Town of Flower Mound, Texas

2121 Cross Timbers Road
Flower Mound, Texas 75028
972.874.6000

For service requests or questions, email
townhall@flower-mound.com
or call 972.539.SERV. After hours, please call 972.539.0525.

Environmental Resources

Oil and Natural Gas Well Drilling

Frequently Asked Questions

History and Current Gas Drilling Environment

Do gas wells currently exist in Flower Mound?

Yes. A portion of Flower Mound lies within a gas deposit known as the Barnett Shale. The Barnett Shale is a large natural gas reserve that stretches underground across an approximate 17-county area. It contains an estimated 26 trillion cubic feet of natural gas and is located approximately 1.5 miles below the surface. In recent years, advances in drilling technology have made it possible for energy companies to extract large amounts of natural gas from the Barnett Shale.

Search By Topic

History and Current Gas Drilling Environment
Town Council, Oil and Gas Board of Appeals, and Oil and Gas Advisory Board
Permits, Ordinances, and Regulations
Noise, Setback, and Gas Well Facility Requirements
Variances
Gas Wells, Pad Sites, and Other Related Facilities
Environmental Testing
Seismic Testing
Personal Property Questions
Emergency Response
Traffic Management
Cummings Gas Well Site
Hilliard Gas Well Site
Williams Drilling and Other Activities
Where Can I Obtain More Information?

Download this FAQ

Oil and Natural Gas Frequently Asked Questions

How many gas wells are currently operating in Flower Mound?

View the online Gas Well Status Report for updated information regarding gas well/drill sites in Flower Mound.

Can the Town of Flower Mound legally prohibit gas well drilling?

Although the issue of the taking of property is one that is the subject of much constitutional debate, a taking of property generally occurs when a government has taken private property for a public use without adequate compensation being paid to the owner. Takings are unconstitutional under both the federal and state constitutions. There are two types of takings: (i) physical occupation (where the government actually occupies someone’s land without any compensation to the owner); or (ii) regulatory taking (where a government regulation denies an owner of the use of his or her land). State and federal courts consistently have held that any local government regulation that prohibited all mining or oil and gas drilling operations inside the local government’s limits was an unconstitutional taking of property since it did not permit the mineral estate owner to either quarry his land or access his minerals. Thus, the right of an owner to access his/her mineral estate cannot be prohibited; however, a local government may regulate setbacks or other siting requirements.

Does the Town profit when drilling takes place on private property?

No. Only the mineral owner and the mineral lessee profit from the operations. The Town does receive ad valorem taxes, which are assessed and collected by the Tarrant County or Denton County Appraisal District.

Town Council, Oil and Gas Board of Appeals, and Oil and Gas Advisory Board

What role does the Town Council have in gas well permitting and regulation?

The Town’s government is subject to all laws imposed by the Town Charter, the United States and Texas Constitutions, the State of Texas, the United States government, and the courts, and how any of those may impact the legal parameters of gas drilling activities. The Town Council may adopt, repeal or amend existing ordinances related to any aspect of oil and gas drilling and production in Flower Mound. The Council also appoints members of the Zoning Board of Adjustment, who by ordinance serve as the members of the Oil and Gas Board of Appeals, and members of the Oil and Gas Advisory Board, which will make recommendations to the Town Council about proposed amendments to the Town’s existing oil and gas regulations. The Town Council has no responsibilities in terms of approving or denying applications or appeals for drilling permits in the Town. Town staff is responsible for reviewing all applications for gas well permits, providing comments and feedback to permit applicants regarding technical issues and compliance with Town ordinances relative to oil and gas drilling and production, and administratively approving or denying permits based upon the Town’s Code of Ordinances.

What are the powers and responsibilities of the Oil and Gas Board of Appeals?

The Board of Appeals considers Oil and Gas permit appeals and either approves or denies variance requests. Oil and Gas Board of Appeals decisions are final and not appealable to the Town Council. If an applicant wishes to challenge a decision of the Oil and Gas Board of Appeals relative to an administrative determination of the Town’s Oil and Gas Inspector or the denial of a setback variance, then the only recourse is to file suit in court.

What are the powers and responsibilities of the Oil and Gas Advisory Board?

The Oil and Gas Advisory Board was appointed by the Town Council in June 2010 to initiate a review of Town ordinances regulating oil and natural gas drilling, and any associated facilities, pipelines, or processes. The 12-member board meets as-needed to review all related information, formulate a consensus regarding revisions, and propose ordinance updates to the Town Council for consideration.

How can I get more information about the Town Council, Oil and Gas Board of Appeals, and Oil and Gas Advisory Board?

For more information about any of these governing bodies, visit the Boards and Commissions page.

Permits, Ordinances, and Regulations

Does the Town of Flower Mound have an ordinance regulating gas wells?

