Atlas Resources Acquires Titan Operating Barnett Shales Assets

Atlas Resource Partners acquired Titan Operating Barnett shale assets. This includes proved reserves in the Barnett shale in the Fort Worth basin and what Atlas claims could be 335 potential undeveloped drilling locations. Nothing has been said whether this includes the Hilliard and Powell sites here in Flower Mound but most likely it does.

Wow, 335 potential undeveloped drilling locations? It is hard to believe that there could possibly that many locations that have not been drilled in this area.

Good thing we have a strong Oil and Gas Ordinance in Flower Mound. Let's hope it stays that way.

Click here to read article.
Click here to read about Atlas' Corporate Executives.

We’ve Come A Long Way, Baby!

I guess we should be glad.  Just two short years ago a battle still raged in Flower Mound over whether urban drilling should be embraced or spurned.

The 2010 election put an end to that.  By ousting the previous Town Council majority, the citizens of our community made it very clear:  WE DO NOT SUPPORT DRILLING NEAR HOMES AND SCHOOLS!

This election season candidates realize there is only one “right” side of the urban drilling issue.  The candidates working together to unseat NFL are frantically revising history to make us believe they are on our side.  They are not letting the truth stand in their way.

They’re pushing crazy conspiracies and false accusations to put doubt in the minds of voters around the very officials who shepherded in this new era of protection:  Melissa Northern, Al Filidoro, and Steve Lyda – NFL.

It is nothing short of ridiculous. I almost considered ignoring it since it is so clearly political posturing.  Ultimately, though, I decided that for those who don’t have in-depth knowledge of our long history of gas drilling in Flower Mound, providing a refresher course on what has really happened would be helpful. My intention is not to “smear” any candidates but to clear up innuendo and half-truths being spread by some of Hayden, Dixon, and Webb’s supporters. I have been in this a long, long time and my history on this subject goes back many years.

When reading the blog you will see I have listened to all sides of the story. My journey for the truth has provided me with the facts and I gladly share them with all who care to listen.As you read through this, the details are there to prove the point but are really less important than the message.

Why would any candidate revise history?

Can you trust a candidate who is willing to lie to you to get elected?

I want to start with this statement from Tom Hayden's website: “Just weeks after the NFL took office, residents including members of council, were given just 72 hours notice that the Williams Settlement had been placed on the agenda by Mayor Northern for the upcoming council meeting. ... The reason for this settlement was never clearly explained.”

The Truth:

Tom Hayden was included in emails and participated in discussions about the settlement starting more than two months before the settlement was on the agenda.

In a March 1, 2010, email from the Town Attorney to all members of Town Council (excluding two of them, Smith and Levenick, who had signed leases with Williams and therefore had a conflict of interest), Council was informed that Williams wished to work out a settlement of all outstanding issues with the Town. Every member of Council agreed that there was no harm in exploring a settlement discussion with Williams, although no specific deal points were defined. The settlement would have addressed the pending Mockingbird Pipeline lawsuit and other related issues. Council entered into the lawsuit with Mockingbird based on a two/two deadlock with Steve Dixon and Mike Wallace wanting to settle with Williams and Al Filidoro and Tom Hayden agreeing to authorize the town attorney to defend the town against Williams’ encroachment on town property.

The status of the Mockingbird Pipeline lawsuit/Williams settlement was addressed in Town Council closed sessions on April 19, 2010; June 21, 2010; July 6, 2010; July 19, 2010; August 2, 2010; August 16, 2010; and September 7, 2010.

On May 12, 2010, along with Town staff members, Councilmember Hayden, the Mayor-Elect and Councilmember Filidoro met to discuss various Town issues, including a detailed discussion about a settlement with Williams.

On June 16, 2010, each member of Town Council received a detailed memorandum from the Town Attorney spelling out the proposed terms of a settlement agreement with Williams; a copy of the proposed settlement agreement was also provided.

Later that same day (June 16, 2010), Councilmember Hayden provided comments via e-mail about the proposed settlement agreement including the type of landscaping he preferred. He copied other Councilmembers about his thoughts on the proposed settlement agreement. Also on June 16, the Town Attorney responded to the issues Councilmember Hayden raised in his e-mail.

Other Councilmembers also raised questions and provided input about the proposed settlement agreement. On June 18, 2010, in an attorney/client document, the entire Council was provided detailed information about compression facilities at the Williams pad site.

