While not often thought of as a part of Pennsylvania’s coal country, the Pine Creek Watershed has seen its share of coal mining and related activity. Coal was first discovered along the Babb Creek portion of the watershed in 1782, and mining operations began in earnest in the 1860s. By 1990, the area was so impacted by mine drainage and other pollution that there were no fish found in Babb Creek. Efforts to rehabilitate the stream have made some progress, raising the pH of the stream and restoring fish populations, to the point where Babb Creek was officially removed from the list of impaired streams in 2016.
Within the watershed’s abandoned mine areas, 68 specific sites totaling nearly 500 acres are flagged as “containing public health, safety, and public welfare problems created by past coal mining.” This represents more than 11% of the total mined area. Only five of these 68 sites – all strip mines – have completed the reclamation process.
|SITE TYPE||ABANDONED||RECLAMATION COMPLETE||TOTAL FACILITIES||TOTAL ACRES|
|Dry Strip Mine||31||5||36||322.0|
|Flooded Strip Mine||2||–||2||1.7|
|Known Subsidence Prone Area||2||–||2||0.4|
|Coal Processing Settling Basin||3||–||3||1.5|
The oil and gas industry in Pennsylvania started with the Drake Well near Titusville in 1859, before the onset of the Civil War. In the years since, perhaps as many as 760,000 such wells have been drilled statewide.[ix] While the Pennsylvania Department of Environmental Protection (DEP) is the current state agency with regulatory oversight of the industry, it estimates that there could be as many as 560,000 wells drilled that they have no record of in their database. Given the lack of data for these early wells, it is not possible to know exactly how many wells have been drilled in the Pine Creek Watershed.[x]
The Pine Creek Watershed is in the heart of the Pennsylvania Wilds, a 12-county region in North Central Pennsylvania focused on nature-based tourism. “Adventure to one of the largest expanses of green between New York City and Chicago,” touts the initiative’s website.[xi] The area includes over two million acres of public land, and is marketed for its notorious starry skies, quaint towns, large elk herd, and other attractions, like Pine Creek.
The watershed and its trails and public lands contribute substantially to the PA Wilds estate and offerings, including:
These largely remote and rugged spaces are relished for their idyllic and pristine qualities. Modern extraction brings discordant traffic, noise, lights, and releases of pollutants into the air and water. Stream waters – ideal for trout, anglers, and paddlers – are siphoned for the fracturing process. Trails are interrupted by pipelines and access roads. The erosion of outdoor experiences is piecemeal and pervasive.
The PA DEP has records for 1,374 oil and gas wells within the watershed, although not all of these were actually drilled. Of these wells, 404 wells have an official status of “operator reported not drilled,” while an additional 111 have a similar status of “proposed but never materialized.” Of the remaining 859 wells, 554 are currently considered active (including 25 conventional and 529 unconventional wells). An active status is given once the well is proposed — even before it is officially permitted by DEP, let alone drilled. The status remains until some other status applies.
Seventy-four wells are considered to be “regulatory inactive” (four conventional, 71 unconventional), meaning that the well has not been in production for at least a year, and must meet several other requirements. The remainder of the wells in the watershed have reached the end of their functional life, of which 168 have been plugged (119 conventional, 49 unconventional). This is done by filling the well bore with concrete, and is considered permanent, although the plugs have been known to fail from time to time. Fifty-seven additional conventional wells are considered abandoned, meaning that they are at the end of their useful life but have not been appropriately plugged, neither by the operator nor DEP. Five additional conventional wells are considered to be orphaned, which is a similar status to abandoned, but these wells are no longer linked to an operator active in the state. Given the lack of recordkeeping in the early part of the industry’s history in PA, the number of plugged, abandoned, and orphaned wells in the Pine Creek Watershed is likely significantly underrepresented.
Conventional drilling activity has essentially ceased in the watershed. A single well categorized as conventional, the Bliss 3H well, has been drilled in 2019. In fact, this well is almost certainly miscategorized. Not only does its well name follow conventions for horizontal unconventional wells, but the DEP’s formation report indicates that it is in fact drilled into the Marcellus Shale. Prior to Bliss 3H, the two most recent conventional wells were drilled in 2011.
Unconventional drilling is a different story altogether. In terms of the number of wells drilled, the peak within the Pine Creek Watershed was in 2011, with 186 wells drilled. That represented 9.5% of the statewide total that year, and Pine Creek is just one of 35 comparably sized watersheds targeted for unconventional development in Pennsylvania.
More recently, there were 16 wells drilled in the watershed in 2018, and 17 wells through the halfway point of 2019, indicating that the extraction efforts are once again on the upswing.
|YEAR||STATEWIDE||PINE CREEK WATERSHED||PCT. TOTAL|
On May 9, 2019, nearly two dozen people descended upon the Pine Creek Watershed for the purpose of chronicling the impacts that the oil and gas industry is currently wreaking on the landscape. The documentation began early in the morning at the William T. Piper Memorial Airport in the town of Lock Haven, located in Clinton County. FracTracker Alliance organized the blitz with numerous partner organizations, including EarthWorks, Sierra Club, Save Our Streams PA, Responsible Drilling Alliance, Pennsylvania Forest Coalition, Environeers, Pine Creek Headwaters Protection Group, and Lebanon Pipeline Awareness.
The massive watershed was broken up into 10 impact zones, which were mostly determined by concentrations of known sites such as well pads, compressor stations, retention ponds, and pipeline corridors.
Some people brought cameras and specialized equipment to Pine Ceek, such methane sensors and global positioning system devices. Participants were encouraged to try out the FracTracker Mobile App, which was designed to allow users to communicate and share the location of oil and gas concerns. Earthworks brought a FLIR infrared camera, which can capture volatile organic compounds and other pollutants that are typically invisible to the human eye, but that still pose significant risks to health and the environment. Others participants brought specialized knowledge of oil and gas operations from a variety of perspectives, from those who had previously interacted with the industry professionally, to those who have been forced to live in close proximity of these massive structures for more than a decade.
While we knew that it would not be possible to photograph every impact in the watershed, the results of this group effort were tremendous, including hundreds of photos, dozens of app submissions, and numerous infrared videos. All of these have been curated in the map above. In our exuberance, we documented a number of facilities that wound up not being in the Pine Creek Watershed – still impactful but beyond the scope of this project. In some cases, multiple photos were taken of the same location, and we selected the most representative one or two for each site. Altogether, the map above shows 22 aerial images, 84 app submissions, 46 additional photos, and nine infrared FLIR videos.
FracTracker also collaborated with a pilot from LightHawk, a nonprofit group that connects conservation-minded pilots with groups that can benefit from the rare opportunity to view infrastructure and impacts from the air. Together, LightHawk and FracTracker’s Ted Auch flew in a mostly clockwise loop around the watershed, producing the aerial photography highlighted in this article, and in the map below.
The benefits of being able to see these impacts from the air is incalculable. Not only does it give viewers a sense of the full scope of the impact, but in some cases, it provides access to sites and activities that would otherwise be entirely occluded to the public, such as sites with active drilling or hydraulic fracturing operations, or when the access roads are behind barriers that are posted as no trespassing zones.
It can be difficult to maintain a sense of the massive scale of these operations when looking at aerial images. One thing that can help to maintain this perspective is by focusing on easily identifiable objects, such as nearby trees or large trucks, but it is even more useful to cross-reference these aerial images with those taken at ground level.
Drilling unconventional wells requires the use of millions of gallons of water per well, sometimes as high as 100 million gallons. Unconventional drilling operations in Pennsylvania are required to self-report water, sand, and chemical quantities used in the hydraulic fracturing stage of well production to a registry known as FracFocus. Because of this, we have a pretty good idea of water used for this stage of the operation.
This does not account for all of the industry’s water consumption. The amount of water required to maintain and operate pipelines, compressor stations and other processing facilities, and to suppress dust on well pads, access roads, and pipeline rights-of-way is unknown, but likely significant. Much of the water used for oil and gas operations in this watershed is withdrawn from rivers and streams and the groundwater beneath the watershed.
|CATEGORY||GALLONS||EQUIVALENT PERSONS (ANNUAL USAGE)|
|Average Single Well||6,745,697||246|
|Maximum Single Well||13,313,916||486|
|All Wells (2013-2017)||850,648,219||31,074|
There are 60 water-related facilities for oil and gas operations active within the watershed in 2019, including two ground water withdrawal locations, 20 surface water withdrawal locations, and 38 interconnections, mostly retention ponds. This dataset does not include limits on the 22 withdrawal locations, however, one of the surface withdrawal sites was observed with signage permitting the removal of 936,000 gallons per day. If this amount is typical, then the combined facilities in the watershed would have a daily capacity of about 20.6 million gallons, which is about 27 times the daily residential consumption within the watershed.
Predictably, water withdrawals ebb and flow with fluctuations in drilling activity, with peak consumption exceeding 1.2 billion gallons in the three-month period between April and June 2014, and an aggregate total of nearly 20.4 billion gallons between July 2008 and December 2016. It is not known what fraction of these withdrawals occurred in the Pine Creek Watershed.
Between October 22, 2007, and April 24, 2019, the Pennsylvania DEP issued 949 violations to unconventional oil and gas operations within the Pine Creek Watershed.[xiii] It can be difficult to know precisely what happened in the field based on the notations in the corresponding compliance reports. For example, if an operator failed to comply with the terms of their erosion and sediment control permit, it is unclear whether there was a sediment runoff event that impacted surface waters or not. However, as these rules were put into place to protect Pennsylvania’s waterways, there is no question that the potential for negative water impacts exists. Therefore, erosion and sedimentation violations are included in this analysis.
Other violations are quite explicit, however. The operator of the Hoffman 2H well in Liberty Township, Tioga County was cited for failing to prevent “gas, oil, brine, completion and servicing fluids, and any other fluids or materials from below the casing seat from entering fresh groundwater,” and failing to “prevent pollution or diminution of fresh groundwater.” A well on the Tract 007 – Pad G well pad was left unplugged. “Upon abandoning a well, the owner or operator failed to plug the well to stop the vertical flow of fluids or gas within the well bore.”
The violation description falls into more than 100 categories for sites within the watershed. We have simplified those as follows:
|Casing / Cement Violation||31||Yes|
|Clean Streams Law Violation||32||Yes|
|Erosion & Sediment||84||Yes|
|Failed to Control / Dispose of Fluids||279||Yes|
|Failure to Comply With Permit||3||No|
|Failure to Plug Well||1||Yes|
|Failure to Prevent Pollution Event||23||Yes|
|Failure to Protect Water Supplies||8||Yes|
|Failure to Report Pollution Event||20||Yes|
|Failure to Restore Site||8||No|
|Industrial Waste / Pollutional Material Discharge||229||Yes|
|Rat Hole Not Filled||7||Yes|
|Residual Waste Mismanagement||2||Yes|
|Restricted Site Access to Inspector||1||No|
|Site Restoration Violation||9||No|
|Unmarked Plugged Well||1||No|
|Unpermitted Residual Waste Processing||73||Yes|
|Waste Analysis Not Completed||1||No|
|Water Obstruction & Encroachment||7||Yes|
Altogether, 816 out of the 949 violations (86%) issued in the Pine Creek Watershed were likely to have an impact on either surface or ground water in the region. Two sites have more than 50 violations each, including the Phoenix Well Pad, with 116 violations in Duncan Township, Tioga County, and the Bonnell Run Hunting & Fishing Corp Well Pad in Pine Township, Lycoming County, with 94 violations.
Since the Pine Creek Watershed has been the site of considerable oil and gas extraction activity, it has also been the site of significant quantities of waste generated by the industry, which is classified as residual waste in Pennsylvania. This category is supposedly for nonhazardous industrial waste, although both liquid and solid waste streams from oil and gas operations pose significant risks to people exposed to them, as well as to the environment. Oil and gas waste is contaminated with a variety of dangerous volatile organic compounds and heavy metals, which are frequently highly radioactive. There are also a large number of chemicals that are injected into the well bore that flow back to the surface, the content of which is often kept secret, even from workers who make use of them onsite.
