"It Looks Fine to Me."

Apparently, the City of Grand Prairie, TX checked with USACE and everything "looks fine" for hooking up the gathering pipeline system to get that shale gas to China or unnamed foreign countries.

Remember the USACE rep who thought everything looked "fine," too back in the summer?  We've just never figured out who that was for sure.

We're very proud to know that South Grand Prairie's Corn Valley site will be providing shale gas to foreign countries.

We still hope and pray that the dam won't be compromised. Because really, that's all we've got at this point. The money is so "fine." The Joe Pool Lake Dam is one fine cash cow for our City and for a church with the ever-changing name, a school system willing to risk the health of the children and a state in need of a new legislature and a new governor. {{sheer frustration}}

So, in light of all of this, here are the Agenda Details for the upcoming Grand Prairie, TX City Council Meeting, Tuesday, December 13, 2011 at the Temporary Location at the GPISD Administration Building at 2602 South Beltline Road in south Grand Prairie beginning at 6:30 PM. Y'all come.

Updated Information (from the Agenda Details, Page 7):

Click the File Number 11-4440 to read the actual details at the above link.

"At the previous City Council meeting, a request for clarification was made to ensure the US Army Corps of Engineers did not intend to include gas pipelines in the request for a moratorium.

The City received information from the US Army Corps of Engineers (USACE), Fort Worth District regarding the impacts associated with this line. Based on the technical information provided, the Corps of Engineers review team determined that the proposed action would have minimal potential for direct impact to Joe Pool Dam and their Dam Safety Officer concurred. As such, USACE has no objection with allowing the installation of the pipeline."

As such???  So, the City Staff called the Corps. Who did they talk to? This certainly doesn't give a lot of "detail" for us to know any of that. Maybe they think we're not "interested." 

Well, hello, City Staff and City Council, we're Very Interested. This just won't do for an explanation in light of the recent Moratorium and in light of what the new United States Army Corps of Engineers Southwest District Policy states about their concerns. Maybe you haven't read it??

Here it is.

Somehow, we find it very hard to believe that USACE would not show up to speak to this issue of pipeline construction near a federal dam.  We hope they will.  Good Lord.  Colonel Muraski even told us it could be catastrophic!!

United States Army Corps of Engineers (Exclusion Zone 1) **New Links**

Just a reminder...

Click Here to View the Texas Resource Bureau of Land Management Plan (1996)

Click Here to View the Southwest District Policy (Corps of Engineers) as of March 17, 2011

5. Background.  USACE Districts in the Southwestern Division have recently received a number of inquiries and requests in connection with development of oil and gas production facilities near our dams and levees.

They have also received a number of inquiries and requests in connection with development of oil and gas production and transportation of oil and gas through pipelines in close proximity to Corps of Engineers dams.

Major natural gas shale formations currently being developed in the Southwestern Division include the Barnett Shale in North Texas, the Caney Shale in Oklahoma, the Fayetteville Shale in Arkansas, and the Haynesville Shale in northwest Louisiana and Texas.

Concerns have been raised that these activities could result in damage to dams and other important structures at flood risk reduction projects.

The Fort Worth District is in the process of preparing a formal engineering position explaining the risks and recommending a 3,000 foot lateral exclusion Zone.

[...]

There is currently no statute or regulation which clearly provides USACE with authority to prevent exploration and drilling activities in those locations in close proximity to major structures where the United States has no real property interest.

Nevertheless, 33 USC 408 provides that it is unlawful for any person to impair the usefulness of any flood control work built by the United States.

Click Here to Read the Full Policy Report.

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

Dear Chesapeake

We hope you have had a very nice summer.  It's been a hot one, hasn't it? The Drought has certainly affected all of us. But we see that it hasn't slowed y'all down at all!! We're writing today to simply go over a few ideas.

You told us last summer (2010)...Or rather, one of your colleagues (posing as one of us) yelled it out in no uncertain terms prior to our July 19, 2010 Community Meeting:

"We Don't Want No Moratorium!!"

It was quite an outburst.  It shook the rafters of The Oaks Baptist Church. So, we knew even then. We knew you just didn't like it. It makes you a little crazy!! So what is it, really? Let's check the definition of moratorium on investopedia:

A period of time in which there is a suspension of a specific activity until future events warrant a removal of the suspension or issues regarding the activity have been resolved.

That definition sounds reasonable and about right, doesn't it? Issues about the possible catastrophic failure of Joe Pool Lake Dam need to be resolved before specific activity (drilling and fracking) can resume. That's one good example of the reason for having one of those ~  sorry ~ we have to write it again, MORATORIUMS.

But wait a minute, what did you do when there was another "Moratorium" in Grand Prairie, TX that was to last up to 6 months, but only lasted 2?  Remember this?

