The Captina Creek Watershed straddles the counties of Belmont and Monroe in Southeastern Ohio and feeds into the Ohio River. It is the highest quality watershed in all of Ohio and a great examples of what the Ohio River Valley’s tributaries once looked, smelled, and sounded like. Sadly, today it is caught in the cross-hairs of the oil and gas industry by way of drilling, massive amounts of water demands, pipeline construction, and fracking waste production, transport, and disposal. The images and footage presented in the story map below are testament to the risks and damage inherent to fracking in the Captina Creek watershed and to this industry at large. Data included herein includes gas gathering and interstate transmission pipelines like the Rover, NEXUS, and Utopia (Figure 1), along with Class II wastewater injection wells, compressor stations, unconventional laterals, and freshwater withdrawal sites and volumes.
The image at the top of the page captures my motivation for taking a deeper dive into this watershed. Having spent 13+ years living in Vermont and hiking throughout The Green and Adirondack Mountains, I fell in love with the two most prominent tree species in this photo: Yellow Birch (Betula alleghaniensis) and Northern Hemlock (Tsuga candadensis). This feeling of being at home was reason enough to be thankful for Captina Creek in my eyes. Seeing this region under pressure from the oil and gas industry really hit me in my botanical soul. We remain positive with regards to the area’s future, but protective action against fracking in the Captina Creek Watershed is needed immediately!
Fracking in the Captina Creek Watershed: A Story Map
“The Iroquois…called Pine Creek ‘Tiadaghton’ meaning either ‘The River of Pines’ or ‘The Lost or Bewildered River’.”[i] The river’s iconic watershed in North Central Pennsylvania spans 979 square miles, spanning parts of Clinton, Lycoming, Potter, and Tioga counties, and an infamous 47-mile gorge through which the Pine Creek flows. At 87 miles in length, it is the largest tributary to the West Branch Susquehanna River.[ii]
In 1964, Congress included Pine Creek as one of 27 rivers under study for inclusion in the National Wild and Scenic River System.[iii] Four years later, the US Department of the Interior designated twelve miles of the canyon a National Natural Landmark. In 1992, Pine Creek was recognized as a Pennsylvania Scenic River.[iv] These accolades underscore its vibrant beauty, ecological value, and cultural significance.
A rugged landscape carved into the Allegheny Plateau, the watershed contains extensive public lands and the highest concentrations of exceptional value (EV) and high quality (HQ) streams anywhere in Pennsylvania. It is a prized recreational attraction in the region known as the Pennsylvania Wilds, a destination for nature-based tourism. The area has endured episodes of resource extraction – logging, coal mining, and shallow gas development – but nothing quite the same as the assault from hundreds of new unconventional gas wells and the sprawling pads, pipelines, impoundments, compressor stations, and access roads accompanying such development.
Modern extraction is heavy industry – loud, dusty, and dirty. It is incongruent with the thick forests, sensitive habitats, hushed solitude, and star-drenched skies one expects to experience in many wilderness pursuits. Threats to air, water, and wildlife are manifest. Landscape fragmentation and forest loss are collateral damage. Ecological impacts, while sometimes immediate, are often insidious as they slowly degrade environmental health over time. The Oil and Gas Program of the Pennsylvania Department of Conservation and Natural Resources (DCNR) acknowledged in a 2012 presentation: “…that Marcellus Shale will be a long-term influence on the character of Pennsylvania landscapes.”[v] To what extent remains to be determined.
Writer and conservationist Samuel P. Hayes noted “The Pennsylvania Administrative Code of 1929 identified watershed protection as the primary purpose of the state forests.”[vi] Enduring more than 10 years of fracking history, and with more planned, the Pine Creek watershed is an experiment for this tenent and overdue for the geospatial examination that follows.
According to the NOAA, a watershed is a land area that channels rainfall and snowmelt to creeks, streams, and rivers, and eventually to outflow points such as reservoirs, bays, and the ocean.
A LEGACY OF EXTRACTION
Humans have left their mark on Pine Creek for thousands of years, but the effects of timber and fossil fuel extraction in the last 220 years are most notable. Historical accounts and agency records provide substantial documentation of these impacts.
In 1799, Pine Creek’s first sawmill was set up near the confluence with Little Pine Creek. By 1810, eleven saw mills were in operation. In the next 30 years, that number rose to 145. Pine Creek earned the moniker of “Lumber Capital of the World,” but by the end of the Civil War, the great pine forests along Pine Creek were depleted due to clearcutting. By the end of the Civil War, the great pine forests along Pine Creek were depleted. Underappreciated for lumber, eastern hemlocks remained, but were eventually felled as well, their bark prized for tanning leather. The advent of logging railroads accelerated the forest’s demise. By the first years of the 20th century, the trees were all but gone, “…branches and stumps littered the mountainsides and sparks from locomotives created fires of holocaustal proportions.”[vii]
Sadly, much of the wildlife was gone too. Bounties, market hunting, and habitat loss had taken a toll. The area’s last timber wolf was killed in 1875. The beaver, otter, fisher, martin, lynx, and wolverine were exterminated by the early 1900s. The remaining solitary panthers lasted until the 1930s, then “faded into oblivion.”[viii]
While not often thought of as a part of Pennsylvania’s coal country, the Pine Creek Watershed has seen its share of coal mining and related activity. Coal was first discovered along the Babb Creek portion of the watershed in 1782, and mining operations began in earnest in the 1860s. By 1990, the area was so impacted by mine drainage and other pollution that there were no fish found in Babb Creek. Efforts to rehabilitate the stream have made some progress, raising the pH of the stream and restoring fish populations, to the point where Babb Creek was officially removed from the list of impaired streams in 2016.
Within the watershed’s abandoned mine areas, 68 specific sites totaling nearly 500 acres are flagged as “containing public health, safety, and public welfare problems created by past coal mining.” This represents more than 11% of the total mined area. Only five of these 68 sites – all strip mines – have completed the reclamation process.
Table 1. Problematic coal mine areas in the Pine Creek Watershed
Dry Strip Mine
Flooded Strip Mine
Known Subsidence Prone Area
Coal Processing Settling Basin
OIL & GAS
The oil and gas industry in Pennsylvania started with the Drake Well near Titusville in 1859, before the onset of the Civil War. In the years since, perhaps as many as 760,000 such wells have been drilled statewide.[ix] While the Pennsylvania Department of Environmental Protection (DEP) is the current state agency with regulatory oversight of the industry, it estimates that there could be as many as 560,000 wells drilled that they have no record of in their database. Given the lack of data for these early wells, it is not possible to know exactly how many wells have been drilled in the Pine Creek Watershed.[x]
Over a century ago, pollution was seen as the price to be paid for a job in timbering or mining. Some politicians seem to want a return to those bad old days by gutting some of our reasonable regulations that protect our air and water. Here, as in the rest of the Marcellus gas play, our politicians are not protecting our air and water as mandated in Article 1, Section 27 of our State Constitution.
-Dick Martin Coordinator for the Pennsylvania Forest Coalition and board member of Pennsylvania Environmental Defense Foundation, PEDF
A Wealth of Public Lands & Recreational Opportunity
The Pine Creek Watershed is in the heart of the Pennsylvania Wilds, a 12-county region in North Central Pennsylvania focused on nature-based tourism. “Adventure to one of the largest expanses of green between New York City and Chicago,” touts the initiative’s website.[xi] The area includes over two million acres of public land, and is marketed for its notorious starry skies, quaint towns, large elk herd, and other attractions, like Pine Creek.