There were 37 sites in the Pine Creek Watershed that accepted liquid waste between 2011 and 2018. Of these sites, 30 (81%) were well pads, where flowback from drilling may be partially reused. While this reduces the overall volume of waste that ultimately needs to be disposed of, it frequently increases the concentration of hazardous contaminants that are found in the waste stream, which can make its eventual disposal more challenging. Most of the sites that accept waste do reuse that waste. However, the largest quantity of waste are from the remaining seven sites.
|Reuse at Well Pads||2,042,662||85,791,801||23%|
The Pine Creek Watershed in Pennsylvania’s Susquehanna River Basin has seen more than its fair share of industrial impacts in the centuries since European contact, from repeated timber clearcutting, to coal extraction, to the development of unconventional oil and gas resources in the 21st century. Despite all of this, Pine Creek remains one of the Commonwealth’s natural gems, a cornerstone of the famed Pennsylvania Wilds.
Many of the impacts to the watershed could be thought of as temporary, in that they would likely stop occurring when the oil and gas developers decide to pack up and leave for good. This includes things like truck traffic, with all of the dust and diesel exhaust that accompanies that, pollution from compressor stations and leaky pipe junctions, and even most surface spills.
And yet in some ways, the ability of the land to sustain this industry becomes substantially impaired, and impacts become much more prolonged. Consider, for example, that prior logging efforts have permanently changed both the flora and fauna of the region. Similarly, while there is no more active coal mining in Pine Creek, almost 500 acres of sites deemed to be problematic remain, and some streams impacted by contaminated runoff and mine drainage have yet to return to their former pristine state, even decades later.
Unconventional drilling in the watershed will have similarly permanent impacts. While there is a legal threshold for site restoration, these multi-acre drill sites will not resemble the heavily forested landscape that once stood there when they reach the end of their useful life. Access roads and gathering lines that crisscross the landscape must be maintained until all well pads in the area are out of service, and then the aging infrastructure will remain in situ. Contaminated groundwater supplies are likely to take centuries to recover, if it is even possible at all.
Thousands of feet of rock once separated the unconventional formations from the surface. That distance was a barrier not just to the gas, but also to salty brines, toxic heavy metals, and naturally occurring radioactive materials that are present at those depths. To date, 593 holes have been drilled in the Pine Creek Watershed, creating 593 pathways for all of these materials to move to the surface. The only things keeping them in place are concrete and steel, both of which will inevitably fail over the course of time, particularly in the highly saline environment of an old gas well.
Even if the industry were to leave today and properly plug all of the wells in the Pine Creek Watershed, impacts from the drilling are likely to remain for many years to come.
[i] Owlett, Steven. Seasons Along the Tiadaghton: An Environmental History of the Pine Creek Gorge. Wellsboro, PA: Steven E. Owlett, 1993. P. 11.
[ii] Wikipedia. Pine Creek (Pennsylvania). https://en.wikipedia.org/wiki/Pine_Creek_(Pennsylvania)
[iii] Owlett, Steven. Seasons Along the Tiadaghton: An Environmental History of the Pine Creek Gorge. Wellsboro, PA: Steven E. Owlett, 1993. P. 11.
[iv] DCNR. History of Colton Point State Park, 2019. https://www.dcnr.pa.gov/StateParks/FindAPark/ColtonPointStatePark/Pages/History.aspx
[v] DCNR, Bureau of Forestry. Marcellus Shale Management Field Tour, 2012. http://www.paforestcoalition.org/documents/Marcellus_Shale_Management_Field_Tour_5-14-12.pdf
[vi] Hayes, Samuel P. Wars in the Woods: The Rise of Ecological Forestry in America. Pittsburgh, PA. University of Pittsburgh Press, 2006. (2007). P 120-121.
[vii] Owlett, Steven. Seasons Along the Tiadaghton: An Environmental History of the Pine Creek Gorge. Wellsboro, PA: Steven E. Owlett, 1993. P.58-60.
[viii] Owlett, Steven. Seasons Along the Tiadaghton: An Environmental History of the Pine Creek Gorge. Wellsboro, PA: Steven E. Owlett, 1993. P.61.
[ix] Pennsylvania Department of Environmental Protection, Oil Gas Locations – Conventional Unconventional, 2019. https://www.pasda.psu.edu/uci/DataSummary.aspx?dataset=1088
[x] Pennsylvania Department of Environmental Protection. Abandoned and Orphan Oil and Gas Wells and the Well Plugging Program, 2018. http://www.depgreenport.state.pa.us/elibrary/PDFProvider.ashx?action=PDFStream&docID=1419023&chksum=&revision=0&docName=ABANDONED+AND+ORPHAN+OIL+AND+GAS+WELLS+AND+THE+WELL+PLUGGING+PROGRAM&nativeExt=pdf&PromptToSave=False&Size=411528&ViewerMode=2&overlay=0
[xii] Ferguson et al. The impacts of shale natural gas energy development on outdoor recreation: A statewide assessment of pennsylvanians, September 2019. Journal of Outdoor Recreation and Tourism. Volume 27.
[xiii]Pennsylvania Department of Environmental Protection. Oil and Gas Compliance Report Viewer. 2019. http://www.depreportingservices.state.pa.us/ReportServer/Pages/ReportViewer.aspx?/Oil_Gas/OG_Compliance
[xiv] Joshua Pribanic & Melissa Troutman. Triple Divide, 2013.
All aerial photography by Ted Auch with flight support by LightHawk (May 2019).
Pine Creek compressor station FLIR camera footage by Earthworks (May 2019).
In March of 2019, two and a half years after Shell Pipeline Co. announced plans for the Falcon Ethane Pipeline System, the imported pipes arrived at the Port of Philadelphia. As tree clearing and construction begins, we share frustration with residents that the project is underway while many of our concerns remain unaddressed.
Between 2010 and 2018, over 280 pipeline incidents were reported in Ohio, West Virginia, and Pennsylvania (the three states the Falcon crosses). Of those incidents, 70 were fires and/or explosions. As regulatory agencies and operators fail to protect the public, communities are taking the reins.
Environmental organizations are training the public to spot construction violations and appealing inadequate pipeline permits. Impacted residents are running for office, testifying in court, and even spending time in prison to protect their communities.
These grassroots efforts are contributing to a shift in public perception about the safety and need of pipelines. In some cases, including with the Northeast Energy Direct Pipeline and the Constitution Pipeline, organizing efforts are helping stop projects before they begin.
We invite all residents along the Falcon route to get involved in ongoing efforts to monitor construction. Below, you’ll find a guide to reporting violations as well as high-risk areas along the Falcon route that require close monitoring.
Taking photos of pipeline development and recording your observations is a great way to monitor impacts. One tool to use while monitoring is the FracTracker mobile app (search “FracTracker” in the App Store or Google Play to download for free). The app allows the public to submit geolocated photos and descriptions of development, such as pipelines and wells, and concerns, such as spills and noise pollution. These reports help FracTracker crowdsource data and alert us to concerns that need follow up action. The app also contains a map of wells, pipelines, and compressor stations, including the Falcon pipeline route for reference in the field.
Click on the images below to view app reports of Falcon construction.
During the construction phase, incidents often occur when companies cause erosion of the ground and release sediment, equipment, or discharge into waterways. Mountain Watershed Association and Clean Air Council have provided the following information on the process of looking for and documenting violations.
Step 1) Document baseline conditions. Documenting the pre-construction status of an area is crucial for understanding how it’s been impacted down the road. Document baseline conditions by taking photos, videos, and notes at different sites, and include the location and date on these materials (the Fractracker app does this for you automatically). Observing sites at different times and in different weather (such as during or after a storm) will give you the best data.
Step 2) Know what to look for. Below are images and descriptions of common construction violations.
For more violations, checkout Pipeline CSI’s list of Top Ten Observable Non-Compliance Issues.
3) File a Report. File an official complaint to your state environmental regulatory agency.
Your concerns can be sent to regulatory agencies using the following contact information:
4) Contact support organizations. There are several organizations ready to take action once violations have been confirmed. For confirmed violations in Beaver County, PA, contact Alex Bomstein, at the Clean Air Council (215-567-4004 x118) and for confirmed violations in Allegheny or Washington Counties, PA, contact Melissa Marshall at the Mountain Watershed Association (724-455-4200 x7#). For violations in Ohio or West Virginia, reach out to FracTracker (412-802-0273).
Reports made on the FracTracker App are shared with any app user and the FracTracker team, who look through the reports and contact users for any required follow up. App reports can also be submitted to regulatory agencies electronically. Simply visit the web version of the app, click on your report, and copy the URL (web address) of your report. Then “paste” it into the body of an email or online complaint form. The receiver will see the exact location, date, and any notes or photos you included in the report.
Monitoring efforts must be limited to publicly accessible land. In general, areas that are most at-risk for environmental impact include stream and wetland crossings, steep slopes (particularly those near water crossings), flood-prone zones, and areas where storm water runoff will reach waterways. View a map of the Falcon’s water crossings here, and continue reading for more vulnerable locations to monitor.
The information below identifies high-risk areas along the pipeline route where monitoring efforts are extra necessary due to their impacts on drinking water, wetlands, undermined areas, and vulnerable species.
We found 240 private water wells within 1/4 mile of the Falcon.
While all of these wells should be assessed for their level of risk with pipeline construction, the subset of wells nearest to horizontal directional drilling (HDD) sites deserve particular attention. HDD is a way of constructing a pipeline that doesn’t involve digging a trench. Instead, a directional drilling machine is used to drill horizontally underground and the pipe is pulled through.
While an HDD is designed to avoid surface impacts, if rushed or poorly executed, it can damage surface water, groundwater, and private property. The Mariner East 2 pipeline construction left several families without water after construction crews punctured an aquifer at an HDD site.
Shell’s data highlights 24 wells that are within 1,000 feet of a proposed HDD site.
We’ve isolated the groundwater wells and HDDs in a standalone map for closer inspection below. The 24 most at-risk wells are circled in blue.
Testing your groundwater quality before construction begins is crucial for determining impacts later on. Two upcoming workshops in Washington County, PA and another in Beaver County, PA will discuss how to protect your water and property.
The Falcon’s HDD locations offer disturbing similarities to what caused the Mariner East pipeline spills. Many of Sunoco’s failures were due to inadequately conducted (or absent) geophysical surveys that failed to identify shallow groundwater tables, which then led to drilling mud entering streams and groundwater.
Figure 1 below shows Greene Township, Beaver County, just south of Hookstown, where the “water table depth” is shown. The groundwater at this HDD site averages 20ft on its western side and only 8ft deep on the eastern side.
The Falcon also crosses the headwaters of two drinking water reservoirs: the Tappan Reservoir in Harrison County, OH (Figure 2) and the Ambridge Reservoir in Beaver County, PA (Figure 3). The Falcon will also cross the raw water line leading out of the Ambridge Reservoir.
The Ambridge Reservoir supplies water to five townships in Beaver County (Ambridge, Baden, Economy, Harmony, and New Sewickley) and four townships in Allegheny County (Leet, Leetsdale, Bell Acres & Edgeworth). The Tappan Reservoir is the primary drinking water source for residents in Scio.
Wetlands that drain into Raccoon Creek in Beaver County, PA will be particularly vulnerable in 2 locations. The first is in Potter Township, off of Raccoon Creek Rd just south of Frankfort Rd, where the Falcon will run along a wooded ridge populated by half a dozen perennial and intermittent streams that lead directly to a wetland, seen in Figure 4. Complicating erosion control further, Shell’s survey data shows that this ridge is susceptible to landslides. This area is also characterized by the USGS as having a “high hazard” area for soil erosion.
The other wetland area of concern along Raccoon Creek is found in Independence Township at the Beaver County Conservation District (Figure 5). Here, the Falcon will go under the Creek using HDD (highlighted in bright green). Nevertheless, the workspace needed to execute the crossing is within the designated wetland itself. An additional 15 acres of wetland lie only 300ft east of the crossing but are not accounted for in Shell’s data. This unidentified wetland is called Independence Marsh, considered the crown jewel of the Independence Conservancy’s watershed stewardship program.
