Newcastle City Council members have been trying for years to balance out the interests of oil and gas drilling and the interests of residents who live near oil and gas sites.
They’ve known that the number one problem is the amount of sound that emanates from well sites, especially during the fracking and drilling phases.
On Monday, April 10, 30 people packed into the City Council chambers during a meeting to discuss what one local resident calls the “Frack Monster,” and the needs of the oil and gas industry while drilling in Newcastle City limits. The council discussed a change in a city ordinance which would have stipulated 24-foot sound walls and 24/7 sound monitoring, and a citation that had been given to Charter Oak Production Company, LLC, for exceeding the existing sound ordinance.
While the council tabled the change in ordinance, they did hear from several residents including Patricia Schuringa, Dr. Sherry Marchum and Carl Franken, who said they have been impacted by the sounds coming from sites near their residences.
Schuringa brought a recording made in her backyard of the “Frack Monster” and played it for the council to hear. She said it sounds like a helicopter and goes all night long. She also said she hasn’t had any rest for three weeks and she is mentally down from the ordeal.
Schuringa said she uses blankets in the windows of her house to help block out the noise.
“That thing is loud,” Schuringa said. “To say that this is under 75 decibels is absolutely insane.”
Marchum, who has a background in occupational health and safety, said outdoor levels should be no more than 55 decibels, and hearing loss can be caused at 70 decibels. She said the City should also consider whether or not the noise from oil and gas activities interfered with a citizen’s indoor activities.
Marchum also mentioned the use of cargo boxes as a sound wall on a well across the street from her residence. She noted that residents have the right to reasonable enjoyment of their property.
Mayor Karl Nail said Charter Oak was cited with a $249 fine for exceeding the 75 decibel range. A citizen’s complaint came into City Hall on a Friday, and on Monday the site was monitored for 24 hours straight from noon to noon. Nail said the report showed a three-hour period where they exceeded the decibel range.
Paul Trimble, an attorney for Charter Oak, said a citation has been entered and their hearing date is May 2.
Trimble said the company knows there were some incidental spikes, “but one would think that those spikes would correlate across the spectrum. The data doesn’t correlate.”
He said external influences that may be resulting in those spikes include wind, of which there was a steady 15 mph with gusts of up to 30 mph going north toward the protective use. He said topography could also be playing a part, but that the data Charter Oak is seeing doesn’t line up with what the City has recorded.
Trimble further said it is important to the company to be a good neighbor, and they are prepared to do more analysis.
Council members also discussed a change in the City ordinance from 16-foot sound walls to 24-foot sound walls. Oil and gas interests were not in favor of this proposal saying it would cost an additional quarter of a million dollars per site.
City Councilman Tommy Clay said although he is not in favor of requiring the 24foot sound walls, “because maybe it doesn’t work in all situtations,” he does want 24-hour monitoring added to the City ordinance. He said he mentioned it six years ago in a letter to the Council and he reissued the letter about six months ago.
Clay said he believes this is financially reasonable, and it paints a picture of what Newcastle’s citizens are going through.
“I’m tired of us, in my mind, pandering to the oil companies, and being worried that we are going to have to go to District Court,” Clay said.
Discussed in previous meetings was the proposal of a special meeting to address concerns. Council member Marci White asked if the City can nail down a time and date and get a professional at the meeting to talk with them. A special meeting specific to the oil and gas industry is being planned, but has not yet been announced.
Nail said, “We are not experts and we need people to come in and tell us how our ordinances need to be worded. We’ve studied the other area communities, and we still don’t have it right.”
Matthew Mientka, representing Four Point Energy-Denver, Colorado, said his company is in the process of trying to permit here.
“We have 20 potential wells we could drill here,” he said “When we file our permit, we are going to file mitigation that deals with topography and wind, etc.”
He said 24-hour monitoring is complex and his company needs some guidance so they can comply.