Yes. The Town adopted oil and gas well regulations in 2003 and has since adopted amendments in 2005, 2007, and the new ordinance adopted in 2011. The regulations govern a variety of safety, nuisance, and aesthetic issues commonly associated with gas wells including emergency management plans, noise abatement, and setbacks. The complete regulations can be found in the Oil and Gas Drilling Ordinance. It is considered one of the most stringent in north Texas, and was used by several other cities as a template in the creation of other municipal Oil and Gas Well Drilling ordinances.

Does the Town of Flower Mound have an ordinance regulating oil and gas well pipelines?

Yes. The Town adopted oil and gas well pipeline regulations in 2007 and has since adopted amendments in 2010. The complete regulations can be found in the Oil and Gas Pipeline Ordinance.

What is the permitting process for an oil or gas well?

Application and permitting requirements are outlined in the Town’s Oil and Natural Gas Ordinance. The process requires an applicant to submit required fees and plans to the Town for review. All setback requirements, site plan requirements, and emergency response plans are reviewed by multiple Town departments. Applications may be administratively approved if all requirements are met. If an application cannot meet the ordinance requirements, variances to the requirements must by requested before the Oil and Gas Board of Appeals if an applicant wants to proceed.

How are new gas well applications processed for existing pad sites?

Once a gas well(s) and the associated pad site are permitted, an applicant/operator may submit an application and the required site plans for additional gas wells in the future. Each additional well requires the applicant to submit the required fee, permit application documents, and the application follows the standard review process. If new wells, surface equipment, and/or a pad site expansion do not meet the ordinance requirements and setback distance requirements, the application is denied and the applicant may then amend their plan and/or proceed to the Oil and Gas Board of Appeals for a variance.

Can a permit be administratively issued for a new gas well?

Yes. The Town’s ordinances provide that if an applicant meets the requirements of the oil and gas ordinances, than the oil and gas inspector shall issue a permit for the drilling of the well or the installation of the facilities for which the permit application was made. If there is an appeal from the applicant, usually because a setback variance is needed, then the Oil and Gas Board of Appeals either grants or denies the requested variances. In addition, section 2.02.3 of the Town Charter authorizes the Town Manager to enforce state law and Town ordinances.

How do the Master Plan, SMARTGrowth, and zoning relate to gas drilling?

A gas well is not a Master Plan, zoning, or SMARTGrowth issue since those all relate to surface development. SMARTGrowth simply is not applicable and has no bearing on gas wells. Note that it is a land development regulation, in the zoning code, and relates to adequate public infrastructure—streets, roadways, sewer, water, traffic issues, etc.—all of which address surface development and whether the Town can support the development with sufficient infrastructure.

How does the Town’s tree ordinance relate to gas well drilling?

The Town’s tree ordinance allows the owner of any property zoned agricultural to remove up to 19 protected trees annually. There is an administrative tree removal permit required, which generally takes one week for review. A tree removal request on agriculturally zoned property does not go to a board and does not require a Town Council vote. The agricultural tree removal permit differs from the other types of tree removal permits discussed in the tree ordinance in several ways. First, this permit does not have to be associated with any type of development. Second, the only criteria necessary for approval are that the property be zoned agricultural and that the trees be protected and not specimen. The tree ordinance does not require the property owner to give any other reasons for requesting the agricultural tree removal permit. Staff verifies that all trees requested for removal are protected trees, not specimen, as referenced in the ordinance. The criteria for tree removal in a platted, subdivision lot, is different. Mr. Hilliard’s tree removal permits did go through the proper channels – per the Town’s tree ordinance. His property has not been platted. Mr. Hilliard’s property has not been platted and does not have the additional regulations on it that a platted subdivision would.

What is the difference between specimen trees, protected trees, and non-protected trees?

Specimen trees are the only ones that require a tree removal permit. Removal of specimen trees would require going before the tree board (ECC) and then to Town Council for approval. The specimen tree removal permit process is the same for any property in Town that is under the tree ordinance. Protected trees are allowed to be removed from the buildable area on the site once they have an approved building permit. These do not require going through the tree removal permit process. Non-protected trees include tree species that are not on the Town’s protected tree list (cottonwood, hackberry, eastern red cedar, etc.), or trees that are smaller than six inches in diameter. Once a property is developed and a certificate of occupancy has been obtained, the tree ordinance does not apply and one could potentially remove any tree that lies outside of the floodplain.

Noise, Setback, and Gas Well Facility Requirements

What are the setback requirements for tank batteries, well facilities, and equipment?

An explanation of the setback requirements can be found by reviewing the attached legal memo written by the Town Attorney to the Town Council.

Has Town staff measured noise near the Cummings C-West drilling location?

