Oklahoma and Kansas Class II Injection Wells and Earthquakes

By Ted Auch, Great Lakes Program Coordinator, FracTracker Alliance
In collaboration with Caleb Gallemore, Assistant Professor in International Affairs, Lafayette University

The September 3rd magnitude 5.8 earthquake in Pawnee, Oklahoma, is the most violent example of induced seismicity, or “man-made” earthquakes, in U.S. history, causing Oklahoma governor Mary Fallin to declare a state of emergency. This was followed by a magnitude 4.5 earthquake on November 1st prompting the Oklahoma Corporation Commission (OCC) and U.S. EPA to put restrictions on injection wells within a 10-mile radius of the Pawnee quake.

And then on Sunday, November 6th, a magnitude 5.0 earthquake shook central Oklahoma about a mile west of the Cushing Hub, the largest commercial crude oil storage center in North America capable of storing 54 million barrels of crude. This is the equivalent of 2.8 times the U.S. daily oil refinery capacity and 3.1 times the daily oil refinery capacity of all of North America. This massive hub in the North American oil landscape also happens to be the southern terminus of the controversial Keystone pipeline complex, which would transport 590,000 barrel per day over more than 2,000 miles (Fig. 1). Furthermore, this quake demonstrated the growing connectivity between Class II injection well associated induced seismicity and oil transport/storage in the heart of the US version of Saudi Arabia’s Ghawar Oil Fields. This increasing connectivity between O&G waste, production, and processing (i.e., Hydrocarbon Industrial Complex) will eventually impact the wallets of every American.

North American Oil Refinery Capacity, Pipelines, and Cushing, OK

Figure 1. The Keystone Pipeline would transport 590,000 bpd over more than 2,000 miles.

This latest earthquake caused Cushing schools to close. Magellan Midstream Partners, the major pipeline and storage facility operator in the region, also shut down in order to “check the integrity of our assets.” Compounding concerns about induced seismicity, the Cushing Hub is the primary price settlement point for West Texas Intermediate that, along with Brent Crude, determines the global price of crude oil and by association what Americans pay for fuel at the pump, at their homes, and in their businesses.

Given the significant increase in seismic activity across the U.S. Great Plains, along with the potential environmental, public health, and economic risks at stake, we thought it was time to compile an inventory of Class II injection well volumes. Because growing evidence points to the relationship between induced seismicity and oil and gas waste disposal, our initial analysis focuses on Oklahoma and Kansas. The maps and the associated data downloads in this article represent the first time Class II injection well volumes have been compiled in a searchable and interactive fashion for any state outside Ohio (where FracTracker has compiled class II volumes since 2010). Oklahoma and Kansas Class II injection well data are available to the public, albeit in disparate formats and diffuse locations. Our synthesis makes this data easier to navigate for concerned citizens, policy makers, and journalists.

Induced Seismicity Past, Present, and Future

inducedseismicity_figure

Figure 2. Central U.S. earthquakes 1973-August 15, 2015 according to the U.S. Geological Survey (Note: Based on our analysis this exponential increasing earthquakes has been accompanied by a 300 feet per quarter increase in the average depth of earthquakes across Oklahoma, Kansas, and Texas).

Oklahoma, along with Arkansas, Kansas, Ohio, and Texas, is at the top of the induced seismicity list, specifically with regard to quakes in excess of magnitude 4.0. However, as the USGS and Virginia Tech Seismological Observatory (VTSO)[1] have recently documented, an average of only 21 earthquakes of magnitude 3.0 or greater occurred in the Central/Eastern US between 1973 and 2008. This trend jumped to an average of 99 between 2009 and 2013. In 2014 there were a staggering 659 quakes. The exponential increase in induced seismic events can be seen in Figure 2 from a recent USGS publication titled “High-rate injection is associated with the increase in U.S. mid-continent seismicity,” where the authors note:

“An unprecedented increase in earthquakes in the U.S. mid-continent began in 2009. Many of these earthquakes have been documented as induced by wastewater injection…We find that the entire increase in earthquake rate is associated with fluid injection wells. High-rate injection wells (>300,000 barrels per month) are much more likely to be associated with earthquakes than lower-rate wells.”

hydraulic-fracturing-freshwater-demand

Figure 3. Average freshwater demand per hydraulically fractured well across four U.S. shale plays and the annual percent increase in each of those plays.

This trend suggests that induced seismicity is the new normal and will likely increase given that: 1) freshwater demand per hydraulically fractured well is rising all over the country, from 11-15% per year in the Marcellus and Bakken to 20-22% in the Denver and Midland formations, 2) the amount of produced brine wastewater parallels these increases almost 1-to-1, and 3) the unconventional oil and gas industry is using more and more water as they begin to explore the periphery of primary shale plays or in less productive secondary and tertiary plays (Fig. 3).

Oklahoma

The September, 2016, Pawnee County Earthquake

This first map focuses on the September, 2016 Pawnee, OK Magnitude 5.8 earthquake that many people believe was caused by injecting high volume hydraulic fracturing (HVHF) waste into class II injection wells in Oklahoma and Kansas. This map includes all Oklahoma and Kansas Class II injection wells as well as Oklahoma’s primary geologic faults and fractures.

Oklahoma and Kansas Class II injection wells and geologic faults


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Pawnee, Oklahoma 5.8 magnitude earthquake, September, 2016 & Active Class II Injection Wells

Figure 4. The September, 2016 Pawnee, Oklahoma 5.8M earthquake, neighboring active Class II injection wells, underlying geologic faults and fractures.

Of note on this map is the geological connectivity across Oklahoma resulting from the state’s 129 faults and fractures. Also present are several high volume wells including Territory Resources LLC’s Oldham #5 (1.45 miles from the epicenter, injecting 257 million gallons between 2011 and 2014) and Doyle #5 wells (0.36 miles from the epicenter, injecting 61 million gallons between 2011 and 2015), Staghorn Energy LLC’s Hudgins #1 well (1.43 miles from the epicenter, injecting 11 million gallons between 2011 and 2015 into the Red Fork formation), and Cooke Co Production Co.’s Laird #3-35 well (1.41 miles from the epicenter, injecting 6.5 million gallons between 2011 and 2015). Figure 4 shows a closeup view of these wells relative to the location of the Pawnee quake.

Class II Salt Water Disposal (SWD) Injection Well Volumes

This second map includes annual volumes of disposed wastewater across 10,297 Class II injection wells in Oklahoma between 2011 and 2015 (Note: 2015 volumes also include monthly totals). Additionally, we have included Oklahoma’s geologic faults and fractures for context given the recent uptick in Oklahoma and Kansas’ induced seismicity activity.

Annual volumes of class II injection wells disposal in Oklahoma (2011-2015)


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Oklahoma statistics for 2011 to 2015 (Table 1):

  1. Maximum volume to date (for a single Class II injection well): 105,979,598 barrels, or 4,080,214,523 gallons (68,003,574 gallons per month), for the New Dominion, LLC “Chambers #1” well in Oklahoma County.
  2. Total Volume to Date: 10,655,395,179 barrels or 410,232,714,392 gallons (6,837,211,907 gallons per month).
  3. Mean volume to date across the 10,927 Class II injection wells: approximately 975,144 barrels per well or 37,543,044 gallons (625,717 gallons per month).
  4. This map also includes 632 Class II wells injecting waste into the Arbuckle Formation which is believed to be the primary geological formation responsible for the 5.0 magnitude last week in Cushing.

Kansas

Below is an inventory of monthly oil and gas waste volumes (barrels) disposed across 4,555 Class II injection wells in Kansas between 2011 and 2015. This map will be updated in the Spring of 2017 to include 2016 volumes. A preponderance of this data comes from 2015 with a scattering of volume reports across Kansas between 2011 and 2014.

Monthly Class II injection wells volumes in Kansas (2011-2015)


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Kansas statistics for 2015 (Table 1):

  1. Maximum volume to date (for a single Class II injection well): 9,016,471 barrels, or 347,134,134 gallons (28,927,845 gallons per month), for the Sinclair Prairie Oil Co. “H.J. Vohs #8” well in Rooks County. This is a well that was initially permitted and completed between 1949 and 1950.
  2. Total Volume to date: 1,060,123,330 barrels or 40,814,748,205 gallons (3,401,229,017 gallons per month).
  3. Mean volume to date across the 4,555 Class II injection wells: approximately 232,738 barrels per well or 8,960,413 gallons (746,701 gallons per month).

Table 1. Summary of Class II SWD Injection Well Volumes across Kansas and Oklahoma

 

 

Sum Average Maximum
No. of Class II
SWD Wells
Barrels Sum To Date Per Year Sum To Date Per Year
Kansas* 4,555 1.06 BB 232,738 9.02 MB
Oklahoma** 10,927 10.66 BB 975,143 195,029 105.98 MB 21.20 MB

* Wells in the counties of Barton (279 wells), Ellis (397 wells), Rooks (220 wells), Russell (199 wells), and Ness (187 wells) account for 29% of Kansas’ active Class II wells.

** Wells in the counties of Carter (1,792 wells), Creek (946 wells), Pontotoc (684 wells), Seminole (476 wells), and Stephens (1,302 wells) account for 48% of Oklahoma’s active Class II wells.

Conclusion

If the U.S. EPA’s Underground Injection Control (UIC) estimates are to be believed, the above Class II volumes account for 19.3% of the “over 2 billion gallons of brine…injected in the United States every day,” and if the connectivity between injection well associated induced seismicity and oil transport/storage continues to grow, this issue will likely impact the lives of every American.

Given how critical the Cushing Hub is to US energy security and price stability one could easily argue that a major accident there could result in a sudden disruption to fuel supplies and an exponential increase in “prices at the pump” that would make the 240% late 1970s Energy Crisis spike look like a mere blip on the radar. The days of $4.15 per gallon prices the country experienced in the summer of 2008 would again become a reality.

In sum, the risks posed by Class II injection wells and are not just a problem for insurance companies and residents of rural Oklahomans and Kansans, induced seismic activity is a potential threat to our nation’s security and economy.

