be in order. Are you in?

      Protected use under the Arlington gas drilling ordinance includes a residence, religious institution, hospital, medical and dental office, nursing home, personal care facility, supervised living facility, public or private school, daycare, or public park.

      Three Hundred and fifty nine feet behind this drill site sits a daycare facility. I happen to know some of these children who attend here and am horrified that their parents drop their children off here every day regardless of the risk. This is an example of another loophole which allows industry to obtain signed waivers from the property owners. This loophole needs to be closed. Six hundred feet should mean 600 feet. Period.

      In this particular instance involving this new development, there are no rules. Because the drill site was established first, developers may encroach as close as they want. In Grand Prairie DR Horton just built new homes 200 feet from an existing pad site, although the city claims it is 300 feet. We hear that FHA will not issue loans to properties closer than 300 feet to a drill site. This also begs the question ~ will anyone insure these facilities? Perhaps State Farm will be there. They now recommend earthquake insurance for those living near frack sites.

      We wonder what caliber of doctors will choose to practice in this toxic and very dangerous environment. Maybe they will be attracted by dirt cheap rent. One thing is for certain ~ we will not entrust our health to any physician who doesn't have the sense to see how foolish it is to work 40 feet from a heavy industrial mining zone.

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    2. It's the LOOPHOLE. We're certain this is likely true in Fort Worth as well! Already "established" protected uses are protected by our Gas Drilling Ordinances, but new development can go in right next to a pad site.

      New housing developments require a 300 ft. easement to qualify for an FHA loan, but DR Horton has already clearly violated that in Grand Prairie and Denton...as long as no one measures the distances then maybe the developers and cities can claim 300 Ft. You know, the Good Ole Boy 'Honor" System.

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  4. This kind of reckless development is taking place all across North Texas right before our eyes. We all just need to look around. It's sad to see it it in so many places. Cancer Centers will be doing great business in the years ahead, no doubt.

    Our cities will likely believe this is ALL good for economic development and continue to play their fiddles and sing praises to the Fossil Fuel gods. Thank you for this story and the pictures, Fish Creek Monitor. We're imagining the drilling rig and the fracking operations...right next to that site and the homes are so close as well.

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  5. I would help you picket, but when I went by the Vintage neighborhood in Denton, the D.R. Horton Homes, the attack that ensued was so severe, I had to pull over into the neighborhood and park, pull out my spray nitro and rest for almost 30 minutes before I could safely recover to finish my drive home. I almost had to pull into Denton's Fire Station # 7 for emergency medical help. I tried to speak at the following city council meeting, but they postponed the agenda item. It was then passed the following Friday. They decided that Eagleridge was okay to proceed under the old rules and setbacks despite being shown new, recent permits. It is obvious that the health and safety of the citizens is still secondary to Denton, just like it is to Arlington. I wish I could come help, I just can't get anywhere near any kind of operations.

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