Posts Tagged ‘Back Mountain Community Partnership’

By Elizabeth Skrapits (Staff Writer)
Published: August 23, 2010

DALLAS TWP. – Would local officials be powerless to stop a natural gas company from drilling a natural gas well in the middle of a housing development?

Not according to a new state court ruling, which affirms the right of municipal and county officials to limit natural gas drilling to certain districts, such as agricultural, mining or manufacturing, and out of residential neighborhoods.

“Gas drilling is here to stay, and it affects the Back Mountain region very extensively.” Attorney Jeffrey Malak told members of the Back Mountain Community Partnership as he outlined the new court decision.

Thousands of acres in the Back Mountain have been leased by natural gas companies, and Encana Oil & Gas USA Inc. is drilling the second of two exploratory natural gas wells in Lake Township.

Traditionally, local officials have limited say when it comes to natural gas drilling. Technical aspects, such as what kind of materials to use and how the well is drilled, are governed by the state Oil and Gas Act. But local officials are gaining more and more say in where wells can be drilled.

Two previous cases, Huntley & Huntley v. Oakmont Borough and Range Resources v. Salem Township (Westmoreland County) set precedents allowing local officials some leeway in regulating where natural gas companies can drill.

A third, Penneco Oil Co. Inc. v. the County of Fayette, decided in Commonwealth Court on July 22, determined the state Oil & Gas Act does not trump local zoning ordinances, and that local officials can take steps to protect the residential character of neighborhoods.

In the case, Penneco, Range Resources Appalachia LLC and the Independent Oil and Gas Association of Pennsylvania took Fayette County Office of Planning, Zoning and Community Development to court, saying they did not have to follow the county’s zoning ordinance because the state Oil and Gas Act made it invalid. The court ruled in favor of the county.

“This opens up the floodgates and says municipal zoning is not pre-empted,” Malak said.

The Penneco case allows that gas wells cannot be located within the flight path of an airport runway; that they must be at least 200 feet from a residential dwelling; and that officials can require fencing and shrubs around the well site. It also allows zoning hearing boards to impose any other provisions to protect the health, safety and welfare of residents.

Whether the Penneco case will be appealed is anybody’s guess, but it’s the law unless the state Supreme Court changes it, Malak said.

Dallas Borough already has some of the provisions in its zoning ordinance, Malak said. In Jackson Township, where he also serves as solicitor, the supervisors will put similar provisions in the zoning ordinance when it is drafted over the next couple of months, Malak said.

Dallas Township Supervisor Chairman Phil Walter asked Malak if there was a way to protect a municipality against fly-by-night operators who will leave when something goes wrong.

The case does allow for bonds, even large ones, to be put in place to protect the health, safety and welfare of residents, Malak said.

Kingston Township Supervisor Jeffrey Box asked if local officials can require a land development plan from natural gas companies. Malak said they could, and they can require special exceptions, meaning there has to be a hearing in front of the zoning hearing board to grant permission and to impose any standard planning and zoning fees.

But, he said, there are still aspects of natural gas drilling that will have to be decided in court, such as whether there can be restrictions on hours drillers can operate and whether they can be barred from using roads at certain times.

eskrapits@citizensvoice.com , 570-821-2072

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Copyright:  The Citizens Voice

A Back Mountain workshop addresses potential problems with Marcellus Shale drilling.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

LEHMAN TWP. – Back Mountain residents who attended a workshop on “Natural Gas Drilling and Drinking Water” on Thursday received a mini education on how to protect their wells from potential contamination by migrating natural gas as well as what two regulator agencies are doing to protect state waterways from the same potential threat.

Bryan Swistock, a water resources extension associate from the Penn State Cooperative Extension, presented an hour-long talk about natural gas exploration in the Marcellus Shale formation, how problems with drilling operations could potentially affect drinking water supplies, and what residents can and should do to protect them.

The program was hosted by the Cooperative Extension, state Sen. Lisa Baker, state Rep. Karen Boback, Back Mountain Community Partnership, the Susquehanna River Basin Commission and the state Department of Environmental Protection.

Swistock said about 41 percent of all private drinking water wells fail at least one water quality test, so it’s smart to test one’s well water regularly even without the threat of natural gas from drilling wells migrating into them.

Swistock said energy companies are required to test all water supplies within 1,000 feet of a drilling site before drilling so they have a baseline to compare test results if there is suspected contamination of a water supply by drilling activity. Some companies, such as EnCana Oil and Gas, which is poised to begin drilling in the Back Mountain in July, test wells within 1 mile of a drill site.

