The Trinity River is the major drinking water source for over 50% of ALL Texas residentsOn Mar 19, 2012, at 3:37 PM, Marc McCord wrote:
To Whom It May Concern,As you are probably aware, the City of Dallas Gas Drilling Task Force has recommended to the City Council that leases be allowed for drilling and hydraulic fracturing to produce natural gas in the floodplains of the Trinity River. I am sure that you are aware of the fact that the Trinity River is the major drinking water source for over 50% of ALL Texas residents, and that many towns and cities, including Houston, derive a large portion, if not all, of their drinking water from the river. Lake Livingston, which is a Houston drinking water reservoir, sits on the Trinity River south of Dallas and north of Houston.You must also be aware that the Trinity River floodplain contains numerous federally protected wildlife habitat areas that would be threatened with extinction if the river becomes pollutted by frac chemicals, flowback and produced water that is so toxic it can never be cleaned and reused again by humans, animals or plants. And, you must be aware of the damage already done in other areas such as Stevens Creek, a major tributary to the Susquehanna River in Dimock Township, Susquehanna County, Pennsylvania, Towanda Creek, a major tributary to the Susquehanna River, Sugar Run River, a major tributary to the Susquehanna River in Penn Township, Lycoming County, Pennsylvania and numerous other locations where accidents or illegal discharges have occurred.With good reason, Dallas area citizens are very concerned about the possibility of fracture fluid pollution of our waters and floodplains of the Trinity River, especially since the floodplains contain numerous parks and golf courses, nature trails and wildlife habitats that contribute to the quality of life in a major urban area of over 6.5 million people.As the City Council prepares to take up re-writing our Dallas gas drilling ordinance, and it has been recommended to allow drilling in the Trinity River floodplain, we want to know what authority USACE has to regulate and control such activities that potentially pose great risk to public health and safety, property values and the sensitive environment of the river and its floodplain. We are looking for hard, detailed answers rather than bureaucratic double talk. Does the USACE have the authority to regulate hydraulic fracturing in the floodplain of the river, or does it not have such authority?If USACE does have the legal authority to regulate mineral exploration and production within the floodplain, then what steps are being taken to make the Dallas City Council aware of USACE concerns and limitations to exploration and production within the floodplain?Considering the possibility of the Dallas City Council taking up discussions about re-writing the gas drilling ordinance in early April we would appreciate a rapid response to this inquiry providing a detailed answer as to exactly what authority USACE does or does not have in regulating industrial activities within the Trinity River floodplain.Most respectfully yours,Marc W. McCord
From: Marc McCord <email@example.com>Date: March 19, 2012 9:35:14 PM CDTTo: Lois Finkleman <firstname.lastname@example.org>Cc: Angela Hunt <email@example.com>, Ann Margolin <firstname.lastname@example.org>, Carolyn Davis <email@example.com>, Delia Jasso <firstname.lastname@example.org>, Dwaine Caraway <email@example.com>, Jerry Allen <firstname.lastname@example.org>, Linda Koop <email@example.com>, Mike Rawlings <firstname.lastname@example.org>, Monica Alonzo <email@example.com>, Pauline Medrano <firstname.lastname@example.org>, Sandy Greyson <email@example.com>, Scott Griggs <firstname.lastname@example.org>, Sheffield Kadane <email@example.com>, Tennell Atkins <firstname.lastname@example.org>, Vonciel Hill <email@example.com>Subject: USACE prohibitions regarding dams, spillways, levees and other flood control devicesDear Ms. Finkleman,To say the very least, I am appalled and ashamed of the work done by the Dallas Gas Drilling Task Force with regard to the careless and wholly inadequate way the Task Force did its job of investigating legal prohibitions to oil and gas exploration and production in areas near US Army Corps of Engineers lakes, dams, spillways, floodplains, levees and other flood control devices that are designed to protect citizens and property from catastrophic devastation from flooding.Specifically, I call your attention to a document that I personally made available to you and every other member of the Task Force, as well as to every City Council member at that time, Mayor Mike Rawlings, Scott Griggs and Sandy Greyson excepted since they were not on the Council then, called the Texas Resource Management Plan and Record of Decision, dated 31 May, 1996, a copy of which is hereto attached.I refer you to page Document Page 15 (PDF Page 20), left column, US Army, COE, Fort Worth District Projects:“Generally, Fort Worth District requires NSO/ND (no surface occupancy/no drilling) within 3,000 feet under restricted areas. Restricted