In response to concerns from a resident regarding nighttime noise levels at the Cummings C-West drilling location, staff took nighttime decibel level measurements at the nearest noise sensitive area approximately 550 feet from the drilling site on three separate occasions; August 12, August 25, and September 16, 2010. The ordinance requires averaging the sound levels over a minimum 15 minute sample duration.

The ordinance defines 56 dB(a) as the maximum noise level for nighttime operations when measured at the nearest residence, public building, or human occupied building. The August 12 readings were taken between 9 p.m. and 10 p.m. The readings did not exceed 56 dB, and the average was 51.9 dB. On August 25, measurements taken between 8:30 p.m. and 9:30 p.m. did not exceed 56 dB and the average was 53.9 dB. The September 16 sample taken between 9 p.m. and 10 p.m. included 5 out of 20 data points that exceeded 56 dB with 3 of those points attributed to cars or trucks passing by that were not related to activity on the well site (56.2 dB), and an airplane flying overhead (56.7 dB). The other 2 data points (59.4 dB & 56.4 dB) were attributed to activity at the drill site; possibly loading drill pipe. The September 16 average was 55.4 dB, so there was not a noise violation for any of the dates.

A concerned party recently posted a noise meter video on YouTube to demonstrate his concerns about the noise generated from the drilling operations. While it is difficult to be certain about the various settings used based on the on-line video as well as the validity of the sampling location, it appears that the user may have set the noise meter on a ‘Hi’ setting which measures noise in the 65 dB to 130 dB range. The proper setting for the sounds/distance in question is the ‘Lo’ setting to measure noise in the 35 dB to 100 dB range. If used improperly, the ‘Hi’ setting can inflate the decibel level between 5 to 10 dB. An ‘Over’ message will appear on the meter display if the sound is outside of the proper range; it appeared from the video that the ‘Over’ message may have been periodically flashing on the meter.

Variances

What are variances?

An applicant may request an appeal or variance to the Town’s Oil and Gas Board of Appeals if the gas well(s) and/or related surface equipment do not comply with the established distance setback requirements, or an appeal may be requested of a decision or determination made by the Town’s oil and gas inspector. The variance or appeal may be requested to reduce the distance requirement to environmentally sensitive areas, residences, public buildings, hospitals, churches, schools, parks, road or right-of-way, and property lines. Distance setbacks shall never be reduced to less than 500 feet for public buildings, churches, hospitals, schools, and residences without a mineral interest. Distance setbacks shall never be reduced to less than 300 feet for residences with a mineral interest.

Gas Wells, Pad Sites, and Other Related Facilities

Does the Town allow salt water injection (disposal) wells?

No. The natural gas well drilling ordinance does not allow salt water injection (disposal) wells to be located within the Town.

Can recycling of produced water be required at each pad site?

Under the current ordinance, recycling of produced water or production fluids is not required. An ordinance amendment could address recycling requirements for gas well operation sites.

What is the difference between an individual gas well and a pad site?

A pad site can contain a single gas well and the associated surface equipment or a pad site can contain multiple gas wells. A typical gas well pad site contains more than one gas well, and the size of a pad site depends on the number of gas wells and associated surface equipment.

Will someone be on the drilling site at all times?

During drilling operations there are personnel on-site 24 hours. Completion operations are usually conducted during the day, but personnel may be on-site 24 hours during a short flow-back period. If there are not personnel on-site (Operations or Private Security), then the site/equipment must be secured.

Are produced water pipelines for transport outside of Town being considered?

Williams has stated that they do not intend to construct produced water pipelines that transport wastewater to facilities outside of Flower Mound.

Are produced water recycling facilities being considered for Flower Mound?

Staff does not believe that produced water recycling utilizing the current available technology and practices is appropriate within the Town. The factors that justify produced water recycling consist of the number of gas wells in the area, access to water for drilling, limited produced water disposal sources, acceptance of a centralized industrial facility to recycle the water, and the construction of a network of proposed water pipelines. Considering the opposition Flower Mound residents have expressed to centralized gas production facilities and associated produced water pipelines and/or additional truck traffic necessary to distribute or transport the produced water, produced water recycling facilities do not appear to be appropriate for the Town of Flower Mound. As the recycling processes and technology continue to improve, staff will continue to research the options available to address the various concerns relative to impacts associated with water use and waste disposal.

Environmental Testing

Has the Town of Flower Mound requested or conducted air quality testing?

Yes. The Town Council and staff are in continual contact with county, state, and federal leaders regarding the subject of environmental testing. In addition, the town has commissioned numerous rounds of independent air quality testing. Please visit the reports from outside agencies section of the Oil and Natural Gas Well Drilling page to review all test reports. Kleinfelder Central Inc. has conducted an air modeling analysis to determine the potential impact of gas well operations, including compression facilities, in Flower Mound. They will utilize data from operations in the Town with staff assistance.