Shell’s analysis shows that 16.8 miles of the Falcon pipeline travel through land that historically has or currently contains coal mines. Our analysis using the same dataset suggests the figure is closer to 20 miles. Construction through undermined areas poses a risk for ground and surface water contamination and subsidence.
Of these 20 miles of undermined pipeline, 5.6 miles run through active coal mines and are located in Cadiz Township, OH (Harrison Mining Co. Nelms Mine, seen in Figure 6); Ross Township, OH (Rosebud Mining Co. Deep Mine 10); and in Greene Township, PA (Rosebud Mining Co. Beaver Valley Mine).
For a complete map of mined areas, click here.
More than 25 of the Falcon’s 97 pipeline miles will be laid within karst landscapes, including 9 HDD sites. Karst is characterized by soluble rocks such as limestone prone to sinkholes and underground caves. A cluster of these are located in Allegheny and Washington counties, PA, with extensive historical surface mining operations.
The combination of karst and coal mines along Potato Garden Run, in Figure 7, make this portion of the pipeline route particularly risky. At this HDD site, the Falcon will cross a coal waste site identified in the permits as “Imperial Land Coal Slurry” along with a large wetland.
The Southern Redbelly Dace, a threatened species, is especially vulnerable to physical and chemical (turbidity, temperature) changes to their environment. PA Fish and Boat Commission explicitly notes in their correspondence with Shell that “we are concerned about potential impacts to the fish, eggs and the hatching fry from any in-stream work.” Of note is that these sites of concern are located in designated “High Quality/Cold Water Fishes” streams of the Service Creek watershed (Figure 8). PFBC stated that that no in-stream work in these locations should be done between May 1 and July 31.
Portions of the Falcon’s workspace are located near 6 areas with known occurrences of Short-eared Owls (PA endangered species) and Northern Harriers (PA threatened species). Pennsylvania Game Commission requested a study of these areas to identify breeding and nesting locations, which were executed from April-July 2016 within a 1,000-foot buffer of the pipeline’s workspace (limited to land cover areas consisting of meadows and pasture). One Short-eared Owl observation and 67 Northern Harrier observations were recorded during the study. PGC’s determined that, “based on the unusually high number of observations at these locations” work should not be done in these areas during harrier breeding season, April 15 through August 31.
A known Bald Eagle nest is located in Beaver County. Two potential “alternate nests” are located where the Falcon crosses the Ohio River. National Bald Eagle Management Guidelines bar habitat disturbances that may interfere with the ability of eagles to breed, nest, roost, and forage. The 1 active nest in close proximity to the Falcon, called the Montgomery Dam Nest, is located just west of the pipeline’s terminus at Shell’s ethane cracker facility.
U.S. Fish and Wildlife Service requested that Shell only implement setback buffers for the one active nest at Montgomery Dam (Figure 10). These include no tree clearing within 330 feet, no visible disturbances with 660 feet, and no excessive noise with 1,000 feet of an active nest. Furthermore, Shell must avoid all activities within 660ft of the nest from January 1st to July 31st that may disturb the eagles, including but not limited to “construction, excavation, use of heavy equipment, use of loud equipment or machinery, vegetation clearing, earth disturbance, planting, and landscaping.
The Falcon is located within the range of federally protected Indiana Bats and Northern Long-eared Bats in Pennsylvania and West Virginia. In pre-construction surveys, 17 Northern Long-eared Bats were found at 13 of the survey sites, but no Indiana Bats were captured.
A total of 9 Northern Long-eared Bat roost trees were located, with the nearest roost tree located 318 feet from the pipeline’s workspace. Figure 11 below shows a cluster of roost trees in Raccoon Township, PA. For a map of all the roost trees, click here. The U.S. Fish and Wildlife Service stated that “Due to the presence of several Northern Long-eared Bat roost trees within the vicinity of the project footprint (although outside of the 150-foot buffer), we recommend the following voluntary conservation measure: No tree removal between June 1 and July 31.”
The Pennsylvania Game Commission noted in early correspondences that Silver-haired Bats may be in the region (a PA species of special concern). PGC did not require a further study for the species, but did request a more restrictive conservation of no tree clearing between April 1 and October 31.
For more information on the wildlife impacts of the Falcon Pipeline, click here.
To continue reading about this pipeline, visit the Falcon Public EIA Project.
By documenting the impacts of the Falcon Pipeline, you’re contributing to a growing body of work that shows the risks of fossil fuel pipelines. Not only does this evidence protect drinking water and vulnerable species, it serves as evidence against an inherently dangerous project that will contribute to climate change and the global plastics crisis.
We hope you’re inspired to take action and add your voice to a growing team in the region committed to safer and healthier environments. Thank YOU for your dedication to the cause!
By Erica Jackson, Community Outreach and Communications Specialist, FracTracker Alliance.
Portions of this article were adapted from previous posts in the Falcon Public EIA Project, written by Kirk Jalbert.
How the frac sand industry is circumventing local control, plus where the industry is migrating
It was more than a year and half ago that anti-frac sand organizer – and movement matriarch – Pat Popple published a white paper by attorney Elizabeth Feil in her Frac Sand Sentinel newsletter. The paper outlined potential impacts of something the Wisconsin Department of Natural Resources (DNR) calls the “Marketable Nonmetallic Mineral Deposit Registration” (MNMDR) program.
The program, passed in 2000, is outlined in Wisconsin’s administrative code under Subchapter VI “Registration of Marketable Nonmetallic Mineral Deposits (NR 135.53-NR 135.64). This program allows landowners to register parcels that sit atop marketable nonmetallic mineral deposits, such as frac sand, according to a licensed professional geologist. The geologist uses “logs or records of drilling, boring, geophysical surveys, records of physical inspections of outcrops or equivalent scientific data” to outline the quality, extent, depth, accessibility, and current market value of the minerals.
If a mine operator is not the landowner, it must first coordinate registration with the landowner to:
… provide protection against present or future land uses, such as the erection of permanent structures, that would impede their development…to promote more orderly future development of identified nonmetallic mineral resources and minimize conflict among land uses.
The only requirement under this program is that the landowner “provide evidence that nonmetallic mining is a permitted or conditional use for the land under zoning in effect on the day in which notice is provided to the zoning authorities.” All registrations must be recorded in the county’s registrar of deeds 120 days before filing the registration. This process results in zoning authorities having a 60-day window to determine if they support or object to registrations in circuit courts.
Once counties are notified, they have no recourse for objection aside from proving that the deposit is not marketable or the parcel is not zoned for mining.
As Ms. Feil wrote, this program “preserves…[parcel] eligibility for nonmetallic mining in the future, even if a local governing body later passes new mining restrictions.” The former will have already been proven by the licensed geologist, and the latter is highly unlikely given lax or non-existent zoning in rural Wisconsin, where many land parcels are outside incorporated townships. Any parcel registered on this program remains in the program for a 10 year period and may be automatically re-registered under the initial geological assessment for another 10 year term “at least 10 days and no more than one year before registration expires.”
After this 20-year period, parcels start from scratch with respect to the registration process.
As part of her white paper, Ms. Feil noted that in a quick check of her home county’s register of deeds, she found six nonmetallic mineral deposit registrations since 2000 in Trempealeau County and nine in neighboring Chippewa County. As a result of Ms. Feil’s initial inquiry, we decided it would be worth conducting a sweeping search for all nonmetallic parcel registrations in the nine most heavily frac sand-mined Wisconsin counties: Trempealeau, Barron, Crawford, Chippewa, Monroe, Jackson, Clark, Dunn, and Eau Claire.
We were fortunate enough to receive funding from the Save The Hills Alliance (STHA) to conduct this research. We received “boots on the ground” assistance from the likes of Ms. Feil, Ms. Popple, and several other volunteers for acquiring hard copies of registrations as of the summer of 2018.
Our goal was to construct a map that would provide a predictive and dynamic tool for residents, activists, non-profits, researchers, local governments, and journalists to understand the future scale and scope of frac sand mining across West Central Wisconsin. We hope this will inspire a network of citizen scientists and mapping tools that can serve as a model for analogous efforts in Illinois, Minnesota, and Southeastern Michigan.
In addition to identifying parcels falling under Wisconsin DNR’s MNMDR registration program, we also used Wisconsin’s State Cartographer’s Office and Land Information Program “V4 Statewide Parcel Data” to extract all parcels:
The latter were included in the map because Wisconsin DNR identified the importance of cranberry bogs in their Silica Sand Mining in Wisconsin January 2012 report. The report defined the “Cranberry Exemption” as follows:
Some of the counties in central Wisconsin that are seeing an increase in frac sand mining are also home to much of the state’s cranberry farming. Mining sand is a routine practice in the process of raising cranberries. Growers use sand in the cranberry beds to provide adequate drainage for the roots of the cranberry plants. The sand prevents root rot and fosters plant growth. Chapter 94.26, Wis. Stats, was established in 1867 and exempts cranberry growers from much of the laws applying to waters of the state under Chapter 30, Wis. Stats. With this exemption in place cranberry growers can, in theory, mine sand wherever and however they desire for use in cranberry production. Some cranberry growers are taking advantage of the high demand for sand and are selling their sand on the frac sand market (emphasis added). However, the Department has recently determined that the exemption in Ch. 94.26, Wis. Stats., from portions of Chapters 30 and 31, Wis. Stats., for cranberry culture is not applicable to non-metallic mining sites where a NR 216, W is. Adm. Code, stormwater permit is required. For those non-metallic mining operations where the material is sold and hauled off site, Chapters 30 and 31, Wis. Stats., jurisdiction will be applied.
Finally, the last data layer we’ve included in this map speaks to the enormous volumes of subsurface water that the industrial sand mining industry has consumed since 2010. This layer includes monthly and annual water volume withdrawals by way of 137 industrial sand mine (i.e., IN 65) high capacity wells (Our thanks to Wisconsin DNR Water Supply Specialist – Bureau of Drinking Water and Groundwater’s Bob Smail for helping us to compile this data.)
We have coupled that data to annual tonnages in order to quantify gallons per ton ratios for several mines across several years.
Below is the completed map of current and potential frac sand mines in West Central Wisconsin, as well as high capacity wells. Click on the features of the map for more details.
We identified 4,049 nonmetallic parcel registration and existing sand mine operator parcels totaling 113,985 acres or 178 square miles spread across 14 counties in West Central Wisconsin (Table 1). The largest parcel sizes were U.S. Silica’s 398-acre parcel in Sparta, Monroe County and Badger Mining’s 330-acre parcel in St. Marie, Green Lake County. The average parcel is a mere 28 acres.
To put these figures in perspective, back in 2013 we quantified the full extent of land-use change associated with frac sand mining in this same region and found that the 75 active mines at the time occupied a total of 5,859 acres and averaged roughly 75 acres in size. This means that if current parcel ownership and nonmetallic parcel registrations run their course, the impact of frac sand mining from a land-use perspective could potentially increase by 1,900%!
This is an astounding development and would alter large chunks of West Central Wisconsin’s working landscape, dairy industry, and “Badger State” mentality forever.
|County||Number of Parcels||Total Acreage||Average Parcel Acreage|
As for the “Cranberry Exemption” identified by Wisconsin DNR, we identified an additional 3,090 cranberry operator or family-owned parcels totaling 98,217 acres or 153 square miles – nearly equal to the acreage identified above. Figure 1 shows the extent of cranberry bog parcels and frac sand mines in Monroe, Wood, and Jackson Counties. The two largest parcels in this inquiry were the 275-acre parcel owned by Fairview Cranberry in Monroe County and a 231 acre-parcel owned by Ocean Spray in Wood County. Interestingly, the former is already home to a sizeable (i.e., 266 acres) frac sand mine operated by Smart Sand pictured and mapped in Figure 2.
In total, the potential for mine expansion in West Central Wisconsin could consume an additional 212,202 acres or 331 square miles. Characterized by dairy farms, and also known as The Driftless Area, this region is where Aldo Leopold penned his masterpiece, A Sand County Almanac. To give a sense of scale to these numbers, it is worth noting that this type of acreage would be like clearing an area the size of the Dallas-Fort Worth metropolis.
