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ADEQ
Details for InspecƟon Number 064649
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InspecƟon Date:
File List:

AFIN:
Permit Number:
Media:
Name:
County:
Address:

02/29/2012
064649-insp.pdf (/Ōproot/Pub/WebDatabases/InspecƟonsOnline/064649insp.pdf)

1200000
WS - Water-SPB
XTO Energy, Inc.
Cleburne
Ballew #1-22H
210 Park Ave., Suite 2350
Oklahoma City, OK 73102

Site Phone Number:

LaƟtude:
Longitude:

FayeƩeville Shale Related: Y
FayeƩeville Shale ViolaƟons: Y
First LeƩer Date:
03/26/2012
Second LeƩer Date:
Third LeƩer Date:
Response Due Date:
04/06/2012
Response Received Date:
ERC Event Number:
AcƟon Case ID:
AcƟon Case Name:
AcƟon LIS Number:

InspecƟon Reason:
InspecƟon Status:
InspecƟon Type:
Compliance Status:
Total InspecƟon Score:

Scheduled
Completed
Compliance
Out of Compliance

3/16/2015 9:30 PM

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Concerns Comment:

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Ballew #1-22H I found the following violaƟons: RegulaƟon 34.202 (A), which
states, "Owners or Operators of all pits constructed during the drilling, compleƟon,
or tesƟng of an oil, gas, or oil & gas producƟon well, [brine producƟon & injecƟon
wells], Class II Disposal Well, Class II Commercial Disposal Well shall be deemed to
have a permit by rule pursuant to Ark. Code Ann. §8-4-203(1), for the construcƟon,
operaƟon, and closure of any pits covered under this RegulaƟon if the Owner or
Operator is in full compliance with Rule B-17, as adopted by the Arkansas Oil &
Gas Commission (AOGC) on October 28, 2010." The Operator has filed NoƟces of
TerminaƟon for ADEQ's General Permits 00000-WG-P; however, the Operator has
not submiƩed AOGC's Form 2A & Form 2B for reserve pits constructed/closed
under the General Permit as required by AOGC Rule B-17 (d) "Commencement of
ConstrucƟon OperaƟons" & (h)(1)(F)(7) "Fluid Disposal & Earthen Pit Closure
Requirements for Water-based Drilling Fluid & Encountered Water." The
informaƟon provided on these forms (i.e., locaƟon of pit, Fluid Reuse, etc.) is vital
to joint inspecƟons conducted by ADEQ & AOGC.
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3/16/2015 9:30 PM

March 26, 2012
Juanita Pollock
XTO Energy, Inc.
210 Park Ave., Suite 2350
Oklahoma City, OK 73102

RE:

AFIN: 12-00000; Permit by AOGC’s Rule B-17 (no AOGC Form 2A on file)
Well Site: Ballew #1-22H; Cleburne Co.

Ms. Pollock:
On February 29, 2012 I performed an inspection of the above referenced drilling site in
accordance with the provisions of the Arkansas Water and Air Pollution Control Act and
the regulations promulgated thereunder. At the time of the investigation, it has been
revealed that you are in violation of the Arkansas Water & Air Pollution Control Act, the
federal Clean Water Act and the regulations promulgated thereunder. Specifically, I
found the following violations:
Regulation 34.202 (A), which states, “Owners or Operators of all pits constructed during
the drilling, completion, or testing of an oil, gas, or oil & gas production well, [brine
production & injection wells], Class II Disposal Well, Class II Commercial Disposal Well
shall be deemed to have a permit by rule pursuant to Ark. Code Ann. §8-4-203(1), for
the construction, operation, and closure of any pits covered under this Regulation if the
Owner or Operator is in full compliance with Rule B-17, as adopted by the Arkansas Oil
& Gas Commission (AOGC) on October 28, 2010.” The Operator has filed Notices of
Termination for ADEQ’s General Permits 00000-WG-P; however, the Operator has
not submitted AOGC’s Form 2A & Form 2B for reserve pits constructed/closed
under the General Permit as required by AOGC Rule B-17 (d) “Commencement of
Construction Operations” & (h)(1)(F)(7) “Fluid Disposal & Earthen Pit Closure
Requirements for Water-based Drilling Fluid & Encountered Water.” The
information provided on these forms (i.e., location of pit, Fluid Reuse, etc.) is vital
to joint inspections conducted by ADEQ & AOGC.

The above item requires your immediate attention. Please submit a written response to
these findings to the Water Division Enforcement Branch Manager. This response
should be mailed to the address provided in the footer of this letter, or e-mailed to
Water-Enforcement-Report@adeq.state.ar.us This response should contain
documentation describing the course of action taken to correct each item noted. This
corrective action should be completed as soon as possible, and the written response
with all necessary documentations (i.e. photos) is due by April 6, 2012.

If I can be of any further assistance, please contact me at 501-683-2789 or via email at
mccabe@adeq.state.ar.us

Thank you for your time,

Kerri McCabe
Oil & Gas Field Inspector
Water Division
501-683-2789
mccabe@adeq.state.ar.us

cc:

Water Division Enforcement Branch
Water Division Permits Branch
Bo Smith, AOGC Inspection Supervisor, Bo.Smith@aogc.state.ar.us
Andrea Brooke Shaw, XTO EH & S Coordinator, Andrea_Shaw@xtoenergy.com

ADEQ O&G Pit Inspection Form
Date of Inspection: February 29, 2012
Operator: XTO Energy, Inc.
Coordinates: Lat 35.402597; Long -91.950697

Inspector: Kerri McCabe
Drilling Contractor: N/A
Drilling Pad Name & #: Ballew #1-22H

State Permit #: 02122-WG-P (voided)
Onsite Contact Person: N/A
Phone #: 501-887-4126 (Brooke Shaw)
DETAILS: Section, Township (N), Range (W)
County: Cleburne Co.
22, 9N, 9W
AFIN: 12-00000
Stage of Well Development: Construction of Pad  Conductor  Air/Gas Drilling  Spud State 
Water-Base Mud Drilling  Oil-Base Mud Drilling 
Well Completion  Well Finished  N/A 

SECTION A: Drilling Pad & Lease Road

4. Has Operator prepared a storm water erosion & sediment control plan or guidance document? Note: XTO has provided ADEQ with RAPPS

Y
Y
Y
Y

5. Does it appear that the erosion & sediment controls are being maintained in good operating condition? Note: permanent & temporary BMPs in
place; recent gathering construction

Y N NA NE

6. At the time of the inspection, was there evidence that the site had any oil/fluid spills?

Y N NA NE
Y N NA NE
Y N NA NE

1. Is there evidence of sediment runoff from the drilling pad or well site observed in waters of the state?
2. At the time of inspection, was there any evidence observed of Reg. 2 turbidity standards being exceeded?
3. Has the Operator implemented erosion & sediment controls in place to minimize sediment runoff from occurring?

a. If so, were the spills properly contained, cleaned & disposed of?
b. Has the spill been reported to ADEQ?
7. Did any rerouting, filling or channelization of any “water of the state” occur during drilling pad or lease road construction? Note: nearest
waterbody is an unnamed, intermittent tributary (Waterfall Hollow) to Big Creek

