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Shale Development Best Management Practices Natural Resources Information and Assessments Natural Gas Exploration and Development Regulations
Authors: Aaron M. Lien and William J. Manner Project Director: Aaron M. Lien December 15, 2010 This work was supported by the William Penn Foundation, The Heinz Endowments, and Nestle Water North America
Table of Contents
Section I: Management Practices for Marcellus Shale Development
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Issue: Well Pad Site Selection ........................................................................................... 3 Management Practice: Comprehensive Planning for Site Selection ...................................5 Management Practice: Co-location of Infrastructure ........................................................ 6 Management Practice: Constraints Mapping ..................................................................... 6 Issue: Water Resources .......................................................................................................9 Management Practice: Location Planning for Water Withdrawals ................................... 10 Management Practice: Timing of Water Withdrawals ...................................................... 11 Management Practice: Intake Structures ......................................................................... 12 Management Practice: Centralization of Infrastructure ................................................... 13 Management Practice: Water Storage .............................................................................. 14 Management Practice: Air Drilling .................................................................................. 14 Management Practice: Water Metering............................................................................ 14 Management Practice: Obstruction Permits ..................................................................... 15 Management Practice: Dry Hydrants ............................................................................... 15 Issue: Well Site Construction...........................................................................................16 Management Practice: Road Construction ....................................................................... 16 Management Practice: Noise Control .............................................................................. 18 Management Practice: Erosion and Sediment Controls ................................................... 18 Management Practice: Erosion and Sediment Plan Monitoring ....................................... 19 Management Practice: Zero Discharge Well Pads ............................................................ 19 Management Practice: Site Scale Plastic Liners and Composite ...................................... 21 Management Practice: Closed Tanks with Double Containment ...................................... 21 Management Practice: Waste Reduction .......................................................................... 22 Management Practice: Cleanliness .................................................................................. 23 Management Practice: Noxious Weed and Invasive Species Control................................ 23
Issue: Water Quality ..........................................................................................................24 Management Practice: Wastewater Disposal.................................................................... 25 Management Practice: Water Testing............................................................................... 25 Management Practice: Hydraulic Fracturing Fluid and Wastewater Storage ......................................................................................................... 26 Management Practice: Well Casings ................................................................................ 27 Issue: Air Quality ................................................................................................................28 Appendix A: Sources .............................................................................................................. 30
Section II:
Natural Resources Information and Assessments for the Upper Delaware River Watershed ..................................................................... 32
Resource Assessments: .................................................................................................... 33 General Information and Maps:....................................................................................... 44
Section III:
Natural Gas Exploration and Development Regulations, NY and PA..........................................................................................................................50
Current Status of Regulatory Revisions: Pennsylvania ..................................................... 51 Current State of Regulatory Revisions: New York ............................................................ 51 Current State of Regulatory Revisions: Delaware River Basin Commission .................................................................................. 52 Regulations: Well Pads..................................................................................................... 52 Regulations: Surface Water Withdrawal .......................................................................... 55 Regulations: Ground Water Withdrawal .......................................................................... 56 Regulations: Waste Water Disposal .................................................................................. 57 Regulatory Summary Chart and Citations for Specific Regulations: ....................................... 58 Public Dialogue Participants.......................................................................................... 70
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This report in its entirety addresses the second, third, and forth goals. This section addresses the second: an objective review of best management practices that address concerns raised by stakeholders. In part, the current regulations, to the extent they relate to recommended management practices, are also addressed. Section II provides resources to inform interested stakeholders about the natural resources of the region. Section III provides a comprehensive review of current state regulations in New York and Pennsylvania as of November, 2010.
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In the context of this report, the term best management practices is not intended to refer to regulatory requirements, but rather the management practices that best address an identified resource concern, based on the research conducted to inform this report. At stakeholder meetings held throughout the spring and summer of 2010, and through an interview process conducted in winter of 2010 by the Upper Delaware River Roundtable, questions and concerns about management practices associated with the development of Marcellus shale well sites were identified. This information was utilized to conduct an initial literature review of management practices. The results of this literature review were then presented to a small workgroup of stakeholders.1 The workgroup provided additional feedback on the information reported, corrections on regulations, and recommendations of additional management practices to consider. This report does not take a position on whether gas drilling should occur in the Delaware River Basin. Rather, it provides resources for citizens and stakeholders in the Upper Delaware River region so they can learn about what best practices may help to avoid adverse impacts. Stakeholders can draw on these resources when considering gas development in their community or on their land. The practices included are focused on environmental issues associated with natural gas exploration and development and based on issues and concerns identified by stakeholders; therefore, the list of practices is not entirely comprehensive. There are best management practices associated with other issues such as public and human health and worker safety that are not considered in this report. Implementation of these best management practices is equally important, but beyond the scope of this report. Some of the best management practices included in this report are already being implemented by companies engaged in gas drilling operations. Some are not. Many of these practices are required by existing laws in some states, while others are recommended by state drilling guidance documents. In some cases, included practices not required by law in the Upper Delaware River Basin are required by the requirements of some leases. It is the purpose of this document to identify practices based on a literature review and provide information about when and how they can be used. It should be noted that past gas well development has taken place in areas that do not have the number of high quality or exceptional value waters as are located in the Upper Delaware River Watershed, and therefore current regulations may not be as protective of these resources as would be desirable. The gas drilling industry is constantly changing and these practices can change as technology advances. Many practices commonly used by the industry today were not common two years ago. One example is the recycling of hydraulic fracturing wastewater. This best management practice was not commonly used two years ago, but is now common practice by drillers in Pennsylvania. The regulatory requirements in both states are currently being revised; however, the regulatory development process takes time and may not reflect the most current technological advancements or management practices. The best management practices included in this report are current as of November 2010. This section of the report is organized by issue: well site selection, soil and erosion control, etc. Underneath each of these primary headings is a brief introduction to the issue and a list of recommended best management practices and related regulations associated with the issue. Each best management practice is accompanied by a short description of its purpose and the impacts it addresses, applicability, and sources for additional information. Resources for detailed information on best practices are also provided at the end of this report. All told, this report provides information on the potential impacts of drilling and approaches through the application of best management practices that may help mitigate these impacts. This work is supported by The Heinz Endowments, The William Penn Foundation, and Nestle Waters North America.
Participants in the workgroup included Marian Schweighofer, Craig Todd, Ellen Salak, Bruce Ferguson, Mike Uretsky, and Brian Grove. The workgroup was facilitated by Bill Manner and Aaron Lien.
municipalities and what land uses are permitted in dierent areas of the municipalities to protect public health and safety. Implementation of site selection management practices by gas companies could help to address concerns about resources not considered by local zoning. Currently, the gas industry typically uses a multi-step, iterative approach to determine where a well can be drilled. The process starts with evaluation by company geologists to determine preliminary coordinates from geologic and seismic test data. After the preliminary coordinates are determined, a construction foreman checks the location for suitability of the site for drilling. The consultants employed by the drilling company then check the site for environmental factors, such as the sensitive species or habitats, wetland buers, water bodies, and set backs from buildings. The well pad location may be adjusted as a result of these site specific factors. When a well site is finalized, preparation of the permit application begins. The permit application includes a plat plan for the well pad and any roads or other facilities needed. Water and soil samples are also collected and analyzed in the area proposed for drilling. At the same time, surface land owners and water source owners are notified of the proposed activity. A construction foreman for each well site is responsible for contacting the local and/or state highway departments to address any road use permit issues. Preparedness, Prevention, and Contingency Plans are also prepared for the site. When all preliminary work is completed, the permit application is finalized and the drilling companys management submits the permit application to the respective state regulators.
Well Pad, Bradford County, PA, November 2010 (This is the same site as pictured on page 3) - Note well in middle of pad and production water storage tanks on right edge of pad
As with comprehensive planning for well site locations, co-location of infrastructure makes sense from an environmental and from an economic perspective. Co-location limits impacts, but also results in lower costs associated with planning and development of new infrastructure. Co-location also focuses development to areas that are already developed while reserving undeveloped areas such as large forest blocks that are important for maintenance of wildlife habitat and water quality. The economy of Upper Basin communities is driven in large part by agriculture, natural resources, and tourism industriesnatural resources protection is important to protect this foundation of the local economy.
information in an advisory capacity. To a certain extent, a good deal of constraints mapping has already been conducted by local, stakeholder driven open space planning eorts. Many of the available data sources for constraints mapping are summarized in Section II of this report. However, there are others that are not included. Any constraints mapping eort carried out by gas companies should be done in close consultation with local stakeholders. It should be recognized that due to the use of horizontal drilling techniques, strategic placement of the well pad location allows the gas companies to access Marcellus shale gas while also avoiding development on land surface areas that require special protection. Landowners should be actively engaged in the discussion of well pad siting with the lease holder and recommend development of a surface development plan for their property prior to the construction of well pads, access roads, or compressor stations. Both comprehensive planning for site selection and constraints mapping can contribute to this discussion. Environmental constraints for consideration in comprehensive planning and constraints mapping The following features should be considered when selecting the location of well pads. In some cases, consideration is already required by regulatory requirements, as noted. 1. Distance from waterways (lakes, ponds, or streams) In order to protect waterways from the aects of drilling operations, state regulations require specific distances between the well and the waterway. These distances should be considered minimums and greater distances should be utilized to protect sensitive headwaters, Class A trout streams, or streams with a naturally reproducing trout population. Current New York regulations require a 50 buer from water bodies; Pennsylvania requires a 100 buer. In Pike and Wayne Counties, Pennsylvania, all streams are designated by Pennsylvania Regulations, Title 25 PA Code Chapter 93, Water Quality Standards, as High Quality or Exceptional Value streams, which may necessitate greater protections. This is also true in many of the streams in New York, although New York uses a dierent stream classification system. Floodways and floodplains Regulations vary by local municipal ordinances and enforcement is up to the municipalities. Floodways are regulated by the Pennsylvania Department of Environmental Protection and permits are required for facilities with proposed locations in floodways. The presence of facilities in a floodway can directly aect water flow during a flood event and cause increased water levels and damage in areas above or below the structure. Due to the likely threat to water resources and properties in the event of a flood, all types of well pad development should avoid floodways and the 100-year floodplains. Increased enforcement or expansion of floodplain regulations may be needed at the state or local level to ensure protection. Local municipalities generally have a floodplain ordinance developed from a model ordinance and then modified to meet the specific needs of the municipality. While there are common elements in the model ordinances, local modifications or lax enforcement of the regulations results in a great diversity in regulatory actions by municipalities. As a result, any disturbances in floodways and floodplains (100 year) should be avoided. Wetlands Wetlands and vernal pools should be avoided. Both Pennsylvania and New York establish minimum buers of 100 for protection of wetlands. This is especially crucial as many of these wetlands and vernal pools are directly related to groundwater recharge. Diminution of these areas can aect the quantity of groundwater available for drinking water and/or stream base flow. The state defined buers should be considered minimum distances. Forested areas Generally forested areas should be avoided in favor of open lands to reduce forest fragmentation, changes in the rate and water quality of storm water runo, protection of stream buers, and preservation of existing water quality in the streams. Steep slopes Construction of well pads pipelines or roads on steep slopes should be avoided to reduce earth disturbance from cuts and fills and soil erosion. In addition selecting level areas reduces the overall impact on the site and can reduce construction and restoration costs. For the context of this document, steep slopes are those over 15%.
