Joe Marten’s Testimony Joint Legislative Public Hearing Notice and Testimonies for Environmental Conservation.pdf (application/pdf Object)

Joint Legislative Public Hearing Notice and Testimonies for Environmental Conservation.pdf application/pdf Object).

Cuomo’s Choice For DEC Sticks To Official Line On Gas Drilling | Albany Watch

Cuomo’s Choice For DEC Sticks To Official Line On Gas Drilling | Albany Watch.

Legal Rights of Local Governments Jan 27, 7pm Norwich

LEGAL RIGHTS of LOCAL GOVERNMENTS:

Home Rule vs. DEC’s Regulatory System  LegalGasForum Draft 1

PANELISTS:
Former Law Professor, Mary Jo Long, is experienced in Constitutional, Administrative, and Municipal Law. Professor Long, an attorney for more than 30 years and an elected member of the Afton Town Board, helped Afton pass its new “Concentrated Heavy Traffic Road Law”
AND
Attorney, Helen Slottje, of Community Environmental Defense Council, works alongside municipalities and community groups seeking legal protection from the threats posed by industrial style gas extraction. In particular, CEDC focuses on sustainable development and the human rights to clean water, clean air and a healthy environment.
NOTE: Please park on the street; in Hayes Street or County Office Building parking lots, NOT in Church parking
7 PM
Thursday,
January 27
United Church of Christ
11 W Main St,
Norwich
Part of The Fourth Thursday Speakers Series sponsored by
C-CARE: Chenango Community Action for Renewable Energy
For more information contact Chris at 334-6095 or Ken at <ccare@frontier.com>

Joseph Martens Nominated DEC Commissioner

ALBANY, NY (01/04/2011)(readMedia)– Governor Andrew M. Cuomo today announced the following appointments and nominations to senior positions within the state government.

Joseph Martens will be nominated to serve as Commissioner of the Department of Environmental Conservation. Since 1998, Mr. Martens has served as President of the Open Space Institute, directing and overseeing land acquisition, sustainable development, historic preservation and farmland protection. Previously, Mr. Martens served as Deputy Secretary to the Governor for Energy and the Environment from 1992-94 and before that Assistant Secretary from 1990-92. He is the Chair of the Olympic Regional Development Authority, which operates the 1932 and 1980 winter Olympic venues in Lake Placid and Wilmington, NY and Gore Mountain Ski Area in Johnsburg, NY. He also chairs the Adirondack Lake Survey Corporation, which continuously monitors Adirondack lakes and streams to determine the extent and magnitude of acidification in the Adirondack region, Mr. Martens studied Resource Economics at the University of Massachusetts at Amherst and received an M.S. in Resource Management from the State University of New York, College of Environmental Science and Forestry at Syracuse University.

“Joe’s lifelong experience of fighting to protect and preserve our environment will bring the highest level of stewardship to our state’s beautiful natural resources. Joe knows how to strike the critical balance between defending our natural resources from pollution and destruction while at the same time fostering a climate of economic renewal and growth. His experience and record as a competent and productive manager will breathe life into this vital agency.” Governor Cuomo said.

“Joe is an outstanding choice to lead such a vital agency at such at an important time. We are at a crossroads for the environmental movement in New York State and I know that Joe will continue to be a leader in the fight to preserve our great state’s landscape, environment, and natural resources. I look forward to working with Joe and commend the Governor for making this nomination,” said Robert F. Kennedy, Jr.

“Joe Martens’ experience, judgment, and temperament make him the right person at the right time to meet the challenges that DEC faces. He has the support and key relationships with the business and environmental community that will allow him to hit the ground running. The Governor’s selection of Mr. Martens reflects his strong belief that protecting New York State’s environment goes hand in hand with advancing the state’s economic goals,” said Ashok Gupta, from the Natural Resources Defense Council.

“Joe knows that one of the keys to not only preserving our environment, but creating good paying jobs is expanding the production of affordable and reliable energy across the state. He has both the hands on experience and also the bold vision to transform the DEC, steering it in a direction that strikes the critical balance of protecting our natural resources and our economy,” said Gavin J. Donohue, President and Chief Executive Officer of the Independent Power Producers of New York.

