Posts Tagged ‘Bradford’

By Steve McConnell (Staff Writer)
Published: August 16, 2010

Although a natural gas drilling ban is in effect for much of Wayne County, one company is lining up permits for what may become the county’s first producing wells – in a small area just a hop across the Delaware River watershed boundary.

Hess Corp. has natural gas development permits either pending or recently approved for at least six hydraulically fractured Marcellus Shale wells along the county’s far northwestern border, according to state Department of Environmental Protection and Susquehanna River Basin Commission records.

Nearly all of the county lies within the Delaware River watershed, a vast 13,539-square-mile area that drains into the Delaware River. But this sliver in its far northern reaches is in the Susquehanna River watershed. There, the presiding Susquehanna River Basin Commission has granted hundreds of water-use permits to the burgeoning industry centered regionally in Susquehanna and Bradford counties.

Hess, which has leased at least 100,000 acres in northern Wayne County in a joint-development partnership with Newfield Exploration Co., had received regulatory approval from both the Susquehanna River Basin Commission and DEP for three Marcellus Shale wells in the Susquehanna watershed as of Saturday, according to a record review.

The permits were issued in late June and July. The pending and approved wells are concentrated in an area that encompasses Scott and Preston townships and Starrucca. The company will be “drilling and hydraulically stimulating one or more horizontal natural gas wells,” according to each permit application.

“An accounting of how (the companies) are going to use the water” is made before the commission decides to issue a permit, Susquehanna commission spokeswoman Susan Obleski said.

Efforts to reach officials with the New York City-based Hess Corp. were unsuccessful.

Drilling in Wayne County’s portion of the Delaware River watershed is a different story.

The Delaware River Basin Commission recently enacted a moratorium on the drilling of producing natural gas wells, which may be in effect for at least six months to a year. Meanwhile, Wayne County does not have a single producing well, nor has it seen any wells hydraulically fractured.

The only natural gas company that has attempted to hydraulically fracture a Marcellus Shale natural gas well in Wayne County, Lafayette, La.-based Stone Energy Corp., was issued a stop-work order in the summer of 2008 for its partially completed well in Clinton Twp. because it lacked a permit from the Delaware River Basin commission.

The Delaware River commission, a federal-state environmental regulatory agency charged with protecting the environmental integrity of the watershed, has stringent jurisdiction over the watershed and over natural gas drilling operations there.

It has placed a blanket moratorium on natural gas drilling until it develops its own industry regulations which are expected to exceed some DEP enforced laws.

“(Delaware) River Basin Commission consideration of natural gas production projects will occur after new … regulations are adopted,” said spokesman Clarke Rupert.

Mr. Rupert said draft regulations are expected to be published by the end of the summer. They will be followed by a series of public meetings and comment periods prior to final approval by commission vote.

“I expect those draft regulations will include provisions relating to the accounting of water movement since we would want to know the source of water to be used to support natural gas development and extraction activities in the basin,” Mr. Rupert said.

Meanwhile, the Delaware River commission is allowing 10 natural gas exploratory wells to go forward in Wayne County. They will not be hydraulically fractured, produce gas, or require much water. Hess Corp. and Newfield Exploration Co. received approvals for these wells from DEP prior to the June 14 moratorium.

Contact the writer: smcconnell@timesshamrock.com

View article here.

Copyright:  The Scranton Times

By Andrew M. Sederaseder@timesleader.com
Times Leader Staff Writer

Victoria Switzer watches the trucks, at least 100 of them she estimates, ramble past her Dimock Township home every day. They go back and forth from the Cabot Oil and Gas drill sites, hauling equipment, waste water and materials.

She worries what would happen if there was a spill, if the operator wasn’t properly licensed, if the truck wasn’t mechanically sound.

For years she’s been calling state officials and complaining about their speed, their actions and what she saw as violations. Last week some agencies heeded the call of Switzer and others like her and made a concerted effort to send a message to the truck operators that though they are permitted to operate, they need to do so legally.

During a three-day enforcement effort last week that focused on trucks hauling waste water from Marcellus Shale natural gas drilling operations across the state, the state police placed 250 commercial vehicles out of service.

State Police Commissioner Frank E. Pawlowski said state troopers worked in partnership with personnel from the Department of Environmental Protection, the Pennsylvania Public Utility Commission and the federal Motor Carrier Safety Administration as part of Operation FracNET.

In total, 1,137 trucks were inspected from June 14-16.

“Pennsylvania has experienced significant increases in heavy truck traffic in areas where Marcellus Shale natural gas drilling operations are taking place, particularly in Bradford, Clearfield, Susquehanna, Tioga and Washington counties,” Pawlowski said. “The process of hydraulic fracturing, or fracking, requires significant amounts of water to be delivered to the sites and later trucked away.”

