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0313og.txt 1 1 2 3 4 5 6 7 ************************* TOWN OF FLOWER MOUND 8 OIL AND GAS BOARD OF APPEALS MARCH 12, 2008 9 ************************* 10 11 12 13 14 15 16 17 18 19 20 MEETING OF THE TOWN OF FLOWER MOUND OIL AND 21 GAS BOARD OF APPEALS, taken on the 12th day of March, 2008, 22 from 7:00 p.m. to 11:54 p.m., at the Town Hall, 2121 Cross 23 Timbers Road, Flower Mound, Texas, and transcribed from 24 videotape by Sherry Patterson, CSR in and for the State of 25 Texas, as follows: CREWS CERTIFIED REPORTING (214) 320-9911 2 Page 1 0313og.txt 1 P R O C E E D I N G S 2 CHAIR MURPHY: Welcome to the Town of Flower 3 Mound Oil and Gas Appeals Board meeting for March the 12th, 4 2008. I'm Tina Murphy, the Chair. And I just want to go over 5 again -- we've got a wonderful crowd, and we very rarely have 6 any more than ten people here at a time, so this is exciting; 7 and I'm glad to see so much participation and interest. After 8 we do the Pledge of Allegiance and take care of some other 9 details, we'll give you what's going on for this evening; so 10 let's stand for the Pledge of Allegiance. 11 (The Pledge was recited.) 12 CHAIR MURPHY: The next item on the agenda is 13 the citizen's participation; but before we go into that, I 14 want to make something very clear. If it has nothing to do 15 with the cases presented tonight, you may speak; and we're 16 going to limit it for two minutes, not three, because we want 17 to give as much time possible to the Applicants. 18 And so that you know what the cases are for tonight, 19 I'm going to read them to you. The first one is going to be 20 holding a public hearing to consider a request from Braden 21 Exploration, LLC, for a variance from Section 34-402 K and N 22 under Oil and Gas Well Permit Required, Section 34-422 D under 23 Oil and Gas Well Permit, and Section 34-427 A35 under 24 Technical Requirements. 25 The request is to decrease floodplain, CREWS CERTIFIED REPORTING (214) 320-9911 3 1 environment -- environmentally sensitive area, residence, Page 2 0313og.txt 2 building used or designed and intended to be used for human 3 occupancy, property line, road right-of-way, tank battery and 4 storage tank setbacks for one natural gas drilling pad site 5 permit known as the Armstrong Huggins with 1H and 2H wells. 6 The property involved is generally located east of Winding 7 Oaks Lane, north of Grapevine Lake and south of Cross Timbers 8 Road FM 1171 and west of Post Oak Road. That's the first 9 case. 10 The second case will be a public hearing to consider 11 a request from Red Oak Gas Operating, LP for a variance from 12 Section 34-420 K and N under Oil and Gas Well Permit Required, 13 Section 34-422 D under Oil and Gas Well Permit, and Section 14 34-427 A35 under Technical Requirements. This request is to 15 decrease the floodplain, environmentally sensitive area, 16 public park, residence property line, tank battery and storage 17 tank setback requirements for one natural gas well permit 18 known as the McDowell Number 1H. 19 The property involved is generally located east of 20 FM 2499 Long Prairie Road, north of Euclid Avenue and west of 21 Morris Road and south of Timber Creek Trail. Those are the 22 two cases that we will be reviewing tonight at the Oil and Gas 23 Appeals Board. I have before me some comment cards or 24 requests to speak. And what I'm going to do is I'm going to 25 bring these out and let you speak on them. I will identify CREWS CERTIFIED REPORTING (214) 320-9911 4 1 the name, the address and read the request. 2 Is that okay, Counselor? Is that the way I do this? 3 MR. LATHROM: Madame Chair, that is correct. Page 3 0313og.txt 4 CHAIR MURPHY: Okay, thank you. I do want, 5 like I said, to limit this as much as possible because we want 6 to get to the cases tonight; and I do not see any reason for 7 us to go into the wee hours of the morning. I just think it's 8 disrespectful to everyone involved. If we have to, we'll 9 continue at another day. Okay. Citizen participation, first 10 of all, I have Harold Garner, 4100 Post Oak Road in Flower 11 Mound. As a long time member of Flower Mound, a stakeholder 12 in the -- 13 MR. LATHROM: Madame Chair, you don't -- you 14 can just let the App -- 15 CHAIR MURPHY: Very good. 16 MR. LATHROM: -- the people that filled out the 17 forms come up and -- 18 CHAIR MURPHY: Thank you. 19 MR. LATHROM: -- have their say. 20 CHAIR MURPHY: Make sure you do state your 21 name again and your address. 