N
N
N
N

NA
NA
NA
NA

NE
NE
NE
NE

Y N NA NE
Y N NA NE
Y N NA NE

a. If so, was proper authorization received?
b. Is there evidence of any Reg. 2 violations due to construction of the drilling pad or lease road?
8. Does it appear that chemicals used during the drilling process & after well completion are being stored onsite properly? Note: permanent, lined
berms & plastic troughs

Y N NA NE

SECTION B: Pits & Drilling Fluids
1. At the time of the inspection, was the pit or pits covered under an active permit? Note: OPEN reserve pit onsite; NO AOGC Form 2A
2. At the time of the inspection, did it appear the pit or pits meet the construction requirements as required in the permit Part II, Section A., #1?
3. If containers are used for circulation pits or mud pits, are they being maintained in a leak–free state? Note: not actively drilling

Y N NA NE
Y N NA NE
Y N NA NE

4. At the time of inspection, is there any evidence that the pit or pits were not constructed with the appropriate liner (i.e., 20mm synthetic liner,
compacted-clay liner &/or bentonite liner)?
5. At the time of inspection, is there any evidence that the reserve pit or pits are not structurally sound? (i.e., cracks/holes in levees &/or
tears/holes in liners)?

Y N NA NE

6. Is there any indication that seepage is coming from the drilling pad or pit?

Y N NA NE

7. At the time of the inspection, was there any evidence that pit fluids had been discharged onto the ground or into waters of the state from the pit
or from drilling pad? Note: cuttings outside reserve pit on production pad side

Y N NA NE

Y N NA NE

8. Is a 2ft-minimum freeboard being maintained in the pit?

Y N NA NE
Y N NA NE
Y N NA NE

9. At the time of inspection, is there any evidence noted that the pit contained unapproved fluids or materials (i.e., waste oil, hydraulic or
completion fluids, trash &/or any Nonhazardous Oilfield Waste)?

Y N NA NE

a. If so, has the discharge been reported?
b. Has the fluid been properly contained, cleaned up, sampled & disposed of?

10. According to the onsite contact person how & where are fluids disposed? N/A
a. Carrier: not indicated on the Statement of Disposition &/or NOT
b. Destination: not indicated on the Statement of Disposition &/or NOT
c. Type of Disposal: not indicated on the Statement of Disposition &/or NOT

SECTION C : Closed-out Water-Based Drilling Fluids Pit
Date well(s) was finished: Nov. 20, 2011 (well #1)

Y N NA NE
Y N NA NE

1. Have all drilling fluids &/or solids been removed from the reserve pit
2. Does it appear that the pit has been properly closed and seeded?

3. Has the Operator submitted a completed Statement of Disposition & NOT within 90 days of closure of the pit? Note: NOT submitted Dec. 12,
Y N NA NE
2011 for General Permit# 02122-WG-P; Operator has not submitted AOGC Form 2A
Comments: There is an OPEN pit onsite. BMPs are in place & being maintained. Vegetation is establishing in most areas surrounding the production pad. Recent
gathering work has disturbed soil along the pipeline Right of Way (BMPs along the ROW as well). No erosion issues were noted during the inspection. Cuttings are
outside the reserve pit on the production pad side as well as some small oil-based spills on the production pad. The Operator has submitted the NOT for General
Permit# 02122-WG-P; however, an AOGC Form 2A has not been filed for this OPEN reserve pit.
PDS #064649
Inspector: Kerri McCabe

Arkansas Department of Environmental Quality

© DW 72008 Arkansas Dept. Environmental Quality

Date Report: March 5, 2012

Arkansas Department of Environmental Quality (ADEQ)
Official Photograph Sheet
Location:

Ballew #1-22H from Hwy 16 off Price Ford Rd about 6.6 miles WxSW of
Pangburn, AR

Photographer: Kerri McCabe

Photo #

1

Of

2

Photographer: Kerri McCabe

Description:

Date:

02-29-12

Time:

1122

Time:

1132

Site identification

Description:

Photo #

Witness: none

2

Of

2

Witness: none
Date:

OPEN reserve pit; NO AOGC Form 2A

02-29-12

Oil & Gas Violation Summary Sheet













No Violations Noted
Placing Waste
Permitting Issues
Spills & Leaks
Turbidity (Regulation #2 Violations)
Stormwater/Erosion Issues
Notification/Reporting Violations
Unpermitted Discharges
Record Keeping/Paperwork Violations
Trash/Unauthorized Fluids in Pits
Improper Closure of Pit
Insufficient Freeboard
Poor Pit Construction
Other (Describe):

April 9, 2012
Juanita Pollock
XTO Energy, Inc
210 Park Ave, Suite 2350
Oklahoma City, OK 73102
RE: AFIN: 12-00000; Permit by AOGC’s Rule B-17
Ballew #1-22H
Dear Ms. Pollock:
The Department has received your response to the February 29, 2012 inspection of
your facility by our District Field Inspector, Kerri McCabe. Your letter appears to
adequately address the discrepancies identified during the visit. The Department
expects the corrective actions taken will be maintained to ensure consistent compliance
with the requirements of the permit. Acceptance of this response by the Department
does not preclude any future enforcement action deemed necessary at this site or any
other site.
The Department will keep the inspection and response on file. If future violations occur
that require enforcement action, the Department will consider the inspection and
response as required by the Pollution Control and Ecology Commission Regulation No.
7, Civil Penalties. This regulation requires the Department to consider the past history
of your site and how expeditiously the violations were addressed in determining any civil
penalty that may be necessary for any future violations.
If we need further information concerning this matter, we will contact you. Thank you for
your attention to this matter. Should you have any questions, feel free to contact me at
501-682-0667 or you may e-mail me at bolenbaughm@adeq.state.ar.us.
Sincerely,

Michelle Bolenbaugh
Enforcement Analyst
Water Division Enforcement Branch

ADEQ - Complaint Details | ADEQ

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ADEQ
Details for Complaint Number 014098
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Complaint Received Date:
First Site Visit Date:
Second Site Visit Date:
Third Site Visit Date:
File List:

AFIN:
Permit Number:
Media:
Name:
County:
Address:

04/02/2012

014098-COMP.pdf (/Ōproot/Pub/WebDatabases/Complaints/014098COMP.pdf)

7300000
00449-W-RB
WS - Water-SPB
XTO ENERGY, INC
Cleburne
BALLEW #1-22h
211 PANGBURN
HEBER SPRINGS, AR 72543

Site Phone Number:

LaƟtude:
Longitude:

35.402670
-91.950489

FayeƩeville Shale Related:
Y
FayeƩeville Shale ViolaƟons: N
First LeƩer Date:
Second LeƩer Date:
Third LeƩer Date:
ERC Event Number:
AcƟon Case ID:
AcƟon Case Name:
AcƟon LIS Number:

Number of Site Visits:
Discharge To Stream:
Discharge To Stream Name:
Previous Complaint:
Previous Dates Comment:

3/16/2015 9:28 PM

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InacƟve InvesƟgaƟon:
InacƟve InvesƟgaƟon Reason:
Valid Complaint:

Final DisposiƟon DescripƟon: InvesƟgated;no evidence found

3/16/2015 9:28 PM

ADEQ - Complaint Details | ADEQ

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InvesƟgaƟon Comment:

http://www.adeq.state.ar.us/complaints/searches/p_complaints.aspx?Com...