He said the enforcement effort centered on identifying commercial vehicle safety deficiencies that could lead to crashes. Pawlowski said 131 of the 250 vehicles placed out of service were trucks hauling waste water. He said 669 traffic citations and 818 written warnings were issued as the result of waste water truck inspections. In addition, 23 of the 45 drivers placed out of service during the operation were waste water vehicle operators.

“As activities at natural gas sites continue to increase, it is important that everyone involved, including the waste transportation industry, understands Pennsylvania’s environmental and traffic safety laws and complies with them,” said DEP Secretary John Hanger.

“Cracking down, I’m thrilled to see it,” said Switzer, who is one of a dozen property owners in the Susquehanna County township that have had their well water polluted by oil drilling. “Better late than never.”

Mark Carmon, spokesman for DEP’s Northeast Regional office, said that three trucks were cited in Susquehanna County out of the 30 that were stopped. Two of the trucks were not carrying Prevention Preparedness Contingency plans, which list what chemicals are being hauled, emergency contact numbers in case of a spill and plans for cleanup. One of the trucks did not have proof of waste hauling certification, and one truck did not have its waste log book listing what it was hauling and from and to where.

Carmon said the operation provided “a good opportunity to check these trucks” and said it will be an ongoing measure.

Lt. Myra A. Taylor, a state police spokeswoman, said a decision was made to “make a concerted effort to blitz these particular areas,” in part, because of concerns raised by residents.

“I applaud the citizenry,” Taylor said. And she echoed Carmon’s comments that these inspections will not be a one-time event.

“We will be ever vigilant,” she said.

State Rep. Karen Boback, R-Harveys Lake, praised the offices involved in the operation.

“I applaud our state agencies and the state police for working together to monitor frack water hauling operations. It is vital that we continue to scrutinize every phase, aspect and offshoot of the drilling process, and I encourage law enforcement to persist in efforts to root out those operators who are not acting in accordance with Pennsylvania laws and potentially endangering the lives and health of Commonwealth residents, along with our environment,” she said.

Taylor said the truck violations found ran the gamut mechanical issues to overweight trucks. Driver citations included drivers operating without a proper license and drivers who were operating without enough rest or working too many hours in a day.

A list of what trucking companies were cited was not available by the state police or DEP.

A statement from the executive director of the Marcellus Shale Coalition, a pro-drilling organization, said steps have been taken and will continue to be taken to reduce gas-related truck traffic.

Copyright: Times Leader

BY JEREMY G. BURTON (STAFF WRITER)
Published: June 24, 2010

Pennsylvania authorities found environmental and safety violations on more than 130 trucks hauling wastewater from natural gas wells during a three-day enforcement blitz last week, the state Department of Transportation said Wednesday.

Overall, officials inspected 1,137 trucks between June 14 and 16 during the multi-agency operation, which was focused on Marcellus Shale drilling sites. Of the 210 commercial vehicles ordered out of service for violations, 131 were transporting wastewater used in the process called hydraulic fracturing.

The added enforcement has been made necessary by the growing gas industry’s heavy truck traffic, especially in rural counties, state police Commissioner Frank E. Pawlowski said in a statement.

Also participating was the state Department of Environmental Protection, the Pennsylvania Public Utility Commission and the federal Motor Carrier Safety Administration.

In Troop R – which covers Lackawanna, Pike, Susquehanna and Wayne counties – officials shut down 25 vehicles and issued 141 citations during 142 inspections.

Sixty-six vehicles were shut down and 358 citations issued in 166 inspections within Troop P, which covers Bradford, Sullivan, Wyoming and part of Luzerne counties.

One hundred nineteen vehicles were shut down in western and central Pennsylvania.

Inspectors especially looked for safety deficiencies that could lead to crashes, authorities said.

Contact the writer: jburton@timesshamrock.com

View article here.

Copyright: The Scranton Times

Chief to offer “substantial” cash, says solicitor, who wants to see land involved, right-of-way agreement.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

and Rebecca Briarbria@timesleader.com
Staff Writer

DALLAS TWP. – An oil and natural gas company has asked township officials if it can lay pipeline underneath township property in return for money.

Two officials from Chief Oil and Gas attended the supervisors meeting Tuesday evening in search of an answer as to whether they can lay pipeline under a parcel of township-owned land.

Supervisor Glenn Howell said the land is along a gravel road off the Old Tunkhannock Highway. The gravel road leads to a Little League field and some other things, he said.

Township solicitor Thomas Brennan confirmed the company is offering “a substantial amount” of money to the township to lay the pipeline, though Brennan would not disclose the amount.

Brennan said there is no question about the legality of allowing the company to lay the pipe underneath township land. However, he said he first wants to take a look at the land to know what is involved.

