America's Nightmare?

 Click on this map to enlarge it and see the details.

In case you missed it, we wrote about DRHorton's retention of minerals for their properties last year.  Click here to read about that.

In recent weeks, we have discovered that our Grand Prairie, TX Gas Drilling Ordinance doesn't address the issue of homes being built dangerously close to gas drilling sites AFTER a drilling site is already established.  

Denton Drilling Blog has been writing about this somewhat confusing issue as well.  (Denton, TX currently has a 1,200 Ft. protected use setback, by the way.  Many residents had wanted it to be 1,500 Ft. with the latest revision to their Gas Drilling Ordinance in January 2013.) Read about that here.

Our current Grand Prairie, TX Gas Drilling Ordinance addresses protected use setbacks for already established protected uses...including homes, schools, hospitals, nursing homes, businesses, day care centers. That protected use setback is 700 Feet with a variance of 500 Feet in certain cases that must be approved by City Council. (Our group and city staff had advocated for a 1,000 Ft. setback back in 2011, but unfortunately our City Council decided upon the 700 Ft. setback.) A 1,000 Ft. setback for parks is the current rule (with stipulations).

Grand Prairie, TX Gas Drilling Ordinance (as of January 18, 2011) by Westchester Gasette

Here's a Chart available to everyone on the Grand Prairie, TX Web Site and prepared by the Environmental Services Department.  It shows the new provisions enacted when the Revised Gas Drilling Ordinance was voted in on January 18, 2011.  We like the detail it shows for new permits vs. old permits.

The Dangerous Loophole 

The Howell Pad Site is situated several miles north of our Westchester community on Great Southwest Parkway near Jefferson/Abram St.  Surprisingly, the home builder, DRHorton, is not in violation of any current protected use setback requirements (as specified in our current Gas Drilling Ordinance) even though the new homes are dangerously close to the pad site (see the map above). (FYI:  Just for the record, we have learned that the minerals for this particular new DRHorton development were retained by past land owners, not DRHorton. Mineral property is such a tricky business.)

According to our current city Gas Drilling Ordinance, it appears that DRHorton or any developer can build homes  in Grand Prairie as close as they wish to drilling sites when the pad site already exists.  Or maybe they are working off of the 200 Ft. State of Texas protective setback requirement for oil wells in densely populated areas ~ a statewide requirement established long before horizontal drilling?  Not sure.

One would think "America's Builder" would have a stronger sense of ethics about it.  We just don't understand why they don't. And why they didn't ask the city? But wait...this would have been a zoning issue to do with a new housing development, so it must have been presented to the Grand Prairie Planning and Zoning Commission.  Surely P&Z would have seen the problem. Maybe Consent Agenda? We will check on that...

Important: If a drilling rig were up, then people might be more aware. But there has not been a rig up since 2011 according to the Grand Prairie Gas Drilling Status Report (Page 6).

But most people will have no idea what to expect with future drilling operations. This is an URGENT matter that must be addressed by our cities in North Texas.  

What are we doing to our communities and to the families that only want to live the American dream of owning a home? We must address this Critical Issue. NOW. 

"It Looked Like a War Zone in Here"

Remember this?

Link to the WFAA Story from October 2010

We sure do.  Here's the link to WCGasette's story from October 24, 2010 ~ "Take Cover ~ This is Just the Beginning":

Click Here to Read the Story.

So, we've just learned that DFW Midstream's Pipeline Permit is back on the upcoming Grand Prairie, TX City Council Agenda.  

Heck.  The issue was dead in the water, didn't even make it out of the chute, was basically thrown in the FRAC Pond  during the December 13, 2011 Meeting. 

Wow.  Kind of amazing!?  

Here's the link to the story on the Gasette.

A quick recap:  Not even one City Councilperson  would make the Motion...and then suddenly City Councilwoman Jackson called on a Boy Scout Leader (Page 2, Item 3 of the Consent Agenda) way in the back of the room, who, like all dedicated Boy Scouts, was "Prepared" on a moment's notice to speak ably and with enthusiasm about scouting.

Job well done!   

And now, we've just discovered that the DFW Midstream Gas Gathering Pipeline Permit is back on the Agenda (again) for this next Tuesday, January 3, 2012.  Double Wow.

As we recall, Mayor England even mentioned "The Pig" when the original vote on this Gas Gathering Pipeline Nightmare was tabled during the November 15, 2011 meeting.

God. Help Us. Please. 

And in the meantime, enjoy the Prairie Lights
thru New Year's Eve.  
We hear they're bigger and better this year. For the first time in a long time, Chesapeake's not an "official" sponsor. Yay.