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Occupied dwellings Well pads should be located away from occupied dwellings for the safety of the occupants and to reduce noise, light, and other impacts during the drilling operation. Pennsylvania and New York have minimum requirements for buers from dwellings. Currently, in New York the buer is 100 and in Pennsylvania the buer is 200. Though state laws allow for variances to reduce buer widths, this should be avoided. The regulatory buer widths should be considered minimum guidelines. Public Buildings The well pads should be located away from occupied public buildings for the safety of the occupants and to reduce noise, light, and other impacts during the drilling operation. These distances are especially important for schools, camps, hospitals, nursing homes or other facilities where at-risk populations are located. In addition, for well pads located near these types of facilities, the timing of drilling operations should be adjusted to correspond with times when they are not in use, e.g. during a schools summer recess or at camps during the o season. Current New York regulations require a 150 buer and Pennsylvania requires a 200 buer. The existing regulations should be considered minimum guidelines. Private Drinking Water Wells Isolation distances from private drinking water wells is important to avoid impacts or contamination of existing wells. In Pennsylvania, there are no standards for the construction of private water wells. They are especially prone to contamination from surface water runo and are not often constructed with full casing or grouting. Pennsylvania regulations require at least 200 feet separation between private water wells and a gas well unless a variance is granted. New York has variable distance requirements for this isolation distance. Public Drinking Water Supplies Under the federal Safe Drinking Water Act, a public water system (PWS) is a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least fifteen service connections or regularly serves at least twenty-five individuals. In the Upper Delaware region, most public water systems utilize groundwater as the source of water supplied to their customers. Public Drinking Water Supplies should have greater isolation distances than private wells from gas well drilling activity due to the larger zone of influence for these larger water withdrawals. Many water suppliers have performed source water protection studies. Gas companies should contact and work directly with local public water suppliers prior to choosing the well pad site location and should reference Source Water Protection Plans if they are available.
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10. Other Critical Areas Critical areas include areas with known endangered species, unique habitat, significant migration or breeding areas for birds, mammals, or aquatic organisms, and significant unfragmented forests or riparian areas. These can be identified with the assistance of local governments or organizations and may not be included in the Pennsylvania Natural Diversity Index. Section II of this report provides an overview of several sources of data for identification of important natural resource areas. 11. Soil Conditions Soil conditions at a proposed pad location should be evaluated and highly erodible or prime agricultural soils avoided. This analysis can reduce erosion and loss of productive agricultural soils. 12. Viewscapes In order to preserve scenic natural views, ridgeline facilities should be restricted where possible to minimize impacts to views. Depending on local site conditions, however, it may be desirable to locate pads on ridgelines to reduce forest fragmentation, avoid steep slopes, or prime agricultural soils. The use of natural or artificial features to screen (topography, vegetation, or artificial berm) production facilities is recommended. Also painting the well head and tanks a color that blends to background vegetation can reduce the visual impact. Viewshed analysis should be a part of any constraints mapping and comprehensive planning for site selection process.
13. Pipeline Construction To minimize the Impacts from pipeline construction, pipelines should be co-located along the access roads to minimize earth disturbance, erosion, and sedimentation. Where co-location is not possible, pipelines should be located according to a comprehensive planning and constraints mapping process and take into account the same considerations as well pad siting.
Sources: Well Pad Site Selection See the Source list in Appendix A of this section. The sources for this section are: 2, 6, 8, 9, 10, 19, 20, 21, 25, 27 and 28.
remaining uses, including agriculture, mining, domestic water wells, non-agricultural irrigation (e.g. golf courses), and all other uses 325 mgd. The timing and location of withdrawals is a critical factor in determining the impacts of withdrawals, given the diversity of surface water users in the watershed. In Pennsylvania, a comprehensive Water Management Plan for both fresh water and wastewater is required prior to issuance of the drilling permit. In addition, approval by DRBC is required.
Water Withdrawal Site, Bowmans Creek, Wyoming County, PA, November 2010
Any water withdrawal of either surface or groundwater greater than 100,000 gallons per day during any consecutive 30 day period requires a permit from DRBC. An application must be prepared by an engineer, geologist, or hydrologist and submitted to the Commission for review. The information required includes: present water use, projected water use for next 10 years; consumptive use; location of withdrawal; details on groundwater withdrawals and well construction; Q7-10 for surface water withdrawals (the Q7-10 is the drought flow which occurs for a period of seven consecutive days one time in 10 years); the nearest USGS gauging station; drainage area, pump capacities, and storage capacity of reservoir or impoundment; amount of water being imported or exported from the basin; maps; floodways and floodplains(100 yr); wetlands; and applicable state permits. Once this information is received, the proposal is reviewed by DRBC technical sta for accuracy and compliance with the regulatory requirements and the cumulative impacts of the water withdrawals. The Commission sta evaluates the impacts of the withdrawal to ensure that no adverse impacts to the stream or groundwater aquifer will result from the withdrawal. Impacts on downstream water users are also considered. If the withdrawal will have impacts, then the water withdrawal volume may be reduced or the permit denied. In addition, the impacts of the withdrawal during drought or low flow conditions are evaluated and pass-by flow requirements may be incorporated into the permit so that downstream impacts are reduced or eliminated. The pass-by flow restrictions are normally required to protect aquatic life, as well as mitigate any downstream user impacts. While these permitting requirements protect streams from long-term, high volume withdrawals, they do not address situations where the volume or duration of withdrawals does not meet the required thresholds. Despite this, to protect streams and aquatic ecosystems, a thorough review similar to what is required to receive a DRBC permit should be conducted for all withdrawals, especially for small and headwater streams.
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Except for water purchased from public water suppliers, groundwater withdrawals for hydraulic fracturing and drilling have not been used to date. The impacts of groundwater withdrawal can be significant and could result in reduction of groundwater supplies for drinking water wells, springs, wetlands, or stream base flow. These impacts could result in drinking water wells or springs drying up, reduced flows to wetlands, and reduced stream flow if base flow is reduced, especially during drought periods. Evaluations of proposed groundwater withdrawals are also regulated by the river basin commissions and their permitting programs require a specified pump testing procedure to ensure that withdrawals will not impact drinking water wells, springs, wetlands, or stream base flow.
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The use of fresh water storage ponds can greatly reduce the volume of truck traffic, especially if water is piped directly from the withdrawal point to the storage pond and then to the well site. The reduction in truck traffic reduces the stress on local roads and reduces the amount of air pollution generated by the trucks. An additional benefit of fresh water storage is that storage structures allow gas companies to withdraw water during high flow periods (spring) and then utilize the water when needed. This allows well development to continue during periods of low stream flows or drought periods, even if withdrawals from streams are suspended to protect aquatic habitats, downstream users, etc.
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result of over drafting the stream. In addition, monitoring of USGS stream gauges is required to ensure that sufficient water is available for withdrawal. If sufficient USGS stream gauges are not available in a specific waterway, additional gauges may need to be installed and monitored. Metering and reporting of the water use is also required in order to ensure water withdrawals do not exceed permitted limits, resulting in potential adverse impacts on aquatic life and downstream water users. Metering is required for water withdrawals in the Delaware River Basin and standards are set by Section 2.50.2 of DRBC Resolution 2001-8. Generally, water metering regulations apply to any cumulative withdrawals that exceed 100,000 gallons of water per day for a 30-day period. If this threshold is met, water meters must be installed and water withdrawals tracked and reported to Pennsylvania Department of Environmental Protection for withdrawals from Pennsylvania water bodies and to DRBC for withdrawals from New York water bodies. The Water Management Plan requirement of Pennsylvania Department of Environmental Protection for Marcellus gas wells and Chapter 110 of Pennsylvania Department of Environmental Protections regulations require the permittee to follow the same requirements for monitoring and accuracy as is required by DRBC. New York does not specify a monitoring frequency or accuracy requirement in its own current regulations, but does default to DRBCs requirements. While water metering and monitoring of stream gauges is only required by regulations when certain thresholds are met, metering is also a general best practice for water withdrawals, even when regulatory thresholds are not met. Active monitoring of withdrawals at the stream bank makes it easier for gas companies to time water withdrawals during periods of high flows and recognize when withdrawals could have adverse impacts on stream ecology due to a combination of surface water withdrawals and low stream flows. Monitoring in combination with some flexibility of when water withdrawals take place will help to mitigate the impacts of withdrawals on streams for downstream users and fish and wildlife.
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roads so as to preclude their use during inclement weather conditions, and lack of access during emergency situations. For a detailed description of effects of erosion and sedimentation see the Erosion and Sedimentation Controls section. In addition to site selection and constraints issues, the following specific items need to be considered: 1. Utilize the Pennsylvania Dirt and Gravel Road guidelines for construction of permanent non-paved roads, and ensure that erosion and sediment plans are implemented during construction. After construction, an appropriate Post Construction Stormwater Plan should be implemented. More details about the Dirt and Gravel Road Program can be found at www. dirtandgravel.psu.edu/. This program is implemented by county conservation districts and has been eective in reducing erosion and sedimentation from dirt and gravel roads throughout Pennsylvania. In New York, a similar program is available to local governments through Cornell Universitys Local Roads Program. The Cornell program information may be accessed at: http://www.clrp.cornell.edu/index.htm. While the New York Program is not administered by the county soil conservation districts, assistance is available for local governments to properly construct and maintain roads. Provide proper road drainage and erosion control for all roads. Proper road drainage promotes stability of the road surface and allows for road use during storm events and changing weather conditions. The stability of the road and proper drainage will also decrease the amount of runo and erosion of soil in drainage channels, reducing sedimentation of local streams and wetlands. Avoid wetland crossings. If crossings cannot be avoided, then follow the Army Corps of Engineers and state permitting requirements and construction standards to minimize impacts to wetlands. State and Army Corps permits are required for wetland impacts. If proper construction practices are not followed, damage to the ecological values of wetlands is likely. In fact, a wetland habitat can be destroyed completely by changing its hydrology or altering the plant life. Follow existing contours to reduce impact of excessive cuts or fills during road construction. Cuts and fills require more earth disturbance and increase the likelihood of erosion and sedimentation problems. Use existing roads wherever possible. Upgrade existing roads when needed to meet the capacity requirements of traffic to and from well pads. If road upgrades are needed, permits may be required. Use of existing roads limits the amount of earth disturbance required for the project and therefore can reduce the amount of soil erosion and sedimentation associated with the development of a well pad. When constructing new roads, engineer them to meet the capacity requirements for all traffic to and from the well pad, including heavy trucks. If new roads are constructed and not needed in the future, they should be removed and the area restored to pre-construction conditions to minimize earth disturbance. When activities at a well pad are complete, restore roads back to original site conditions.
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Detailed information related to proper road construction can be found in the US Department of the Interior and US Department of Agriculture, Surface Operating Standards and Guidelines for Oil and Gas Exploration and Development The Gold Book.