By Saturday, June 19, 2010, a fourth version of the settlement agreement was exchanged between the parties and a detailed memorandum provided by the Town Attorney to the entire Town Council about the latest revisions to the proposed settlement agreement. After additional discussions with individual members of the Town Council, a revised agreement was forwarded to Williams on June 21, 2010.

On the afternoon of June 21, 2010, each member of Town Council received a bullet point outline from the Town Attorney detailing the items referenced in the proposed settlement agreement that were not already contained in Town ordinances.

After additional revisions, late on the afternoon of June 21, 2010, a finalized version of the proposed settlement agreement was forwarded by the Town Attorney to Town Council.

During the Town Council meeting on June 21, 2010, while addressing the proposed settlement agreement and how it came about, the Town Attorney stated that Town Council had been kept abreast of the process (Book 38, Page 489, Town Council Minutes). Nowhere during the discussion of the proposed settlement agreement did any Councilmember state that he or she was unaware of the proposed settlement agreement or had been taken by surprise that it was on the agenda. Several Councilmembers discussed the settlement agreement’s proposed terms in great detail. If the proposed settlement agreement was a surprise to any of them, they certainly hid their surprise well! In fact, Tom Hayden himself told me he participated in a meeting with Williams prior to the settlement being presented to the public.

The reasons for the proposed settlement agreement were explained to all Councilmembers in detail on multiple occasions. If any Councilmember believed anything was unclear about the proposed settlement agreement, there were many opportunities to address those concerns. Every Councilmember contacted the Town Attorney with input, thoughts, questions, suggestions, and concerns.

The Truth: Flower Mound does not have a Centralized Collection Facility.

Flower Mound has had a Centralized “Compression” Facility since 2008, NOT a Centralized “Collection” Facility. The compression facility was unanimously approved by the Oil & Gas Board of Appeals on February 13, 2008.  At the 2008 OGBOA hearing on the Central Compression Facility application, no one spoke in opposition to the facility and the Town Council had no role in the approval or denial of the variance request. If the Town Council had been opposed to the approval of the variance for the compression facility, the only recourse for the Town Council would have been to sue the OGBOA.  In any case this all took place before NFL was in office. 

The Truth: NFL has stopped the industrialization of Flower Mound.

During NFL’s tenure on Council, the 26 gas wells that have been approved were on existing pad sites and were already in progress and applied for with the Texas Railroad Commission and the town before NFL took office in May 2010. Every well fell under the 2007 weakened ordinance. NO NEW WELLS HAVE BEEN APPROVED UNDER THE NEW ORDINANCE!

As has been explained to the Oil and Gas Advisory Board and the Oil & Gas Board of Appeals, state law requires that once the Town is aware of a permit (even without a formal application), the applicant’s rights vest. The failure to recognize this vesting is a violation of state law. This also has been explained by the Town Attorney or members of his office on multiple occasions at Town Council meetings and board and commission meetings.

I served on the Oil and Gas Advisory Board and we discussed "vested interest" as it pertains to Oil and Gas drilling in the State of Texas numerous times. To ignore a vested interest is a violation of state law; municipal ordinances cannot “trump” state law.

The Truth: NFL had no means to stop the Hilliard airfield pad site.

We have heard for almost two years that “there is room for legal debate on this issue.” Where is any legal opinion that supports that statement? Hayden, Dixon, and Webb supporters, including Councilmember Stephenson, have been asked for copies of legal opinions they purportedly obtained from outside lawyers — and in no event has any of them ever provided a copy of a legal opinion.

The facts are:  The Texas Railroad Commission approved the permit for the Hilliard pad site in September 2009.  In October 2009, Titan put in their first application with the Town for the Hilliard pad site. Because of the timing the Hilliard application was vested under the old gas ordinance. The pad site met the requirements of the old ordinance, therefore the town was obliged to administratively approve it Town Council is obligated to follow all laws and ordinances, even those that were adopted by prior councils, whether they agree or not.  In the Hilliard case, the council could not reasonably challenge this permit and win in a court of law.

On September 10, 2010, the Town provided residents with a lengthy, detailed analysis of the Hilliard pad site permit.  The permit was also discussed in depth at the September 20, 2010, Town Council meeting. Issues raised by citizens about the Hilliard pad site were explored. Click here to read the power point presentation. The issue of Hilliard’s vested rights remained.  Some residents just did not like the response.