areas include the major structures such as dams, spillways, embankments, etc.”I have attached a second document titled “Southwest District Policy as of March 17, 2011”, which also preceded formation of the Task Force and the commencement of its work. I have just found this document today, but the Task Force could have had a copy by simply contacting the USACE and asking for all relevant documents pertaining to hydraulic fracturing in areas of USACE concern, yet it appears that either no effort was made to obtain these documents, or else they were ignored as the Task Force went about its effort to weaken the current existing gas drilling ordinance to appease the oil and gas industry.I refer you to Document Page 2 (PDF Page 2) Section 5b and 5c (continued on the following page) in which the 3,000 foot setback exclusion zone is once again reaffirmed referencing the 31 May, 1996 date when the Texas Resource Management Plan / Record of Decision was originally released. These two paragraphs reference BLM/Federal Government owned lands and activities near dams, spillways, embankments, levees and other flood control devices where the US Government does not own land, but where there is a legal requirement to avoid any activity that interferes with the safe and proper function of those flood control devices. Specifically, it states (in reference to lands not under direct control of the USACE), “However, 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.”These admonitions about 33 USC 408 are repeated several additional times throughout the document, and specifically refer to surface lands and mineral rights not under the direct control of USACE or BLM.It is obvious that USACE has a continuing concern about oil and gas exploration and production near critical flood control infrastructure where a breach of a dam, spillway or levee could result in massive death to humans and property destruction. Apparently, this was not of great concern to our Task Force when it was considering recommendations of re-writing our gas drilling ordinance.Lastly, a decision by the Texas Supreme Court last fall, which was recently reaffirmed, flatly stated that use of eminent domain to seize private property for building commercial pipelines is illegal, and that private property rights have a Constitutional basis that cannot be undermined for the benefit of a corporation. A second decision about this very matter is about to be reached in another case involving the Keystone XL pipeline near Paris, Texas. And, yet another ruling was already made in the case of DFW Midstream v Grand Prairie. If pipelines cannot be constructed without the use of eminent domain, then they probably cannot be built at all. Without pipelines there is no reason to even drill wells because they would be useless and unable to produce any marketable product. Yet, again, this issue was never even considered by the Task Force even though it is an integral part of the whole issue of gas well drilling in Dallas.It is shameful when our elected or appointed leaders choose to acquiesce to corporations to the detriment and risk of citizens whom they supposedly represent. Rest assured that these matters WILL continue to be vetted in the public media, and that citizens WILL continue to demand that our leaders work for our protection before they work for the financial benefit of corporations. Hopefully, our City Council will have more integrity than the Task Force, and will take into consideration the potential for great loss of human life if drilling is allowed in floodplains resulting in a catastrophic failure of a flood control device.Marc W. McCordFracDallasWe only have one environment. When we destroy it we will become as extinct as the dinosaurs!
Petition for Safer Urban Drilling
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10 steps to Safer Drilling
I live at ground zero for urban drilling.
We have about 60 padsites in our 99 sq mile town here in Arlington TX.
Our state and local governement will not enforce these two laws....
1) TEX LG. CODE ANN. A§ 253.005 : Texas Statutes – Section 253.005: LEASE OF OIL, GAS, OR MINERAL LAND
“(c) A well may not be drilled in the thickly settled part of the municipality..”
2. Texas Administrative Code, Title 30, Part 1, Chapter 101, Subchapter A,
Rule 101.4, Environmental Quality, Nuisance
No person shall discharge from any source whatsoever one or more
air contaminants or combinations thereof, in such concentration and
of such duration as are or may tend to be injurious to or to adversely
affect human health or welfare, animal life, vegetation, or property, or
as to interfere with the normal use and enjoyment of animal life, vegetation, or property.
We had a drill spill in Lake Arlington, our drinking source, a couple of years ago. We also have about 100 drilling laterals under our lake that are at migration risk for seismic events and or cement failures.
We have had maybe a dozen gas release emission events over the last few years that I am aware of.
The following are the items lacking in our URBAN oil and gas drilling ordinance….................