The watershed and its trails and public lands contribute substantially to the PA Wilds estate and offerings, including:
1,666 stream miles (187.6 miles Exceptional Value and 1,011.5 miles High Quality)
Eight state parks, spanning 4,713 acres (7.36 sq. miles)
Four state forests, covering 264,771 acres (414 sq. miles)
Eight natural areas
Three wild areas
Seven state game lands, totaling 51,474 acres (80.42 sq. miles)
And 31 trails, traversing 789 miles
These largely remote and rugged spaces are relished for their idyllic and pristine qualities. Modern extraction brings discordant traffic, noise, lights, and releases of pollutants into the air and water. Stream waters – ideal for trout, anglers, and paddlers – are siphoned for the fracturing process. Trails are interrupted by pipelines and access roads. The erosion of outdoor experiences is piecemeal and pervasive.
A recent study lends credence to the concern that shale gas development is incongruent with the region’s ecotourism and recreational goals. “The Impacts of Shale Natural Gas Energy Development on Outdoor Recreation: A Statewide Assessment of Pennsylvanians” found that “only a small population of Pennsylvania outdoor recreationists were impacted by [shale natural gas energy development (SGD)] related activities. In the regions of Pennsylvania where SGD was most prominent (e.g., North Central and Southwest), outdoor recreation impacts were considerably higher.”[xii]
Weak rules favor the gas companies and allow them to waste resources, pollute our air, and destroy our climate. Continued exploitation of our public lands diminishes the value of this common good.
Natural resource extraction in the Pine Creek Watershed did not stop with timber, coal, and traditional oil and gas. The drilling landscape in Pennsylvania changed dramatically around 2005, as operators began to develop the Marcellus Shale, a carbon-rich black shale that had eluded the industry for decades, because the rock formation was reluctant to release the large quantities of gas trapped within it. Based on successes in other shale formations, the Marcellus began to be drilled with a combination of horizontal drilling and high volume hydraulic fracturing – now using millions of gallons of fluids, instead of tens of thousands – and built upon multi-acre well pads. Operators were successful in releasing the gas, and this type of well, known as “unconventional” drilling, took off in vast swaths of Pennsylvania. Similar techniques were extended to other formations, notably the Utica shale formation.
The map below shows the cumulative footprint of extractive practices in Pine Creek, with the exclusion of timber.
In 2018, unconventional wells in the Pine Creek Watershed produced 203 billion cubic feet of gas, which is more than the entire state of West Virginia consumed in 2017, not including electricity generation. To get all of that gas to market requires an extensive network of pipelines, and multi-acre compressor stations are required to push the gas through those pipes.
Pipeline data for the region, largely based on the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) public pipeline viewer map, includes over 85 miles of pipelines in the watershed. However, this data does not include any of the gathering lines that crisscross the watershed, connecting the drilling sites to the midstream network.
Among other concerns, gas pipelines need to be placed in areas where they will not be impacted by tree roots, and so operators clear a 50-foot wide right-of-way, at minimum. This width results in the clearing of more than 6 acres per linear mile of pipe, which would be a total of 515 acres for the known pipeline routes in the region. However, the 50-foot width is a minimum, and some rights-of-way exceeding 300 feet were observed in the watershed, which would require the clearing of more than 36 acres per linear mile. These land clearing impacts are in addition to those required for well pads, access roads, and other infrastructure.
Many of the compressor stations in the Pine Creek Watershed are considered major pollution sources, and therefore require a Title V permit from the US Environmental Protection Agency (EPA). This means that they either produce at least 10 tons per year of any single hazardous air pollutant, or at least 25 tons of any combination of pollutants on the list.
Missing pipeline data is evidenced by FracTracker’s records of many compressor stations that are not along documented pipeline routes. Of the 26 compressors in the watershed that we have records for, only six are within 250 meters of known pipeline routes. Similarly, only 29 of the 594 drilled unconventional wells in the watershed are within the quarter-kilometer radius of known pipeline routes. One way or another, all compressors and well sites have to be connected to pipelines.
Table 2. Oil & Gas Well Status in the Pine Creek Watershed
Oil & Gas Well Status
# of Wells
Operator reported not drilled
Proposed but never materialized
The PA DEP has records for 1,374 oil and gas wells within the watershed, although not all of these were actually drilled. Of these wells, 404 wells have an official status of “operator reported not drilled,” while an additional 111 have a similar status of “proposed but never materialized.” Of the remaining 859 wells, 554 are currently considered active (including 25 conventional and 529 unconventional wells). An active status is given once the well is proposed — even before it is officially permitted by DEP, let alone drilled. The status remains until some other status applies.
Seventy-four wells are considered to be “regulatory inactive” (four conventional, 71 unconventional), meaning that the well has not been in production for at least a year, and must meet several other requirements. The remainder of the wells in the watershed have reached the end of their functional life, of which 168 have been plugged (119 conventional, 49 unconventional). This is done by filling the well bore with concrete, and is considered permanent, although the plugs have been known to fail from time to time. Fifty-seven additional conventional wells are considered abandoned, meaning that they are at the end of their useful life but have not been appropriately plugged, neither by the operator nor DEP. Five additional conventional wells are considered to be orphaned, which is a similar status to abandoned, but these wells are no longer linked to an operator active in the state. Given the lack of recordkeeping in the early part of the industry’s history in PA, the number of plugged, abandoned, and orphaned wells in the Pine Creek Watershed is likely significantly underrepresented.
Conventional drilling activity has essentially ceased in the watershed. A single well categorized as conventional, the Bliss 3H well, has been drilled in 2019. In fact, this well is almost certainly miscategorized. Not only does its well name follow conventions for horizontal unconventional wells, but the DEP’s formation report indicates that it is in fact drilled into the Marcellus Shale. Prior to Bliss 3H, the two most recent conventional wells were drilled in 2011.
Unconventional drilling is a different story altogether. In terms of the number of wells drilled, the peak within the Pine Creek Watershed was in 2011, with 186 wells drilled. That represented 9.5% of the statewide total that year, and Pine Creek is just one of 35 comparably sized watersheds targeted for unconventional development in Pennsylvania.
More recently, there were 16 wells drilled in the watershed in 2018, and 17 wells through the halfway point of 2019, indicating that the extraction efforts are once again on the upswing.
Table 3. Number of unconventional wells drilled in Pennsylvania and the Pine Creek Watershed
PINE CREEK WATERSHED
On May 9, 2019, nearly two dozen people descended upon the Pine Creek Watershed for the purpose of chronicling the impacts that the oil and gas industry is currently wreaking on the landscape. The documentation began early in the morning at the William T. Piper Memorial Airport in the town of Lock Haven, located in Clinton County. FracTracker Alliance organized the blitz with numerous partner organizations, including EarthWorks, Sierra Club, Save Our Streams PA, Responsible Drilling Alliance, Pennsylvania Forest Coalition, Environeers, Pine Creek Headwaters Protection Group, and Lebanon Pipeline Awareness.
The massive watershed was broken up into 10 impact zones, which were mostly determined by concentrations of known sites such as well pads, compressor stations, retention ponds, and pipeline corridors.
Some people brought cameras and specialized equipment to Pine Ceek, such methane sensors and global positioning system devices. Participants were encouraged to try out the FracTracker Mobile App, which was designed to allow users to communicate and share the location of oil and gas concerns. Earthworks brought a FLIR infrared camera, which can capture volatile organic compounds and other pollutants that are typically invisible to the human eye, but that still pose significant risks to health and the environment. Others participants brought specialized knowledge of oil and gas operations from a variety of perspectives, from those who had previously interacted with the industry professionally, to those who have been forced to live in close proximity of these massive structures for more than a decade.
