Posts Tagged ‘exploratory natural gas wells’

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

View article here.

Copyright:  The Citizens Voice

By Elizabeth Skrapits (Staff Writer)
Published: July 26, 2010

HARVEYS LAKE – The natural gas company planning two exploratory natural gas wells in Noxen is steering clear of nearby Harveys Lake.

“Carrizo has no intention of drilling under Harveys Lake or anywhere near Harveys Lake,” Carrizo Marcellus LLC spokesman Phillip Corey said. “Our first well, the closest point to the lake as the crow flies, is almost 3 miles away.”

The company leased more than 3,000 acres of Sterling Farms, property belonging to the Sordoni family. While most of the property is in Noxen Township, some is in Harveys Lake Borough, he said. However, the company does not have rights to drill under Harveys Lake and doesn’t want to, anyway, Corey said.

“You can’t just go out there to drop a hole wherever you please,” he said.

Harveys Lake resident Guy Giordano, who is vocal about keeping contaminants out of the lake, said it’s good news that Carrizo is not drilling in the borough – but it’s still a little too close for him.

“That still doesn’t give me a lot of comfort. Thirty miles, yeah, but 3 miles, I’m not so sure,” he said.

Hydraulic fracturing, commonly called “fracking,” involves blasting millions of gallons of chemical-treated water thousands of feet underground to break up the shale and release the natural gas.

The fact that some of these chemicals are not disclosed bothers Giordano.

“Why can’t they use something non-toxic?” he asked. “I can’t believe the government would let anyone put anything in the ground that’s secret.”

State law allows natural gas companies to drill up to 100 feet away from a water source. State Rep. Karen Boback, R-Harveys Lake, wants to expand the buffer to 2,500 feet away from drinking water sources, as well as lakes and other bodies of water that are governed by boroughs or second-class townships. She also wants to prohibit drilling beneath them.

Boback has also signed on as a co-sponsor to state Rep. Phyllis Mundy’s bill calling for a one-year moratorium on natural gas drilling in Pennsylvania.

Corey said Carrizo will test the drinking water of residents around the drilling site, as required in the lease, which also calls for staying at least 500 feet away from any structure or water source.

He said Carrizo has not decided which direction, if at all, to drill horizontally. The company might just stick with a vertical well to see what’s there, he said.

“We’re going to play this very conservatively,” Corey said.

Giordano stressed that he does not oppose natural gas drilling.

“I’m glad these people got the money for these drilling leases, God bless ‘em. They deserve it,” he said. “But I wish they didn’t have to drill. If it’s rural, it’s OK, the risk is not that great. But when you’re talking about a densely populated area, it’s not worth it. I don’t see how they can take the risk.”

Ceasetown connection

Giordano pulled his minivan to the side of the road to get a better look at the Ceasetown Dam, slightly misty in the summer rain and surrounded by lush green foliage.

This is one of the main reasons he worries about Harveys Lake becoming contaminated.

“A few years ago I had a sample of lake water tested at the Kirby Health Center,” Giordano confessed. “It passed as drinking water.”

Harveys Lake is the source of Harveys Creek. Pennsylvania American Water Co. spokesman Terry Maenza said the company uses Harveys Creek as a backup water supply for the Ceasetown Reservoir. It isn’t used often but it’s there for emergencies, he said.

The Ceasetown Reservoir in Lehman Township serves about 70,000 people in all or parts of Ashley, Courtdale, Conyngham Township, Edwardsville, Hanover Township, Hunlock Township, Larksville, Nanticoke, Newport Township, Plymouth, Plymouth Township, Pringle, Salem Township, Shickshinny, Wilkes-Barre and Wilkes-Barre Township.

“We have done some sampling from Harveys Creek to get some baseline data, so we have that information on file if and when any drilling does take place in the future,” Maenza said.

The Susquehanna River Basin Commission, which regulates large water withdrawals from sources within the river basin, has not issued permits for any natural gas companies to take water from anywhere in Luzerne County, including the Ceasetown or Huntsville reservoirs.

Besides permits from the commission, “There are other permits they would have to get through us before they could start taking our water,” Maenza said.

Last week, there were water tankers at the Huntsville Reservoir, but they were removing sludge, Maenza said. When the filters at the water treatment centers are backwashed, the sludge goes into a lagoon, he explained. About 95 percent of it is recycled, including for agricultural use, he said.

When it comes to natural gas drilling, Maenza said Pennsylvania American Water officials are being vigilant, talking to the state Department of Environmental Protection about permits, keeping in constant touch with legislators including Boback, Mundy, and state Sen. Lisa Baker, R-Lehman Township.

Maenza said the company has also been in contact with Encana Oil & Gas USA Inc., which started site preparations for a second exploratory natural gas well on Zosh Road in Lake Township on Wednesday, the same day Encana began drilling its first well in Fairmount Township.

“Nobody’s more concerned than us,” Maenza said. “This is our business. Water quality is what we rely on. We don’t want anything to put our water supply in jeopardy.”

eskrapits@citizensvoice.com , 570-821-2072

View article here.

Copyright:  The Citizens Voice