What is Kleinfelder’s methodology for sampling and evaluating reduced sulfur compounds?

The methods used by the Town’s air sampling consultant, Kleinfelder Central, for the ongoing ambient air evaluations are consistent with the ASTM (American Society for Testing and Materials) and EPA prescribed methods. Kleinfelder utilized passive methods with no metal contact for the full evaluation of reduced sulfur compounds. Synthetic materials, such as the bags used for sampling the reduced sulfur compounds, can release or “off gas” that may lead to interference in the evaluation process. The EPA TO-15 method was used for one of the 20 reduced sulfur compounds sampled for a comparison. The Town and Kleinfelder continue to pursue the best and approved methodologies available to evaluate the Town’s ambient air.

Has TCEQ conducted air quality tests in Flower Mound?

Yes. The Town of Flower Mound contacted TCEQ and requested air sampling tests. TCEQ conducted several rounds of testing at numerous locations in Flower Mound that included an odor survey, a Toxic Vapor Analyzer test, and Infrared (IR) imagery surveillance. No odors, nor detectable concentrations of VOC (Volatile Organic Compounds), were observed. The IR imagery showed emissions consistent with normal operations of the compressor engines and heater units. The tests indirectly tested for benzene as part of the VOC sample. Please visit the TCEQ Web site at http://www.tceq.state.tx.us for additional information regarding testing procedures. Visit the reports from outside agencies section of the Flower Mound Oil and Natural Gas Well Drilling page to review all test reports.

Are additional air quality tests being conducted?

Yes. TCEQ conducted an additional round of air quality tests in Flower Mound on January 21, 2010. The second round of tests included collecting air samples utilizing canisters at two locations adjacent to current gas well operations to provide a more comprehensive and detailed air quality analysis at the locations. A final copy is available for download at http://www.flower-mound.com/env_resources/env_resources_airquality.php. In addition, the Town is also contracting to have ambient air analyses conducted.

How can I acquire information about TCEQ air quality test results in the Barnett Shale?

The Barnett Shale Viewer is a Texas Commission on Environmental Quality interactive mapping tool that displays that agency’s air sampling results throughout the Barnett Shale Geographical Area. Updated monthly by the fifth business day of the month, the viewer illustrates specific locations and the type of air quality monitoring that has been completed. Detailed monitoring reports from the samples are also available through the TCEQ website. Please visit the viewer for additional information.

What is a VOC and what is a detectable concentration?

VOCs are organic chemical compounds that have high enough vapor pressures under normal conditions to significantly vaporize and enter the earth's atmosphere. Volatile organic compounds are numerous and varied. VOCs are common in nature and in an industrial society, but are often regulated. Examples include formaldehyde, toluene, benzene, and xylene.

Is the Texas Department of State Health Services conducting a “cancer cluster” study in Flower Mound?

Yes. The Texas Department of State Health Services (TDSHS) conducted an analysis in both Flower Mound zip codes (75022 and 75028) in response to requests from several residents. A final copy is available for download at http://www.flower-mound.com/env_resources/pix/pdf/DSHS2010FMStudy.pdf.

Has the TDSHS previously conducted studies in Flower Mound? What were the conclusions?

Yes. The TDSHS conducted a Texas Cancer Registry study in relation to thyroid cancer in 2008 and a study in relation to breast cancer in 2009. Both studies provided results within expected ranges. View the complete 2008 study and 2009 study for additional information.

Is the Town involved in soil and water quality testing?

The Town works with the appropriate state agencies to require the soil or water testing when necessary due to a source spill, release, and/or product loss. The Town has proposed an EPA study to determine potential impacts of gas well drilling to water quality. Flower Mound’s ordinance requires that water wells located within 1,000 feet of a gas well to be sampled, both pre- and post-drilling. The ordinance establishes a fine/penalty not to exceed $2,000 per violation per day with each day that a violation exists constituting a separate offense.

Is TCEQ installing a permanent air quality monitoring station in Flower Mound?

Yes. The Town is working with state officials and field experts to install a permanent air quality monitoring station that will provide on-going ambient air analysis. The Texas Commission on Environmental Quality has announced plans to place an autoGC air quality monitor in Flower Mound. This technology will allow for 24-hour monitoring via the Internet. Therefore, residents will be able to monitor the air quality in Flower Mound.

Is the Town Conducting Additional Air Quality Testing?

Yes. The Town Council has approved funding for a full-time position to monitor air quality and gas well operations in Flower Mound. Funding was also approved for additional equipment for Town Staff to utilize in continual monitoring efforts including a Photoionization Detector (PID) that will enable staff to conduct air monitoring at operational sites.