Comment:

Joe Martens as DEC commissioner seems promising.  While it’s been taken off of the OSI website in the last fifteen days, there’s a google-cached version of a statement he made on hydrofracking earlier this year:

“OSI President Joe Martens spoke about the issue recently in a speech he made at Union College on the 40th anniversary of the creation of the DEC:

This morning you heard about drilling in the Marcellus Shale. Of all the daunting environmental challenges that DEC has faced during the past 40 years—criteria pollutants, hazardous waste, acid rain, even climate change—hydrofracking in the Marcellus may be the most difficult and daunting of them all.

As a nation, for a decade or more there has been a near-universal call for energy independence. If we could just wean ourselves from foreign oil, the argument goes, we would not be in the middle of two wars in the Middle East and sending billions of dollars to nations that don’t like us and, potentially, might do us harm.

And, as a state, we have been turning increasingly to natural gas to fire our power plants and heat our homes, because it’s less polluting than either coal or oil. I heat my home with natural gas (and wood!). Further, the state’s budget is in bad shape, unemployment is high and it just so happens that we have this huge rock formation under our feet that the gas industry has found a way to exploit and we even have a terrific new gas pipeline that could bring that gas to millions of nearby customers.

If nothing else, it seems to me, the Department should go slow. The tragedy of the Deepwater Horizon operation in the Gulf clearly demonstrated that the unexpected can and will happen. It is also clear that the gas industry has not been as candid as it should have been with regards to the potential for problems. That suggests to me that our fate—and the need to separate objective science and environmental assessment from industry rhetoric—is in DEC’s hands, and the stakes could not be higher.

The gas industry, and even DEC, is quick to point out that gas drilling and fracking are not uncommon in New York State and that, so far, there have not been any significant problems. However, what is relatively new and different is the combination of fracking and horizontal drilling. And it’s the potential scale of drilling within the Marcellus Shale that is the real concern. If DEC decides to give the gas industry the green light, there could be thousands of new gas wells drilled in the Catskills and the southern tier. Given the quantity of the chemical-laced water that would be used in fracking (up to 8 million gallons per well), and the quantity of wastewater that would need to be treated, the number of roads that would need to be constructed, the number of trucks that would travel back and forth to drilling sites, and so on, the potential for problems multiplies dramatically with each well that is drilled.

New Yorkers created the Adirondack and Catskill state parks more than a hundred years ago to protect the water resources within them. New York City has committed hundreds of millions of dollars and has spent years protecting its watershed so that more than 9 million people can drink unfiltered water. I see no reason to rush to judgment on a decision as monumental as hydrofracking in the Marcellus.

Given the huge budget cuts that DEC has been forced to endure over the last couple of years and in light of the way the EPF’s commitments have been abandoned, I think there is a real question about DEC’s capacity to ensure that everything involved in the drilling process goes according to plan—from water withdrawals, to wastewater treatment, to pipeline construction. Clearly things did not go according to plan in the Gulf of Mexico.

The EPA has initiated a $1.9 million, two-year study of the impact of hydrofracking on health and the environment. What’s the downside of waiting for the results?

In the meantime, while DEC and others continue to explore this issue, wouldn’t it be great if we had a national energy policy that did more than pay lip service to energy conservation, efficiency and renewable sources?  A few statistics for you to ponder:

  • The United States makes up 5 percent of the world’s population but consumes 20 percent of its energy;
  • Eighty-four percent of the energy consumed in the United States comes from non-renewable sources—about 8.5 percent from nuclear power and 7 percent from renewable sources (2006 data);
  • Twenty-seven percent of the energy consumed in the United States is used in the transportation sector;
  • And, the most troubling statistic of all: per capita energy consumption in the United States has been relatively consistent from 1970 to today.

Although no energy source is perfect or without problems, shouldn’t we be doing everything possible to reduce energy consumption and do everything possible to increase the use of renewable resources before we make a major decision to exploit the Marcellus Shale and possibly damage, perhaps irreparably, the land, air and water resources that sustain life itself?

DEC has a heavy burden to bear here. For the past 40 years they have addressed a variety of environmental challenges with remarkable success. I’m hopeful, based on that 40-year record that they will continue to do so.

4/2/10 Letter to DEC Commissioner Grannis Regarding Additional Natural Gas Hazards | Toxics Targeting

4/2/10 Letter to DEC Commissioner Grannis Regarding Additional Natural Gas Hazards | Toxics Targeting.

