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?

Immoral

What's wrong with this picture?  

This child care facility sits 359 feet from the Rocking Horse Drill Site in Arlington, Texas.  Our City ordinance requires drill zones to be set back 600 feet.   ALL equipment - produced water tanks, separators, compressors, etc. should be included in this measurement, but they are not because when industry helps write the very ordinances which are intended to protect the public, many exemptions and loopholes  get created.  

Look  how close these UNodorized gas gathering pipelines are to this child care facility:

Childcare Network
1400 Caplin Drive, Arlington, Texas 

359 feet from the Rocking Horse Drill Site  

This is why it is so important to remember history:

Rumor has it that gas drilling is not good for business either.  There used to be another day care facility directly across the street from this one.  It closed around six months ago.  That building is vacant now, a common trend around the gas patch.  

We've spoken with lots of parents who say they are fearful of their children being near gas drill sites.  Many fracking chemicals contain  known carcinogens and many are endocrine system disrupters.  Children are more vulnerable than adults to these environmental toxins because they eat, drink, and breathe more than adults on a pound for pound basis. 

We don't think gas drilling  should be anywhere near children.  

Some things are just IMMORAL.  

To read more history about the Rocking Horse Drill Site, click Here.

Hear No Evil, See No Evil, Speak No Evil

We are all familiar with those three chimpanzees that hear no evil, see no evil, and speak no evil.  That's how another gas drilling item got approved last night at the Arlington, Texas Planning and Zoning Public Hearing.
  
First, the Assistant City Attorney, Mack Reinwand, told us we had to remove the poster board off the table in the back of the room.  It displayed photos of the Monster Frac Pond that Chesapeake placed TEN FEET from homeowners' fence lines at the Corn Valley Gas Drill Site in Grand Prairie, TX.  We do not appreciate the City's attempt to suppress this information from the public during a public hearing.  This is concerning because we have to wonder if his action may have in some way hinted of compromising our first amendment rights.   Those pictures must have been speaking louder than words.

To our dismay, the commissioners approved the zoning change for the Rocking Horse Drill Site 7-0 with 2 abstaining.  Chesapeake wants to establish the drill zone, expand the boundary of the drill site, and add a frac pond.  They should have postponed this vote because Chesapeake appears to have fallen woefully short on following proper procedure and providing important specific details - such as how far the frac pond will be from homes. 

For starters, we wonder if Chesapeake selectively invited neighbors to this town hall meeting that apparently took place on November 26th.  We really wanted an invitation to that party.  Neighborhood groups are also on that list.  Fish Creek happens to be one of them.  We never received notice of that meeting.  In the future, Chesapeake, would you kindly send us the invitation.  We will make sure to spread the word to our community.

It was quite interesting to watch how Cliff Mycoskie skirted around the commissioners' questions.  They performed a wonderful dance.   Mr. Mycoskie has a long history with Planning and Zoning issues.  He previously served as Chairman on the P & Z Commission.  Perhaps that is why he is so good at what he does week after week in our City presenting all those gas drilling items. 

However, we don't think he understands how town hall announcements are handled.  Perhaps we can help with that.  Click Here for the definition of a town hall meeting.   A town hall meeting means that the town is invited - not just a select few.  He talked in circles and looked pretty wiped out by the end of the evening.  In fact, he looked like he took a cat nap during the earlier work session.  This hearing was definitely scheduled too close to the New Years' holiday for everyone.

What we don't understand is why a City would approve such a critical zoning change for a company that has an unfavorable reputation.  There is no transparency, and they are not  providing the City or residents with specific details.   For instance, Mr. Mycoskie was simply pulling a number out of thin air when asked how close in proximity will this frac pond be placed to homes.  He clearly did not know, and because Arlington's gas drilling ordinance does not specify setback requirements for frac ponds, it is  guaranteed that the homeowners on Redwater Drive will get a frac pond VERY close to their fence lines too.  

After the meeting we grabbed a bite to eat at a neighborhood  bar and grill.  The place was bustling with activity and we finally found a small table available in the corner and sat down.  The waitress told us that this room was reserved for the Atheists, but the group welcomed us to stay.  We didn't even have to fill out a visitor's card!  The events of  the evening transitioned quite smoothly as we left one set of individuals who refused to recognize God's ways to those who do not believe in God.  Funny, the group who says there is no God seems to have a better grasp on morality than the people making crucial decisions in our City.  Hmmm...

It was good to meet new people in the community and discuss the suburban gas drilling issue.  It is affirming to know that the majority of people feel the same way we do about the issue.