IniƟally, I spoke with Ms. Ballew at length about the issues she was having with
the producƟon pad located on her property (4-3-12). She was mainly concerned
with trash leŌ by the contractors & low-levels of NORM indicated in water
samples collected by ADH as well as improper reserve pit closure. I told her I had
been to the site in late Feb 2012 & the pit fluids were well below the minimum
freeboard requirements. I informed her that I had walked the enƟre length of the
pipeline ROW, and that's when she told me she didn't have issues with the
pipeline ROW but the original lease road. Apparently, the contractor originally
started construcƟon of a lease road on Ms. Ballew's property & then decided to
put the lease road on Mr. Waldo's property. The contractor had apparently leŌ
windrowed trees & disturbed soil along the original lease road route. I told her I
could not address the trash or events that occurred in Nov 2011, but that I would
re-visit the site during the pit closure. She was concerned about them removing
the liner because of the low-levels of NORM indicated in samples taken by ADH. I
informed her that removing the liner was standard pracƟce & can result in
violaƟons if not removed. I told her all fluids were to be removed to the fullest
extent, but that solids could be buried onsite if pre-approved by ADEQ (kiln
dust/fly ash method). I arrived onsite later in the day & the pit was sƟll being
graded/contoured. I spoke with Mr. Lance B. while onsite. He informed me that
the liner was being taken to Rolling Meadows Landfill in Hazen, AR. He said that
JM Oilfield Services had hauled the reserve pit contents (locaƟon unknown at this
Ɵme). Silt fence was installed around the former reserve pit area. Ms. Brooke
Shaw with XTO Energy informed me that the reserve pit contained shallow
groundwater & stormwater. XTO Energy did not use the reserve pit during a Frac
Flowback Reuse program. Also, I inspected the lease road (separate report). I did
not invesƟgate the original route because that acƟvity occurred on private
property & I could not see any indicaƟon of the acƟvity from the producƟon pad
or pipeline ROW. FURTHER ACTION TAKEN/TO BE TAKEN: I spoke with Ms.
Ballew's original landman from XTO Energy (Dean BurneƩ). They have proclaimed
"emanate domain" on Ms. Ballew's property due to mineral rights. The decision
was based on a combinaƟon of secƟon lines & iniƟal interest/disinterest between
two parƟes (Ballew & Waldo). XTO Energy & the Ballew family could not come to
an agreement with the proposed well lease. These proceedings are beyond the
scope of ADEQ, and no further acƟon is required. ADH & AOGC were the original
parƟes contacted in Nov 2011. If there was the potenƟal for a discharge to
surface waters, ADEQ should have been noƟfied. NORM is under the jurisdicƟon
of ADH & subsurface acƟviƟes (i.e., well bore, drilling, etc.) are the jurisdicƟon of
AOGC. Since iniƟal water samples were taken by ADH, follow-up samples should
be conducted by that agency. It should be noted that NORM is naturally occurring
at the surface & in shale. [Last modified by schaeffer, 5/7/2012 12:25:42 PM]

3/16/2015 9:28 PM

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DescripƟon Comment:

From report provided by ADEQ's Emergency Response (ER): Caller advised ER: "
Pit has overflowed in November; " Liner has been removed; " There is sludge in
pit that is being filled in; " Concerned about material seeping into the ground
since liner is removed; " When caller filmed the operaƟons, someone came out to
get the sludge out but a large porƟon had already been filled in; " Health
Department has tested the water and found radiaƟon; " EPA Dallas was contacted
and advised the water should be tested for radiaƟon; " Photos and film
informaƟon is for documentary that will be presented to the State Legislature; "
Will share photos with ADEQ-ER. As caller was driving back to LiƩle Rock, she
requested ER call tomorrow and provide an address to send the photos to. The
main concern of the caller apparently surrounds the radiaƟon reportedly to have
been found in the water. There is no current report of any overflow or breach or
impact to water other than potenƟal seepage due to the liner being removed.

LocaƟon Comment:

Ballew #1-22H Permit #00449-W-RB AFIN #73-00000 From NLR take Hwy 167/67
toward Cabot, AR. At the 2nd Cabot exit merge onto Hwy 5 toward Heber Springs,
AR. Hwy 5 merges with Hwy 25 conƟnue toward the Hwy 25/16 juncƟon.
ConƟnue straight (leŌ) onto Hwy 16 toward Pangburn, AR. Good Springs Rd is off
Hwy 16 on the right. ConƟnue on Good Springs Rd taking the 1st right onto Pine
Snag Rd. ConƟnue to a fork in the road turning right onto Price Ford Rd. XTO
Energy's Lonesome Duck Farms & Ballew lease roads are on the leŌ & indicated
with signs. The lease road for Ballew #1-22H is on
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3/16/2015 9:28 PM

April 30, 2012
Jennifer Weathers
Regulatory Analyst
XTO Energy, Inc.
210 Park Ave., Suite 2350
Oklahoma City, OK 73102
AFIN: 12-00000; Permit by AOGC’s Rule B-17 (ADEQ Ref# 00449-W-RB)
Well Site: Ballew #1-22H; Cleburne Co.

RE:

Ms. Weathers:

On April 3, 2012 I performed a follow-up inspection of the above referenced well site & associated pit in
accordance with the provisions of the Arkansas Water & Air Pollution Control Act and the regulations
promulgated thereunder as well as AOGC’s Rule B-17. At the time of the inspection, the well site &
associated pit were in compliance with the provisions of the Arkansas Water & Air Pollution Control Act
and the associated regulations as well as AOGC’s Rule B-17.
Please refer to the “comments” section of the inspection form for notes regarding any “areas of
concern” that may have been observed at the above referenced site. Furthermore, I have
contacted Brooke Shaw by email in regards to any potential issues concerning this site.

If I can be of any further assistance, please contact me at 501-683-2789 or via email at
mccabe@adeq.state.ar.us

Thank you for your time,

Kerri McCabe
Oil & Gas Field Inspector
Water Division

501-683-2789
mccabe@adeq.state.ar.us

cc:

Water Division Permits Branch
Bo Smith, AOGC Inspector Supervisor, Bo.Smith@aogc.state.ar.us
Brooke Shaw, XTO EH & S Coordinator, Andrea_Shaw@xtoenergy.com

AOGC Rule B-17 Pit Inspection Form
Date of Inspection: April 3, 2012
Operator: XTO Energy, Inc.
Coordinates: Lat 35.402670; Long -91.950489

ADEQ Inspector: Kerri McCabe
Drilling Contractor: N/A

Drilling Pad Name & Well #: Ballew #1-22H
Onsite Contact Person: emailed Brook Shaw
Phone #: 501-887-4126

ADEQ Reference #: 00449-W-RB
DETAILS: Section, Township (N), Range (W)
22, 9N, 9W

County: Cleburne Co.
AFIN: 12-00000

SECTION A: Drilling & Well Site Information
Well Site Type:
Pad Construction  Drilling 
Spud State 
Commercial Injection Well  Non-commercial Injection Well 
Type of Drilling System: Air  Close-loop 
Fluid System 
Type of Drilling Fluid: Water-based 

Oil-based 

Completion 

Producing 

Air/Mist 

SECTION B: Stormwater Erosion & Sediment Controls of the Well Pad & Lease Road
Y N NA NE

1. Is there evidence of sediment runoff from the well site or lease road observed in waters of the State?
2. At the time of the inspection was there any evidence observed of Reg. 2 water quality standards being exceeded (i.e., turbidity, sedimentation,
etc.)?