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Consideration of the use of noise controls should be based on potential, not present, development. Additional noise controls may be needed if adjacent land is subsequently proposed for development.
channels and other water bodies. Sedimentation can impair fish habitat and reduce stream depth, resulting in higher stream temperatures and lower flood capacity. Sediments also increase the turbidity (cloudiness) of water, harming habitat and aesthetics. Beyond impacts on the physical environment and fish and wildlife, increased sediments in waterways make the water harder to filter and more expensive to treat to drinking water quality as more nutrients, sediment, and other toxins need to be removed. Sediment is the largest stream polluter in the state of Pennsylvania.2 Because of these impacts, strong erosion and sedimentation planning is needed at drilling sites to prevent impacts on environmental and human health. In addition, because well sites are not paved, erosion and sediment control is an ongoing concern at all well sites throughout their life cycle. A detailed erosion and sedimentation site plan is required to meet regulations in both New York and Pennsylvania. Plans must be reviewed and approved by the applicable agency. In Pennsylvania, if a project will cause more than five acres of surface disturbance, including the well pad and the access road for the well pad, then a separate NPDES Permit for storm water discharges associated with construction activities is required. These permits are reviewed by Pennsylvania Department of Environmental Protection and are generally more rigorous than a standard erosion and sedimentation site plan. Many well pads are likely to fall under the five acre threshold for the more rigorous plan. In New York State, well sites over one acre must obtain a Construction Stormwater General Permit. More information on the regulatory process is available at http://www.dec.ny.gov/25.html To avoid erosion problems from well sites, it is strongly recommended that the design of storm water control structures and practices be based on 10yr/24hr storm (a storm that has a 10% chance of occurring in a given year), not 2yr/24hr storm(a storm that has a 50% chance of occurring in a given year). Utilizing the larger, less frequent storm event as a design basis will provide better protection from the aects of larger storms on erosion, sedimentation, and stream stability. In addition, the other erosion control related management practices found in this issue area should be implemented. In Pennsylvania, the county conservation districts are not currently empowered to participate in the review of storm water or erosion and sedimentation permits for gas drilling operations. It is recommended that the county conservation district review power be restored. The county conservation districts knowledge of local conditions and their local presence on-the-ground are likely to lead to better, more consistent outcomes.
PA DEP Erosion and Sediment Control, Best Management Practice (BMP) Manual, Technical Guidance Number 363-2134-008 19
a heavy plastic liner material similar to what is used for landfill or pond liners. The area under heavy equipment should also be covered with composite mat so that the liner is not punctured by the heavy equipment. Water can then be collected and re-used after treatment in the drilling operation. If there is a leak of chemicals on the site, the spill can be captured, collected, and removed for proper disposal without having the opportunity to negatively impact the soil or waters on or adjacent to the pad site.
Well Pad, Bradford County, PA, May 2010 Note berm on left edge, plastic liner, composite decking for equipment, and secondary containment around tanks
Well Pad, Bradford County, PA, May 2010 Note composite decking and plastic liner
Construction of a berm around the drill pad will prevent any runo from leaving the pad site and allow its diversion to the collection area of the drill pad for re-use. The entrance road to the well pad should also be elevated so there is a slight downhill slope into the well pad to prevent runo from leaving the site via the access road. These practices can significantly reduce the chances of contamination of the environment at the drill site and greatly reduce the impacts from accidental chemical spills. In addition, the collection and reuse of water from the site will reduce the amount of water needed for the drilling and fracing operations, thereby reducing truck traffic and water withdrawals.
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Production Well Site, Bradford County, PA, May 2010 Containment for production water storage tank
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Well Pad, Bradford County, PA, May 2010 In foreground: drill mud treatment tank, drill mud thickened and prepared for hauling to licensed landfill
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Make use of closed loop drilling, reducing water use and truck traffic. Recycle drill fluid to the next well site or well bore, reducing the need for fresh water and reducing waste disposal and trucking costs. Implement preventative maintenance of equipment at the drilling operation to reduce the chances for accidents that can cause spills. Use bioremediation for spills of certain chemicals where applicable; bioremediation is more desirable than other types of clean-up. Keep accurate records of all chemicals used in the well drilling and hydraulic fracturing operation. These records should be kept on-site so they are available in case of a spill or other emergency.
Noxious weeds and invasive species can be controlled by the use of weed-free seed and mulch for stabilization and restoration of the drill site and by air spraying or washing construction equipment when moving from site to site. An integrated approach should be used during construction, production, and reclamation that incorporate cultural, chemical, biological, and physical controls. A written plan for invasive species control should be kept on-site at all times.
Sources: Well Site Construction See the Source list in Appendix A of this section. The sources for this section are: 1, 2, 3, 4, 5, 6, 8, 9. 10, 11, 12, 13, 20, 21, 25, 26 and 31. 23
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Currently, there are treatment facilities capable of treating hydraulic fracturing fluids and produced water, but they are located in western Pennsylvania. Several treatment facilities and modifications to existing treatment facilities are proposed in northeast Pennsylvania, but at this time none have been permitted or constructed, and none are located in the Delaware River Basin. Deep well injection of wastewater is commonly used in Texas, but is neither prevalent nor proposed in Pennsylvania due to diering geology. Deep well injection is regulated by EPA.
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A laboratory certified to analyze drinking water must conduct the analysis of all water samples to establish baseline water quality. A technician trained in the collection of water samples must collect all samples in proper containers. A chain of custody between the laboratory and the technician collecting water samples must be maintained. The technician and the laboratory should also be independent from the gas drilling company and the landowner. Ideally, an employee of the certified laboratory providing the water testing services will also collect water samples. The landowner should provide as much information about the drinking water supply as possible, including: the location of the well; depth of the well; depth of the casing used for the well; age of the drinking water well; and type of treatment, if any, used on water drawn from the well.
If at any time during the well site development, gas well drilling, or gas production phase, the landowner notices changes in the quality or quantity of the drinking water, then the landowner should immediately notify the appropriate government agency, the owner of the well site, and request additional water tests to document what changes have taken place and determine if they are the result of gas drilling operations. While most landowners do not routinely sample their wells (ideally, yearly tests for bacteria should be conducted to ensure water is safe for consumption), during the gas well drilling and development phases, landowners should have their water well tested on a regular basis. Testing water wells every six months allows for early detection of any changes in water quality. Tests should include the following parameters as a minimum: total coliform, E. coli, chlorides, barium, total dissolved solids, methane, and pH. Water tests may also include other parameters, including inorganic and organic chemicals.
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Rail depot transferring sand from rail cars to trucks for use in fracing in Bradford County, PA, November 2010
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Catalytic Converters Using the proper catalytic converters on exhaust pipes from pumps and other engines on-site can reduce emissions significantly. Emission Controls on Dehydrators Use of emission controls on glycol dehydrators results in cost savings, in addition to reductions of air pollution. Also, use of vapor recovery systems on tanks can capture up to 95% of hydrocarbon vapors. Recovered vapors can have significant value and multiple uses, making this a process an economically viable option. Reduced Truck Utilization Reduce trucking and service traffic to reduce combustion and fugitive emissions from truck engines and dust. Use of centralized production and liquids gathering systems allow for reduced emissions from vehicle trips. Larger facilities also make it more efficient to control emissions from tanks and compressor facilities. Use of telemetry and well automation to remotely control and monitor production reduces vehicle traffic and reduces dust and vehicle emissions. The use of train transportation for materials such as the sand and drill pipe can reduce truck traffic as trains can transport larger quantities of materials with less fuel, thereby reducing air pollution. All trucks should carry accurate manifests detailing chemicals, wastewater, and other drilling supplies during transport. Dust Control Use dust suppression and prevention techniques to reduce fugitive dust from well pads and roads. Dust can aect air quality and creates a health and visibility hazard for drivers. Spraying roads with water is the simplest dust suppression method, but can add to vehicle emission issues because of the need to transport the water. Wetting roads also provides only a short-term solution. Dust suppressants such as magnesium chloride, calcium chloride, lignin, sulfonate, or an asphalt emulsion oer moderate costs, last about 1 year, but need to be applied carefully to prevent excess runo to streams or wetlands. The Dirt and Gravel Road Program has information on environmentally sensitive dust suppressants. If a company plans to use a road for a number of years with high average daily traffic, chip seal or asphalt roads are a good option. State regulations generally require utilization of best available technology to prevent air pollution.
Sources: Air Quality See the Source list in Appendix A of this section. The sources for this section are: 2, 3, 6, 8, 15, 20, 21, and 26
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Appendix A: Sources
1. Best Management Practices for Oil & Gas Well Site Construction Ohio Department of Natural Resources Mineral Resource Management April 2005
2. Handbook on Best Management Practices and Mitigation Strategies for Coal Bed Methane on the Montana Portion of the Powder River Basin; prepared by ALL Consulting for the U S Department of Energy, National Petroleum Technology Office, National Energy Technology Laboratory April 2002 3. Underused Drilling Practices Could Avoid Pollution PRO PUBLICA article, December 14, 2009 4. The American Oil & Gas Reporter Special Report Collaborative Team Researches Best Management Practices for Drilling Wastes, August 2007 5. Analysis of Best Hydraulic Fracturing Practices in the Golden Trend Fields of Oklahoma- Society of Petroleum Engineers, 2005 SPE Annual Technical Conference, October 2005 6. Department of the Interior, Bureau of Land Management, Best Management Practices for Fluid Minerals, November 2006 7. Earthworks Action Organization- downloads from website Oil & Gas Accountability Project, Drill Right Doing It Right, Best Oil & Gas Development Practices for New Mexico 8. Best Practices for Community and Environmental Protection workshop proceedings, Intermountain Oil and Gas BMP Project, Natural Resources Law Center, University of Colorado Law School, October 2009 9. Surface Operating Standards and Guidelines for Oil and Gas Exploration and Development, The Gold Book, 4th edition Revised 2007,US Dept of Interior, Bureau of Land Management & US Dept of Agriculture, Forest Service 10. PA Department of Environmental Protection (DEP), Bureau of Oil and Gas Management, Oil and Gas Operators Manual, Doc#550-0300-0001; Chapter 4 DEP recommended Oil and Gas Management Practices 11. PA DEP Erosion and Sediment Control, Best Management Practice (BMP) Manual, Technical Guidance Number 363-2134-008 12. PA DEP Rules and Regulations, Chapter 105; Act 220 and Chapter 110; Chapter 78; Water Management Plan 13. Personal conversation and site visit to Chesapeake Energy drill sites in Bradford County, Pa. with Brian Grove, Chesapeake Energy, Director of Corporate Development, May 13, 2010 14. Drill-Right Texas, Texas Oil & Gas Earthworks Accountability Project 15. US EPA, Natural Gas STAR Program, www.epa.gov/gasstar, Lessons Learned; Green Completions PRO Fact Sheet No. 703 16. Delaware River Basin Commission Resolution 2001-8 17. Delaware River Basin Commission, Administrative Manual, Rules of Practice and Procedure, May 31, 2002 18. Delaware River Basin Commission, Instructions and Application for a Ground and/or Surface Water Withdrawal in the Delaware River Basin, Revised 11/2007. 19. New York Department of Environmental Conservation, Environmental Conservation Law, Article 15, Title 33; Casing and Cementing Standards, Designing and Drilling Your Well, Fresh Water Aquifer Supplementary Permit Conditions; Regulations Chapter V Part 673 , 20. Draft Supplemental Generic Environmental Impact Statement on the Oil, Gas and Solution Mining Regulatory Program, Well Permit Issuance for Horizontal Drilling and High-Volume Fracturing to Develop the Marcellus Shale and other Low-Permeability Gas Reservoirs, Bureau of Oil & Gas Resources, New York Dept. of Environmental Conservation, Division of Mineral Resources, September 2009.
