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Home My WebLink AboutMay 8, 2012 AgendaAGENDA CITY OF DENTON CITY COUNCIL May 8, 2012 After determining that a quonim is present, the City Council of the City of Denton, Texas will convene in 2"d Tuesday Session on Tuesday, May 8, 2012 at 4:00 p.m. in the City Council Worlc Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: NOTE: A 2"d Tuesday Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff direction into whether or not such matters should be placed on a future regular or special meeting of the Council for citizen input, City Council deliberation and formal City action. At a 2"d Tuesday Session, the City Council generally receives informal and preliminary reports and information from City staff, officials, members of City committees, and the individual or organization proposing council action, if invited by City Council or City Manager to participate in the session. Participation by individuals and members of organizations invited to spealc ceases when the Mayor announces the session is being closed to public input. Although 2"d Tuesday Sessions are public meetings, and citizens have a legal right to attend, they are not public hearings, so citizens are not allowed to participate in the session unless invited to do so by the Mayor. Any citizen may supply to the City Council, prior to the beginning of the session, a written report regarding the citizen's opinion on the matter being explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defining the proposed action, which will be made available to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings. 1. Receive a report and hold a discussion concerning the Denton County Transportation Authority's A-train service schedule, bus operations and public transportation services. 2. Receive a report, hold a discussion and give staff direction regarding the request to name the Rail Trail pedestrian bridge over Loop 288 after Martin Luther King, Jr. 3. Receive a report, hold a discussion and give staff direction regarding activities relating to the City's Gas Well Inspections Division; Phase II amendments relative to the City's drilling and production regulations; and the enacted gas well moratorium. Following the completion of the 2"d Tuesday Session, the Council will convene in a Closed Session to discuss the following: 1. Closed Session A. Consultation with Attorney - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. 1. Receive a report and hold a discussion regarding legal issues on matters regarding the leasing of land and financing of a City facility on University of North Texas property located at I-35 and North Texas Boulevard where such discussion presents a conflict between the duty of the City's attorneys to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas and the provisions of the City of Denton City Council Agenda May 8, 2012 Page 2 Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding the leasing of land and financing of a City facility for economic development purposes on University of North Texas property located at I-35 and North Texas Boulevard, including financial information related to such activities from a business prospect. CERTIFICATE I certify that the above notice of ineeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 2012 at o'clocic (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE 1N ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE 1NTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY' S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: May 8, 2012 DEPARTMENT: Transportation Operations ACM: Jon Fortune � SUBJECT Receive a report and hold a discussion concerning the Denton County Transportation Authority's A-train service schedule, bus operations and public transportation services. BACKGROUND Denton County Transportation Authority (DCTA) staff has requested the opportunity to brief the Denton City Council on proposed service level revisions for the A-train. Over the past several months, DCTA staff has reviewed ridership data and conducted rider surveys in an effort to identify options for expanding A-train service and provide more transit opportunities to Denton County citizens. The ridership data suggests the current orientation of the late night service, promoting later trips south bound from Denton to Dallas, is opposite of ridership demand. DCTA staff is recommending a tweak to the A-train service to allow riders to return from Dallas north bound to Denton by aligning the A-train service to linlc up with the last north bound DART Green Line train to Trinity Mills. This would allow DCTA to respond to ridership feedbacic indicating a desire for later north bound service with north bound A-train service departing Trinity Mills between 12:30 am and 12:45 am. DCTA staff is also recommending the addition of mid-day train service during weelcdays and discontinuing the current mid-day bus service. DCTA staff briefed the DCTA Board on these proposals during the April 26, 2012, DCTA Worlc Session and indicated that proposed service level enhancements are financially sustainable in their five-year forecast. DCTA staff has targeted Augtist 20, 2012, as the effective date should any revisions to service be approved. To meet this schedule, the DCTA Board will need to consider the proposals at the May 24, 2012 DCTA Board meeting. The DCTA presentation will also provide the City Council an update regarding bus service in Denton. DCTA staff will facilitate this report with a PowerPoint presentation. The presentation was not available at the time this document was prepared, but it is expected to cover the following topics: Agenda Information Sheet May 8, 2012 Page 2 of 2 A-train • Options for Friday night service • Proposed Saturday service revisions • Adding mid-day service • Integration of Stadler Rail Cars • Fare Boundary Bus Operations • Bus Ridership • Bus to Rail Connectivity • Bus Maintenance Facility EXHIBITS DCTA Board of Directors Memo dated Apri126, 2012 Respectfully Submitted: f�� - �� Mark Nelson Transportation Director �C�Ci4�'s��",�``,�`I�)i�l ��!. � � � I � x � ` � „ �'^ 1� , � ' . � d � i ��gr��r�� I�� C��c�r��i�r, ��TA� ��at��d ��rvi�� I�;n t�i�� is��I��I'�d ��ri�� c�� r��ocr�rr��t�i�ti��rs f�ar i��A-t��r� ��rvic�� i��°r�r��r��r�t�. �"h��; �r��ar��rtt� i�c�l�d�c� in�r��ir�� th� ��n �F ��r�r�� or� �h� �gtr�ir� �r�� ir��rca�ir�g ��1�ctic�r�� t�v�� t��r7�it r�r��. ��i�, t��r� cr�� c�a��i�i��r��t� vvi�e� �urv�e� t� ��r ;� b�tt�r �nd�r�t�r��ir�� f t��r�sit r�e�c�� c� pri��iti�� T�i� r��u8t�. ��y fir�c�ir�� r��f g�r�p��l ��r�s vv�� r��c�s�tl�ci t�� t6�� bl�c �t � r��n� r�f p�bl�c rr7��:tin� it1 ��rl,y fl��r�h. 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U' ..) � /!� � G.] d J G3 A. ..k. 7 €�O �-14��r 115C7 3� �7 � �l S�`%'� �� l� �4°1, . _. ._ - l�-6�� , �� ?� �� l� �(ll, ��i �C� �.�l�l, . _r.. _ ��-�tl�r .�'2t�5 33 41 � 25°� 5�0 33 1�Q�fi� ry�� ''p_°��.'.t._.. ^�ry }�g / ^ ) (�, ��-9VIr�',r lG..V�� 13 �?"�pd�4 '-P�.�A __ �,`t ��fl�G ��1�/�t-W��kc��y Ft�c:iership -79- � � � � � ��a � �� ' �� f� � � � � � � � �� ¢ �� 0 � � ��j � �� $ �� — � �� ¢�� '� � �� S e�S �� `�� ,� � �� .�� `�� . � �� e �� i� �� . �� s� �� n�� r��k�. AGENDA INFORMATION SHEET AGENDA DATE: May 8, 2012 DEPARTMENT: Parks and Recreation �, �;; ACM: Fred Greene SUBJECT Receive a report, hold a discussion and give staff direction regarding the request to name the Rail Trail pedestrian bridge over Loop 288. BACKGROUND At the May 1, 2012 Council meeting, Mayor Pro Tem Kamp aslced for a staff update on the status of a request from former Council Member Charlye Heggins to name the 900 linear foot Denton Branch Rail Trail pedestrian bridge the Dr. Martin Luther King, Jr. Bridge. The contract to constnict the bridge has been placed on the May 15, 2012 consent agenda for Council approval. If approved, constniction on the bridge is expected to begin late June 2012. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On October 19, 2010, a Professional Services Agreement was approved with the engineering consulting firm of Locicwood, Andrews & Newna�n, Inc. for the design and specifications for the constniction of a Pedestrian and Bicycle Bridge over Loop 288 as part of the Denton Branch Rail Trail proj ect. FISCAL INFORMATION The policy states that the party requesting the naming is responsible for all costs associated with signage unless City Council waives this requirement. EXHIBITS None Respectfully submitted: �� Emerson Vorel, Director Parks and Recreation Department AGENDA INFORMATION SHEET AGENDA DATE: May 8, 2012 DEPARTMENT: Planning & Development ACM: Fred Greene <��' SUBJECT — SI12-0005 —Denton's Gccs Well Tccsk Force ccnd Gccs Well Inspections Division IJpdccte Receive a report, hold a discussion and give staff direction regarding activities relating to the City's Gas Well Inspections Division; Phase II amendments relative to the City's drilling and production regtilations; and the enacted gas well moratorium. BACKGROUND Gas Well Task Force On January 31, 2012, the staff updated City Council regarding the malce-up, status, and progress of the Gas Well Taslc Force. Since that time, the Taslc Force held eight (8) additional weeldy meetings to continue discussing the identified Focus Area topics. Meeting minutes, presentations, comment cards, and additional resources are all currently posted on the City's website at: http://www.cityofdenton.com/gaswellinspections. The Task Force meetings served as a means to further engage the citizens of Denton regarding the pending Phase II updates to the City's drilling and production regulations. In addition to the Task