After completing this project, Liz Feil, Pat Popple, and I got on the phone to discuss what we perceived to be its limitations, as well as their concerns with the process and the implications of the MNMDR program, which are listed below:
1. Both Liz and Pat found that when they visited certain counties to inquire as to parcel registrations, most of the registrars of deeds had very little, if any, idea as to what they were talking about, which begged the questions:
2. Liz and Pat felt they ended up teaching county registrars more about this registration process during this exercise than they ended up learning themselves.
3. Given the potential ramifications of these types of programs, such registrations should be centrally archived rather than archived at disparate sites across the state. Registrations should be explicitly bolted onto efforts like the aforementioned statewide V4 Statewide Parcel Data, given the fact that the MNMDR parcels are registered for 10 years.
The footprint of frac sand mining at any one point is just a glimpse into how vast its influence could be in the future. Mapping parcel ownership like we’ve done gives people a more realistic sense for the scale and scope of mining in the future and is a more realistic way to analyze the costs/benefits of such an industry. This type of mapping exercise would have greatly benefited those that live in the coal fields of Appalachia and the Powder River Basin as they began to debate and regulate mining, rather than the way they were presented with proposals as smaller discrete operations.
This piecemeal process belies the environmental and social impact of any industrial process, which frac sand mining very much is.
There is a growing concern, based on a thorough analysis of the data, that the High Volume Hydraulic Fracturing (HVHF) industry’s unquenchable thirst for freshwater is growing at an unsustainable rate. Here at FracTracker, we have been quantifying the exponential increase in HVHF water use, namely in Ohio’s Muskingum River Watershed and northern West Virginia, for more than five years now. More recently, Duke University’s Avner Vengosh has conducted a thorough national analysis of this trend.
While the trends in HVHF water use and waste production are disturbing, such analysis leaves out the water industry uses to mine and process frac sand, or “proppant” in places like Wisconsin, Minnesota, and Illinois. Failure to incorporate such values in an analysis of HVHF’s impact on freshwater, both surface and subsurface, grossly underestimates the industry’s impact on watersheds and competing water uses.
Figure 3 shows monthly and cumulative water demand of frac sand mining. The first thing to point out is the marked seasonal disparities in water withdrawals due to the fact that many of Wisconsin’s frac sand mines go dormant during the winter and ramp up as soon as the ground thaws. The most important result of this work is that we finally have a sense for the total volumes of water permanently altered by the frac sand mining industry:
An astounding 30 billion gallons of water were used between January 2010 and December 2017
This figure is equivalent to the annual demand of ~72,500 US residents (based on an assumption of 418,184 gallons per year). This figure is also equivalent to between 2,179 and 3,051 HVHF wells in Ohio/West Virginia.
Figure 4 shows water use by operator. The worst actors with respect to water withdrawals over this period were two wells serving Hi-Crush’s active Wyeville mine that in total used 9.6 billion gallons of subsurface water. Covia Holdings, formerly Unimin and Fairmount Santrol, utilized 5.8 billion gallons in processing an undisclosed amount of frac sand at their Tunnel City mine. Covia’s neighboring mine in Oakdale, owned by Wisconsin White Sand and Smart Sand, used more than 2.5 billion gallons during this period spread across six high-capacity wells.
These tremendous water volumes prompted us to ask whether we could determine the amount of water needed to mine a typical ton of Wisconsin frac sand. There are numerous issues with data quality and quantity at the individual mine level and those issues stretch from the USGS all the way down to individual townships. However, some townships do collect tonnage records and/or “Fees Tied to Production” from mine operators which allow us to quantify productivity. Using this scant data and the above water volume data we were able to determine “gallons to tons of sand mined” ratios for the years of 2013, 2014, 2015, and/or 2017 for four mines and those ratios range between 30-39 to as much as 521 gallons of water per ton of sand (Table 2).
|Gallon Per Ton|
|Wisconsin Industrial Sand||Maiden Rock Facility||Maiden Rock||Pierce||98||90||66||—|
|Thompson, Terry||Thompson Hills Mine||Chetek||Barron||—||30||521||—|
|CSP||Rice Lake Mine||Rice Lake||Barron||—||—||—||104|
For far too long we’ve been monitoring frac sand mining retrospectively or in the present tense. We’ve had very little data available to allow for prospective planning or to model the impact of this industry and its role in the Hydraulic Fracturing Industrial Complex writ large. Given what we are learning about the fracking industry’s insatiable appetite for water and sand, it is imperative that we understand where frac sand mining will occur if this appetite continues to grow (as we expect it may, given the current political environment at the state and federal level).
1) With the new age of what the HVHF industry is calling “Super Laterals”, between 2010 and 2017 we saw average proppant demand jump nearly six-fold to roughly 25-30 thousand tons per lateral.
2) In Le Sueur County, MN Covia – which is a recent merger of silica mining giants Unimin and Fairmount Santrol – has plans and/or parcel ownership speaking to the potential for an 11-fold increase in their mining operations, which would increase acreage from 560 to 6,500 acres (if sand demand increases at its current clip) (Figures 5 and 6).
3) As we’ve previously highlighted, the potential outside Detroit, Michigan for US Silica to expand its current frac sand mining operations would displace hundreds of families. The planned expansion would grow their mine from its current 650-acre footprint to nearly 1,400 acres in the town of South Rockwood, Monroe County (Figure 7).
Given our experience mapping and quantifying the current and future impact of frac sand mining in states with limited mining activity, we felt it was critical that we apply this methodology to the state where industry is mining a preponderance of frac sand. However, this analysis was rendered a bit more complicated by the presence of the MNMDR program and Wisconsin DNR’s “Cranberry Exemption.” Adding to the challenge is the fact that many in Wisconsin’s frac sand communities demanded that we address the tremendous volumes of water being used by the industry and work to incorporate such data into any resulting map.
We hope that this map allows Wisconsin residents to act in a more offensive and prospective way in voicing their concerns, or simply to become better informed on how sand mining has impacted other communities, will influence them, and what the landscape could look like in the future.
It is critical that we see sand mining not as discrete mines with discrete water demands but rather as a continuum, or better yet an ecosystem, that could potentially swallow large up sizeable chunks of Western Wisconsin.
By Ted Auch, Great Lakes Program Coordinator, FracTracker Alliance
P.S. We’ll continue to add MNMDR registered parcels periodically. As parcels change ownership, we will be sure to update both the cranberry bog and industry owned parcel inventory in the comings months and years.
In August 2016, Shell announced plans for the “Falcon Ethane Pipeline System,” a 97-mile pipeline network intended to feed Shell’s ethane cracker facility in Beaver County, Pennsylvania. In response to available data, FracTracker launched the Falcon Public EIA Project in January of 2018 to unearth the environmental and public health impacts of the proposed pipeline. As part of that project, today we explore Shell’s Chapter 105 application and the deficiencies the Pennsylvania Department of Environmental Protection (DEP) cited after reviewing Shell’s application.
Just a heads up… there are a lot.
Shell originally submitted a Chapter 105 application to the DEP to receive a permit for water obstruction and encroachment. The DEP began reviewing the application in January of 2018. On June 1st, they sent Shell technical deficiency letters listing several issues with the application. Shell responded to these deficiencies on August 1st.
Now, it’s up to the DEP to decide if Shell’s response is adequate, and if the department should go ahead and approve the application or require more work from Shell. Explore the technical deficiencies below for more information.
Below is a map that highlights several of the deficiencies the DEP found with Shell’s application and a brief explanation of each one. Expand the map full-screen to explore more layers – Some layers only become visible when you zoom in due to the level of detail they display.
Next, we’ll walk you through the technical deficiencies, which we have broken down into the following categories:
Water withdrawal from rivers and discharge
Wetlands and Streams
As evidenced by the list above, the proposed Falcon Pipeline poses a variety of threats to Pennsylvania’s natural resources, wildlife, and public health – but this deficiencies list is likely not complete. The pipeline also passes through West Virginia and Ohio, and if completed, will likely attract more pipelines to the area. As it feeds Shell’s ethane cracker plant in Beaver County, it is a major step towards the region becoming a hub for plastic manufacturing. Therefore, the public response to the above deficiencies and the decision the DEP makes regarding them will have major implications for the Ohio River Valley’s future.
By Erica Jackson, Community Outreach and Communications Specialist
PITTSBURGH, PA – At last night’s County Council meeting, Councilwoman Anita Prizio unveiled a new bill to create an oil and gas lease registry for Allegheny County, which would help the area’s residents and municipalities better plan for oil and gas development within their communities.
The legislation, which has been referred to committee, would establish a publicly-available database of drilling leases across the county, organized by address, municipality, and company lease holder.
In 2016, FracTracker Alliance noted many issues with the county’s existing system during a lease mapping project and supports the move to make county lease data more transparent. For example, entries in the current database recorded after 2010 do not list street addresses or parcel IDs, which are necessary for proper mapping of local drilling activity.
“The proposed oil and gas lease registry would be a step in the right direction for improving the industry’s transparency and accountability in an area surrounded by extensive drilling,” remarked FracTracker’s Manager of Data and Technology and Allegheny County resident, Matt Kelso. “These agreements are already public data, but they’re burdensome to access and essentially impossible to analyze in any comprehensive fashion.”
Industrial-scaled oil and gas development has steadily increased in Allegheny County, with permits for 258 unconventional wells, more than half of which are now operational. Based on its earlier mapping work, FracTracker estimates that 63,014 acres – roughly 18% of the county – are already under some kind of mineral rights lease or pipeline rights-of-way agreement, a calculation that did not include parcels that were not identified due to missing data.
The lease registry, which would disclose permitting statuses and well type, would also play a large part in supporting local zoning efforts and helping public safety officials prepare for incidents that could put residents and infrastructure at risk.
# # #
About FracTracker Alliance
FracTracker Alliance is a national organization with regional offices across the United States in Pennsylvania, Washington DC, New York, Ohio, and California. Our mission is to study, map, and communicate the risks of oil and gas development to protect our planet and support the renewable energy transformation. We accomplish this by supporting advocacy groups at the local, regional, and national level – informing actions to positively shape our nation’s energy future. Check out FracTracker’s 2016 Allegheny Lease Mapping Project.
“The aeroplane has unveiled for us the true face of the earth.” by French writer and aviator Antoine de Saint-Exupéry author of Le Petit Prince (The Little Prince)
I always tell people that you can’t really understand or appreciate the enormity, heterogeneity, and complexity of the unconventional oil and gas industry’s impact unless you look at the landscape from the cockpit of a Cessna 172. This bird’s-eye-view allows you to see the grandeur and nuance of all things beautiful and humbling. Conversely, and unfortunately more to the point of what I’ve seen in the last year, a Cessna allows one to really absorb the extent, degree, and intensity of all things destructive.
I’ve had the opportunity to hop on board the planes of some amazing pilots like Dave Warner, a forester formerly of Shanks, West Virginia (Note: More on our harrowing West Virginia flight with Dave later!!), Tim Jacobson Esq. out of La Crosse, Wisconsin, northern Illinois retired commodity and tree farmer Doug Harford, and Target corporate jet pilot Fred Muskol out of the Twin Cities area of Minnesota.
Since joining FracTracker I’ve been fortunate to have completed nearly a dozen of these “morning flights” as I like to call them, and five of those have taken place since August 2017. I’m going to take the next few paragraphs to share what I’ve found in my own words and by way of some of the photos I think really capture how hydraulic fracturing, and all of its tentacles, has impacted the landscape.
The following is by no means an empirical illustration. I’m increasingly aware, however, that often times tables, charts, and graphs fail to capture much of the scale and scope of fossil fuel’s impact. Photos, if properly georeferenced and curated, are as robust a source of data as a spreadsheet or shapefile, both of which are the traditional coins of the realm here at FracTracker.
August 2, 2017
It was nearly a year ago today that I met Bloomer, Wisconsin dairy farmer Ken Schmitt at the Chippewa Valley Regional Airport (KEAU) and soon thereafter jumped into Tim Jacobson’s Cessna 172 to get a bird’s-eye-view of the region’s many frac sand mines and their impacts (Figure 1). These sites are spread out over a 12-county region known as West Central Wisconsin (WCW). Ken hadn’t been up to see these mines since October of 2016 and was eager to see how they had “progressed,” knowing what he did about their impact on his neck of the woods in northern Chippewa County.