Swistock said residents should make sure the person collecting water samples works for a state-accredited lab. He said he’s talked to several people who told them the person who took samples was the same person who negotiated a land lease with them.

For folks who live outside the area in which the energy company pays for testing but want to play it safe, he said a full round of tests can cost up to $1,000. However, testing for the most common elements associated with Marcellus Shale drilling – methane, chloride, barium and total dissolved solids (TDS) – costs only about $150.

Indicators of water problems include foaming or bubbling water or spurting faucets, salty or metallic tastes, changes in water color or odor and reductions in water quantity or flow.

Also making presentations on Thursday were Michael McDonnell, a water quality specialist with DEP, and Tom Beauduy, deputy director and counsel for the Susquehanna River Basin Commission.

Copyright: Times Leader

Partnership of two energy companies lines up area covering over 25,000 acres in the Back Mountain for gas exploration.

By Jerry Lynottjlynott@timesleader.com
Business Writer

Just a few sites have been approved for natural gas drilling in Luzerne County, but a partnership of two energy companies has signed leases for more than 25,000 acres, primarily in the Back Mountain, to explore the Marcellus Shale formation that runs underneath.

Since September, Whitmar Exploration Co., of Denver, Colo., has been signing leases with property owners in nine townships and Harveys Lake borough. The company has been working with EnCana Oil & Gas USA Inc. in a joint venture to develop the properties. EnCana holds a 75 percent interest in the leases and is responsible for drilling.

Whitmar wanted to partner with an experienced operator, said Wendy Wiedenbeck, a public and community relations adviser for EnCana.

“This is what we do,” said Wiedenbeck. “We have a team working on this project that possesses deep experience gained from working on similar projects across North America.”

EnCana received approval Tuesday from the Luzerne County Zoning Hearing Board to sink a well in Lake Township and set up a natural gas metering station in Fairmount Township. In April, Lehman Township officials approved drilling for another well.

Wiedenbeck on Wednesday confirmed a map provided to The Times Leader was one EnCana prepared for the Back Mountain Community Partnership to show the extent of the leaseholds.

She cautioned that “the map is quite dated,” having been created in February. Whitmar has signed additional leases into April, according to a search of the county property database.

Wiedenbeck said EnCana’s presence will grow in the region. “As we move forward, EnCana is acquiring new leases.”

When pieced together, the leases cover large swatches of land in the largely rural northern and western sections of the county. The leaseholds range in size from under 1 acre to over 100 acres.

Fairmount Township had the most coverage with approximately 7,500 acres leased, according to the map. Lehman and Ross townships each had nearly 4,300 acres leased; Lake Township, close to 2,600 acres; Jackson Township, 2,400 acres; Huntington Township, 1,400 acres; Dallas Township, 1,300 acres; Hunlock Township, 700 acres; Union Township, 400 acres; Plymouth Township, 200 acres; and Harveys Lake, 50 acres.

The region has also attracted the attention of another major player in the natural gas industry.

Chesapeake Energy Corp. has signed 93 leases since August 2007. More than two-thirds of them were filed this year, according to county property records.

Copyright: Times Leader

A lawyer offers sample laws to Back Mountain towns concerned about drilling.

By Rebecca Briarbria@timesleader.com
Staff Writer

DALLAS TWP. – The Back Mountain Community Partnership was advised Thursday afternoon to separately pass ordinances that may help protect against gas drilling issues.

The partnership is an intermunicipal group composed of Dallas, Franklin, Jackson, Kingston and Lehman townships and Dallas borough.

Attorney Jeffrey Malak, who is solicitor of the group, explained it would be better for each municipality to enact its own ordinances rather than to pass joint partnership ordinances because each municipality has its own unique needs.

Malak provided an example of an ordinance, created by the Pennsylvania State Association of Township Supervisors and the Pennsylvania State Association of Township Solicitors, which addresses height regulations of equipment, setbacks, access roads, wells, tanks and storage.

He also furnished sample dust, noise and light pollution ordinances and a sample road bond agreement. In addition, he provided a copy of Dallas’ zoning ordinance, which restricts drilling to certain areas of the borough and deals with screening and buffering and outdoor lighting issues.

Malak said such ordinances would take in all types of businesses but cannot be specific to natural gas drilling because the Oil and Gas Act of 1984 specifies the state oversees drilling. He stressed a lot of ordinances can be incorporated to help and that the municipalities are not limited to revising their zoning laws.

“We don’t know what’s allowed, what’s not, until we try some different things&hellip.” Malak said. “It’s a very, very complicated issue and like I said, it’s not a one size fits all.”