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21. Technical Consulting Reports Prepared in Support of the Draft Supplemental Generic Environmental Impact Statement for Natural Gas Production in New York State, New York State Energy Research and Development Authority, Alpha Environmental Consultants, Inc., September 2009 22. American Petroleum Institute, Hydraulic Fracturing Operations Well Construction and Integrity Guidelines, API Guidance Document HF1, October 2009 23. American Petroleum Institute, Water Management Associated with Hydraulic Fracturing, API Guidance Document HF2, June 2010 24. American Petroleum Institute, Isolating Potential Flow Zones During Well Construction, API Recommended Practice 65- Part 2, May 2010 25. Canadian Association of Petroleum Producers, Best Management Practices, Natural Gas in Coal (NGC)/ Coalbed Methane (CBM), May 2006 26. Penn State University, Center for Dirt and Gravel Road Studies, The Dirt and Gravel Road Maintenance Program 27. Commonwealth Court Decision, July 22, 2010, Penneco Oil Company Inc., Range Resources-Appalachia, LLC, and the Independent Oil & Gas Association of Pennsylvania versus The County of Fayette, Pennsylvania, Zoning and Community Development of Fayette County, Pennsylvania; No. 18 C.D. 2010 28. Developing the Marcellus Shale, Environmental Policy and Planning Recommendations for the Development of the Marcellus Shale Play in Pennsylvania, A Report of Findings and Recommendations, The Pennsylvania Marcellus Shale Policy Conference in Pittsburg, Pa. The Pennsylvania Environmental Council, July 2010. 29. Delaware River Basin Commission, Delaware River, State of the Basin Report, 2008 30. Susquehanna River Basin Commission, Federal Register/ Vol. 74, No. 187, September 29, 2009; 18CFR Parts 806 and 808; effective November 1, 2009. 31. Plant Conservation Alliance, Alien Plant Working Group (APWG) http://www.nps.gov/plants/alien/ factmain.htm/ last updated: 07-Jul-2009 32. A Guide to Practical Management of Produced Water from Onshore Oil and Gas Operations in the United States, Prepared for the US Dept. of Energy, National Petroleum Technology Office by the Interstate Oil & Gas Compact Commission and ALL Consulting, October 2006. 33. US Environmental Protection Agency, Evaluation of Impacts to Underground Sources of Drinking Water by Hydraulic Fracturing of Coalbed Methane Reservoirs, June 2004, Chapter 4, Hydraulic Fracturing Fluids, EPA 816-R-04-003. 34. Final Impact Assessment Report, Impact Assessment of Natural Gas Production in the New York City Water Supply Watershed, prepared by Hazen & Sawyer and the New York City Department of Environmental Protection, December 2009. 35. Toxic Chemicals on Tap, How Natural Gas Drilling Threatens Drinking Water, Environment America, Michael Berkowitz, Environment America Research and Policy Center, November 2009. 36. Modern Shale Gas, Development in the United States, A Primer, for US Dept. of Energy, Office of Fossil Energy and National Energy Technology Laboratory, prepared by the Ground Water Protection Council and ALL Consulting, April 2009 37. Pennsylvanias Approach to Marcellus Shale Development, A Primer, prepared by the Pennsylvania Environmental Council, April 2009.
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Section II: Natural Resources Information and Assessments for the Upper Delaware River Watershed
This report provides an inventory of primary sources for natural resources information and assessments for the Upper Delaware River Watershed. An extraordinary amount of data characterizing the regions natural resources and conservation values is available from a number of sources, including federal, state, and local governments and non-profit organizations working in the region. Together, this data provides information about the water resources, forests, county open space priorities, habitat values, and geology of the region. This information is organized in this report into two broad categories: Resource Assessments and General Information and Maps. The Resource Assessments section includes information about county open space planning eorts and natural resource assessments developed by non-profit organizations. The General Information and Maps section includes maps of the region that focus on particular resource types, but do not include any further analysis, and information about resources such as county comprehensive plans. Included with each data source is information about what it is, how it was developed, and where to obtain the data or additional information. This inventory does not amount to a comprehensive representation of the natural resource values of the Upper Delaware River Basin. Its primary purpose is to provide information on natural resource and planning studies in response to issues and concerns noted by stakeholders through the joint Common Waters Partnership Upper Delaware River Roundtable Marcellus shale dialogue process (See participant list, page 70). There may be additional natural resource values that are not addressed by the information sources provided in this inventory. This inventory also does not prioritize natural resource values in any way. It is an educational guide for learning about and locating information about the Upper Delaware River Basin that has been completed by a number of organizations. Where data sources included in this inventory designate priority natural resources or conservation areas, these priorities are the opinion of the originator of the data. Inclusion here does not imply endorsement.
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Resource Assessments:
Open Space Plans: Pike County, PA
Summary Pike County, Pennsylvania adopted a county open space plan in 2008. The open space plan has been incorporated into the 2006 Pike County Comprehensive Plan (see County Comprehensive Plans section below for more information). The plan has a number of goals, including identification of priorities for open space conservation in order to maintain the countys rural character, tourism economy, and natural resources. The plan includes a wealth of information on the natural resources and open space conservation priorities of Pike County. The end result of the plan is an open space network that includes Conservation Opportunity Areas, a greenway network connecting opportunity areas, and a recreation plan. Information contributing to these outcomes includes a conservation suitability analysis of the entire county and an inventory of existing open space, greenways, and recreation opportunities in the county. Maps of Conservation Opportunity Areas and the county conservation suitability analysis are available from the Pike County Office of Community Planning. Scope The Pike County Open Space Plan covers all of Pike County, PA. Data The plan contains maps of natural resource values including existing open space, geology, steep slopes, hydric soils, water quality designations, wetlands, natural areas, important bird and mammal areas, forest cover density, properties enrolled in the Pennsylvania Clean and Green Program, and agricultural lands. Additional maps and information on historic sites, cultural resources, conceptual growth areas, and hunting clubs and summer camps are also included in the plan. Much of this data, along with other, more detailed datasets were used to develop conservation suitability maps for the entire county. These maps show the areas of the county most suitable for conservation and contributed to the development of the countys Conservation Opportunity Areas and greenways. About the Resource The responsibilities of the Pike County Office of Community Planning include development, management, and implementation of county planning initiatives and coordination and implementation of the Pike County Comprehensive Plan. Other core responsibilities of the Office of Community Planning are to provide professional technical planning assistance to municipal governments in areas such as municipal comprehensive planning, zoning, subdivision and land development, and to support and help facilitate local municipal and multi-municipal planning initiatives. Availability The Pike County Open Space Plan is available from the Pike County Office of Community Plannings website: http://www.pikepa.org/Planning/PikeOSP_Full_FINAL.pdf Additional information about the plan and the data used to develop the plan is available directly from the Pike County Office of Community Planning.
Monroe County, PA
Summary The Monroe County Open Space plan was completed in 2001. The plan identifies countywide open space resources and designates conservation priorities. The conservation priorities designated
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by the plan include the most important and threatened open spaces in the county. The priorities were developed through a technical process using the Natural Lands Trusts SmartConservation approach. The plan identifies important natural and cultural resources, existing open space and parks, and greenways and provides recommendations for protecting or expanding on these resources. It also provides an action plan for implementing the Open Space Plan priorities. Scope The Monroe County Open Space Plan covers all of Monroe County, PA. Data The Monroe County Open Space Plan provides detailed maps of the Natural Assessment Inventory priority sites, Natural Treasure Registry sites, important natural areas, agricultural lands, scenic geological features, scenic drives, historic sites, water resources, protected lands, parks, and proposed greenways. About the Source The Monroe County Planning Commission serves Monroe County, Pennsylvania through its Municipal Partnership Program, Financial Assistance Program, Open Space Program, geographic information systems services, annual water study, Agricultural Land Preservation Program, traffic counts, and by providing professional planning assistance. The stated mission of the Monroe County Planning Commission is, The citizens of Monroe County will continue working together to sustain and improve our quality of life by ensuring that the countys environmental, economic, and cultural assets are within reach of all its people. Availability The Monroe County Open Space Plan is available from the Monroe County Planning Commission: http://www.co.monroe.pa.us/planning_records/cwp/view.asp?a=1551&q=605209&planning_rec ordsNav=|34304|34307|. Additional information about the plan and the data used to develop the plan is available directly from the Monroe County Planning Commission.
Sullivan County, NY
Summary The Sullivan County, NY Open Space Plan was adopted in 2008. The purpose of the plan is to target conservation eorts to high priority areas. Conservation priorities are identified through analysis of agricultural, biodiversity, recreational and cultural, and water resources. Detailed geographic information system analysis was conducted for each resource type to inform the final set of conservation priorities. Growth pressures were also evaluated in developing priorities. The plan includes maps of each of the resource types evaluated, overall conservation priorities, and goals and strategies for conserving priorities. The overall priorities and goals of the county open space plan are also consistent with those of the New York State Open Space Plan priorities in Sullivan County. The Sullivan County Open Space Plan was developed cooperatively by the county and nongovernmental organizations and with citizen input. Scope The Sullivan County Open Space Plan covers all of Sullivan County, NY. Data The Sullivan County Open Space Plan contains detailed maps of the countys agricultural, biodiversity, recreational and cultural, and water resources. A wide variety of data inputs were used to create these maps. The data was reviewed by technical teams knowledgeable of each resource type for completeness and applicability to the resource in question. A stakeholder meeting was also held to review the results of the resource mapping and develop strategies for the Open Space Plan. The final plan describes priority areas for conservation for each resource type.
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About the Source The Sullivan County Division of Planning & Environmental Management is responsible for the creation of programs that foster orderly development and redevelopment of the Countys physical infrastructure in a manner that conserves natural resources while providing economic opportunity for area residents. The Division of Planning also oers technical assistance to local municipalities and assists with the development of land use policies. Availability The Sullivan County Open Space Plan is available from the Sullivan County Division of Planning & Environmental Management website: http://www.co.sullivan.ny.us/Departments/Planninga ndEnvironmentalManagement/tabid/3225/Default.aspx. Additional information about the plan and the data used to develop the plan is available directly from the Sullivan County Division of Planning and Environmental Management.
Wayne County, PA
Summary Wayne County does not have an Open Space Plan at this time, but has included some open space considerations in its recently completed Comprehensive Plan. In the context of the overall Comprehensive Plan, a natural resources analysis was conducted. The natural resources analysis provides general information on the resources present in Wayne County and maps of important farmland, steep slopes, and hydric soils. Scope This plan covers all of Wayne County, PA. Data General information is provided on natural resources present in Wayne County, including geology, topography, soils, hydrology, forests, wildlife, and scenery. Maps of important farmland, steep slopes, and hydric soils are provided. About the Source The Wayne County Planning Commission consists of a nine member board, which is appointed by the County Commissioners. Each board member represents a portion of Wayne County. Availability The Wayne County Comprehensive Plan is available on the Wayne County website at: http:// plan.co.wayne.pa.us/. Additional information about the plan and how it was developed may be obtained by contacting the Wayne County Planning Commission.