The officials from the company also are wondering what they would have to do if they wanted to lay pipe under or along the township’s right-of-way. They said more than 20 miles of pipeline is planned coming from the north and terminating east of Dallas High School.

Brennan asked if the officials could provide a copy of the agreement they have with the Pennsylvania Department of Transportation regarding their right-of-way usage. Brennan told the officials that he would have more information for them at the next supervisors meeting on July 6.

Earlier on Tuesday, township Zoning Officer Len Kozick said he’s heard from property owners in the township that they are being offered right-of-way agreements as well. And at least one agreement has already been signed.

According to Luzerne County property records, Leonard DeLeur, who owns Back to Basics – a fireplace and stove shop in Dallas – leased a 50-foot right-of-way along the edge of his 24-acre property in the township.

DeLeur said Chief offered him $20 per foot of pipeline laid on his property.

Kristi Gittins, vice president, Chief Oil & Gas, said a definite path has not been chosen for a pipeline, and one won’t be chosen until wells are drilled. She said no imminent drilling is planned for Luzerne County; the company’s next two wells will be drilled in Sullivan and Wyoming counties.

Josh Longmore, director of the Luzerne Conservation District, confirmed that drilling is slated to begin on his father’s land in Monroe Township, Wyoming County, in mid-July. His father, Robert Longmore, has a lease allowing Chief to drill on his 97-acre farm near Noxen Township.

Chief, which has 75 wells drilled in 10 counties, has wells in Lycoming, Bradford and Susquehanna counties that are producing gas, but there’s currently no way to get it to market. Gittins said gas is going to market from only about half of Chief’s wells in the Northeast because it takes a while to build a pipeline infrastructure where none previously existed.

Gittins said it costs about $1 million a mile to lay pipeline. And lease holders don’t see any royalty money until the gas gets to market.

Gittins said that Chief is selectively seeking leases in Luzerne County, but only in the area of currently leased land, she said. The company has leased a few properties in Fairmount Township. The Dallas, Texas-based company has 650,000 acres leased in Pennsylvania and West Virginia, she said.

In other business, supervisors awarded a bid for a paving and drainage project on Main and Campground roads to Popple Construction, the lowest bidder, at $147,530 for Main Road and $56,642.33 for Campground Road.

Supervisors Vice Chairman Frank Wagner previously said the project will consist of paving Main Road from the Kingston Township line to Route 309, as well as all of Campground Road.

Also, George Stolarick, who said he has lived on Ridge Street for the past 45 years, asked the supervisors to consider paving his road. Stolarick said that although there are only three houses on his road, eight families use the road to access their homes.

But, Supervisors Chairman Phil Walter said “it’s not in the cards right now.”

Rebecca Bria, a Times Leader staff writer, may be reached at 970-7436. Steve Mocarsky, a Times Leader staff writer, may be reached at 970-7311.

Copyright: Times Leader

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

Doug Ayers has never been one to take the easy way out, and his fellow directors on the board of the Lands at Hillside Farms are following his lead.

While much of the land surrounding the Lands at Hillside Farms has been leased for natural gas drilling into the Marcellus Shale a mile below, the board is refusing to lease any part of the nonprofit organization’s 412 acres in Kingston and Jackson townships.

“The easy route would have been to take millions of dollars to fix those greenhouses and the barn roofs and pay off our debt,” Ayers said last week while sitting under some shade trees outside the farm’s dairy store.

“The more honorable route is to work hard and go to the public because the public owns this place, and we expect them to step up to the plate,” he said.

A veterinarian and chairman of the board of the Lands at Hillside Farms, Ayers said the board agreed “to not engage the gas companies for drilling in the foreseeable future because we don’t consider it safe for the land that we’ve been entrusted with, or safe for our neighbors.”

Chet Mozloom, executive director of the farm, said he “got blitzed over a two- or three-week period with calls from people who must have thought we signed (a lease) for some reason – I don’t know why – and they expressed their disappointment.”

“They were terrified of the impact, and this was before the Clearfield well explosion. They were afraid of Huntsville or Ceasetown (reservoirs) getting destroyed because that’s where their water is coming from,” Mozloom said.

Ayers said the potential for catastrophe is too great to agree to sign a lease.

“The proof is in your newspaper – the reporting that you’re doing on the (oil leak in the) Gulf, on the (gas well) explosion in Clearfield County, the spills in Dimock, the contamination of the well water in Dimock (caused by methane gas migration), the woman in Dimock who flushed her toilet and it blew the back of her house off,” Ayers said.

“And we’re trying to give people food here,” Mozloom added, “so it’s a whole different game if this soil gets ruined. I mean, just imagine Clearfield happening right next to the Huntsville Reservoir. If that happens, it’s over.”