Downloads

FracTracker Induced Seismicity Infographic (print quality)

Oklahoma Class II SWD Injection Well Annual Volumes 2011 to 2015 (Barrels)

Kansas Class II SWD Injection Well Monthly Volumes 2011 to 2015 (Barrels)

Footnotes

[1] To learn more about Induced Seismicity read an exclusive FracTracker two-part series from former VTSO researcher Ariel Conn: Part I and Part II. Additionally, the USGS has created an Induced Earthquakes landing page as part of their Earthquake Hazards Program.

Sabal Pipeline Map

The Sabal Trail Pipeline: A Sinking Feeling

Construction is underway for a $3.2 billion, 515-mile-long interstate gas pipeline, running from central Alabama, through southwestern Georgia, and deep into Central Florida. The Sabal Trail Pipeline is a project of Duke Energy, NextEra Energy, and Spectra Energy. Spectra is the fossil fuel corporation responsible for other controversial pipelines also under construction – notably the Algonquin Incremental Market (AIM) Project. AIM, the target of ongoing protests in the Hudson Valley (NY) and elsewhere, would run from central New Jersey to ports in the Boston, MA area, passing within a few hundred feet of Indian Point Nuclear Power Plant on the Hudson River.

The Sabal Trail project is touted by Spectra to be crucial to aiding economic development along its route, and fueling gas-fired power generators in the Southeast United States. Environmentalists, however, view the project quite differently. Such development plans rarely come without a cost to communities, and to the environment.

A Unique Geology

Reflecting its geological origins as part of a shallow ancient ocean, the southeastern United States is underlain by porous limestone bedrock, known as karst. Water running through the karst bedrock flows not only through small pores, but often through extensive underground caves. When under under pressure, water can bubble up to the surface in a multitude of freshwater springs throughout the region. It’s not hard to imagine how contamination to the limestone aquifer in one area can spread rapidly and widely.

The karst bedrock, due to the sometimes large voids in its structure, is also prone to the formation of sinkholes, some of which are small; others are large enough to swallow whole buildings. Recognizing these risks, opponents of the Sabal Trail pipeline frequently cite the inherent danger of pipelines bending and rupturing should the ground beneath them give way, leading to potentially dangerous gas leakages or explosions.

One piece of recent research from the University of Georgia maps the prevalence of sinkholes in Doughterty County, GA, one of the many counties the Sabal Trail pipeline would pass through.  For reference, FracTracker has added the path of the pipeline to the Dougherty County map, above.

In the interactive map below, we show the full proposed pipeline route and associated compressor stations. Karst geology, documented sinkholes, and springs near the route of the pipeline are also shown. The double-arrows in the upper right corner of the map will launch a full-screen view of the map, including a map legend. Use the “Layers” dropdown along the top bar of that map to turn on locations of nearby schools and hospitals that could be impacted by a nearby pipeline emergency. In addition, a “Bookmarks” dropdown menu along the same top bar that will allow zooming to locations along the pipeline mentioned in this article.

Map of the proposed Sabal Trail pipeline route, karst geology, and known sinkholes

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Growing Opposition

In October 2015, the United States Environmental Protection Agency (EPA) issued a scathing letter detailing the impacts that the proposed pipeline would have on the Floridan Aquifer, water quality, and ecology in this region of sensitive karst geology. Two months later, however, in mid-December, the EPA suddenly reversed its position. While reasons included an endorsement of industry’s choices to avoid “many of the most sensitive areas” that could be impacted, ABC News has suggested that political favoritism could have played a role, as well.  This video, published on November 24, 2016 by ABC/FirstCoast News, describes that situation, and also includes excellent footage of construction impacts.

Currently, the construction is proceeding. Federal Energy Regulatory Commission (FERC) has granted eminent domain to industry to build the project through seized private property. Although all federal permits for the pipeline construction are in place, a joint lawsuit filed by the Sierra Club, the Gulf Restoration Network, and Flint Riverkeeper has challenged that permitting process. There is opposition to the pipeline in Alabama, Georgia, and Florida–the three states in which construction is occurring.

The video clips below documents the noise associated with the pipeline’s construction, as well as views of the sinkhole terrain along its route.

Sabal Trail gas pipeline noise pollution at the Santa Fe River (Nov. 25, 2016).
Credit: Merrillee on Vimeo.

Sabal Trail gas transmission, at O’Brien (Hildreth) Compressor Station in Northern Florida.
Credit: Merrillee on Vimeo.

Water Protectors

As winter descends on the northern Plains, thousands of indigenous people representing hundreds of tribes, as well as non-Native allies, have gathered in camps near the Sioux Standing Rock Reservation to pray and protest the Dakota Access Pipeline (DAPL), which would drill an oil pipeline through sacred Native lands and under the Missouri River. Participants in this movement are united by the words “Water Is Life” (Mni Wiconi), in recognition of the threats that an oil spill would present to their homeland and the source of drinking water for the tribe. Hundreds of arrests of peaceful protesters have been made there in recent months, many resulting in serious injuries to the protesters as water cannons, rubber bullets, concussion grenades, and attack dogs have been used in efforts to intimidate the activists.

Coordination among First Nations groups against other fossil fuel infrastructure is happening elsewhere, too. For example, in September 2016, at least fifty US and Canadian aboriginal groups signed a treaty, saying they will work together to fight proposals that would bring crude oil from the Alberta tar sands via pipeline, tanker, and rail.

The protests against the Sabal Trail Project are similarly themed to those at Standing Rock, but have not resulted in violence towards protesters thus far. Along the Suwanee River in Florida, peaceful protesters have assembled at the Sacred Waters encampment and, on November 12, 2016, faced off with authorities in an effort to stop pipeline drilling under the Santa Fe River between Branford and Fort White, Florida.  14 people were arrested in that protest. Demonstrations at the site continue, with a dawn march and demonstration that began just after sunrise on November 26th. No arrests were made on that day. Another protest encampment, the Crystal Waters Camp, is also in place near Fort Drum, Florida, where observers noted hydrocarbon releases from the pipeline construction into Fort Drum Creek and destruction of wildlife by a pipeline crew. Still other protests about the potential environmental risks posed by the Sabal Trail have taken place recently in both Orlando and Live Oak, Florida.

Even in the phases of construction, environmentalists in Georgia discovered that the Sabal Trail pipeline had started leaking drilling mud from a pilot hole into the Withlacooche River in late October, and continued to ooze turbid mud for at least three weeks. Environmental advocates from the WWALS (the Withlacoochee, Alapaha, Little, and Upper Suwannee River) Watershed Coalition raised concerns that if a pilot hole could cause such a leakage, what could happen once full-scale directional drilling was occurring?

By Karen Edelstein, Eastern Program Coordinator

The Mississippi Fracking Fight: Saving Forests, Woodpeckers, and the Climate

By Wendy Park, senior attorney with the Center for Biological Diversity

 

If the Bureau of Land Management (BLM) gets its way, large areas of Mississippi’s Bienville and Homochitto national forests will be opened up to destructive fracking. This would harm one of the last strongholds for the rare and beautiful red-cockaded woodpecker, create a new source of climate pollution, and fragment our public forests with roads, drilling pads and industrial equipment. That’s why we’re fighting back.

My colleagues and I at the Center for Biological Diversity believe that all species, great and small, must be preserved to ensure a healthy and diverse planet. Through science, law and media, we defend endangered animals and plants, and the land air, water, and climate they need. As an attorney with the Center’s Public Lands Program, I am helping to grow the “Keep It in the Ground” movement, calling on President Obama to halt new leases on federal lands for fracking, mining, and drilling that only benefit private corporations.

That step, which the president can take without congressional approval, would align U.S. energy policies with its climate goals and keep up to 450 billion tons of greenhouse gas pollution from entering the atmosphere. Already leased federal fossil fuels will last far beyond the point when the world will exceed the carbon pollution limits set out in the Paris Agreement, which seeks to limit warming to 1.5 °C above pre-industrial levels. That limit is expected to be exceeded in a little over four years. We simply cannot afford any more new leases.

Fracking Will Threaten Prime Woodpecker Habitat

In Mississippi, our concerns over the impact of fracking on the rare red-cockaded woodpecker and other species led us to administratively protest the proposed BLM auction of more than 4,200 acres of public land for oil and gas leases the Homochitto and Bienville national forests. The red-cockaded woodpecker is already in trouble. Loss of habitat and other pressures have shrunk its population to about 1% of its historic levels, or roughly 12,000 birds. In approving the auction of leases to oil and gas companies, BLM failed to meet its obligation to protect these and other species by relying on outdated forest plans, ignoring the impact of habitat fragmentation, not considering the effects of fracking on the woodpecker, and ignoring the potential greenhouse gas emissions from oil and gas taken from these public lands. The public was also not adequately notified of BLM’s plans.

 

Mississippi National Forests, Potential BLM Oil & Gas Leasing Parcels, and Red Cockaded Woodpecker Sightings


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Fracking Consequences Ignored

According to the National Forest Service’s 2014 Forest Plan Environmental Impact Statement, core populations of the red-cockaded woodpecker live in both the Bienville and Homochitto national forests, which provide some of the most important habitat for the species in the state. The Bienville district contains the state’s largest population of these birds and is largely untouched by oil and gas development. The current woodpecker population is far below the target set by the U.S. Fish and Wildlife Service’s recovery plan. A healthy and fully recovered population will require large areas of mature forest. But the destruction of habitat caused by clearing land for drilling pads, roads, and pipelines will fragment the forest, undermining the species’ survival and recovery.

red-cockaded_woodpecker_insertNew leasing will likely result in hydraulic fracturing and horizontal drilling. In their environmental reviews, BLM and the Forest Service entirely ignore the potential for hydraulic fracturing and horizontal drilling to be used in the Bienville and Homochitto national forests and their effects on the red-cockaded woodpecker. Fracking would have far worse environmental consequences than conventional drilling. Effects include increased pollution from larger rigs; risks of spills and contamination from transporting fracking chemicals and storing at the well pad; concentrated air pollution from housing multiple wells on a single well pad; greater waste generation; increased risks of endocrine disruption, birth defects, and cardiology hospitalization; and the risk of earthquakes caused by wastewater injection and the hydraulic fracturing process (as is evident in recent earthquakes in Oklahoma and other heavily fracked areas).