Y N NA NE

3. Has the Operator implemented erosion & sediment controls to minimize sediment runoff from occurring?

Y N NA NE

4. After further evaluation has the Operator prepared a storm water erosion & sediment control plan or guidance document? Note: XTO has
submitted RAPPS to ADEQ
5. Does it appear that the erosion & sediment controls are being maintained & are in good operating condition? Note: temporary BMPs around
closed pit area

Y N NA NE

6. During the time of the inspection was there evidence that the well site &/or pit had any fluid discharges (i.e., spills/leaks)?

Y N NA NE
Y N NA NE
Y N NA NE

a. If there was evidence of a discharge were the fluids/solids properly contained, cleaned & disposed of?
b. Has the discharge been reported to ADEQ/AOGC?
7. Did any rerouting, filling or channelization of any “water of the State” occur during well site or lease road construction? Note: nearest waterbody
is an unnamed, intermittent tributary of Big Creek
a. Was proper authorization received (i.e., Short-term Activity Authorization)? Note: STAA on file (separate inspection report)
b. Is there evidence of any Reg. 2 water quality standard violations due to construction of the well pad or lease road?
8. Does it appear that chemicals used during the drilling process & after well completion are being stored properly? Note: permanent, lined berm
& plastic troughs

Y N NA NE

Y N NA NE
Y N NA NE
Y N NA NE
Y N NA NE

SECTION C: Reserve Pit Construction & Operation Requirements
1. After further evaluation has the Operator submitted AOGC Form 2A (Notice of Commencement)? Note: NO pit onsite

Y N NA NE

2. At the time of the inspection did it appear the pit(s) met the construction requirements as required by AOGC Rule B-17 Section (f), Items (2) &
(3)?

Y N NA NE

3. If containers were used for circulation/mud pits (i.e., close-loop system) were they being maintained in a leak-free state?
4. During the inspection was the pit(s) constructed with the appropriate liner (i.e., 20mil synthetic liner, compacted-clay liner &/or bentonite liner)?

Y N NA NE
Y N NA NE

5. At the time of inspection was the reserve pit(s) structurally sound & capable of containing the pit’s contents (i.e., cracks/holes in levees &/or
tears/holes in liners)?

Y N NA NE

6. During the inspection was a 2ft-minimum freeboard being maintained in the pit?

Y N NA NE

7. At the time of inspection did the pit contain unapproved fluids or materials (i.e., waste oil, hydraulic or completion fluids, trash &/or any
Nonhazardous O&G Waste)?

Y N NA NE

8. After further evaluation was the reserve pit determined to be part of a Frac Flowback Water Recycling Program?

Y N NA NE
Y N NA NE

a. If “yes” has the reserve pit been pre-approved by ADEQ?
b. During the inspection did the reserve pit liner(s) type meet the requirements for the Frac Flowback Water Recycling Program as outlined in
AOGC Rule B-17 Section (g), Item (2)?

Y N NA NE

SECTION D : Fluid Disposal & Pit Closure Requirements
Date well(s) was finished: Nov. 30, 2011 (well #1)
1. According to the onsite contact person &/or supporting documents, how & where are fluids disposed? N/A
Type of Disposal: Information not provided on Statement of Disposition/NOT for General Permit# 02122-WG-P; not required on AOGC’s
Form 2B
2. Have all drilling fluids &/or solids been removed from the reserve pit as outlined in AOGC Rule B-17 Sections (h) & (i)?
3. Does it appear that the pit has been properly closed and seeded within the appropriate timeframe? Note: graded/contoured
4. Has the Operator submitted a completed AOGC Form 2B (Notice of Pit Closure) within 30 days of closure of the pit?

Y N NA NE
Y N NA NE
Y N NA NE

Comments: There is NO reserve pit onsite. The Operator was in the process of closing the pit during the inspection. BMPs were in place & being maintained around
the former pit location. The well site is establishing vegetation & the surrounding area is also well-vegetated (timber). There is one active well onsite & the produced
water tank is within a permanent, lined berm. AOGC’s Form 2A is on file for General Permit# 02122-WG-P; however, the Operator has not submitted AOGC’s Form 2B.
PDS #065309

Inspector: Kerri McCabe

Arkansas Department of Environmental Quality

© DW 72008 Arkansas Dept. Environmental Quality

Date of Report: April 24, 2012

Arkansas Department of Environmental Quality (ADEQ)
Official Photograph Sheet
Location:

Ballew #1-22H from Hwy 16 off Price Ford Rd about 6.6 miles WxSW of
Pangburn, AR

Photographer: Kerri McCabe

Photo #

1

Of

2

Photographer: Kerri McCabe

Description:

Date:

04-03-12

Time:

1134

Time:

1143

Site identification

Description:

Photo #

Witness: Lance B.

2

Of

2

Witness: Lance B.
Date:

04-03-12

Graded & contoured reserve pit location; BMPs in place

Oil & Gas Violation Summary Sheet













No Violations Noted
Placing Waste
Permitting Issues
Spills & Leaks
Turbidity (Regulation #2 Violations)
Stormwater/Erosion Issues
Notification/Reporting Violations
Unpermitted Discharges
Record Keeping/Paperwork Violations
Trash/Unauthorized Fluids in Pits
Improper Closure of Pit
Insufficient Freeboard
Poor Pit Construction
Other (Describe):

May 7, 2012
Heather Meek
Regulatory Analyst
XTO Energy, Inc.
211 Pangburn Rd
Heber Springs, AR 72543
Complaint Investigation of XTO Energy’s Ballew #1-22H Reserve Pit in
Pangburn, AR (Cleburne Co.); reserve pit discharge from Nov 2011 &
improper reserve pit closure

RE:

Ms. Meek:

On April 3, 2012 I performed an investigation of the Ballew #1-22H production pad & reserve pit
in response to a complaint received by ADEQ’s Water Division. The complainant allegedly
observed the reserve pit fluids discharge into surface waters in November 2011 as well as
witnessed the improper closure of the reserve pit on April 2, 2012. At the time of the
investigation, no violations were observed.
Please refer to the “comments” section of the inspection form for any notes regarding
any “areas of concern” that may have been observed at the above referenced site.
Furthermore, I have contacted Brooke Shaw by email with any potential issues regarding
this site.