The issue has been raised that Mr. Hilliard needed a variance to remove trees on his property and that the failure to receive a variance was a basis upon which to deny his drilling permit. This contention is wrong. Since the adoption of the first tree ordinance by the Town in the 1990's, an owner of any property zoned agricultural is permitted to remove up to 19 protected trees annually. Only an administrative tree removal permit is required. A tree removal request on agriculturally zoned property does not go before a board and does not require a Town Council vote.  

An agricultural tree removal permit differs from the other types of tree removal permits discussed in the tree ordinance in several ways. First, this type of permit does not have to be associated with any type of property development. Second, the only criteria necessary for approval is that the property be zoned agricultural and that the trees be protected trees and not specimen trees. The Town’s tree ordinance does not require the property owner to give a reason for requesting the agricultural tree removal permit. Town staff verified that all trees requested for removal were protected trees, not specimen trees, and the applicant requested to remove 19 protected trees, as permitted by ordinance.

NFL did campaign on not being afraid of a lawsuit but this was always understood to mean they would not be bullied when the Town was in the right, not that they would irresponsibility invite legal challenge by taking positions that had no legal justification. To fight simply for the sake of fighting when the law and facts are clearly not on your side is a waste of taxpayer dollars, particularly when the Town will be financially liable. We should expect town staff and elected officials to be fiscal stewards of taxpayers’ money and not subject the town to frivolous legal risk even if the public doesn’t like the law... With the exception of the “mystery lawyers” referenced by several Town residents over the years, no credible attorney has ever contended that the Town could deny the Hilliard permit.

It is interesting to note that Hayden/Dixon/Webb supporters often cite NFL’s adherence to the law as some sort of breach of trust and yet both Dixon and Hayden served on Council at the same time and likewise followed the law in the same manner as NFL. 

The Truth: NFL always works in a transparent manner to protect Flower Mound from industrialization by gas drillers.

As noted in response to the first item from the Hayden website, if Councilmember Hayden or any other Councilmember only had 72 hours’ notice that the proposed Williams settlement agreement was on the agenda, then they simply did not read their e-mail, agenda packets, or communications from the Town Attorney.

All Councilmembers were fully apprised of the proposed Williams settlement agreement and had been notified repeatedly about it. Councilmembers offered input into the proposed settlement agreement and commented upon it. Steve Dixon expressed his excitement that 6 items from his "wish list" made it to the settlement. The fact that Councilmembers commented upon the proposed agreement did not mean that they were in favor of it — they were simply asking questions about it. The normal process for the Town Council is to comment and question, which also happened in this case.

In fact, and regardless of the above, Town Council unanimously chose to reject any settlement agreement with Williams. In any lawsuit, it is customary for the parties to attempt to negotiate a settlement prior to trial. The Court almost always demands an attempted negotiation and the legal system strongly encourages the parties to come together and see if a controversy can be worked out prior to trial. In some cases, settlements can be worked out and in some, like this one, they cannot. Entering into negotiations does not tacitly mean that there is any agreement; here, it meant that Williams’ attorneys and town staff, worked on a proposed agreement, and after review, it was determined by the entire Town Council that a settlement could not be reached.

There was no settlement on the above Williams litigation and no future settlements were entered into by the Town. The parties proceeded forward in the case.  Ultimately, the Town of Flower Mound prevailed and Mockingbird Pipeline/Williams paid $55,000 to the Town as reimbursement of its legal fees.

As mentioned above, no new wells or pad sites have been approved under the Town’s new oil and gas ordinance.  Any administrative approvals of additional wells were based on permits filed prior to the NFL’s strengthening of the oil and gas ordinance in 2011.  While many of us would have loved for the Town to have had the latitude to tacitly reject permits vested under the old ordinance, case law is well established that we would not have prevailed in court. I hope you will remember who shepherded in this new era of protection. When someone wants to throw stones at these clear leaders in the fight against urban drilling, consider the source and their motivation.  Without the burden of the responsibility of governing, it’s easy to stand on the outside and ignore legal precedent in order to justify one’s beliefs.  As citizens we can engage in wishful thinking but our elected officials cannot.  They have a duty to act responsibly.. NFL has acted responsibly and also done all they can to protect this community.  As for the purveyors of conspiracy and innuendo, and the candidates they support, I don’t expect my comments to be persuasive to them at all because no amount of legal reasoning or precedent will deter someone who chooses to stay ignorant or ignore the law.