While we knew that it would not be possible to photograph every impact in the watershed, the results of this group effort were tremendous, including hundreds of photos, dozens of app submissions, and numerous infrared videos. All of these have been curated in the map above. In our exuberance, we documented a number of facilities that wound up not being in the Pine Creek Watershed – still impactful but beyond the scope of this project. In some cases, multiple photos were taken of the same location, and we selected the most representative one or two for each site. Altogether, the map above shows 22 aerial images, 84 app submissions, 46 additional photos, and nine infrared FLIR videos.
FracTracker also collaborated with a pilot from LightHawk, a nonprofit group that connects conservation-minded pilots with groups that can benefit from the rare opportunity to view infrastructure and impacts from the air. Together, LightHawk and FracTracker’s Ted Auch flew in a mostly clockwise loop around the watershed, producing the aerial photography highlighted in this article, and in the map below.
The benefits of being able to see these impacts from the air is incalculable. Not only does it give viewers a sense of the full scope of the impact, but in some cases, it provides access to sites and activities that would otherwise be entirely occluded to the public, such as sites with active drilling or hydraulic fracturing operations, or when the access roads are behind barriers that are posted as no trespassing zones.
It can be difficult to maintain a sense of the massive scale of these operations when looking at aerial images. One thing that can help to maintain this perspective is by focusing on easily identifiable objects, such as nearby trees or large trucks, but it is even more useful to cross-reference these aerial images with those taken at ground level.
Water – A Precious Resource
Drilling unconventional wells requires the use of millions of gallons of water per well, sometimes as high as 100 million gallons. Unconventional drilling operations in Pennsylvania are required to self-report water, sand, and chemical quantities used in the hydraulic fracturing stage of well production to a registry known as FracFocus. Because of this, we have a pretty good idea of water used for this stage of the operation.
This does not account for all of the industry’s water consumption. The amount of water required to maintain and operate pipelines, compressor stations and other processing facilities, and to suppress dust on well pads, access roads, and pipeline rights-of-way is unknown, but likely significant. Much of the water used for oil and gas operations in this watershed is withdrawn from rivers and streams and the groundwater beneath the watershed.
Table 3. Water consumption by well in the Pine Creek Watershed
EQUIVALENT PERSONS (ANNUAL USAGE)
Average Single Well
Maximum Single Well
All Wells (2013-2017)
There are 60 water-related facilities for oil and gas operations active within the watershed in 2019, including two ground water withdrawal locations, 20 surface water withdrawal locations, and 38 interconnections, mostly retention ponds. This dataset does not include limits on the 22 withdrawal locations, however, one of the surface withdrawal sites was observed with signage permitting the removal of 936,000 gallons per day. If this amount is typical, then the combined facilities in the watershed would have a daily capacity of about 20.6 million gallons, which is about 27 times the daily residential consumption within the watershed.
Predictably, water withdrawals ebb and flow with fluctuations in drilling activity, with peak consumption exceeding 1.2 billion gallons in the three-month period between April and June 2014, and an aggregate total of nearly 20.4 billion gallons between July 2008 and December 2016. It is not known what fraction of these withdrawals occurred in the Pine Creek Watershed.
Between October 22, 2007, and April 24, 2019, the Pennsylvania DEP issued 949 violations to unconventional oil and gas operations within the Pine Creek Watershed.[xiii] It can be difficult to know precisely what happened in the field based on the notations in the corresponding compliance reports. For example, if an operator failed to comply with the terms of their erosion and sediment control permit, it is unclear whether there was a sediment runoff event that impacted surface waters or not. However, as these rules were put into place to protect Pennsylvania’s waterways, there is no question that the potential for negative water impacts exists. Therefore, erosion and sedimentation violations are included in this analysis.
Other violations are quite explicit, however. The operator of the Hoffman 2H well in Liberty Township, Tioga County was cited for failing to prevent “gas, oil, brine, completion and servicing fluids, and any other fluids or materials from below the casing seat from entering fresh groundwater,” and failing to “prevent pollution or diminution of fresh groundwater.” A well on the Tract 007 – Pad G well pad was left unplugged. “Upon abandoning a well, the owner or operator failed to plug the well to stop the vertical flow of fluids or gas within the well bore.”
The violation description falls into more than 100 categories for sites within the watershed. We have simplified those as follows:
Table 4. Oil and gas violations in the Pine Creek Watershed
Casing / Cement Violation
Clean Streams Law Violation
Erosion & Sediment
Failed to Control / Dispose of Fluids
Failure to Comply With Permit
Failure to Plug Well
Failure to Prevent Pollution Event
Failure to Protect Water Supplies
Failure to Report Pollution Event
Failure to Restore Site
Industrial Waste / Pollutional Material Discharge
Rat Hole Not Filled
Residual Waste Mismanagement
Restricted Site Access to Inspector
Site Restoration Violation
Unmarked Plugged Well
Unpermitted Residual Waste Processing
Waste Analysis Not Completed
Water Obstruction & Encroachment
Altogether, 816 out of the 949 violations (86%) issued in the Pine Creek Watershed were likely to have an impact on either surface or ground water in the region. Two sites have more than 50 violations each, including the Phoenix Well Pad, with 116 violations in Duncan Township, Tioga County, and the Bonnell Run Hunting & Fishing Corp Well Pad in Pine Township, Lycoming County, with 94 violations.
When things go wrong with oil and gas operations, it is often residents in the surrounding areas that are exposed to the impacts. There are limited actions that affected neighbors can take, but one thing that they can do is register a complaint with the appropriate regulatory agency, in this case the Pennsylvania DEP.
A thorough file review was conducted by Public Herald for complaints related to oil and gas operations in PA, yielding 9,442 complaints between 2004 and 2016. While this includes all oil and gas related complaints, Public Herald’s analysis show that the frequency is highly correlated with the unconventional drilling boom that occurred within that time frame, with the number of new wells and complaints both peaking in 2011.
Many of these complaints occurred in the Pine Creek Watershed. It is impossible to know the exact number, as the precise location of the events was redacted in the records provided by DEP. Most of the records do include the county and in some cases, the municipality. Altogether, there were complaints in 32 municipalities that are either partially or entirely within the watershed, for a total of 185 total complaints. Of those, 116 of (63%) specifically indicate water impacts, spread out over 25 municipalities throughout the watershed.
Additional complaints with unspecified municipalities were received by DEP in Lycoming County (n=4), Potter County (n=4), and Tioga County (n=3). These counties substantially overlap with the Pine Creek Watershed, but the data is unclear as to whether or not these impacts were noted within the watershed or not.
It is worth remembering that complaints are dependent upon observation from neighbors and other passersby. As Pine Creek is composed of rugged terrain with vast swaths of public land, it is relatively sparsely populated. It is likely that if these drilling sites were placed in more densely populated areas, the number of complaints related to these operations would be even higher.
“It was 2007, and my water well was fine. I mean, I didn’t have any problem with it. I was cooking, drinking, bathing with it and everything else. Well, then after they drilled I thought it was kind of…it didn’t taste like it did before.”[xiv]
– Judy Eckhart
A Waste-Filled Proposition
Since the Pine Creek Watershed has been the site of considerable oil and gas extraction activity, it has also been the site of significant quantities of waste generated by the industry, which is classified as residual waste in Pennsylvania. This category is supposedly for nonhazardous industrial waste, although both liquid and solid waste streams from oil and gas operations pose significant risks to people exposed to them, as well as to the environment. Oil and gas waste is contaminated with a variety of dangerous volatile organic compounds and heavy metals, which are frequently highly radioactive. There are also a large number of chemicals that are injected into the well bore that flow back to the surface, the content of which is often kept secret, even from workers who make use of them onsite.
There were 37 sites in the Pine Creek Watershed that accepted liquid waste between 2011 and 2018. Of these sites, 30 (81%) were well pads, where flowback from drilling may be partially reused. While this reduces the overall volume of waste that ultimately needs to be disposed of, it frequently increases the concentration of hazardous contaminants that are found in the waste stream, which can make its eventual disposal more challenging. Most of the sites that accept waste do reuse that waste. However, the largest quantity of waste are from the remaining seven sites.