Governor Issues Executive Order on Moratorium

 

http://www.state.ny.us/governor/executive_orders/exeorders/EO41.html
Here is the text:
EXECUTIVE ORDER
No. 41: REQUIRING FURTHER ENVIRONMENTAL REVIEW
WHEREAS, the 2009 New York State Energy Plan supports the development of in-State energy resources, including natural gas, to achieve the Plan’s multiple public policy objectives; and
WHEREAS, low-volume hydraulic fracturing, or conventional fracking, has been used successfully and safely in New York State for many years to extract natural gas consistent with the Generic Environmental Impact Statement (GEIS) for Oil, Gas and Solution Mining Regulatory Program promulgated by the New York State Department of Environmental Conservation (Department) in 1992; and

WHEREAS, new technologies have emerged, and are being deployed in other states, to extract natural gas more efficiently through a process known as high-volume hydraulic fracturing combined with horizontal drilling; and

WHEREAS, there is a need for further study of this new technology prior to deployment in New York State; and

WHEREAS, in 2008, I directed the Commissioner of Environmental Conservation to initiate a formal public process to update the 1992 GEIS to ensure that any new technologies deployed in New York State are first thoroughly analyzed and regulated to ensure that all environmental and public health impacts are mitigated or avoided; and

WHEREAS, the Department issued a draft scope for an updated GEIS on October 6, 2008, held public meetings in the Marcellus shale region, received more than 3,000 written comments, and issued a final scope for the Supplemental Generic Environmental Impact Statement (SGEIS) on February 6, 2009.  The Department released the Draft SGEIS for public review and comment on September 30, 2009, held four public hearings in the region and New York City, and received more than 13,000 written comments during a public comment period that closed December 31, 2009; and

WHEREAS, tens of thousands of citizens, landowners, local governments, large and small businesses, non-governmental organizations, and other stakeholders have expressed their heartfelt support for or opposition to the new technology, but most agree that an objective, science-based analysis is the best approach to setting new policy.

NOW, THEREFORE, I, David A. Paterson, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and laws of the State of New York, do hereby order as follows:

   1. The Department shall complete its review of the public comments, make such revisions to the Draft SGEIS that are necessary to analyze comprehensively the environmental impacts associated with high-volume hydraulic fracturing combined with horizontal drilling, ensure that such impacts are appropriately avoided or mitigated consistent with the State Environmental Quality Review Act (SEQRA), other provisions of the Environmental Conservation Law and other laws, and ensures that adequate regulatory measures are identified to protect public health and the environment; and
   2. On or about June 1, 2011, the Department shall publish a Revised Draft SGEIS, accept pubic comment on the revisions for a period of not less than thirty days, and may schedule public hearings on such revisions to be conducted in the Marcellus shale region and New York City; and
   3. Recognizing that, pursuant to SEQRA, no permits may be issued prior to the completion of a Final SGEIS, the Department, subsequent to the conclusion of the public comment period, shall report to the Governor on the status of the Final SGEIS and the regulatory conditions that are necessary to include in oil and gas well permits to protect public health and the environment.    

G I V E N   under my hand and the Privy Seal of the State in the City of Albany this thirteenth day of December in the year two thousand ten.
BY THE GOVERNOR 
     
Secretary to the Governor

=========================================================================================================================================

HISTORIC VICTORY FOR THE CITIZENS OF NEW YORK STATE
In an amazing victory for the citizens of New York State, Governor David A. Paterson has issued an Executive Order directing the Department of Environmental Conservation (DEC) to conduct further comprehensive review and analysis of high-volume hydraulic fracturing in the Marcellus Shale. The Executive Order requires that, if approved, high-volume, horizontal hydraulic fracturing would not be permitted until July 1, 2011, at the earliest.  New York State becomes the first state to have a formal prohibition on high volume horizontal hydrofacking because of concerns about environmental impacts.  Regretablly instead of signing the “Moratorium Bill” legislation sent to him that included a prohibition on vertical hyrdofracking that was passed by on overwhelming bi partisan majority in both houses of the State government he decided instead to succumb to industry pressure and issue the Executive Order that eliminates vertical wells from the prohibition. While the Executive Order is historic and proves that our concerns over hydrofracking are legitimate it is also a disappointment because vertical wells are also dangerous.