Greenhouse Gas Emissions and Climate Change

Oil and gas development also results in significant greenhouse gas emissions from construction, operating fossil-fuel powered equipment during production, reclamation, transportation, processing and refining, and combustion of the extracted product. But BLM and the Forest Service have refused to analyze potential emissions or climate change effects from new leasing. Climate change is expected to worsen conditions for the woodpecker, compounding the harms of destructive drilling practices. Extreme weather events will become more frequent in the Southeast U.S. as temperatures rise. Hurricane Katrina resulted in significant losses of woodpecker habitat and birds in the Mississippi national forests. The Forest Service should be redoubling its efforts to restore and preserve habitat, but instead it is turning a blind eye to climate change threats.

At a time when world leaders are meeting in Morocco to discuss the climate crisis and scientists tell us we already have enough oil and gas fields operating to push us past dangerous warming thresholds, it’s deeply disturbing that the Obama administration continues to push for even more oil and gas leases on America’s public lands. The BLM’s refusal to acknowledge and analyze the effects of fracking on the climate, at-risk species, and their habitat, is not only inexcusable it is illegal. The science is clear: The best way to address catastrophic warming — and protect wildlife — is to keep fossil fuels in the ground.

Photographs for this article were sourced from the U.S. Department of Agriculture fair-use photostream.

Zoning in SW PA map

Oil & Gas Zoning in Southwestern Pennsylvania

Clearing land for shale gas pipeline in PA

A Push For Pipelines

By Bill Hughes, WV Community Liaison

For anyone who even casually follows Marcellus and Utica shale gas exploration and production, such as in the active gas fields of West Virginia or Southwestern PA or Ohio, we know there are many concerns surrounding the natural gas production process. These issues range from air pollution, water consumption and contamination, to waste disposal. We know that, after all well the pad drilling and construction traffic are done, we must also have pipelines to get the gas to compressor stations, processing plants, and to markets in the Eastern United States (and likely Europe and Asia in the near future). Gas companies in Wetzel County, WV, and in neighboring tri-state counties, are convinced that building pipelines – really big pipelines – will be the silver bullet to achieving some semblance of stability and profitability.

Problems With Proposed Pipelines

One of the new, very large diameter (42”) proposed gas pipelines getting attention in the press is the Mountain Valley Pipeline, which will originate in the village of Mobley in eastern Wetzel County, WV and extend Southeast, through national forests and over the Appalachian Mountains into the state of Virginia. Even if the residents of Wetzel County and other natural gas fields are guinea pigs for experiments with hydraulic fracturing, we know how to build pipelines, don’t we? The equipment, knowledge, and skill sets needed for pipeline construction is readily available and commonly understood compared to high pressure horizontal drilling with large volumes of slick water. So, what could go wrong?

I can answer that question first hand from my hayfield in Wetzel County. Almost two years ago, EQT wanted to survey my property for a similar proposed pipeline – this one 30” in diameter, called the Ohio Valley Connector (OVC). The application for this project has now been filed with the Federal Energy Regulatory Commission (FERC). The below map shows a section of the OVC as proposed almost two years ago. The red outlined area is my property. The yellow line shows one proposed pathway of the 30” pipeline that would cross our land. Multiple routes were being explored at first. Were this version approved, it would have gone right through my hayfield and under our stream.

A section of the OVC as proposed almost two years ago.

A section of the OVC as proposed almost two years ago. The red outlined area is my property. The yellow line shows one proposed pathway of the 30” pipeline that would cross our land.

Pipeline opponents express concern about habitat fragmentation, the crossing of pristine streams and rivers, erosion and sedimentation issues, spills, gas leaks, and possible explosions. These are all very valid concerns. But the potential for other logistical errors in the building process – from very simple to potentially serious ones – are also worth consideration. In this article I will use my recent personal experience as a detailed and documented example of how a professionally surveyed location on my property contained an error of almost one mile – over 4,000 feet – as part of a pipeline construction planning project. Yes, you read that right.

Part I: How Did We Get To This Point

Before we get to my story, I should review my first contact with EQT on this issue. In February of 2014, an EQT land agent asked me for permission to walk my property for preliminary evaluation of a route that would send their 30” high-pressure pipe through our land, from south to north.

It is important to keep in mind that almost every landowner in Wetzel County has been contacted by mail, phone or in person, by land agents promising cash with a verbal assurance that all will be well. The goal is to get a landowner’s signature on a loosely worded “right of way” (RoW) lease contract, with terms favorable to the gas company, and move on. Unfortunately, pipeline lease offers cannot be ignored. Not objecting or not questioning can sometime leave the landowner with fewer choices later. This is because many of the bigger interstate transmission lines are being proposed as FERC lines. When final approval is granted by FERC, these pipelines will have the legal power of eminent domain, where the property owner is forced to comply. Just filing a FERC application does not grant eminent domain in West Virginia, as it seems to in Virginia, but the potential for eminent domain gives land agents power over landowners.

I was not ready to give them surveying permission (to drive stakes or other permanent markers). Since a natural gas pipeline would affect all my neighbors, however, I agreed to allow a preliminary walk through my property and to hang surveyor ribbons in exchange for answering my questions about the project. For instance, one of my biggest concerns was the potential for significant habitat fragmentation, splitting up the forest and endangering wildlife habitat.

There are many questions residents should consider when approached by land agent. A list of these questions can be found in the appendix below.

I never did get answers to most of my questions in the few e-mail exchanges and phone conversations with EQT. I never saw the surveyors either. They simply came and left their telltale colored ribbons. Later, at a public meeting an EQT representative said the closest they would run the pipe to any residence would be 37.5 feet. That number is correct. I asked twice. They said they had the right to run a pipeline that close to a residence but would do their best not to. The 37.5 feet is just one half of the permanent RoW of 75 feet, which was also only part of a 125 foot RoW requested for construction. A few months later, a very short e-mail said that the final pipeline route had changed and they would not be on my property. For a time we would enjoy some peace and quiet.

A Word On Surveyors

Most folks can relate to the work and responsibility of bookkeepers or Certified Public Accountants (CPAs). They measure and keep track of money. And their balance sheets and ledgers actually have to, well, BALANCE. Think of Surveyors as the CPAs of the land world. When they go up a big hill and down the other side, the keep track of every inch — they will not tolerate losing a few inches here and there. They truly are professionals, measuring and documenting everything with precision. Most of the surveyors I have spoken with are courteous and respectful. They are a credit to their profession. They are aware of the eminent domain threat and their surveying success depends on treating landowners with respect. They are good at what they do. However, as this article will show, their professional success and precision depends on whether or not they are given the correct route to survey.

Part II: Surveyor Stakes and Flags

Over the next year we enjoyed peace and quiet with no more surveyors’ intrusions. However, in my regular travels throughout the natural gas fields here, countless signs of surveyor activity were visible. Even with the temporary slowdown in drilling, the proposed pipeline installations kept these surveyors busy. Assorted types of stakes and ribbons and markings are impossible to miss along our roads. I usually notice many of the newer surveyor’s flags and the normal wooden stakes used to mark out future well pads, access roads, compressor stations, and more recently pipelines. Given that survey markings are never taken down when no longer needed, the old ones sometimes hide the new ones.

It can be difficult keeping track of all of them and hard at first to identify why they are there. Even if sometimes I am not sure what a stake and flag might indicate, when one shows up very unexpectedly in what is essentially my front yard, it is impossible to not see it. That is what happened in August of 2015. Despite being unable to get our hay cut due to excessive rain the previous month, the colored flags were highly visible. Below shows one of the stakes with surveyor’s tape, and the hay driven down where the surveyors had parked their trucks in my field alongside my access road.

A surveyor stake alongside my access road.

A surveyor stake alongside my access road.

To call it trespassing might not be legally defensible yet. The stakes were, after all, near a public roadway – but the pins and stakes and flags were on my property. Incidents like this, whether intentional or accidental, are what have given the natural gas companies a reputation as bad neighbors. There were surveyors’ stakes and flags at two different locations, my hay was driven down, and I had no idea what all this meant given that I had no communication from anyone at EQT in over 18 months. I consider myself fortunate that the surveyors did not stray into wooded areas where trees might have been cut. It’s been known to happen.

Below shows the two sets of wooden stakes, roughly 70-80 feet apart, with flags and capped steel rebar pins. Both stakes were near the road’s gravel lane, which is a public right of way. Nevertheless, the stakes were clearly on my property. The markings on one side of the stake identify the latitude, longitude, and the elevation above sea level of the point. The other side of the stake identified it as locating the OVC pipeline (seen here as “OVC 6C):

These identifying numbers are unique to this pin which is used to denote a specific type of location called a “control point.” Control points are usually located off to the side of the center-line of the pipeline:

A control point, located off to the side of the center-line of the pipeline.

A control point, located off to the side of the center-line of the pipeline.

It seemed that somehow, without informing me or asking permission to be on my land, EQT had changed their mind on the OVC route and were again planning to run a pipeline through my property. If this was intentional, both EQT and I had a problem. If this was some kind of mistake, then only EQT would have a problem. Either way I could not fathom how this happened. Trespassing, real or perceived, is always a sensitive topic. This is especially true since, when I had initially allowed the surveyor to be on my property, I had not given permission for surveying. Given concerns about eminent domain, I wanted answers quickly. I documented all this with detailed pictures in preparation for contacting EQT representatives in Pittsburgh, PA, with my complaints.

Part III: What Happened & How?