What does the TCEQ 24/7 permanent air monitoring station test for?

The equipment will test for a variety of compounds including benzene, xylene, and toluene. A description of the monitoring equipment and the compounds monitored by TCEQ is located at:

http://www.tceq.state.tx.us/compliance/monitoring/air/monops/agc/autogc.html.

Where can I review all of the previous air quality test results?

Air testing/monitoring has been conducted by the TCEQ and ambient air evaluations have been conducted by the Town’s contractor; all air testing and monitoring results are posted online at http://www.flower-mound.com/env_resources/env_resources_ong.php.

Is there a conflict of interest with Kleinfelder, the Town’s air testing consultant?

Questions have been raised regarding Kleinfelder’s relationship to Spectrum Drilling. Staff researched this matter and inquired with the consultant directly. Spectrum Drilling is an envi¬ronmental/geotechnical services drilling company started by Jim Kleinfelder. Spectrum Drilling was purchased by Precision Assessment Technology Corporation (PATC) from Kleinfelder and combined with Precision Sampling, Inc. (PSI), a subsidiary of PATC. When an environmental or geotechnical firm needs to know what is below the surface (i.e., soil testing, foundation design, groundwater assessment, monitoring wells, etc.), they hire a drilling company like PSI/Spectrum Drilling to drill the holes. Kleinfelder representatives stated “none of our drilling is related to oil or gas exploration as this is an entirely different effort and not related to the services we offer as a firm.” Thus, there is no conflict of interest relative to Kleinfelder or its services to the Town.

Seismic Testing

What is Seismic Surveying ?

Seismic Surveying is a testing method used by oil and gas operators to acquire data about the subsurface formation relative to hydrocarbon recovery. The process produces a three-dimensional seismic or geophysical survey that allows natural gas companies to identify potential drilling locations.

What type of equipment is involved?

Seismic surveying involves an energy source and recording equipment. The energy source typically utilized in North Texas consists ofvibroseis trucks which send out vibrations/seismic waves into the ground typically over 8-15 second "sweeps" over a designated area. The trucks are prohibited from operating within the Town's right-of-way and on Town property. The seismic wave generated by the trucks is reflected and returns to the surface and is recorded by receivers or geophones. The geophones consist of cables and a small antennae attached to a box; the recording equipment is also required to be placed outside of the right-of-way.

When will seismic testing be conducted in Flower Mound?

Companies conducting seismic testing in Flower Mound are required to submit a schedule to the Town. Please view the Seismic Operations Information page for an updated calendar of submitted dates.

Where can seismic testing be conducted?

Seismic surveying operations are not permissible in the public right-of-way and/or on Town of Flower Mound property. In addition, surveying companies should obtain authorization from private property owners to conduct seismic surveying operations on private property. Property owners who authorize their property for use may see location markers or flags indicating potential locations for surveying/recording equipment such as the cables with the antennae and box. Please view the Seismic Operations Information page to identify locations within the town in which surveying operations may occur. Operations maps and schedules are submitted to the Town of Flower Mound by those organizations conducting such operations within the community. The Town of Flower Mound provides this information as a courtesy to our residents and is not responsible for the accuracy or timeliness of the information contained in either the submitted schedule or map. The information contained in these documents should be considered general in nature. Please call the Environmental Services Division at 972.874.6354 for more specific information regarding seismic testing schedules or locations.

Is seismic testing allowed on Flower Mound roads?

No. The Town Council adopted an ordinance on December 7, 2009, to prohibit seismic testing on public property and rights-of-way.

How has staff responded to inquiries regarding seismic testing?

Staff received several calls regarding seismic surveying equipment located in private yards, HOA property, and occasionally within the Town’s rights-of-way. Staff responded to the concerns by removing equipment from the rights-of-way, speaking to multiple residents, creating an informational webpage for seismic operations, and issuing a citation to the company conducting the operations. Staff also continued to monitor the areas affected to ensure the operator complied with the Town’s seismic surveying requirements.

Who can I contact for more information regarding Seismic Surveying activities within the Town of Flower Mound?

The Town's ordinances require the operator to provide the locations and timeline for the operations; therefore, questions about the operations can be directed to the Town's Environmental Services Division at 972.874.6354. If the unauthorized placement of equipment on private property occurs, please contact Town staff to obtain information about the operations and the company conducting the surveying.

Personal Property Questions

How can I find out if a natural gas well permit has been obtained near my property or additional information about gas well drilling within our Town limits?

If a gas drilling operator has requested a drilling permit within 1,000 feet from your residence, you will receive a notification concerning the request. Residents with any questions or concerns regarding gas drilling may view the Gas Well Status Report or contact the Town’s Environmental Resources Division at 972.874.6340.