Hillside keeps to mission

It was January 2005 when Ayers met with the Conyngham family, who owned the farm since 1891, to pitch the idea of selling it to the public with a mission to promote organic, sustainable agriculture, resource conservation and historical preservation.

An agreement was struck and the new organization raised about $2 million in private donations and public grants, secured a roughly $2 million loan from Luzerne Bank and bought the farm for $4.058 million last fall.

The plan is to use revenue from self-sustaining micro-enterprises, such as the dairy store, a restaurant serving locally grown fare, a bed and breakfast that would double as a rentable site for private functions, a colonial living-history museum and educational facilities pay off the loan and produce enough revenue to keep the farm operating.

Ayers said the property is one contiguous block of 412 acres including farmland, pasture, more than 36 buildings and 200 acres of forest. “We’re desirable (to the gas companies) because we’re (one) large chunk,” he said.

And while the board of the Lands at Hillside Farms wouldn’t even listen to a proposal from a gas company, the board of another local nonprofit that Ayers helped found 17 years ago did.

Ayers said the board of the North Branch Land Trust, of which he is still a member, was most recently offered a $4,000-per-acre bonus payment and a 20-percent royalty for a non-surface disturbance lease.

“That means no well drilling on the property. The Land Trust will not allow well drilling on the property for sure, and we’re not entertaining any leases now because we’re not comfortable,” Ayers said.

More information needed

Ayers believes the boards of both nonprofits would support more stringent legislation for the gas and oil industry, but he doesn’t believe a proposed 2,500-foot buffer zone between well sites and water sources is adequate because “we’re in an experimental phase. &hellip We don’t know what’s going to happen. It’s all new to the geology of this area.”

In fact, Ayers said, he’d like to see a moratorium on drilling in the Marcellus Shale “until it’s proven to be much, much safer than it is right now.”

Some Land Trust board members are more comfortable with the gas industry than others, Ayers said. So it’s possible that in the future, “if the industry proved itself to be very, very safe and didn’t harm the people downstream and the environment, I think the board may go for that,” he said of allowing horizontal drilling far below the land’s surface. “But not now.”

The Land Trust owns about 700 acres, the majority of which is an approximately 667-acre tract north of Tunkhannock in Wyoming County. The remainder lies in seven other counties, including Luzerne, Sullivan, Susquehanna, Bradford, Wayne, Lackawanna and Columbia.

Ayers said the trust has been offered large amounts of money to lease the large tract because it’s near the Trans-Continental pipeline, “which makes it very desirable to the (gas) companies. They call us regularly,” he said.

Ayers said it would be “tempting” for the board to sign a lease because “all nonprofits need to survive, and &hellip it would allow us to perform our mission better.” He said the board recommends that people considering a gas lease should call the trust “because they’re very educated about it, they know all about this and they would guide them.

“They would prefer that people not drill on their property and do only subsurface drilling if anything. And frankly, they would prefer that the people wait to learn more and allow the industry to mature and prove itself. And they’re exemplifying that by their own decisions regarding the land they own themselves. It’s pretty hard to turn down the amount of money they’re talking about – it’s millions and millions of dollars,” Ayers said.

Ayers – man on mission

Ayers stressed that the trust and the Lands at Hillside Farms are two separate and unrelated entities. “The mission of the Land Trust is to conserve open space. It’s more of a land-related, conservation-related mission. The purpose of this facility – the Lands at Hillside farms – is to teach sustainable ways of life, or, in other words, to help people make decisions that are healthy for them, their community and the world.”

If Ayers could say one thing to area land owners, “love thy neighbor I think is what I would say, and consider them in your decisions, because they won’t be able to leave as easily if a catastrophe were to happen.

“The principles upon which this country was created rely upon giving more than taking. I mean, Aristotle, when he and his gang created democracy 2,500 years ago, said democracy is the best form of government, but it can only exist in the face of virtue. I’m not sure how long democracy can last when people are willing to risk their neighbors’ safety and welfare for money,” Ayers said.

Ayers said he thinks many people in the area are disappointed, and not just because of the ongoing corruption scandal in Luzerne County in which 30 people – including three county judges – have been charged by federal agents over the past 18 months.

Seeing neighbors signing gas leases, Ayers said, “is just another example of how people might get discouraged because they see people being selfish, they see people not caring for one another. How could the government possibly have allowed this to have occurred here without better regulation? It makes no sense,” Ayers said.

“But again, everything that goes wrong is the people’s issue. I mean it’s the people who run this place. It’s easy to say it’s the politicians and the oil companies and everybody else, but the reality is that it’s us. We are the ones responsible for all of this going on. And if we stand around and watch it, then maybe we deserve what we get.”