I think it is safe to say that, in light of my well-known activism in documenting all things Marcellus, I am not your average surface owner. I have over 10,000 photographs of Marcellus operations in Wetzel County and I document every aspect of it. Frequently this leads to contacting many state agencies and gas operators directly about problems. I knew which gas company was responsible and I also knew exactly who in Pittsburgh to contact. To their credit, the person I contacted at EQT, immediately responded and it took most of the day to track down what had happen. The short story was that it was all a simple mistake—a 4,300 foot long mistake—but still just a mistake. The long story follows.

The EQT representative assured me that someone would be out to remove their stakes, flags and the steel pins. I told them that they needed to be prompt and that I would not alter or move their property and locating points. The next day, when I got home, the stakes with flags were gone. Just a small bare patch of dirt remained near the white plastic fencepost I had placed to mark the location. However, since I am a cultivated skeptic—adhering to the old Russian proverb made famous by President Reagan, “Trust but Verify”—I grabbed a garden trowel, dug around a bit, and clink, clink. The steel pin had just been driven deeper to look good, just waiting for my tiller to locate someday. I profusely re-painted the pin, photographed it, and proceeded to send another somewhat harsh e-mail to EQT. The pin was removed the next day.

After all the stakes, ribbons, and steel pins were removed, EQT provided further insights into what had transpired. Multiple pipeline routes were being evaluated by EQT in the area. Gas companies always consider a wide range of constraints to pipeline construction such as road and stream crossings, available access roads, permission and cooperation of the many landowners, steepness of terrain, etc. At a certain point in their evaluation, a final route was chosen. But for unknown reasons the surveyor crew was given the old, now abanoned, route on which to establish their control points. The magnitiude of the error can be seen on the map below. The bright blue line is the original path of the OVC pipeline through my property and the red line shows where the FERC filed pipeline route will go. A new control point has now been established near the highway where the pipeline was meant to cross.

The FERC filed OVC pipeline route vs. the accidentally surveyed route.

The FERC filed OVC pipeline route vs. the accidentally surveyed route.

 

Part IV: Lessons To Be Learned

Given the likely impact of many proposed large-diameter, very long, pipelines being planned, it seems useful to examine how these errors can happen. What can we learn from my personal experience with the hundreds of miles of new pipelines constructed in Wetzel County over the past eight years? First, it is important to ask whether or not similar problems are likely to happen elsewhere, or if this was this just an isolated incident. Can we realistically expect better planning on the proposed Mountain Valley Pipeline, which will run for over 300 miles? Can the residents and landowners living along these pipeline RoWs expect more responsible construction and management practices?

In general, many of the pipeline projects with which landowners, such as those in Wetzel County, are familiar with fall into the unregulated, gathering line category. They might be anywhere from six inches in diameter up to sixteen inches. As we review their track record, we have seen every imaginable problem, both during construction and after they were put into operation. We have had gas leaks and condensate spills, hillside mud slips, broken pipes, erosion and sedimentation both during construction and afterwards.

Now for some apparently contradictory assumptions—I am convinced that, for the most part, truck drivers, pipeliners, equipment operators, drilling and fracturing crews, well tenders and service personnel at well sites, all do the best job they can. If they are given the proper tools and materials, accurate directions with trained and experienced supervision, the support resources and the time to do a good job, then they will complete their tasks consistently and proudly. A majority of employees in these positions are dedicated, trained, competent, and hard working. Of course, there are no perfect contractors out there. These guys are human too. And on the midnight shift, we all get tired. In the context of this story, some pipeline contractors are better and more professional than others, some are more experienced, and some have done the larger pipelines. Therefore, despite best intentions, significant errors and accidents will still occur.

The Inherent Contradictions

It seems to me that the fragile link in natural gas production and pipeline projects is simply the weakness of any large organization’s inherent business model. Every organization needs to constantly focus on what I refer to as the “four C’s—Command and Control, then Coordination and Communication—if they are to be at all successful. It is a challenge to manage these on a daily basis even when everyone is in the same big building, working for the same company, speaking the same language. This might be in a university, or a large medical complex, or an industrial manufacturing plant.

But the four C’s are nearly impossible to manage due to the simple fact that the organizational structure of the natural gas industry depends completely on hundreds of sub-contractors. And those companies, in turn, depend on a sprawling and transient, expanding and collapsing, network of hundreds of other diverse and divergent independent contractors. For example, on any given well pad, during the drilling or fracturing process, there might be a few “company” men on site. Those few guys actually work for the gas company in whose name the operating permit is drawn. Everyone else is working for another company, on site temporarily until they are ready to move on, and their loyalty is elsewhere.

In the best of situations, it is next to impossible to get the right piece of information to the right person at just the right time. Effective coordination among company men and contractors is also next to impossible. I have seen this, and listened in, when the drilling company is using one CB radio channel and the nearby pipeline company is using some private business band radio to talk to “their people.” In that case, the pipeline contractors could not talk to the well pad—and it did not matter to them. In other cases, the pilot vehicle drivers will unilaterally decide to use another CB radio channel and not tell everyone. I have also watched while a massive drill rig relocation was significantly delayed simply because a nearby new gas processing plant was simultaneously running at least a hundred dump trucks with gravel on the same narrow roadway. Constant communication is a basic requirement for traffic coordination, but next to impossible to do properly and consistently when these practices are so prevalent.

These examples illustrate how companies are often unable to coordinate their operations. Now, if you can, just try to picture this abysmal lack of command and control, and minimal communication and coordination, in the context of building a 300-mile length of pipeline. The larger the pipeline diameter, and the greater the overall length of the pipeline, the more contractors will be needed. With more contractors and sub-contractors, the more coordination and communication are essential. A FERC permit cannot fix this, nor would having a dozen FERC permits. Unfortunately, I do not envision the four Cs improving anytime soon in the natural gas industry. It seems to be the nature of the beast. If, as I know from personal experience, a major gas company can arrange to locate a surveyed control point 4,300 feet from where it should have been, then good luck with a 300 mile pipeline. Even with well-intentioned, trained employees, massive problems are still sure to come.

The FERC approvals for these pipelines might not be a done deal, but I would not bet against them. So vigilance and preparation will still be of the essence. Citizen groups must be prepared to observe, monitor, and document these projects as they unfold. If massive pipelines like the MVP and OVC are ever built, they should become the most photographed, measured, scrutinized, and documented public works projects since the aqueducts first delivered water to ancient Rome. For the sake of protecting the people and environment of Wetzel County and similar communities, I hope this is the case.

By Bill Hughes, WV Community Liaison, FracTracker Alliance
Read more Field Diary articles.

Appendix: Questions to Ask When Approached by a Land Agent (Landsman)

These questions can be modified to suit your location. The abbreviation “Gas Corp.” is used below to reference a typical natural gas company or a pipeline subsidiary to a natural gas company.  These subsidiaries are frequently called Midstream Companies. Midstream companies build and manage the pipelines, gas processing, and some compressor stations on behalf of natural gas companies.

  1. Please provide a Plain English translation of your landowner initial contract.
  2. What will Gas Corp. be allowed to do, and not allowed to do, short term and long term?
  3. What will Gas Corp. be required to do, and not required to do?
  4. What is the absolute minimum distance this pipeline will be placed away from any dwelling anywhere along its entire length?
  5. What restrictions will there be on the my land after you put in the pipelines?
  6. Who will be overseeing and enforcing any environmental restrictions (erosion and sedimentation, slips, stream crossings, etc.)?
  7.  Who will be responsible for my access road upkeep?
  8. Who will be responsible for long term slips and settlements of surface?
  9. When would this construction begin?
  10. When would all work be completed?
  11. Who would be responsible for long term stability of my land?
  12. Will the pipeline contractor(s) be bound to any of our agreements?
  13. Who are the pipeline contractor(s)?
  14. What will be transported in the pipeline?
  15. Will there be more than one pipe buried?
  16. How wide is the temporary work RoW?
  17. How wide is the permanent RoW?
  18. How deep will the pipeline(s) be buried?
  19. What size pipe will it be; what wall  thickness?
  20. How often will the welds on the individual pipe segments be inspected?
  21. Will there be any above ground pipeline components left visible?
  22. Where will the pipe(s) originate and where will they be going to?
  23. What will the average operating pressure be?
  24. What will the absolute maximum pressure ever be?
  25. At this pressure and diameter, what is the PIR—Potential Impact Radius?
  26. Will all pipeline and excavating and laying equipment be brought in clean and totally free from any invasive species?
  27. How will the disturbed soil be reclaimed?
  28. Will all top soil be kept separate and replaced after pipeline is buried?
  29. Also, After all the above is settled, how much will I be paid per linear foot of pipeline?
Bird’s eye view of a sand mine in Wisconsin. Photo by Ted Auch 2013.

West Central Wisconsin’s Landscape and What Silica Sand Mining Has Done to It

By Ted Auch, Great Lakes Program Coordinator, and Elliott Kurtz, GIS Intern

The Great Lakes may see a major increase in the number of sand mines developed in the name of fracking. What impacts has the area already seen, and does future development mean for the region’s ecosystem and land use?

Introduction

Sand is a necessary component of today’s oil and gas extraction industry for use in propping open the cracks that fracking creates. Silica sand is a highly sought after proppant for this purpose and often found in Wisconsin and Michigan. At the present time here in Ohio our Utica laterals are averaging 4,300-5,000 tons of silica sand or “proppant” with demand increasing by 85+ tons per lateral per quarter.

Wisconsin’s 125+ silica sand mines and processing facilities are spread out across 15,739 square miles of the state’s West Central region, adjacent to the Minnesota border in the Northern Mississippi Valley. These mines have dramatically altered the landscape while generating proppant for the shale gas industry; approximately 2.5 million tons of sand are extracted per mine. The length of the average shale gas lateral well grows by > 50 feet per quarter, so we expect silica sand usage will grow from 5,500 tons to > 8,000 tons per lateral. To meet this increase in demand, additional mines are being proposed near the Great Lakes.