Can someone else own the minerals underneath my property? How can I tell if I own my minerals?

Yes. It is possible that the mineral ownership may be different than surface ownership. A deed/title search may be necessary for one to determine who actually owns the minerals under a piece of property.

Will drilling affect the foundation of my house?

There is no documented evidence of drilling affecting foundations. Most foundation problems occurring in the North Texas area are a result of ground swell and contraction during alternating periods of wet and dry weather.

Can a gas well be placed on my property without my permission?

As a general rule, an operator would rather have the surface owner’s permission before placing a well site on a particular property and will pay appropriate damage fees to the surface owners. Any other actions would be preceded by legal action involving the operator and the property owner.

What can I expect when a company is going to drill in my area?

A sign will be placed near the proposed well site advising that a permit application has been approved. Additional notification may be required depending on setback distances to residential and/or public buildings. A 300-foot-by-300-foot pad generally will be prepared and a drilling rig will move onto the location. The drilling rig will be on site for approximately 20 to 30 days actually “drilling” the well and running pipe into the open hole. After the well is drilled, the drilling rig will move off the site. The rig move and drilling is a 24-hour operation and the noisiest part of the operation. Shortly thereafter, well “completion” will begin and a smaller portable rig will move onto the location. After completion operations, surface equipment will be installed along with appropriate fencing and gates. From this point there will be minimal activity on the location. Occasionally a small rig will be brought to the location for remedial work.

Has the impact gas wells have upon property values been considered?

The Town has contracted with Integra Realty Resources DFW, LLP, to analyze the impact of gas well and centralized collection facilities on property values. Download the Well Site Impact Study.

Emergency Response

What emergency plans are in place in case of an accident?

An Emergency Response Plan is required as part of the gas well permit application. In the case of gas wells, it has been determined that one plan is not a viable alternative and that if a situation should arise, it should be handled based on the type of incident and the information available.

What criteria are used by the Flower Mound Fire Department to review gas well sites?

The criteria used by the Flower Mound Fire Department to approve submitted plans are embodied in the related National Fire Protection Association (NFPA) Fire Codes and Standards, Texas Railroad Commission rules relative to fire protection, Town Ordinances, and the 2006 International Fire Code.

Traffic Management

Are traffic signals considered to manage truck traffic related to gas wells?

A traffic signal can only be installed when warranted per criteria established in the Texas Manual on Uniform Traffic Control Devices. Traffic associated with gas well development is speculative in nature and dependent upon variables such as the number of wells in production, the stage of production, etc. Additionally, the safety concerns associated with trucks used for gas well operations are not different than those associated with other heavy trucks (e.g., construction, delivery, moving vans, etc.).

Cummings Gas Well Site

Does the Cummings-Hodge B Gas Well Site Require Additional Variances?

No. In December 2009 an application was submitted for 4 wells on a new pad site named Cummings-Hodge B. Although the pad site was located on property owned by Mr. Charlie Cummings, Mr. Cummings did not possess a mineral interest ownership. The application submitted by Williams Exploration and Production for Cummings-Hodge B contained contradictory information—one page listed Mr. Cummings as a mineral interest owner and one page did not list him as a mineral interest owner. The well bore for Cummings-Hodge B was located approximately 609 feet from Mr. Cummings’ residence and the tank batteries were located approximately 700 feet from Mr. Cummings’ residence; however, due to an inadvertent error, a variance was required only from the required residential setback (a setback distance of 1,000 feet was required and the requested variance was for 609 feet) but not for the tank battery setback. In February 2010 the Oil and Gas Board of Appeals approved the proposed residential setback. In April 2010 an amended site plan for Cummings-Hodge B was submitted. In this amended site plan and supporting documentation, Mr. Cummings was listed as possessing a mineral interest ownership. Since it was confirmed that he in fact had a mineral interest ownership, the setbacks for a residence with a mineral interest ownership and tank batteries for a mineral interest owner are 500 feet, not 1,000 feet. Consequently, no setback variances were required. At the present time, no additional setbacks are needed for any of the wells or equipment located on Cummings-Hodge B. In Spring 2010, Town staff implemented measures that include a requirement for applicants to provide an affidavit identifying all mineral interest owners and supplemental application review of listed mineral interest owners.

Hilliard Gas Well Site

Was the Hilliard Pad Site Approved?

Titan Operating, L.L.C. received administrative approval on August 26, 2010 for a gas well pad site and two gas wells to be located at 1500 Long Prairie Road in Flower Mound.

Titan submitted an application to construct the well on November 9, 2009, prior to the Town Council’s approval of any gas drilling-related moratoriums. Town staff reviewed the application by Titan and submitted comments on November 19, 2009, informing the company that variances would be required to construct the pad site and drill the well as proposed. Titan representatives appeared before the Oil and Gas Board of Appeals on May 19, 2010, to request well setback variances based upon environmentally sensitive areas, an existing water well, waters of the state, and a building designed/used for human occupancy.

