Posts Tagged ‘Jackson Township’

Court ruling affirms communities’ ability to limit natural gas drilling

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

Maintaining quality before drilling begins

By Elizabeth Skrapits (Staff Writer)
Published: August 2, 2010

JACKSON TWP. – Just as individual property owners are testing their drinking water wells before natural gas drilling starts, Pennsylvania American Water Co. has established a baseline to ensure nothing affects the quality of water the company provides to its thousands of customers.

After giving The Citizens’ Voice a tour of the Ceasetown Reservoir’s filtration plant last week, Pennsylvania American Water representatives explained what the company is doing to augment its water quality monitoring to prevent contamination from natural gas drilling.

Although no gas wells are planned near the Huntsville or Ceasetown reservoirs in Jackson and Lehman townships, Encana Oil & Gas USA Inc. has leased mineral rights to land close to both reservoirs and is preparing to drill an exploratory well in Lake Township, not far from the Lehman Township border.

Pennsylvania American Water Production Manager Mark Cross said the company has met with Encana and showed the gas company maps to indicate where the reservoirs’ watershed is and where future drilling activity could affect them.

“We had a lot of conversations with them to say this is a concern to us, and we need ongoing communication, and we need to know what your plans are,” he said.

Pennsylvania American Water also shared its watershed maps with the state Department of Environmental Protection, Cross said. Although there is no legal requirement to notify water companies when drilling permits are issued, DEP will take the watershed maps into consideration, and Pennsylvania American Water is also keeping up “ongoing dialogue” with the state agency, he said.

“Our focus is we want to know what’s going on out there, we want constant communication, we want to know what is in place out there, what their mitigation measures are, what spill control and response plans they have,” Cross said. “And it’s worked very well. They’ve been very cooperative, both DEP and Encana.”

‘Constantly monitored’

When people in Ashley, Conyngham Township, Courtdale, Edwardsville, Hanover Township, Hunlock Township, Larksville, Nanticoke, Plymouth, Plymouth Township, Pringle, Salem Township, Shickshinny and Wilkes-Barre City turn on their taps, the water probably comes from the Ceasetown Reservoir, which is fed by Pikes Creek.

Pennsylvania American Water’s 70,000 customers served by the Ceasetown Reservoir have their water treated at a facility in Jackson Township. A similar facility treats the water from the nearby Huntsville Reservoir, which serves about 29,000 customers. Huntsville serves Dallas, Kingston Township, Swoyersville, West Wyoming and Wyoming.

The “raw water” from the reservoir is piped into the facility in a 42-inch main, where chemicals are added to coagulate the small particles and make them easier to remove, Cross said.

The water then goes through a series of filters, which include irregularly shaped plastic beads that gather impurities, and layers of sand and gravel. The water is treated with chlorine to disinfect it and lime to adjust the pH level, then it is sent to a series of storage tanks and pump stations for distribution to customers.

Ceasetown’s facility handles a normal flow of 9 million gallons a day, Plant Supervisor Sean Sorber said. During droughts, Harveys Creek is used as an emergency source, but that hasn’t been necessary for about 10 years, Cross said.

“Ceasetown Reservoir is a very good source, very good quality,” he said.

Cross said the water is “constantly monitored” at the plant, and physical tests are done in its lab. A sink in the lab has a series of specialized faucets, each pouring water in a different stage of treatment. Every shift at the plant runs a minimum of two series of 15 tests – about 100 a day – Sorber said.

Because of impending natural gas drilling, Pennsylvania American Water instituted an additional set of parameters, Cross said.

Several months ago full baseline testing started at Pikes Creek, Harveys Creek, the Huntsville Reservoir in several locations, and the raw and treated water at the Huntsville and Ceasetown plants, he said. The water is tested at the plant and in the watershed for substances including volatile organic compounds, methane and total dissolved solids – extremely tiny particles of minerals or organic matter.