My comments are not intended for those vested in a particular candidate slate, those insistent on being right about some inane aspect of the ordinance, or someone with an axe to grind.  They are intended for consideration by the vast majority of residents who are simply vested in what is best for Flower Mound.  I am available by email on this blog for anyone who wants to discuss this further. 

Titan/Hilliard Field Update

We have received some phone calls and emails regarding the recent activity on Hilliard Field. Here is what we know.

Titan is in the process of installing an enclosed gas lift compressor and a dehydration unit. The compressor will be natural gas fired.

Click here for a description of different types of compression.

According to the Oil and Gas Glossary, to meet pipeline requirements, the water vapor in natural gas must be removed. This is why dehydration is needed.

We recently went to the Texas Railroad Commission mapsite to see if any production has been posted for the Titan/Hilliard site. As of today, no production has been recorded. Many articles we have read stated that gas lift can be brought in to increase production in lower producing gas wells, extra tight formations, and older gas wells. We have no idea which of these may be the case at the Hilliard site.

According to the town of Flower Mound Environmental Services Department, The gas lift compressor may be operated intermittently as needed. At this time, there is no way of knowing how long the gas lift will be necessary. The town will be monitoring the site to make sure Titan is in compliance with our noise level regulations. If you have a complaint about noise, call the town. Flower Mound's Oil and Gas Inspector will be inspecting for compliance with all applicable Town requirements every month. In between these monthly inspections, our inspector will routinely visit sites, performing “spot checks”. A special thank you to our Oil and Gas Inspector for taking the time to quickly answer all the questions submitted. If you have a concern,  or question, we encourage you to contact our Inspector at jonathan.powell@flower-mound.com.

The last issue we have received emails on is sometimes residents smell natural gas when passing by the Titan/Hilliard site. It has been confirmed that Titan has been treating the gas with Mercaptan (natural gas odor) since the end of October. We are not sure if that is what residents are smelling.

Most important, if you smell any odors or experience any health effects, call the Town AND contact TCEQ immediately. The information for TCEQ is on the right hand side of the blog.

Natural Gas Market Gets Drilled, Titan Well Likely in the Red

Natural gas prices hit their lowest level since late 2009 in the last few days dipping as low as $2.56/mcf.  Due to new and more easily accessible liquid rich shale plays in Texas and across the nation, the natural gas industry is fast becoming a victim of their own success. 

Although the break-even price for natural gas development in the Barnett Shale varies from company to company, the general consensus seems to be $5 is the minimum for larger operators to hope to make a profit.  Some smaller operators with less overhead can achieve profitability at a lower price point. 

Based on sworn testimony and submitted exhibits at recent Railroad Commission hearings in Austin, it is possible at current levels, Titan’s 1H well on the Hilliard South Unit may not be profitable. Click here to see calculations and assumptions.  At $3.50/mcf, the well loses roughly $460,000. 

LISD To Discuss and Consider Signing Gas Leases

The LISD Board of Trustees is asking for the opportunity to seek proposals for signing gas leases with Titan Operating and Williams.

The Regular meeting is this coming Monday, November 14th, and will begin at 6:00 PM in the Bolin Administrative Center, 1565 W. Main Street, Lewisville, Texas. Immediately after opening, the Board of Trustees will convene in Closed Session and will return to Open Session at 7:00 PM.

Click here for the agenda.

If you read the action item, it appears they may be leaning towards signing. Of course, indicating that there will be drilling anyway and they will most likely lose the Rule 37 exceptions currently being requested with the Texas Railroad Commission. We have heard that line before.

This does not include signing a lease for the LISD properties near the Hilliard Pad Site. Using the excuse that drilling will happen any way is not the case at Hilliard. Without the leasing of many of the properties near Hilliard, a significant amount of wells could be prevented from being drilled.


Click here for the action item.

If you live near one of these properties, NOW is the time to voice your opinions. SHOW UP and contact the Board of Trustees.

Click here for the contact info.

"Good Neighbor" Williams Receives Penalty and Violation From EPA

One of our "good neighbors', Williams received a penalty and will be forced to reduce their emissions from gas production sites in Colorado. The EPA also issued a penalty and violation to Conoco Phillips.

Hello EPA, we need you here in Flower Mound. In the past 2 months, there have been close to 20 odor and health complaints to the TCEQ for gas drilling production sites here in FloMo.  Over 90 percent of those have been at a Williams gas production site!!!!!!!