Ken is one of the smartest guys I’ve ever met, and – befitting a dairy farmer – he is also one of the most conservative and analytical folks I’ve ever met. However, that morning it was clear that his patience with county administrators and the frac sand mining industry had long since run out. He was tired of broken promises, their clear and ubiquitous bullying tactics, and a general sense that his livelihood and the farm he was hoping to leave his kids were at risk due to sand mining’s complete capture of WCW’s residents and administrators.
Meanwhile Mr. Jacobson Esq. was intimately familiar with some of the legal tools residents were using to fight the spread of sand mining in the WCW. This is something he referred to as “anticipatory nuisance” lawsuits, which he and his colleagues were pursuing on behalf of several landowners against OmniTrax’s (f/k/a Terracor) “sand mine, wet and dry processing, a conveyor system to a rail load out with manifest yard” proposal in Jackson County, Wisconsin. I, too, have worked with Tim to inform some of his legal work with respect to the nuisance stories and incidents I’ve documented in my travels, as well as research into the effects of sand mining across Michigan, Illinois, Minnesota, and Wisconsin.
Explore details from our sand mining tour by clicking on the images below:
Our flight lasted nearly 2.5 hours and stretched out over 4,522 square miles. It included nearly 20 sand mines – and related infrastructure – in the counties of Jackson, Wood, Clark, Eau Claire, Monroe, Trempealeau, and Buffalo. What we saw was a sizeable expansion of the mining complex in the region since the last time I flew the area – nearly four years earlier on October 8, 2013. The number and size of mines that had popped up since that trip were far greater than any of us had expected.
This expansion paralleled the relative – and total –increase in demand for “proppant” from the High Volume Hydraulic Fracturing (HVHF) all across the country (Figure 2).
January 26, 2018
On the morning of January 26th, I woke up on the west side of Cleveland thinking there was very little chance we were going to get up in the air for our flight with SouthWings’ pilot Dave Warner due to inclement weather. There was a part of me that was optimistic, however, so I decided to make the three hour drive down to the Marshall County Airport (KMPG) in Moundsville, West Virginia from Cleveland in the hopes that the “cold rain and snow” we’d been receiving was purely lake effect stuff and the West Virginia panhandle had not been in the path of the same cold front.
Unfortunately, when I arrived at the Moundsville airport I was wrong, and the runway was pretty slick around 8:00 a.m. However, the airport’s staff worked diligently to de-ice and plow the runway and by the time Dave Warner arrived from southern West Virginia conditions were ideal. The goal of this flight was two-fold:
Both of these goals were achieved efficiently and safely, with the resulting Allegheny Front piece receiving significant interest across multiple public radio and television platforms including PRI’s Living On Earth.
Explore details from our WV / OH tour by clicking on the images below:
On my return drive home that afternoon the one new thing that really resonated with me was the fact that hydraulic fracturing or fracking has come to be defined by 4-5 acre well pads across Appalachian, Texas, Oklahoma, and North Dakota. This is a myth, however, expertly perpetuated by the oil and gas industry and their talking shops. Fracking’s extreme volatility and quick declines in rates of return necessitate that this latest fossil fuel iteration install large pieces of infrastructure like compressor stations and cracking facilities. This all is to ensure timely movement of product from supply to demand and to optimize the “value added” products the global markets demand and plastics industry uses as their primary feedstocks. This large infrastructure was never mentioned at the outset of the shale revolution, and I would imagine if it had been there would be far more resistance.
The one old thing the trip reinforced was the omnipresence and sinuosity of natural gas gathering lines across extremely steep and forested Appalachian geographies. How these pipelines will hold up and what their hasty construction is doing to terrestrial and aquatic wildlife, not to mention humanity, is anyone’s guess; the data is just so darn bad.
March 5, 2018 – aka, The XTO Powhatan Point Well Pad Explosion Flight
Around 9 a.m. on Thursday, February 15, 2018, an explosion occurred at XTO’s Schnegg frack pad “as the company worked to frack a fourth well” in Powhatan Point, Belmont County, Ohio. Shortly thereafter, a two-mile Temporary Flight Restriction (TFR) was enacted by the Federal Aviation Administration (FAA) around the incident’s location. The TFR was supposed to lapse during the afternoon of March 5, however, due to complications at the site the TFR was extended to the evening of March 8.
We were antsy to see what we could see, so we caught an emergency flight with Dave Warner, only this time under the LightHawk umbrella. We left on the morning of March 5th out of the all too familiar Carroll County-Tolson Airport (KTSO). Although we couldn’t get close to the site, there was a holler valley to the northwest of the pad that allowed us to capture a photo of the ongoing releases. Additionally, within several weeks we obtained by FOIA the raw Ohio State Trooper monitoring footage from their helicopter and posted this footage to our YouTube channel, where it has received 4,787 views since March 19, 2018. This type of web traffic is atypical for anything that doesn’t include kittens, the Kardashians, or the Kardashians’ kittens.
Explore details from our Southeastern Ohio tour by clicking on the images below:
Much like our flight in January the most salient points I got out of Dave’s plane thinking about were:
It is a big plant, a very big plant and far bigger than other plants around here… What’s really amazing that we got it up and running in six months. No one believed that we could do that. – Momentum Midstream spokesman Eric Mize discussing their natural gas liquids-separating complex in Scio, Ohio.
May 24 & 26, 2018
Frac Sand Mines and The Nature Conservancy’s Nachusa Grasslands Buffalo Herd, Franklin Grove, Illinois
It was during the week of June 20, 2016 that I first visited the frac sand mine capital of the United States: LaSalle County, Illinois. Here is the land of giant silica sand mines owned by even larger multinationals like U.S. Silica, Unimin, and Fairmount Santrol.
Fast forward to the week of May 21st of this year, and I was back in the frac sand capital to interview several folks that live near these mines or have been advocating for a more responsible industry. I conducted a “morning flight” with several journalists and county officials from neighboring Ottawa County.
LaSalle County is an extremely interesting case study for anyone even remotely interested in the food, energy, and water (FEW) conversation that has begun to receive significant attention in the age of the “Shale Revolution.” (Such focus is largely thanks to the extreme amounts of water required during the fracking process.) While LaSalle County has never experienced even a single HVHF permit, it is home to much of the prized silica or “proppant” the HVHF industry prizes. La Salle receives this recognition due to its location above one of the finest sources of silica sand: the St. Peter Sandstone formation. This situation has prompted a significant expansion in the permitting of new silica sand mines and expansion of existing mines throughout the county – from small townships like North Utica and Oglesby to Troy Grove 7 miles north on East 8th Road.
Meanwhile, LaSalle County is home to some of the most productive soils in the United States, due largely to the carbon sequestration capabilities of the tallgrass prairies that once dominated the region. In any given year, the county ranks in the top 5 nationally based on the amount of soybean and corn produced on a per-acre basis. According to an analysis of the most recent USDA agricultural census, total agricultural value in LaSalle County exceeds $175 million or seven times the national average by county of roughly $23 million.
Needless to say, the short-term extraction of silica sands in the name of “energy independence” stands to have a profound impact on long-term “food security” in the U.S. and worldwide. Sadly, this conflict is similar to the one facing the aforementioned West Central Wisconsin, home to similarly productive soils. The cows that feed on the forage those soils produce some of the highest quality dairy anywhere. (As an aside: both regions are facing the realities of their disproportionate support for Donald Trump and the effects his trade war will have on their economies.)
LaSalle County is also home to the 2,630-acre Starved Rock State Park along the south bank of the Illinois River. Much of the park’s infrastructure was built by the Civilian Conservation Core (CCC) back in the early 1900s. Starved Rock is home to 18 canyons featuring:
… vertical walls of moss-covered stone formed by glacial meltwater that slice dramatically through tree-covered sandstone bluffs. More than 13 miles of trails allow access to waterfalls, fed season runoff or natural springs, sandstone overhangs, and spectacular overlooks. Lush vegetation supports abundant wildlife, while oak, cedar and pine grow on drier, sandy bluff tops. – IL DNR
Starved Rock receives more than 2.5 million visitors annually, which is the most of any Illinois state park. However, it is completely surrounded by existing or proposed frac sand mines, including US Silica’s Covel Creek mine. US Silica even recently pitched an expansion to the doorstep of Starved Rock and future plans to nearly engulf the park’s perimeter. What such an expansion would do to the attractiveness of the park and its trickle down economic impact is debatable, but LaSalle County residents Paul Wheeler and photographer Michelle McCray took a stab at illustrating the value of the state park to residents for our audience back in August, 2016:
Explore details from our Illinois tour by clicking on the images below:
All passengers were struck by how large these mines were and how much several of the mines had expanded since the last time we all flew over them in June of 2016. The mines that had experienced the greatest rates of expansion were US Silica’s LaSalle Voss mine along Interstate 80 and the aforementioned Illinois River mine along with Fairmount Mineral’s major expansion, both in terms of infrastructure and actual mine footprint, in Wedron along the Fox River.
Most of this expansion is due to three critical distinguishing characteristics about the industry in LaSalle County:
However, all is not lost in North Central Illinois. This hope was stoked during our sojourn – and my subsequent trip in person – up to see The Nature Conservancy’s 3,600 acre preserve in Franklin Grove on the border of Lee and Ogle counties. As someone who is working hard to establish a small plot of prairie grasses and associated wildflowers at my home outside Cleveland, I was hoping to see what an established prairie looks like from the air. My primary goal, however, was to see what a healthy herd of native bison looks like. The Nachusa bison are unique in that they came:
… from Wind Cave National Park in South Dakota and…Unlike most other American bison, animals from the Wind Cave herd have no history of cross-breeding with cattle. Bison from Wind Cave are the species’ most genetically pure and diverse specimens.
We were fortunate during our flight to have spotted the heard at the western edge of the preserve in what volunteer naturalist, Betty Higby, later told me the staff calls Oak Island. While I am not a person of faith, seeing these behemoths roaming freely and doing what 20-30 million of their ancestors used to do across much of North America moved me in a way I was not prepared for. I was immediately overwhelmed with a sense of awe and humility. How was I going to explain this beast’s former ubiquity and current novelty to my 5-year-old son, who shares a love of the North American Bison with me and would most certainly ask me what happened to this majestic creature?
June 25, 2018
Ohio is currently home to 2,840 fracking permits, with 2,370 of these laterals having been drilled since September 2010. The growing concern around the fracking and petrochemicals conversation across much of the Midwest is the increasing number of FERC-permitted natural gas pipeline “proposals” the industry is demanding it needs to maximize potential. Most residents in the path of these pipelines have strong objections to such development, citing the fact that imminent domain should not be invoked for corporate gain.
Much like all of the other patterns and processes we’ve documented and/or photographed at FracTracker, we felt that a flight over the latest FERC-approved pipeline – The NEXUS pipeline – would give us a better understanding of how this critical piece of infrastructure has altered the landscapes of Medina and Stark counties. Given the population density of these two northeastern Ohio counties, we also wanted to document the pipeline’s pathway with respect to urban and suburban centers.
Our flight on June 25th was delayed due to low clouds and last minute changes to the flight plan, but once we took off from Wadsworth Municipal Airport (3G3) with a local flight instructor it was clear that NEXUS is a pipeline that navigates a sinuous path in cities and townships like Green, Medina, Rittman, and Seville – coming dangerously close to thousands of homes and farms, as well as many schools and medical facilities.
Explore details from our NEXUS Pipeline tour by clicking on the images below:
Will this be the last FERC-approved pipeline to transverse Ohio in the name of “energy independence”? Will this pipeline and its brethren with names like the Utopia and ET Rover be monitored in real-time? If not, why? It is unfortunate, to say the least, that we so flippantly assume these pipelines are innocuous given their proximity to so many Ohioans. And, as if to add insult to injury, imminent domain is invoked. All this for a piece of oil and gas infrastructure that will profit companies on the global market, with only a fraction of the revenue returning to affected communities.