Migration of the sand industry from the Southwest to the Great Lakes in search of this silica sand has had a large impact on regional ecosystem productivity and watershed resilience[1]. The land in the Great Lakes region is more productive, from a soil and biomass perspective; much of the Southwest sandstone geology is dominated by scrublands that have accrue plant biomass at much slower rates, while the Great Lakes host productive forests and agricultural land. Great Lakes ecosystems produce 1.92 times more soil organic matter and 1.46 times more perennial biomass than Southwestern ecosystems.

Effects on the Great Lakes

Quantifying what the landscape looks like now will serve as a baseline for understanding how the silica sand industry will have altered the overall landscape, much like Appalachia is doing today in the aftermath of strip-mining and Mountaintop Removal Mining[2]. West Central Wisconsin (WCW) has a chance to learn from the admittedly short-cited and myopic mistakes of their brethren across the coalfields of Appalachia.

Herein we aim to present numbers speaking to the diversity and distribution of WCW’s “working landscape” across eight types of land-cover. We will then present numbers speaking to how the silica mining industry has altered the region to date and what these numbers mean for reclamation. The folks at UC Berkeley’s Department of Environmental Science, Policy , and Management describe “Working Landscapes” as follows:

a broad term that expresses the goal of fostering landscapes where production of market goods and ecosystem services is mutually reinforcing. It means working with people as partners to create landscapes and ecosystems that benefit humanity and the planet… A goal is finding management and policy synergies—practices and policies that enhance production of multiple ecosystem services as well as goods for the market…Collaborative management processes can help discover synergies and create better decisions and policy. Incentives can help private landowners support management that benefits society.

Methods

We used the 1993 WISCLAND satellite imagery to determine how WCW’s landscape is partitioned and then we applied these data to an updated inventory of silica sand mine boundaries to determine what existed within their boundaries prior to mining. The point locations of Wisconsin’s current inventory of silica sand mines was determined using the “Geocode Address” function in ArcMap 10.2 using the Composite_US Address Locator. Addresses were drawn from mine inventory information originally maintained by the West Central WI Regional Planning Commission (WCWRPC) and now managed by the WI Department of Natural Resources’ Mines, pits and quarries division. Meanwhile current mine extent boundary polygons were determined using one of three satellite data-sets:

  1. 2013 imagery from the USDA National Agriculture Imagery Program (NAIP),
  2. 2014 ArcMap 10.2 World Imagery, and
  3. 2014 Google Satellite.

What We Found

Land Cover Types Replaced by Silica Sand Mining

Sand-LandEffects

Fig 1. Square mileage of various land cover types replaced by silica sand mining in WCW

Thirty-nine percent of the WCW landscape is currently allocated to forests, 43% to agriculture broadly speaking, and 13% is occupied by various types of wetlands. Open waters occupy 2.6% of the landscape with tertiary uses including barren lands (1.3%), golf courses (0.03%), high and low-density urban areas (0.9%), and miscellaneous shrublands (0.6%) (See Figure 1).

Effects by Land Cover Type

Figure 2. Forest Cover in WCW

Fig 2. Forest Cover in WCW

Figure 3. Agricultural Cover

Fig 3. Agricultural Cover

Figure 4. Open Water & Wetland Cover

Fig 4. Open Water & Wetland Cover

Figure 5. Forested Wetland Cover

Fig 5. Forested Wetland Cover

Figure 6. Lowland Shrub Wetland Cover

Fig 6. Lowland Shrub Wetlands

Figure 7. Miscellaneous Cover

Fig 7. Miscellaneous Cover

Figure 2. The wood in these forests has a current stumpage value of $253-936 million and by way of photosynthesis accumulates 63 to 131 million tons of CO2 and has accumulated 4.8-9.8 billion tons of CO2 if we assumed that on average forests in this region are 65-85 years old. Putting a finer point on WCW forest cover and associated quantifiables is difficult because most of these tracts (2.7 million acres) fall within a catchall category called “Mixed Forest”. Pine (2.3% of the region), Aspen (4.7%), and Oak (3.8%) most of the remaining 1.2 million forested acres with much less sugar (Acer saccharum) and soft (Acer rubrum) maple acreage than we expected scattered in a horseshoe fashion across the Northeastern portion of the study area.

Figure 3. Seven different agricultural land-uses occupy 4.3 million WCW acres with forage crops and grasslands constituting 29% of the region followed by 1.4 million acres of row crops and miscellaneous agricultural activities. Additionally, 2% of WI’s 19,700 cranberry bog acres are within the study area generating $4.02 million worth of cranberries per year. The larger agricultural categories generate $3.2 billion worth of commodities.

Figure 4. Nearly 16% of WCW is characterized by open waters or various types of wetlands with a total area of 2,396 square miles clustered primarily in two Northeast and one Southeast segment. Open waters occupy 398 square miles with forested wetlands – possibly vernal pool-type systems – amounting to 5.4% of the region or 841 square miles. Lowland shrub and emergent/wet meadows occupy 540 and 618 square miles, respectively.

Figure 5. Of the nine types of wetlands present in this region the forested broad-leaved deciduous and emergent/wet meadow variety constitute the largest fraction of the region at 1,107 square miles (7.1% of region). Some percentage of the former would likely be defined by Wisconsin DNR as vernal pools, which do the following according to their Ephemeral Pond program. The WI DNR doesn’t include silica sand mining in its list of 14 threats to vernal pools or potential conservation actions, however.

These ponds are depressions with impeded drainage (usually in forest landscapes), that hold water for a period of time following snowmelt and spring rains but typically dry out by mid-summer…They flourish with productivity during their brief existence and provide critical breeding habitat for certain invertebrates, as well as for many amphibians such as wood frogs and salamanders. They also provide feeding, resting and breeding habitat for songbirds and a source of food for many mammals. Ephemeral ponds contribute in many ways to the biodiversity of a woodlot, forest stand and the larger landscape…they all broadly fit into a community context by the following attributes: their placement in woodlands, isolation, small size, hydrology, length of time they hold water, and composition of the biological community (lacking fish as permanent predators).

Figure 6. Broad-leaved evergreen lowland shrub wetlands constitute ≈2.1% of the region or 319 square miles with most occurring around the Legacy Boggs silica mines and several cranberry operations turned silica mines in Jackson County. Meanwhile broad-leaved deciduous and needle-leaved lowland shrub wetlands are largely outside the current extent of silica sand mining in the region occupying 1.9% of the region with 293 square miles spread out within the northeastern 1/5th of the study area.

Figure 7. Finally, miscellaneous land-covers include 200 square miles of barren land, 145 square miles of low/high intensity urban areas including the cities of Eau Claire (Pop. 67,545) and Stevens Point (Pop. 26,670) as well as towns like Marshfield, Wisconsin Rapids, Merrill, and Rib Mountain-Weston. WCW also hosts 3,204 acres (0.03% of region) worth of golf courses which amounts to roughly 21 courses assuming the average course is 157 acres. Shrublands broadly defined occur throughout 0.6% of the region scattered throughout the southeast corner and north-central sixth of the region, with the both amalgamations poised to experience significant replacement or alteration as they are adjacent to two large silica mine groupings.

Producing Mine Land-Use/Land-Cover Change

To date we have established the current extent of land-use/land-cover change associated with 25 producing silica mines occupying 12 square miles of WCW. These mines have displaced 3 square miles of forests and 7 square miles of agricultural land-cover. These forested tracts accumulated 31,446-64,610 tons of CO2 per year or 2.4-4.9 million tons over the average lifespan of a typical Wisconsin forest. These values equate to the emissions of 144,401-295,956 Wisconsinites or 2.5-5.1% of the state’s population. The annual wood that was once generated on these parcels would have had a market value of $126,097-197,084 per year. Meanwhile the above agricultural lands would be generating roughly $1.5-3.3 million in commodities if they had not been displaced.

However, putting aside measurable market valuations it turns out the most concerning result of this analysis is that these mines have displaces 871 acres of wetlands which equals 11% of all mined lands. This alteration includes 158 acres of formerly forested wetlands, 352 acres of lowland shrub wetlands, and 361 acres of emergent/wet meadows. As we mentioned previously, the chance that these wetlands will be reconstituted to support their original plant and animal assemblages is doubtful.

We know that the St. Peter Sandstone formation is the primary target of the silica sand industry with respect to providing proppant for the shale gas industry. We also know that this formation extend across seven states and approximately 8,884 square miles, with all 91 square miles overlain by wetlands in Wisconsin. To this end carbon-rich grasslands soils or Mollisols, which we discussed earlier, sit atop 36% of the St. Peter Sandstone and given that these soils are alread endangered from past agricultural practices as well as current O&G exploration this is just another example of how soils stand to be dramatically altered by the full extent of the North American Hydrocarbon Industrial Complex. The following IFs would undoubtedly have a dramatic effect on the ability of the ecosystems overlying the St. Peter Sandstone to capture and store CO2 to the extent that they are today not to mention dramatically alter the landscape’s ability to capture, store, and purify precipitation inputs.

  • IF silica sand mining continues at the rate it is on currently
  • IF reclamation continues to result in “very poor stand of grass with some woody plants of very poor quality and little value on the whole for wildlife. Some areas may be reclaimed as crop land, however it is our opinion that substantial inputs such as commercial fertilizer as well as irrigation will be required in most if not all cases in order to produce an average crop.”
  • IF the highly productive temperate forests described above are not reassembled on similar acreage to their extent prior to mining and reclamation is largely to the very poor stands of grass mentione above
    • For example: Great Lakes forests like the ones sitting atop the St. Peter Sandstone capture 20.9 tons of CO2 per acre per year Vs their likely grass/scrublands replacement which capture 10.6-12.8 tons of CO2 per acre per year… You do the math!
  • “None two sites are capable of supporting the growing of food. They grow trees and some cover grass, but that is all. General scientific research says that the reclaimed soils lose up to 75% of their agricultural productivity.”

Quote from a concerned citizen:

I often wonder what it was like before the boom, before fortunes were built on castles of sand and resultant moonscapes stretched as far as the eye could see. In the past few years alone, the nickname the “Silica Sand Capital of the World” has become a curse rather than a blessing for the citizens of LaSalle County, Illinois. Here, the frac sand industry continues to proliferate and threaten thewellbeing of our people and rural ecosystem.