Force meetings, the University of North Texas' Department of Philosophy and Religion Studies Professor, Dr. Adam Briggle, and the Denton Stalceholders Drilling Advisory Group (DAG) also held a series of gas drilling related meetings. Via panel discussions, DAG presented pertinent drilling and production information to the public. The DAG process assisted the City by serving as an additional fonim for capturing public input that will greatly contribute to the Phase II revisions. City Staff inet with Dr. Briggle on November 10, 2011 to share and discuss information and core principles that should be considered during the Phase II draft. Public input received via comment cards and verbalized comments during the multiple Taslc Force meetings, written statements, technical publications, industry participation, and research papers were also used by staff to draft revised ordinance langtiage. City staff is currently in the drafting, editing, and revising stage of the Phase II ordinance amendments. The final Task Force meeting to discuss the Focus Area topics concluded on Monday, March 26, 2012. After that meeting, staff accepted the taslc of drafting the ordinance amendments to capture the Task Force's recommendations, comments provided by Denton's citizenry, state and federal governmental policies, and City staff's lcnowledge and research findings in accordance with City Council's previous leadership and direction. The next stage of the Phase II ordinance amendment process will be to generate a draft that can be sent for review by the legal and scientific advisory members of the Taslc Force. The legal and scientific advisory members will review the draft ordinance and offer suggested language changes to ensure the proposed ordinance draft maximizes acceptable technical and scientific standards, could pass legal challenges, and was drafted in accordance with current state and federal niles, laws, and regtilations. The timing of review by the outside legal and scientific advisory members is anticipated to talce approximately three to four (3-4) weelcs. If the legal and scientific reviews produce additional langtiage changes, City staff will once again meet to incorporate those suggestions into a draft that will be presented to the voting members of the Taslc Force. The Taslc Force will hold another public meeting to review the draft generated by staff and scnitinized by the outside legal and scientific advisory members. This meeting will provide City staff with an opportunity to present the draft ordinance to the voting Task Force members and describe the processes used during each stage of the Phase II ordinance amendment process. This upcoming meeting will once again be scheduled in the City Council Chamber and open to the public. Advertisement and announcements of the final Task Force meeting will be conducted in advance of the meeting to ensure attendance and participation by both the public and voting Task Force members. Some langtiage revisions reviewed by the Task Force during this meeting may not capture the anticipated draft langtiage of each member. To provide City Council with multiple options for revision, Taslc Force members will be encouraged to provide substitute recommendations to address the issue. The proposed draft ordinance, along with any substitute Taslc Force recommendations, will then be scheduled for public hearings by the Planning and Zoning commission and City Council to review, amend, and/or approve the Phase II amendments. Gas Well Inspections Division Update The Gas Well Inspections (GW� Division inspects each Drilling and/or Production Site and every well under the City's jurisdiction. The GWI Division currently maintains records for 267 producing, drilled, or permitted wells within the corporate city limits (COD), and 188 wells within the Division 1 area of Denton's extraterritorial jurisdiction (ETJ). The GWI Division is currently worlcing with Technology Services to create an interactive web-based mapping system for each Drilling and/or Production Site and every well. The map will be available online once the system is developed. Frequent updates to the map will be performed by the GWI Division to ensure the public map viewer provides the most up-to-date information to the general public. In 2011, the City began the annual inspection program to ensure on-site physical inspections of each Drilling and/or Production site and administrative reviews of each well are performed at a minimum of twice per year. This annual program helps the GWI Division maintain accurate records of each facility and provides the means to field verify well status and condition, site layout, and regulatory compliance. The annual inspection fee amount was established at $850 for wells within COD, and $580 for wells within the Division I ETJ. The City billed operators half of the respective fee amounts per well in 2011 since the City only had the capability to conduct one of the two annual inspections. In addition to the reduced fee, additional wells were voided due to multiple factors such as plugged wells, wells permitted and not drilled, or permitted dry holes. The City mailed invoices totaling $175,750, voided $27,105 worth of fees, and collected $148,645. The collection percentage, accounting for voided invoices, equated to a one-hundred (100) percent collection rate. In Febniary 2012, the City mailed the 2012 invoices to the respective operators. The 2012 original invoiced total was $336,260. Additional invoices totaling $123,760 were sent to various operators to account for corrected and voided invoices. The voided amount is currently $132,530. As of May 3, 2012, the amount remitted was $279,190, which equates to an approximate eighty five (85) percent collection rate. The outstanding balance of $48,300 remains unremitted. The majority of the outstanding balance, $44,550, is carried by one operator, Eagleridge Operating. If Eagleridge submitted full payment, the 2012 collection rate would increase to approximately ninety nine (99) percent. The increase in voids froin 2011 to 2012 was mainly the result of removing six (6) permitted Devon wells that were not drilled as of the original invoice date. To correct the six (6) wells, Devon's entire invoiced amount, $102,540, was voided and re-invoiced at the corrected total of $97,980. Devon's corrected invoice accounts for approximately seventy eight (78) percent of the total voided in 2012. The GWI Division is worlcing with the respective operators to account for the outstanding balance. The GWI Division commenced the City's inspection program in April 2011. From April to June, the Division performed well identification inspections to field verify the RRC data. Beginning in July 2011, inspectors performed compliance checics of each Drilling and/or Production Site. In 2011, the GWI Division performed 1,592 inspections and issued 2,344 notices of violation. The Division's webpage includes the attached 2011 inspection summary. In addition, the monthly inspection results for January, Febniary, and March are also available online and included in the exhibits. The GWI Division performed 296 total inspections in January, 224 in Febniary, 331 in March, and 299 in April. Gas Well Moratorium On Febniary 7, 2012, the City Council approved Ordinance 2012-024, which imposed a moratorium on the receipt, processing and approval of applications for oil and gas well permits that would authorize Mineral Activities within the corporate limits of the City of Denton, and any applications for specific use permits, site plans, development plans and plats of any nature or type, pursuant to the Denton Development Code as they relate to Mineral Activities, or any part thereof, in the City of Denton. The purpose of the moratorium is to maintain the stat�is quo within the corporate limits of the City. Per the aforementioned ordinance, the moratorium shall remain in full force and effect upon its passage and for a period not to exceed 120 days, unless terminated prior to that time by action of the City Council. During the moratoriuin, City staff was directed to complete those studies and analyses necessary to determine what, if any, regulatory changes to the ordinances of the City of Denton are reasonable and necessary to permit the Mineral Activities without disproportionately impacting the interest of surface estate owners and citizens within the City. One objective of the moratoriuin was to afford time for the City staff to complete their worlc and malce their recommendations to the City Council within one hundred twenty (120) days. If staff determined the one hundred twenty (120) day time period was not feasible, they were directed to report bacic to the City Council with a proposed calendar in which they will complete their worlc. This agenda item provides the opportunity to report bacic to City Council with a proposed calendar. CONCLUSION Staff is actively involved in drafting, editing, and revising the Phase II ordinance amendments. The final Gas Well Taslc Force meeting to discuss the Focus Area topics concluded on March 26, 2012. The next steps in the Phase II process will enable staff to worlc with the outside legal and scientific Taslc Force advisory members to devise a draft ordinance that will be presented to the voting Taslc Force members during an upcoming public meeting. The proposed draft ordinance will then be scheduled for public hearings by the Planning and Zoning commission and City Council to review, amend, and/or approve the Phase II amendments. In addition, the GWI Division will continue inspecting the drilling and production facilities located within the