Finger Lakes Land Trust opposes gas drilling plan
http://www.theithacajournal.com/article/20091214/NEWS01/912140349/1126/news/Finger+Lakes+Land+Trust+opposes+gas+drilling+plan
December 14, 2009, 8:55 pm
The Finger Lakes Land Trust Monday requested that New York state
withdraw its draft supplemental generic environmental impact statement
for the use of horizontal gas drilling and hydraulic fracturing
techniques within the Marcellus Shale and other formations in the state.
The Land Trust says the impact statement fails to adequately address a
number of important issues, including cumulative environmental impacts.
The Land Trust noted several concerns with the state's draft impact
statement including:
* The list of chemicals associated with the hydraulic fracturing
technique was incomplete, making it impossible to adequately assess
possible impacts.
Finger Lakes Land Trust comments on the DEC Marcellus Shale DGEIS
* The state presumes capacity for the treatment of flow-back fluids
from drilling that is currently lacking.
* The draft impact statement fails to analyze the impact of water
withdrawals associated with drilling that could be as high as billions
of gallons per year.
The Land Trust's full report on the proposed drilling regulations can
be found at www.ithacajournal.com.
Finger Lakes Land Trust comments on the DEC Marcellus Shale DGEIS
And below
December 14, 2009
Bureau of Oil & Gas Regulation
NYSDEC Division of Mineral Resources
625 Broadway, Third Floor
Albany, NY 12233-6500
Dear Sirs:
We are writing on behalf of the Finger Lakes Land Trust regarding the
draft Supplemental Generic Environmental Impact Statement (dSGEIS)
concerning natural gas extraction from the Marcellus Shale and other
formations. We are quite concerned about the draft Impact Statement’s
failure to adequately address potential impacts associated with
exploitation of this resource.
Since it was established in 1989, the Land Trust has worked
cooperatively with landowners and local communities to permanently
protect 11,000 acres of significant open space lands within the Finger
Lakes Region and New York’s Southern Tier. Our organization owns and is
responsible for the protection of a network of 26 public conservation
areas, and we monitor and enforce the terms of more than 70
conservation easements on lands that remain in private ownership. The
Land Trust is supported by 1,900 members from across the region.
After a thorough review, we believe that the dSGEIS fails to ensure
water quality within the Finger Lakes and the Upper Susquehanna
Watershed while also failing to address cumulative environmental
impacts.
In addition, the document’s emphasis on a combination of self-reporting
and suggested (as opposed to required) mitigation measures, along with
the state’s limited staffing resources, does not instill confidence
that sensitive environmental resources will receive the protection they
deserve.In particular, our concerns are as follows:
Water Quality Protection
Each of the Finger Lakes serves as a public drinking water supply.
Collectively, they serve as the basis for the region’s high quality of
life and a tourism industry that generates $2.6 billion per year. The
Chemung and Susquehanna Rivers also serve as public drinking water
supplies and ultimately provide water to the Chesapeake Bay – the
nation’s largest estuary.
The dSGEIS fails to adequately address the threats associated with
Marcellus gas production to these water resources. For example, a
complete list of chemicals added to fracking fluids and toxicity data
are not provided in the dSGEIS. The document also presumes capacity for
treatment of flow-back fluids that is currently lacking. Hydraulic
fracturing is expected to ultimately require the utilization of
billions of gallons of water per year. The dSGEIS fails to analyze the
impact of these withdrawals.
The dSGEIS proposes several different setback requirements for drilling
in proximity to public water supplies, wetlands, streams, and rivers.
Greater setbacks are proposed for the New York City Watershed than
other public water supplies. Other public drinking water supplies,
including the Finger Lakes, should be afforded an equal degree of
protection.
Cumulative Environmental Impacts
The dSGEIS fails to address the cumulative environmental impact of
expected drilling within the Marcellus Shale Formation. This is clearly
inadequate. The development of thousands of gas wells, the use of
hydraulic fracturing techniques, and the development of infrastructure
associated with production, will collectively have a profound impact
upon the region. In particular, the effects of forest fragmentation and
hydrological impacts upon small streams and wetlands are likely to be
significant. These impacts can
only be effectively addressed on a cumulative basis and are just the
types of impacts that development of a generic Environmental Impact
Statement is meant to address.