The TCEQ can't seem to find anything yet we have residents complaining of health effects ranging from nose bleeds, respiratory problems, dizziness, headaches, digestive issues etc.

Here is a press release we received from the EPA.

Agreements with Williams and ConocoPhillips resolve alleged Clean Air Act violations on Southern Ute Reservation
Companies to pay penalties, improve emission controls, and conserve gas at production facilities
Contact: Joshua Rickard, 303-312-6460; Richard Mylott, 303-312-6654


(Denver, Colo. – November 2, 2011) The U.S. Environmental Protection Agency today announced agreements with two gas production companies resolving alleged violations of the Clean Air Act on the Southern Ute Reservation in Colorado’s San Juan Basin. The agreements, outlined in separate consent decrees with Williams and ConocoPhillips, will reduce emissions of air pollutants from a gas plant and compressor stations.

“These agreements will ensure that steps are taken to monitor and reduce emissions of harmful volatile organic compounds from several production facilities on the Southern Ute Reservation,” said Mike Gaydosh, director of EPA’s enforcement program in Denver. “These and other air pollutants can contribute to unhealthy air quality and impair visibility.”

Under an agreement with Houston-based ConocoPhillips, the company will pay a penalty of $198,000 to resolve alleged Clean Air Act violations at the Southern Ute Compressor Station. The station removes water and compresses natural gas for transportation through high pressure gas pipelines. The violations were discovered during a self-audit conducted by ConocoPhillips and disclosed to EPA.

ConocoPhillips will also conduct mitigation projects at the station, including the replacement of "high-bleed" pneumatics with "low-bleed" or "no-bleed" pneumatics at well sites that feed into the station. In addition, the company will conduct an infrared camera survey of the compressor station to identify leaking components and will retrofit a compressor engine with an oxidation catalyst to reduce emissions.

Measures taken as a result of the settlement will reduce emissions of volatile organic compounds by 137 tons per year, hazardous air pollutants like formaldehyde and benzene by 90 tons per year, and carbon monoxide by 33 tons per year. These measures will also conserve 5.5 million cubic feet of gas annually, enough to heat 80 homes.

In a separate agreement with EPA, Williams, a natural gas production company based in Tulsa, Okla., has agreed to pay a $50,000 penalty and expand a leak detection program at the Ignacio Gas Plant on the Southern Ute Reservation. The settlement resolves alleged Clean Air Act violations at the gas plant and the Ute E compressor station. Violations were discovered through inspections conducted by EPA.

In addition to the penalty, Williams has agreed to implement an infrared camera leak-detection and repair program to identify fugitive emissions sources. The expected annual emission reductions associated with these measures include approximately 14,000 lbs of volatile organic compounds.

The Ignacio Gas Plant gathers and processes field gas for transportation. The Ute E compressor station compresses field gas for transportation through a gathering line.

The facilities affected by both agreements are located in the San Juan Basin near Durango, Colo., within the exterior boundaries of the Southern Ute Indian Reservation.

Help EPA protect our nation's land, air and water by reporting violations: http://www.epa.gov/tips/

Could LISD Allow Hilliard And Other Sites Near Schools To Become Another Scenic Rd.?

Just this week, news surfaced about Titan Operating filing a request for a Rule 37 exception to come within 47 feet of LISD's Killough Campus (located near McGee and 407 in Lewisville). That isn't a shock but what is alarming is Titan is still actively making offers to LISD for leasing their land. This article in the Flower Mound Leader says 1 million and an post on Whosplayin mentioned 1 1/2 million.


Did you know that your children's health and safety may be sold for 1 to 1 1/2 million dollars? 

We don't know about anyone else but we can't think of an amount that would be worth it. It would be thoughtless and careless to allow more gas drilling near our schools. It has been highly publicized that LISD has been approached over and over again to sign gas leases. In fact, LISD signed gas leases in 2007 but luckliy those leases expired. Are some of our elected School Board Members considering signing again?

We already know that not signing a lease is the best protection from gas drilling occurring near our schools and homes. Now with the supersized padsites, the less signed leases can mean less wells. It has been proven over and over again. This has been debated before. 

In some cases drilling may be already going on but with more leased acreage comes more wells, more tanks, more compressors. With all this equipment comes more emissions and traffic.  

It becomes a big pot of toxic soup. If you don't believe us just drive out to Scenic Dr. and 1171 in West Flower Mound. 