Steve Mocarsky, a Times Leader staff writer, may be reached at 970-7311.

Copyright: Times Leader

STEVE MOCARSKY smocarsky@timesleader.com

An attorney and a gas company land man warn that attractive lease offers from energy companies might not always be as generous as they seem.

Kit Akers, lead land man for new ventures at EnCana Oil & Gas, said other natural gas companies could come in throwing around relatively large bonus money offers to Luzerne County landowners if EnCana’s exploratory drilling is successful in Fairmount and Lake townships.

“Sometimes people get blinded by bonus money and aren’t always thinking about protecting themselves in the long run,” Akers said.

Luzerne County landowners might be experiencing bonus envy, considering that gas companies in Susquehanna and Bradford counties are offering $5,000 to $6,000 per-acre bonuses for drilling rights leases while EnCana is offering $2,500.

But Akers said the value of drilling rights in Luzerne County will increase if EnCana’s exploratory drilling is successful.

“Just the very fact that (EnCana’s acquiring state) permitting for the wells made the area more attractive to competition; that alone increases the potential value,” Akers said.

But Akers said landowners should consider more than just the bonuses and royalties offered in exchange for drilling rights.

“The WhitMar (a company EnCana has purchased leases from) lease form is very friendly to landowners. The lease is 14 pages long and loaded with surface protections, generous well location fees and other benefits to landowners. Other leases can be as short as two pages and include none of these protections. People sometimes get blinded by the money offered on the front end for a lease that is not worth as much to them,” Akers said.

Garry Taroli, an attorney with the Wilkes-Barre law firm Rosenn Jenkins & Greenwald, has been representing landowners in lease negotiations for about three years.

“The leases have become more friendly to property owners. With competition comes more benefits from the property owners’ point of view,” he said.

Many newer leases require minimum setbacks from structures and water sources, extra payments for damaged timber, reimbursements for harm to water or land and testing of water before, during and after drilling activities – paid for by the gas company, Taroli said.

Taroli advised that landowners at least have a lease reviewed by an attorney before signing it.

Some leases he’s seen contain language that could be a headache for landowners. While most leases set specific time limits for drilling, one lease he saw allowed a gas company to drill “for so long as gas could have been produced on the property.”

That term, Taroli said, “could be until doomsday.”

Jeffrey Nepa, an attorney with Nepa & McGraw in Carbondale and Clifford, said he’s happy to see property owners communicating on Internet forums to try to stay informed about lease issues.

“It’s nice to see people pooling their resources together to battle against the gas companies,” Nepa said.

“We live in the age of information. … We see that the gas companies are controlling the information. And a lot of times we see them put out misinformation. But at the end of the day, it comes down to caveat emptor – buyer beware.”

Steve Mocarsky, a Times Leader staff writer, may be reached at 970-7311.

Copyright: Times Leader

EnCana is currently signing standard leases giving Luzerne County landowners $2,500-per-acre bonuses.

STEVE MOCARSKY smocarsky@timesleader.com

The value of land leases with natural gas drilling companies has been climbing in counties to the north, but whether that happens in Luzerne County will depend on the results of exploratory drilling scheduled to begin this summer.

Natural gas exploration companies are now offering leases in Susquehanna and Bradford counties with up-front per-acre bonuses in the $5,000 to $6,000 range and royalties as high as 20 percent, said Garry Taroli, an attorney with Rosenn Jenkins & Greenwald representing area landowners.

Late last month, natural gas producer Williams Companies bought drilling rights to 42,000 net acres in Susquehanna County from Alta Resources for $501 million, placing the lease value on that land at nearly $12,000 per acre.

So people like Edward Buda, who owns land in Fairmount Township on which the first natural gas well in Luzerne County will be drilled in July, might be feeling some lessor’s remorse, given that they agreed to comparatively paltry up-front bonuses for the first two years of the lease term.

When Buda, 75, of Ross Township and his late brother and sister-in-law were in negotiations with WhitMar Exploration Co. early last year, they, like many others, agreed to bonus payments of $12.50 per acre each year for the first two years of the lease. The bonus increases to $2,500 for the third year.

However, if drilling begins on or under a landowner’s property before an anniversary date of the lease, any bonus payments for subsequent years become null and void and the royalty provision of the lease kicks in. So, if the drilling that is to begin next month on Buda’s property is successful, he likely won’t ever see that $2,500-per-acre bonus but will receive much larger royalty payments.

Since Buda’s lease was negotiated, WhitMar sold most of the company’s interest in the leases to EnCana Oil & Gas (USA) Inc.

EnCana is currently signing standard leases giving Luzerne County landowners $2,500-per-acre bonuses – $1,000 the first year of the lease and $1,500 the second year, according to EnCana’s Group Lead for Land (New Ventures) Kit Akers.

