UPDATE April 10 2019
—– Forwarded Message —–
From: kim feil <kimfeil@sbcglobal.net>
To: Sheri Capehart <sheri.capehart@arlingtontx.gov>
Cc: Victoria Myers <victoria.farrar-myers@arlingtontx.gov>; Kathryn Wilemon <kathryn.wilemon@arlingtontx.gov>; Michael Glaspie <michael.glaspie@arlingtontx.gov>; Robert Shepard <robert.shepard@arlingtontx.gov>; Lana Wolff <lana.wolff@arlingtontx.gov>; Roxanne Thalman <roxanne.thalman@arlingtontx.gov>; Jeff Williams <jeff.williams@arlingtontx.gov>; Helen Moise <helen.moise@arlingtontx.gov>; Trey Yelverton <trey.yelverton@arlingtontx.gov>; Jim Parajon <jim.parajon@arlingtontx.gov>
Sent: Wednesday, April 10, 2019, 10:14:35 AM CDT
Subject: Fannin Farms Douglas H Miller still has oversight even with name change he has history of 29 companies- WikiCorp says 4 still active
Does this make him a 3rd tier operator?
1. Carrizo, 2. Enervest, 3. UPP
Douglas H. Miller (also director of Saddle too) is still managing Enervest ….corporationwiki says UPP is inactive. But at Capehart’s frownhall meeting, my notes say UPP took over the Fannin Farms operations…..should we expect less oopsies now?
When will the City’s GasWell website reflect this new operator?
Same man running things, however different name. WHY? In this video I am testifying in front of the RRC a the hotel by the convention center in Arlington and I cite an example of how Cearcy Ferguson Jr was barred from their operators in good standing BUT was allowed in three more other times under similar names. MVI 7176 RRC loophole for barred operators=change yer name slightly
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I have two ORR’s to the RRC to answer some questions about a potential loophole I found allowing operators to continue under other names and I blog about it here, https://barnettshalehell.wordpress.com/2019/04/10/tx-oil-gas-rrc-regulator-says-3221-operators-with-unsatisfied-enforcement-orders/.
FYI:
Upp Operating, LLC Overview
Upp Operating, LLC filed as a Domestic Limited Liability Company (LLC) in the State of Texas on Wednesday, March 5, 2014 and is approximately five years old, according to public records filed with Texas Secretary of State.
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FYI: regarding Douglas H Miller:
Board Members MembershipsDirector
Director
Director
2014-Present
Director
EducationThere is no Education data available. Other Affiliations |
Annual CompensationThere is no Annual Compensation data available. Stocks OptionsThere is no Stock Options data available. Total CompensationThere is no Total Compensation data available. |
Request Profile Update———————————
Douglas H Miller is NOT named in these two F R A U D articles below, but this reminds me of how Chesapeake was really into the real estate biz making money on flipping properties verses drilling them:
Remember IF we sleep with dogs we WILL get fleas. We have to get out of the mining biz in this town. Please have a rider added to any appropriate bill filed this legislative session to repeal HB40, or better yet let the CITY take them to court to finally enforce….
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..”