City's jurisdiction. The accepting and processing of oil and gas well applications will continue in accordance with the adopted moratorium as long as it remains in effect. EXHIBITS Exhibit 1— Gas Well Task Force Voting Summary Exhibit 2— 2011 Annual Inspection Invoice Summary Exhibit 3— 2012 Annual Inspection Invoice Summary Exhibit 4— GWI Division 2011 Inspection Summary Exhibit 5— January 2012 Inspection Summary Exhibit 6— Febniary 2012 Inspection Summary Exhibit 7— March 2012 Inspection Summary Exhibit 8— April 2012 Inspection Summary Exhibit 9 — PowerPoint Presentation Prepa�ed by: �� Ma�lc A. Cunningham, AICP, CPM Planning and Development Depa�tment Director Respectfully submitted: Fred Greene, Assistant City Manager Exhibit 1 ACTION ITEM VOTING RESULTS 5 Voting members: Don Butler (DB), John Siegmund (JS), Vicki Oppenheim (VO), Tom La Point (TL), and Ed Ireland (EI) FOCUS AREA TOPIC 1 AIR QUALITY (1-9-12 and 1-23-12 meetings � 17 Items) 1. No electricity generation on-site a. Approved, 4-1 vote (AYE - DB, JS, VO, and TL � NAY - EI) 2. Vapor recovery units a. Approved, 5-0 vote 3. Green completions a. Approved, 3-2 vote (AYE - DB, VO, and TL � NAY - JS and EI) 4. Best practices for gas drilling and production a. Approved, 5-0 vote 5. Air monitoring as a compliance tool through a monitoring program a. Approved, 5-0 vote 6. Reference other applicable local, state, and federal rules, laws, and regulations a. Approved, 5-0 vote 7. Incorporate compliance timetables a. Approved, 5-0 vote 8. Appropriate valves and fittings, plus pipeline pressure monitoring and shut-off valves a. Motion to include under °Best practices for gas drilling and production" b. Approved: 5-0 vote 9. Regulate compressor stations, collection stations, or tank farms in City a. Motion to not follow DAG's recommendation as originally presented -°No compressor stations, collection stations, or tank farms in City" b. Approved: 4-1 vote (AYE - DB, JS, TL, and EI � NAY - VO) c. Second vote with modified language, as written d. Approved: 5-0 vote 10. Air quality analysis and monitoring a. Motion to include under °Air monitoring as a compliance tool through a monitoring program" b. Approved: 5-0 vote Page 1 of 13 Exhibit 1 11. Outfit City staff with necessary equipment to carry out Task Force goals and ensure they are trained properly to utilize the equipment a. Approved: 5-0 vote 12. Proper actions for regulatory infractions regarding emissions a. Motion to include under °Reference other applicable local, state, and federal rules, laws, and regulations" b. Approved: 5-0 vote 13. Consider requiring operators to submit evidence of compliance with state and federal air permitting regulations, upon request a. DB motioned to combine the presented °Baseline analysis for air" and °Summarize impact pathways" AIs. b. VO seconded; motion presented for vote c. Approved: 5-0 vote 14. EIAs for each site, plus TIAs required and Ongoing air quality monitoring a. Motion to take no action b. Approved: 5-0 vote 15. Environmental Defense Fund (EDF) recommended emission reduction measures a. Motion to include under °Best practices for gas drilling and production" b. Approved: 5-0 vote 16. Updates to ordinance document a. Motion to include under °Reference other applicable local, state, and federal rules, laws, and regulations" b. Approved: 5-0 vote 17. Best available technology, monitor VOC emissions, fewer drill sites in City and ET7, pipeline pressure monitoring and shut-off valves, vapor recovery units, and eliminate flaring a. Motion to move past all six action items b. Approved: 5-0 vote FOCUS AREA TOPIC 2 WATER (1-30-12 and 2-6-12 meetings � 17 Items) 1. Require closed-loop systems in the City and ET7. a. Approved: 5-0 vote Page 2 of 13 Exhibit 1 2. Used drilling fluids should be temporarily stored and reused for drilling, when possible. Surplus uncontaminated drilling mud may be applied to surface of agricultural land which is not subject to run-off. b. Motion to include items with closed-loop recommendation c. Approved: 4-1 vote (AYE - JS, VO, TL, and EI � NAY - DB) 3. No saltwater disposal wells allowed in the City or its ET7. d. Approved: 4-1 vote (AYE - DB, JS, VO, and TL � NAY - EI) 4. Expand best management practice requirements to minimize sediment runoff. e. Approved: 4-1 vote (AYE - DB, JS, VO, and TL � NAY - EI) 5. Use existing Action Item language for similar newly proposed actions. f. Approved: 5-0 vote 6. The City gas well inspector, or his representative, should be given joint inspection/enforcement jurisdiction over existing and future City water quality ordinances, that are under the purview of other City Departments or inspectors. g. Approved: 5-0 vote 7. Require operators to submit private water well testing results of those wells within a 1,500-foot radius for property owners who agree to the tests and that the costs shall be borne by operator and testing conducted by independent, certified third party. h. Approved: 5-0 vote 8. Require proximity maps to surface waters and surface drainage assessments with the emergency response plan. i. Approved: 3-1-1 vote (AYE - DB, VO, and TL � NAY - EI � Abstain - JS) 9. Require operators to provide verification that site personnel are trained in and in compliance with the submitted emergency response plan. j. Approved: 5-0 vote 10. Investigate additional casing monitoring inspections and regulate findings accordingly. k. Failed: 2-3 vote (AYE - VO and TL � NAY - DB, JS, and EI) 11. Establish a methane monitoring program as well as isotope testing and regulate accordingly. I. Failed; no second to approval motion 12. Require water recycling technologies, where applicable. m. Approved: 5-0 vote 13. Postpone possible action regarding setting water use limits until after the City Council vote on the water plan. n. Motioned to postpone o. Approved: 5-0 vote Page 3 of 13 Exhibit 1 14. Update water quality and quantity standards as best practices and laws change. p. Motion to include with previously approved Action Item q. Approved: 5-0 vote 15. Provide the City information on impact pathways for water quality on at each site and the practices and measures that will be implemented to address these impacts. r. Motion to include with previously approved Action Item s. Approved: 5-0 vote 16. The operator must disclose how much water it will require, what source of water it plans to use, and options for reducing water use. t. Motion to include with previously approved Action Item u. Approved: 5-0 vote 17. The operator must use municipal water and no municipal water may be transported to any pad site not specified in the plan. No municipal water may be transported outside of Denton and its ET7. v. Motion to not forward as a recommendation w. Approved: 5-0 vote FOCUS AREA TOPIC 3 COMPLIANCE/INSPECTION FOLLOW-UP (2-13-12 meeting � 9 Items) 1. Establish procedures and a timeline for bringing unpermitted/platted wells and related facilities into compliance based on legal review. a. Approved: 5-0 vote 2. Operator shall provide testing data as required by the City of Denton. a. Approved: 5-0 vote 3. Motion to combine three Action Items to state: Establish reasonable time period for operators to respond to City after receiving notice of violations from the City and clarify enforcement penalties for non compliance. a. Action Item Number 1: If a gas well does not meet City standards for location or other issues, what happens to well? b. Action Item Number 2: Establish reasonable time period for operators to respond to City after receiving notice of violations from the City. c. Action Item Number 3: Establish deadlines for correcting violations for different types of violations (depending on type, threat to public safety, seriousness, and threshold level). d. Approved: 5-0 vote Page 4 of 13 Exhibit 1 4. Motion to combine two Action Items to state: the City will investigate trigger mechanisms for compliance modifications. a. Action Item Number 1: Establish trigger mechanisms that require non- conforming gas wells to upgrade to conformance based upon current ordinance. These mechanisms may be based upon the types of changes made to a facility or by percentage. b. Action Item Number 2: Establish trigger mechanisms for requiring upgrades to existing conforming gas wells. c. Approved: 5-0 vote 5. Disclose inspection results to residents and public on City website either in list or on map; possibly establish a report card system. a. Approved: 5-0 vote 6. Require plan on how operator will respond to violation and the time period. a. Approved: 5-0 vote 7. From DAG Report - Take the recommendations of the Task Force and see if DDC Sections 35.1.10.4 and 35.22 could be revised to be specifically tailored as applicable to gas drilling and production. a. Approved: 5-0 vote 8. Revise code by inserting a paragraph that acknowledges Denton's appreciation of the benefits of gas production. a. Motioned to not consider the proposed Action Item at this time b. Approved: 5-0 vote 9. Delete the portion of the ordinance that state shall be screened by 8' high or other opaque decorative masonry wall. a. Motion to include with On-Site Requirements Focus Area b. Approved: 5-0 vote FOCUS AREA TOPIC 4 OTHER GAS DRILLING RELATED FACILITIES (2-20-12 meeting � 9 Items) 1. Encourage the City review the pipeline ordinances from The Town Flower Mound and Grand Prairie for applicability, to the City of Denton in regards to public health safety and welfare. a. Approved: 4-1 vote (AYE - JS, VO, TL, and EI � NAY - DB) 2. Require enhanced emergency preparation for City departments and coordination with pipeline companies, as well as emergency drills. a. Motion