Table 5. Disposal of liquid gas waste in the Pine Creek Watershed
Reuse at Well Pads
One single site – the Hydro Recovery LP Antrim Facility in Pine Township, Lycoming County – accounted for the majority of liquid waste disposed in the watershed, with 6,622,255 barrels (278,134,704 gallons.) has This amounts to 98.8% of all liquid waste that was not reused at other well pads.
Wastewater is also spread on roads in some communities, as a way to suppress dust on dirt roads. 3,001 barrels (126,050 gallons) of liquid waste have been used for road spreading efforts in regions intersecting the watershed in Ulysses Township, Potter County, and across private lots and roads throughout Potter and Tioga counties. Note that these figures include waste generated from conventional wells, which have different legal requirements for disposal than waste from unconventional wells, despite a similar chemical profile.
There are three facilities that have accepted solid oil and gas waste in the watershed, including a small one operated by Environmental Products and Services of Vermont (55 tons), Hydro Recovery LP Antrim Facility (10,415 tons), and Phoenix Resources Landfill (900,094 tons). This includes 200,808 tons in 2018, which is close to the previous peak value of 216,873 tons accepted in 2012.
Figure 1. Tons of solid O&G waste accepted at the Phoenix Resources Landfill
Recap: How has a decade of fracking impacted the Pine Creek Watershed?
1,374 recorded oil and gas wells in the watershed
554 are currently considered active
including 25 conventional and 529 unconventional wells
949 violations to unconventional oil and gas operations within the Pine Creek Watershed, 86% of which were likely to have an impact on either surface or ground water
185 complaints in 32 municipalities that are either partially or entirely within the watershed
A minimum of 515 acres cleared for the known gas pipeline routes in the region
26 compressor stations in the watershed
850,648,219 gallons of water used to frack wells in the watershed between 2013-2017
60 water-related facilities for oil and gas operations active within the watershed active in 2019, including two ground water withdrawal locations, 20 surface water withdrawal locations, and 38 interconnections (mostly retention ponds)
37 sites in the Pine Creek Watershed that accepted liquid waste between 2011 and 2018
And When It’s Over?
In the last ice age, glaciers came from the finger lakes area into Pine Creek. This made the soil there very deep and rich– in fact, people come from all over to study that soil. The Pine Creek area could be a mecca for sustainable agriculture. There is great soil, excellent water, and plenty of space for wind and solar. Under the right leadership, this region of Pennsylvania could feed people in a time when climate resilience is so urgently needed.
–Melissa Troutman, Research & Policy Analyst, Earthworks. Director of “Triple Divide.” Journalist, Public Herald
The Pine Creek region retains a primeval grandeur – an alluring wild spirit of great pride and significance to our state. Natural gas development has – and will further – compromise the natural and experiential qualities of this special place. For the benefit of Pennsylvanians today and tomorrow, extraction must be replaced by cleaner forms of energy and conservation values made preeminent.
The Pine Creek Watershed in Pennsylvania’s Susquehanna River Basin has seen more than its fair share of industrial impacts in the centuries since European contact, from repeated timber clearcutting, to coal extraction, to the development of unconventional oil and gas resources in the 21st century. Despite all of this, Pine Creek remains one of the Commonwealth’s natural gems, a cornerstone of the famed Pennsylvania Wilds.
Many of the impacts to the watershed could be thought of as temporary, in that they would likely stop occurring when the oil and gas developers decide to pack up and leave for good. This includes things like truck traffic, with all of the dust and diesel exhaust that accompanies that, pollution from compressor stations and leaky pipe junctions, and even most surface spills.
And yet in some ways, the ability of the land to sustain this industry becomes substantially impaired, and impacts become much more prolonged. Consider, for example, that prior logging efforts have permanently changed both the flora and fauna of the region. Similarly, while there is no more active coal mining in Pine Creek, almost 500 acres of sites deemed to be problematic remain, and some streams impacted by contaminated runoff and mine drainage have yet to return to their former pristine state, even decades later.
Unconventional drilling in the watershed will have similarly permanent impacts. While there is a legal threshold for site restoration, these multi-acre drill sites will not resemble the heavily forested landscape that once stood there when they reach the end of their useful life. Access roads and gathering lines that crisscross the landscape must be maintained until all well pads in the area are out of service, and then the aging infrastructure will remain in situ. Contaminated groundwater supplies are likely to take centuries to recover, if it is even possible at all.
Thousands of feet of rock once separated the unconventional formations from the surface. That distance was a barrier not just to the gas, but also to salty brines, toxic heavy metals, and naturally occurring radioactive materials that are present at those depths. To date, 593 holes have been drilled in the Pine Creek Watershed, creating 593 pathways for all of these materials to move to the surface. The only things keeping them in place are concrete and steel, both of which will inevitably fail over the course of time, particularly in the highly saline environment of an old gas well.
Even if the industry were to leave today and properly plug all of the wells in the Pine Creek Watershed, impacts from the drilling are likely to remain for many years to come.
[xiii]Pennsylvania Department of Environmental Protection. Oil and Gas Compliance Report Viewer. 2019. http://www.depreportingservices.state.pa.us/ReportServer/Pages/ReportViewer.aspx?/Oil_Gas/OG_Compliance
All aerial photography by TedAuch with flight support by LightHawk (May 2019).
Pine Creek compressor station FLIR camera footage by Earthworks (May 2019).
Project funding provided by:
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2019/07/DSC_0624_LowRes.jpg29444496Shannon Smithhttps://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2019/10/Fractracker-Color-Logo.jpgShannon Smith2019-08-07 09:36:032020-03-20 17:32:33Wildness Lost - Pine Creek
Guest blog byChristine Yellowthunder, an environmental activist, tree farmer, and poet
Most people living in Wisconsin, Minnesota and Iowa have increased their knowledge over the past six years regarding the fracking destruction occurring across the country. The horror of fracking damages to life and land remain in the minds of most people who live near the massive land destruction from silica sand mining for what the unconventional oil and gas industry lovingly calls “proppant”.
Very often, we in the Midwest wonder if the rest of the country knows that this specialized form of silica sand mining destroys our rolling hills, woodlands, and water sources in order for silica sand to feed the fracking industry’s insatiable proppant demand.
Those of us who live in the direct path of this unhealthy silica sand mining need to make our stories known.
Bridge Creek Town, Wisconsin
The quiet abundance of life on an 80-acre tree farm in Wisconsin, fed by natural springs and wetlands, has nurtured every dream this prairie-raised transplant could conceive in the last 30 years. Six years of vigilance and rational debate has led to loss on every front when addressing the local government’s permitting of silica sand mines and its health and safety impacts on the community.
The largest sand mine in Bridge Creek Town lies one mile north of our tree farm. Two years ago, 40 acres of trees were culled for the installation of high intensity power lines to feed anticipated silica sand mine expansion under the legal provision of “Right-of-Way.” That document was signed by a previous land owner in 1948. No specific amount of land was specified on the original right-of-way, thus allowing significant legal destruction and permanent loss against the farm.
However, from a tree farm owner’s perspective, we have seen the variety and number of wildlife species increase at our farm over the past six years – likely because these species view our farm as an oasis, or what ecologists call a refugium, in an otherwise altered mixed-use landscape. The maximum capacity of the tree farm as a wildlife sanctuary is unknown. The adjacent silica Hi-Crush sand mine depletes the hillsides and woodlots in its path.
