DCNR To Open 15 Day Comment Period On Loyalsock State Forest Drilling Plan

Posted on the 02 August 2014 by Earth First! Newswire @efjournal

from Marcellus Shale Earth First!

(This article was written by members of Marcellus Shale Earth First! in response to this DCNR press release)

On Wednesday July 30th, the Department of Conservation and Natural Resources (DCNR) Secretary Ellen Ferretti announced the department will be taking public comment on a draft ‘Surface Development Management Agreement’ for the 25,000-acre tract known as the Clarence Moore lands in the Loyalsock State Forest, Lycoming County PA. DCNR’s announcement comes less than a week after StateImpact Pennsylvania published a story about environmental groups’ concerns over the lack of transparency in the process. Since DCNR does not own the subsurface rights in the Loyalsock, use agreements are used to manage oil and gas activity. Anadarko Petroleum Corporation (APC) and Southwestern Energy Company (SWN) each own or lease 50 percent of the subsurface rights and have requested access to extract shale gas. While the state does not own the subsurface rights to this land, it does have surface rights on about 18,000 acres. Environmental groups and local residents have urged the DCNR to use its control over the 18,000 acres as leverage to keep development off the most sensitive parts of the land, DCNR is afraid they could be sued if they push too hard.

The agency has received about 4,000 public comments regarding the Loyalsock drilling plans through its email address: loyalsock@pa.gov. Dan Devlin, DCNR’s deputy secretary for parks says 94 percent of the comments have been form letters or petitions. Among the non-form emails, nearly a third criticized the agency’s lack of transparency with the rest concerning wildlife, hiking trails and other impacts to visitors. Many of the “non form emails” came after a packed Loyalsock public hearing hosted by the DCNR at the Lycoming College in Williamsport june of last year. A meeting where the DCNR board were almost physically dragged into, it was the only public hearing hosted to date. During the meeting many people had the chance to testify, almost unanimously opposing the development. MSEF!ers were present alongside local residents, hikers, hunters, politicians, scientists and many others which speaks to the diversity of groups and individuals against their plan, mirroring the biodiversity that exists in the Loyalsock.

Last October,  Anadarko Petroleum Corporation (APC) was denied their latest proposal to exploit shale gas in the Loyalsock, partially because of the exclusion of SWN in the plan, which called for 26 new well pads, four compressor stations, and five “freshwater” impoundments, as well as miles of pipelines, new roads and other associated infrastructure. Just days before DCNR’s rejection, Marcellus Shale Earth First! (MSEF!) hosted an action camp in the Loyalsock. Dan Devlin, head of the DCNR’s forestry division, says the agency is currently reviewing an updated draft development plan with fewer pieces of infrastructure. MSEF! refuses to compromise ANY amount of gas infrastructure in the forest and has vowed to stop their plans.

To this date, there is no time frame determined for completion of the final draft and no known date for the comment period as all parties are still in discussions, but according to Ferretti, “For about a year now, DCNR has been meeting with a small group of stakeholders to inform them of the progress of talks between Anadarko and Southwestern Energy Company.” Insider ‘stakeholders’ include: Keystone Trails Association; Audubon Pennsylvania;  PennFuture; Sierra Club; PA Forest Coalition and the Responsible Drilling Alliance. Once the final draft agreement is completed, the DCNR will allow for 15 days of public comment .They will publish a notice of the comment period in the Pennsylvania Bulletin and issue a news release at that time. A copy of the agreement and development plan will be posted on the DCNR website for review.

Proposed development in the forest has been a major point of contention in Pennsylvania, gaining national recognition for its hiking trails, breath taking vistas, unique and connective forest habitat, including rare high elevation wetlands and two exceptional value streams (Pleasant Stream and Rock Run). It is home to black bear, wild turkey, bobcats, native brook trout, and rare and endangered species such as the Northern Water Shrew and Timber Rattlesnake. It also serves as a nursery for migratory birds from the tropics such as the Yellow Bellied Flycatcher, as well as an important stop for hikers, campers, and many others that frequent the forest. All of this is threatened by gas development and the DCNR board is complicit.The department said it’s committed to protecting the land, the trail and waterways there; limiting pipelines and roads; and controlling noise from compressors. WE KNOW THAT REGARDLESS OF THEIR REGULATIONS, THIS PROJECT IS BULLSHIT!

The Loyalsock is one of the last, if not the last bastions of large contiguous public forest areas that hasn’t been devastated by fracking (east of Interstate 14 that is). Of the 1.5 million acres of state forest land above the Marcellus Shale, approximately 700,000 acres are available for shale gas development. Of this the DCNR has issued leases totaling 138,886 acres, approving 211 well pads and 842 shale gas wells since 2008. Each well pad can host 6 to 24 wells along with a variety of pipelines, compressor stations and other infrastructure as is necessary.  Approximately 276 wells have been drilled and are capable of producing gas, creating wealth for a few while ecosystems are ravaged, communities are torn apart and the conquest of industry continues. A perfect example of the effects of fracking on public land can be seen in the Tiadaghton State Forest, where we took action in March at an Anadarko well.

Pennsylvania is at a turning point in its efforts to tap new revenue by leasing additional public land for Marcellus drilling. The new state budget authorizes DCNR to lease tracts in state forests and parks for drilling to generate $95 million. This past May, the governor issued an executive order allowing new underground gas drilling on state-owned shale-gas deposits in parks and forests that doesn’t disturb the land surface or involve well pads, roads and pipelines. While this is still entirely UNACCEPTABLE, it does point to a shift in industry/state strategy. Either way, the negative effects of fracking are clear and there is no fixing that.

Recently It was announced that at a DCNR meeting with Anadarko and Southwestern, Anadarko had shown a powerpoint presentation of their updated proposal but it seemed DCNR did not request copies of the [powerpoint] presentation. These shady actions we’ve seen from the DCNR board only further prove they are taking lead from the PA state Government and the gas industry, while trying to maintain good relations with local and big NGO’s to play to both sides. Unfortunately this is not surprising at all. With this realisation that paperwork could silently move behind closed doors, while the forest is compromised by others, the thing we must do is let the DCNR, Anadarko and Southwestern know: WE ARE WATCHING!  We will DEFEND THE LOYALSOCK! by any means necessary and refuse to give an inch of this precious forest for development.

Stay tuned for part 2 coming soon…

For the wild,