“We ran a full series of baseline tests – VOCs, metals, methane – on all of the sources in this Luzerne, Lackawanna and Susquehanna county area that are subject to any possible drilling,” Sorber said. “So we have a good baseline of what we currently have, and those tests will be run periodically also, as activity increases.”

Conductivity tests are one way to measure the amount of total dissolved solids, or TDSs. Changing levels of TDSs could signify a lot of things, including the water is being affected by natural gas drilling. Sorber took a sample of untreated water from one of the faucets and placed a probe in the plastic cup, then checked the meter. It was normal.

“If we see something jumping up, that will be an indication for us there’s something going on. It’s a very straightforward test,” he said.

Besides monitoring and testing, Pennsylvania American Water is active in trying to get Pennsylvania legislation changed, according to PAWC Communications Director Terry Maenza.

Two things the company would like to see changed are adding a requirement for drinking water utilities to be notified of any nearby natural gas drilling permit applications, and to have the buffer zone outside which drilling is allowed increased from 100 feet to 2,500 feet.

“We’re being as vigilant as we possibly can be, just to keep an eye on what’s proposed and before activity takes place, what safeguards are going to be in place,” Maenza said.

Contact the writer:  eskrapits@citizensvoice.com, 570-821-2072

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Copyright:  Citizens Voice 

Much of Back Mt. leased

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

Leases filed to drill for natural gas here

Company files documents to drill in Luzerne County, has leased 17,500 acres.

By Jennifer Learn-Andesjandes@timesleader.com
Luzerne County Reporter

Natural gas drilling may be about to boom in Luzerne County.

Denver-based WhitMar Exploration Co. recently submitted 200 lease documents to ensure that they have the correct property identification numbers, or PINS. Pin certification is required before the leases are officially recorded in the county recorder of deeds office.

The documents show the company has acquired drilling rights on 5,440 acres in Harveys Lake and the following townships: Ross, Lake, Lehman, Fairmount, Union, Huntington and Jackson.

WhitMar representative Brad Shepard said the company has leased 17,500 acres in Luzerne County to date, with more planned. Shepard said he was too busy with planning meetings Tuesday to explain how the drilling will be executed.

Beth Chocallo, a Lake Township property owner who agreed to lease her 3.29 acres to WhitMar, said she and her husband, Richard, were connected to WhitMar through a seminar.

The couple did not receive any upfront payment, she said. Instead, WhitMar will pay a lease rental after the first year or two and a percentage of the profits if natural gas is extracted, Chocallo said.

Chocallo she is optimistic that gas will be found because she doesn’t believe WhitMar would invest in the time and expense of preparing leases without a strong likelihood.

“Who knows where the gas pockets will be found? It’s not a definite,” she said.

WhitMar plans to grid out territories, paying a profit percentage to the owners of all leased property within that grid if gas is extracted, Chocallo said.

She does not believe a drilling rig will be installed on her property because the parcel is on the smaller side compared to others being leased, but she can’t rule out the possibility. Her main concern was that drilling would cut off or diminish her water supply, but she said WhitMar assured her that the company would replace the well and furnish water if that happens.

The lease documents filed in the county do not contain any details about what will be paid to the property owners.

Property owners are leasing WhitMar the exclusive right to explore for and develop oil and gas, the documents say.

That right includes use of the property for the drilling of oil and gas wells and installation of roads, pipes, pumps, compressors, separators, tanks, power stations and any other necessary equipment, the documents say.

Most, if not all, of the leases are for one year, with the option to extend for an additional 11 years or longer.

Of the 200 leases, Fairmount Township had the most property signed with WhitMar – 2,512 acres – followed by Ross Township with 1,205 acres.

Here’s a breakdown of the other leased acreages: Harveys Lake, 58; Jackson Township, 99; Union Township, 102; Huntington Township, 361; Lake Township, 463; and Lehman Township, 640.

Founded in 1979, WhitMar is a private energy operation actively engaged in drilling and developing natural gas and oil prospects in the United States, according to the company’s Web site.

Jennifer Learn-Andes, a Times Leader staff writer, may be reached at 831-7333.

Copyright: Times Leader