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Gas Drilling Frequently Asked Questions

All questions will be answered based upon topic or subject such as two questions related to sound will be grouped together into one response rather than answering a similar question twice.

All questions must include the name, phone number and address of the questioner in order to be included in the FAQ section.

We request this information only for follow-up purposes and will not be posted for the public.

The City does not lease nor provide advice about leasing private property for gas exploration and drilling.  Information provided by the City 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 "Bedford or City of Bedford" as part of their name or logo, are not associated with or endorsed by the City of Bedford.

In an effort to better inform our residents we have put together a list of Frequently Asked Questions involving gas drilling.

*At this time all questions pertaining to the gas drilling process are based on the current proposed Gas Drilling & Production Ordinance of the City of Bedford. This ordinance has not been officially adopted and may change from its current form before official adoption.

Topic – General

What is the Barnett Shale?
The Barnett Shale is a large natural gas reserve that stretches underground across a 15 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.

Why adopt a gas drilling ordinance in Bedford?
An adopted ordinance allows the municipality to regulate gas drilling operations in the City including areas concerning noise, public safety and aesthetics.

Jurisdiction of the Railroad Commission concerning gas drilling?
The Railroad Commission regulates the exploration and production of oil and natural gas in Texas.  The Commission’s primary responsibilities include: preventing waste of oil and gas resources; protection of surface and subsurface water; and, ensuring all mineral interest owners have an opportunity to develop their fair share of the minerals underlying their property.  

The Railroad Commission does not have jurisdiction over roads, traffic, noise, odors, leases, pipeline easements, or royalty payments.

What can I expect when a company is going to drill in my area?
A pad generally 300’ X 300’ 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 rig move and drilling is a 24 hour operation and is probably 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.

What activity will take place at a gas well site?
During construction of the well site, the actual drilling and final well completion, you may see activity and hear noises that appear unusual. Initially, residents will see bulldozers clearing the site and large trucks delivering equipment. A drilling rig, usually about 120 to 165 feet tall, will be set up and a crew will be on site 24 hours a day to oversee the drilling operation. Fencing is not required at this time of production as long as 24 hour a day supervision is on-site. Inspections will be made by the Railroad Commission and the City.

After the hole or wellbore, is drilled a process called “fracturing” takes place. Fracturing requires dozens of trucks with large pumps to send water down the well to make cracks in the Barnett Shale, which allows the gas to flow. The fracturing process can be noisy and may take 4 to 6 days to complete. The City regulates the hours of operation during the fracturing process and inspects the site to make sure all regulations and safety requirements are met. The water that is used for fracturing is hauled away for safe disposal.

When the fracturing is completed and natural gas finally flows up the wellbore, the initial gas to rise up will be burned off, or flared. This can be seen as bright flames from vent stacks, even when the well is a good distance away. These sights and sounds are normal and temporary. Once this is completed—usually in just a few days—everything will return to normal and production begins.

Equipment is installed to allow the gas to flow safely from the well to nearby pipelines and then on to power plants, factories and even homes. During the production phase the site is quiet and has a minimal impact. Production sites will be monitored daily by the production company and will be inspected regularly by the City. A six to eight foot masonry wall and landscaping will surround the wells for safety and to screen them from the public view after they are put into production.

In communities where drilling is already taking place, the most common complaints during the drilling process are about noise and lighting. The City will monitor noise levels and can require additional sound muffling devices if noise exceeds the levels specified in the Gas Well Drilling and Production Ordinance. Lights at the gas well sites will be directed downward and shielded to prevent illumination of public roads, dwellings and buildings within 1000 feet*.

How long is the drilling rig in place?
A well in the Barnett Shale typically takes 20 to 30 days to drill. However, depending on the area, multiple wells may be drilled consecutively on one site. When drilling is completed, the drilling rig is removed and a smaller completion rig is put into place. After the completion rig is finished, frac trucks arrive for the fracturing process which takes an additional 4 to 6 days. Finally, a wellhead (or “Christmas tree”) is installed along with a few storage tanks. A Barnett Shale well is expected to produce for 20 to 30 years or more.

What happens when production drops off – does the company go in and refrac a well?

Re-fracing old wells has proven to be successful and so it's quite likely that most, if not all, wells could be re-fraced every 5-10 years depending on the individual well.

What is the life span of a well?
The City has heard everything from 20 to 80 years.

Where does the water supply for drilling come from?
It can be bought from the City, piped in from rivers or lakes, brought in by truck or new water wells can be drilled to support the natural gas drilling operations.

Are there natural gas pipelines in Bedford?
There are no transportation natural gas pipelines in the City of Bedford. There are numerous lines in Bedford that distribute gas which is suitable for home use.

Will drilling be allowed in the TXU easements or by any power lines?
This will be a TXU decision.

Will eminent domain come into play to establish well sites?
Eminent domain cannot be used to establish gas drilling well sites. However, a pipeline company can invoke the power of eminent domain if necessary to build gas pipelines.