Frankly, the fact that people are worried about LISD "leaving money on the table" or "getting screwed out of royalties", is sickening and insulting by putting greed before our children. The oil and gas industry really doesn't care about our children. If they really wanted to help out Texas schools, they wouldn't be requesting 185 million dollars in "tax refunds" that will require almost half of the refund money come from Texas school funds.

If LISD does NOT sign a lease for the property adjacent to the south of Hilliard Field, NO additional drilling can occur to the South or South East. We believe that would eliminate 5-6 wells based on a 20-24 well estimate given to the Flower Mound Oil and Gas Board of Appeals in May 2010. We also know that many residents to the East, North East and South West have not signed leases. That will eliminate even more wells or at least force Titan to apply for many more Rule 37 exceptions. 

Do you want this near your child's school?

LISD must continue to protest the Rule 37 like the town of Flower Mound did in the Rule 37 request by Williams. Williams ended up withdrawing their Rule 37 request. 

This is a ploy to get LISD to sign leases. LISD needs to stand up to the gas companies! 


Speak up now before it is too late. 

Go to the LISD website and find out the dates and times for the School Board Meetings. 

Contact the School Board Members and let them know how you feel.

If you are interested in getting the word out to your friends and neighbors by an organized effort, please contact us at  stopthedrilling@gmail.com

Titan Operating Tells TRC OneThing, Tells Local Press Something Else

In a letter to the Texas Railroad Commission, dated May 20, 2011, Titan Operating stated they would like the TRC to expedite their Rule 37 ruling because "at this time, however, the Commission's decision on the Hilliard South Unit application is more urgently needed to allow Titan an opportunity to satisfy it's lease and conservation obligations".

However, in an article dated August 12, 2011 for the Flower Mound leader, Titan"s Mr. Schumacher said Titan does not have any expiring leases resulting from the Rule 37 process.                                                                                                         

So why the urgency if no leases were going to expire?

As of today, the well might not be producing so "held-by-production" may not apply. 

Which statement is accurate? You can't have it both ways Titan.

Sue Thy Neighbor?

Living on the Barnett Shale, it is common to blame the gas drilling company. In fact, many residents have gone as far as suing gas companies. But suing your neighbor for signing a lease and allowing industrial activity that results in air pollution, health issues, noise, and lower property values?

Click here to read an interesting article about it.

One line in this article didn't surprise us at all.....

states like Texas and West Virginia don't favor such lawsuits

We do know that gas drilling activity does effect health and the air we breathe, that has been well documented in the local news, on this site and many others in the area. 

We have reported on gas drilling and property values in the past.

Click here and here.

It is a very good question. Should those that sign leases be held accountable when there is a problem like a leak, a spill, a fire, people getting sick or loss of property values?

Gas Executive Sounds Warning On Cementing Of Gas Wells

This isn't the first time a gas executive has expressed concern about cement failure for well casings. We have posted info on this before. Lee Fuller, Vice President of the Independent Petroleum Association of America admits that even with best practices that contamination may occur. He said the cement casing will deteriorate over time, wells will need to be re-worked periodically and even when it done the cement may be flawed and there may still be failures.


Now Paul Smith, Executive Vice President of North American Operations for Talisman Energy gave this warning during a speech to industry group Marcellus Shale Coalition.


Smith said....
“However, industry must recognize that reported cases of gas migration into water tables can occur as the result of ineffective well design and cementing practices.”


Click here to read a great piece on cracking cement.

Since we don't have any long term studies, how do we really know what the life of a "cement casing job" is?

MORE VARIANCE ABUSE

Last night the town council voted 3 to 2 allowing Mr. Hilliard a variance to put up a power pole and over 300 feet of power lines on his property. The voting went as follows for (Hayden, Stephenson, and Wise) and 2 against (Filidoro and Lyda).

The town requires all power lines be buried BY ORDINANCE. It is mostly for AESTHETIC reasons but safety and disruption of service during storms or high winds are a concern too.

Sec. 90-423. - Underground utilities.

All existing overhead utilities, save and except transmission facilities identified herein below, and all new utility extensions shall be placed underground in conjunction with the development or redevelopment of a property, subject to the following provisions:

(1) Each of the utility companies shall be responsible for developing administrative policies and cost reimbursement procedures for the installation and extension of their underground utilities. Nothing in this section shall prohibit or restrict any utility company from recovering the difference in cost of overhead facilities and underground facilities in accordance with the provisions of such utility company's approved tariff. No utility company shall be required to begin construction of underground facilities unless and until the customer, owner, developer and/or party requesting such facilities has made arrangements satisfactory to the specific utility company for the payment of such difference between the cost of overhead utilities and underground facilities.