I don’t know of a better way to understand the magnitude of these pipelines than flying over them at 1,000-1,500 feet, and I will continue to monitor and photograph oil and gas developments from the air with the assistance of amazing pilots like those affiliated with LightHawk and SouthWings.
To this end, I will be returning to West Central Wisconsin for yet another “morning flight” with the aforementioned La Crosse-area pilot and lawyer Tim Jacobson and frequent collaborator University of Wisconsin-Stout professor Tom Pearson. Our flight plan will return us to the northern Wisconsin frac sand counties of Chippewa, Barron, Dunn, Eau Claire, and if we have time we’ll revisit the mines we photographed in August of last year. We’ve been told by Susan Bence, an environmental reporter out of Milwaukee Public Radio, that she is trying to convince the powers that be at NPR in Washington, DC that this is a story the entire country should hear about. Wish us luck!
By Ted Auch, Great Lakes Program Coordinator
In this segment of the Falcon Public EIA Project, we first focus on the route of the pipeline and prior routes that were considered. We take a closer look at the properties along the route that required easement agreements from landowners. Finally, we locate facilities that will be built as part of the project, such as metering stations and shut-off valves, as well as the pipeline’s construction areas and access roads.
The following map will serve as our guide in breaking down these first components. Expand the map full-screen to explore its contents in greater depth. Some layers only become visible at closer zoom levels. Click the “details” tab in full-screen mode to read how the different layers were created.
Pipeline operators must consider a variety of factors when searching for a viable right of way (ROW) for their project—the continuous stretch of land needed to construct, maintain, and operate the pipeline. This process begins with reviewing data and maps made available by federal, state, and local agencies in order to identify features that would complicate the project. These might include such things as protected wetlands, drinking water sources, abandoned mines, or heavily populated areas.
A second step is to conduct manual field surveys along their planned route. During this stage, engineers do precise measurements to determine how the pipeline will cross individual properties as well as locate site-specific concerns that need to be accounted for, such as the presence of endangered species or archeological sites. FracTracker previously produced a guide to pipeline surveying, which can be found here.
The process of finding a viable pipeline route can undergo dozens of revisions and take months or years to complete. The example image seen below, taken from our interactive map at the top of the page, shows a few of the many different 50ft. ROWs considered by Shell. These were documented every few months as the data changed.
The most recent route is highlighted in red, totaling 97.5 miles (Shell’s original press releases stated 94 miles). Segments that represent alternative routes considered in certain places are shown in blue (these earlier divergences total 19 miles). Other areas surveyed at some point in the process are shown in dotted purple (totaling 91.3 miles). Given that the route has changed very little in recent months, as well as the fact that Shell has submitted their permit applications for project, we believe that the route in red is likely the route proposed to regulatory agencies.
Note that, in the interactive map, there is an additional “Air Liquide” pipeline (this is the name of a gas products company) proposed by Shell that will run from the ethane cracker south for about .5 miles. Based on comments made by Shell at public hearings, we assume this will be a nitrogen pipeline feeding the plant from an unknown source.
Perhaps the most significant factor that can determine a pipeline route is finding landowners amenable to having their land surveyed and, ultimately, willing to sign easements to allow the pipeline on their property. In some instances, pipeline companies can be granted eminent domain as a “public utility” to take land by force (ME2). However, Shell has stated publicly that eminent domain in not an option for Falcon, due to the fact that the pipeline services a private facility. FracTracker previously produced a guide for landowners who might be approached by pipeline operators seeking to survey their properties.
The Falcon pipeline will have a permanent ROW of 50ft that will cross 10 municipalities in Pennsylvania, 12 townships in Ohio, as well as northern Hancock County, West Virginia. More than 2,000 individual parcels of land were surveyed across this region. Of those 2,000, Shell approached landowners for 765 unique parcels at some point in the process to obtain easements, either for the pipeline ROW itself or for access roads.
To date, Shell has executed 572 easements. Of these, 469 will be needed to execute the current proposed route. However, as of this time, 14 parcels along the proposed route are still listed as “landowner contacted,” meaning that the easement has not yet been executed. The image below is a page from Shell’s permit applications to the PA DEP listing properties pending in Pennsylvania.
Media sources have reported on some of the details of Shell’s Pipeline easement agreements. In some instances, contracts stated a transactional price of $10 per linear foot as a “placeholder” to get the process started. In other cases, Shell has paid landowners as much as $75 per linear foot of pipeline. These agreements also state that Shell reserved the right to “lay, construct, test, maintain, inspect, operate, repair, renew, relocate, replace, substitute, change the size of, upgrade, alter, mark, protect and remove or abandon in place” any pipelines on the property. Below is an example of how our interactive map represents these parcels and their status. For instance, executed easements are in green and pending or stalled agreements in yellow.
Pipelines require a number of facilities to properly manage the flow and pressure of gas from one end of the line to another. For instance, metering stations are installed to measure how much gas is in the pipeline system at given points. Falcon has five “pads” where metering stations will be located. Three of these are co-located at the origin points of the pipeline (the MarkWest separator facilities) and a fourth at the ethane cracker end-point. However, the fifth meter stations will be located where the two legs of the pipeline meet in northeast Raccoon Township, Beaver County, PA. This site is called the “Junction” meter pad.
Shut-off valves will also placed along the route—18 in all for Falcon—in order to section off lengths of the pipeline that can be turned off as needed. These valves will be located at fairly regular intervals of 8-10 miles in most places, but are also found just before and after sensitive locations, such as the Oho River crossing and areas and where the lines juncture.
Metering stations and shut-off valves bring particular risks. For instance, when valves are closed at a section of pipeline for maintenance, or in the event of an emergency, excess gasses must vented to relieve pressure. This is one reason why communities have become concerned about the location of these facilities, such as with a Mariner East 2 pipeline valve in West Goshen Township, PA. Similarly, the Falcon pipelines’ valve in New Somerset, OH, is especially close to residential areas, seen below.
Finally, pipeline operators must identify in their permit applications the “workspace” needed for construction. Shell’s temporary ROW for workspace is approximately 100ft in most stretches along the Falcon’s route, similar to what is shown in the image below. Site-specific conditions, such as road, railroad crossings, and buildings make the workspace narrower in some instances, but much larger workspaces will be needed around sites like metering stations and shut-off valves.
The locations of access roads must also be identified in permit applications. Access roads come in two categories and typically require a 25ft ROW. Temporary access roads are used during the construction process and often utilize existing private driveways, farm roads, or are built after clearing land acquired in the easement process. Permanent roads allow long-term access to facilities, such as valves and pumping stations, as well as for bringing in equipment to maintain the pipeline’s ROW. Shell’s plan proposes 111 temporary access roads (28 miles) and 21 permanent access roads (2.3 miles).
Shell’s permit applications state that the total disturbed workspace needed for construction and access roads is approximately 1,273 acres. About half of this will remain cleared for the permanent right-of-way and permanent access roads.
When a pipeline project is subject to regulatory review, alternative routes are typically offered up by the operator for consideration in weighing different costs and benefits. Major reroutes typically deviate from the proposed route for significant distances in order to avoid significant impediments such as large cities or protected lands. Minor alternatives are shorter in length and used to avoid specific areas of concern, such as a protected wetland. An alternative route might also be selected in order to utilize an existing ROW from other pipelines.
As noted, there are a number of places along the Falcon route where we see examples of major route changes. Many of these reroutes appear to be due to landowners along the preferred path not signing easements for one reason or another. One of the more significant change occurred at the location where the Falcon crosses the Ohio River in Hancock County, West Virginia, seen below. For many months, Shell’s maps showed a planned crossing south of the current proposed route, but later took a dramatic diversion to the north, apparently due to an easement not having been executed for a single property. What is notable about the new route is that it utilizes property owned by the popular Mountaineer Casino, Racetrack, and Resort.
In another instance, we see a reroute near the Fort Cherry Golf Course in McDonald, Washington County, PA. An earlier route took the Falcon straight through the course, whereas the current proposed route goes further east, disrupting a smaller number of fairways. Notice in the image below that a temporary access road for the pipeline’s construction will also still utilize Fort Cherry Golf Course’s driveway.
Finally, we bring attention to what appears to be some of the few remaining properties with easements not yet settled in order to begin construction. As noted in the excerpt from Shell’s permit application at the top of this page, a number of parcels owned by the Montour Trail Council have a status of: “in negotiation and depended on submitted crossing permit applications,” presumably meaning they would agree to the easement if PA DEP approved Shell’s permits.
The Montour Trail is a 46-mile long multi-use non-motorized recreational rail-trail located in Washington and Allegheny County, PA, used by more than 400,000 people annually. It also makes up part of the Great Allegheny Passage (GAP), a trail system that stretches over 335 miles from Pittsburgh to Washington, DC. The trail is managed by the nonprofit Montour Trail Council with support from state agencies such as the Pennsylvania Department of Conservation and Natural Resources (DCNR).
We were surprised to find that the Montour Trail will be crossed by the Falcon in 9 locations: 5 by the pipeline itself, 3 by temporary access roads, and 1 by a permanent access road, as illustrated in the image above. Two of the pipeline intersections will be executed using HDD boring. The trail and its intersection with the Falcon can be seen by activating these layers on FracTracker’s interactive map, as illustrated in the image above.
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By Kirk Jalbert, FracTracker Alliance
Decisions to drill or mine on public lands, however, are often extremely complicated.
By Allison M. Rohrs, Saint Francis University, Institute for Energy
The Commonwealth of Pennsylvania has historically been, and continues to be, home to an abundant array of energy resources like oil, gas, coal, timber, and windy ridgetops. Expectedly, these natural resources are found both on publicly and privately held land.
In Pennsylvania, the bulk of public lands are managed by two separate state agencies: The Department of Conservation and Natural Resources (DCNR), which manages the state’s forest and park system, and the Pennsylvania Game Commission (PGC), which manages the state’s game lands. Both of these state agencies manage oil, gas, and coal extraction as well as timbering on state property. Interestingly, neither of the agencies have utility-scale renewable energy generation on their land.
Some of Pennsylvania’s best wind resources can be found on the mountain ridges in the Commonwealth’s state forests and game lands, however, all proposals to build utility-scale wind farms have been denied by state agencies.
(Note: there are other state and federal agencies managing lands in PA, however, we focused our research on these two agencies specifically.)
Surprised to see that state lands have been greatly developed for different fossil industries but denied for wind energy, The Institute for Energy set out on a yearlong endeavor to collect as much information as we could about energy development on PA public lands. Using formal PA Right to Know requests, we worked with both DCNR and PGC to examine development procedures and management practices. We reviewed hundreds of available state agency reports, scientific documents, and Pennsylvania energy laws and regulations. We also worked with FracTracker Alliance to develop interactive maps that depict where energy development has occurred on state lands.
After a comprehensive review, we realized, like so much in life, the details are much more complicated than a simple yes or no decision to develop an energy project on state lands. Below is a brief summary of our findings, organized by energy extraction method:
One of the most significant issues to understand when discussing energy resources on state lands is the complexity of land ownership in Pennsylvania. In many instances, the development of an energy resource on publicly owned land is not a decision, but instead an obligation. In Pennsylvania, property rights are often severed between surface and subsurface ownership. In many cases, surface owners do not own the mineral rights beneath them, and, by PA law, are obligated to allow reasonable extraction of such resource, whether it be coal, oil, or gas. In Pennsylvania, approximately 85% of state park mineral rights are owned by someone other than the Commonwealth (severed rights).
It is critical to note that DCNR and PGC are two entirely separate agencies with different missions, legal structures, and funding sources. This plays a significant role in decisions to allow oil, gas, and coal development on their properties. Both agencies have explicit legal authority under their individual statutes that allow them to lease the lands for mineral extraction. This becomes more of an issue when we discuss wind development, where legal authority is less clear, particularly for DCNR.
Oil and gas wells have been spudded on state parks, state forests, and state game lands. The decision to do so is multifaceted and ultimately decided by three major factors:
There is currently a moratorium on new surface leases of DCNR Lands. Moratoriums of such nature have been enacted and removed by different governors since 2010. Although there are no new lease agreements, extraction and production is still occurring on DCNR land from previously executed lease agreements and where the state does not own the mineral rights.