Some landowners who signed the same type of deal with WhitMar as Buda believe they’ve been treated fairly.

Michael Giamber, 57, of Fairmount Township, lives about 2 miles from the Buda drill pad. While the Budas negotiated their lease on their own, Giamber joined a consortium of landowners who negotiated a deal with WhitMar in 2008 for bonuses of $12.50 per acre each year for the first two years of the lease, $2,500 per acre for the third year, and a 20-percent royalty on all gas produced.

“It was in the middle of a recession and leasing had pretty much stopped except in Dimock. We essentially partnered with WhitMar,” Giamber said.

In exchange for landowners accepting the initially small incremental bonus payment arrangement, WhitMar promised to do seismic testing of the leased land and partner with a company that would handle the drilling and secure permits for one to three exploratory wells in the county within two years.

“I signed on not because of the bonus, but because of the 20-percent royalty and because if they did not drill one to three wells after two years, we’d be free agents again,” able to renegotiate for better terms, Giamber said. “Because we were in a recession, what did we have to lose?”

“A lot of older people would rather more up-front money, and I can appreciate their position,” Giamber said.

Jeffrey Nepa, an attorney with Nepa & McGraw in Carbondale and Clifford, believes people who signed leases early for smaller bonuses were either “more desperate and needed money or were misinformed about what the extent of (drilling in the Marcellus Shale) was. Some people have had buyer’s remorse, so to speak, regretful that they signed and wanting to get out,” Nepa said.

Nepa said he’s seen bonus money increase, dip back down, “and now it’s creeping back up again. And it appears that landowners “who held out, so to speak, are the ones that are rewarded with the largest contracts. In the Barnett Shale (in Texas), I’ve heard of property owners getting in excess of $20,000 per acre, and they were the ones who held out.”

Gas companies normally drill in 640-acre blocks of land. So people with a larger tract of land are better off holding out for better lease terms, Nepa said.

On the other hand, those who signed leases earlier are now the ones who will see royalty payments kick in much sooner than anyone else, because they will be the first to have wells drilled, said Robert Schneider, 39, of Fleetville, Lackawanna County.

Schneider joined a landowner consortium that negotiated leases with a $2,100 bonus and an 18-percent royalty in 2008 with Exco Resources, and he’s glad he didn’t hold out for more.

“Two years have gone by and I have three years left. … There’s a risk if you wait,” Schneider said, speculating that implementation of more rigorous and costly government permitting requirements, the establishment of a severance tax or finding insufficient or no gas in his area are all reasons that companies might pull out and stop leasing.

EnCana’s Akers backed up what Giamber and Schneider had to say. “People who leased earlier put themselves in a position to most likely have their land drilled earlier,” she said.

And Akers said, if WhitMar had not been able to secure leases at relatively low cost to the company, exploration in Luzerne County might not have begun as soon as it has.

“Because these people leased early to WhitMar, WhitMar was able to build a large position of leases that allowed for horizontal drilling. That’s what got a company like EnCana interested in coming to Luzerne County. If we had not seen a consolidated lease position, it’s unlikely WhitMar would have gotten a company like EnCana to come in … It was possible that the $12.50 offer was the only offer those people would ever get,” she said.

Akers also believes that the reason landowners in Susquehanna and Bradford counties are being offered much higher bonuses is because hundreds of wells have been drilled there and natural gas extraction has proven successful.

“Luzerne County, on the other hand, is really on the frontier. There’s no way to know if shale within a geographic region will produce any gas or enough gas to make drilling profitable without actually drilling wells. There have been no wells drilled in Luzerne County, so that’s the reason why there’s a difference in lease prices between Luzerne County and other counties,” Akers said.

If wells on Buda’s land and a site in Lake Township don’t produce any gas or at least enough of it to make drilling there worthwhile, land lease values in Luzerne County could drop to zero, Akers said.

If the wells do produce significant amounts of gas, however, competition for drilling rights will definitely heat up, Akers said, and with it the price.

Steve Mocarsky, a Times Leader staff writer, may be reached at 970-7311.

Copyright: Times Leader

Citing crime rise, truck-damaged roads, Rendell eyes fee. Drillers argue economic benefits ignored.

STEVE MOCARSKY smocarsky@timesleader.com

Pennsylvania’s state police commissioner on Monday raised concerns about an increase in crime associated with the natural gas industry, including the failure of some sex offenders employed by drilling companies to properly register in the state.

 Gov. Ed Rendell’s office cited those crime problems as well as road damage caused by overweight and unsafe trucks serving the natural gas industry as just two reasons a state severance tax should be imposed on the industry.