(2) All electrical, telephone, data transmission, and cable television support equipment (transformers, amplifiers, switching devices, etc.) necessary for underground installation shall be pedestal- and/or pad-mounted or placed underground, and the difference in cost of such facilities shall be paid to the installing utility in accordance with provisions established in subsection (a)(1).

(3) In those cases where temporary overhead service is necessary (e.g., emergency repairs, construction field offices, etc.) these installations shall not be in service for a period exceeding six months.

(4) Transmission facilities as indicated in exhibit A are not required to be placed underground upon the development or redevelopment of the properties containing such facilities.

(5) Exceptions to the standards contained in this section may be granted by the town council subsequent to a public hearing scheduled upon request of the owner or developer.

Click here to watch video from last night's meeting. Go to Item 11.

There are already enough power poles and power lines on this property (on 2499). Why do we need anymore? The only way Mr. Hilliard would have to bury power lines in the future is if his home and the land it sits on is included in a new development. So basically it could be there forever. As if the giant pad site, dust, diesel smoke, trucks etc on Hilliard field wasn't aesthetically ugly enough!

Maybe some feel this is trivial but one of the biggest complaints in the past has been about the consequences of variances. It was a very important issue with the Oil and Gas Advisory Board. The constant granting of variances, or variance abuse as we like to call it, continues to weaken all our ordinances.

A few questions:

We realize some of you don't care about appearance but what about the danger of MORE power lines being near a natural gas production site?

and

Isn't it variance abuse that has created most of the gas drilling mess here in Flower Mound?

Here are just few articles out of many articles about fires from power lines and issues with down power lines.

Click here.

Click here. During one of the many storms we experience there were numerous calls for down power lines.

In addition, the fire department received several calls for fire alarms and down power lines during the storm.

Click here. One more example.

A fallen power line apparently started one Oklahoma blaze

Many homes and schools are near this site. Just think about a fast moving brush fire.

We could go on but you get the picture.

Just Another Day In Paradise.......

Houseplants can imporove indoor air

We have found many studies on the benefits of houseplants. The best one is a NASA conducted back in the 80's. This study showed some plants can remove benzene, formaldehyde, trichloroethylene, carbon monoxide and other chemicals from indoor air. Some plants Click here and here to see other studies and lists of the top air purifying plants. Some plants are more effective than others by removing up to 90% of chemicals in the air!

Since fracking is about to begin at Hilliard, this may be a decorative way to keep your indoor air clean. (No, we are not joking.) Many stores are having sales on plants and pots. This weekend we hit Garden Ridge, Calloways, Walmart, Lowes, and Home Depot. Every store had 50% or buy one get one. We found some great deals.

We also had a permanent HEPA filter added to our air conditioning and heating units.

If you want to see what we might be experiencing in the coming weeks, drive to FM 3040 and Ace Rd. in Lewisville. Or better yet, watch this video.Don't forget the TCEQ odor and air complaint system located on the right side of the blog.

Flower Mound and surrounding communities breast cancer rates on the rise

The Denton Record Chronicle published this article about the rising numbers of breast cancer in communities on the Barnett Shale. It will be interesting to see what the State of Texas does with this information. Just to jog some memories, Back in early 2010, the State of Texas did their own cancer cluster study for leukemia, thyroid cancer, lymphoma, and breast cancer here in Flower Mound. We all remember what came of that......

After finding an elevated number of breast cancer in Flower Mound, the Texas Department of Health Services said the breast cancer result could be due to overall population increases in Flower Mound and the likelihood that women in this area are more frequently screened for breast cancer. 

Just to clarify this excuse, if a woman doesn't get screened and doesn't know she has breast cancer, she is less likely to die from it? Wow, our insurance companies would be happy to hear that.

Frack Schedule Set For Titan/Hilliard Site in Flower Mound

The town of Flower Mound has posted the fracking schedule for the Hilliard Property.

Fracking is scheduled to begin September 12th and end September 27th.

Click here to review.

You may want to keep the TCEQ information handy.

Report all suspicious odors and health issues (even if no odor is present)

TCEQ online form:
TCEQ toll-free at 888-777-3186
TCEQ e-mail cmplaint@tceq.state.tx.us

 

You may want to keep the TCEQ complaint info handy

We may be getting fracked again here in FloMo so don't forget to keep the TCEQ odor and health complaint info handy.