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Scope The New York State Open Space Plan covers the entire state of New York. It is a useful reference for areas both within and outside the Delaware River Basin. Data The plan provides information on regional conservation projects, resource inventories, existing programs and partnerships, and regional advisory committee recommendations for conservation priorities. Conservation priorities identified by the Open Space Plan are mapped. The plan also contains supporting information explaining how the various maps and priorities contained in the plan were developed. Numerous additional resources are also provided in the plan, included web links, for those wanting additional information on selected topics. About the Resource The New York State Open Space Plan is updated by the New York State Department of Environmental Conservation every three years. It is prepared by the Department of Environmental Conservation (DEC), the Office of Parks, Recreation and Historic Preservation (OPRHP), the Department of Agriculture & Markets, the Department of Transportation, and the Department of State. In addition, Regional Advisory Committees provide local input into the plan development process. Availability The New York State Open Space Plan is available from the New York State Department of Environmental Conservation: http://www.dec.ny.gov/lands/47990.html
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There are seven dierent individual resource types that are considered in determining the rank of a given block: Forested Lands Headwater Streams small tributary streams to the Delaware River and the areas around them Reservoir Watersheds areas that drain into reservoirs Exceptional Quality Streams streams designated by states as exceptional quality and the areas around them Trout Reproduction Waters streams that support trout populations, an indication of water quality, and the areas around them Groundwater Recharge Areas areas with soils that are important for the recharge of aquifers Drinking Water Wells areas surrounded public water supply wells
Otsego
Schoharie
Albany
Greene Delaware
Broome
Ulster Susquehanna
Lackawanna Pike
Orange
Rockland
Bergen
Carbon Northampton
Warren
Morris
Schuylkill
Disclaimer: This map is not a survey. The information imparted with this map is meant to assist Natural Lands Trust, Inc., describe the placement of certain retained, reserved, or excluded rights and to calculate acreage figures. Property boundaries, while approximate, were established using the best available information, which may have included: surveys, tax maps, field mapping using G.P.S., and/or orthophotos. Natural Lands Trust, Inc., makes no representation as to the accuracy of said property lines (or any other lines), and no liability is assumed by reason of reliance thereon. Use of this map for other than its intended purpose requires the written consent of Natural Lands Trust, Inc.
Essex
Hudson n
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Each resource type is assigned a value, the data are layered on top of one another, and the values for each block are added together to determine the value of each block for drinking water. About the Source The Natural Lands Trust is a not-for-profit conservation organization based in Media, Pennsylvania. Its mission is to save natural areas for generations to come, steward landscapes to support a healthy environment, and to connect people to the natural world around them. The development of the Drinking Water Source Model was supported by the Common Waters Partnership. Availability The Natural Lands Trust Drinking Water Source Model data are available from the Pinchot Institute for Conservation, who distributes the data on behalf of the Common Waters Partnership: www.commonwaterspartnership.org
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Otsego
Schoharie
Albany
Greene Delaware
Ulster Susquehanna
Lackawanna Pike
Orange
Rockland
Bergen
Carbon Northampton
Warren
Morris
Schuylkill
Disclaimer: This map is not a survey. The information imparted with this map is meant to assist Natural Lands Trust, Inc., describe the placement of certain retained, reserved, or excluded rights and to calculate acreage figures. Property boundaries, while approximate, were established using the best available information, which may have included: surveys, tax maps, field mapping using G.P.S., and/or orthophotos. Natural Lands Trust, Inc., makes no representation as to the accuracy of said property lines (or any other lines), and no liability is assumed by reason of reliance thereon. Use of this map for other than its intended purpose requires the written consent of Natural Lands Trust, Inc.
Essex
Hudson n
COMMON WATERS
Miles 14
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The Aquatic Assessment combines the following resource values: Riparian Buer Quality land cover types assigned values based on habitat potential and averaged in the 100 ft buer (each side) of streams and weighted based on associated stream order. Water Quality (303d/305b) value assigned to attaining, unattaining and unassessed streams then averaged within small watersheds and weighted by stream length. Headwaters Protection flow accumulation based on the number of raster cells (30m x 30m) flowing into each cell then averaged within small watersheds. Impervious Cover (2001) impervious cover percent averaged within small watersheds Forested Water Quality percent of 1st and 2nd order streams and percent of forest cover calculated within small watersheds. The overall value is the average of the two component values. Hydric Soils Floodplains 100 year floodplains National Wetlands Inventory - wetlands assigned value based on NWI class (i.e. Forested, Emergent, Open Water) Slopes conservation value assigned by percent of slope
Each resource type is assigned a value, the data are layered on top of one another, and the values for each resource type are added together to determine overall conservation value of each block. About the Source The Natural Lands Trust is a not-for-profit conservation organization based in Media, Pennsylvania. Its mission is to save natural areas for generations to come, steward landscapes to support a healthy environment, and to connect people to the natural world around them. The development of the SmartConservation Aquatic Assessment was supported in part by the Common Waters Partnership. Availability The Natural Lands Trust SmartConservation Aquatic Assessment data are available from the Pinchot Institute for Conservation, who distributes the data on behalf of the Common Waters Partnership: www.commonwaterspartnership.org
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Scope The Nature Conservancys Priority Forest Areas are available for the entire Upper Delaware River Watershed and the entire state of Pennsylvania. Priority Forest Areas are also available for the New Jersey portion of the Delaware River Basin. Data Priority forest areas represent places that The Nature Conservancy has identified as ecologically important at the regional and individual state chapter levels. In 2003, The Nature Conservancys ecoregional planning process identified Matrix Forest Blocks that are large contiguous areas whose size and natural condition allow for the maintenance of ecological processes, viable occurrences of matrix forest communities, embedded large and small patch communities, and embedded species populations. Since 2003, each state chapter modified those forest priorities based on new information and new analysis methods. TNC-NJ developed Priority Conservation Areas that represent large, high-quality, forested blocks. TNC-NY did some slight refining of their Matrix Forest Block boundaries. TNC-PA built upon the Matrix Forest Block concept by conducting a Forest Conservation Analysis to refine its forest priorities. About the Source The Nature Conservancy is a leading national and international conservation organization. It pursues its goals through science-based, collaborative approaches. This data was developed by the Pennsylvania and New York Chapters of The Nature Conservancy. Availability Additional information about The Nature Conservancy Priority Forest Areas and maps of the data are available from the Pennsylvania and New York Chapters of The Nature Conservancy: http://www.nature.org/wherewework/northarmerica/states/newyork/ http://www.nature.org/wherewework/northamerica/states/pennsylvania/ Additional Data on Avian Habitats: Data and information on bird habitats in the Delaware River Basin can be obtained from a variety of sources. The Upper Delaware River region is an important wintering ground for bald eagles. The Eagle Institute in Lackawaxen, PA is dedicated to the protection of bald eagles and other birds of prey and collects data about eagles in the Upper Delaware area. The Eagle Institute may be able to provide information and assistance on areas important to eagles and birds of prey and how to avoid impacting their habitat. More information about the Eagle Institute is available at: http://www. eagleinstitute.org The Audubon Society has detailed information available for designated Important Bird Areas. Important Bird Areas are sites that provide habitat for one or more species of bird and meet certain specific criteria. Information on designated Important Bird Areas in the Delaware River Basin is available from the Pennsylvania and New York chapters of the Audubon Society. For each Important Bird Area, detailed information on location, species present, and habitat is available. More information about Important Bird areas is available at: New York: http://ny.audubon.org/BirdSci_IBAs.html Pennsylvania: http://pa/audubon.org/iba/
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43
44
West Branch, Delaware River -90 miles West Branch, Delaware River 90 miles East Branch, Delaware River 75 miles East Branch, Delaware River -75 miles Upper Delaware Scenic Recreational River - 73.4 miles Upper Delaware Scenic && Recreational River 73.4 miles 88 Tri-State Bend (Port Jervis area) 8.3 miles Tri-State Bend (Port Jervis area) - 8.3 miles Middle Delaware Scenic Recreational River within Delaware Water Gap Middle Delaware Scenic && Recreational River within Delaware Water Gap National Recreation Area - 40.6 miles National Recreation Area 40.6 miles
Chenango County
Bainbridge
Oneonta
Schoharie County
Prattsville
r ive Riv
Delhi
s We
h anc t Br
De
law
a re
Greene County
Eas
h anc t Br
De
law
a re
er Riv
Cannonsville Reservoir
Windsor
N E W
Pepacton Reservoir
Ulster County
Hancock
Susquehanna County
Delaware River
U Up p
er
Delaw
ar
Neversink Reservoir
Y O R K
Callicoon
o llic on Cr ee k
17 44
e e
e Sce
nic
&
Ca
Ellenville
209
81
Sullivan County
Monticello
Mongaup River
ti n Recr e ational
Wa yne C ounty
Honesdale
6
97
v R i
r er
Lackawanna
Hawley Scranton
Lackawaxen River
ve r
Middletown
6 84
Ne
Wallenpaupack
ve r
P E N N S Y L V kA N I A L Lake
sin
Ri
Orange County
6
A
Montague
380
r Gap
206
ate
Sussex
Legend
Watershed Boundary Towns County Seat
Monroe County
De
80
ar
aw
D
r ive
el
209
N E W
Sussex County
Newton
la
re wa
J E R S E Y
15 206
Carbon
Stroudsburg
Wa rren Count y
476 209 46
Stanhope
ST ST
County
33
Northampton County
Morris County
16
206
24 Miles
10/05/2009 Graphic File: RegionOverview.pdf Created By: NPS, Delaware Water Gap NRA
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Common Waters layout.indd 6 10/16/2009 2:28:50 PM
Devonian Period
MDsk Spechty Kopf Formation Dck Catskill Formation Dcd Catskill Formation, Duncannon Member
Dsw
Dcpg Catskill Formation, Poplar Gap Member Dcpp Catskill Formation, Poplar Gap and Packerton Mbrs. Dcp Catskill Formation, Packerton Member Dclr Catskill Formation, Long Run Member Dclw Catskill Formation, Long Run and Walcksville Mbrs. Dcw Catskill Formation, Walcksville Member
Dwrg Dwrg g
NY NY PA
Dct
h2o h2o 2 h2o D w Dww
Dwh Honesdale Formation Dws Slide Mountain Formation Dww Upper Walton Formation
Dws Dwh Dck Pp Pp
NY NY
Dsw
PA
a a llaw De re re
Dhmo
Db
r ve R Ri
De Do Drc
NY NY NJ Omh NJ Om Omh m
Silurian Period
Dclr Omr OmbOCa mbOCa a Obu Ob Obu b j Oj Ow Ow
Srp
Rondout Formation
DcbrDcw brDcw r w Dm
Sdp Decker Formation through Poxono Island Formation Sbv Bossardville Limestone Sp
Poxono Island Formation Bloomsburg Red Beds Shawangunk Formation
Sb Ss
Ordovician Period
Om
Martinsburg Formation
Karst dissolution features such as caves, sinkholes, and underground rivers can reduce ground water quality because of reduced rainwater interaction with soils and can spread any ground water contaminations faster than normal. These karst features usually happen in limestones such as the Onondaga / Buttermilk Falls Limestone, Schoharie Formation, Coeymans Formation and others. The Marcellus Shale natural gas drilling is occurring in areas northwest of the Marcellus Shale where it is covered by younger Devonian through Pennsylvanian Period rock units west of here.