Grand Prairie, TX City Council: "We're Adjourned!"

The vote that had been tabled during the November 15, 2011 City Council meeting was back on the agenda last evening. See these blog posts about the non-odorized gas gathering pipelines here, here, here, and here. Oh, and here, too.

When Agenda Item #33 came up, the Speaker Cards were read aloud. Then, one at a time, the 3 speakers speaking in "Opposition" were called to the microphone.  Staff spoke in support.  (There were no visual aides on the screens as in all other presentations that evening.) This was noted by one of the speakers. The Mayor then asked that the Map go up on the screen! No one from Chesapeake or their pipeline-affiliated company, D/FW Midstream, were present.  When the last of the 3 speakers finished, Mayor England then called for a Motion for Approval. 

What followed was weird. But this kind of "weird" is "Just Fine." Councilwoman Jackson announced that there were Boy Scouts in the Council Chamber and she introduced their leader who promptly stood up and  spoke briefly about the Scouts.  Then Mayor England thanked the Boy Scouts and mentioned the Motion, again. "Well, what about that Motion"? A very, very brief silence and then Councilwoman Jackson announced a A Motion for Adjournment! Made. And Seconded. That's all folks. No Citizen Comments, tonight. Go Home!! 

WOW! No non-odorized, gas gathering pipelines  (brought to us by Chesapeake's D/FW Midstream) for Westchester ~ at least this week.

Oh, and it looks as if PG&E is going to pay out lots of money for the devastating San Bruno, California gas pipeline explosion just 1 year ago.  Clearly, an explosion like this could devastate Westchester neighborhoods and any of our surrounding neighborhoods. These non-odorized gas gathering (sales) pipelines have already gone in all over Grand Prairie, Texas. 

Here's a picture of the September 10, 2010 San Bruno, California explosion:

Link to the CNN Story About the Pipeline Rupture

The September 9, 2010, explosion blasted a 72-foot by 26-foot crater and destroyed 38 homes in San Bruno, near San Francisco International Airport. A 28-foot segment of the pipe was found about 100 feet from the crater. Scorched homes and the shells of burned-out cars lined charred streets, where firefighters battled hot spots trying to save the devastated neighborhood.

Over and Out.

Dam. Again. **Important Update**

We have just discovered something crazy.   So, you may ask, what else is new??

The Background: 2010

Chesapeake's Corn Valley Pad Site was administratively permitted by the City of Grand Prairie in the summer of 2010 with very little fanfare ~ even though it was clearly within the 3,000 foot Zone of Exclusion ~ as  defined by the United States Army Corps of Engineers (USACE) ~ with their (click on the link) 1996 publication:  Texas Resource Management Plan and Record of Decision.  This publication defines the Rules going forward for oil and gas drilling activity near the dams and lakes under United States Army Corps of Engineers' jurisdiction.

Two Years Earlier: 2008

On July 15, 2008, Shale gas operator XTO said the following to Grand Prairie, TX City Council (during a Public Hearing about XTO's Lynn Unit):

"...The Corps of Engineers is aware of this activity based on an agreement with the Bureau of Land Management on this property."

~ Walter Dueease, XTO, July 15, 2008

  
So, as it turns out, the Bureau of Land Management (BLM) is actually a "Lessor" of XTO's Lynn Unit (located just to the west of the Corn Valley Pad Site and to the northwest of the Joe Pool Lake Dam) ~ with 43+acres of land! The statement in the Minutes of this meeting (Pages 8-10) did not make that fact clear at all.

Unfortunately, this information had escaped us until now.  (A City without a Specific Use Permit for shale gas drilling or Public Hearings via P&Z is a City headed to Shale Gas He**...)  But let us not digress...

The United States of America owns land within the Lynn Unit and signed a mineral lease with XTO sometime in 2007 or early 2008. Three wells appear to be completed and/or in production at this time.  A total of 5 have been permitted as far as we can tell.

The Deal

Here's the deal. The Bureau of Land Management violated its own Rules when it leased those 43+ acres for shale gas drilling.

It all got rolling when the Grand Prairie, TX City Council approved the setback variance for the Lynn Unit during that July 15, 2008 Public Hearing after Walter Dueease with XTO assured the Council that all was well (Link to the July 15, 2008 GP City Council Meeting, Pages 8-10). 

Apparently, neither any Bureau of Land Management personnel or US Army Corps of Engineer personnel were present or spoke during that City Council Public Hearing.  The City Council Minutes reflect only that Mr. Dueease told the Council that USACE was aware of this pad site since the BLM had land there...but there was never any discussion or mention of the Exclusion Zone or that the BLM was a "lessor," for this Unit. 

