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Landowners concerned by DEC delay

By Linnea Ransom
Hydro-fracking has become the new buzz word among landowners in the Southern Tier who are still trying to figure out the natural gas leasing world.
The word describes a process, called hydraulic fracturing, which creates fractures in the bedrock that are then held open by a proppant of some sort, such as sand, so that the natural gas or whatever is being drilled for, can be obtained.
The process has been around for several years and has had a high success rate in obtaining the resource, but there have been concerns about the types of chemicals which are used during drilling, as they could seep into the groundwater if not handled correctly.
Because of these concerns, the Department of Environmental Conservation (DEC), which regulates and issues drilling permits to gas companies, began, in Oct of 2008, working on a supplemental statement (sGEIS) to add to its already existing generic environmental impact statement (GEIS).
This statement, which is now being reviewed in its final scope, should address several areas of potential impact, according to the DEC website. “Water withdrawals from surface waterbodies and groundwater sources for hydraulic fracturing; Transportation of water to the well site; The use of additives in the hydraulic fracturing fluid; Space and facilities required at the well site to ensure proper handling of water and additives; Removal of spent fracturing fluid from the well site and its ultimate disposition; Potential impacts at well sites where multiple wells will be drilled during a three year period; Noise, visual and air quality considerations; and Potential community impacts.”
Once the sGEIS draft has been completed, it will be released for an undetermined public comment period, although it is usually 30-60 days. Once the statement is approved, obtaining drilling permits will be a much easier process, as individual site plan reviews will not have to be as tedious.
Several landowners in Broome County have become concerned about the sGEIS delay, saying that its delay means a loss in time and money for themselves and the drilling companies. Four of those landowners, who are in leadership positions on local natural gas coalitions, accepted the invitation of Assemblyman Clifford Couch to meet with Judith Enck, the deputy secretary for the environment for Governor Paterson’s office, and Stuart Gruskin, executive deputy commissioner for the DEC, on Wednesday, July 8th.
“ The trip was primarily intended to let our state government know that we represent a large group of landowners, called the Joint Landowners Coalition, ([in July it] was estimated to be 20,000-30,000 voters, in 23 coalitions that span seven counties) that wants to see the sGEIS released ASAP so permits may be issued and natural gas development can begin, and secondly, to limit the public comment period to the 30 day minimum required by law,” said Julie Lewis, a Vestal Gas Coalition steering committee member.
Tim Whitesell, TOB Supervisor, was also a participant on the trip and thinks that although environmental concerns need to be addressed; those who are environmental extremists are the vocal minority, he said. “We are the silent majority,” he said. Landowners’ property is their own, says Whitesell, and they are fully trusting the companies with their land.

“I thought it was a really encouraging meeting, “ said Marchie Diffendorf, Broome County Legislator for District 7. “We wanted to encourage [the DEC] to complete the sGEIS, to move ahead with the horizontal drilling and to get some permits and wells drilled as soon as possible. They did not want to commit to a deadline, but they did indicate that they suspected that it would be completed by the September time frame.”
Diffendorf added, ”I feel it is imperative that when [the sGEIS] is complete, it must be able to hold up in court to any legal challenges from special interest groups that want to stop gas development for any reason and at any cost. The DEC has assured me, this is their goal. If the sGEIS is challenged, this could not only stop gas development, but it may suspend future payments from leases already signed by gas companies.”
These concerns have also been addressed by the Broome County Executive, Barbara Fiala, in a statement, “ Development of the Marcellus shale presents an enormous economic opportunity. Broome recently commissioned a study to assess the fiscal impact of natural gas development. The preliminary draft indicates that the 10-year "total economic activity" in Broome County will be in the billions of dollars. The economic benefits for the state, including tax receipts, will be even greater.”
She recognized the need for environmental concerns to be addressed, citing some of her own concerns such as Restrictions on salt water injection disposal wells; No earthen pits in Broome County; requirement that closed loop systems be used for drilling mud; Requirement that all frac flowback and water product be captured in steel tanks; Increasing the required setbacks; Protection for local aquifers, and more resources devoted to DEC oversight.