Will additional staff members need to be hired to manage gas drilling?
No, however the City’s ordinance* allows for the hiring of technical advisors and gas well inspectors on a contract as needed basis.

Will gas drilling operations be subject to the same water restrictions as residents?
Gas drilling companies in Bedford would be subject to any water restrictions that exist. Gas drilling companies have numerous sources that they can use to secure the water they need for drilling these include piping it in, bringing it in by truck and drilling water wells. If the city has imposed water restrictions on the use of the City of Bedford water system then the companies would have to secure water resources in other ways.

Topic – Mineral Rights & Leasing

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.

Does the city profit when drilling takes place on private property?
The City only profits from natural gas drilling on city-owned property unless the City happened to have a mineral interest in property where we did not own the surface. Only the mineral owner and the mineral lessee profit from the operations. The City does receive ad valorem taxes, which are assessed by the Tarrant County Appraisal District.

How will gas drilling impact my property values?
The value of the minerals is included in the assessment of property taxes by the appraisal districts. If you would like to view how the appraisal district handles the valuation of minerals you may visit www.tag.org/Datasearch/datasearch.htm and select Mineral Interest Valuation Detail (it is on the right side of the page). The City does not definitively know the answer at this time of how property values may be impacted by gas drilling.

What is the average revenue to the homeowner from gas drilling?
The revenue to homeowner can vary based upon size of the lot, mineral right ownership etc. For more information about leasing we suggest visiting the Barnett Shale Energy Education Council at http://www.bseec.org/

Can the City of Bedford compensate property owners who live in close proximity to a well site but do not have mineral rights?
No, the city does not compensate adjacent or neighboring property owners when commercial interests develop in their proximity.

If the city ordinance stipulates a large setback, but allows a lesser
setback if all property owners within the larger setback agree, can (and do) the gas companies offer financial incentives to get those property owners to sign an agreement?

Operators in the industry indicate that offering extra financial incentives to get those property owners to sign the drilling waivers is not standard operating procedure; however, those types of decisions are made on a case by case basis.

Topic – Ordinance Requirements

What steps have to be granted for a drilling site to be granted?
The City of Bedford’s ordinance* requires that before an operator can apply and potentially be granted a gas drilling permit they must obtain a Specific Use Permit by the Planning & Zoning Commission and the City Council. Upon approval of a Specific Use Permit, they may apply for a gas drilling permit. The permit requires 27 specific items (See page 14 of Gas Drilling Ordinance)*. In addition, the ordinance sets forth numerous technical specifications that an operator must follow in order to conduct drilling operations with the City of Bedford (See page 29 of the ordinance).

How far must a well be from my property or public structures/areas?
The distance requirement is regulated by the City’s gas drilling ordinance. No well may be drilled closer than 500 feet* from any protected use such as a residence, religious institution, public building, hospital, school or public park.

Does the State require a minimum of 200 feet from bore hole to adjacent structures?
The Railroad Commission website states “The Railroad Commission does not regulate how close a gas well can be drilled to a residential property. However, for a well within the city limits, the city may enact ordinances regarding the proximity to dwellings or other structures. In addition, there is an old law in the Municipal Code, Section 253.005(c), which provides: A well may not be drilled in the thickly settled part of the municipality or within 200 feet of a private residence."

Commission Rule, 16 Texas Administrative Code (TAC) §3.76 provides that in counties with a population over 400,000 or a population over 140,000 adjacent to a county with a population over 400,000, a developer of the property may obtain Commission approval of a subdivision plan that limits drilling activity to designated drill sites of at least two acres for every 80 acres in the subdivision."

The City of North Richland Hills ordinance states that the setback distance for wells is 600 feet. However, wells can be drilled as close as no less than 150 feet from existing residences that are occupied by persons who in writing consent to the request to drill the well if approved by the Gas Appeals Board of NRH.

What emergency plans are in place in case of an accident?
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. The ordinance states "Prior to the commencement of any gas or other hydrocarbons production activities, the Operator shall submit to the Building Official and the Fire Marshal an emergency response plan establishing written procedures to minimize any hazard resulting from drilling, completion or producing of gas wells. Said plan shall use existing guidelines established by the Railroad Commission, Texas Commission on Environmental Quality, Department of Transportation and/or the Environmental Protection Agency. The Emergency response plan shall be kept current with any additions, modifications and/or amendments concerning all construction related activities, oil and/or natural gas operations and/or production. Updated plans shall be submitted to the Building Official and the Fire Marshal within two (2) business days after any additions, modifications and/or amendments to said plans. A copy of the emergency response plan shall be kept on-site and readily available."

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. At times when there are no personnel on-site, a watchman is required by the City’s ordinance*.

Where will gas wells be allowed in Bedford?
In accordance with the City’s proposed ordinance, gas wells must be located 500 feet* or more from all residential and commercial structures, and meet all other technical and legal requirements. Generally 3 to 5 acres of land is necessary to support natural gas drilling operations.