Frac sand mine in Eau Claire County, WI
Hi-Crush Partners LP’s frac sand mine
The weekly blasting away of the hillsides sends shock waves – shaking homes and outbuildings weekly, along with our nerves. Visible cracks appear in the walls of buildings, and private wells are monitored for collapse and contamination. The sand mine only guarantees repair to property lying within a half-mile of the mine. The mine blasts the land near Amish schools and has had a noticeable effect on the psyche of countless farm animals. The invisible silica is breathed by every living thing much to the mine’s denial, with deadly silicosis appearing up to 15 years after initial exposure. Our community is left to wonder who will manifest the health effects first. Blasting unearths arsenic, lead, and other contaminants into private wells and into the remaining soil.
There has been no successful reclamation of the land after it is mined, with most residents wondering what the actual point is of developing a reclamation plan is if timely implementation and stringent reclamation metrics are not enforced. All useful topsoil has been stripped away and is dead with the land only able to support sedge grasses and very few of them at best. No farming on this mined land can occur even though these mining companies promise farm owners that when they are done mining, soil productivity will meet or exceed pre-mining conditions and much milder slopes than the pre-mining bluffs that contained the silica sand. Needless to say, land values of homes, farms, and property decrease as the mines creeps closer.
Explore photos of Hi-Crush Partner’s frac sand mine:
The people of Bridge Creek
Bridge Creek, as well as many other towns, have been easy picking for the mines. Many towns are unzoned, having little industry, a meager tax base, and a huge land area for a very sparse population. The unemployment and underemployment rates are quite high. Many residents in Bridge Creek farm, including a very large population of Amish who own a checkerboard of land used for farming and saw mills. Most of these Amish families arrived here from Canada and bought farms when the mid 80’s drought put small farms up for sale. The Amish community seldom votes, and their strong religious beliefs prevent them from taking a stand on any political issues.
Video of contaminated well water an Amish farm in Augusta, WI near frac sand mining
Scroll to the end of the article to explore more impacts to the Amish community
The original residents of this land, the Ho-Chunk people, are few in number and wish to protect their home lands that they had purchased back from the government.
Furthermore, a significant number of artists live in this community and have chosen to keep their homes and studios in anonymity. Thus, it is very difficult to amass any unity among this diverse population to stand up to the local government. Many long-time residents have the attitude that you can’t stop “progress.” I wonder if they know that this kind of progress kills the future?
Broken promises made by the mining company for jobs and huge payments to the initial land sellers have divided families and the community. Even though the mining boom was sold as a job provider, few locals are employed by the mines. There is little faith that the local government will provide for the safety and well being of its residents. Presentation of research, facts regarding aquifer endangerment and silica sand health risks, and proposals written in detail outlining potential protective ordinances have cost citizens, including myself, enormous amounts of time and money. The government responses remain the same. The sand mines have been allowed to continue destruction of the natural resources to no one’s benefit except for the enormous profits lining the coffers of the mining corporations.
Today, after six years of continuous silica sand mining moving ever closer, I can no longer fight logically and linearly to eliminate the greed, injustice, and usurped power head on. I fight land destruction as a different warrior.
I choose to protect this land and wood by nurturing its existence through planting more native trees, educating others to the wisdom and wonder of nature, by photo journaling the struggle for its survival and documenting this land’s story so that future citizens will know the truth. Moreover, I will continue to spread the message loud and long: stopping the silica sand mining will stop fracking.
These efforts may be the best that I can manage with a grieving heart. A fierce spirit will continue to share this story and those of others living in the Midwest where the silica sand laden hills roll under the top soil of our lives.
Christine Yellowthunder is an environmental activist of Lakota heritage and is also a tree farmer and poet. She lives on her farm with her husband Ralph Yellowthunder, a Ho-Chunk elder and Vietnam combat veteran.
The Amish community in Bridge Creek:
Listen below to in interview of an Amish farmer and clock maker who lives adjacent to the Hi-Crush mine, by Ted Auch, FracTracker’s Great Lakes Program Coordinator, and local resident, Mary Ann O’Donahue:
The frac sand mine and its impact on well water
1:35 “We had no problem with the well until they started back here, and then from there on she was orange….in June, I put chickens in the barn and I put a new filter in the line…and in a month’s time it was stopped up”
4: 28 “They hauled all that toxic waste to the back of the mine and dumped it”
Water testing and dust in the air
1:35 “They test for magnesium and manganese and aluminum, metals…there’s like 5 pages of them, and iron, mercury, iodine…everything they say if it’s a certain color it’s high…It’s been going up ever since they started. The first test looked real good, before they started doing anything…and every year since, it’s getting higher and higher and higher…I don’t hear nothing from them, they take the sample and that’s it…They don’t come talk about it, they’re not concerned that it’s raising”
7:15 “I can have my cart sitting underneath the overhang by the shop and I’ve never had to worry about it being much dusty. But if it’s sitting underneath there over there in the summer time…it’s not there a day before it’s covered in it.” “And that stuff’s going in your mouth too.”
Hi-Crush pond and blasts from the mine
1:40 “Who knows what’s in the pond?” “Well, that’s the problem, all the chemicals they use they never tell anybody what they’re using to process this stuff, and it’s all in where ever it runs off”
7:15 “You should’ve been here Monday…It was a real hard blast… I had the engine running and was working in [the shop], and it was a very big shaking there, and I noticed it so it had to be a real big one and I came to the door to look and [the smoke from the blast] was still three lengths higher than the tree over there… Usually they’re doing it two times a week…I’m sure it [affected] my house, because my ceiling’s cracked more and more. There was one lady here once when it happened and she didn’t stay very long, she said ‘I’m going home, I’m not staying in this house'”
Impact to animals, light pollution, interactions with workers
0:50 “She was riding a buggy and…they just happened to blast about the time the horse was as close as it could be and the horse freaked out and ran and she couldn’t control it”
Relations between workers, local officials, and the Amish community
Accidents involving farm animals, workers, and residents
Feature image: Frac sand mining in Wisconsin. Photo by Ted Auch, FracTracker Alliance, with aerial assistance from LightHawk.
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2018/10/Featured_FracSand.jpg400900Guest Authorhttps://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2019/10/Fractracker-Color-Logo.jpgGuest Author2018-10-29 11:45:292020-03-11 13:43:39Living on the Front Lines with Silica Sand Mines
In this section of the Falcon Public EIA Project, we explore the hydrological and geological conditions of the pipeline’s construction areas. We first identify the many streams, wetlands, and ponds the Falcon must cross, as well as describe techniques Shell will likely use in these water crossings. The second segment of this section highlights how the areas in the Falcon’s path are known for their complex geological features, such as porous karst limestone and shallow water tables that can complicate construction.
Quick Falcon Facts
Intersects 319 streams; 361 additional streams located only 500ft from construction areas
Intersects 174 wetlands; 470 additional wetlands located only 500ft from construction areas
Majority of crossings will be open cuts and dry-ditch trenching
A total of 19 horizontal directional drilling (HDD) sites; 40 conventional boring sites
25 miles of pipeline overlap karst limestone formations, including 9 HDD sites
240 groundwater wells within 1/4 mile of the pipeline; 24 within 1,000ft of an HDD site
Map of Falcon water crossings and hazards
The following map will serve as our guide in breaking down the Falcon’s risks to water bodies. Expand the map full-screen to explore its contents in greater depth. Some layers only become visible as you zoom in. A number of additional features of the map are not shown by default, but can be turned on in the “layers” tab. These include information on geological features, water tables, soil erosion characteristics, as well as drinking reservoir boundaries. Click the “details” tab in full-screen mode to read how the different layers were created.