—– Forwarded Message —–
From:
To: kim feil <kimfeil@sbcglobal.net>
Sent: Wednesday, April 10, 2019, 12:04:10 AM CDT
Subject: Re: found my notes from Capeharts meeting
On Apr 9, 2019, at 12:28 PM, kim feil <kimfeil@sbcglobal.net> wrote:
UPP took over Enervest’s Fannin Farms as operator, but I cannot find anything with that name
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UPDATE 3/26/2019 ! So during the day session today Councilwoman Capehart summarized the effectiveness of her meeting last night…now if you saw the videos I posted on my blog as mentioned in the below comment, I kind of disagree. Then when the mayor was talking about Dr Epstein and her position on safety of gas wells in urban Drilling, the broadcast went silent.…https://youtu.be/Dctzu5kaQHk
UPDATE 3/26/2019
—– Forwarded Message —–
From: kim feil <kimfeil@sbcglobal.net>
To: Victoria Myers <victoria.farrar-myers@arlingtontx.gov>; Jeff Williams <jeff.williams@arlingtontx.gov>; Kathryn Wilemon <kathryn.wilemon@arlingtontx.gov>; Michael Glaspie <michael.glaspie@arlingtontx.gov>; Lana Wolff <lana.wolff@arlingtontx.gov>; Robert Shepard <robert.shepard@arlingtontx.gov>; Roxanne Thalman <roxanne.thalman@arlingtontx.gov>; Sheri Capehart <sheri.capehart@arlingtontx.gov>; Helen Moise <helen.moise@arlingtontx.gov>; Trey Yelverton <trey.yelverton@arlingtontx.gov>; Jim Parajon <jim.parajon@arlingtontx.gov>
Cc: Cynthia Simmons <cynthia.simmons@arlingtontx.gov>
Sent: Tuesday, March 26, 2019, 11:54:18 AM CDT
Subject: Last nights 5.th gas well FrownHall, resident 200 ft UTA padsite said he smelled Benzene during drilling
In case you missed last nights 5th official Frown Hall meeting on super-majority needed vote to allow gas wells closer than 600 feet, Arlington TX Show of Hand Fracking Setback Vote.
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Below is some other footage on other gas well related concerns as well as my official citizen request for Industrial Hygiene efforts & equipment needed to test our airshed for longterm, chronic, exposures to hydrocarbons.
Additionally, Capehart was made aware (as the two other council people also present at the meeting last night) of the OSHA 2016 silica standard and how the oil & gas industry is exempt until June of 2021. I have and am asking for local silica rules to be added to our ordinance to protect us and the workers in the interim.
Here is a video on how the City hides behind regulators and regulations (like HB40, a ban on fracking bans), Arlington Texas frown Hall example of Railroad Commission failure.
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Here is a video on how the City is NOT trying to repeal HB40, Citizen Asks what Arlington is pushing 4 gas well related local control this legislative session.
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Following this citizen”s comments in not protecting us in allowing urban drilling without the City doing localized air testing, Not Accepting None-Answer on Why We Don”t Air Test in Arlington TX Urban Drilling,
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Capehart interrupted another citizen challenging Capehart’s statement about why infrared cameras give false readings. Instead Capehart asked Chief Crowson to come speak to the matter, but Crowson only addressed ER response readiness and agreed Industrial Hygiene (IH) is NOT under his authority. So now that we know we have a gap in our aesthetic-only inspections, lets have our inspectors do quarterly air monitoring. Hire an (IH) consultant and lets get started using the ATF funds for equipment for public long-term exposure airshed testing protections thank-you! ….Arlington Gasland TX Fire Chief Crowson Industrial Hygiene not their job to test the airshed
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end March 2019 update—————————–
Councilwoman Capehart aka loves da’ blood money from fracking…..held a frownhall meeting for residents gassed on 9/10/18 …
The meeting was held on 9/19/18 at the Arlington Southwest Library.Sargent Crowsen was asked how many drill site emergencies they respond to and he said about 10-15 a year. Per our 2019 budget on page 120, it will cost us almost $500K/yr for this AFD readiness.
Be sure to make comments on any of these videos and also watch this video about health affects, https://www.youtube.com/watch?v=3BKfEvZ9LxA&t=539s.
Sent: Thursday, September 20, 2018 9:51 AM
Subject: Rash on arm
Subject: Rash on arm
Hello Kim, it was nice meeting and talking with you yesterday at the town hall meeting. I have attached a picture….
with the rash on my wife’s arm that won’t go away. Also, at the meeting I told you that the left side of my face was swelling up from time to time without any reason. But I forgot to tell you the last time my face swelled up (about a month ago) that both sides of my face swelled up pretty bad (looked like a monster) and also my throat swelled up as well. It was hard to breath when I laid down to go to sleep. Actually, that night that my throat swelled up I couldn’t go to sleep cause when I laid down I couldn’t breathe, so I stayed up till 4:30am in the morning until I could finally breathe a little better and get some sleep.
Thanks Kim, take care!