to move past the item b. Approved: 5-0 vote Page 5 of 13 Exhibit 1 3. Require GIS as built drawings for flow lines and gathering lines and others related to Gas Drilling Facilities that are permitted by the City. a. Failed: 2-3 vote (AYE - VO and TL � NAY - DB, JS, and EI) 4. Require soundproof enclosures for all compressor stations (later clarified to mean all compressors). a. Motion to postpone noise discussions until the On-Site Requirements Focus Area b. Approved: 5-0 vote 5. Restrict compressor stations to industrial and/or exclusively commercial zoning districts and require enhanced setbacks from residential districts. a. Action Number 1: Motion to move this Action Item to the On-Site Requirements Focus Area; failed without second b. Action Number 2: Motion to move past this proposed Action Item c. Action Number 2: Approved: 5-0 vote 6. Require reporting to the City on equipment testing and maintenance programs for these facilities. a. Action Number 1: Motion to include this Action Item with previously approved Action Items and not consider individually b. Action Number 1: Failed: 2-3 vote (AYE - VO and TL � NAY - DB, JS, and EI) c. Action Number 2: Motion to move past this proposed Action Item d. Action Number 2: Approved: 5-0 vote 7. Require BTEX units on all dehydration systems. a. Failed: 2-3 vote (AYE - VO and TL � NAY - DB, JS, and EI) 8. Review requirements in Flower Mound and other cities with enhanced requirements for compressor station locations. a. Motion to move past proposed Action Item b. Approved: 5-0 vote 9. Enhanced review of gas storage facilities. a. Motion to move past proposed Action Item b. Approved: 5-0 vote FOCUS AREA TOPIC 5 INSURANCE AND BONDING (2-27-12 meeting � 2 Items) 1. The amount of the security instrument (irrevocable letter of credit or payment bond) should be increased to $100,000 for a single well and $200,000 for multiple wells on the same pad site. a. Proposal credited to the DAG group b. Motion to postpone c. Approved: 5-0 vote Page 6 of 13 Exhibit 1 2. Require all items for discussion and vote must be presented and explained by a Task Force member. a. Approved: 5-0 vote FOCUS AREA TOPIC 6 PUBLIC INPUT PROCESS (2-27-12 meeting � 5 Items) 1. Require operators to meet with the public prior to the Planning and Zoning Commission meeting for any SUP applications. Require notification (via regular U.S. mail) to residents, property owners, and businesses within 1500 feet. a. Approved: 5-0 vote 2. Require notification to surrounding neighborhood of any re-fracing activities. Require notification via regular us mail to residents, property, owners, and businesses within 1500 ft. a. Failed: 2-3 vote (AYE - VO and TL � NAY - DB, JS, and EI) 3. Require operators to notify surrounding neighborhood for any new drilling activity or gas related facility, even if only requiring a gas drilling development plat or site plan. Require notification (via regular U.S. mail) to residents, property owners, and businesses within 1500 feet. a. Approved: 4-1 vote (AYE - DB, VO, TL, and EI � NAY - JS) 4. The City shall hold at least two public meetings, advertised in local media and paid for by the operator, for purposes of answering citizen questions prior to the solicitation of signatures on gas lease documents. a. Motioned to not take action on this item b. Approved: 5-0 vote 5. Request that City hold candid public meeting by senior City staff, council member, and/or mayor to outline for Denton citizens the positive benefits and negative problems experienced to date resulting from gas well operations in the City of Denton and the ET7. a. Motion that staff prepare an annual report summarizing Denton's gas drilling h i sto ry b. Approved: 5-0 vote FOCUS AREA TOPIC 7 LEASE PROCESS AND PROPERTY ACQUISITIONS (3-5-12 meeting � 1 Items) 1. No Action Items presented for this Focus Area. Page 7 of 13 Exhibit 1 FOCUS AREA TOPIC 8 ON-SITE REQUIREMENTS (3-5-12, 3-12-12, and 3-19-12 meetings � 13 Items) 1. Evaluate current gate and security requirements for gas drilling and production sites. a. Approved: 5-0 vote 2. Evaluate creating maximum levels for low frequency outdoor noise levels at building walls of protective uses, possibly at 65db, and equipment that would be needed and testing procedures. a. Approved: 3-2 vote (AYE - JS, VO, and TL � NAY - DB and EI) 3. Require an ambient noise study for every site and a noise mitigation plan demonstrating compliance with the study site, but allow for 3 dB nighttime exceedances and 5 dB daytime exceedances over ambient when measured 300 feet from the boundary of the gas well drilling or production site or 100 feet closer than the nearest receptor. a. Failed: 2-3 vote (AYE - VO and TL � NAY - DB, JS, and EI) 4. Evaluate requirements for a reclamation plan at the time of application and incorporate future requirements and identify the current condition. This action combined two proposed Action Items into one recommendation. a. Two Proposed Action Items: 1) Require a Surface Reclamation Plan for all gas drilling and productior sites. The Surface Reclamation Plan shall include: i. Proposed stages and projected timing of operations, including phasing of drilling and production operations, and phasing if more than one pad site on subject property; ii. The proposed stages of reclamation, including a reclamation plan illustrating and outlining the stages; iii. Elements in reference to the City of Fort Worth ordinance; and iv. The plan shall also reference all other site closure requirements at the State and Federal level. The State and Federal plans shall be provided to the City at each stage of reclamation. 2) When an Operator decides to abandon a gas well and associated facility, a Reclamation Plan must be approved by the proper authorities of the City of Denton. The Reclamation Plan must include all State and Federal requirements in effect at that time as well as specific additional requirements imposed by the City of Denton at that time to accommodate specific situations related to the well and facility to be abandoned. If a Salvage Company is owner of the facility at the time of abandonment, identical requirements remain in effect excepting that the required insurance coverage is reduced to $10 million. Any well casing remaining in place after abandonment shall be cut and removed to a depth of at least five feet below surface. b. Approved: 4-0 vote (DB absent) Page 8 of 13 Exhibit 1 5. Require screening at all gas well production sites, in accordance with DDC Section 35.13. This action combined three proposed Action Items into one recommendation. a. Three Proposed Action Items: 1) Require screening walls at all gas drilling and production sites in the City. 2) Require landscape screening buffers at all gas drilling and production sites. i. The landscape screening buffer of 30 feet shall be installed within 30 days of spudding of the first gas well or within 30 days of the gas-related facility being installed. There may be an exception to this time period if the plantings would occur during the extreme heat of summer months, and as determined by the Director of Planning. ii. The landscape screening buffer of 30 feet shall be a combination of evergreen and deciduous trees and bushes from the approved plant list. iii. The trees and bushes must be planted according to current landscaping standards in the Denton Development Code. Some of these screening requirements may be installed along the right-of-way of the pad site property instead of immediately around the pad site. The street buffer may be reduced to 10 feet. This determination will be done on a case-by-case basis, as deemed appropriate by the Director of Planning in evaluating current right-of-way conditions and site characteristics. 3) Remove the current Ordinance requirement that wellheads and related equipment be screened with an 8-foot opaque masonry wall and substitute the requirement that the facilities be enclosed with good quality rust protected chain link or metal stake fencing of 8- foot height that permits sight of the enclosed equipment. Such transparency is important for effective monitoring of activities inside the enclosed area. Landscape screening should not be permitted for the same reason as well as the fact that such landscape plantings will require significant water resources at a time of water conservation. In addition, the surface where such landscaping would be located is private property. b. Approved: 4-0 vote (DB absent) 6. The operator shall paint and maintain all production equipment at all times, including wellheads, pumping units, tanks, and buildings or structures. When requiring painting of such facilities, the director of planning and development services shall consider the deterioration of the quality of the material of which such facility or structure is constructed, the degree of rust, and its appearance. a. Motion to move past item b. Approved: 4-0 vote (DB absent) 7. Require operators to bring drilling and production sites up to current equipment and operational standards when re-fracturing a well. a. Motion to move past item b. Approved: 4-0 vote (DB absent) Page 9 of 13 Exhibit 1 8. Require operators to hire third-party companies to conduct baseline soil testing of gas drilling and production sites. If there are any spills or contamination on-site, require the operator to conduct follow-up soil testing at gas drilling and production sites and provide these test results to the City of Denton. The operator must provide post-drilling testing results as well after abandonment. a. Motion to move past item b. Approved: 4-1 vote (NAY - VO) 9. Require a maintenance