The parts of Pennsylvania, West Virginia, and Ohio where the Falcon pipeline will be built lie within the Ohio River Basin. This landscape contains thousands of streams, wetlands, and lakes, making it one of the most water rich regions in the United States. Pipeline operators are required to identify waters likely to be impacted by their project. This two-step process involves first mapping out waters provided by the U.S. Geological Survey’s national hydrological dataset. Detailed field surveys are then conducted in order to locate additional waters that may not yet be accounted for. Many of the streams and wetlands we see in our backyards are not represented in the national dataset because conditions can change on the ground over time. Yet, plans for crossing these must also be present in pipeline operator’s permit applications.
Streams (and rivers) have three general classifications. “Perennial” streams flow year-round, are typically supplied by smaller up-stream headwaters, and are supplemented by groundwater. In a sense, the Ohio River would be the ultimate perennial stream of the region as all smaller and larger streams eventually end up there. “Intermittent” streams flow for only a portion of the year and are dry at times, such as during the summer when water tables are low. Finally, “ephemeral” streams flow only during precipitation events.
These classifications are important because they can determine the extent of aquatic habitat that streams can support. Working in streams that have no dry period can put aquatic lifeforms at elevated risk. For this and other reasons, many states further designate streams based on their aquatic life “use” and water quality. In Pennsylvania, for instance, the PA DEP uses the designations: Warm Water Fishes (WWF), Trout Stocked (TSF), Cold Water Fisheries (CWF) and Migratory Fishes (MF). Streams with exceptional water quality may receive an additional designation of High Quality Waters (HQ) and Exceptional Value Waters (EV).
Similar to streams, wetlands also have unique designations. These are based on the U.S. Fish and Wildlife Services’ national wetlands inventory. Wetlands are generally defined as “lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water.” As such, wetlands are categorized by their location (such as a tidal estuary or an inland wetland that lacks flowing water), its substrate (bedrock, sand, etc.), and plant life that might be present. While there are hundreds of such categories, only four pertain to the wetlands present in the regions where the Falcon pipeline will be built. Their designations roughly translate to the following:
Palustrine Emergent (PEM): Marshes and wet meadows hosting perennial small trees, shrubs, mosses, or lichens
Palustrine Shrub (PSS): Similar to PEMs, but characterized by also having well-established shrubs
Palustrine Forested (PFO): Similar to PEMs and PSSs, but having trees larger than 6 meters high
Palustrine Unconsolidated Bottom (PUB) and Palustrine Opem Water (POW) (aka ponds)
Pipeline operators are required to report the crossing length of each wetland they will encounter, as well as the area of permanent and temporary disturbance that would occur in each of these wetlands. When building the pipeline, operators are required to ensure that all measures are taken to protect wetlands by minimizing impacts to plant life, as well as by taking “upland protective measures” to prevent sedimentation runoff during precipitation events. When undergoing FERC EIA scrutiny, operators are also required to limit the width of wetland construction areas to 75 feet or less.
Pipeline operators use a variety of methods when crossing streams, wetlands, and ponds. Shorter length crossings often employ a rudimentary trench. After the cuts, construction crews attempts to repair damage done in the process of laying the pipeline. For longer crossings, operators can use boring techniques to go underneath water features.
There are two general types of trenches. The first, “open-cut” crossings, are typically used for smaller waterbodies, such as in intermittent streams where flow may not be present during time of construction, or when construction can be completed in a short period of time (typically 24-48 hours). In this process, a trench is laid through the water body without other provisions in place.
The second type, “dry-ditch” crossing, are required by FERC for waterbodies up to 30 feet wide “that are state-designated as either coldwater or significant coolwater or warmwater fisheries, or federally-designated as critical habitat.” In these spaces, pumps are used to transfer stream flow around the area where trenching occurs. In places where sensitive species are present, dry-ditches must include a flume to allow these species to pass through the work area.
Conventional boring consists of creating a tunnel for the pipeline to be installed below roads, waterbodies, and other sensitive resources. Bore pits are excavated on either sides of the site. A boring machine is then used to tunnel under the resource and the pipeline is pushed through the bore hole.
Horizontal Directional Drilling
In more difficult or lengthy crossings, operators may choose to bore under a water feature, road, or neighborhood. Horizontal directional drilling (HDD) involves constructing large staging areas on either side of the crossing. A large drill bit is piloted through the ground along with thousands of gallons of water and bentonite clay for lubricant (commonly referred to as drilling muds). HDDs are designed to protect sensitive areas, but operators prefer not to use them as HDDs can be expensive and require in-depth planning in order for things to go well.
An example of what happens when things are rushed can be seen in Sunoco’s Mariner East 2 pipeline. The PA DEP has cited Sunoco for over 130 inadvertent returns (accidental releases of drilling muds) since construction began. These spills led to damaged water wells and heavy sedimentation in protected streams, as exemplified in the image above. Making matters worse, Sunoco later violated terms of a settlement that required them to re-survey before recommencing construction. See FracTracker’s article on these spills.
Footprint of the Falcon
The overwhelming majority of Falcon’s water body crossings will be executed with either open-cut or dry-ditch methods. There are 40 locations where conventional boring will be used, but only a 3 are used for crossing water resources. Shell intends to use 19 HDDs and, of these, only 13 are used for crossing water bodies of some kind (the longest of which crosses the Ohio River). All other conventional and HDD boring locations will be used to cross under roads and built structures. This is not entirely unusual for pipelines. However, we noted a number of locations where one would expect to see HDDs but did not, such as in the headwaters of the Ambridge and Tappen Reservoirs, as was seen in the images above.
Shell identified and/or surveyed a total of 993 stream sections in planning for the Falcon’s construction. As shown on FracTracker’s map, the pipeline’s workspace and access roads will directly intersect 319 of these streams with the following classifications: perennial (96), ephemeral (79), and intermittent (114). An additional 361 streams are located only 500ft from construction areas.
A number of these streams have special designations assigned by state agencies. For instance, in Pennsylvania, we found 10 stream segments listed as Trout Stocked (TS), which are shown on our interactive map.
Perhaps more concerning, the Falcon will cross tributaries to the Service Creek watershed 13 times. These feed into three High Quality Cold Water Fishes (HQ/CWF) headwater streams of the Ambridge Reservoir in Beaver County, PA, shown in the image above. They also support the endangered Southern Redbelly Dace (discussed in greater depth here). On the eastern edge of the watershed, the Falcon will cross the raw water line leading out of the reservoir.
The reservoir supplies 6.5 million gallons of water a day to five townships in Beaver County (Ambridge, Baden, Economy, Harmony, and New Sewickley) and four townships in Allegheny County (Leet, Leetsdale, Bell Acres & Edgeworth). This includes drinking water services to 30,000 people.
We found a similar concern in Ohio where the Falcon will cross protected headwaters in the Tappan Reservoir watershed at six different locations. The Tappan is the primary drinking water source for residents in Scio. Below is a page from Shell’s permit applications to the PA DEP outlining the crossing of one of the Ambridge Reservoir’s CWF/HQ headwater streams.
Shell identified a total of 682 wetland features relevant to Falcon’s construction, as well as 6 ponds. Of these, the pipeline’s workspace and access roads will directly intersect 174 wetlands with the following classifications: PEM (141), PSS (13), PFO (7), PUB (10), POW (3). An additional 470 of these wetlands, plus the 6 ponds, are located only 500ft from construction areas.
Example 1: Lower Raccoon Creek
A few wetland locations stand out as problematic in Shell’s construction plans. For instance, wetlands that drain into Raccoon Creek in Beaver County will be particularly vulnerable in two locations. The first is in Potter Township, where the Falcon will run along a wooded ridge populated by half a dozen perennial and intermittent streams that lead directly to a wetland of approximately 14 acres in size, seen below. Complicating erosion control further, Shell’s survey data shows that this ridge is susceptible to landslides, shown in the first map below in dotted red.