If you should have any questions, feel free to contact me at 501-683-2789 or via email
mccabe@adeq.state.ar.us

Thank you for your time,

Kerri McCabe
Oil & Gas Field Inspector
Water Division

cc:

Water Division Permits Branch
Heather Meek, XTO Energy Regulatory Analyst, Heather_Meek@xtoenergy.com
Brooke Shaw, XTO Energy EHS Coordinator, Andrea_Shaw@xtoenergy.com

FOR OFFICE USE ONLY:
AIR HW RST SW WATER MINING

ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY
5301 Northshore Drive, North Little Rock, AR 72118
COMPLAINT REPORT
GPS: Lat: 35.402670 ; Long: -91.950489

AFIN#: 12-00000

DATE RECEIVED: April 2, 2012

COUNTY: Cleburne Co.

COMPLAINANT NAME: Sandra Ballew

COMPLAINT AGAINST: XTO Energy, Inc.

ADDRESS:
N/A

ADDRESS:
211 Pangburn Rd
Heber Springs, AR 72543

PHONE: 501-551-5515

FAX: N/A

PERMIT#: N/A

PHONE: 501-887-4138 (Heather Meek)

FAX: N/A

SUPERVISOR REFERRAL:
Steve Johnson

DATE:
April 2, 2012

PERSON RECEIVING REPORT:
Michael Parette

DATE:
April 2,
2012

INSPECTOR REFERRED:
Kerri McCabe

DATE:
April 2, 2012

MEDIA SUPERVISOR REFERRAL:

DATE:

PHONE REFERRAL CONTACT:

DATE:

RECEIVING INSPECTOR:
Kerri McCabe

DATE:
04-02-12

DESCRIPTION (IN DETAIL)
From report provided by ADEQ’s Emergency Response (ER):
Caller advised ER:
Pit has overflowed in November;
Liner has been removed;
There is sludge in pit that is being filled in;
Concerned about material seeping into the ground since liner is removed;
When caller filmed the operations, someone came out to get the sludge out but a large portion had already
been filled in;
Health Department has tested the water and found radiation;
EPA Dallas was contacted and advised the water should be tested for radiation;
Photos and film information is for documentary that will be presented to the State Legislature;
Will share photos with ADEQ-ER.
As caller was driving back to Little Rock, she requested ER call tomorrow and provide an address to send the photos
to. The main concern of the caller apparently surrounds the radiation reportedly to have been found in the water.
There is no current report of any overflow or breach or impact to water other than potential seepage due to the liner
being removed.

LOCATION (IN DETAIL)
From NLR take Hwy 167/67 toward Cabot, AR. At the 2nd Cabot exit merge onto Hwy 5 toward Heber Springs,
AR. Hwy 5 merges with Hwy 25 continue toward the Hwy 25/16 junction. Continue straight (left) onto Hwy 16
toward Pangburn, AR. Good Springs Rd is off Hwy 16 on the right. Continue on Good Springs Rd taking the 1st
right onto Pine Snag Rd. Continue to a fork in the road turning right onto Price Ford Rd. XTO Energy’s
Lonesome Duck Farms & Ballew lease roads are on the left & indicated with signs. The lease road for Ballew #122H is on adjacent property.
PREVIOUS COMPLAINT?  YES  NO DATES: Feb. 22, 2012 (route of pipeline ROW & NORM readings
in reserve pit fluid & surface water in samples collected by ADH)
DISCHARGE TO WATERS OF THE STATE?  YES  NO NAME OF WATERBODY:
HOW COMPLAINT WAS RECEIVED:  PHONE  LETTER  VERBAL

 FAX

 E-MAIL

FOLLOW -UP ON COMPLAINT
COMPLAINT #: 00449-W-RB_comp_20120403

AFIN #: 12-00000

INSPECTOR: Kerri McCabe

DATE: April 3, 2012

ACTION TAKEN:

PHOTOS TAKEN: YES

Initially, I spoke with Ms. Ballew at length about the issues she was having with the production pad
located on her property (4-3-12). She was mainly concerned with trash left by the contractors & lowlevels of NORM indicated in water samples collected by ADH as well as improper reserve pit closure. I
told her I had been to the site in late Feb 2012 & the pit fluids were well below the minimum freeboard
requirements. I informed her that I had walked the entire length of the pipeline ROW, and that’s when
she told me she didn’t have issues with the pipeline ROW but the original lease road. Apparently, the
contractor originally started construction of a lease road on Ms. Ballew’s property & then decided to put
the lease road on Mr. Waldo’s property. The contractor had apparently left windrowed trees & disturbed
soil along the original lease road route. I told her I could not address the trash or events that occurred in
Nov 2011, but that I would re-visit the site during the pit closure. She was concerned about them
removing the liner because of the low-levels of NORM indicated in samples taken by ADH. I informed
her that removing the liner was standard practice & can result in violations if not removed. I told her all
fluids were to be removed to the fullest extent, but that solids could be buried onsite if pre-approved by
ADEQ (kiln dust/fly ash method).
I arrived onsite later in the day & the pit was still being graded/contoured. I spoke with Mr. Lance B.
while onsite. He informed me that the liner was being taken to Rolling Meadows Landfill in Hazen, AR.
He said that JM Oilfield Services had hauled the reserve pit contents (location unknown at this time).
Silt fence was installed around the former reserve pit area. Ms. Brooke Shaw with XTO Energy informed
me that the reserve pit contained shallow groundwater & stormwater. XTO Energy did not use the
reserve pit during a Frac Flowback Reuse program. Also, I inspected the lease road (separate report). I
did not investigate the original route because that activity occurred on private property & I could not see
any indication of the activity from the production pad or pipeline ROW.

Page

3

FURTHER ACTION TAKEN/TO BE TAKEN:
I spoke with Ms. Ballew’s original landman from XTO Energy (Dean Burnett). They have proclaimed
“emanate domain” on Ms. Ballew’s property due to mineral rights. The decision was based on a
combination of section lines & initial interest/disinterest between two parties (Ballew & Waldo). XTO
Energy & the Ballew family could not come to an agreement with the proposed well lease. These
proceedings are beyond the scope of ADEQ, and no further action is required.
ADH & AOGC were the original parties contacted in Nov 2011. If there was the potential for a discharge
to surface waters, ADEQ should have been notified. NORM is under the jurisdiction of ADH &
subsurface activities (i.e., well bore, drilling, etc.) are the jurisdiction of AOGC. Since initial water
samples were taken by ADH, follow-up samples should be conducted by that agency. It should be noted
that NORM is naturally occurring at the surface & in shale.
PDS #014098

INSPECTOR SIGNATURE:

DATE: April 25,
2012

Page

4

Water Division Photographic Evidence Sheet
Ballew #1-22H from Hwy 16 off Price Ford Rd about 6.6 miles WxSW of Pangburn, AR

Location:

Kerri McCabe

Photographer:
Photo #

1

Kerri McCabe

Photographer:
Description:

4

Date:

Lance B.
04-03-12

Time:

1134

Site Identification

Description:

Photo #

Of

Witness:

2

Of

4

Witness:
Date:

Lance B.
04-03-12

Time:

1143

Graded/contoured reserve pit location; silt fence in place

Page

5

Water Division Photographic Evidence Sheet
Ballew #1-22H from Hwy 16 off Price Ford Rd about 6.6 miles WxSW of Pangburn, AR

Location:

Kerri McCabe

Photographer:
Photo #

3

Kerri McCabe

Photographer:
Description:

4

Date:

Lance B.
04-03-12

Time:

1143

Removed liner on production pad; going to Rolling Meadows Landfill (Hazen, AR)

Description:

Photo #

Of

Witness:

4

Of

4

Witness:
Date:

Lance B.
04-03-12

Time:

1144

Silt fence along intermittent stream near reserve pit location; vegetation establishing

Page

6

Oil & Gas Violation Summary Sheet













No Violations Noted
Placing Waste
Permitting Issues
Spills & Leaks
Turbidity (Regulation #2 Violations)
Stormwater/Erosion Issues
Notification/Reporting Violations
Unpermitted Discharges
Record Keeping/Paperwork Violations
Trash/Unauthorized Fluids in Pits
Improper Closure of Pit
Insufficient Freeboard
Poor Pit Construction
Other (Describe):

Page

7

July 31, 2012

Joel Dunlap (Reporting Party)
EHS Coordinator
XTO Energy, Inc.
211 Pangburn Rd
Heber Springs, AR 72543
RE:

Complaint Investigation of several XTO Energy production pads &/or lease
roads (Cleburne, Faulkner, Independence and White Counties); alleged
intentional discharges of frac flowback &/or produced fluids by a third
party contractor

Dear Mr. Dunlap:
On June 28, 2012 and July 9, 2012 I performed several investigations of various XTO Energy
production pads &/or lease roads in response to alleged intentional discharges self-reported by
XTO Energy. XTO Energy reportedly discovered that an independent, third party contractor had
been intentionally discharging frac flowback &/or produced fluids at several sites. Sites
identified by XTO Energy for possible intentional discharges include: OB Moss #1-32H,
Peel #2-9H, Deltic Timber #1-8H, Banner Creek #1-33H, Deltic Timber #1-10H, Ballew #122H, and Garner #1-22H in Cleburne Co.; Barnett #1-32H in Faulkner Co.; Reaves #2-20H,
Byram #1-30H31, Kenny Stagg#1-32H29, and DTC #1-30H in Independence Co.; and Pine
Hope #1-30H, Glass #1-28H4, Tanner #1-31H, Sammie Smith #2-15H, Moffitt #2-32H,
Young #1-19H, Harrison #1-33H, and Glass Estates #1-34H27 in White Co. These sites are
located within watersheds in counties with streams designated by ADEQ has Extraordinary
Resource Waters (ERWs). XTO Energy has provided to ADEQ’s Emergency Response
preliminary sample results for chlorides, which were collected at potential sites. Results from
several samples indicate excessive levels of chlorides (greater than 3000ppm) compared to
background levels. At the time of the investigation, it has been revealed that you are in violation
of the Arkansas Water & Air Pollution Control Act, the federal Clean Water Act and the
regulations promulgated thereunder. Specifically, I found the following violation:
8-4-217 (a)(2) It shall be unlawful for any person to place or cause to be placed any sewage,
industrial waste, or other wastes in a location where it is likely to cause pollution of any waters
of this state. XTO Energy self-reported several discharges allegedly performed by a third
party contractor. Preliminary results from samples taken from potential discharge sites
have been provided to ADEQ’s Emergency Response. These results indicate excessive
(greater than 3000ppm) chloride concentrations as a result of intentional discharging of
frac flowback &/or produced fluids (Exploration & Production wastes). XTO Energy is
responsible for the containment, removal, transportation, and disposal of all E&P wastes
generated during the drilling & completions of natural gas wells. XTO Energy should
submit & implement a remediation plan immediately to reduce the impact these
intentional discharges have had & will continue to have on the environment.

XTO Energy, Inc.
July 31, 2012
Page 2

Due to the excessive nature of the above-mentioned item as well as the impact the
intentional discharges have had on the environment and may continue to have on the
environment, the aforementioned item(s) requires your immediate attention. Based upon
the inspection findings, this matter has been referred to the Enforcement Branch of the
Water Division.
Please submit a written response to these findings to the Water Division Inspection Branch of
this Department. This response should be mailed to the address at the bottom of the first page
of the letter or e-mailed to Water-Inspection-report@adeq.state.ar.us This response should
contain documentation describing the course of action taken to correct each item noted. This
corrective action should be completed as soon as possible, and the written response with all
necessary documentation (i.e. photos) is due by August 13, 2012.
If I can be any assistance, please contact me at mccabe@adeq.state.ar.us or 501-682-0642.
Sincerely,

Kerri McCabe
Oil & Gas Field Inspector Supervisor
Water Division
cc:

Water Division Enforcement Branch
Water Division Permits Branch
Michael Parette, ADEQ Emergency Response, parette@adeq.state.ar.us
Bo Smith, AOGC Inspector Supervisor, Bo.Smith@aogc.state.ar.us
Special Agent Wendall Jines, Arkansas State Police, wendall.jines@asp.arkansas.gov
Special Agent Jassen Travis, Arkansas State Police, jassen.travis@asp.arkansas.gov

FOR OFFICE USE ONLY:
AIR HW RST SW WATER MINING

ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY
5301 Northshore Drive, North Little Rock, AR 72118
COMPLAINT REPORT
GPS:
Lat: 35.31464; Long: -1.846074 (Sammie Smith #2-15H)
Lat: 35.28573; Long: -91.858699 (Glass #1-28H)
Lat: 35.27134; Long: -91.883175 (Moffitt #1-32H)
Lat: 35.2713; Long: -91.891133 (Tanner #1-31H)
Lat: 35.27612; Long: -92.18706 (Barnett #1-32H)
An additional three investigations were conducted by Robert
Long (O&G Inspector) in Cleburne & Independence Cos.

AFIN#: 73-00000 (White) & 23-00000 (Faulkner)
PERMIT#:
02203-WG-P (voided); Sammie Smith
02025-WG-P (voided); Glass
02169-WG-P (voided); Moffitt
02222-WG-P (voided); Tanner
012587-WG-P (voided); Barnett

DATE RECEIVED: June 28, 2012

COUNTY: Cleburne, Faulkner, Independence & White Cos.

COMPLAINANT NAME: Joel Dunlap (self-report)

COMPLAINT AGAINST: XTO Energy, Inc.

ADDRESS:
XTO Energy, Inc.
211 Pangburn Rd
Heber Springs, AR 72543

ADDRESS:
211 Pangburn Rd
Heber Springs, AR 72543

PHONE: 501-757-0967

FAX: N/A

PERSON RECEIVING REPORT:
Kerri McCabe

DATE:
June 28,
2012

INSPECTOR REFERRED:

PHONE REFERRAL CONTACT:

PHONE: 501-757-0967 (Joel Dunlap)

FAX: N/A

SUPERVISOR REFERRAL:

DATE:

DATE:

MEDIA SUPERVISOR REFERRAL:

DATE:

DATE:

RECEIVING INSPECTOR:
Kerri McCabe

DATE:
June 28,
2012

DESCRIPTION (IN DETAIL)

Since June 14, 2012 XTO Energy has self-reported several intentional discharges believed to be performed by a
third party contractor paid to haul E&P wastes generated from natural gas production sites. The first self-report
by XTO Energy was at the OB Moss #1-32H production pad in Cleburne Co (investigated by Robert Long).
Subsequently, XTO Energy began to identify several discharge sites at various production pads &/or lease roads
issued to the contractor. XTO Energy has taken preliminary soil samples from each possible discharge site at 20
different locations within four counties. These results have been provided to ADEQ’s Emergency Response
(Michael Parette). The soil sample results indicate excessive chloride concentrations (greater than 3000ppm)
compared to background levels, which is an indicator of frac flowback &/or produced fluids.