In a press release from Rendell’s office in Harrisburg, state police Commissioner Frank Pawlowski reported more arrests and incidents involving drugs, assaults and illegal weapons in northern Pennsylvania, where much of the drilling into the Marcellus Shale is taking place in the state.

“More and more, it seems the police reports coming out of the northern tier include arrests because of drug use and trafficking, fights involving rig workers, DUIs and weapons being brought into the state and not registered properly,” Pawlowski said.

“We’ve even encountered situations where drilling company employees who have been convicted of a sexual assault in another state come here to work and do not register with our Megan’s Law website. Each of these issues is unacceptable and places an even greater burden on our law enforcement and local social programs meant to help those in need,” he said.

Another aspect providing additional challenges to troopers working in the northern tier are overweight and unsafe trucks, Pawlowski said.

Pennsylvania Department of Transportation Secretary Allen D. Biehler said hundreds of miles of secondary roads in the northern tier have been damaged or made impassable because of heavy truck traffic associated with drilling activities. And while drilling companies have committed to repairing roads they use, Biehler said, their efforts have not kept pace with the damage in a number of cases.

“In a few cases, such as in Bradford and Tioga counties, we’ve had to close roads and revoke a drilling company’s permit to use those roads because repairs were not made in a timely manner. The condition of some of these roads has made travel a safety concern,” Biehler said.

PennDOT has ordered drilling companies to post bonds for 1,711 miles of roads, and that number is expected to double this year. Drilling companies have posted $16.1 million in security for bonded roads.

Pawlowski attributed much of the road damage to overweight trucks serving the gas industry. He cited a Feb. 9 enforcement effort in Susquehanna County that found 56 percent of 194 trucks checked were found to be over the weight limit. Fifty percent of those trucks were also cited for safety violations.

“These trucks are large and heavy, so for the sake of those drivers sharing the road with them, it’s important that they follow the law,” Pawlowski said. “We’re monitoring these roads closely and targeting areas where we know drilling-related traffic is heaviest, but it’s still important that anyone witnessing unsafe behavior on the part of drilling companies or their drivers report it to the state police.”

Pawlowski and Biehler both said the state and local governments need additional resources to address the problems that have accompanied the arrival of drilling companies.

Rendell has proposed a severance tax, which he says will ensure that the industry “pays its fair share and helps support the programs and services the state, counties and municipalities must provide to accommodate their presence.”

Under Rendell’s plan, the state would take in about $1.8 billion during the next five years, with $180 million of that being shared directly with local governments in areas where there is drilling activity. Local governments could then use those funds to repair roads and other infrastructure, bolster local law enforcement efforts or provide programs to help those in need.

A representative of Energy in Depth – an organization representing natural gas and oil producers – says state officials are ignoring the economic benefits of the industry when considering the severance tax issue.

“There used to be a time, and it probably wasn’t too long ago, when states were thankful for industries that found a way to create tens of thousands of new jobs and billions in annual revenue – especially during a deep recession,” Chris Tucker, a spokesman for Energy In Depth, said in an e-mailed response.

“If this is the way that state administrators show their thanks for bringing enormous economic opportunities to the Commonwealth, they sure have a funny way of showing it,” Tucker said.

Tucker also believes Pawlowski is using too broad a brush to paint an unfair picture of natural gas industry workers.

“The explicit suggestion by the state police that all natural gas workers in the state are a bunch of common criminals is especially reproachable and should be retracted and apologized for immediately,” Tucker said.

Copyright The Times Leader

Bill would have rollback taxes assessed only on land impacted by wellhead permanently.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

Luzerne County Assessor’s Office Director Tony Alu still doesn’t know how Marcellus Shale development on land with “Clean and Green” designation will affect the land’s tax status.

“We don’t have a clear-cut plan yet. … I’m turning over every stone to get as much information as possible. We won’t be doing anything until I’m sure what our options are,” Alu said Monday.

Clean and Green is a program authorized by state law that allows land devoted to agricultural or forest use to be assessed at a value for that use rather than at fair market value.

The intent of the program, which is administered through county government, is to encourage property owners to retain their land in agricultural, open-space or forest-land use by providing real estate tax relief.

Property owners benefit through lower taxes as long as their land isn’t used for housing developments or other uses inconsistent with agricultural production, open-space or forest-land use.

If a property owner decided to use the land for a purpose inconsistent with the program, the landowner would have to pay “rollback taxes” – the difference between fair market value and use value of the land – for as many years as the property had been designated Clean and Green, up to a maximum of seven years.

Although it’s a state-authorized program, with maximum use values set annually for each county by the Department of Agriculture’s Bureau of Farmland Preservation, the bureau offers no guidance on how drilling for natural gas on a Clean and Green parcel would affect the tax status.