The gas and oil industry lobby deliberately misinterpreted a section of the Moratorium Bill claiming it would bring all gas drilling in New York State to a halt.  The bill only specified a moratorium on drilling for wells using hydrofracking, whether they are vertically or horizontally drilled.
A moratorium banning the fracking of vertical wells is very important for several reasons:
1.    Gas companies have been clear that they plan to drill vertical wells in the Utica and Marcellus shale with the intention of converting them to horizontal wells.
2.    While the State Senate was considering a two-year moratorium on horizontal wells the gas industry threatened to drill and frack 16 vertical wells every square mile in retribution if a moratorium on fracked horizontal wells was passed.
3.    Some of the worst water contamination problems, such as in Dimock, PA came from vertical wells drilled and fractured in the Marcellus Shale.
We now look to Governor Elect Andrew Cuomo to protect the Citizens of New York from the dangers of hydro fracking by any method including vertical drilling and horizontal drilling and including all shale formations.

BELOW IS THE GOVERNORS PRESS RELEASE

 

To embed this news release, copy the code below and paste it into your website or blog. Preview

Governor Paterson Issues Executive Order on Hydraulic Fracturing

ALBANY, NY (12/11/2010)(readMedia)– Governor David A. Paterson has issued an Executive Order directing the Department of Environmental Conservation (DEC) to conduct further comprehensive review and analysis of high-volume hydraulic fracturing in the Marcellus Shale. The Executive Order requires that, if approved, high-volume, horizontal hydraulic fracturing would not be permitted until July 1, 2011, at the earliest. This should allay any fears that high-volume hydraulic fracturing and horizontal drilling under study by DEC will commence without assurances of safety. “We in government must always focus on protecting the well-being of those whom we represent and serve, but we also have an obligation to look to the future and protect the long-term interests for our State and its residents,” Governor Paterson said. “Therefore, I am proud to issue this Executive Order, which will guarantee that before any high-volume, horizontal hydraulic fracturing is permitted, the Department of Environmental Conversation will complete its studies and certify that such operations are safe.” Permits for high-volume, horizontal hydraulic fracturing can not be issued until the Department of Environmental Conservation (DEC) completes a Supplemental Generic Environmental Impact Statement (SGEIS), which is currently being developed. As a result, there is already in place a de-facto moratorium on such permits. The Governor issued the Executive Order contemporaneously with his veto of S.8129-B/A.11443-B, which would have suspended the issuance of new oil and gas drilling permits through May 15, 2011, including all conventional, low-volume, vertical oil and gas wells. “This legislation, which was well intentioned, would have a serious impact on our State if signed into law. Enacting this legislation would put people out of work – work that is permitted by the Department of Environmental Conservation and causes no demonstrated environmental harm, in order to effectuate a moratorium that is principally symbolic,” Governor Paterson said. “Symbols can have great importance, but particularly in our current terrible economic straits, I cannot agree to put individuals out of work for a symbolic act.” “I am sympathetic to the sponsors’ desire to protect the environment and public health, and I respect the concerns that produced this legislation,” the Governor continued. “But this legislation does not accomplish this purpose, since the activities at the heart of the moratorium are not currently taking place, and would not take place until well after the legislation’s proposed moratorium.” The bill goes well beyond high-volume, horizontal hydraulic fracturing and effectively would result in a moratorium on all new oil and gas well drilling in this State. The cessation of such new activity, even for a limited period, would have substantial negative financial consequences for the State, local governments, landowners and small businesses involved in conventional oil and gas production. The Division of the Budget estimates that the bill would cause a substantial reduction in State revenues from the loss of permit fees and tax revenue. With a $315 million budget gap in the current fiscal year, and a projected gap of over $9 billion in the 2011-12 State fiscal year, New York simply cannot afford to send hundreds and perhaps thousands of jobs, and millions of dollars in capital investment to Pennsylvania and other states to our south. ### Additional news available at www.ny.gov/governor | High resolution images available at www.ny.gov/governor/mediaimages | password: paterson | New York State | Executive Chamber | press.office@chamber.state.ny.us | 212.681.4640 | 518.474.8418 | Follow us on Facebook and Twitter