Page

3

LOCATION (IN DETAIL)
The following locations have been submitted by XTO Energy as possible discharge sites: OB Moss #1-32H, Peel
#2-9H, Deltic Timber #1-8H, Banner Creek #1-33H, Deltic Timber #1-10H, Ballew #1-22H, and Garner #1-22H in
Cleburne Co.; Barnett #1-32H in Faulkner Co.; Reaves #2-20H, Byram #1-30H31, Kenny Stagg#1-32H29, and
DTC #1-30H in Independence Co.; and Pine Hope #1-30H, Glass #1-28H4, Tanner #1-31H, Sammie Smith #215H, Moffitt #2-32H, Young #1-19H, Harrison #1-33H, and Glass Estates #1-34H27 in White Co.
There are an additional six locations provided by XTO Energy; however, there have been no formal reports
submitted by XTO Energy for these sites to ADEQ:
Fortner #1-9H, Herndon #1-12H, Roberts #1-20H, Swaim #1-31H30, Sexton #1-1H, and Moss #1-14H (counties
unknown)
PREVIOUS COMPLAINT?  YES  NO DATES:
DISCHARGE TO WATERS OF THE STATE?  YES  NO NAME OF WATERBODY: From information
provided by XTO Energy, two of the above-mentioned sites were in close-proximity of Waters of the State (Reaves
#2-20H & Tanner #1-31H)
HOW COMPLAINT WAS RECEIVED:  PHONE  LETTER  VERBAL

 FAX

 E-MAIL

FOLLOW -UP ON COMPLAINT
COMPLAINT #: XTO Intentional Discharges from
3rd Party_comp_20120709

AFIN #: 73-00000 (White Co.) & 23-00000
(Faulkner Co.)

INSPECTOR: Kerri McCabe

DATE: June 28, 2012

ACTION TAKEN:

PHOTOS TAKEN: YES

ADEQ O&G Field Inspector Robert Long & I conducted a total of nine investigations at locations reported by
XTO Energy. The locations were believed to be possible sites where a third party contractor intentionally
discharged E&P wastes onto the ground or within waters of the state. These sites encompassed four different
counties within watersheds designated by ADEQ as ERWs. At least one site from each county was
investigated to represent the individual county. The sites varied in time from discharge (within 24 hours & as
long ago as 8 months); however, XTO Energy conducted soil samples at each potential discharge location as
well as sampled from point source to furthest distance from point source that was potentially impacted. XTO
Energy took background soil samples to get an idea of the chloride concentrations in the areas. Due to the
fact that E&P wastes such as frac flowback & produced fluids are high in chlorides, XTO Energy tested for
chlorides only. Preliminary results from the soil samples taken at some sites indicate that chloride levels
exceed 3000ppm, which is an acceptable concentration for permitted land application sites approved by
ADEQ. It should be noted that frac flowback as well as produced water are not acceptable for land
application and can only be disposed of at approved facilities (i.e., commercial/non-commercial injection
wells, reuse during hydraulic fracturing, etc.). XTO Energy is responsible for the containment, removal,
transportation & disposal of all E&P wastes generated during natural gas drilling & completions.
Joel Dunlap was able to direct me to discharge sites at the locations investigated. The areas were
distinguished by eroded spots where hosing had been placed and high pressure & volume had caused the soil
to be displaced as well as discoloration to substrate (rusty color). Vegetation had died where E&P wastes had
pooled.

Page

4

FURTHER ACTION TAKEN/TO BE TAKEN:
I met with XTO Energy’s Joel Dunlap during my White Co investigations. He provided ADEQ with
information that led XTO Energy to believe that the third party contractor had been fired after the last
incident at OB Moss for unrelated reasons. Two theories included a company-wide scam to keep the
money paid by XTO Energy for disposal without taking the wastes to a disposal facility &/or laziness of
one or two individual drivers (disposed of wastes onsite instead of driving to disposal facility). Only after
reviewing invoices & manifests did XTO Energy begin to notice discrepancies in amounts hauled verse
disposal destination. Some manifests were altered & even photocopied.
I instructed Joel Dunlap to contact ADEQ’s Emergency Response (Michael Parette) for guidance in a
remediation plan. Preliminary soil sample results exceed chloride concentration levels acceptable for
permitted land application facilities, and the affected areas should be returned to pre-discharge
conditions (background). I will be conducting investigations of the remaining sites when time allows.
PDS #014419
INSPECTOR SIGNATURE:

DATE:
July 23, 2012

Page

5

Water Division Photographic Evidence Sheet
Location:

Sammie Smith #1,2-15H from Hwy 310 off Morris School Rd about 3.4 miles SXSW of Letona, AR
(White Co)
Kerri McCabe

Photographer:
Photo #

1

Of

14

Witness:
Date:

Joel Dunlap & Robert Long
06-28-12

Time:

Description:

Sediment displaced from pressure & volume of intentional discharge

Photographer:

Kerri McCabe

Photo #
Description:

2

Of

14

Witness:
Date:

1326

Joel Dunlap & Robert Long
06-28-12

Time:

1327

Impacted vegetation (dead) & discoloration of area

Page

6

Water Division Photographic Evidence Sheet
Location:

Sammie Smith #1,2-15H from Hwy 310 off Morris School Rd about 3.4 miles SXSW of Letona, AR
(White Co)
Kerri McCabe

Photographer:
Photo #

3

Of

14

Witness:
Date:

Joel Dunlap & Robert Long
06-28-12

Time:

Description:

Sediment displaced from pressure & volume of intentional discharge

Photographer:

Kerri McCabe

Photo #
Description:

4

Of

14

Witness:
Date:

1328

Joel Dunlap & Robert Long
06-28-12

Time:

1329

Impacted vegetation (dead) & discoloration of area

Page

7

Water Division Photographic Evidence Sheet
Location:

Glass #1,2,3,4-28H from Hwy 36 off Foster Chapel Rd about 2.1 miles NE of Center Hill, AR (White
Co)
Kerri McCabe

Photographer:
Photo #

5

Of

14

Witness:
Date:

Joel Dunlap & Robert Long
06-28-12

Description:

Eroded area where high pressure & volume displaced sediment

Photographer:

Kerri McCabe

Photo #
Description:

6

Of

14

Witness:
Date:

Time:

1408

Joel Dunlap & Robert Long
06-28-12

Time:

1415

Eroded area where high pressure & volume displaced sediment; behind produced water tank

Page

8

Water Division Photographic Evidence Sheet
Location:

Glass #1,2,3,4-28H from Hwy 36 off Foster Chapel Rd about 2.1 miles NE of Center Hill, AR (White
Co)
Kerri McCabe

Photographer:
Photo #

7

Of

14

Description:

Impacted vegetation (dead)