The Game Commission is still actively signing surface and non-surface use agreements for oil and gas extraction when they determine the action is beneficial to achieving their overall mission.
Revenues from the oil and gas industry play a significant role in the decision to drill or not. Both agencies have experienced increasing costs and decreasing revenues, overall, and have used oil and gas development as a way to bridge the gap.
Funds raised from DCNR’s oil and gas activities go back to the agency’s conservation efforts, although from 2009 to 2017, the State Legislature had directed much of this income to the state’s general fund to offset major budget deficits. Just this year, the PA Supreme Court ruled against this process and has restored the funds back to DCNR for conservations purposes.
All revenues generated from oil and gas development on state game lands stays within the Game Commission’s authority.
Along with positive economic benefits, there remains potential health and environmental risks unique to development on these public lands. Some studies indicate that users of these public lands could have potential exposure to pollution both in the air and in the water from active oil and gas infrastructure. The ease of public access to abandoned and active oil and gas infrastructure is a potential risk, as well. On the environmental side, many have argued that habitat fragmentation from oil and gas development is contradictory to the missions of the agencies. Both agencies have independent water monitoring groups specific to oil and gas activities as well as state regulated DEP monitoring. The potential negative effects on ground and surface water quality is an issue, however, mainly due the vast size of public lands and limited dwellings on these properties.
Use the map below to explore the PA state parks, forests, and game lands that have active oil and gas infrastructure.
Oil and Gas Wells on State Lands in PA
Thousands of acres of state forests and game lands have been mined for coal. Like oil and gas, this mineral is subject to similar fee simple ownership issues and is governed by the same laws that allow oil and gas extraction. DCNR, has not signed any virgin coal mining leases since the 1990s, but instead focuses on reclamation projects. There are coal mining operations, however, on forest land where DCNR does not own the mineral rights. The Game Commission still enters into surface and non-surface use agreements for mining.
In many circumstances, mining activity and abandoned mines were inherited by the state agencies and left to them to reclaim. Environmental and health impacts of mining specific to state land are generally attributed more to legacy mining and not to new mining operations.
Acid mine drainage and land subsidence has destroyed rivers and riparian habitats on these lands purposed for conservation.
The ease of public access and limited surveillance of public lands also makes abandoned mines and pits a dangerous health risk. Although threats to humans and water quality exist, abandoned mines have been noted for actually creating new bat habitat for endangered and threatened bat species.
Originally, we sought to quantify the total acreage of public lands affected by coal mining and abandoned mines; however, the dataset required to do so is not yet complete.
The Pennsylvania Department of Environmental Protection is currently in the process of digitizing over 84,000 hand drawn maps of mined coal seams in PA, an expected 15-year project.
Today, they have digitized approximately 30,000. The static map below demonstrates the areas with confirmed coal mining co-located on state lands:
The discussion about renewable energy development in PA is almost as complex as the fossil industries. There are no utility-scale renewables on state owned land. Both DCNR and the Game Commission have been approached by developers to lease state land for wind development, however all proposals have been denied.
Even when DCNR owns the surface rights, they still cite the lack of legal authority to lease the land for wind, as their statute does not explicitly state “wind turbines” as a lawful lease option.
The Game Commission does have the legal authority to lease its land for wind development, but has denied 19 out of 19 requests by developers to do so, citing many environmental and surface disturbances as the primary reason.
The development of wind projects in PA has slowed in the past five years, with only one new commercial wind farm being built. This is due to a variety of reasons, including the fact that many of windiest locations on private lands have been developed.
We estimate that 35% of the state’s best wind resource is undevelopable simply because it is on public land.
Like all energy development, wind energy has potential environmental and health impacts, too. Wind could cause habitat fragmentation issues on land purposed for conservation. The wind energy industry also has realized negative effects on bird and bat species, most notably, the endangered Indiana bat. Health impacts unique to public lands and wind development include an increased risk of injury to hunters and recreators related to potential mechanical failure or ice throw off the blades. Unlike fossil energies, however, wind energy has potential to offset air emissions.
We estimate that wind development on PA public lands could offset and estimated 14,480,000 tons of CO2 annually if fully developed.
Commercial wind turbines are currently being installed at hub heights of 80-100 meters where the annual average wind resource is 6.5 m/s or greater. The following map demonstrates areas of Pennsylvania where the wind speeds are 6.5 m/s or greater at 100 meters, including areas overlapping state lands, where no utility scale development has occurred.
PA Wind Potential on State Lands
Biomass is organic material, such as wood, that is considered renewable because of its ability to be replenished. The harvesting of such wood (timber) occurs on both DCNR and PGC lands and provides funding for these agencies.
Small-scale wind, solar, hydro, geothermal, and biomass projects do exist on PA public lands for onsite consumption, however no renewables exist on a commercial or utility scale.
Both the fossil and renewable energy industries are forecasted to grow in Pennsylvania in the years to come. The complex decisions and obligations to develop energy resources on PA public lands should include thoughtful management and fair use of these public lands for all energy resources.
For more information and details, check out the entire comprehensive report on our website: www.francis.edu/energy.
This work was supported by The Heinz Endowments.
The United States is blessed with some of the most diverse natural landscapes in the world. Through foresight of great leaders over the decades, starting in 1906 — Theodore Roosevelt, Franklin Roosevelt, Benjamin Harrison, and Jimmy Carter – to name just a few — well over a half billion acres of wilderness have been set aside as national parks, refuges, monuments, and roadless areas. Some of the most famous of these protected areas include the Grand Canyon, Acadia, and Grand Tetons National Parks. In all, the federal government owns 28% of the 2.27 billion acres of land that the United States comprises. These federal lands are administered by the Bureau of Land Management (BLM): 248.3 million acres, the US Forest Service: 192.9 million acres, US Fish and Wildlife Service: 89.1 million acres, and National Park Service: 78.9 million acres. In addition, the US Department of Defense administers 11.4 million acres.
While most people assume that federal wild lands are forever protected from development and commercial exploitation, quite the opposite is true. For most of the past century, federal lands have hunted, fished, logged and grazed by private individuals and enterprises. In addition, and in the cross-hairs of discussion here, is the practice of leasing lands to industrial interests for the purpose of extracting minerals, oil, and gas from these public lands.
Provisions for land conservation and restrictions on oil and gas extraction, in particular, became more stringent since the inception of the Environmental Protection Agency (EPA) in 1970. However, environmentalists have watched in horror as the current administration in Washington has gutted the EPA, and installed climate change-deniers and corporate executives in high levels of office throughout a range of federal agencies. Notable is the appointment of Ryan Zinke as US Secretary of the Interior. Zinke, a former businessman, has a long record of opposing environmental viewpoints around extraction of oil, coal, and gas and cutting regulations. The League of Conservation Voters gives his voting record a lifetime score of 4 percent on environmental issues. As recently as this week, Joel Clement–one of Zinke’s senior advisors–resigned his post, citing, Zinke’s poor leadership, wasting of tax-payer dollars, and denial of climate change science.
Early in his tenure as Secretary of the Interior, Zinke initiated a review of 27 national monuments, a move that environmentalists feared could lead to the unraveling of protections on millions of acres of federal land, and also relaxed regulations on oil and gas exploration in those areas. Public comment on the plans to review these national monuments was intense; when the public comment period closed on July 10, 2017, the Interior Department had received over 2.4 million comments, the vast majority of which supported keeping the existing boundaries and restrictions as they are.
Federal lands under threat by Trump Administration
The above map shows which sites are under consideration for oil, gas, or coal extraction, or face boundary reduction of up to 88%. Click here to view this map full-screen with a legend, zoom in and click on areas of interest, etc.
Ranchers, loggers, and recreational hunters and anglers felt that the 1906 Antiquities Act had been over-interpreted, and therefore advocated for Zinke’s proposal. (The Act was the first U.S. law to provide protection for any general kind of cultural or natural resource.)
However, environmental advocates such as the National Parks Conservation Association (NPCA), the Natural Resources Defense Council (NRDC), and others were adamantly opposed to opening up federal lands resources for extraction, citing the need for environmental protection, public access, and, importantly, concerns that the lands would be more easily transferred to state, local, or private interests. Environmentalists also argue that the revenue generated by tourism at these pristine sites would far exceed that generated by extractive resource activities. Attorneys and staff from NPCA and NRDC argued legislation in effect since the 1970s requires role for Congress in changing the boundaries of existing monuments. The President or his cabinet do not have that sole authority.
The Wilderness Society estimates that already, 90% of the land in the US West, owned by the Bureau of Land Management, is open for oil and gas leasing, while only 10% is set aside for other uses (Figure 2). According to information from Sourcewatch, in 2013, these lands included 12 National Monuments, Parks, Recreation Areas, and Preserves that had active drilling, and another 31 that might see possible drilling in the future.
True to expectation, in August of 2017, Zinke issued a recommendation to shrink the boundaries of several national monuments to allow coal mining and other “traditional uses” — which appear to include large-scale timbering, as well as potentially oil and gas drilling. Sites include Bears Ears and Grand Staircase-Escalante in Utah (encompassing more than 3.2 million acres in lands considered sacred to Dine/Navajo people), Cascade-Siskiyou in Oregon, and Gold Butte in Nevada. According to Zinke’s report, Grand Staircase-Escalante contains “an estimated several billion tons of coal and large oil deposits”. Zinke lifted Obama-era restrictions on coal leasing on federal lands this past March, 2017. However, just last week, a federal judge ruled that the current Administration’s efforts to suspend methane emission restrictions from pipelines crossing public lands were illegal. These are merely a few of the Obama-era environmental protections that Zinke is attempting to gut.
Zinke has proposed decreasing the size of Bears Ears National Monument from the current 1.35 million acres to a mere 160,000, a reduction of 88%. The Bears Ears Inter-Tribal Coalition, made up of thirty Native American tribes, condemned the recommendation as a “slap in the face to the members of our Tribes and an affront to Indian people all across the country.” The Navajo Nation intends to sue the President’s administration if this reduction at Bears Ears is enacted.
Bears Ears National Monument, designated by President Barack Obama, contains tens of thousands of cultural artifacts, and is facing not only a threat of boundary shrinkage, but also a relaxing use restrictions within the Monument area. The current President has referred to Obama’s designation of the monument as “an egregious abuse of power.” Grand Staircase-Escalante was designated by President Bill Clinton, and the Cascade-Siskiyou National Monument was designated by Clinton and expanded by President Obama.
The recommendation details were not made public in August, however, and only came to light in September through a leaked memo, published in The Washington Post. In the memo, Secretary Zinke noted that the existing boundaries were “arbitrary or likely politically motivated or boundaries could not be supported by science or reasons of resource management.” The memo goes on to say that “[i]t appears that certain monuments were designated to prevent economic activity such as grazing, mining and timber production rather than to protect specific objects.” In addition, Zinke is advocating for the modification for commercial fishing uses of two marine national monuments: the Pacific Remote Islands, and Rose Atoll.
According to the Washingon Post, Zinke:
… plans to leave six designations in place: Colorado’s Canyons of the Ancients; Idaho’s Craters of the Moon; Washington’s Hanford Reach; Arizona’s Grand Canyon-Parashant; Montana’s Upper Missouri River Breaks; and California’s Sand to Snow.
Perplexingly, the report is silent on 11 of the 27 monuments named in the initial proposal. One of which is the Papahanaumokuakea Marine National Monument — over 725,000 square miles of ocean — in the northwestern Hawaiian Islands.
The report also requests tribal co-management of “cultural resources” at Bears Ears, Rio Grande del Norte, and Organ Mountain-Desert Peaks. While one could imagine that greater involvement of indigenous people in the federal government’s management of the sacred landscapes to be a potentially positive improvement, the report is silent on the details. More information on tribal co-management and other options can be gleaned from a series of position papers written by the Property and Environment Research Center.
Of other note: Zinke is also suggesting the establishment of three new national monuments, including the 130,000-acre Badger-Two Medicine area in Montana, a sacred site of the Blackfeet Nation. Badger-Two Medicine was the site of a more than 30-year battle to retire 32,000 acres of oil and gas leases. The tribe prevailed, and the leases were canceled in November, 2016.