10/05/2009 Graphic File: Geology.pdf Created By: NPS, Delaware Water Gap NRA
Omgs Martinsburg Formation, graywacke and shale g Omr Martinsburg Formation, Ramseyburg Member Omb Martinsburg Formation, Bushkill Member Omh Martinsburg Formation, High Point Member Oag Austin Glen Formation Oj
Jacksonburg Limestone
Geologic Units
Descriptions of formations can be found at:
http://ngmdb.usgs.gov/Geolex/geolex_home.html
Holocene
h2o Bodies of Water
Pennsylvanian Epoch
Pp
Pottsville Formation
10/16/2009 2:43:18 PM
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Aquifer Information and Maps for the Upper Delaware River Region
Information about groundwater aquifers in the Upper Delaware River Watershed region can be found from several sources. The USGS has the largest store of information on groundwater characteristics, aquifers, and maps in the region. USGS information is available in a number of formats. The USGS has created a Groundwater Atlas of the United States. The Groundwater Atlas provides general information about drinking water aquifers for the entire United States, including the Upper Delaware River Region. It is available on the USGS website (link below). The USGS also has state Water Science Centers in each state. The Water Science Centers provide detailed information, including well monitoring, for aquifers throughout the state. The Water Science Centers also work with state agencies to conduct research and provide groundwater information. In Pennsylvania, the Pennsylvania Topographic and Geologic Survey works with USGS and also provides additional information and monitoring. In New York, USGS is currently working with the New York Department of Environmental Conservation on a study of the hydrogeology of selected aquifers within the Marcellus shale region to evaluate potential groundwater impacts. Aquifer maps for some parts of New York are also available.
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CHENANGO DELAWARE
West Branch of the Delaware River
GREENE
BROOME
East Branch Delaware River
ULSTER
SUSQUEHANNA
Equinunk Creek
Callicoon Creek
SULLIVAN
Calkins Creek
WAYNE
Tusten Creek
Mongaup River
Neversink River
LACKAWANNA
Lackawaxen River
Shohola Creek
Sawkill Creek
PIKE
ORANGE
MORRIS14
21 Miles
Data Source: The watershed boundaries were created as part of the NPS Water Resources Division's Watershed Condition Assessment Project. They were generated from 10 Meter DEMs using the Spatial Analyst Hydrology toolset and based partially on the process established by Brady Mattson of the University of Georgia.
10/16/2009 2:41:34 PM
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Links:
Groundwater Atlas of the United States: http://pubs.usgs.gov/ha/ha730/ USGS Pennsylvania Water Science Center: http://pa.water.usgs.gov/ Pennsylvania Topographic and Geologic Survey: http://www.dcnr.state.pa.us/topogeo/groundwater/index.aspx USGS New York Water Science Center: http://ny.water.usgs.gov/ USGS New York DEC Hydrogeology Study: http://ny.cf.er.usgs.gov/nyprojectsearch/projects/2457-CP30.html USGS New York Aquifer Maps: http://ny.water.usgs.gov/projects/bgag/aquifer.maps/index.html
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The bulk of this report is a matrix of current regulations. This matrix can be used to compare the regulations between the states. The matrix is broken down into several segments to ease comparison. The sections are: Well Pads Surface Water Withdrawal Ground Water Withdrawal Waste Disposal
In addition to comparing the regulations, policies, or guidance documents applicable in each state, the specific sections of the regulations, guidance documents, or policies are cited for easy reference and further study. A brief summary of the regulations in each state precedes the matrix. This summary provides an overview of the current state of regulations in New York and Pennsylvania for each of the four issue areas.
The well operators are required to notify the Department of Environmental Protection when gas migration is noted or reported in an area where gas wells exist. Follow-up actions will be required of the operator. Quarterly surveys of all operating wells are required to ensure they are structurally sound and that individual wells have not been compromised.
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Well locations are subject to a number of site restrictions in both New York and Pennsylvania. When finalized, DRBCs regulations may also supplement these existing restrictions. Restrictions are generally in the form of buer distances, which vary based on what is being buered. The chart below lists the distances New York and Pennsylvania require from specific features: Features Water Body Wetlands Occupied Dwellings Public Buildings Water Supplies New York 50 100 100 150 varies Pennsylvania 100 100 200 200 200
Both states allow for waivers or variances from these distances in certain specific cases. For example, in Pennsylvania, the owner of a building or water well may grant permission to drill within the regulatory buer distance. In addition, waivers may be granted if buers restrict access to the gas resource owned or leased by a gas company and they take extra measures to mitigate impacts. In New York, permit applicants may apply for variances to buer distances, but must provide documentation explaining the need with their application and participate in a public hearing. New York and Pennsylvania both require the operator to notify adjacent landowners and municipal officials of a proposed well location by certified mail. In New York, a Notification and Reporting Requirements document requires notification of any local government (County, Town, or City Officials) and any surface owner aected by the drilling operations. In Pennsylvania, the well operator is required to develop a detailed map (a plat) to accompany their well permit application. This map must also be mailed to the landowner of the property where the well is located, adjacent landowners, water suppliers within 1,000 feet of the well site, and owners of rights to underlying coal seams. Other natural and cultural features must also be considered in the location of wells, though no specific regulatory isolation distances are specified. New York requires an Environmental Assessment form that requires information on the location of aquifers, public and municipal water supplies, surface waters, agricultural districts, land within a soil and water conservation plan, 100 year floodplains, wetlands and wetland buer zones, costal management areas, critical environmental areas, endangered and threatened species, and visual resources of statewide impact. If these features are within the distances to the well site specified in the Generic Environmental Impact Statement, Chapter 8, additional permits, approvals, and/or mitigation measures may be required. In Pennsylvania, other environmental values considered during the permitting process include: publicly owned parks, forests, game lands, and wildlife areas; National Natural Landmarks; National or Scenic Rivers; and habitats of rare and endangered flora and fauna and other critical communities. Areas within the 100 year floodplain the area that has a 1 in 100 chance of being flooded any given year by a river or stream are regulated by local municipal rules and vary widely. However, in Pennsylvania, a Title 25 Pennsylvania Code Chapter 105 encroachment permit is needed for structures located in floodways. A floodway is defined in Chapter 105 as: The channel of the watercourse and portions of the adjoining floodplains which are reasonably required to carry and discharge the 100-year frequency flood. An Encroachment permit is required to assure proper planning, design, construction, maintenance, and monitoring of water obstructions and encroachments, in order to prevent unreasonable interference with water flow and to protect navigation. Obstruction/encroachment permits are needed for structures such as road or pipeline crossings over or under streams, wetlands, or other water bodies to ensure these structures will not have negative impacts up or downstream. Improper construction may aect the current or cross section of the stream resulting in damage or alteration of the stream bank, change stream flow dynamics so that flood flows are altered, or be a hazard to navigation in the stream or river. Encroachment permits are also required if there are impacts to wetlands by drill pads, roads or pipelines.
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Well Construction New York and Pennsylvania also regulate all aspects of construction of the gas well itself. Well casings are required for all gas wells to prevent the migration of gas or fluids into sources of fresh water and to prevent diminution of fresh water aquifers. Regulations require well casing installed and cemented in place to depths below fresh water aquifers. Both New York and Pennsylvania require this procedure; however, at this time only New York requires pressure testing under their Casing and Cementing Practices standards. At this time neither New York nor Pennsylvania requires testing of private or public water supply wells prior to commencement of the natural gas exploration or development operations. Under Pennsylvania law, there is a presumption of responsibility for water well pollution or diminution of water supplies within 1000 feet of a gas well and within 6 months of completion of the gas well. However, the gas well permittee may be able to limit liability if it can show that a water well was contaminated prior to the commencement of the natural gas exploration or development operation by conducting a predrilling or prealteration survey as identified in Title 25 Pennsylvania Code Chapter 78.52. This section requires the gas well permittee to utilize the services of an independent certified drinking water laboratory for the analysis of the drinking water well. The survey must include the following: the location of the water supply and the name of the surface landowner or water purveyor; The date of the survey and name of the certified laboratory and the name of the person who conducted the survey; A description of where and how the sample was collected; A description of the type and age, if known, of the water supply, and treatment, if any; The name of the well operator, name and number of well to be drilled and permit number, if known; The results of the laboratory analysis. There is no list of chemicals or bacterial analysis that is required for the water analysis in the regulations; however, Penn State University has prepared a recommended list of sampling parameters. The spacing requirements for gas well sites in New York is defined in Title 6 NYCRR 553, Well Spacing and Well Spacing and Integration Conditions. These regulations currently require 40 acre spacing units one well pad (which may contain multiple wells) per 40 acres - with no wellbore within 330 feet of a unit boundary. This means one well pad per 40 acres, with no well located within 330 feet of a property boundary. Section 553 also provides that an operator may apply for a spacing order to establish spacing of wells to promote eective development, use, or conservation of the gas resource. Spacing orders allow for closer spacing of well pads. A public hearing is required before a spacing order is approved. Details on the requirements for the spacing order can be found in Title 6 NYCRR 553.3. In Pennsylvania, the well sites must be 1,000 feet apart in areas that have coal deposits and at least 330 feet from another claim or tract boundary. Pennsylvania also has well spacing orders that may be applied for gas wells other than the Marcellus wells, pursuant to Act 359 and Act 214. Act 214, the Coal and Gas Resource Coordination Act, requires coordination of coal mines and gas well operators with natural gas or oil wells that may penetrate a workable coal seam. Act 359, the Oil and Gas Conservation Law, defines and prohibits waste in the production of oil and gas. This act does not apply to Marcellus shale wells, as the act provides exceptions for wells that do not penetrate the Onondaga Formation and the Marcellus formation lies above the Onondaga formation according to the Pennsylvania Geologic Survey. Drilling fluids and drill cuttings from the drilling activity are regulated in both states. Fluids and cuttings can be stored in on-site tanks or impoundments. Both states require a plan for the ultimate disposal of such fluids. Additional environmental permits may be required for disposal of the fluids. Drilling muds may be disposed of in place or removed to a land fill. In New York, fluids must be removed within 45 days of completion of drilling operations, while in Pennsylvania the fluids may remain on the site for up to 270 days after completion of drilling operations. Both states allow for the use of lined storage ponds for waste fluids or sealed tanks. All pits must be lined and must have sufficient freeboard to prevent overtopping during rain events. Both lined or unlined impoundments or may be utilized for storage of fresh water for use in the hydraulic fracturing operation. Impoundments in both states may require additional permits if the size of these facilities meets regulatory thresholds related to the construction of impoundments.
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These regulatory thresholds include depth, height, and other specific engineering specifications. In Pennsylvania, if a storage pond dam is higher than 15 feet, has a contributory drainage area greater than 100 acres, or the impounding capacity at maximum storage elevation exceeds 50 acre-feet, then a Dam Safety Permit is required. New York requires a permit if a dam is higher than 15 feet and the maximum capacity is greater than 3 million gallons or if a dam is higher than 6 feet and the maximum capacity is greater than 1 million gallons. Produced water (water that returns to the surface during the production phase of a well) is regulated in both states and plans for the disposal of this waste is required. During the drilling phase, both states conduct site inspections to verify conformance with applicable regulations and procedures. Emergency reporting of spills are required within 2 hours in New York. Pennsylvania also requires reporting of spills and mandates immediate notification for fires or gas explosions. Upon completion of the drilling operation and conversion to gas production, both states require site restoration. Pennsylvanias requirements are currently more stringent than New Yorks. Well Plugging is required by both states once the well is depleted and is no longer producing gas. Erosion and Sediment Control Erosion and sediment control refers to management practices employed to reduce soil erosion and discharge of sediment and storm water runo to water bodies. Both states have permitting programs for these activities under the Federal Clean Water Act, National Pollution Discharge Elimination Program. While some gas well related activities may be exempted from federal regulation, Pennsylvania and New York include erosion and sedimentation control activities in their permitting programs. In Pennsylvania, a general permit (ESCGP-1) may be utilized, but in high quality or exceptional value watersheds an individual permit may be needed for disturbances exceeding five acres. Erosion and sediment control plans are required and must be submitted with the well permit application and posted at the well pad site. In New York, permits are needed if earth disturbance exceeds 1 acre and must specifically address water quality management practices if a disturbance exceeds five acres.