plan for hatch seals of storage tanks. The plan must be provided to the City of Denton as well as yearly maintenance reports. a. Motion to consider hatch seal maintenance already included under previously approved Action Items, as applicable b. Failed: 2-3 vote (AYE - VO and TL � NAY - DB, JS, and EI) 10. Look into requirements to prevent pooling water and mud on driving surfaces on-site. a. Approved: 3-2 vote (AYE - JS, VO, and TL � NAY - DB and EI) 11. Review DDC Section 35.22.5.A.2.K to make sure it is adequate to keep mud and rocks off public roads and Rights-of-Way. a. Approved: 5-0 vote 12. Review and clarify the definition of a lightening arrestor system. a. Approved: 5-0 vote 13. As a policy recommendation to the City, review and discuss the appropriate location of the ET7 Division I/II boundary line both internally and with Denton County. a. Failed: 2-3 vote (AYE - VO and TL � NAY - DB, JS, and EI) FOCUS AREA TOPIC 9 CITY INFRASTRUCTURE (3-26-12 meeting � 4 Items) 1. Require review fee schedule and road damage remediation agreement, as appropriate. a. Approved: 4-0 vote (DB absent) 2. Review the City's Drought Plan and provide recommendations on gas drilling and production operators' water use during the different stages of the plan. a. Motion to move past item b. Approved: 4-0 vote (DB absent) Page 10 of 13 Exhibit 1 3. Request operators utilize surface waters from private lakes and ponds to the extent feasible for drilling and frac water especially during periods of Denton water-use restrictions. a. Motion to move past item b. Approved: 4-0 vote (DB absent) 4. Within the Gas Well Drilling and Production ordinances in Subchapter 22, the City should consider cross-referencing other City ordinances specific to other Departments' requirements that are outside that of the current Gas Well Drilling and Productions ordinances yet are germane to gas well permitting, drilling, operations, abandonment, etc. a. Approved: 4-0 vote (DB absent) FOCUS AREA TOPIC 10 SEISMIC TESTING (3-26-12 meeting � 2 Items) 1. Require an Oil and Gas Exploration Permit for seismic surveys. a. Motion to review the types of seismic surveys to promote the best available technologies and require a permit for impact based exploration. b. Approved: 4-0 vote (DB absent) 2. Request staff to provide hard copy to each DTF member of draft of the complete Drilling City Ordinance III prior to submission to City Council. Following a realistic period of time for DTF members to study the draft, schedule a DTF meeting to discuss. c. Task Force in consensus of this item and forwarded as a recommendation without vote Page 11 of 13 Exhibit 1 APPROVED ACTION ITEMS Air Quality 1. No electricity generation on-site 2. Vapor recovery units 3. Green completions 4. Best practices for gas drilling and production 5. Air monitoring as a compliance tool through a monitoring program 6. Reference other applicable local, state, and federal rules, laws, and regulations 7. Incorporate compliance timetables 8. Regulate compressor stations, collection stations, or tank farms in City 9. City staff is outfitted with necessary equipment to carry out Task Force goals and they are trained properly to utilize the equipment 10. Consider requiring operators to submit evidence of compliance with state and federal air permitting regulations, upon request Water 11. 12. 13. 14. 15. 16 Require closed-loop systems in the City and ETJ. No saltwater disposal wells allowed in the City or ETJ. Expand best management practice requirements to minimize sediment runoff. Use existing Action Item language for similar newly proposed actions. The City gas well inspector, or his representative, should be given joint inspection/enforcement jurisdiction over existing and future City water quality ordinances, that are under the purview of other City Departments or inspectors. Require operators to submit private water well testing results of those wells within a 1,500-foot radius for property owners who agree to the tests and that the costs shall be borne by operator and testing conducted by independent, certified third pa rty. 17. Require proximity maps to surface waters and surface drainage assessments with : 19. 20. 21. the emergency response plan. Require operators to provide verification that site personnel are trained in and in compliance with the submitted emergency response plan. Approve a well upgrade incentive program for drilling and production sites. Require water recycling technologies where applicable. Consider requiring operators to submit evidence of compliance with state and federal permitting regulations, upon request. Compliance/Inspection Follow-Up 22. Establish procedures and a timeline for bringing unpermitted/platted wells and related facilities into compliance based on legal review. 23. Operator shall provide testing data as required by the City of Denton. 24. Establish reasonable time period for operators to respond to City after receiving notice of violations from the City and clarify enforcement penalties for non compliance. 25. The City will investigate trigger mechanisms for compliance modifications. 26. Disclose inspection results to residents and public on City website either in list or on map; possibly establish a report card system. 27. Require plan on how operator will respond to violation and the time period. 28. Take the recommendations of the Task Force and see if DDC Sections 35.1.10.4 and 35.22 could be revised to be specifically tailored as applicable to gas drilling and production. Page 12 of 13 Exhibit 1 Other Gas Drilling Related Facilities 29. Encourage the City review the pipeline ordinances from The Town Flower Mound and Grand Prairie for applicability, to the City of Denton in regards to public health safety and welfare. 30. Require enhanced emergency preparation for City departments and coordination with pipeline companies, as well as emergency drills. Public Input Process 31. Require operators to meet with the public prior to the Planning and Zoning Commission meeting for any SUP applications. Require notification (via regular U.S. mail) to residents, property owners, and businesses within 1500 feet. 32. Require operators to notify surrounding neighborhood for any new drilling activity or gas related facility, even if only requiring a gas drilling development plat or site plan. Require notification (via regular U.S. mail) to residents, property owners, and businesses within 1500 feet. 33. Staff will prepare an annual report that summarizes the history of gas drilling in Denton. On-Site Requirements 34. Evaluate current gate and security requirements for gas drilling and production sites. 35. Evaluate creating maximum levels for low frequency outdoor noise levels at building walls of protective uses, possibly at 65db, and equipment that would be needed and testing procedures. 36. Evaluate requirements for a reclamation plan at the time of application and incorporate future requirements and identify the current condition. 37. Require screening at all gas well production sites, in accordance with DDC Section 35.13. 38. Look into requirements to prevent pooling water and mud on driving surfaces on- site. 39. Review DDC Section 35.22.5.A.2.K to make sure it is adequate to keep mud and rocks off public roads and Rights-of-Way. 40. Review and clarify the definition of a lightening arrestor system. City Infrastructure 41. Require review fee schedule and road damage remediation agreement, as appropriate. 42. Within the Gas Well Drilling and Production ordinances in Subchapter 22, the City should consider cross-referencing other City ordinances specific to other Departments' requirements that are outside that of the current Gas Well Drilling and Productions ordinances yet are germane to gas well permitting, drilling, operations, abandonment, etc. Seismic Testing 43. Review the types of seismic surveys to promote the best available technologies and require a permit for impact based exploration. 44. Request staff to provide hard copy to each DTF member of draft of the complete Drilling City Ordinance III prior to submission to City Council. Following a realistic period of time for DTF members to study the draft, schedule a DTF meeting to discuss. Page 13 of 13 2243655 ADIaNS RL CORP ... 52695 2243671 ATMOS PIPELINE-TEXAS 52696 2243671 ATMOS PIPELINE-TEXAS �� 52696 2243680 BEND PETROLEUM CORP �� 52699 2243680 BEND PETROLEUM CORP �� 52699 2244308 BFL,INC �� 52697 _ ..... ..... ..... . ...... 2244308 BFL INC 52697 _ ..... ..... ..... . ...... 2244308 BFL,INC 52698 _ ..... ..... ..... , ...... 2244308 BFL,INC 52698 _ ..... ..... ..... . ...... 2244308 BFL,INC 52698 2244308 BFL,INC �� 52698 2243727 BRADEN EXPLORATION, LLC �� 52700 2243727 BRADEN EXPLORATION, LLC 52700 2243735 BRAMMER PETROLEUM INC �� 52701 2243858 DARK HORSE OPERATING CO , LLC 53711 _ ..... ..... ..... . ...... 2243874 DEVON ENERGVPRODUCTION 52693 2243874 DEVON ENERGVPRODUCTION�� 52693 2243874 DEVON ENERGVPRODUCTION 52694 2243874 DEVON ENERGVPRODUCTION�� 52694 2243891 DUNE OPERATING COMPANV �� 52704 2243891 DUNE OPERATING COMPANV �� 52704 22439IX3 EAGLE OIL & GAS CO . 52705 2243911 EAGLERIDGEOPERATING LLC 52707 10/7/2011 _ ..... ..... ..... . ..... . ......... 2243911 EAGLERIDGEOPERATING LLC 52707 11/18/2011 _ ..... ..... ..... . ..... . ......... 2243920 ENCANA OIL & GAS INC 52708 10/7/2011 _ ..... ..... ..... , ..... . ......... 2243920 ENCANA OIL & GAS INC 52708 10/7/2011 _ ..... ..... ..... . ..... ......... 2243920 ENCANA OIL & GAS INC 52709 ; 10/7/2011 2243920 ENCANA OIL & GAS INC 52709 10/7/2011 _ ..... ..... _ _ ..... __...... 