With potential lawsuits pending about boundary changes, galvanized push-back from environmental and tribal interests on resource management definitions for the targeted monuments, and general unpredictability on policy details and staffing in Washington, the trajectory of how this story will play out remains uncertain. FracTracker will continue to monitor for updates, and provide additional links in this story as they unfold.
National Monuments under consideration for change by Secretary Zinke:
Accessed from ArcGIS Online by FracTracker Alliance, 28 August 2017. Data apparently from federal sources, such as BLM, NPS, etc. Dataset developed by Kira Minehart, GIS intern with Natural Resources Defense Council.0=not currently targeted for policy or boundary change1= targeted for expanded resource use, such as logging, fishing, etc. 2=targeted for shrinkage of borders, and expanded resource use.
National Park Service lands with current or potential oil and gas drilling:
Downloaded by FracTracker Alliance on 9 November 2016, from National Park Service. Drilling information from here. List of sites threatened by oil and gas drilling from here (23 January 2013).
Badger-Two Medicine potential Monument:
Shapefile downloaded from USGS by FracTracker Alliance on 28 August 2017. This map layer consists of federally owned or administered lands of the United States, Puerto Rico, and the U.S. Virgin Islands. For the most part, only areas of 320 acres or more are included; some smaller areas deemed to be important or significant are also included. There may be private inholdings within the boundaries of Federal lands in this map layer. Some established Federal lands which are larger than 320 acres are not included in this map layer, because their boundaries were not available from the owning or administering agency. Complete metadata available here.
By Tom Burkett – River Healer Spokesperson, New Mexico Watchdog
The Greater Chaco region is known to the Diné (Navajo) as Dinétah, the land of their ancestors. It contains countless sacred sites that date to the Anasazi and is home of the Bisti Badlands and Chaco Culture National Historical Park, a World Heritage Site. Currently WPX Energy has rights to lease about 100,000 acres of federal, state, and Navajo allottee lands in the oil rich San Juan Basin, which includes Greater Chaco.1 WPX Energy along with other fracking companies plan to continue establishing crude oil fracking wells on these sacred lands, although the Greater Chaco community has spoken out against fracking and continue to call for more safety and oversight from New Mexico state regulatory bodies such as the EMNRD Oil Conservation Division.
The River Healers pulled EMNRD records that show over 8,300 spills in New Mexico had been reported by the the fracking industry to EMNRD between 2011-2016 (map below). This is thousands more than reported by the Environmental Protection Agency. The records also showed how quickly reports of spills, fires, and explosions were processed by the EMNRD as ‘non-emergency’ and accepted industry reports that no groundwater had been contaminated.
Daniel Tso, Member of the Navajo Nation and Elder of the Counselor Chapter, led us to fracking sites in Greater Chaco that had reported spills and fires. Daniel Tso is one of many Navajo Nation members working on the frontlines to protect Greater Chaco, their ancestral land, and their pastoral ways of life from the expanding fracking industry. Traveling in white trucks and cars we blended in with the oil and gas trucks that dot indigenous community roads and group around fracking pads on squares federally owned land. Years of watchdogging the fracking destruction on their sacred land was communicated through Tso’s eyes looking over the landscape for new fracking disruption and a calm voice,
… the hurt on the sacred landscapes; the beauty of the land is destroyed, this affects our people’s mental, spiritual, and emotional health.
At each site our eyes were scanning the fracking sites and terrain for drone flight patterns while the native elders were slowly scanning the ground for pottery shards and signs of their ancestors. Arroyos sweep around the fracking pads and display how quickly the area can flash flood from rain that gathers on the striated volcanic ash hills of the badlands.
The EMNRD Oil Conservation Division has only 12 inspectors that are in charge of overseeing over 50,000 wells scattered throughout New Mexico.2 Skepticism around EMNRD’s ability to regulate not only comes from a short staff being stretched across 121,598 square miles of New Mexico’s terrain, but thousands of active fracking sites continue to report spills, fires, and explosions every year.3 Even more problematic is that Ken McQueen, Cabinet Secretary of EMNRD formerly served as Vice President of WPX Energy.4 Ken McQueen managed WPX Energy’s assets in the Four Corners area of New Mexico, Colorado, and in addition, part of Wyoming. New Mexico Governor, Susana Martinez’s appointment of McQueen severely compromises the state’s ability to impartially oversee WPX Energy and regulate the fracking industry. Governor Martinez has been called to clean up the EMNRD, and rid the regulatory body of cabinet members more interested in protecting the assets of WPX than the health and rights of New Mexicans. Tso remarks,
The sacrifices of indigenous communities continue for a society that thinks gasoline comes from a gas station. That thinks oil is a commodity that is unending resource. This is unfortunate, and ultimately compromises our physical health. Yet this doesn’t matter to the industry. They want every last drop of crude oil even if it is cost prohibitive.
The River Healers maintain that Governor Martinez is complicit in the exploitation of human water rights as long as the EMNRD remains a compromised and unreliable regulatory body.
New Mexico governmental assimilation with the oil and gas industry is presented to the Greater Chaco indigenous communities in the form of 90,000-lb gross weight oilfield trucks. Western Refining started rolling out trucks with larger-than-life prints of state and county law enforcements officers and military personnel at the same time water protectors at Standing Rock were being arrested and assaulted by the Morton County Sheriff’s Department in North Dakota.5 The indigenous-led movement to stop the Dakota Access Pipeline from desecrating sacred land and threatening rights to clean water has drawn greater resistance to oil and gas projects around the country.
Indigenous solidarity is felt in Greater Chaco, but Western Refining’s blatant propaganda campaign demonstrates how oil and gas corporations continue to threaten and silence the communities they extract oil from by displaying the paid power of state and federal law enforcement. The River Healers view this as a direct form of intimidation that aims to further a corporate ideology and remind native communities of the violence they experienced at the hand of the United States Federal Government in the past. The Western Refining campaign is a direct form of corporate-sponsored terrorism and should be grounds to ban their ability to use images of law enforcement officers to further their interests. Furthermore, the state should discontinue paying for officers to patrol facking roads and pads and instead use state funds to make state regulatory bodies work for the communities most impacted by the oil and gas industries.
Drone surveillance of fracking sites in Greater Chaco show how quickly the fracking industry has exploited a state government tied to the interests of a booming and unchecked resource extraction industry. In Greater Chaco this element of time is more deeply understood through the lens of the indigenous community.
Ultimately, the health of the fauna and flora are devastated. The adaptation of the delicate ecosystem is forever destroyed. Their recovery and healing will take years and years.
The Anasazi Kivas in Chaco Canyon took over 300 years to construct, while drill rigs such as Cyclone 32 take less than 10 days to drill 6,500 ft wells in the canyon plateau. We hiked 12 miles of the sacred Chaco Wash, pulled water samples, and saw the red palm of the Supernova Petrograph clinging to the understory of the canyon wall, clearly taking notice of what is happening above.
We deeply thank members of the Navajo Nation for inviting us into their lives, and our hearts stand with them in solidarity. Protect Greater Chaco! Dooda Fracking!
County: San Juan
Kimbeto Wash/Chaco River
GPS: 36°14’22.38”, -107°43’51.38”
This particular site caught fire on June 11th, 2016 and was allowed to burn until July 14th. The fracking fire and contaminates spread to areas north and south of the fracking pad, burning Juniper trees within 200 feet of residential buildings. This fire is not the only documented case in the Greater Chaco Area where communities were disrupted and evacuated in the middle of the night. While community members remain concerned about their health, WPX reported that the incident was not an emergency and that no damage was caused to groundwater.
County: San Juan
Kimbeto Wash/Chaco River
GPS: 36°13’43.23″, -107°44’28.72″
Drone surveys of this particular site show Cyclone 32, a 1500 Horsepower 755 ton drill rig manufactured in Wyoming. The drill rig is transported through Greater Chaco communities on small dusty single lane dirt roads used by the community members and school buses. The drilling is heard and seen moving from pad to pad. The rig is establishing multiple drill heads on pockets of land tucked along the Kimbeto Wash, a tributary to the Chaco River and sacred source of water security for members of the Greater Chaco Area in Nageezi, New Mexico.
County: San Juan
Kimbeto Wash/Chaco River
GPS: 36°13’27.51″, -107°45’3.24″
No video available
County: Rio Arriba
Canada Larga River
GPS: 36°13’18.19″, -107°28’56.24″
Drone surveys show Lybrook Elementary School only 1600ft from a WPX Energy fracking site. The crude oil tanks of the site can be seen from the classroom windows of the school. The elementary school was moved to this location in 2006 because it was right across the highway from a large and expanding natural gas plant and had to relocate elementary students to a safe location.
Although the WPX Energy site is established on federal land, this area of Counselor, New Mexico is referred to as ‘The Checkerboard’ because of the quadrants of federal land that break up tribal land. The 5 well heads are highlighted to show that these pockets of federal land are being fracked with a high concentration of fracking wells. By drilling multiple wells in one pad location fracking companies are able to quickly drain the plays of crude oil under the the Greater Chaco Area and avoid signing contracts with the native property owners that live and attend school in the area they are fracking.
Chaco Wash/Chaco River
GPS: 36° 9’45.22″, -107°29’11.47″
Drone surveys show crude oil being fracked within 840 ft of an indigenous community in Sandoval County, NM (Greater Chaco). The fracking site is located in the path of the community water supply, which had to be routed around the wellhead and crude tanks. The underground water line remains only 110 ft from active fracking activity.
Particular communities in Greater Chaco are dependent upon pastoral industry and the health of their livestock. Horses owned by the indigenous community are seen grazing on open and unprotected fracking pads. Many of these fracking pads have recorded spills of either fracking fluid, wastewater, or crude oil and pose health risks to the livestock grazing on potentially contaminated grasses and wastewater.
A Western Refining (WPX) crude truck can be seen driving down the community road. These dirt roads were designed to support local community traffic and school buses but are now heavily used by the fracking industry. 90,000-lb gross weight oilfield trucks haul the volatile crude oil through pastoral lands, endangering livestock and community members. Fracking companies continue to level dirt roads to accommodate the weight of their crude trucks. The practice cuts roads deep into the landscape. Roads in Greater Chaco now resemble trenches and make travel dangerous, block scenic views of ancestral land, and hinder the ability to monitor livestock and fracking development.
County: San Juan
Kimbeto Wash/Chaco River
GPS: 36°15’20.46”, -107°41’43.14”
Drone surveys show 3 well heads, crude tanks, and compressors north of Hwy 550 in Nageezi, NM. The location is of importance because it shows how flaring is used to burn off methane caused by fracking and the transportation processes of crude oil. The River Healers droned this site when workers were not present and the flare tower was turned off for safety concerns, but the flame can usually be seen all the way from Hwy 550 tucked into the distinct hills of the Bisti Badlands. Such methane hotspots are of concern because methane causes severe health risks for individuals living near crude oil facilities. NASA has identified two large methane gas clouds in new Mexico. The methane gas is concentrated above fracking occurring in the San Juan Basin and Permian Basin and disproportionately affects the air quality of Greater Chaco, Four Corners Region, Farmington, and South East region of New Mexico.
Two unlined wastewater pits can be seen on the edge of the fracking pad near the well heads and compressors. Erosion caused by water drainage can be seen leading from the well heads and compressor areas directly to the wastewater pits. Drainages can also be seen coming directly out of the waste water pits and going into the Upper Kimbeto Wash, a tributary of the Chaco River. It is illegal for fracking companies to keep fracking wastewater in unlined pits in the state of New Mexico. The River Healers reported this possible water violation to the EMNRD Oil Conservation Division (a state regulatory body for the fracking industry). EMNRD replied that WPX Energy maintains that the wastewater is caused by stormwater runoff and contains no fracking contaminates. This is the first time we have heard of the fracking industry creating stormwater runoff pits and find the practice to be unusual. Further skepticism that these runoff pits are not contaminated comes from research about the site. In June of 2016, WPX Energy reported a spill of 600 gallons of crude oil at this site because of a fire. WPX maintains that no groundwater was impacted and marked the incident as not an emergency.