From: “governors.press.office@chamber.state.ny.us” <governors.press.office@chamber.state.ny.us>
Date: Sat, 11 Dec 2010 15:51:28 -0500
To: Katherine Nadeau<knadeau@eany.org>
Subject: Governor Paterson Issues Executive Order on Hydraulic Fracturing
News from New York State Office of the Governor
For more information contact: Jessica Bassett, 518-474-8418/212-681-4640
Governor Paterson Issues Executive Order on Hydraulic Fracturing
ALBANY, NY (12/11/2010)(readMedia)– Governor David A. Paterson has issued an Executive Order directing the Department of Environmental Conservation (DEC) to conduct further comprehensive review and analysis of high-volume hydraulic fracturing in the Marcellus Shale. The Executive Order requires that, if approved, high-volume, horizontal hydraulic fracturing would not be permitted until July 1, 2011, at the earliest. This should allay any fears that high-volume hydraulic fracturing and horizontal drilling under study by DEC will commence without assurances of safety.
“We in government must always focus on protecting the well-being of those whom we represent and serve, but we also have an obligation to look to the future and protect the long-term interests for our State and its residents,” Governor Paterson said. “Therefore, I am proud to issue this Executive Order, which will guarantee that before any high-volume, horizontal hydraulic fracturing is permitted, the Department of Environmental Conversation will complete its studies and certify that such operations are safe.”
Permits for high-volume, horizontal hydraulic fracturing can not be issued until the Department of Environmental Conservation (DEC) completes a Supplemental Generic Environmental Impact Statement (SGEIS), which is currently being developed. As a result, there is already in place a de-facto moratorium on such permits.
The Governor issued the Executive Order contemporaneously with his veto of S.8129-B/A.11443-B, which would have suspended the issuance of new oil and gas drilling permits through May 15, 2011, including all conventional, low-volume, vertical oil and gas wells.
“This legislation, which was well intentioned, would have a serious impact on our State if signed into law. Enacting this legislation would put people out of work – work that is permitted by the Department of Environmental Conservation and causes no demonstrated environmental harm, in order to effectuate a moratorium that is principally symbolic,” Governor Paterson said. “Symbols can have great importance, but particularly in our current terrible economic straits, I cannot agree to put individuals out of work for a symbolic act.”
“I am sympathetic to the sponsors’ desire to protect the environment and public health, and I respect the concerns that produced this legislation,” the Governor continued. “But this legislation does not accomplish this purpose, since the activities at the heart of the moratorium are not currently taking place, and would not take place until well after the legislation’s proposed moratorium.”
The bill goes well beyond high-volume, horizontal hydraulic fracturing and effectively would result in a moratorium on all new oil and gas well drilling in this State. The cessation of such new activity, even for a limited period, would have substantial negative financial consequences for the State, local governments, landowners and small businesses involved in conventional oil and gas production.
The Division of the Budget estimates that the bill would cause a substantial reduction in State revenues from the loss of permit fees and tax revenue. With a $315 million budget gap in the current fiscal year, and a projected gap of over $9 billion in the 2011-12 State fiscal year, New York simply cannot afford to send hundreds and perhaps thousands of jobs, and millions of dollars in capital investment to Pennsylvania and other states to our south.
###
Additional news available at www.ny.gov/governor | High resolution images available at www.ny.gov/governor/mediaimages | password: paterson | New York State | Executive Chamber | press.office@chamber.state.ny.us | 212.681.4640 | 518.474.8418 | Follow us on Facebook and Twitter
Permalink: http://readme.readmedia.com/Governor-Paterson-Issues-Executive-Order-on-Hydraulic-Fracturing/1795007

NYS State Forest Management Plan Finalized

NYS State Forest Management Plan Finalized

This plan and generic environmental impact statement (GEIS) will guide the future management of the state’s 786,329-acre State Forest holdings. Key goals focus on ecosystem health and diversity, economic benefits, recreational opportunities, forest conservation and sustainable management.

The plan was presented in draft form on September 1, 2010. The draft plan was available for public comment until October 29th. Comments were also received and considered after the deadline. Over 3,000 written comments were received. Nine public hearings were held throughout the state from September 14th – 30th.