After a public hearing, the Oil and Gas Board of Appeals denied all requested variances. Thereafter, a revised application was submitted in May, reflecting a new pad location and plans to eliminate the water well and building that previously required variances. In addition, the landowner also submitted a request for a tree removal permit in June for agriculturally zoned property that is in full compliance with the Town’s tree ordinance as adopted in 1993. As a result of the applicant’s changes and after an exhaustive review by Town staff, the permit was in full compliance with all Town regulations. The Town’s Code of Ordinances provides that if an application meets the requirements of all applicable provisions of the Town’s oil and gas ordinances, then the Oil and Gas Inspector must issue a permit for the drilling of the well and/or the installation of the facilities for which the permit application was made.

Additionally, Section 4.02.3 of the Town Charter requires the Town Manager to administratively enforce state law and Town ordinances. The Town Council cannot legally interfere with the Town Manager’s statutory duties in this regard. After a detailed staff review of the application and detailed consideration of all other ordinance requirements, it was determined that the revised application demonstrated that the project met all drilling regulations established by both Town ordinance and state law. As such, the application was processed and the permit was issued on August 26, 2010, in accordance with standard Town procedures.

Prior to issuance of the permit, consideration was specifically dedicated to the applicability of a 1,000-foot residential setback for tank batteries, well facilities, and equipment. In 2007, the Town amended its oil and gas ordinance to include specific setback requirements for residences where the person has a mineral interest in the application. Section 34-422(d)(1)(c) of the Code of Ordinances states that a well may be located 500 feet from a residence owned by a person who has a mineral interest in the permit application. In addition, Section 34-422(d)(2) states that tank batteries, compression facilities, and associated equipment shall comply with all well bore permit setback requirements, which clearly define a 500-foot setback from a residence owned by a person who has a mineral interest in the permit application.

As reflected in the Town Council meeting minutes dated January 25, 2007 and a recent report by the Town Attorney, the language in the oil and gas ordinance outlining setback reflects the legislative intent to honor the 500-foot setback requirement. In addition, precedent set by the historical application of the language in the issuance of prior permits, specifically for the Cummings C-West and the Smith A pad sites, recognizes that facilities on a pad site must comply with well bore setback requirements. An additional consequence of applying a cast-in-stone 1,000-foot setback requirement for tank batteries, well facilities, and related equipment rather than complying with the well-bore setback would be the significant increase in pad size, creating potential safety and aesthetic issues that would negatively affect neighboring properties, as reflected in the Model Pad Expansion Map. Please review the Oil and Gas Drilling Ordinance Comparison Chart for additional information regarding the equipment setback requirements and the August 2010 Oil and Gas Drilling Frequently Asked Question Addendum for a complete overview of the current drilling environment in Flower Mound.

As part of the submittal process, the applicant was required to submit a hazardous materials management plan, an emergency response plan, insurance and security requirements, and a noise management plan. The applicant also agreed to address traffic concerns by establishing alternate primary and emergency truck routes for increased safety. In addition to the well, it is projected that storage tanks, a gas lift compressor, and other required surface equipment will also be located on the site. Town staff will vigorously will monitor pad construction and operations during the drilling process and conduct spot checks of the site and equipment on a regular basis. Operations must be in full compliance with all stringent Town regulations and ordinances.

Is there an emergency access road for the proposed Hilliard well site?

The primary entrance to the proposed pad site would be off FM 2499, across from Lake Flower just to the south. The emergency access point would be from Aberdeen, and the gated and secured road would serve only that purpose. The philosophy behind an emergency access road is to provide separation between the primary and emergency access points so that in an instance where the primary access is unavailable (e.g., automobile accident, power line down, etc.), emergency access is not also prevented. Extending Aberdeen to FM 2499 and having that entrance serve as the emergency access point may not provide the separation needed. In this case, providing emergency access via Aberdeen to Spinks affords the ability to leave the area during an emergency to the east without relying on FM 2499. It also provides good access to the site from Fire Station #5. Aberdeen was constructed as a four lane divided and allows for emergency capacity. The Town is evaluating the benefits of using the traffic signal at FM2499 and Aberdeen as part of a possible primary access route so truck traffic can make a left hand turn at a controlled intersection.

In the event of an emergency at the Hilliard Well Site, are there emergency plans in place for nearby schools?