What is the remediation process when a well is abandoned or plugged?
The gas company is required by the Railroad Commission to properly plug the well so that the fresh water zones are protected. They will clean up all trash and contaminated soil, and try to leave the site as near to its previous state as possible. Specifically the City’s ordinance* states the following:

    Section 8.04 Plugged and Abandoned Wells* (page 41)

    A. Surface requirements for plugged and abandoned well. Whenever abandonment occurs pursuant to the requirements of the Railroad Commission, the Operator so abandoning shall be responsible for the restoration of the well site to its original condition as nearly as practicable, in conformity with the regulations of this Ordinance.

    B. Abandonment shall be approved by the Building Official after restoration of the drill site has been accomplished in conformity with the following requirements at the discretion of the Building Official:

      1. The derrick and all appurtenant equipment thereto shall be removed from drill site;

      2. All tanks, towers, and other surface installations shall be removed from the drill site;

      3. All concrete foundations, piping, wood, guy anchors and other foreign materials regardless of depth, except surface casing, shall be removed from the site, unless otherwise directed by the Railroad Commission;

      4. All holes and depressions shall be filled with clean, compactable soil;

      5. All waste, refuse or waste material shall be removed from the drill site; and

      6. During abandonment, Operator shall comply with all applicable sections in this Ordinance.

    C. Abandoned well requirement. The Operator shall furnish the following at the discretion of the Building Official:

      1. A copy of the approval of the Railroad Commission confirming compliance with all abandonment proceedings under the state law; and

      2. A notice of intention to abandon under the provisions of this section and stating the date such work will be commenced. Abandonment may then be commenced on or subsequent to the date so stated.

    D. Abandonment requirements prior to new construction. All abandoned or deserted wells or drill sites shall meet the most current abandonment requirements of the Railroad Commission prior to the issuance of any building permit for development of the property. No structure shall be built over an abandoned well.

    E. The Operator can only abandon a well if the Office of the Building Official has reviewed and approved the abandonment and all appropriate Railroad Commission and City abandonment requirements have been met.

In the event of an accident who maintains the overall liability?
The gas drilling company.

Can the city limit the number of drill sites per acre or provide other mitigation to protect the surrounding neighborhoods from drilling that could continue for many years?
The City cannot legally limit the number of wells on a site as long as those wells continue to meet the stated setback and technical requirements listed in the Gas Drilling Ordinance. However, the City can put in place regulations to protect the public including those that address - noise, landscaping, lighting, and other safety and environmental concerns.

What ordinances are being put into place to protect our infrastructure? What type of fines will the gas companies face if they fail to act according to the ordinances. How will our roads be protected from damage?
The proposed Gas Drilling Ordinance contains provisions for the protection of the City's infrastructure and requires that all operators sign and adhere to a separate road repair agreement. This road repair agreement requires that the drilling operator repair all damages to the City's roadways at their expense. This agreement sets forth the timeliness of repairs, when and how inspections will be handled and the conditions for assessing and documenting the condition of the roadways before drilling commences.

Also included in the City's ordinance is language allowing for fines up to $2,000 for each violation of the ordinance.

How will inspections be handled?
The drilling sites will be inspected by the city. This service can be contracted out and all of the cost of the inspections will be paid for through inspection fees.

What are the restrictions on noise ?
All ambient noise levels will have to be set before a gas drilling permit is issued and those levels will be established with the Building Official present at those tests. The Building Official by definition in the ordinance can also include his designee which can be a certified gas well inspector. Gas well inspectors have training and knowledge on the reading and determination of noise level.

The ordinance states that sound will have to be controlled in such a way that " The exterior noise level generated by the drilling, redrilling or other operations of all gas wells located within six hundred (600) feet of a Protected Use shall be continuously monitored, to ensure compliance. The cost of such monitoring shall be borne by the Operator. The monitoring will be conducted in such a way to guarantee that the results are recorded and retained for periodic review by the Building Official. "

The restrictions are " No well shall be drilled, redrilled or any equipment operated at any location within the city in such a manner so as to create any noise which causes the exterior noise level when measured at the nearest Protected Use receiver’s/receptor’s property line or one hundred (100) feet from the nearest Protected Use structures (measured to the closest exterior point of the building), whichever is closer to the receiver/receptor, that exceeds the Ambient Noise Level by more than five (5) decibels during daytime hours and more than three (3) decibels during nighttime hours. Fracing operations may not exceed the Ambient Noise Level by more than ten (10) decibels. Backflow operations may not exceed the Ambient Noise Level by more than five (5) decibels during nighttime hours."

What is the maximum fine that can be assessed on the drilling companies for noncompliance with the ordinance?
According to state law, the maximum fine that a city can impose for noncompliance with ordinance relating to health, safety and welfare issues is $2,000 for other ordinances not relating to health, safety and welfare it is $500. The city will have the same regulatory authority with gas drilling as it does with any other industry in Bedford, no more and no less.

Who pays for all of the requirements in the ordinance such as masonry screening, watchmen, landscaping and maintenance?
All of those costs are the responsibility of the gas drilling company.

2010, the City of Bedford, Texas
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