Significant Land Resources & Habitats
The impact statement highlights the special treatment of state
regulated wetlands, state parks, and land within the New York City
Watershed. The document fails to recognize other significant land
resources that are likely to be adversely affected by gas drilling.
These include, but are not limited to, priority projects of the New
York State Open Space Plan, sites of ecological significance identified
by the New York Natural Heritage Program, Important Bird Areas
recognized by Audubon New York, and permanently protected open space
lands and conservation easements held by land trusts and other
conservation organizations.
Forest Fragmentation
The dSGEIS fails to adequately address the impact of drilling and
associated infrastructure on the region’s forests – both in terms of
plant communities and wildlife. Those birds that rely on interior
forest habitat will be affected by the combination of well sites,
pipelines, access roads, and compressor stations. This infrastructure
will fragment the region’s forests, likely leading to increased
mortality and population
declines among species such as the scarlet tanager and ovenbird. In
addition, the creation of these corridors will lead to increased
invasion by non-native plants. While the state is to be applauded for
specifying control measures for invasive plants, our own experience
with efforts to control these plants across the region makes us
skeptical that these controls will be effective in the long run.
Self Reporting and Suggested Mitigation Measures
As mentioned earlier, the dSGEIS relies on self-reporting by gas
companies to considerable degree. This is a particular cause for
concern given the New York State Department of Environmental
Conservation’s limited staff capacity – particularly in the Division of
Mineral Resources. In addition, many mitigation measures are suggested
but not required. We are afraid that this approach, with a lack of
adequate oversight, will lead to unnecessary impacts upon the
environment that could be avoided by stronger state oversight and clear
mandatory mitigation standards and regulations.
Creation of a Regional Mitigation Fund
While it is critical that the state require the highest performance
standards for drilling, and also call for site specific mitigation, the
fragmentation of forests and the disruption of local hydrological
conditions across the region calls for mitigation on a regional scale.
The state should work with the gas industry to create a state
administered fund that would be used to mitigate the cumulative impacts
of gas drilling relating to forest fragmentation and degradation of
streams and wetlands. The fund would be used by state conservation
agencies, non-profit land trusts and local communities to
purchase land and conservation easements on high quality habitats, with
a particular emphasis on creating networks of protected open space as
identified in the New York State Open Space Plan. The fund should be
designed so that it receives initial start-up funding from the gas
industry as well as ongoing payments that are linked to ongoing gas
production.
A similar model has already been established in the Jonah gas fields of
eastern Wyoming. There, 500 gas wells have had a significant impact
upon 30,000 acres of rangeland and adversely affected local wildlife
populations. In 2006, gas producers in this area set up a $24.5 million
fund to mitigate associated impacts. Some of these funds have
subsequently been used to purchase conservation easements on ranchland
that was identified for its rich plant and wildlife communities.
Conclusion
The dSGEIS is clearly deficient in that it fails to address important
issues such as cumulative impact and proposes a number of strategies
that are not supported by adequate data. The Finger Lakes Land Trust
recognizes that New York must diversify its energy sources. At the same
time, we also recognize that the impressive natural resources of the
Finger Lakes and the Southern Tier are the basis for the region’s
economy and its quality of life. These resources must not be sacrificed
in the name of energy production. The dSGEIS does not convince us that
the region’s cherished resources will be protected from significant
adverse impacts associated with gas production. Consequently, we ask
that the NYSDEC, as lead agency, withdraw the dSGEIS so that it can be
substantially revised and a more intensive assessment of the
aforementioned issues be completed for resubmission under the State
Environmental
Quality Review process.
Thank you very much for the opportunity to comment on this document.
Please don’t hesitate to call either of us if you have any questions
about the points we’ve made above.
Sincerely,
Andrew E. Zepp Chris Proulx
Executive Director President
_______________________________________________
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