2243938 ENDEAVOR ENERGV RESOURCES 52710 10/7/2011 2243938 ENDEAVOR ENERGV RESOURCES 52710 10/7/2011 2244009 HEP OIL COMPANV 52715 10/7/2011 2244009 HEP OIL COMPANV 52715 ; 10/7/2011 _ ..... ..... ..... , ..... . ......... 2244017 HILLWOOD O& G OPERATING CO 52717 10/7/2011 _ ..... ..... ..... . ..... . ......... 2244017 HILLWOOD O& G OPERATING CO 52717 10/7/2011 2244017 HILLWOOD O& G OPERATING CO 52717 1/12/2012 2244017 HILLWOOD O& G OPERATING CO ; 52717 : 1/12/2012 19 106 6A5 WELLINSPEC�IONS 2011 BILLIN6 850.00 ..... ........ ,550.00 �� 870.00 ..... ........ 425.00 ..... ........ 290.00 ..... ........ � �� 580.00� 425.00 ��.�'.. 850 00 ... 425.00 2 8, 47 5.00 ..... ...... 24,070 00 .... ..... 1,700.00 ..... ...... 425.00 ..... ...... 15,72500 �� 290.00 ..... ...... :1 11 850.00 2 COD WEI15 �$425 EA _ _ 20116AS WELLINSPEC�ION FEES 2,550.00 6 COD WEI15 �$425 EA � 20116AS WELLINSPEC�ION FEES 870.00 3 ETJ-1 W ELLS �$290 EA �� 20116AS WELLINSPEC�ION FEES__ 425.00 1 COD WELL �$425 EA _ 20116AS WELLINSPEC�ION FEES 290.00 1 ETJ-1 W ELL @$290 EA �� 2011 6A5 WELLINSPEC(REVISED)�� 580.00 2 ETJ-1 W ELL �$290 EA �� 20116AS WELL INSPEC�ION FEES � 425.00 1 COD WELL �$425 EA _ 20116AS WELLINSPEC�ION FEES 2,030.00 7 ETJ-1 W ELLS �$290 EA �� 20116AS WELL INSPEC�ION FEES � 580.00 2 ETJ-1 W ELLS �$290 EA �� 20116AS WELL INSPEC�ION FEES � 425.00 850.00 1CODWELL�$425.00 SCRU665 20116AS WELL INSPEC�ION FEES � 28,475.00 67 COD W ELLS �$425 EA �� 20116AS WELLINSPEC�ION FEES 24,070.00 83 ETJ-1 WELLS �$290 EA � 20116AS WELLINSPEC�ION FEES__ 1,700.00 4 COD WELL �$425 EA 20116AS WELLINSPEC�ION FEES ._.. ..... __ 425.00 1 COD WELL �$425 EA 15,725.00 37 COD W ELLS �$425 EA ..... .._ ____ 20116AS WELLINSPEC�ION FEES ._.. ..... ____ 290.00 1 ET11 WELL@ $290.EA ...... 2,975.00 7-CODWELSTRANFERREDFROMTRIO 20116AS WELL INSPEC�ION FEES � �� 14,450.00 1,275.00 37 COD W ELLS �$425 EA �� _ 20116AS WELLINSPEC�ION FEES 1,160.00 4 ET1..1 W ELLS @$290 EA ...... 20116AS WELLINSPEC�ION FEES 7,225.00 17 COD W ELLS �$425 EA �� 20116AS WELLINSPEC�ION FEES __. _. 2,550.00 850.00 8 COD WEI15 �$425 EA 20116AS WELLINSPEC�ION FEES � 5,950.00 5,100.00 26 COD W ELLS �$425 EA �� 20116AS WELLINSPEC�ION FEES __. _. 580.00 - 2CODETJIWELLS�$290EA(RE-BILL) Exhibit 2 Page 1 of 3 2244033 JOINTRESOURCES 52718 2244033 JOINTRESOURCES �� 52718 2244295 KROCANENERGVCORP �� 52719 2244295 KROCANENERGVCORP �� 52719 _ ..... ..... ..... . ...... 22442ff7 LEGEND NATURAL GAS IV, LP 52720 22442ff7 LEGEND NATURAL GAS IV, LP 52720 2244287 LEGEND NATURAL GAS IV, LP �� 52721 2244287 LEGEND NATURAL GAS IV, LP �� 52721 2244105 PIONEER NATURAL RES USA, INC , 52724 2244210 TEJAS WESTERN CORP 52727 2260797 TELEO OPERATING,LLC 52728 2260797 TELEO OPERATING,LLC �� 52728 _ ..... ..... ..... . ...... 2244236 TRIOCONSULTING&MANAGEMENT : 52729 2244236 TRIOCONSULTING&MANAGEMENT 52729 2244236 TRIOCONSULTING&MANAGEMENT 52730 2244236 TRIOCONSULTING&MANAGEMENT 52730 2244236 TRIOCONSULTING&MANAGEMENT 52730 2244236 TRIOCONSULTING&MANAGEMENT 52730 2244244 VANTAGEFORTWORTHENERGV 52731 2244244 VANTAGEFORTWORTHENERGV 52731 2244244 VANTAGEFORTWORTHENERGV 52732 2244244 VANTAGEFORTWORTHENERGV 52732 2243997 WAVNE HARPER.. ..... 52713 _ ..... ..... ..... . ...... 2243997 WAVNE HARPER 52713 _ ..... ..... ..... , ...... 2243997 WAVNE HARPER 52714 _ ..... ..... ..... . ...... 2243997 WAVNE HARPER 52714 2244279 XTO ENERGV INC 52733 2244279 XTO ENERGV INC �� 52733 2244279 XTO ENERGV INC �� 52734 2244279 XTO ENERGV INC �� 52734 106 ! ... 1,275 00 106 ��'... ..... 425.00 1 11 425.00 850.00 350.00 1 11 850 00 870.00 850.00 6A5 WELLINSPEC�IONS 2011 BILLIN6 :1 11 20116AS WELLINSPEC�ION FEES 1,275.00 3 COD WEI15 �$425 EA � 20116AS WELLINSPEC�ION FEES 425.00 - 1CODWELL�$425EA �� 20116AS WELLINSPEC�ION FEES 9,775.00 1,700.00 27 COD W ELLS �$425 EA ..... .._ __ 20116AS WELLINSPEC�ION FEES 290.00 1 ETJ-1 WELL @$290 EA �� 4,060.00 RE-BILL 14 ET1-1 WELL @$290 EL 20116AS WELLINSPEC�ION FEES 290.00 1 ETJ-1 W ELL @$290 EA �� 20116AS WELLINSPEC�ION FEES 2,125.00 SCODWEIIS�$425EA � 20116AS WELLINSPEC�ION FEES 4,675.00 425.00 1,700.00 290.00 425.00 1 COD WELL �$425 EA 20116AS WELLINSPEC�ION FEES 850.002CODWEIIS�$425_EA __ 20116AS WELLINSPEC�ION FEES 5,100.00 4,250.00 22 COD W ELLS �$425 EA __ 425.00 RE-BILLICODWELL�$425.00EA 20116AS WELL INSPEC�ION FEES � 290.00 1 ETJ-1 W ELL @$290 EA �� 580.00 RE-BILL-2 ETJ-1 WELLS �$290 EA 20116AS WELL INSPEC�ION FEES � 7,650.00 18 COD W ELLS �$425 EA ..... .._ __ 20116AS WELLINSPEC�ION FEES 1,450.00 5 ETJ-1 W ELLS �$290 EA �� 20116AS WELL INSPEC�ION FEES � 850.002CODWEIIS�$425_EA __ 20116AS WELLINSPEC�ION FEES 870.00 3 ETJ-1 W ELLS �$290 EA �� 20116AS WELLINSPEC�ION FEES 850.00 2CODWEIIS�$425EA � 20116AS WELL INSPEC�ION FEES � 2,030.00 7 ETJ-1 W ELLS �$290 EA �� Page 2 of 3 6A5 WELLINSPEC�IONS 2011 BILLIN6 Page 3 of 3 2012 GPS WELLINSPECTION FEES �X� 1+✓ 1 l. .7 Gas Well Inspections Division 2011 Inspection Summary April - June* Number of Violations 0 Number of Inspections 590 * Well ID inspections only July & August Number of Violations 671 Number of Inspections 217 September Number of Violations 272 Number of Inspections 143 October Number of Violations 347 Number of Inspections 179 November Number of Violations 225 Number of Inspections 176 December Number of Violations 829 Number of Inspections 287 SUMMARY Total Violations 2344 Total Inspections 1592 1/23/2012 Exhibit 4 Page 1 of 8 900 800 700 600 500 400 300 200 100 C 2011 Inspection Summary April - June* July & August September October November December *Well ID inspections Number of Inspections Number of Violations Page 2 of 8 Overview Summary of Inspection Findings in City of Denton and ETJ Division I Gas Well Inspections (GWI) Division Activities 590 well identifying inspections to confirm status only, no compliance inspections - non-compliant signage - equipment not painted - unsecure equipment - tall weeds and grass - non-compliant secondary containment - unkempt site - unsecure site entry gates - access road/site repairs required - no level controllers on tanks - no drip pots - site repairs, e.g., tank leaks, worn seals, no safety equipment, thief hatch open/missing, worn/corroded equipment - no HAZMAT plan or MSDS sheets filed with City - no flow line markers installed on-site - require foam line repairs - soil contamination, clean-up required immediately (5 in COD � 2 in ETJ DI) - ponds require remediation, i.e., frac pond and liners not cleaned after use - no site access provided - no notification of work - pondsnotfenced - wells being plugged, plugging plan requested - unauthorized release 0 - total violations April to June 2011 Page 3 of 8 Overview Summary of Inspection Findings in City of Denton and ETJ Division I Gas Well Inspections (GWI) Division Activities 22 operators received a Notice of Violation (NOV) 217 total notices sent (some notices contained multiple violations, but were issued per inspection) 159 - non-compliant signage 104 - equipment not painted 83 - unsecure equipment 54 - tall weeds and grass 43 - non-compliant secondary containment 42 - unkempt site 38 - unsecure site entry gates 29 - access road/site repairs required 24 - no level controllers on tanks 23 - no drip pots 17 - site repairs, e.g., tank leaks, worn seals, no safety equipment, thief hatch open/missing, worn/corroded equipment 13 - no HAZMAT plan or MSDS sheets filed with City 8- no flow line markers installed on-site 8- require foam line repairs 7- soil contamination, clean-up required immediately (5 in COD � 2 in ETJ DI) 5- ponds require remediation, i.e., frac pond and liners not cleaned after use 4- no site access provided 4- no notification of work 3 - ponds not fenced 2- wells being plugged, plugging plan requested 1 - unauthorized release 671 - total violations July and August 2011 Page 4 of 8 Overview Summary of Inspection Findings in City of Denton and ETJ Division I Gas Well Inspections (GWI) Division Activities 14 operators received a Notice of Violation (NOV) 143 total notices sent (some notices contained multiple violations, but were issued per inspection) 44 - non-compliant signage 33 - equipment not painted 18 - unsecure equipment 45 - tall weeds and grass 8 - non-compliant secondary containment 6 - unkempt site 18 - unsecure site entry gates 35 - access road/site repairs required 15 - no level controllers on tanks 5 - no drip pots 12 - site repairs, e.g., tank leaks, worn seals, no safety equipment, thief hatch open/missing, worn/corroded equipment 2- no HAZMAT plan or MSDS sheets filed with City 16 - no flow line markers installed on-site 2- require foam line repairs 3- soil contamination, clean-up required immediately (5 in COD � 2 in ETJ DI) 2- ponds require remediation, i.e., frac pond and liners not cleaned after use 0- no site access provided 3- no notification of work 4 - ponds not fenced 0- wells being plugged, plugging plan requested 1 - unauthorized release 272 - total violations September 2011 Page 5 of 8 Overview Summary of Inspection Findings in City of Denton and ETJ Division I Gas Well Inspections (GWI) Division Activities 14 operators received a Notice of Violation (NOV) 179 total notices sent (some notices contained multiple violations, but were issued per inspection) 50 - non-compliant signage 27 - equipment not painted 23 - unsecure equipment 75 - tall weeds and grass 12 - non-compliant secondary containment 8 - unkempt site 21 - unsecure site entry gates 44 - access road/site repairs required 34 - no level controllers on tanks 9 - no drip pots 8- site repairs, e.g., tank leaks, worn seals, no safety equipment, thief hatch open/missing, worn/corroded equipment 6- no HAZMAT plan or MSDS sheets filed with City 8- no flow line markers installed on-site 3- require foam