And now, because of those actions, thousands of people's lives are in peril if there were to be a catastrophic failure of the Joe Pool Lake Dam. Thank you, Commander Muraski of the Fort Worth District of USACE, for your warning.

Our country needs to get its sh** together.

Texas Railroad Commission/XTO PLAT of the area near XTO's Lynn Unit.

The Lynn Unit Plat

(Above) The Lynn Unit Plat (showing the 5 largest lessors).

The Industry Standard P-12 Certificate of Pooling Authority (provides the list of lessors in the "pooled" unit).

(Above) A Service List for a Rule 37 (used when property owners have not signed a lease and the industry needs them)...that's very curious. (**Update 9.26.12: Curious only since the BLM is clearly showing on the P-12 above and this "Certificate of Service" is provided to the Railroad Commission to "prove" that unleased property owners have been notified.)

(Above) The Grand Prairie, TX Shale Gas Drilling Status Report for September 7, 2011.  It shows all activity from the beginning for every well including city permit dates, drilling dates, fracking dates and dates for sales from specific sites.

Larger view of the Grand Prairie, TX Shale Gas Status Report (above) showing July 15, 2008 as the date that the Lynn Unit was voted on by City Council. It also shows that Wells 1H, 2H and 3H are "completed" and were/are "in production."

So, why did the BLM violate its own rules?  Can we possibly say this?

"The BLM looks at it more as a business-driven process," Otto said. "It's not like I have Vice President Cheney calling me up and saying you need to get this done. But there definitely is that unspoken pressure…mostly from the companies, to develop their resources as they'd like to see fit…to get things done and get them done pretty fast." [emphasis added.]

Also, as of March 17, 2011, there's a new document. We're just not clear why this was necessary, since they "reference" the 1996 document right there on Page 1:

Department of the Army, Southwestern Division, Corps of Engineers, District Policy, Pamphlet No. 1110-2-1156, March 17, 2011

We told ya this was crazy. 

**IMPORTANT UPDATE**:   Below is the United States Army Corps of Engineers (USACE) Map depicting the Exclusion Zone. This map and additional documents were provided to the City of Grand Prairie, TX during meetings with USACE in early 2011. Documents were received on August 3, 2011 via FOI Request  by the Westchester-Grand Prairie Community Alliance and were important to this report.  

Important Note: Color Emphasis and Labels were added to this Black and White Map for clarity.



Link to Further Information about Exclusion Zone 2 ~ Another XTO Site and A New Blog Post on the Westchester Gasette

Be It Resolved...

Does the Grand Prairie, TX School Board Really Care About Our Children and Grandchildren?

We Have Very Serious Doubts They Do.

The Document signed by Board President, Mike Skinner and Board Secretary, J.D. Stewart.

Tuesday Night at Theo's

Seen and Overheard Last Night

After the 3 1/2 Hour Grand Prairie City Council Work Session on the Proposed *New* Shale Gas Drilling Ordinance ~ Chesapeake representatives* Gas company contractors were later overheard discussing and dissing the work session and individual City Council members... 

and big-time dissing of

Environmental Services Director, Jim Cummings. 

Chesapeake reps Gas company contractors said they were "overall" very happy ~ especially with Greg Giessner and Mark Hepworth. Must have had something to do with their wanting to keep the minimum setback for pad sites at 500 ft.

Apparently, Councilman Giessner (At-Large Rep for Grand Prairie, TX) and Councilman Hepworth (District 1 Rep for Grand Prairie's Northern Sector) are Chesapeake's shale gas drilling contractors' new best friends. That's OK. To each his own.

Westchester-Grand Prairie Community Alliance would like to especially thank Mayor Charles England for his statements that were very supportive of  the concerns of the Alliance. Thank you, Mayor England.

And sometimes...

Some politicians just don't get it.  But that's what elections are for. 

Interesting, this.

P.S. Chesapeake Shale gas contractors may want to know that members of the Grand Prairie community who are very informed about shale gas drilling sometimes go to Theo's. And sometimes they can't help but overhear conversations at adjacent tables. Just a few points to ponder.

*Correction:  Apologies to Chesapeake Energy. We cannot confirm that the contractors were associated with Chesapeake. They were dressed very nicely and looked very professional.  They certainly didn't sound very professional. So, it's good to know (from Laura Patton, Public Affairs Supervisor for the City of Grand Prairie/Chesapeake) that none of their reps were at Theo's Tuesday night. WHEW!