In other news, Tom Yoniski, a representative for state Sen. Lisa Baker, announced the senator’s office has arranged a meeting regarding gas drilling to be held from 6 to 8:30 p.m. on May 13 at Lake-Lehman Junior/Senior High School.

Yoniski said Penn State University officials will give a presentation on gas drilling. He said that officials from the state Department of Environmental Protection and the Susquehanna River Basin Commission will also attend.

Also, Gas Drilling Awareness Coalition members Karen Belli and Leeanne Mazurick, both of Dallas Township, gave a brief presentation on gas drilling and its impacts on the environment and the community.

Coalition member Audrey Simpson, of Kingston Township, showed a video she created of Dimock Township residents who were negatively affected by gas drilling.

Copyright: Times Leader

The organization represents six communities in the Back Mountain area.

By Rebecca Briarbria@timesleader.com
Staff Writer

DALLAS TWP. – Members of the Back Mountain Community Partnership hope to pass an ordinance that addresses natural gas drilling issues.

The partnership is an inter-municipal group composed of Dallas, Franklin, Jackson, Kingston and Lehman townships and Dallas borough.

The group voted Thursday afternoon at Misericordia University to have their solicitor, Jeffrey Malak, perform research as to what can be done to control the drilling process.

Partnership President Al Fox said he did not want to comment as to what the ordinance may contain because he is not sure legally what can be in it.

“Whatever we can do we need to do as quickly as we can,” Fox said.

Malak said the Oil and Gas Act pre-empts local interference in gas drilling.

“I can give you some options of what some other municipalities are doing,” Malak said. “There’s not a one size fits all.”

In a related matter, the partnership shared responses from EnCana Oil and Gas Inc. on questions the public asked company officials during the January meeting.

Fox said the company answered only six of the many questions that were asked during the meeting. The responses briefly addressed issues such as the chemicals used and the prevention of cross contamination.

Tom Yoniski, a representative for state Sen. Lisa Baker, R-Lehman Township, said he can set up a public forum with Penn State University and the Pennsylvania Department of Environmental Protection to inform the public of the state’s plans to protect water quality.

In other news, the partnership approved proceeding to jointly apply for Pennsylvania Commission on Crime and Delinquency funding to purchase Tasers for each municipality’s police department. Franklin Township does not have a department and uses state police coverage, but voted to proceed with the application for the group.

Up to $10,000 is available for each municipality, said Joe Chacke, of NEPA Alliance, a nonprofit organization that provides administrative and professional services to the BMCP at no cost.

Also, Richard Heffron and Veronica Ciaruffoli, of the Luzerne County Government Study Commission, gave an overview on the status of the commission.

Rebecca Bria, a staff writer, may be reached at 970-7436.

Copyright: Times Leader

Community partnership members worry about road deterioration, water supplies.

By Rebecca Briarbria@timesleader.com
Staff Writer

DALLAS TWP. – Lehman Township Supervisor Doug Ide informed members of the Back Mountain Community Partnership Thursday afternoon at Misericordia University about the latest natural gas drilling news in the area.

The BMCP is an inter-municipal group composed of Dallas, Franklin, Jackson, Kingston and Lehman townships and Dallas Borough.

Ide attended a public information session by EnCana Oil and Gas Tuesday at Lake-Lehman Junior/Senior High School. He and the other Lehman Township supervisors have also met with EnCana representatives.

Ide says he learned WhitMar Exploration Company has leased 24,000 acres of property in the northwestern part of Luzerne County, mainly on the north side of Route 118 in Fairmount, Ross, Lake and Lehman townships.

“The gas drilling is going to be here in the Back Mountain,” said Al Fox, BMCP president. “I thought it was quite alarming to hear the other day that 800 people signed up.”

According to Ide, EnCana, which will do the drilling, hopes to form two exploration wells in the county – one in Fairmount Township and one in Lehman Township – if they receive the required permits. The wells will prove whether there is natural gas in the area.

Ide says EnCana is willing to bond any road the township requests. Road deterioration and traffic from heavy trucks and machinery has been a common concern among the BMCP.

“We’re going to set some conditions on some roads we do not want traveled, specifically Old Route 115, Hillside Road,” Ide said.

BMCP officials decided to invite representatives from EnCana to speak at the group’s January meeting.

In February, the BMCP will invite back Brian Oram, a geologist and Wilkes University professor, to discuss what the municipalities should do to safeguard their drinking water and other issues related to drilling.

Oram spoke at the BMCP’s September meeting and briefly touched on water’s involvement in natural gas drilling.

In other news, the BMCP approved each member municipality to contribute $300 each to the group’s proposed 2010 operating budget. The budget is to cover general government administration costs.

Copyright: Times Leader