Additional Testimonials

References & Resources

  1. The US Forest Service defined Watershed Resilience as “Over time, all watersheds experience a variety of disturbance events such as fires and floods [and mining]. Resilient watersheds have the ability to recover promptly from such events and even be renewed by them. Much as treating forests can make them more resilient to wildfire, watershed restoration projects can improve watershed resilience to both natural and human disturbances.”
  2. Great example: Virginia Tech’s Powell River Project
Bird’s eye view of a sand mine in Wisconsin. Photo by Ted Auch 2013.

Quick Sand: Frack Sand Mining in Wisconsin

Each silica sand mine displaces 871 acres of wetlands and more than 12 square miles of forests and agriculture land in Wisconsin to provide the shale gas industry with fracking proppant.

By Juliana Henao, Communications Intern

Silica sand is used by the oil and gas industry as a way to prop open the fractures made during fracking – and is also referred to as a proppant. The industry’s demand for silica sand is steadily increasing (i.e., 4-5K tons per shale lateral, +86 tons per lateral per quarter), directly affecting the Great Lakes, their ecosystems, and land use. Silica sand is often found in Wisconsin and Michigan, which have felt the effects of increased sand mining demands through altered landscapes, impacted ecosystem productivity, and altering watershed resilience; these impacts will only continue to increase as the demand for silica sand increases.

To better understand frack sand mining’s current and potential effects, FracTracker’s Ted Auch and intern Elliott Kurtz, with generous support from the Save The Hills Alliance, explored mining and land use changes data in West Central Wisconsin (WCW). In their research paper, Auch and Kurtz show the current and future environmental impacts of increased sand mining in WCW in order to supply the oil and gas industry with sand. Not only does this research illustrate what is at risk in the WCW landscape, it also showcases what sand mining has already done to the region.

Key Frack Sand Mining Findings

Land alterations due to silica sand mining in WI

Sixteen percent, or 2,396 square miles, of the West Central Wisconsin (WCW) is made up of wetlands or open waters. These and the other existing WCW landscapes are unquestionably profitable. The forests buffer climate change impacts – to date accumulating between 4.8-9.8 billion tons of CO2 assuming they are 65-85 years old – and have a current stumpage value of $253-936 million.

The 25 producing silica mines in this region occupy 12 square miles of WCW and have already displaced:

  • 3 mi2 of forests
  • 7 mi2 of agricultural land-cover
  • 1.36 mi2 of wetlands (equal to 11% of all mined lands)
    Formerly, these wetlands were one of three types:

    • 18% (158 acres) forested wetlands
    • 41% (353 acres) lowland shrub wetlands, and
    • 41% (361 acres) emergent/wet meadows
Breakdown of the current landscape types near these expanding mines, based on an analysis of satellite imagery

Breakdown of the current landscape types near these expanding mines, based on an analysis of satellite imagery

Why Wisconsin?

There are more than 125 silica sand mines throughout WCW, a stretch of ~16,000 square miles. Previously, the mining industry focused their efforts in Oklahoma and Texas’s Riley, Hickory/Brady, and Old Creek formations, where the land is not as agriculturally or ecologically productive as WCW. Now, more and more mines are being proposed and built in the WCW region. We wanted to determine what this change would mean for such an ecosystem diverse area of Wisconsin – many of which are considered “globally imperiled” or “globally rare” including oak savanna, dry prairies, southern dry-mesic forests, pine barrens, moist cliffs and oak openings.

The St. Peter Sandstone – along with the early Devonian and much smaller Sylvania Sandstone in Southeastern Michigan – is the primary target of the silica sand industry. Carbon-rich grassland soils cover 36% of the St. Peter, where they aid the ecosystem by capturing and sorting 20.9 tons of CO2 per year, as well as purifying precipitation inputs. This ecosystem, amongst many others around sand mining activities, will be dramatically altered if silica sand mining continues at its increasing rate. We will see CO2 capturing levels drop from 20.9 tons to 10.6 tons per acre per year if the highly productive temperate forests are not reassembled and reclaimed to their original acreage, as well as a significant loss (75%) in agricultural productivity on sites that are not reclaimed properly.

Out-of-state mining companies are settling into Wisconsin and displacing the land at a very high rate. As the president of Iowa’s Allamakee County Protectors Ric Zarwell told us by email “Frac sand mining companies do not come from the area where I live.  So efforts to destroy landscapes for frac sand are going to involve Neighbors Opposing Invaders.”

A high demand in silica sand from the shale gas industry will continue to drive this influx of mining companies into WI, providing a potentially collapsed ecosystem in the future. Factors at play include additional – and often much larger – mines under consideration, the average shale gas lateral grows by > 50 feet per quarter, and silica sand usage will grow from 5,500 tons to > 8,000 tons per lateral (i.e., 85 tons per quarter per lateral). Auch and Kurtz’s research paper describes in detail where how much silica sand might be needed in the future, as well as a detailed set of maps depicting land cover and usage in WI.

Organic farms near drilling activity in the U.S. and Ohio

The US Food, Energy, Water Interface Examined
By Ted Auch, Great Lakes Program Coordinator

With the emergence of concerns about the Food, Energy, Water (FEW) intersection as it relates to oil and gas (O&G) expansion, we thought it was time to dig into the numbers and ask some very simple questions about organic farms near drilling. Below is an analysis of the location and quantity of organic farms with heavy drilling activity in Ohio and nationally. Organic farms rely heavily on the inherent/historical quality of their soils and water, so we wanted to understand whether and how these businesses closest to O&G drilling are being affected.

Key Findings:

  1. Currently 11% of US organic farms are within US O&G Regions of Concern (ROC). However, this number has the potential to balloon to 15-31% if our respective shale plays and basins are exploitated, either partially or in full,
  2. 68-74% of these farms produce crops in states like California, Ohio, Michigan, Pennsylvania, and Texas,
  3. Issues such as soil quality, watershed resilience, and water rights are likely to worsen over time with additional drilling.

Methods

To answer this broad question, we divided organic farms in the United States into three categories, depending on whether they were within the:

  1. Core (O&G Wells < 1 mile from each other),
  2. Intermediate (1-3 miles between O&G Wells), or
  3. Periphery (3-5 miles between O&G Wells) of current activity or Regions of Concern (ROC).1

Additionally, from our experience looking at O&G water withdrawal stresses within the largely agrarian Muskingum River Watershed in OH we decided to add to the ROCs. To this end we worked to identify which sub-watersheds (5-10 miles between O&G Wells) and watersheds (10-20 miles between O&G Wells) might be affected by O&G development.

Together, distance from wells and density of development within particular watersheds make up the 5 Regions of Concern (ROCs) (Table 1).

Table 1. Five ROCs under this investigation and what they look like from a mapping perspective

Label Distance Between Wells Mapping Visual
Core < 1 mi  Table1_1
Intermediate 1-3 mi
Periphery 3-5 mi  Table1_2
Sub-Watershed 5-10 mi  Table1_3
Watershed 10-20 mi

We generated a dataset of 19,515 US organic farms from the USDA National Organic Program (NOP) by using the Geocode Address function in ArcGIS 10.2, which resulted in a 100% match for all farms.2

We also extracted soil order polygons within the above 5 ROCs using the NRCS’ STATSGO Derived Soil Order3 dataset made available to us by Sharon Whitmoyer at the USDA-NRCS-NSSC-Geospatial Research Unit and West Virginia University. For those not familiar with soil classification, soil orders are analogous to the kingdom level within the hierarchy of biological classification. Although, in the case of soils there are 12 soil orders compared to the 6 kingdoms of biology.

The National Organic Farms Map

This map shows organic farms across the U.S. that are located within the aforementioned ROCs. Data include certifying agent, whether or not the farm produces livestock, crops, or wild crops along with contact information, farm name, physical address, and specific products produced. View map fullscreen

National Numbers

Figure 1. Total and incremental number of US organic farms in the 5 O&G ROCs.

Figure 1. Total and incremental number of US organic farms in the 5 O&G ROCs.

Nationally, the number of organic farms near drilling activity within specific regions of concern are as follows (as shown in Figure 1):

  • Watershed O&G ROC – 2,140 organic farms (11% of North American organic farms)
  • Sub-Watershed O&G ROC – 1,319
  • Periphery O&G ROC – 752
  • Intermediate O&G ROC – 455
  • Core O&G ROC – 183

Ohio’s Organic Farms Near Drilling

The following key statistics stood out among the analyses for OH’s 703 (3.6% of US total) organic farms. Figures 2 & 3 show how many farms are near drilling activity and injection (disposal) wells in OH. Click the images to view fullsize graphics:

 Figure 2. OH Organic Farms Proximity to Drilling Activity

Figure 2. OH Organic Farms Proximity to Drilling Activity

 Figure 3. OH Organic Farms Proximity to Injection (Disposal) Wells

Figure 3. OH Organic Farms Proximity to Injection Wells

Potential Trends

If oil and gas extraction continues along the same path that we have seen to-date, it is reasonable to expect that we could see an increase in the number of organic farms near this industrial activity. A few figures that we have worked up are shown below:

  • 2,912 Organic Farms in the US Shale Plays (15% of total organic farms)
    • 2,044 Crop Producers, 918 Livestock operations, 41 Wild Crops
  • 6,179 in US Shale Basins (31%)
    • California, 1,334; Colorado 297; Illinois 286; Indiana 334; Iowa 239; Michigan 504; Missouri 118; New York 834; Ohio 510; Pennsylvania 449; Texas 394; Wisconsin 271
    • 4,100 Crop Producers, 1,386 Livestock operations, 61 Wild Crops
  • 1,346 in US Tight Gas Plays (7%)
    • 948 Crop Producers, 434 Livestock operations, 22 Wild Crops
  • 2,754 in US Tight Gas Basins (14%)
    • 2,010 Crop Producers, 875 Livestock operations, 48 Wild Crops

Soils at Risk Due To Shale Activity

Another way to look at these five ROCs when asking how shale gas build-out will interact with and/or influence organic farming is to look at the soils beneath these ROCs. What types of activity do they currently support? The productivity of organic farms, as well as their ability to be labeled “organic,” are reliant upon the health of their soils even more so than conventional farms. Organic farms cannot rely on synthetic fertilizers, pesticides, herbicides, or related soil amendments to increase productivity. Soil manipulation is prohibitive from a cost and options perspective. Thus, knowing what types of soils the shale industry has used and is moving towards is critical to understanding how the FEW dynamic will play out in the long-term. There is no more important variable to the organic farmer sans freshwater than soil quality and diversity.