22 MR. GARNER: My name is Harold Garner. I live 23 at 4100 Post Oak Road in Flower Mound. So I actually want to 24 thank you again for this opportunity to speak. I've spoke 25 with you before at these occasions. And I also want to say CREWS CERTIFIED REPORTING (214) 320-9911 5 1 that I represent a fairly substantial number of stakeholders 2 and land owners in the area. If you would please rise, or 3 just show yourself here. 4 And I -- we're going to speak with a single voice to 5 help move these proceedings forward. And so what I want to Page 4 0313og.txt 6 say is that we're a very diverse group of retirees, single 7 mothers, small business owners, professionals with a variety 8 of backgrounds and things like that. And perhaps one of the 9 reasons I was chosen to speak is that my background is I have 10 a bachelor's degree in nuclear engineering, a Ph.D. in 11 physics. But currently I'm a professor of internal medicine 12 and biochemistry at UT Southwestern Medical Center, which is 13 Parkland Hospital if you don't know it, where I really conduct 14 research in cancer, heart disease and biodefense. 15 And so we've discussed this a lot and brought many 16 different viewpoints into this, and I just want to say that 17 we've concluded that we really support this for a number of 18 reasons. There's tremendous national and local benefit to 19 this -- 20 CHAIR MURPHY: I'm -- wait a minute. I'm 21 sorry, Mr. Garner. What are we supporting? 22 MR. GARNER: Oh, supporting the actual 23 variance for -- 24 CHAIR MURPHY: It's not time for that. This 25 is -- this is something that you want to speak in citizen CREWS CERTIFIED REPORTING (214) 320-9911 6 1 participation that has nothing to do with either one of the 2 cases before us. 3 MR. GARNER: I'm sorry, ma'am. 4 CHAIR MURPHY: That's okay, Mr. Garner. And 5 I'll probably hear from you tonight later on, but that will be 6 another time. This has nothing to do with either one of these 7 cases. Page 5 0313og.txt 8 MR. GARNER: Okay. I'm sorry. 9 CHAIR MURPHY: Thank you, Mr. Garner. 10 MR. GARNER: We'll start again, but I -- 11 CHAIR MURPHY: No, I appreciate it and -- 12 (Inaudible due to multiple speakers.) 13 CHAIR MURPHY: -- and we'll get back to that 14 one. Eric Parsam [phonetic] -- 15 (Inaudible speaker from audience.) 16 CHAIR MURPHY: Okay. Yeah, this has nothing 17 to do with the two cases we have tonight. That's why I read 18 them, so you would know what we are not speaking on right now. 19 Tammy -- 20 MR. LATHROM: For clarification, if I may, 21 Madame Chair, for the audience's benefit. You will have an 22 opportunity to speak during the case. If you're here to speak 23 on -- if you're here regarding either one of the cases that 24 are coming up before the Oil and Gas Board of Appeals this 25 evening, there is a time frame during the public hearing CREWS CERTIFIED REPORTING (214) 320-9911 7 1 process for each individual case that you will be allowed to 2 speak regarding that particular case. That's why we try and 3 make sure that we consolidate or just -- or limit those 4 comments to those particular cases so that when we go back we 5 have a clear record regarding who spoke regarding -- involving 6 a particular case in the event there was some kind of a 7 challenge to the determination that's rendered by the Oil and 8 Gas Board of Appeals. 9 CHAIR MURPHY: So as I continue to read the Page 6 0313og.txt 10 names, if you are going to be speaking on behalf of either 11 case, just say "later;" and I'll know, unless you have 12 something else you want to talk about as far as citizen 13 participation that does not refer to either one of the cases. 14 Tammy Anderson. Okay. Paul Huggins.

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