As usual with this blog is my communication letters……
Sent: Wednesday, September 19, 2018 8:26 AM
Subject: Fracking accident in Arlington drone video and meeting tonight
Subject: Fracking accident in Arlington drone video and meeting tonight
FYI..lots of activity…..Rigs are up at Sue Barnett SE Parkway by New York, Fannin Farms south of Stovall Park, Cornerstone Site at Matlock & Nathan Lowe, and the Fulson site at Sublett and 360.
We, our City, needs to challenge HB40.
Kim Feil
On Sep 19, 2018, at 7:54 AM, kim feil <kimfeil@sbcglobal.net> wrote to media:
The cost is his identity?……which in my opinion could have serious ramifications if there are any laws breached about flying a drone too close to sensitive infrastructures or rather class B airspace that needs permission like near the ATT Stadium….unfortunately the frackers/eco-terrorists would likely push to make some type of investigation in calling the drone operator the “terrorist” if the drone failed and crashed and inadvertently causes a storage tank to explode or damage any pad site equipment.He is a hero in my book for capturing this footage and I for one would start a gofundme if anything happens to him financially.Hope you will be at tonight’s stakeholder meeting on this emission event to come see how they (city and frackers) handle the Community outrage for the gas leak near Fannin Farm south of Stovall Park on September 19th 2018 6:30 pm at 3311 SW Green Oaks in Arlington.Here is the text from a community meeting invite, https://www.facebook.com/events/1878381608923224/ As reported by a resident on NextdoorMonday 9/10″
“A serious leak happened at the Fannin Farms drill site on September 10. Councilwoman Capehart is hosting a town hall for residents.
https://youtu.be/M1j8uTAf2No Drone footage with my recount of the night.
Approximately 3 AM I heard a loud hissing like an high pressure line had blew out at the gas well. Called fire department they arrived in 10 minutes and were on scene for over an hour. I spoke with the firemen once the leak had been turned off, he didn’t know what substance was polluting the air.
I’ll tell you this, the neighborhood which runs along Park Green Drive and Garden Green Drive was absolutely being smothered with this unknown toxic chemical. I feel bad for everyone in that neighborhood breathing this unknown substance for over 1 1/2 hours it tasted bitter and terrible.
Just before posting this @ 6 AM smelled a rotten egg odor in the air that rig is a mess!”From: YouTube <noreply@youtube.com>To: Kim Feil <kimfeil@sbcglobal.net>
Sent: Tuesday, September 18, 2018 4:27 PM
Subject: CJ C replied to you
(comments found on youtube)
—– Forwarded Message —–
From: kim feil <kimfeil@sbcglobal.net>
To: Don Crowson <don.crowson@arlingtontx.gov>
Cc: Sheri Capehart <sheri.capehart@arlingtontx.gov>; Kathryn Wilemon <kathryn.wilemon@arlingtontx.gov>; Lana Wolff <lana.wolff@arlingtontx.gov>; Michael Glaspie <michael.glaspie@arlingtontx.gov>; Robert Shepard <robert.shepard@arlingtontx.gov>; Victoria Myers <victoria.farrar-myers@arlingtontx.gov>; Roxanne Thalman <roxanne.thalman@arlingtontx.gov>; Helen Moise <helen.moise@arlingtontx.gov>; Jeff Williams <jeff.williams@arlingtontx.gov>; Jim Parajon <jim.parajon@arlingtontx.gov>; Trey Yelverton <trey.yelverton@arlingtontx.gov>; Jim Self <jim.self@arlingtontx.gov>
Sent: Thursday, September 20, 2018 8:25 AM
Subject: Fannin Farms emission event —You guys should’ve pushed the red button…why wait?
From: kim feil <kimfeil@sbcglobal.net>
To: Don Crowson <don.crowson@arlingtontx.gov>
Cc: Sheri Capehart <sheri.capehart@arlingtontx.gov>; Kathryn Wilemon <kathryn.wilemon@arlingtontx.gov>; Lana Wolff <lana.wolff@arlingtontx.gov>; Michael Glaspie <michael.glaspie@arlingtontx.gov>; Robert Shepard <robert.shepard@arlingtontx.gov>; Victoria Myers <victoria.farrar-myers@arlingtontx.gov>; Roxanne Thalman <roxanne.thalman@arlingtontx.gov>; Helen Moise <helen.moise@arlingtontx.gov>; Jeff Williams <jeff.williams@arlingtontx.gov>; Jim Parajon <jim.parajon@arlingtontx.gov>; Trey Yelverton <trey.yelverton@arlingtontx.gov>; Jim Self <jim.self@arlingtontx.gov>
Sent: Thursday, September 20, 2018 8:25 AM
Subject: Fannin Farms emission event —You guys should’ve pushed the red button…why wait?