The plan has been edited based on public input and is now considered final DEC Office of Natural Resources policy for the development of State Forest Unit Management Plans. A responsiveness document will be posted on this website, and will include DEC’s responses to the many comments received.*** Revision of the plan is scheduled to occur every 10 years.  it is not up as of this writing

Notice of Acceptance of Final GEIS

The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has accepted a Final Generic Environmental Impact Statement on the proposed Final Strategic Plan for State Forest Management. Electronic copies of the Final Strategic Plan and Final GEIS are available online at: www.dec.ny.gov/lands/64567.html or by requesting a CD by e-mail at stateforestplan@gw.dec.state.ny.us or by calling NYS DEC regional offices.

NYS DEC announces the completion of the Final Strategic Plan for State Forest Management (Plan) and Final Generic Environmental Impact Statement (GEIS). This notice has been prepared in accordance with Article 8 of the Environmental Conservation Law. NYS DEC held public hearings in each NYS DEC administrative region on the Draft Plan, released September 1, 2010 and accepted public comments until October 29, 2010. These hearings also served as public hearings on the Draft GEIS pursuant to the applicable SEQR Act (6NYCRR §617.9(a)(4)).

The final Plan is an update and revision of the Draft Strategic Plan for State Forest Management which includes identifications of future management goals for NYS DEC administered State Forests. It establishes statewide management guidelines for NYS DEC staff through a process of public involvement and review. The plan provides a foundation for the development of Unit Management Plans (UMPs), which set forth the specific actions to be undertaken by NYS DEC on individual State Forests. As individual UMPs are developed, this plan will serve as a guide and will be included by reference. This plan will be revised at least once every ten years.

This Plan describes how State Forests will be managed in a sustainable manner by promoting ecosystem health, enhancing landscape biodiversity, protecting soil productivity and water quality. In addition, State Forests will continue to provide the many recreational, social and economic benefits valued so highly by the people of New York State. NYS DEC will continue the legacy which started 80 years ago, leaving these lands to the next generation in better condition than they are today.

Five goals were developed for the management of State Forests. These goals were based on the criteria developed in the Montreal Process and are as follows:

  • Goal 1, to provide healthy and biologically diverse ecosystems;
  • Goal 2, to maintain human-made State Forest assets;
  • Goal 3, to provide recreational opportunities for people of all ages and abilities;
  • Goal 4, to provide economic benefits to the people of the State; and
  • Goal 5, to provide a legal framework for forest conservation and sustainable management of State Forests.

Activities that have the potential to cause significant adverse impacts were addressed and include: increased public recreational use, facility development, prescribed fire, silvicultural activities, oil and gas drilling and control of competing vegetation and invasive species. Potential impacts were further discussed in the Draft GEIS including soil erosion, damage to vegetation, increased smoke and associated odors, surface and groundwater effects and effects of pesticides on the environment, including non-target species. The final Plan discusses all of these potential impacts and describes recommended management activities and mitigation measures to minimize potential impacts.

Contact: Justin Perry, NYS DEC – Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4255, Phone: (518) 402-9436 begin_of_the_skype_

highlighting              (518) 402-9436      end_of_the_skype_highlighting, E-mail: japerry@gw.dec.state.ny.us.

Comments on:Final DEC Strategic Plan for Forest Management

Comparison of draft and final Strategic Plans for forest Management–Jim Weiss

The Strategic Plan for State Forest Management has been released by NYSDEC.
From the executive summary: Mineral Resources