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Pass-by flow requirements refer to the amount of water flow that needs to be maintained in a stream to protect downstream uses and aquatic life. New York law provides that no alteration of flow that will impair the waters for their best use is allowed. Pennsylvania requires a stream flow analysis and may set pass-by flow requirements through the information in a Water Management Plan. The river basin commissions are also involved in this process and routinely set pass-by flow requirements as a part of their approval processes. Drought Contingency Plans are factored into the approval process by Pennsylvania for Water Management Plans and by river basin commissions for withdrawal permits. All withdrawals have limits on the amount of water that may be withdrawn with respect to the actual stream flow, and during drought periods no water may be withdrawn if it impacts downstream uses or aquatic life. Aquatic life surveys are used to determine if there are any potential negative eects on aquatic life at the withdrawal location. Surveys at the withdrawal location are not required in New York and Pennsylvania. The Susquehanna River Basin Commission does conduct surveys at sites in the Susquehanna River watershed. Pennsylvania requires a Pennsylvania Natural Diversity Index review and resolution of hits (hits are an indication that a threatened or endangered species may be in a specific location) prior to approval of a Water Management Plan. Invasive species controls prevent the spread of invasive species from one location to another. Neither New York nor Pennsylvania requires invasive species control at withdrawal sites. However, river basin commissions may include invasive species controls in their permitting processes. While specific regulations do not exist at this time, docket conditions allow the commissions to consider and require controls if appropriate. An example of this is found in the Stone Energy docket for water withdrawal from the Lackawaxen River, July 2010. Impingement and entrainment refers to the possibility that the withdrawal intake structure can impact aquatic life at a site. Pennsylvania may require a permit under Chapter 105 depending on the type of intake structure proposed. Details of the Pennsylvania requirements for these structures can be found in the Department of Environmental Protection, Bureau of Watershed Management, General Permit, BDWM-GP-4 INTAKE AND OUTFALL STRUCTURES at http://www. elibrary.dep.state.pa.us/dsweb/Get/Document-72809/3930-PM-WM0504.pdf. In New York, these issues would be addressed in the SEGIS Process, however detailed regulations for intake structures could not be located except under Title 6 NYCRR 704, which applies to Thermal Discharges. Water metering to track the amount of water withdrawn from surface waters must follow river basin commission guidelines and reporting requirements. In addition, the quantities withdrawn must be reported to the states following the requirements for reporting in the respective state. Tracking of the water once it is withdrawn is not required by New York or Pennsylvania, but may be tracked by river basin commissions.
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Site location restrictions are minimal. Flood plain issues are left to the local municipal regulations. Water withdrawal wells must be flood proofed. Required distances of a proposed well from various resources and structures are not defined in state regulations, except for restrictions applicable to wetlands. In Pennsylvania, groundwater withdrawal cannot impact wetland hydrology under provisions in the Clean Stream Law. Pump testing of wells is required by DRBC and New York has a recommended pump test procedures for water supply applications in conjunction with the Susquehanna River Basin Commissions aquifer testing protocol. Pennsylvania does not regulate pump testing or groundwater withdrawals except for public water supply wells. Water metering to track the amount of water withdrawn from ground waters must follow DRBCs water metering and reporting guidelines. In addition the quantities withdrawn must be reported to New York or Pennsylvania following the requirements for reporting in the respective state. Tracking of the water use once it is withdrawn is not required by the respective states, but may be tracked by DRBC. Usage fees are not set by either New York or Pennsylvania, though New York does have an annual $50 reporting fee. DRBC may also set user fees.
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Pennsylvania
Regulation/ Law Citations
Yes No Yes Up to 50 with verbal notification then written notice within 10-days 1 year Yes
Permit relocation (move well location up to x ft)? Commencement of operation Posting of permit required at site?
NYCRR 552.3
Water bodies
NYCRR 552.3
Act 223
Wetlands buffer Sensitive areas (T&E species habitat) Forested areas Steep slopes - > 15%
permit - 100 buer Impact needs to be considered Permit for State Parklands (OPRHP) No 100 from occupied dwellings 150 from public buildings 75 from public roads Not addressed 2,640; site specific SEIS required if less than 1000 from municipal well; between 1000 & 2000 a site specific assessment and SEQRA determination required
Occupied homes
NYCRR 553.2
Act 223
200
Act 223
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Pennsylvania
Regulation/ Law Citations 25 Pa. Code Chapter 102 25 Pa. Code Chapter 102 25 Pa. Code Chapter 105 Not addressed
Yes
Yes
ECL Article 17
Yes
Yes Case-by case basis Shall be such to prevent pollution& mitigation of oil, gas, etc. from one pool to another. 1994GEIS If surface casing utilized, then must be grouted Yes
NYCRR 663
Yes No
Casing Requirements
Casing requirements
NYCRR 554.1
Yes
Yes Proposed
Administrative
Permit length Permit renewal/ extension? Transfer of ownership Variances Water use fees (total volume, consumptive use) Bonding requirement 180 days Yes No, but may be re-issued permitted with public notice and hearing None Yes NYCRR 552.2 NYCRR 552.3 NYCRR 552.3 NYCRR 553.4 Not addressed NYCRR 552.2 1-year Yes-if significant funds have been expended Yes Some None Yes Act 223 Act 223 Act 223 & 25 Pa. Code Chapter 78.13 Act 223 Not addressed Chapter 78.302
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Pennsylvania
Regulation/ Law Citations none specified Act 223 & 25 Pa. Code Chapter 78
Horizontal well
Vertical well
Act 223
Disposal of drill cuttings below surface casing seatpits Distance from water supply Minimum soil depth for disposal NORM (Naturally Occurring Radioactive Materials) analysis Removal of drilling fluids pit
NYCRR 554.1
SEIS REQUIRED IF LESS THAN 1000 Not addressed 6 NYCRR Part 380 & part 360 NYCRR 554.1(c)(3);N otification & Reporting requirements
25 Pa. Code Chapter 78.61 25 Pa. Code Chapter 78.61 & 78.62 Rad Protection Regs and Waste Management Regs 25 Pa. Code Chapter 78.56
270 days
Liner
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Pennsylvania
Regulation/ Law Citations 25 Pa. Code Chapter 78.62
Freeboard required
Depth restrictions
Yes
Impoundment floor must have 24 buer above seasonal high water table Prior to creating Pit, waste control and disposal plan req.
NYCRR 556.5
Storage Structures
Lined w/ 6 debris free sub-grade. Min 30 mil (thick enough to not fail). Syn. flexible liner w/ coefficient of perm no greater 1 x 10-7 cm/sec and w/ strength and thickness to maintain liner integrity. Must not >250,000 gal in single or connected network of pits; Total Volume of all pits on a tract not to exceed 500,000 gal. Subbase designed to be smooth, debris free. Bottom min. 20 above seasonal high groundwater table. at least 2 feet of freeboard remain at all times, If open pit unless the tank is provided with an overflow system to a standby tank or pit with sufficient volume to contain all excess fluid or waste. Unless a CSL permit (691.1691.1001) or 78.57 or 78.58 (control, storage and disposal of production fluids) approval in place; Pit must be removed or filled within 9 months after completion of drilling No brine discharge or other fluids on or into the ground or into the waters. reasonably protected from unauthorized acts of third parties.
Liner
Yes
NYCRR 556.5
Yes
Freeboard required
No fluids allowed to escape over or into adjacent lands or into streams or other bodies of water
NYCRR 665.5
Yes
NYCRR 555.5
Yes
NYCRR 556.5
Site enclosures
No
none specified
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Pennsylvania
Regulation/ Law Citations
Site Restoration
Restoration required? Site inspections Erosion & sedimentation control during restoration Specific site restoration requirements Emergency reporting spills Yes Yes Yes Yes Yes, within 2 hours for reportable quantities NYCRR 555.5 NYCRR 550.5 Article 17, Titles 7,8 and Article 70 NYCRR 555.5 NYCRR 595.3 Yes, 270 days after operations cease Yes Yes Yes Yes, immediately for fires or gas explosions 25 Pa. Code Chapter 78 25 Pa. Code Chapter 78.902-906 25 Pa. Code Chapter 78.902-906 25 Pa. Code Chapter 78.902-906 25 Pa. Code Chapter 79
Pipelines
Permitting of environmentally sensitive areas wetlands & streams: Federally delegated Air & Water resources; NY PSC has siting jurisdiction over all lines operating at 125 psi or more and over 1,000 feet in length NY PSC has siting jurisdiction over all lines operating at 125 psi or more and over 1,000 feet in length
Gathering lines
Interstate
Erosion & Sediment Control, Wetland and stream Impacts: Pa PUC approval
Well Abandonment
Plugging required Yes NYCRR 555 Yes Act 223
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NYSDEC (pre-GEIS) Application/permit required (Surface water) Review threshold - surface water (gpd/consumptive use)
PADEP Water Management Plan Required for Marcellus Wells Reporting Requirement under Act 220 for over 10,000 gpd
Yes
NYCRR 605
100,000
Act 220
Reporting: Reports are required to DRBC for withdrawals of 100,000 gallons per day during any 30 day period.
NYCRR 703.2
Yes
Fishery policy
Not addressed
Yes
No
Not addressed
No
Not addressed
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Pennsylvania
Regulation/ Law Citation
PADEP
Water Metering
Electronic measurement Instantaneous real-time reporting Intake only Storage tank outlet No No No No Not addressed Not addressed Not addressed Not addressed Yes Yes Yes Yes Water Mangement Plan Water Mangement Plan Water Mangement Plan Water Mangement Plan
Water Tracking
Source summary (which withdrawal location) Real-time tracking & reporting Water use and reporting Truck manifest Destination summary (wells vs. dust control) Water Mgmt Plan must be submitted before each Marcellus well development Yes Yes Yes Yes Water Management Plan Water Mangement Plan Water Mangement Plan Water Mangement Plan Water Mangement Plan
No
Not addressed
No No No No
Site Operations
Emergency management plan Drought contingency plan No No Not addressed Not addressed Yes Restrictions based on flow Water Mangement Plan Water Mangement Plan, Clean Streams Law
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Pennsylvania
Regulation/ Law Citation
No
Not Addressed
Registration: 10,000 g/d over any 30-day period W/ Registration, SEQR state is required for all Review threshold - groundwater Reporting requirement, Act 220 within 1000 feet of a public water agencies, (gpd/consumptive use) Article 15, Title 33 PWS hydropower facilities and operations that withdraw or use more than. Reporting: Reports are required within the Delaware River Basin for withdrawals of over 100,000 gallons per day during any 30-day period.