The soils of most concern under this analysis are the Prairie-Forest Transition soils of the Great Lakes and Plains, commonly referred to as Alfisols, and the Carbon-Rich Grasslands or Mollisols (Figure 4 & 5). The latter is proposed by some as a soil order worthy of protection given our historical reliance on its exceptional soil fertility and support for the once ubiquitous Tall Grass Prairies. Both soils face a second potential wave of O&G development, with a combined 18,660 square miles having come under the influence of the O&G industry within the Core ROC and an additional 58-108,000 square miles in the Intermediate and Periphery ROCs. If the watersheds within these soils and O&G co-habitat were to come under development, total potential Alfisol and Mollisol alteration could reach 273,200 square miles. This collection of soils currently accounts for 43-47% of the Core and Intermediate O&G ROCs and would “stabilize” at 50-51% of O&G development if the watersheds they reside in were to see significant O&G exploration.

Figure 4. Prairie-Forest Transition soil - Courtesy EarthOnlineMedia

Figure 4. Prairie-Forest Transition soil – Courtesy EarthOnlineMedia

Figure 5. Carbon-Rich Grasslands soil - Courtesy USDA’s NRCS

Figure 5. Carbon-Rich Grasslands soil – Courtesy USDA’s NRCS

Figure6_BakkenSoils

Figure 6. The five soil orders within the Bakken Shale formation in Montana and North Dakota.

These same soils sit beneath or have been cleared for much of our wheat, corn, and soybean fields – not to mention much of the Bakken Shale exploration to date (Figure 6, above)

The three forest soil orders (i.e., Spodosol, Ultisol, and Andisol shown in Figures 7-9) account for 9,680-20,529 square miles of the Core and Intermediate O&G ROCs, which is 22 and 17% of those ROC’s, respectively. If we assume future exploration into the Periphery and Watershed ROC we see that forest soils will become less of a concern, dropping to 14-15% of these outlying potential plays, with the same being true for the two Miscellaneous soil types. The latter will decline from 28% to 25% of potential O&G ROCs.

Figure 7. Ultisol, - Courtesy of the University of Georgia

Figure 7. Ultisol – Courtesy of the University of Georgia

Figure 8. Spodosol - Courtesy of the Hubbard Brook Experimental Forest

Figure 8. Spodosol – Courtesy of the Hubbard Brook Experimental Forest

Figure 9. Andisol – Courtesy of USDA’s NRCS

Figure 9. Andisol – Courtesy of USDA’s NRCS

Figure 10. Histosol, - Courtesy of Michigan State University

Figure 10. Histosol, – Courtesy of Michigan State University

If peripheral exploration were to be realized, another soil type will have to fill this gap. Our analysis demonstrates this gap would be filled by either Organic Wetlands or Histosols, which currently constitute <200 and 529 square miles of the Core and Intermediate ROCs, respectively (Figure 10). For so many reasons wetland soils are crucial to the maintenance and enhancement of ecosystem services, wildlife migration, agricultural productivity, and the capture and storage of greenhouse gases. However, if O&G exploration does expand to the Periphery ROC and beyond we would see reliance on wetland soils increase nearly 15 fold (i.e., 16% of Lower 48 wetland soil acreage).

The quality of these wetlands is certainly up for debate. However, what is fact is that these wetlands would be altered beyond even the best reclamation techniques. We know from the reclamation literature that the myriad difficulties associated with reassembling prior plant wetland communities. Finally, it is worth noting that a similar uptick in O&G reliance on arid (i.e., extremely unproductive but unstable) soils is may occur with future industry expansion. These soils will, as a percent of all ROCs, increase from 7% to 9% (i.e. 10-11% of all lower 48 arid soil acreage).

What do these changes mean for the agriculture industry in OH?

If these future O&G exploration scenarios were to play out, we estimate 20-22% of Southern Acidic Forest, Prairie-Forest Transition, Miscellaneous Recent Origin, and Carbon-Rich Grassland soils will have been effected or dramatically altered due to O&G land-use/land-cover (LULC) change nationally (Figure 11). This decline in productivity is likely familiar to communities currently grappling with how to manage a dramatically different landscape post-shale introduction in counties like Bradford in PA and Carroll in OH. The effects that such alteration has had and will have on landscape productivity, wildlife habitat fragmentation, and hydrological cycles is unknown but worthy of significant inquiry.

These questions are important enough to have received a session at Ohio Ecological Food and Farming Association’s (OEFFA) 2015 conference in Granville last month and were deemed worthy of a significant grant to The FracTracker Alliance from the Hoover Foundation aimed at quantifying the total LULC footprint of the shale gas industry across three agrarian OH counties. Early results indicate that every acre of well-pad requires 5.3 acres of gathering lines along with nearly 14 miles of buried pipelines – most of which are beneath high quality wetlands. This study speaks to the potential for 20-30% of the state’s Core Utica Region – or 10-15% of the Expanded Utica Region4 – being altered by shale gas activity.

Figure 11. National distribution of soil types within the 5 ROCs under consideration: 1) Forest Soils, 2) Prairie/Agriculture soils, 3) Organic Wetlands, 4) Miscellaneous soils, 5) Dry Soils.

Figure 11. National distribution of soil types within the 5 ROCs under consideration: 1) Forest Soils, 2) Prairie/Agriculture soils, 3) Organic Wetlands, 4) Miscellaneous soils, 5) Dry Soils.

Figure 11 Description:

  • Forest Soils – Northern and Southern Acidic Forests, Volcanic Forests,
  • Prairie/Agriculture – Prairie-Forest Transition and Carbon-Rich Grasslands,
  • Organic Wetlands
  • Miscellaneous – Recent and Intermediate Origins,
  • Dry Soils – Dry Calcium Carbonite and Clay-Rich Shrink/Swell Clays

Conclusion

The current and potential interaction(s) between the O&G and organic farming industries is nontrivial. Currently 11% of US organic farms are within what we are calling O&G ROCs. However, this number has the potential to balloon to 15-31% if our respective shale plays and basins are exploited, either partially or in full. Most of these (68-74%) are crop producers in states like California, Ohio, Michigan, Pennsylvania, and Texas.

Issues such as soil quality – specifically Prairie-Forest, Carbon Rich Grasslands, and Wetland soils – watershed resilience, and water rights are likely to become of more acute regional concern as the FEW interactions become increasingly coupled. How and when this will play out is anyone’s guess, but its play out is indisputable. Agriculture is going to face many staunch challenges in the coming years, as the National Science Foundation5 wrote:

The security of the global food supply is under ever-increasing stress due to rises in both human population and standards of living world-wide. By the end of this century, the world’s population is expected to exceed 10 billion, about 30% higher than today. Further, as standards of living increase globally, the demand for meat is increasing, which places more demand on agricultural resources than production of vegetables or grains. Growing energy use, which is connected to water availability and climate change, places additional stress on agriculture. It is clear that scientific and technological breakthroughs are needed to produce food more efficiently from “farm to fork” to meet the challenge of ensuring a secure, affordable food supply.

References and Endnotes

  1. The above regions were determined by generalizing a compilation of Oil & Gas wells generated by FracTracker’s Matt Kelso last March: Over 1.1 Million Active Oil and Gas Wells in the US.
  2. An additional 69 organic farms were geo-referenced in Canada and 7,524 across the globe for a similar global analysis to come.
  3. Description of STATSGO2 Database and associated metadata here.
  4. Core Utica Regions include any county that has ≥10 Utica permits to date and Expanded Utica Region includes any county that has 1 or more Utica permits.
  5. By the Mathematical and Physical Sciences Advisory Committee – Subcommittee on Food Systems in “Food, Energy and Water: Transformative Research Opportunities in the Mathematical and Physical Sciences”

11% of organic farms near drilling in US, potentially 31% in future

By Juliana Henao & Samantha Malone, FracTracker Alliance

Currently, 11% (2,140 of 19,515 total) of all U.S. organic farms share a watershed with active O&G drilling. Additionally, this percentage could rise up to 31% if unconventional O&G drilling continues to grow.

Organic farms represent something pure for citizens around the world. They produce food that gives people more certainty about consuming chemical-free nutrients in a culture that is so accustomed to using pesticides, fertilizers, and herbicides in order to keep up with booming demand. Among their many benefits, organic farms produce food that is high in nutritional value, use less water, replenish soil fertility, and do not use pesticides or other toxic chemicals that may get into our food supply. To maintain their integrity, however, organic farms have an array of regulations and an extensive accreditation process.

What does it mean to be an organic farm?

The accreditation process for an organic farm is quite extensive. USDA organic regulations include:

  • The producer must manage plant and animal materials to maintain or improve soil organic matter content in a manner that does not contribute to contamination of crops, soil, or water by plant nutrients, pathogenic organisms, heavy metals, or residues of prohibited substance.
  • No prohibited substances can be applied to the farm for a period of 3 years immediately preceding harvest of a crop
  • The farm must have distinct, defined boundaries and buffer zones, such as runoff diversions to prevent the unintended application of a prohibited substance to the crop or contact with a prohibited substance applied by adjoining land that is not under organic management.

There are additional regulations that pertain to crop pest, weed, and disease standards; soil fertility and crop nutrient management standards; seeds and planting stock practice standards; and wild-crop harvesting practice standards, to name a few. A violation of any one of these USDA regulations can mean a hold on the accreditation of an organic farm.

The full list of regulations and requirements can be found here.