line repairs 4- soil contamination, clean-up required immediately (5 in COD � 2 in ETJ DI) 3- ponds require remediation, i.e., frac pond and liners not cleaned after use 0- no site access provided 5- no notification of work 4 - ponds not fenced 2- wells being plugged, plugging plan requested 1 - unauthorized release 347 - total violations October 2011 Page 6 of 8 Overview Summary of Inspection Findings in City of Denton and ETJ Division I Gas Well Inspections (GWI) Division Activities 15 operators received a Notice of Violation (NOV) 176 total notices sent (some notices contained multiple violations, but were issued per inspection) 32 - non-compliant signage 15 - equipment not painted 11 - unsecure equipment 44 - tall weeds and grass 10 - non-compliant secondary containment 8 - unkempt site 7- unsecure site entry gates 23 - access road/site repairs required 20 - no level controllers on tanks 9 - no drip pots 15 - site repairs, e.g., tank leaks, worn seals, no safety equipment, thief hatch open/missing, worn/corroded equipment 15 - no HAZMAT plan or MSDS sheets filed with City 5- no flow line markers installed on-site 1- require foam line repairs 2- soil contamination, clean-up required immediately (5 in COD � 2 in ETJ DI) 2- ponds require remediation, i.e., frac pond and liners not cleaned after use 0- no site access provided 3- no notification of work 2 - ponds not fenced 0- wells being plugged, plugging plan requested 1 - unauthorized release 225 - total violations November 2011 Page 7 of 8 15 - operators that received inspection report 287 - site inspections completed SIGNAGE: 14 Reflective lettering or proper lighting 4 LETTERS: 2" 4 Operating Company Name 4 Site Address - 20 Well Name 4 RRC Permit and Well API Numbers 27 Emergency 911 Number 87 Company 24-hour Contact Phone Number 14 "DANGER NO SMOKING ALLOWED" (4" Letters) 4 STREETS: Streets free of dirt and debris from site operations 7 ROW appears to be in good condition and not damaged 37 FENCI NG: Secure and locked gate 30 8 foot masonry wall installed, if required 0 Security fencing or 24-hour on-site supervision 17 EQ UI PMENT: Painted and maintained 87 Layout as specified per permit, site plan, or plat 0 Permanent equipment less than 8 feet in height, as applicable 9 ELECTRICAL LINES: Safe distance from site and equipment 0 Located compatible to surrounding areas or subdivision 0 PIPELINES: Adequate markers for indentified locations 7 PITS: (Where applicableJ Liner(sJ & fencing in place 0 Liner(sJ free of punctures or other damage 1 MISCELLANEOUS: Erosion control in place 134 Secondary containment in place - Steel or Concrete with liner 10 Drip pots at all disconnect points 30 Accessible emergency shut-off valves 0 MSDS sheets stored on site, as required 0 HAZMAT Management Plans on file with City 0 Storage tanks equipped with a level controller 60 Lightening arrestor system installed as required 84 Site lighting does not affect adjacent properties or ROW 0 Property free of trash, debris, weeds/brush, pools of liquid 134 Odors, fumes, dust, noise, and vibration controlled or mitigated 0 Total s29 1- Citation issued December 2011 Page 8 of 8 11 - operators that recieved inspection report Response Codes 296 - site inspections completed 1= low, 2= normal, 3= immediate Violation Description Code COD ETJ ` Total Street or ROW: not free of dirt and debris from site operations - COD 3 19 Street or ROW: does not appear to be in good condition and not damaged - COC 3 1 Sign: not posted at entry - COD/ ET! 2 31 Sign: no reflective lettering or proper lighting - COD 1 Sign: 2" letters not installed 1 Sign: operating company name not listed - COD/ ET! Z Sign: site address not listed - COD 2 118 Sign: well name not listed - COD/ ET! Z Sign: RRC production number(5J and API number(5J not listed- COD Z Z Sign: Emergency 911 is not posted - COD Z 4 Sign: company 24-hour contact phone number not posted- COD/ ET! Z Sign: "DANGER NO SMOKING ALLOWED" (4" �etters) not posted - COD Z Sign: H25 not posted - COD Z Fence: no secure and locked gate - COD Z 17 Fence: 8 foot masonry wall not installed, if required Z Fence: no security fencing in place or 24-hour on-site supervision - COD Z 4 Site: trees being removed - COD/ET! 3 Site: lighting does affect adjacent properties or ROW - COD Z Site: not free of trash, debris, weeds/brush, pools of liquid - COD/ET! Z 44 Site: odors, fumes, dust, noise, and vibration are not controlled or mitigated - COD 3 Site: unauthozised discharge of a subastance present - COD/ ET! 3 Site: gas vented near a residential area - COD 3 Site: in an ESA or flood way - COD/ET! Z Site: erosion control not in place, rock coverage not adequate - COD /ET! Z 49 Site: not on less than a 10 percent slope - COD/ET! Z Set backs: requirements are not meet from the site boundary- COD 1 Equipment: not painted and maintained - COD 3 Z9 Equipment: layout is not as specified per permit, site plan, or plat - COD / ET! Z 1 Equipment: not less than 8 feet in height - COD 1 Equipment: automated emergency valve not present - COD/ET! 3 Equipment: emergency shut in valve not present between wellhead and flow line - COD/ET! 3 Equipment: heater present on site - COD 1 Equipment: compressor present on site - COD/ ET! 1 Equipment: internal combustion compressor installed - COD 1 Equipment: lightening arrestor system are not installed - COD/ET! 1 1 Equipment: foam line connection no tistalled and flow lines not located - COD/ET! Z Tank Battery: tank(sJ are not equipped with a level control device - COD/ET! 2 14 Tank Battery: tank(sJ are not anchored for stability - COD/ET! Z Tank battery: drip pot(sJ are not at all disconnect points - COD/ET! Z Secondary Containment: not in place with Steel or Concrete with liner - COD/ET! Z 3 Secondary Containment: does not have adequate capapcity - COD/ET! 3 Electrical Lines: not a safe distance from site and equipment - COD 3 Electrical Lines: not located compatible to surrounding areas or subdivision - COD 1 Flow & Gatheirng Lines: not adequate markers located where line crosses street or road - COD 1 Flow or Gathering Lines: flow lines running in a right-of-way - COD 3 Structures: structures are built above a flow or gathering line - COD 3 Drilling Mud: not a freshwater-based system - COD/ET! 3 Drilling: mufflers are not present on internal combustion engines on drilling site - COD 3 Drilling: not platted and/ or permitted- COD/ET! Z Pits: located within 200' of water way lined - COD/ET! 3 Pits: not fenced and secure - COD/ ET! 3 Pit Liner(s): punctures or other damage exist - COD/ET! 3 Pit: substances in reserve higher than allowed - COD/ET! 3 Exhibit 5 0 - Citations January 2012 Page 1 of 2 11 - operators that recieved inspection report Response Codes 0- Citations 296 - site inspections completed 1= low, 2= normal, 3= immediate January 2012 Page 2 of 2 17 - operators that recieved inspection report Response Codes 224 - site inspections completed 1= low, 2= normal, 3= immediate Violation Description COde COD ETJ ` Total Street or ROW: not free of dirt and debris from site operations - COD 3 0 0 0 Street or ROW: does not appear to be in good condition and not damaged - COD 3 32 7 39 Sign: not posted at entry - COD/ ET! 2 8 9 1� Sign: no reflective lettering or proper lighting - COD ], 0 0 0 Sign: 2" letters not installed ], 0 0 0 Sign: operating company name not listed - COD/ ET! 2 0 0 0 Sign: site address not listed - COD 2 0 12 12 Sign: well name not listed - COD/ ET! 2 0 3 3 Sign: RRC production number(5) and API number(5) not listed- COD 2 0 6 6 Sign: Emergency 911 is not posted - COD 2 3 6 9 Sign: company 24-hour contact phone number not posted- COD/ ET! 2 5 0 5 Sign: "DANGER NO SMOKING ALLOWED" (4" �etters) not posted - COD 2 2 2 4 Sign: H25 not posted - COD 2 0 0 0 Fence: no secure and locked gate - COD 2 ZD 8 Z8 Fence: 8 foot masonry wall not installed, if required 2 0 0 0 Fence: no security fencing in place or 24-hour on-site supervision - COD 2 15 6 21 Site: trees being removed - COD/ET! 3 0 0 0 Site: lighting does affect adjacent properties or ROW - COD 2 Z 0 Z Site: not free of trash, debris, weeds/brush, pools of liquid - COD/ET! 2 29 33 62 Site: odors, fumes, dust, noise, and vibration are not controlled or mitigated - COD 3 0 0 0 Site: unauthozised discharge of a subastance present - COD/ ET! 3 3 0 3 Site: gas vented near a residential area - COD 3 0 0 0 Site: in an ESA or flood way - COD/ET! 2 0 0 0 Site: erosion control not in place, rock coverage not adequate - COD /ET! 2 33 17 50 Site: not on less than a 10 percent slope - COD/ET! 2 0 0 0 Set backs: requirements are not meet from the site boundary- COD ], 0 0 0 Equipment: not painted and maintained - COD 3 z4 18 4z Equipment: layout is not as specified per permit, site plan, or plat - COD / ET! 2 0 0 0 Equipment: not less than 8 feet in height - COD ], 0 0 0 Equipment: automated emergency valve not present - COD/ET! 3 0 0 0 Equipment: emergency shut in valve not present between wellhead and flow line - COD/ET! 3 4 10 14 Equipment: heater present on site - COD ], 0 0 0 Equipment: compressor present on site - COD/ ET! ], 0 0 0 Equipment: internal combustion compressor installed - COD ], 0 0 0 Equipment: lightening arrestor system are not installed - COD/ET! ]. 6 14 20 Equipment: foam line connection no tistalled and flow lines not located - COD/ET! 2 0 0 0 Tank Battery: tank(sJ are not equipped with a level control device - COD/ET! 2 9 5 14 Tank Battery: tank(sJ are not anchored for stability - COD/ET! 2 0 0 0 Tank battery: drip pot(sJ are not at all disconnect points - COD/ET! 2 8 8 16 Secondary Containment: not in place with Steel or Concrete with liner - COD/ET! 2 7 10 17 Secondary Containment: does not have adequate capapcity - COD/ET! 3 3 12 15 Electrical Lines: not a safe distance from site and equipment - COD 3 0 0 0 Electrical Lines: not located compatible to surrounding areas or subdivision - COD ]. 