Floodway
Not Addressed
100-year floodplain
Not Addressed
25 Pa. Code Chapter 105 25 Pa. Code Chapter 105 25 Pa. Code Chapter 105
Title 10 GEIS
NYCRR 601.5
Not Addressed
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Pennsylvania
Regulation/ Law Citation
PADEP
Water Metering
Electronic measurement Instantaneous real-time reporting None None Not Addressed Not Addressed Yes Yes Water Management Plan Water Management Plan
Site Operations
Drought contingency plan Title 10 Inferred 51.33(b)(2), (7), Not Addressed Yes Water Management Plan
No
Not Addressed
Pennsylvania
Regulation/ Law Citation
PADEP
Timing
NYCRR 554.1
Yes
NYCRR 554.1
Must be removed, cannot discharge to any Commonwealth waters unless permitted under Cleam Streams Law Yes, for non-frac fluids
Yes
NYCRR 556
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Pennsylvania
Regulation / Law Citation EPA Regs Applied 25 Pa. Code Chapter 78.60 25 Pa. Code Chapter 78.61, 78.62 25 Pa. Code Chapter 78.61, 78.62
NYCRR 556.5
Not addressed
Flowback Disposal
Section 7.1.8.1, flowback water cannot be taken to a publicly owned treatment works without the Departments approval. On-site burial with landowner approval if no polymer or oil-based drilling muds are used Frac liquids must be disposed at DEP approved, permitted treatment plant,or an injection well permitted by EPA MUD - Returns circulate through line pit and series of tanks to remove cuttings and Susp Solids. Routed to lined pit and closed, if PA standards are not exceeded. No discharge to water of the Commonwealth unless meets Cleam Stream Law, may be land applied if meets requirements of Chapter 78 Disposal must be consistent with the Clean Streams Law, and Chapter 78 Some
Frac fluids
NYCRR 554.1
Drill mud
NYCRR 556.5
Drilling fluids
NYCRR 554.1
Production brine NORM( Naturally Occurring Radioactive Materials) analysis Removal of drilling fluids pit
Yes
NYCRR 556.5
Clean Stream Law and 25 Pa. Code Chapter 78.54 Rad Protection Regs and Waste Management Regs 25 Pa. Code Chapter 78.56
6 NYCRR Part 380 & part 360 NYCRR 554.1(c)(3);N otification & Reporting requirements
270 days
68
Pennsylvania
PADEP Regulation / Law Citation
Interstate
US DOT Pipeline & Hazardous Matls Safety Admin (PHMSA) oversight Hazardous Materials Transportation Regulations Federal Motor Carrier Safety Administration (FMCSA)
Yes
US DOT
Yes
US DOT
Yes
NYCRR 364
Yes
FMCSA
Intrastate
State registration or operating authority for transporting hazardous materials Yes, waste management regulations 35 P.S. Section 6018.101 et seq.
Yes
NYCRR 364
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HRG, Inc., Herbert, Rowland & Grubic, Inc. http://www.hrg-inc.com/index.asp An engineering service rm offering expertise in the areas of transportation, environmental site assessments, civil and water resources, site design, surveying, GIS and water and wastewater engineering. (Mark Spatz) Joint Landholders Association of New York, Inc http://www.jlcny.org A coalition of 38 landowner groups representing 800,000 acres who seek to foster, promote, advance and protect the common interest of the people as it pertains to natural gas development through education and best environmental practices. (Inge Grafe-Kieklak) Kittatinny Canoes http://www.kittatinny.com Kittatinny Canoes is a Delaware River Trip Company that offers a wide variety of camping and water experiences. (Dave Jones) Miller Environmental Inc. http://www.miller-env.com/ Miller Environmental, Inc. is a rm that provides professional operations and management services for the water industry including the treatment of drinking water, municipal and industrial wastewater as well as conveyance and collections systems associated with these environmental utilities. (William Ronyack) Monroe Conservation District http://www.monroecd.org/ The Monroe Conservation District provides information and technical assistance to farmers, homeowner/renters, educators, businesses, developers and government agencies. The District does this by assisting with agriculture management planning, educational displays, demonstrations and informational workshops, tree seedling sales, native plant and book sales. Wildlife habitat planning, and forestry assistance is also provided. Soil Survey books are available for information on soils and soil capabilities and construction site erosion control. (Orianna Richards, Craig Todd) National Park Service Upper Delaware Scenic and Recreational River http://www.nps.gov/upde The Upper Delaware Scenic and Recreational River stretches along approximately 73 miles (117 km) of the Delaware river from Hancock, NY to Sparrowbush, NY. Most of the land in this unit of the National Park Service is privately owned; the federal government owns only approximately 30 acres (12 ha). Upper Delaware Scenic and Recreational River is a partnership of individuals; private landowners; and local, state, and federal governments working to protect the river, its environment, and the communities in the valley. (Carla Hahn, Don Hamilton, Sean McGuinness) Delaware Water Gap National Recreational Area http://www.nps.gov/dewa/index.htm Delaware Water Gap National Recreation Area, administered by the National Park Service, preserves almost 70,000 acres (28,000 ha) of land along the Delaware Rivers New Jersey and Pennsylvania shores, stretching from the Delaware Water Gap northward almost to the New York state line. Middle Delaware National Scenic River is a designated 40-mile (64 km) section of the river entirely within the recreation area. (Denise CookeBauer, Patrick Lynch) NE PA Audubon http://www.nepaaudubon.org/ The Northeast Pennsylvania Audubon Society (NEPAS) was founded in 1971 as a local chapter of the National Audubon Society. Its mission is to conserve and restore our environment to benet humanity as well as birds and other wildlife through education, action, and advocacy. NEPAS is a non-prot 501(c)(3) organization with about 600 members. (Barbara Leo) Neweld Exploration Company http://www.newd.com/ An independent crude oil and natural gas exploration and production company headquartered in Houston, Texas. We were founded in 1989 and went public in 1993. (Alan Branhing, Jack Cochran, Peter Chacon)
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Northern Wayne Property Owners Association http://nwpoa.club.ofcelive.com/default.aspx NWPOA is an organization that represents an 100,000 acre+ group of landowners in northern Wayne County and Susquehanna County PA, who signed leases in the summer of 2009 and thereby have partnered through a landowner-friendly lease with Hess Corporation. It also represents 44,000 acres of reassigned Chesapeake leaseholders. (Marian Schweighofer, Mike Uretsky) Orange County Planning http://www.co.orange.ny.us/orgMain.asp?orgid=53&storyTypeID=&sid=& The Orange County Department of Planning is engaged in issues of land use planning, transportation, agriculture, training, resource management, open space and economic issues that affect the county. (Julie Richmond) Penn State Cooperative Extension http://www.extension.psu.edu Penn State Extension offers practical how-to education and problem-solving assistance based on university research. We strive to help people make informed decisions to better their lives, businesses, and communities. (Dave Messersmith) Pike County Conservation District http://www.pikeconservation.org Pike County Conservation District is committed to natural resources conservation through leadership, education, technical assistance, planning and enforcement to ensure the long term protection and sustainable use of Pike Countys natural resources and implementation of environmentally sound development and land use practices. (Susan Beecher, Rylan Coker) Pike County Planning Ofce http://www.pikepa.org/communityplanning.htm Pike County Ofce of Community Planning is the County Department that comprehensively addresses county-wide planning issues and initiatives. The Community Planning Ofce responsibilities include development, management and implementation of County planning initiatives and coordination and implementation of the Pike County Comprehensive Plan. Other core responsibilities of the Ofce of Community Planning are to provide professional technical planning assistance to municipal governments in such areas as municipal comprehensive planning, zoning, subdivision and land development, and to support and help facilitate local municipal and multi-municipal planning initiatives. (Scot Boyce, Sally Corrigan) Pinchot Institute for Conservation http://www.pinchot.org The mission of the Pinchot Institute is to advance conservation and sustainable natural resource management by developing innovative, practical, and broadly-supported solutions to conservation challenges and opportunities. We accomplish this through nonpartisan research, education and technical assistance on key issues inuencing the future of conservation and sustainable natural resource management. (Aaron Lien, Bill Manners, Nick Niles) Pocono Environmental Education Center (PEEC) http://www.peec.org The Pocono Environmental Education Center advances environmental awareness, knowledge, and appreciation through hands-on experience in a natural outdoor classroom. (Jeff Rosalsky) Rural Bethel Landowners Coalition The Rural Bethel Landowners Coalition is a landowner coalition that has as its position the assurance of fair leases, honest royalty percentages, safe drilling practices and proper restoration of our lands. (Al Larson) Sullivan Area Citizens for Responsible Energy Development Sullivan Area Citizens for Responsible Energy Development (SACRED) is a coalition of residents in and around Sullivan County, NY who support renewable energy resources and oppose hydraulic and horizontal gas drilling given its inherent risks to human health and the environment. (Layrsa Dyrszka) Sullivan County Soil and Water Conservation District http://www.sullivancountyswcd.com Conservation districts are local governmental subdivisions established under state law to carry out a program for the conservation, use and development of soil, water and related resources. Districts are resource management agencies, coordinating and implementing resource and environmental programs at the local level in cooperation with federal and state agencies. (Brian Brustman)
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Sullivan County Planning and Environmental Management http://www.co.sullivan.ny.us/Departments/PlanningandEnvironmentalManagement/tabid/3225/Default.aspx The Sullivan County Division of Planning & Environmental Management is responsible for the creation of programs that foster orderly development and redevelopment of the Countys physical infrastructure in a manner that conserves natural resources while providing economic opportunity for area residents. (Luiz Aragon, Ethan Cohen, Heather Jacksy) Sullivan Delaware Property Owners Association http://Sullivandelawaregroup.org Property owners association representing landowners owning 70,000+ acres who are interested in entering into an environmentally responsible and nancially benecial leasing arrangement for natural gas extraction. (Bill Graby, Noel van Swol) Sullivan Renaissance http://www.sullivanrenaissance.org Community beautication organization to enhance the appearance of Sullivan County, NY while awakening community pride. (Denise Frangipane) The Lackawaxen River Conservancy (TLRC) http://www.Lackawaxenriver.org The Lackawaxen River Conservancys mission is a cohesive group of local residents who have joined together and are committed to protection and preservation of the Lackawaxen River, its wildlife, watershed and natural beauty. TLRC was formed in summer of 2001 by residents living in the Pike County portion of the Lackawaxen River drainage area. (Win Olsen) Town of Highland http://www.Townofhighlandny.com The Town of Highland is comprised of ve hamlets: Barryville, Eldred, Highland, Lake, Minisink Ford, and Yulan, and located along the Delaware River on the western border of Sullivan County. (Frederick Bosch) Town of Tusten http://www.tusten-narrowsburg.org The Town of Tusten is contains the hamlet of Narrowsburg and is located along the Delaware River on the western border of Sullivan County. (Peg Harrison) Upper Delaware Council http://www.upperdelawarecouncil.org The Councils existence evolved from special provisions in the 1978 legislation which designated the Upper Delaware River as a component of the National Wild and Scenic Rivers System, and called for development of a management plan and a program providing for the coordinated implementation and administration of the plan. (Bill Douglass, Dave Soete) Upper Delaware River Roundtable http://www.uduuf.org/upper-delaware-roundtable The Upper DelAWARE River Roundtable is a networking initiative to foster communication and collaboration between regional partners and stakeholders in the Upper Delaware River Valley and provide tools and educational activities for governmental entities to enhance the future of this national natural resource. (Laurie Stuart) Wayne Conservation District http://www.waynecd.org The Wayne Conservation district assists landowners and county residents with the conservation and management of Wayne Countys natural resources. The Wayne County Conservation District was formed in 1969 to address conservation issues related to soil, water, air, plants, wetland and wildlife habitat preservation and improvement, and environmental quality concerns in the county. (Jamie Knecht, Bob Muller, Paul Reining) Willow Wisp Organic Farm http://www.willowwisporganic.com/ An organic farm that grows a diverse mix of organic vegetables, herbs, and cut owers in Abrahamsville, PA. (Greg Swartz)
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