This area is also characterized by the USGS as having a “high hazard” area for soil erosion, as seen in this second image. Shell’s engineers referenced this soil data in selecting their route. The erosion hazard status within 1/4 mile of the Falcon is a layer on our map and can be activated in the full-screen version.
Shell’s permit applications to the PA DEP requires plans be submitted for erosion and sedimentation control of all areas along the Falcon route. Below are the pages that pertain to these high hazard areas.
Example 2: Independence Marsh
The other wetland area of concern along Raccoon Creek is found in Independence Township. Here, the Falcon will go under the Creek using horizontal drilling (highlighted in bright green), a process discussed in the next section. Nevertheless, the workspace needed to execute the crossing is within the designated wetland itself. An additional 15 acres of wetland lie only 300ft east of the crossing but are not accounted for in Shell’s data.
This unidentified wetland is called Independence Marsh, considered the crown jewel of the Independence Conservancy’s watershed stewardship program. Furthermore, the marsh and the property where the HDD will be executed are owned by the Beaver County Conservation District, meaning that the CCD signed an easement with Shell to cross publicly-owned land.
The Falcon’s HDD locations offer a few disturbing similarities to what caused the Mariner East pipeline spills. Many of Sunoco’s failures were due to inadequately conducted (or absent) geophysical surveys prior to drilling that failed to identify karst limestone formations and shallow groundwater tables, which then led to drilling muds entering nearby streams and groundwater wells.
Karst landscapes are known for containing sinkholes, caves, springs, and surface water streams that weave in and out of underground tunnels. Limestone formations are where we are most likely to see karst landscapes along the Falcon’s route.
In fact, more than 25 of the Falcon’s 97 pipeline miles will be laid within karst landscapes, including 9 HDD sites. However, only three of these HDDs sites are identified in Shell’s data as candidates for potential geophysical survey areas. The fact that the geology of the other 10 HDD sites will not be investigated is a concern.
One site where a geophysical survey is planned can be seen in the image below where the Falcon crosses under PA Highway 576. Note that this image shows a “geological formations” layer (with limestone in green). This layer shows the formation types within 1/4 mile of the Falcon and can activated in the full-screen version of our interactive map.
We also assessed the Falcon’s HDDs relative to the groundwater depths and nearby private groundwater wells. The USGS maintains information on minimum water table depths at different times of the year. In the image below we see the optional “water table depth” layer activated on the FracTracker map. The groundwater at this HDD site averages 20ft on its western side and only 8ft deep on the eastern side.
Also seen in the above image is the “groundwater wells” layer from the FracTracker map. We found 240 private water wells within 1/4 mile of the Falcon. This data is maintained by the PA Department of Natural Resources as well as by the Ohio Department of Natural Resources. Comparable GIS data for West Virginia were not readily available thus not shown on our map.
While all of these wells should be assessed for their level of risk with pipeline construction, the subset of wells nearest to HDD sites deserve particular attention. In fact, Shell’s data highlights 24 wells that are within 1,000 feet of a proposed HDD site. We’ve isolated the groundwater wells and HDD sites in a standalone map for closer inspection below. The 24 most at-risk wells are circled in blue.
In this segment of the Falcon Public EIA Project we begin to explore the different ways that pipelines are assessed for potential risk to populated areas. We outline a methods dictated by the Pipeline and Hazardous Materials Safety Administration (PHMSA) called Class Locations. This methods identifies occupied structures in proximity to a pipeline.
Quick Falcon Facts
67% of the Falcon route will qualify as Class 1, 27% as Class 2, and 3% as Class 3.
More than 557 single family residences and 20 businesses within 660ft of the pipeline.
Three recreational parks and a planned luxury housing development also at risk.
Map of Falcon Class Locations
The following map will serve as our guide in breaking down the Falcon’s Class Locations. Expand the map full-screen to explore its contents in greater depth. Some layers only become visible as you zoom in. A number of additional layers are not shown by default, but can be turned on in the “layers” tab. Click the “details” tab in full-screen mode to read how the different layers were created.
Pipeline “Class locations” determine certain aspects of how a pipeline is constructed. Essentially, a pipeline’s route is segmented into lengths that are each given different classifications as outlined in PHMSA guidelines. In general terms, a segment’s Class is established by first calculating a buffer that extends 220 yards (660ft) on either side of the pipeline’s center in 1-mile continuous lengths. This buffer area is then analyzed for how many building structures are present. Classes are then assigned to each 1-mile segment using the follow criteria:
Class 1: a segment with 10 or fewer buildings intended for human occupancy
Class 2: a segment with more than 10, but less than 46 buildings intended for human occupancy
Class 3: a segment with 46 or more buildings intended for human occupancy, or where the pipeline lies within 100 yards of any building, or small well-defined outside area occupied by 20 or more people on at least 5 days a week for 10 weeks in any 12-month period (i.e. schools, businesses, recreation areas, churches)
Class 4: a segment where buildings with four or more stories aboveground are prevalent
The finer details of these calculations and their adjustments are complex, however. For instance, Class locations can be shortened to less than 1-mile lengths if building densities change dramatically in an certain area. The example image below shows one of the ways available to operators for doing this, called the “continuous sliding” method:
Class location designations may also be adjusted over time as densities change. For instance, if new homes were built in proximity to a previously constructed pipeline, the operator may be required to reduce their operating pressure, strengthen the pipeline, or conduct pressure tests to ensure the segment would technically meet the requirements of a higher Class. Alternatively, operators can apply for a special permit to avoid such changes.
What Class Locations Dictate
Pipeline segments with higher Classes must meet more rigorous safety standards, which are enforced either by PHMSA or by their state equivalent, such as the Pennsylvania Utility Commission. These include:
Soil depth: Class 1 locations must be installed with a minimum soil depth of 30 inches (18 inches in consolidated rock). Class 2, 3, and 4 locations require a minimum soil depth of 36 inches (24 inches in consolidated rock)
Shut-off valves: Class locations determine the maximum distance from shut-off valves to populated areas, as follows: Class 1 (10 miles), Class 2 (7.5 miles), Class 3 (4 miles), and Class 4 (2.5 miles).
Operating pressure: Classes also regulate the maximum allowable operating pressure (MAOP) of pipeline segments
Structural integrity: Classes determine where thicker walled materials must be used to withstand higher pressures, as well as different structural testing methods used in safety inspections
By replicating the 600 foot buffer from the Falcon’s centerline (used as the standard distance for determining Class Locations) we found that 67% of the Falcon route will qualify as Class 1, 27% as Class 2, and 3% as Class 3. These are represented on our interactive maps as green, yellow, and orange segments, respectively. An additional segment is marked as having an “unknown” Class on our maps (shaded in gray). This is the stretch crossing the Ohio River, where Shell’s Class location analysis has not been updated to reflect the route change that occurred in the summer of 2017.
In total, there are 557 single family residences, 20 businesses, and a church within the 660ft buffer. Shell’s data also identify non-occupied structures along the route, such as sheds, garages, and other outbuildings. There are 535 such structures, but we did not have the time to replicate the locations of these sites. It is also important to note that the points on our interactive map represent only those identified by Shell, which we believe is an incomplete assessment of occupied structures based on our quick review of satellite maps.
Three residential structures lie directly within the 50-foot right-of-way. One of these homes, located in a Class 2 segment in Independence Township, is shown below. The Falcon will come as close as 20 feet to the edge of the structure and surround the home on three sides.
Neighborhoods in the following five communities account for the entirety of Falcon’s Class 3 locations. These would be considered the most “at risk” areas along the route in terms of proximity to the number of occupied structures. For instance, below is a satellite view of the Class 3 section of Raccoon Township.
