Residents Appeal to County for Help With Noise Clash
Residents of the Colony Oaks Subdivision near Fayetteville petitioned the Fayette County Commissioners Court for help resolving a noise dispute with Magnolia Oil and Gas. Several residents from the subdivision spoke at the Commissioners Court meeting last Thursday, April 27.
Magnolia operates a natural gas compressor near the subdivision on Leslie Rd. The compressor runs day and night. One of the residents, Cliff Heintschel, says he can no longer sleep in his bedroom that faces the compress due to the noise.
Steven Cain, a resident of Colony Oaks, said he and his wife bought their property in 2006 and moved to their property in 2008. In 2019, Magnolia drilled a well on neighboring property that lies about 560 feet from the Cains’ home. The company later installed a compressor at the site.
“We are patriotic Americans who believe in energy independence and we are not radical environmentalists nor anti-fracking,” Cain told the Commissioners. “But we all bought our property for the peaceful lifestyle afforded in rural Fayette County.”
After the compressor noise began, Cain said he and his neighbors asked Magnolia to quiet the compressor.
“After some time, Magnolia Oil and Gas began to construct a barrier around three sides of the compressor,” Cain said. “The barrier consisted of corrugated sheet metal suspended from metal poles and then sprayed with expanding foam. The height of the walls did not even exceed the height of the compressor engine muffler. This attempt was less than a band-aid to address the problem that required major surgery.”
“That wall is insufficient,” said Don Mendel, another resident of Colony Oaks. “There are several things that can be done. There are exhaust silencers that they could put on there, air intake filters, sound muffling foam. Or the other option is they could remove the compressor and put a compressor farther down the pipeline.”
Colony Oaks resident Girard Howard said he would not likely be able to sell his home if he put it on the market due to the noise.
“Each one of our homes, the value has been diminished,” said Howard, who works as a real estate agent. “How can I measure that? As a licensed real estate agent in the State of Texas, it’s my fiduciary responsibility to my buyers and clients to inform them that these houses are within 500 feet of a gas well, a flaring station and a compressor. I ask you today, if I was to take you to that location and you heard those noises, how would you react? You would tell me you’re not interested in that house, and quite frankly, you wouldn’t even want to go see that house. It’s really a quandary for us.”
“We are asking you to use your voices and speak out for us,” said Howard’s wife Lisa. “Please, we plead with you to communicate with Magnolia on our behalf to try to resolve this serious problem for us. I think we all agree that we have the right to our homes to be a place where we can relax and enjoy peace and solitude.”
County Inspector Clint Sternadel oversees property regulations in Fayette County. Sternadel was away attending a conference, but he submitted a statement outlining the County’s role in regard to noise pollution. Unfortunately for the residents, Sternadel said the County does not have any authority to regulate noise in the unincorporated areas.
“I contacted the legal team at the Texas Association of Counties and was advised the County has no statutory authority to regulate light or sound at the County level,” Sternadel said. “These issues are only allowed to be regulated by cities and municipalities within their city limits.”
Furthermore, Sternadel said he inquired with the Texas Railroad Commission about state regulations in regard to noise at oil and gas sites. He said the Railroad Commission also has no authority to regulate sound at the compressor site. Sternadel said he also spoke with officials from Magnolia Oil and Gas, who reported spending $60,000 to $70,000 on noise suppression at the site.
“When situations arise where individuals feel their rights or property have been damaged by the actions of another party, and there are no county regulations applicable to the activity, such situations are addressed in civil court,” Sternadel said.
Pct. 1 Commissioner Jason McBroom said Fayette and other counties may wish to petition the State Legislature for the authority to regulate noise.
Colony Oaks lies within Pct. 2, and County Judge Dan Mueller said he and Pct. 2 Commissioner Luke Sternadel would personally visit Magnolia to express the County’s concerns about the noise.
“I can’t promise you that help is on the way, but I assure you that the Commissioners Court will do everything we can to help you,” Mueller said.
Commissioners plan to hold a workshop this week to discuss possible changes to the County’s land use regulations. Mueller said noise and nuisances would be part of the discussion.