Time to gear up for the City Council Meeting on Tuesday, January 22, 2013 where our elected officials will vote on whether or not Arlington homeowners will get a frac pond on the other side of their fence line.  Be prepared to speak or forever hold your peace.

For those who haven't been following the history of the Rocking Horse drill site, click:

Here,

Here

Here

and

Here

To watch that January 2nd public hearing and see some classic good ol boy style of government, click Here for that direct link.

Going, Going, Gone

 

Let's Paint the Town Red ~ no need to attend the Arlington, TX City Council Meeting on Tuesday, October 16th.   Chesapeake's request to drill an additional gas well at the Rocking Horse Site located at 4945 South Collins Street is on hold ~ at least until December.  Stay tuned...

It was so gracious of Chesapeake to settle with Mr. Thursby over their year-and-a-half-long dispute regarding the length of time that temporary frac pond would be allowed to remain.   Although the contractual agreement specified continuous drilling, Chesapeake only drilled one out of approximately 11 wells in three years.  That land where the pond currently sits is being released back  to its rightful owner.  

   

Chesapeake is draining the moat-like frac pond which is soon to be filled with earth.   Clients are interested in developing that land, and the process could begin in as little as 60 days.  The property is proposed to house medical offices. 

Thank you, Lovell, Lovell, Newsom & Isern, L.L.P. for successfully helping your client and our community.

Citizens' Concerns Fall Upon Deaf Ears

Feedback is pouring in from the June 5th Arlington, TX City Council meeting.   We would like to share one citizen's observations:

"Yes. I found out where the meeting was held at City Hall and was enlightened, as well as disappointed, by the conversation and lack of support our elected officials have for our safety. I was only able to sit through the first Chesapeake request for "Rocking Horse Drill Site", because I had to work. I wish I could have stayed for the remaining 3 resolutions for Chesapeake.

I also provided 4 cards opposing their requests until Chesapeake owns up to their existing responsibilities for Arlington. It was only when the rep from Chesapeake could not confirm that he could provide an alternate source of water to the site that affected other investor's property (not the citizens) that deferred their decision to move forward with their action.

I'd like to propose a class-action lawsuit against Chesapeake. The current practice is not working.

 It was nice to see the Arlington citizens come out and support the community against Chesapeake and hope to see you and others at the next meeting."

(e-mail from concerned southeast Arlington resident)

Here is the link from that meeting.   Scroll ahead 44 minutes to the Rocking Horse hearing.  Then scroll ahead to about one hour and 13 minutes where Mayor Cluck tells Charles Davis of Chesapeake, "You go ahead and drill 80 wells if you want to."  Wow, did anybody hear the citizens?

http://arlingtontx.granicus.com/MediaPlayer.php?view_id=2&clip_id=1074

Gas Gathering Pipelines Regulated??

If we heard correctly at the Rocking Horse meeting last night (bad acoustics), Charles Davis of Chesapeake informed a room full of people that gas pipelines are regulated.  You can believe that rhetoric, or you can believe what this government report says:

Click  HERE.

Here is the Railroad Commission GIS map for southeast Arlington.  Pipelines are in green:

There's something else going on with Rocking Horse...more about that later.

The Golden Boy Rides Again

Image courtesy of Greater London Authority

May 31 is graduation day and the last day of school for AISD students.   While
neighbors celebrate this special milestone, Chesapeake will host a meeting in our community to discuss their plans for the Rocking Horse Drill Site located at South Collins and Caplin Dr.  This meeting will be held from 7-8 p.m. at the NY Ave Church of Christ, 5371 NY Ave, Arlington, TX. 

Although we expressed our conflict with this meeting date due to graduations, Chesapeake decided to move forward on additional permits for the Rocking Horse Drill Site.  A total of about a dozen wells are planned for this location.

To date, one well is quietly producing according to the postcard they mailed out to residents.  We'd like to know what they are doing over there, because the production of our minerals has been anything but quiet.

From the appearance of the plat we wonder how they will accomplish their goal since many residents did not sign a lease.   This is the plat, and the shaded areas represent unleased properties:

A Chesapeake representative indicated that they have all the necessary leases.   However, the Texas Statewide Spacing Rule states that a well may not be drilled closer than 330 feet to any unleased property.  Most likely Chesapeake will be filing a Rule 37 spacing exception with the Texas Railroad Commission.  With that in mind, check your mail carefully as you may not recognize this unofficial looking correspondence.  If you do not wish to sign, you will need to protest by filling out the form and returning it promptly.  We have individuals in the community who are able to assist with the Rule 37 process. 

If Chesapeake treated us like human beings rather than a tract number on a plat, perhaps we might like them better.  We are nothing but a mere inconvenience on top of their gas reservoir.  God help us please.