Chesapeake Neighborhood Rep, Mrs. Laura Patton
December 7, 2010Grand Prairie, Texas

We certainly remember. It made our Christmas very special. Learning how you, Dear Chesapeake, only wanted to make life in Grand Prairie, TX, grander.  And if you had to, you would invoke something called "Force Majeure" (Starting at around 3:00 Minutes on the Video). You told us we probably hadn't ever heard of that before.  It was so wonderful that you told us all about it. And then we knew.

Maybe you didn't know that all of these actions on your part are very Orwellian.    (You know, up is down, down is up, we only want to help your community, shale gas production is perfectly safe...)

So, Dear Chesapeake, in closing, and to quote one of our totally awesome friends (with the emphasis on you):

Once you know, you can't not know. 

~ Mayor Calvin Tillman

DAM (*Numerous UPDATES*)

***MORATORIUM***

Ordinance providing for a moratorium on the conducting of any natural gas drilling and fracturing activities within 3,000 feet of any dams and other water retention structures owned and/or operated by the United States Army Corps of Engineers.

Joe Pool Lake Dam and Spillway  (850 Feet from Chesapeake's Drilling and Fracking Activities)

Link to Grand Prairie, TX City Council September 6, 2011 Meeting w/Discussion About Moratorium Featuring Chesapeake Rep in Opposition.

File #: 11-1293 Version: 1 Name: Moratorium on Gas Drilling Activities

From:  Jim Cummings, Environmental Services Director

Ordinance providing for a moratorium on the conducting of any natural gas drilling and fracturing activities within 3,000 feet of any dams and other water retention structures owned and/or operated by the United States Army Corps of Engineers.

Recommended Action:  Approve

Analysis

The United States Army Corps of Engineers (USACE) has expressed concerns regarding natural gas exploration activities within 3,000 feet of dams and other water retention structures. The USACE intends to study this issue in the coming months. A moratorium will provide time for the USACE to initiate engineering studies.

[...]

SECTION 4. That this ordinance shall take effect immediately from and after its passage and it is accordingly so ordained.

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, ON THIS THE 6TH DAY OF SEPTEMBER, 2011.

(*UPDATE* February 19, 2015):  The Moratorium has been extended for the 2nd 4th 5th (maybe 6th) time and now through October 1, 2015 according to the Grand Prairie, TX City Council.  The study from USACE is not ready completed, but still under review. Stay tuned...and be sure to read our original blog post about this issue over 2  3 1/2 years ago when we first layed out the BIG picture.  Thank you. Click Here. 

(Another *UPDATE* July 30, 2015): Currently (as of July 30, 2015) a housing developer, Sandlin Homes, is selling NEW homes atop the former Corn Valley Drilling Site and FRAC Pond, unbelievable as it might seem.  So, the MORATORIUM on the Corn Valley Drilling Site appears to be MOOT with this drilling site gone and the one well plugged.  Or is it?

XTO's Lynn Unit (the one remaining ACTIVE drilling site within the 3,000 Ft. DAM Exclusion Zone in Grand Prairie, TX) currently has 3 wells in production.  USACE requested that the City of Grand Prairie add production to the Moratorium in September 2013.  However, the City of Grand Prairie declined that request!  So, Fracking Extraction (production) continues. (Click on this link to see production for one of the 3 wells (Well 3H) on the Railroad Commission Web site. Scroll to Page 6 at the top of the chart to see current overall total for one of the 3 wells ~ over 1.3 Million Cubic Feet since 2010.) 

We are not sure how passage of House Bill 40 affects this Municipal Moratorium that was implemented at the request of the United States Army Corps of Engineers as of September 6, 2011 and extended every year since.  ***Question: Does a request from a federal agency (USACE) regarding below surface activity TRUMP Texas House Bill 40?)***

Drought Nightmare

Chesapeake's Equipment Enters the Pad Site
August 3, 2011

With the Ground "Watered Down," 

the Pad Site (850 feet from the 

Joe Pool Lake Dam and Spillway)  is prepped

for More Drilling and More Fracking

Water Tanker Truck Leaving the Pad Site

The Grand Prairie, TX Mandatory Water Restrictions Began on Wednesday, August 3, 2011. 

Chesapeake must not have read the notice??$$

We continue to worry about all our neighbors in the southernmost parts of Grand Prairie, TX ~ especially those living closest to the Dam and Pad Site (500 feet for our neighbors on Donnie Lane who have never signed fossil fuel leases even though they OWN their minerals)!

Earthquakes reported to our south and to our north.  4 More Wells Scheduled for Drilling and Fracking at this Site.  The ground cracking and shriveling up  from the drought. 

It's a recipe for all kinds of catastrophic possibilities. 

Pray for us, please.  Thank you.**

###

**Click Here for details about the Grand Prairie, TX Drought Contingency Plan (2009)