Saddle said that an old Carrizo well developed a pinhole size leak and the acoustic detectors showed a leak….and the guy lives far away is why it took so long to shut it off…think of how many old wells Arlington now has….we just need to tell the first neighbor on site to push the red friggen button so people don’t get exposed to these unknown VOCS!
In fact you should have town halls all over Arlington educating people about how to enter a padsite and pull the dam red button rather than have us breathe that stuff!!
Give us good reasons why we cannot pull the red button and shut in the padsite until the frackers arrive?
Keep a suma cannister on your AFD Frack response vehicles….its that simple…we want to know what we breathe when these things spew!
—-end email——–
FANNIN Farms City Council meeting, Sept 2017 background….
For the Fannin drill zone (SUP09-3R2 at 2322 Eden Rd by Pump it Up Cheer TX near the compressor station where they already had a 2.3 Benzene reading) in the staff report, the city asked the driller twice to hold a neighborhood meeting but they never did!
There were two speakers in opposition of which one, Bradley Evans, spoke of how the operator was gerrymandering (shortening the drillzone) to reduce the number of waivers needed from 40 down to 26 (Gee that sounds like a tip from Chesapeake’s play book for the fracksite near ATT Stadium). He clarified that the noise folks were complaining about was during the workover performed on the existing 5 wells recently and how the noise complaints were also outside of the 600ft setback.
The rebuttal to the speakers, a representative from Saddle Operating, LLC (Limited Liability Corp) spoke of offering the http://smalleyfnd.org/overview/youths-and-school-programs to go into the schools and educate the kiddos on fracking…this after there was conversation of teens in a truck trespassing on the Fannin property. The other Saddle rep earlier mentioned how the last owner, Enervest owed the city $126K, but that THEY paid it…oh golly gee what good neighbors they will be!
We were informed of the subsurface “surprise” Saddle was saddled with to the the tune of $1.3 million spent to get the piping that was in pieces out of the ground and replaced after they acquired the property. In a way he did a disservice to the industry in showing how costly it is to spring for updating corrosive, failed equipment…of course he did not elaborate on any environmental impacts of the failed piping….
Oh and let me remind folks that the owner of these Arlington drill sites was first Carrizo, then Enervest, and now it is Saddle….saddled with debt?…saddled with repairs at other sites? This equipment is old now ….and since they are a limited liability company…oh gee, who pays for repairs they cannot afford to do down the road?