Photographer:

Kerri McCabe

Photo #
Description:

8

Of

14

Witness:
Date:

Witness:
Date:

Joel Dunlap & Robert Long
06-28-12

Time:

1415

Joel Dunlap & Robert Long
06-28-12

Time:

1416

Impacted vegetation (dead) & discoloration of area

Page

9

Water Division Photographic Evidence Sheet
Location:

Moffitt #1,2,4,5,6-32H from Hwy 36 off Bloodworth Rd about 0.6 miles N of Center Hill, AR (White
Co)
Kerri McCabe

Photographer:
Photo #

9

Of

14

Witness:
Date:

Description:

Indication of traffic behind produced water tanks

Photographer:

Kerri McCabe

Photo #
Description:

10

Of

14

Witness:
Date:

Joel Dunlap & Robert Long
06-28-12

Time:

1435

Joel Dunlap & Robert Long
06-28-12

Time:

1433

Eroded area from high pressure & volume displacing sediment; behind produced water tank

Page 10

Water Division Photographic Evidence Sheet
Location:

Tanner #1,2,3,4-31H from Hwy 36 off Tanner Rd about 0.7 miles NW of Center Hill, AR (White Co)
Kerri McCabe

Photographer:
Photo #

11

Of

14

Joel Dunlap & Robert Long

Witness:
Date:

07-03-12

Description:

Discoloration to lease road from intentional discharge

Photographer:

Kerri McCabe

Photo #
Description:

12

Of

14

Witness:
Date:

Time:

1129

Joel Dunlap & Robert Long
07-03-12

Time:

1132

Eroded area from high pressure & volume displacing sediment; behind produced water tank

Page 11

Water Division Photographic Evidence Sheet
Location:

Barnett #1-32H from Hwy 107 off Tanyard Rd about 5.0 miles NW of Enola, AR (Faulkner Co)
Kerri McCabe

Photographer:
Photo #

13

Of

14

Witness:
Date:

Robert Long
07-09-12

Description:

Eroded area of production pad noted on a Jan. 2011 inspection

Photographer:

Kerri McCabe

Photo #
Description:

14

Of

14

Witness:
Date:

Time:

0939

Robert Long
07-09-12

Time:

0943

Eroded area of production pad noted on a Jan. 2011 inspection

Page 12

Oil & Gas Violation Summary Sheet













No Violations Noted
Placing Waste
Permitting Issues
Spills & Leaks
Turbidity (Regulation #2 Violations)
Stormwater/Erosion Issues
Notification/Reporting Violations
Unpermitted Discharges
Record Keeping/Paperwork Violations
Trash/Unauthorized Fluids in Pits
Improper Closure of Pit
Insufficient Freeboard
Poor Pit Construction
Other (Describe):

Page 13

August 22, 2012

Douglas C. Schultze
Vice President of Operations
XTO Energy, Inc.
210 Park Avenue, Suite 2350
Oklahoma City, OK 73102
RE:

XTO Energy, Inc. Response to ADEQ’s Complaint Investigation of
July 31, 2012

Dear Mr. Schultze:
I have reviewed the response pertaining to my June-July 2012 investigations of the
multiple sites self-reported by XTO Energy during their company’s personal
investigations of numerous intentional discharges occurring at XTO Energy’s leases
alleged to be the result of fraudulent & criminal activities conducted by a Third Party
contractor hired by XTO Energy to dispose of Exploration & Production wastes
generated during the drilling and completions of XTO Energy’s natural gas wells. The
information provided by XTO Energy, specifically, the timeline for submitting
assessments of impacted sites as well as formulating generic & site-specific
remediation plans is progress towards addressing the violation referenced in my
complaint investigation report.
At this time Water Division’s Inspection Branch is submitting XTO Energy’s
response to the Enforcement Branch of the Water Division for review.
Please be advised to continue to submit updates for this complaint investigation to the
Inspection Branch as XTO Energy proceeds to address the impacted sites. Acceptance
of this response by the Department does not preclude any future enforcement action
deemed necessary at these sites or any other sites.

XTO Energy
August 22, 2012
Page 2

If we need further information concerning this matter, we will contact you. Thank you for
your attention to this matter. Should you have any questions, feel free to contact me at
501-682-0642 or you may e-mail me at mccabe@adeq.state.ar.us
Sincerely,

Kerri McCabe
O&G Field Inspector Supervisor
Water Division
cc:

John Holding, ADEQ Enforcement Analyst, holding@adeq.state.ar.us
Michael Parette, ADEQ Emergency Response, parette@adeq.state.ar.us
Stuart Spencer, ADEQ Legal Division, spencer@adeq.state.ar.us
Terry Downey, XTO EHS Manager, terry_downey@xtoenergy.com
Terry Matthews, XTO Senior Production Superintendent,
terry_matthews@xtoenergy.com
Joel Dunlap, XTO EHS Coordinator, joel_dunlap@xtoenergy.com
Dr. Jarvis Harper, FTN Associates Ltd Agronomist, jh@ftn-assoc.com
Bo Smith, AOGC Petroleum Supervisor, bo.smith@aogc.state.ar.us
Special Agent Wendall Jines, Arkansas State Police,
wendall.jines@asp.arkansas.gov
Special Agent Jassen Travis, Arkansas State Police,
jassen.travis@asp.arkansas.gov

ADEQ - Inspection Details | ADEQ

1 of 2

http://www.adeq.state.ar.us/complaints/searches/p_inspections.aspx?Com...

ADEQ
Details for InspecƟon Number 067566
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InspecƟon Date:
File List:

AFIN:
Permit Number:
Media:
Name:
County:
Address:

08/17/2012
067566-INSP.pdf (/Ōproot/Pub/WebDatabases/InspecƟonsOnline/067566INSP.pdf)

1200000
WS - Water-SPB
XTO ENERGY
Cleburne
BALLEW 1-22H
210 PARK AVE, STE 2350
OKLAHOMA CITY, OK 73102

Site Phone Number:

LaƟtude:
Longitude:

35.402670
-91.950489

FayeƩeville Shale Related: Y
FayeƩeville Shale ViolaƟons: N
First LeƩer Date:
Second LeƩer Date:
Third LeƩer Date:
Response Due Date:
Response Received Date:
ERC Event Number:
AcƟon Case ID:
AcƟon Case Name:
AcƟon LIS Number:

InspecƟon Reason:
InspecƟon Status:
InspecƟon Type:
Compliance Status:
Total InspecƟon Score:

Scheduled
Completed
Compliance
In Compliance

3/16/2015 9:24 PM

ADEQ - Inspection Details | ADEQ

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General Comment:

http://www.adeq.state.ar.us/complaints/searches/p_inspections.aspx?Com...

BALLEW 1-22H PERMIT #00449-W-RB AFIN #12-00000 XTO self-reported a spill on
this site. This inspecƟon was conducted in conjuncƟon with a spill invesƟgaƟon as
a result of that report. There is NO reserve pit onsite. The locaƟon has been graded
& is establishing vegetaƟon. All chemicals &/or wastes are being stored properly
within a metal &/or plasƟc containment berm at the Ɵme of inspecƟon.
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3/16/2015 9:24 PM