Threats Posed by Oil & Gas

Nearby oil and gas drilling is one of many threats to organic farms and their crop integrity. With a steady expansion of wells, the O&G industry is using more and more land, requiring significant quantities of fresh water, and emitting air and water pollution from sites (both in permitted and unpermitted cases). O&G activity could not only affect the quality of the produce from these farms, but also their ability to meet the USDA’s organic standards.

To see how organic farms and the businesses surrounding wells are being affected, Ted Auch analyzed certain dynamics of organic farms near drilling activity in the United States, and generated some key findings. His results showcase how many organic farms are at risk now and in the future if O&G drilling expands. Below we describe a few of his key findings, but you can also read the entire article here.

Key Findings – Organic Farms Near Oil & Gas Activity

Explore this dynamic map of the U.S. organic farms (2,140) within 20 miles of oil & gas drilling. To view the legend and see the map fullscreen, click here.

Of the 19,515 U.S. organic farms in the U.S., 2,140 (11%) share a watershed with oil and gas activity – with up to 31% in the path of future wells in shale areas. Why look at oil and gas activity at the watershed level? Watersheds are key areas from which O&G companies pull their resources or into which they emit pollution. For unconventional drilling, hydraulic fracturing companies need to obtain fresh water from somewhere in order to frack the wells, and often the local watershed serves as that source. Spills can and do occur on site and in the process of transporting the well pad’s products, posing risks to soils and waterways, as well.

Figure 1, below, demonstrates the number of organic farms near active oil & gas wells in the U.S. – broken down by five location-based Regions of Concern (ROC).

Farm-Chart1

Figure 1: Total and incremental numbers of US organic farms in the 5 O&G Regions of Concern (ROC).

The most at-risk farms are located in five states: California, Ohio, Michigan, Texas and Pennsylvania. Learn more about the breakdown of the types of organic farms that fall within these ROCs, including what they produce.

Out of Ohio’s 703 organic farms, 220 organic farms are near drilling activity, and 105 are near injection (waste disposal) wells.

Conclusion

More and more O&G drilling is being permitted to operate near organic farms in the United States. The ability for municipalities to zone out O&G varies by state, but there is currently no national restriction that specifically protects organic farms from this industrial activity. As the O&G industry expands and continues to operate at such close proximities to organic farms in the US, there are a variety of potential impacts that we could see in the near future. The following list and more is explained in further detail in Auch’s research paper:

  • A complete alteration in soil composition and quality,
  • A need to restore wetland soils that are altered beyond the best reclamation techniques,
  • A dramatic decline in organic farm and land productivity,
  • A changing landscape,
  • Wildlife habitat fragmentation, and
  • Watershed resilience … to name a few.

PA feature image taken by Sara Gillooly, 2013

Shale Gas Development on Public Lands

By Mark Szybist and George Jugovic, Jr., PennFuture Guest Authors

Citizens for Pennsylvania’s Future (PennFuture) and FracTracker Alliance have collaborated to create a unique GIS map that enables the public to investigate how shale gas development is changing the face of our public lands. The map allows viewers to see, in one place:

  • Pennsylvania’s State Forests, Parks and Game Lands;
  • State Forest tracts containing active oil and gas leases;
  • State Forest areas where the oil and gas rights have been “severed” from the surface lands and are owned by third parties;
  • State Forest lands that are to be protected for recreational use under the federal Land and Water Conservation Fund Act;
  • The location of unconventional shale gas wells that have been drilled on State Forest and State Game Lands; and
  • The boundaries of watersheds that contain one or more High Quality or Exceptional Value streams.

The goal of this project was to develop a resource that would highlight the relationship between unconventional shale gas development and public resources that the State holds in trust for Pennsylvania’s citizens under Article I, Section 27 of the Pennsylvania Constitution. It is our hope that the map will be useful to citizens, conservation groups and others in planning educational, advocacy, and recreational activities.

The Public Lands Map


A full screen version of The Public Lands Map can be found here.

Background

Public lands held in trust by the Commonwealth of Pennsylvania for citizens of the state are managed by various state agencies and commissions. The vast majority of State lands, though, are managed by just two bodies – the Department of Conservation and Natural Resources (DCNR) and the Pennsylvania Game Commission (PGC). Under Act 147 of 2012, the Department of General Services has the authority to lease other lands controlled by the state. In recent years, DCNR and the PGC have made liberal use of their powers to lease State lands for oil and gas development.

DCNR: State Forests, State Parks, and Publicly Owned Streambeds

The DCNR manages approximately 2.2 million acres of State Forest lands and 283,000 acres of State Park lands, as well as many miles of publicly owned streambeds. The Conservation and Natural Resources Act (CNRA) authorizes DCNR to develop oil, gas and other minerals under these lands, so long as the state controls those mineral rights. In some cases, separate persons or entities own the surface of the land and mineral rights. Where DCNR does not control the mineral rights, the owners of the oil and gas have the ability to make reasonable use of the land surface for mineral extraction, subject to restrictions in their property deeds.

Before the start of the Marcellus era, the DCNR leased about 153,268 acres of State Forest lands for mineral development. These leases largely allowed the drilling of “conventional” shallow vertical gas wells. Between 2008 and 2010, the DCNR, under Governor Ed Rendell, leased another 102,679 acres of public lands for natural gas development – but this time the leases were for the drilling of horizontal wells in “unconventional” shale formations using high-volume hydraulic fracturing.

Following the lease sale, DCNR published a report on October 26, 2010 that stated any further gas leasing of State Forest Lands would jeopardize the sustainability of the resource. As a result, Governor Rendell signed Executive Order 2010-05, which placed a moratorium on the sale of any additional leases for oil and gas development on lands “owned and managed by DCNR.

On May 23, 2014, Governor Tom Corbett revoked Governor Rendell’s moratorium, and issued a new Executive Order that allowed the issuance of additional leases for gas development beneath State Lands so long as the leases did not entail “additional surface disturbance on State Forest or State Park lands.” Ultimately, Governor Corbett’s DCNR did not enter into any leases under the new Order. However, between January 2011 and January 2015, Governor Corbett’s DCNR did issue leases for gas extraction beneath a number of publicly owned streambeds, which, according to the Post-Gazette, raised $19 million. Governor Corbett’s DCNR also renewed at least one State Forest lease that otherwise would have expired.

On January 29, 2015, Governor Tom Wolf issued another Executive Order on the matter, which re-established a moratorium on the leasing of State Park and State Forest lands “subject to future advice and recommendations by DCNR.” The Order allows for the continued leasing of publicly owned streambeds. As of the publication of this blog, the DCNR is fighting two lawsuits concerning the leasing of the lands it manages, one by the Pennsylvania Environmental Defense Foundation and one by the Delaware Riverkeeper Network.

Drilling in Loyalsock State Forest, PA. Photo by Pete Stern 2013

Drilling in Loyalsock State Forest, PA. Photo by Pete Stern 2013.

PGC: State Game Lands

The PGC manages more than 1.5 million acres of State Game Lands that it may lease for gas development under the Pennsylvania Game and Wildlife Code. The PGC can also exchange mineral rights beneath State Game Lands for “suitable lands having an equal or greater value.” To date, the PGC has entered into surface and non-surface leases (technically, cooperative agreements for the exercise of oil and gas production rights) for natural gas development totaling 92,000 acres, of which about 45,000 acres were leased since 2008.

Land and Water Conservation Fund Act Lands

The LWCF Act is a federal law administered by the National Park Service (NPS) that authorizes federal grants to state and local governments for “outdoor recreation.” When a state accepts money for a recreational project, it agrees to protect the recreational value of the area supported by the grant. If the state later decides to take or allow actions that would “convert” parts of the protected area to a non-recreational use (1) the state must seek prior approval from the NPS, and (2) the NPS must perform an environmental assessment of the proposed conversion under the National Environmental Policy Act. The NPS may approve a conversion of LWCF-supported lands only if those lands will be replaced with “other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location.”

Between 1978 and 1986, Pennsylvania received three LWCF grants (Project Numbers 42-00580, 42-01235, and 42-01351) to support recreational opportunities on State Forest lands. Most of the money was used to improve roads in various State Forests to improve access for hunters, hikers and anglers. The LWCF layer on the Public Lands map represents those areas that Pennsylvania agreed to protect in exchange for these grants.

In 2009 and 2010, Pennsylvania entered into leases opening up about 11,718 acres of LWCF-protected areas to unconventional gas development. On the map, these areas can be highlighted by selecting “Land and Water Conservation Fund Lands” and “SF Lands – DCNR Leases”; the purplish, overlapping areas represent the leased LWCF lands.

Governor Corbett’s DCNR refused to recognize that shale gas development on public lands constituted a “conversion” under the LWCF Act. The Sierra Club was the first to identify this problem in a 2011 letter to the NPS and the DCNR. That letter requested, among other things, that the NPS formally determine the extent to which DCNR leasing of LWCF-protected State Forest lands has violated the LWCF Act. Nearly four years later, the NPS has yet to determine whether drilling and fracking of unconventional gas wells and construction of the necessary support structures constitutes a “conversion” and loss of recreational opportunities under the LWCF Act.

Old Loggers Path

Old Loggers Path, a favorite among hikers

A Note on the Map Layers

The sources of the GIS layers in the Public Lands map are explained in the “Details” section of the map. For the most part, PennFuture and FracTracker obtained or created the layers from public sources and through open records requests to the DCNR. In all cases, the layers came from the DCNR with a disclaimer as to the accuracy of the data and a warning about relying on the data.

GIS layers that are not currently on the map, but that this project hopes to add, include:

  • State Game Lands that have been leased for drilling;
  • State Park and Game Lands where the oil and gas rights have been “severed” and not controlled by the State;
  • Publicly owned streambeds that the State has leased for oil and gas development;
  • Public lands containing areas of significant ecologic value; and
  • Compressor stations, natural gas and water pipelines, and fresh water and wastewater impoundments.

Persons having access to this data are invited to contact PennFuture or FracTracker.