“The (state Farmland and Forest Land Assessment) Act is silent in that regard, so it’s left up to each individual county how to address it,” said bureau director Doug Wolfgang.

However, Wolfgang said, in March 2009, state Sen. Gene Yaw, R-Loyalsock Township, introduced a bill that would amend the act, allowing for natural gas drilling on Clean and Green land, with rollback taxes being assessed only on the portion of land that would be permanently impacted by a wellhead. State Sen. Lisa Baker, R-Lehman Township, was a co-sponsor of that bill.

Yaw represents Union and Sullivan counties and parts of Susquehanna, Bradford and Lycoming counties, which together boasted a total of about 200 natural gas wells by the end of last year.

The bill won Senate approval in February and is before the House for consideration.

Yaw has said the bill would provide counties across the state with “a consistent interpretation” to follow and would “help to prevent differing opinions on how many acres of roll-back taxes should be levied on landowners who have leased for natural gas development.”

He has said farmers and landowners need the bill to become law “so that there isn’t any confusion on how the Clean and Green Program operates.”

The bill also would exempt land with underground transmission or gathering lines from roll-back taxes and would allow for one lease for temporary pipe storage facilities for two years. Each property would have to be restored to its original use.

Regardless of whether the bill becomes law, Lake Township Supervisor Amy Salansky said neither she nor her husband, Paul, will have to pay rollback taxes on their Clean and Green land, on which EnCana Oil and Gas USA intends to drill a natural gas well in August. If county officials decide to assess rollback taxes, the lease with EnCana makes the energy company responsible for paying them.

Salansky noted neither she nor her husband own the mineral or gas rights to the land.

The couple bought the land after the owner died so they could farm it, but the owner had willed the mineral and gas rights to his nephew, who retained them in the sale.

The Salanskys are crop farmers, growing oats, corn and hay. They own and work more farmland nearby, Amy Salansky said.

Even if the entire 50-acre parcel is kicked out of the Clean and Green program, Salansky said she would reapply to have the parcel accepted back into the program, minus the 6 acres that would be used for the gas-drilling operations.

Steve Mocarsky, a Times Leader staff writer, may be reached at 970-7311.

Copyright: Times Leader

HARRISBURG – As a bill calling for a moratorium on leasing state forest land for natural gas exploration languishes in the Senate, Gov. Ed Rendell announced today that the state Department of Conservation and Natural Resources finalized a lease agreement with Anadarko Petroleum Corp. for 32,896 acres of forest land in Centre, Wyoming and Bradford counties.

In a press release, Rendell said the “responsible natural gas lease agreement” will allow Pennsylvania to meet its need for revenue while fulfilling its obligation to protect Pennsylvania’s natural resources.

Under the agreement, Anadarko has paid the commonwealth $120 million to access 32,896 acres that are surrounded by tracts of land for which drilling companies already hold lease agreements. Because these newly leased tracts can largely be accessed by gas operations on the adjacent tracts, the amount of new state forest surface area that must be disturbed is minimized, according to the press release.

Other than the agreement, the commonwealth will not have to make any additional state forest land available to reach its revenue goals for natural gas drilling in the 2010-11 fiscal year.

“This is a responsible approach that meets our revenue targets and limits the impact of additional natural gas exploration in our state forests,” Rendell said.

“We do not need to expand our drilling footprint in state forest lands to meet our revenue goals, because these parcels are already surrounded by other leased acres,” Governor Rendell said. “They also are within areas leased in the 1970s and 1980s by DCNR, but not all the acreage was drilled because technology wasn’t available to exploit Marcellus Shale deposits.

“In order to develop the acreage, DCNR and Anadarko have agreed to certain provisions to make certain there is minimal impact on the surface. Horizontal drilling technologies allow Anadarko access to most of this acreage from already disturbed areas on their adjoining leased lands.”

The newly leased acres cover 11 tracts in the Moshannon, Sproul and Tiadaghton state forests where Centre, Clinton and Lycoming counties meet.

For 27,185 acres on 10 tracts, Anadarko agreed to pay $4,000 per acre, consistent with the average price paid during DCNR’s January 2010 competitive lease sale. For the remaining 5,711 acres on one tract, the commonwealth will receive $2,000 per acre because the geology underneath is not as promising for gas production.

The lease of the 11 tracts totals about $120 million. DCNR’s January 2010 lease sale generated $128 million-$60 million of that went toward this year’s General Fund budget and the additional $68 million will be applied to a target of $180 million to help balance state budget for the fiscal year that begins July 1, 2010.

“With this agreement negotiated and the money in the bank, we can safely be on board with the moratorium which passed the House and is now in the Senate. If the Senate passes the legislation and it comes to my desk, I will sign it,” Rendell said.

Read more in The Times Leader on Wednesday.

Copyright: Times Leader