  • The leasing and development of natural gas and oil resources can provide jobs and income to
  • the State while increasing domestic energy supplies. Oil and natural gas are valuable resources
  • which can provide energy and revenue, as well as the opportunity for improvements to the
  • existing infrastructure of the State Forests (such as improving access through upgrading existing
  • roads, culverts and gates).
  • As with any other human activity on State lands, oil and natural gas exploration and
  • development can impact the environment. The biggest risks from natural gas exploration and
  • development are potential impacts on underground aquifers and residential water wells in the
  • immediate area of drilling. While techniques used today are far more advanced and protective
  • of ground water, there are still risks   as with almost any construction or development project.
  • The Department will incorporate all available technologies and methods to reduce these risks.
  • Emerging issues include disposal by injection and carbon capture.  Neither of these activities is
  • currently taking place on State Forest lands.
  • Recommended actions include:
  • • Apply a hierarchical approach that classifies areas of each State Forest into specific
  • categories.
  • • Adapt the draft guidance for pipelines on State Forests to the DEC policy system and
  • expanding it to include guidance on strategies for dealing with existing pipeline corridors
  • and establishment of new pipeline corridors.  If the issue of existing unauthorized
  • pipelines cannot be sufficiently addressed at the policy level, propose legislation to
  • resolve the issue.
  • • Finalize and adopt the current draft policy on seismic exploration.
  • • Adopt policies addressing disposal by injection and carbon capture and sequestration.
  • • Adopt a policy on tract assessments for oil and gas leasing, based on mineral character
  • and expected mineral activity, site condition, and public use.
  • • Adopt a policy on water use for oil and gas extraction, based on information in theDivision of Mineral Resources GEIS
  • Starting on page 226 of Chapter 5 you will find the portion relating to hydrofracking.  The concerns raised by the public seem to have at least been considered on page 331 which the following link will take you to: Click here: Chapters 5-7 + Appendices Starting on page 226 of Chapter 5 you will find the portion relating to hydrofracking.  The concerns raised by the public seem to have at least been considered on page 231 which the following link will take you to: Click here: http://www.dec.ny.gov/docs/lands_forests_pdf/spsfmfinal3.pdf . Text of Mineral Resources section: https://gdacc.org/wp-content/uploads/2011/01/final-plan-mineral-resources.pdf

    Pipelines:

    The document appears to have sidestepped an important pipeline issue:  The DEC correctly points to the PSC (Public Service Commission ) as the controlling authority for lines that are outside the wellpad.

    However, the plan sidesteps when it come to handling the pipeline ROW (right of way). On non-state forest land this is handled in one of two ways: a) by a formal easement with the landholder or, b) thru an eminent domain (condemnation) procedure (whereby the ROW is “taken”, presumeaby against the owner’s wishes and the owner is compensated.

    Eminent domain applies in two cases: a) the pipeline is between states and the authority is federal (by Federal Energy Regulatory Commission , FERC), lines permitted by FERC carry emminent domain authority. b) within state lines, these carry eminent domain authority IF the Co. has Public Utility status.

    Now, what’s the pipeline deal in the forests?  will the state negotiate for ROWs, or will it require eminent domain authority in which case the Co will, in conjunction with the PSC or FERC, determine the routing (in this case DEC will NOT be a controlling entity, but presumeably consulted)?

    Remember, no wells without pipelines.


     

    DEC Strategic Plan for State Forest Management (DRAFT)

    This draft plan and generic environmental impact statement (GEIS) will guide the future management of the state’s 786,329-acre State Forest holdings and is being made available for public review and comment. Key goals focus on ecosystem health and diversity, economic benefits, recreational opportunities, forest conservation and sustainable management.

    Press Release

    Guides to understanding the Strategic Plan:

    ——————

    Essay on Impact of Industrial Drilling in State Forests

    Lost in the Woods By Peter Mantius

    BURDETT, Oct. 25 — It’s open season on New York’s state forests.

    State regulators are asking for public comment by Oct. 29 on a proposal to let gas drillers hydrofrack the forests and criss-cross them with construction roads and natural gas gathering lines.

    In Schuyler County alone, this could affect — or decimate — more than 10,000 acres in five state forests: Sugar Hill, Coon Hollow, Cinnamon Lake, Beaver Dam and Goundry Hill.

    Most of this land was acquired about 80 years ago for about $4 an acre. The forests are used by hikers, hunters, horseback riders, snowmobilers and others.

    The idea of industrializing any portion of them would appear to violate both the spirit and the letter of the Depression-era laws passed to assemble and protect them. Those special woodlands, the laws said, shall be “forever devoted to reforestation and the establishment and maintenance thereon of forests for watershed protection, the production of timber and for recreation and kindred purposes.”

    The New York State Department of Environmental Conservation apparently isn’t worried about every fine point in dusty old statutes.

    Applying an extraordinarily broad legal interpretation, the agency is prepared to expand the list of legal “kindred purposes” to include so called high-volume hydraulic fracturing, toxic wastewater storage in ponds, underground natural gas storage, heavy trucking and widespread road and pipeline construction.

    This comes from the same agency that warns state forest hikers: “Don’t litter! Stay on designated trails. Do not cause damage by heedlessly trampling trail side vegetation.”

    So littering is bad, but hydrofracking is OK? Surely, this agency is lost in the woods. Read more of this post