Yes. The plans have been developed over several years with many meetings between all of the public safety agencies within the school district. More detailed plans have been developed for specific campuses, including Shadow Ridge Elementary and Bluebonnet Elementary, depending upon local conditions. In the event of an emergency at the Hilliard gas well site, the most likely response for the schools would be to shelter in place. If a decision is made to close the schools and transport students and faculty to another location, a transportation plan is also in place. LISD can provide additional information regarding emergency plans for specific campuses.

What regulations are in place to manage truck traffic associated with the Hilliard Gas Well Site?

According to the Town’s Oil and Natural Gas Well Ordinance, truck deliveries of equipment and materials associated with drilling and/or production, well servicing, site preparation and other related work conducted on the well site shall be limited to between 7 a.m. and 7 p.m. Monday through Friday and between 9 a.m. and 5 p.m. on Saturday, except in cases of emergencies or where the delivery of equipment is necessary to prevent the cessation of drilling or production. The operator may request a variance from the Oil and Gas Board of Appeals. The applicant and operator for the Hilliard gas well site submitted their required application materials to the Town relative to the access to the site. The Town and the Texas Department of Transportation will review the plans to ensure the routes comply with the pertinent safety regulations. As originally proposed, the traffic plan for this site provided direct access from the Hilliard property onto FM 2499 at an uncontrolled median opening location. This primary route would have created the need for traffic related to the Hilliard operations to enter FM 2499 without the benefit of a signal. The initial proposed emergency route would have extended Aberdeen from Shadow Ridge Middle School to the north for access to the Hilliard property. This emergency route created concern due to the proximity to the school and the related activity. In contrast, the access plan proposed by the Town would allow traffic associated with the Hilliard operations to enter FM 2499 under a controlled condition at a traffic signal. This access scheme provides an increased level of safety for other motorists as well as the vehicles associated with the Hilliard operations. In addition, a pedestrian signal for crossing in a protected mode is located at the Aberdeen intersection. The emergency access route would feed directly out onto FM 2499, avoiding the proximity to Shadow Ridge Middle School.

Work hour/truck traffic compliance and enforcement is being addressed by staff, and multiple departments have been to the site during daytime and nighttime hours. In addition to regular site inspections and nighttime inspections conducted by Environmental Services, Fire Department staff has conducted nighttime inspections and found no truck traffic violations during those inspections. This operator has been notified of the ordinance requirements and an investigation into the recent after-hours truck traffic is ongoing and the appropriate enforcement action will be taken if it is determined an ordinance violation occurred; citizen concerns and documentation, and pertinent site log information is being reviewed. Staff will continue to monitor the sites.

What regulations are in place to manage noise associated with the Hilliard Gas Well Site?

According to the Town’s Oil and Natural Gas Well Ordinance, work at oil and gas wells, other than drilling, shall be conducted only between 7 a.m. and 7 p.m. Monday through Friday and between 9 a.m. and 5 p.m. on Saturday. The operator may request a variance from the Oil and Gas Board of Appeals. The Noise Management Plan, as approved by the oil and gas inspector, shall detail how the equipment used in the drilling, completion, transportation, or production of a well complies with the maximum permissible noise levels of this Article. The noise management plan must:

a. Identify operation noise impacts;

b. Provide documentation, if applicable, establishing the Ambient Noise Level prior to construction of any wellhead compressor or compression facility and after the installation of the noise generation equipment verifying compliance with this section; and

c. Detail how the impacts will be mitigated. In determining noise mitigation, specific site characteristics shall be considered, including but not limited to the following:

1. Nature and proximity of adjacent development, location, and type;

2. Seasonal and prevailing weather patterns, including wind directions;

3. Vegetative cover on or adjacent to the site;

4. Topography;

5. Operation and site noise management measures which may include but not be limited to: use of critical grade mufflers on generators and motors; use of structural noise curtains, walls, or enclosures; and best management practices by limiting or eliminating noisier operations, such as tripping, deliveries of pipe, casing and heavy loads, use of horns for communication, and operation of vehicle audible back-up alarms at night.

Williams Drilling and Related Activities

Where Can I Obtain More Information?

How do I obtain additional information regarding gas wells in Flower Mound?

Visit the Oil and Natural Gas Well Drilling page on www.flower-mound.com for additional information.

Who can I call if I have a question or concern?

Questions regarding drilling and operation of gas wells may be directed to the Environmental Resources Division at 972.874.6340.

Disclaimer:

The Town does not lease nor provide advice about leasing private property for gas exploration and drilling. Information provided by the Town addresses general issues related to gas drilling and mineral leases and is not intended to provide advice on any specific legal matter or factual situation. This information is not intended to create and its receipt does not constitute a lawyer-client relationship. Readers should not act upon this information without seeking professional legal counsel. Gas companies offering leases for gas exploration and drilling for privately owned minerals, including those with the words “Town of Flower Mound" as part of their name or logo, are not associated with or endorsed by the Town of Flower Mound.