—– Forwarded Message —–
From: kim feil <kimfeil@sbcglobal.net>
To: Jenny Narvaez <jnarvaez@nctcog.org>; Chris Klaus <cklaus@nctcog.org>; “mmorris@nctcog.org” <mmorris@nctcog.org>; Rachel Evans <revans@nctcog.org>; Chris Turner <chris.turner@house.texas.gov>; “chris.turner@house.state.tx.us” <chris.turner@house.state.tx.us>
Cc: Victoria Myers <victoria.farrar-myers@arlingtontx.gov>; Sheri Capehart <sheri.capehart@arlingtontx.gov>; Robert Shepard <robert.shepard@arlingtontx.gov>; Kathryn Wilemon <kathryn.wilemon@arlingtontx.gov>; Lana Wolff <lana.wolff@arlingtontx.gov>; Michael Glaspie <michael.glaspie@arlingtontx.gov>; Roxanne Thalman <roxanne.thalman@arlingtontx.gov>; Jeff Williams <jeff.williams@arlingtontx.gov>; Jim Parajon <jim.parajon@arlingtontx.gov>; Trey Yelverton <trey.yelverton@arlingtontx.gov>; Cynthia Simmons <cynthia.simmons@arlingtontx.gov>
Sent: Friday, September 21, 2018 1:17 PM
Subject: NCTCOG role to assist Arlington’s fight against HB40
From: kim feil <kimfeil@sbcglobal.net>
To: Jenny Narvaez <jnarvaez@nctcog.org>; Chris Klaus <cklaus@nctcog.org>; “mmorris@nctcog.org” <mmorris@nctcog.org>; Rachel Evans <revans@nctcog.org>; Chris Turner <chris.turner@house.texas.gov>; “chris.turner@house.state.tx.us” <chris.turner@house.state.tx.us>
Cc: Victoria Myers <victoria.farrar-myers@arlingtontx.gov>; Sheri Capehart <sheri.capehart@arlingtontx.gov>; Robert Shepard <robert.shepard@arlingtontx.gov>; Kathryn Wilemon <kathryn.wilemon@arlingtontx.gov>; Lana Wolff <lana.wolff@arlingtontx.gov>; Michael Glaspie <michael.glaspie@arlingtontx.gov>; Roxanne Thalman <roxanne.thalman@arlingtontx.gov>; Jeff Williams <jeff.williams@arlingtontx.gov>; Jim Parajon <jim.parajon@arlingtontx.gov>; Trey Yelverton <trey.yelverton@arlingtontx.gov>; Cynthia Simmons <cynthia.simmons@arlingtontx.gov>
Sent: Friday, September 21, 2018 1:17 PM
Subject: NCTCOG role to assist Arlington’s fight against HB40
Our Barnett Shale is seeing a resurgence in drilling for natural gas in the urban areas. The midstream (pipeline) operators and (lease loaded) shut in fees make throughput demands on the drilling operators to keep the gas flowing.
https://barnettshalehell.wordpress.com/2018/01/30/why-barnett-shale-urban-drilling-is-ba-a-c-c-k/. Of recent, the noticeable gaswell padsite activity where rigs are (or were recently) up are at: Sue Barnett SE Parkway by New York, Fannin Farms south of Stovall Park, Cornerstone Site at Matlock & Nathan Lowe, and the Fulson site at Sublett and 360.
The fact is now we have aging wells, storage tanks, separators, and lift compressors. That our two biggest operators in Arlington, Chesapeake and Carrizo, are now long gone and ownership has since changed twice (what we call a third tier driller) makes it expensive for the operators to take on padsite maintenance and responsibility for the legacy wells.
September 10, 2018 a pin hole leak developed in an old 2010 drilled Carrizo well at the Fannin Farm padsite and the safety features to keep the well from exploding released the pressure and contents from the well. Fortunately this was captured on a drone video, Fracking Accident…
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Before the accident, the residents were already complaining about the non-neighborly actions of Saddle Operating LLC. One person complained about all the diesel odors. Here is an upscale new development in north Arlington where we captured such a diesel plume…
In response to the emission event, Councilwoman Capehart explained at her frownhall meeting (see footage here) that HB40 ties their hands in stopping new wells.
During the meeting, Sargent Crowsen was asked about how many accidents they tend to in a one years time and he replied that they responded to about 10 to 15 a year. He added that some issues included “washouts” and separator related malfunctions. Aside from the Lake Arlington event, here are a couple of month of “APRIL” events where a similar fog enveloped the areas (one where the fire dept followed a two block wide plume into the neighborhoods across from Hutchinson Jr High) years ago when the infrastructure was relatively “new”….https://barnettshalehell.wordpress.com/?s=april. I attached on this email a Pic 10/18/17 8am north of I30 and east of 820 white plume.
I have been asking for Arlington lead in challenging HB40 (a ban on fracking bans) for HomeRule authority but Councilwoman Capehart argued that that the City of Arlington had already lost a lawsuit (brought by the industry when they tried to impose fees to cover the almost $500K/yr on ave expense for Arlington Fire Department to be trained to respond to drill site emission events). Councilwoman Capehart does not want the City of Arlington to challenge HB40 with another lawsuit, hence why I am writing to North Central Texas Council of Government to build into your next budget to prepare for class action litigation with the financial support of other towns that will also benefit from the reversal of HB40 and the restoration of Home Rule Law.