1. Use electric rigs & and use nondiesel compressors and fracking and lift compressors and compressor stations (but do not use field DIRTY GAS). Blowdowns of compressors whose excess goes to the storage tanks should have Vapor Recovery Systems rather than venting.
2. Video tape ALL cement casing pours when it comes back up to the top through the annulus so that there is proof of an even pour and ensure all wells have electric bond log tests.
3. All drilling mud farming (private & commercial) and brine “road spraying” should routinely test soil and shallow ground water for toxins.
http://www.youtube.com/watch?v=ZQTtI94GGd8&feature=player_embedded Brine spraying
4. We need the industry to invent technology to keep the toxic, silica dust on the padsite-those pathetic pillow case looking socks aren’t getting the job done. Ban the use of Hydroflouric Acid.
5. Mandate ventless, emission free flowback tanks by using pressurized flowback tanks instead of open hatch frack tanks....
6. Global Warming isn't waiting 2.5 years for the EPA mandated Green Completions equipment.... no venting ...wait for the pipeline. Ensure condensers are used on glycol units.
7. The pipeline should be in place FIRST before fracturing so that flowback doesn’t sit in the ground for months festering bacterial sulfide growth to sour and damage the well and sicken people.....
8. The setback away from people should be substantial. Rural method drilling is not acceptable in urban areas. An environmental tester who has a Phd said that the health effects are being seen downwind from about 1,800 – 2,500 feet. Local and state gov. need to test for methane leaks with FLIR cameras.
9. Have zero tolerance for underinspected, or faked Waste Disposal Injection Well casing pressure tests. Don't risk eventual migration of toxic fluids into our drinking supplies.....
10. State entities overseeing oil and gas should regulate how close old wells are to new wells....
Lets elect officials that will ensure a protective Oil & Gas Drilling oversight. This is in our “collective” power so we must all become active to be proactive because reactive measures are too costly.
- Arlington 4th Worst Water Quality in US
- Arlington TX Endangered Firefighters
- avner vengosh
- baker hughes
- Barnett Shale
- Barnett Shale Air Quality Results
- Bioremediation with frack on crack-who'daTHUNK it?
- bottled water
- burkitt leukemia
- Children's Risks to Permanent Brain Damage in Urban Drilling
- city council
- Co-Existing Near Frack Wells
- Dale Henry
- Dead Animals Near Fracking
- deep direct use
- Dept Of Energy
- DFW Plume
- don jakeway
- drilling mud
- Drilling Rig Fires
- enchanted lakes estates
- endocrine disruption
- First Failed Fracking EPA Report
- Flaring pics that are normal
- flooded drill sites
- frack on crack
- ft worth
- Gulf of Mexico Mishaps
- HDPE issues with leaching Benzene
- Health Homeostasis
- Herbicide Use at Padsites
- impact investing
- Incestuous Job Hopping
- injection wells
- jay doegey
- joe barton
- justin Eaklor
- lake arlington
- lake chalres
- lake charles
- land farming
- Living Where You Poop the Arlington Commmons
- maria carbajal
- Methane Leaks Proven up to 17% video
- Methyl Mercaptan
- michael mcCullough
- Microbes & Bacteria Growing Resistance to Antibiotics & Chlorine
- Midstream Pipeline Compressor Station Ownership Changes
- MOF Metal Organic Framework
- money grab
- NCTCOG North Central Texas Council of Governments
- no public review
- nueces electric
- Particulate Matter
- Pics of Arlington Pad Sites
- Pipeline Committments
- Plumbing Issues in the Shale
- Pregnancy Near Fracking
- produced water
- progressive supranuclear palsy
- radioactive piping
- Reverse Setback D.R. Horton
- richard rainwater
- Rolling Hills and The Arlington Commons
- rule 36
- Russian Meddling Funding Fractivism Claims
- shut off valve
- statewide rule 36
- storage tank lack of rules
- Strategic Aerial Injection (SAI)
- super capacitator
- Taylor ishee
- TCEQ violators
- The Arlington Experience by City Water Director of Utilities
- THM and TTHM Erin Brockovich visits Plano TX
- tony rutigliano
- TX Oil & Gas Regulators
- water contamination
- water generator
- water pollution
- water world
- Wood Smoke
History of Hell