0 0 0 Flow & Gatheirng Lines: not adequate markers located where line crosses street or road - COD 1 Z 3 5 Flow or Gathering Lines: flow lines running in a right-of-way - COD 3 Z 0 Z Structures: structures are built above a flow or gathering line - COD 3 0 0 0 Drilling Mud: not a freshwater-based system - COD/ET! 3 0 0 0 Drilling: mufflers are not present on internal combustion engines on drilling site - COD 3 0 0 0 Drilling: not platted and/ or permitted- COD/ET! 2 0 0 0 Pits: located within 200' of water way lined - COD/ET! 3 0 0 0 Pits: not fenced and secure - COD/ ET! 3 Z Z 4 Pit Liner(s): punctures or other damage exist - COD/ET! 3 0 Z Z Exhibit 6 6 - Citations February 2012 Page 1 of 2 17 - operators that recieved inspection report Response Codes 224 - site inspections completed 1= low, 2= normal, 3= immediate 6 - Citations February 2012 Page 2 of 2 21 - operators that recieved inspection report Response Codes 331 - site inspections completed 1= low, 2= normal, 3= immediate Violation Description COde COD ETJ ` Total Street or ROW: not free of dirt and debris from site operations - COD 3 0 0 0 Street or ROW: does not appear to be in good condition and not damaged - COD 3 40 10 50 Sign: not posted at entry - COD/ ET! 2 10 15 25 Sign: no reflective lettering or proper lighting - COD ], 0 0 0 Sign: 2" letters not installed ], 0 0 0 Sign: operating company name not listed - COD/ ET! 2 0 0 0 Sign: site address not listed - COD 2 2 8 10 Sign: well name not listed - COD/ ET! 2 Z 0 Z Sign: RRC production number(5J and API number(5J not listed- COD 2 Z 4 6 Sign: Emergency 911 is not posted - COD 2 Z 4 6 Sign: company 24-hour contact phone number not posted- COD/ ET! 2 Z 0 Z Sign: "DANGER NO SMOKING ALLOWED" (4" �etters) not posted - COD 2 2 2 4 Sign: H25 not posted - COD 2 Z 0 Z Fence: no secure and locked gate - COD 2 16 12 28 Fence: 8 foot masonry wall not installed, if required 2 0 0 0 Fence: no security fencing in place or 24-hour on-site supervision - COD 2 10 3 13 Site: trees being removed - COD/ET! 3 0 0 0 Site: lighting does affect adjacent properties or ROW - COD 2 0 0 0 Site: not free of trash, debris, weeds/brush, pools of liquid - COD/ET! 2 40 24 64 Site: odors, fumes, dust, noise, and vibration are not controlled or mitigated - COD 3 0 0 0 Site: unauthozised discharge of a subastance present - COD/ ET! 3 0 0 0 Site: gas vented near a residential area - COD 3 0 0 0 Site: in an ESA or flood way - COD/ET! 2 0 0 0 Site: erosion control not in place, rock coverage not adequate - COD /ET! 2 40 14 54 Site: not on less than a 10 percent slope - COD/ET! 2 0 0 0 Set backs: requirements are not meet from the site boundary- COD ], 0 0 0 Equipment: not painted and maintained - COD 3 28 13 41 Equipment: layout is not as specified per permit, site plan, or plat - COD / ET! 2 0 0 0 Equipment: not less than 8 feet in height - COD ], 0 0 0 Equipment: automated emergency valve not present - COD/ET! 3 0 0 0 Equipment: emergency shut in valve not present between wellhead and flow line - COD/ET! 3 6 6 12 Equipment: heater present on site - COD ], 0 0 0 Equipment: compressor present on site - COD/ ET! ], 0 0 0 Equipment: internal combustion compressor installed - COD ], 0 0 0 Equipment: lightening arrestor system are not installed - COD/ET! ], 12 16 28 Equipment: foam line connection no tistalled and flow lines not located - COD/ET! 2 0 0 0 Tank Battery: tank(sJ are not equipped with a level control device - COD/ET! 2 8 8 16 Tank Battery: tank(sJ are not anchored for stability - COD/ET! 2 0 0 0 Tank battery: drip pot(sJ are not at all disconnect points - COD/ET! 2 6 6 12 Secondary Containment: not in place with Steel or Concrete with liner - COD/ET! 2 9 12 21 Secondary Containment: does not have adequate capapcity - COD/ET! 3 4 10 14 Electrical Lines: not a safe distance from site and equipment - COD 3 0 0 0 Electrical Lines: not located compatible to surrounding areas or subdivision - COD ]. 0 0 0 Flow & Gatheirng Lines: not adequate markers located where line crosses street or road - COD 1 0 4 4 Flow or Gathering Lines: flow lines running in a right-of-way - COD 3 0 0 0 Structures: structures are built above a flow or gathering line - COD 3 0 0 0 Drilling Mud: not a freshwater-based system - COD/ET! 3 0 0 0 Drilling: mufflers are not present on internal combustion engines on drilling site - COD 3 0 0 0 Drilling: not platted and/ or permitted- COD/ET! 2 0 0 0 Pits: located within 200' of water way lined - COD/ET! 3 0 0 0 Pits: not fenced and secure - COD/ ET! 3 0 1 1 Pit Liner(s): punctures or other damage exist - COD/ET! 3 0 0 0 EXhlblt 7 1 - Citation March 2012 Page 1 of 2 21 - operators that recieved inspection report Response Codes 331 - site inspections completed 1= low, 2= normal, 3= immediate 1 - Citation March 2012 Page 2 of 2 21 - operators that recieved inspection report Response Codes 299 - site inspections completed 1= low, 2= normal, 3= immediate Violation Description COde COD ETJ ` Total Street or ROW: not free of dirt and debris from site operations - COD 3 0 0 0 Street or ROW: does not appear to be in good condition and not damaged - COD 3 17 0 17 Sign: not posted at entry - COD/ ET! 2 Z Z 4 Sign: no reflective lettering or proper lighting - COD 1 Z Z 4 Sign: 2" letters not installed ], 0 5 5 Sign: operating company name not listed - COD/ ET! 2 0 0 0 Sign: site address not listed - COD 2 0 8 8 Sign: well name not listed - COD/ ET! 2 0 0 0 Sign: RRC production number(5J and API number(5J not listed- COD 2 0 12 12 Sign: Emergency 911 is not posted - COD 2 0 4 4 Sign: company 24-hour contact phone number not posted- COD/ ET! 2 0 0 0 Sign: "DANGER NO SMOKING ALLOWED" (4" �etters) not posted - COD 2 0 5 5 Sign: H25 not posted - COD 2 0 0 0 Fence: no secure and locked gate - COD 2 6 6 12 Fence: 8 foot masonry wall not installed, if required 2 0 0 0 Fence: no security fencing in place or 24-hour on-site supervision - COD 2 0 4 4 Site: trees being removed - COD/ET! 3 0 0 0 Site: lighting does affect adjacent properties or ROW - COD 2 0 0 0 Site: not free of trash, debris, weeds/brush, pools of liquid - COD/ET! 2 11 15 26 Site: odors, fumes, dust, noise, and vibration are not controlled or mitigated - COD 3 1 0 1 Site: unauthozised discharge of a subastance present - COD/ ET! 3 1 1 2 Site: gas vented near a residential area - COD 3 0 0 0 Site: in an ESA or flood way - COD/ET! 2 0 0 0 Site: erosion control not in place, rock coverage not adequate - COD /ET! 2 13 10 23 Site: not on less than a 10 percent slope - COD/ET! 2 Z 0 Z Set backs: requirements are not meet from the site boundary- COD ], 0 0 0 Equipment: not painted and maintained - COD 3 14 8 ZZ Equipment: layout is not as specified per permit, site plan, or plat - COD / ET! 2 0 0 0 Equipment: not less than 8 feet in height - COD ], 0 0 0 Equipment: automated emergency valve not present - COD/ET! 3 16 6 22 Equipment: emergency shut in valve not present between wellhead and flow line - COD/ET! 3 3 6 9 Equipment: heater present on site - COD ], 3 7 10 Equipment: compressor present on site - COD/ ET! ], 11 5 16 Equipment: internal combustion compressor installed - COD ], 6 0 6 Equipment: lightening arrestor system are not installed - COD/ET! ]. 6 8 14 Equipment: foam line connection no tistalled and flow lines not located - COD/ET! 2 0 0 0 Tank Battery: tank(sJ are not equipped with a level control device - COD/ET! 2 6 12 18 Tank Battery: tank(sJ are not anchored for stability - COD/ET! 2 Z 0 Z Tank battery: drip pot(sJ are not at all disconnect points - COD/ET! 2 7 4 11 Secondary Containment: not in place with Steel or Concrete with liner - COD/ET! 2 0 12 12 Secondary Containment: does not have adequate capapcity - COD/ET! 3 4 8 1z Electrical Lines: not a safe distance from site and equipment - COD 3 0 0 0 Electrical Lines: not located compatible to surrounding areas or subdivision - COD 1 Z 0 Z Flow & Gatheirng Lines: not adequate markers located where line crosses street or road - COD 1 0 0 0 Flow or Gathering Lines: flow lines running in a right-of-way - COD 3 0 0 0 Structures: structures are built above a flow or gathering line - COD 3 0 0 0 Drilling Mud: not a freshwater-based system - COD/ET! 3 0 0 0 Drilling: mufflers are not present on internal combustion engines on drilling site - COD 3 0 0 0 Drilling: not platted and/ or permitted- COD/ET! 2 0 0 0 Pits: located within 200' of water way lined - COD/ET! 3 0 0 0 Pits: not fenced and secure - COD/ ET! 3 0 0 0 Pit Liner(s): punctures or other damage exist - COD/ET! 3 0 0 0 Exhibit 8 1 - Citation April 2012 Page 1 of 2 21 - operators that recieved inspection report Response Codes 299 - site inspections completed 1= low, 2= normal, 3= immediate 1 - Citation April 2012 Page 2 of 2 � � � � V L 0 L�L � N � — — a� � � c� � � i 0 � � a� 0 � 0 0 0 � N �--I N � � � � � � i 0 — .N > ._ 0 � � 0 — V a� � � � — — a� � � c� � a�.�o s� a s� sa ua o� n u � aa . 2 Wate r 11 0 Other Gas Dri I I i n Related � Faci I ities 2 7 Lease Process a nd Pro ert p Y Ac u isitions q C�� 9 Cit I nf rastructu re 2 y � � ■� � � � � O ■� � ■� � � au� n uo�s��a . .. � � ■� � � ■� � � � � ■� � O L � � � � O ■� � � � � � � � � � � � � � � � � � � � O ■� � ■� � ■� � � O ■� � � � � � � � � � � � � suo� �a su �n u u . suo� �a su �n u u . suo� �a su a�u�� uao . . �u� ��.� uo� �adsu /C uo - .�i 1 .� I I�I� W Z � OZ ua n �.� o�.� o . ua n �.� o�.� o . au � aua � a�ua �xo.� . . . � �n.� a a�u � .