Our last legislative session had failed bills challenging HB40, so the legislative route is ineffective. Our north central Texas cities supporting NCTCOG can utilize your efficiencies of scale as the appropriate entity for a multi-city class action lawsuit to reverse HB40.
We can no longer allow HB40 to trump Home Rule Law and we do not want our council hiding behind HB40’s at gaswell permit hearings like I witnessed of Councilwoman Myers for the recent Cornerstone permits.
We do not want to have these frownhall meetings after emission events that will be more frequent as these wells age.
Council would still have been in compliance to HB40 if they would have adhered to their 600 ft set back in our ordinance as the drillers have enjoyed being able to be here in Arlington with our 600 ft stipulated setbacks. It is greed in my opinion that council allows exceptions to the 600 ft rule.
I believe that even with HB40 reversed that our city council will continue to approve more wells for financial reasons at the expense of our residents near these drill site to endure repeated emission events. Our 2019 budget in Arlington shows we collect revenues from the drilling operators in inspection fees of $1.1 million and a projected $483,325 expenditure by the Arlington Fire Department for gas well response readiness. To date urban drilling has accumulated $100 million in our ATF fund and dispersed $20 million in grants off of the interest earned from the ATF. We have used $50 million as a loan for Texas LIVE.
But at some point the Cities may start to see the financial downside on abandoned wells from limited liability companies.
Aging padsites can be a financial drain to the ever changing LLC operators and Arlington has already about 350 gaswells drilled starting back in 2006. The rate of operator bankruptcies acknowledged by the RRC and the cost for plugging abandoned wells is quite shocking. https://barnettshalehell.wordpress.com/2016/07/17/as-of-january-2015-frackers-racked-up-25-billion-debt-in-texas-bankruptcies/.
A special committee back in 2016 showed that the City of Arlington thinks the state will step in on any abandoned padsite, however the state has claimed they do not have the money and have to prioritize the worst leakers first…
Aside from the risk the Cities take on operators going bankrupt, the surface value of the actual padsites has lost up to 95% taxable value as the highest and best use is…well…a gas well. A perfect example is when I blogged about when the
Chesapeake padsite near ATT Cowboy Stadium lost $12 million taxable value over 5 yr period on 6.7 acres prime land https://barnettshalehell.wordpress.com/2014/09/10/chesapeake-cowboy-stadium-truman-drill-site-devaluated-3-million-on-6-7-acres-prime-land/
Now the hard part…even if we handle the financial risk of bankruptcies and continue to use the drilling money to pad our budgets, there is the public backlash on the health risks long term on urban drilling as we were the guinea pigs. Most doctors and attorneys will not take these types of cases in court as they are almost impossible to prove the drillers harmed the public with exposures. The drillers should have to prove they did not harm us. At the recent frownhall meeting, people were heard in the videos claiming health effects.
We have failed local leadership in my opinion in protecting citizens from the risk of high impact industrial activities in our neighborhoods, churches, and schools. Will the NCTCOG assist us in get protective measures in place (reversal of HB40) so that when we elect new leadership (#teamtermlimits), we can then begin to ban urban drilling and make Arlington liveable again?
Do we dare to wait and make similar headlines if we find fracking silica dust in umbilical chords? While we have had low birth weight issues before fracking, it is important not to worsen the problem with urban drilling. In trying to understand low birth weight mechanisms, in this article, soot particles from a nearby coal plant were found in umbilical chords ….
Air pollution harms unborn babies. Now we might know why., “Once the coal-fired plant was shut down, birth outcomes in the region improved: The likelihood of having a low-birthweight baby decreased by 15 percent after the plant was closed. The chances of a nearby resident having a preterm birth dropped by nearly 30 percent”.
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A Montreal study from November of 2017 found Benzene byproducts in pregnant women near fracking…https://montrealgazette.com/news/local-news/study-benzene-byproducts-found-in-pregnant-women-near-fracking-sites.
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Please advise on how NCTCOG can represent us in court, thank you.
Kim Feil
https://barnettshalehell.wordpress.com/ 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..” 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.