In 2010, we found close to 60 odor and health complaints on the TCEQ website made by residents right here in Flower Mound. No violations have been issued to date. We understand it can be disappointing at times. Our advice is keep calling and reporting. Even if the odor or symptoms go away by the time the TCEQ shows up. Log times, symptoms, and description of odors.

Persistence pays off. Just this year, the TCEQ issued fines for air quality violations against an energy company drilling on the Barnett Shale. In one of the articles below, it states that the fines issued in March of this year were the first ever on the BS. Recently another was issued.

Click here and here to read about these cases.

The TCEQ complaint info is located on the right had side of the blog.

Want to give them a piece of your mind?

We have received emails asking us if letting the Texas Railroad Commission know how you feel about Rule 37's is okay. You always have the right to voice your concerns.

Here is some info we would like to share.

If your letter is general in nature and you just want to voice your opinion on the Rule 37 process, you may want to send your email to:
Chairman Elizabeth Ames Jones: commissioner.elizabethjones@rrc.state.tx.us

If the letter is specifically about the Flower Mound/Titan Rule 37's, you may want to send an email to:
Colin Lineberry: colin.lineberry@rrc.state.tx.us

Please Note:  
If you may be a part of a Rule 37 in the future and plan to file a formal protest to appear at a hearing in Austin if needed, let the Commission know.

RRC Examiner rules for Titan in Rule 37’s – Big Government crushes the little guy, again.

The Texas Railroad Commission has issued a pfd (Proposal for Decision) which paves the way for Titan Operating to take the minerals of 17 Flower Mound homeowners.  The only step left is for Commission itself to bless the decision, a near certainty.  You know, the commission whose chairperson’s Husband and Daddy run Venus Exploration.  With objectivity like that on legal issues, well, let’s just say it would never fly in a REAL legal setting, or on any city council, county government, or any other sort of governing body.  

FMCAUD is proud to have helped these 17 Flower Mound homeowners stand up against this heavy handed government intrusion and theft of property these homeowners had legal title to.  We should all be outraged when government takes anything from an individual.  It is a road to less Democracy and less individual rights.

FMCAUD looks forward to protesting the next 20-22 probable Rule 37 hearings in Austin on this site and any other site in the Metroplex Titan feels the desire to steal private property from.

 

Titan waives the white flag and gives up on $350,000 in top-line Revenue in Lewisville.

FMCAUD has been working with several other communities on gas drilling issues including Rule 37’s. In a recent case in Lewisville, a homeowner had filed a Rule 37 protest for the B & H (NE) Unit. Titan modified the permit with the RRC to shorten their well lateral by ~120’ (roughly equivalent to $350,000 in revenue at current market prices) in order to avoid a hearing with the RRC in Austin. In exchange for Titan not to drill directly under her property, this particular homeowner offered to negotiate for a waiver to forgo the hearing. Titan chose to not negotiate with this homeowner, citing FMCAUD’s likely action to contact other mineral owners in the area, even though a written agreement was subsequently offered not to take any additional action on this particular well.


What business would give up on sure revenue (and profit) and why? We have many theories, but we would like to hear yours.

No...the are not fracking on Hilliard.

The rig on Hilliard is not for fracking. It is work-over rig on site doing routine gas well maintenance. For more info on Workover Rigs click here.

The town will be adding info on this to the Gas Well Status Report.

The rig will be on the Hilliard site for about a week.

Last week, Heath Consultants, were on site. From Heath's website:

We are a manufacturer and consulting firm that provides a variety of products and services for the utility protection and damage prevention markets. Heath Consultants Incorporated was founded in 1933, with an initial focus on leak detection for the natural gas industry.
Through the years, Heath has expanded its products and services with a goal of becoming the world leader in utility protection and damage prevention. From portable gas detectors, confined space monitors, pipe and cable locators, to water leak detection equipment, Heath provides leading edge products and instruments. Gas leak investigation and inspections, underground utility damage prevention, water accountability and training are among the specialties which make Heath Consultants an expert in utility services. Innovation and an active research and development team consisting of engineers and marketing experts keep up with the ever changing market demands to provide state-of-the-art services and products.


As of today, no fracking schedule has been submitted by Titan. No ruling has been handed down on the Rule 37 protests either.