Rumley Township, Harrison OH
Knox Township, Jefferson County OH
Raccoon Township, Beaver County PA
Independence Township, Beaver County PA
Mount Pleasant Township, Washington County PA
In the above image we also see the location of Raccoon Township Municipal Park (in purple), home to a number of ballfields. Two similar recreation areas are located in the 660ft Class Location buffer: Mill Creek Ballpark, in Beaver County PA, and Clinton Community Park, in Allegheny County PA.
However, the Raccoon Township park is notable in that the Falcon cuts directly through its property boundary. Shell intends to bore under the park using HDD techniques, as stated in their permit applications, “to avoid disturbance to Beaver County baseball field/recreational park,” also stating that, “this HDD may be removed if the recreational group will allow laying the pipeline along the entrance roadway.”
New Housing Developments
One discovery worth attention is that the Falcon runs straight through an under-construction luxury housing development. Located in Allegheny County, PA, its developer, Maronda Homes, bills this growing community as having “picturesque landscapes, waterfront views and a peaceful collection of homes.” Shell mentions this development in their permit applications, stating:
Maronda Homes is in the planning and design stage of a very large housing development and SPLC [Shell Pipeline LC] worked closely with the developer and the Project was rerouted to avoid most of the housing sites.
It stands to reason that this neighborhood will eventually rank as one of the densest Class 3 areas along the Falcon route. Whether or not the pipeline is updated with higher safety standards as a result remains to be seen. The image below illustrates where the Falcon will go relative to lots marked for new homes. This property lots diagram was obtained from Shell’s GIS data layer and can be viewed on the FracTracker interactive map as well.
1/31/18 Note: the Pittsburg Post-Gazette obtained newer lot line records for a portion of the Maronda Farms during their investigation into this story. These new records appear to have some alterations to the development, as seen below.
Issues with Setbacks
There are no setback restrictions for building new homes in proximity to a pipeline. Parcels will eventually be sectioned off and sold to home buyers, begging the question of whether or not people in this community will realize a hazardous liquid pipeline runs past their driveways and backyards. This is a dilemma that residents in a similar development in Firestone, Colorado, are now grappling with following a recent pipeline explosion that killed two people, seen below, due to inadequate building setbacks.
Interestingly, we researched these same Maronda Farms parcels in FracTracker’s Allegheny County Lease Mapping Project only to discover that Maronda Homes also auctioned off their mineral rights for future oil and gas drilling. New homeowners would become victims of split-estate, where drilling companies can explore for oil and gas without having to seek permission from property owners, amplifying their level of risk.
In this segment of the Falcon Public EIA Project we continue to explore the different ways that pipelines are assessed for potential risk – in this case, relative to population centers, drinking water systems, and sensitive habitats. We outline methods dictated by the Pipeline and Hazardous Materials Safety Administration (PHMSA) called “high consequence areas” (HCAs) and how they determine potential impact zones for highly volatile liquid (HVL) pipelines. These methods are then applied to the Falcon to understand its possible dangers.
Quick Falcon Facts
An estimated 940-foot potential impact radius (PIR)
60 of 97 pipeline miles qualifying as High Consequence Areas (HCA)
More than 8,700 people living in the “vapor zone”
5 schools, 6 daycare centers, and 16 emergency response centers in “vapor zone”
In proximity to 8 source-water (drinking water) protection areas
Affecting habitats populated by 11 endangered, protected, or threatened species
Map of Falcon High Consequence Areas
The following map will serve as our guide in breaking down the Falcon’s High Consequence Areas. Expand the map full-screen to explore its contents in greater depth. Some layers only become visible as you zoom in. A number of additional layers are not shown by default, but can be turned on in the “layers” tab. Click the “details” tab in full-screen mode to read how the different layers were created.
Two considerations are used when determining pipeline proximity to population centers:
High Population Areas – an urbanized area delineated by the Census Bureau as having 50,000 or more people and a population density of at least 1,000 people per square mile; and
Other Populated Areas – a Census Bureau designated “place” that contains a concentrated population, such as an incorporated or unincorporated city, town, village, or other designated residential or commercial area – including work camps.
USAs: Drinking Water
PHMSA’s definition of drinking water sources include things such as:
Community Water Systems (CWS) – serving at least 15 service connections and at least 25 year-round residents
Non-transient Non-community Water Systems (NTNCWS) – schools, businesses, and hospitals with their own water supplies
Source Water Protection Areas (SWPA) for a CWS or a NTNCWS
Wellhead Protection Areas (WHPA)
Sole-source karst aquifer recharge areas
These locations are typically supplied by regulatory agencies in individual states.
With the exception of sole-source aquifers, drinking water sources are only considered if they lack an alternative water source. However, PHMSA is strict on what alternative source means, stating that they must be immediately usable, of minimal financial impact, with equal water quality, and capable of supporting communities for at least one month for a surface water sources of water and at least six months for a groundwater sources.
One very important note in all of these “drinking water” USA designations is that they do not include privately owned groundwater wells used by residences or businesses.
USAs: Ecological Resource
Ecological resource areas are established based on any number of qualities with different variations. In general terms, they contain imperiled, threatened, or endangered aquatic or terrestrial species; are known to have a concentration of migratory waterbirds; or are a “multi-species assemblage” area (where three or more of the above species can be found).
Like Class locations, HCAs are calculated based on proximity. The first step in this process is to determine the pipeline’s Potential Impact Radius (PIR) — the distance beyond which a person standing outdoors in the vicinity of a pipeline rupture and fire would have a 99% chance of survival; or in which death, injury, or significant property damage could occur. PIR is calculated based on the pipeline’s maximum allowable operating pressure (MAOP), diameter, and the type of gas. An example of this calculation is demonstrated in FracTracker’s recent article on the Mariner East 2 pipeline’s PIR.
Once the PIR is known, operators then determine HCAs in one of two ways, illustrated in the image below:
Method 1: A Class 3 or Class 4 location, or a Class 1 or Class 2 location where “the potential impact radius is greater than 660 feet (200 meters), and the area within a potential impact circle contains 20 or more buildings intended for human occupancy”; or a Class 1 or Class 2 location where “the potential impact circle contains an “identified site.”
Method 2: An area within PIR containing an “identified site” or 20 or more buildings intended for human occupancy.
In these definitions, “identified sites” include such things as playgrounds, recreational facilities, stadiums, churches, office buildings, community centers, hospitals, prisons, schools, and assisted-living facilities. However, there is a notable difference in how HCAs are calculated for natural gas pipelines vs. hazardous liquid pipelines.
HCAs determine if a pipeline segment is included in an operator’s integrity management program (IMP) overseen by PHMSA or its state equivalent. IMPs must include risk assessments that identify the most likely impact scenarios in each HCA, enhanced management and repair schedules, as well as mitigation procedures in the event of an accident. Some IMPs also include the addition of automatic shut-off valves and leak detection systems, as well as coordination plans with local first responders.
The Falcon Risk Zones
Shell’s permit applications to the PA DEP state the pipeline:
…is not located in or within 100 feet of a national, state, or local park, forest, or recreation area. It is not located in or within 100 feet of a national natural landmark, national wildlife refuge, or federal, state, local or private wildlife or plant sanctuaries, state game lands. It is also not located in or within 100 feet of a national wild or scenic river, the Commonwealth’s Scenic Rivers System, or any areas designated as a Federal Wilderness Area. Additionally, there are no public water supplies located within the Project vicinity.
This is a partial truth, as “site” and “vicinity” are vague terms here. A number of these notable areas are within the PIR and HCA zones. Let’s take a closer look.
The PIR (or “Blast Zone”)
Shell’s permit applications state a number of different pipeline dimensions will be used throughout the project. Most of the Falcon will be built with 12-inch steel pipe, with two exceptions: 1) The segment running from the Cadiz, OH, separator facility to its junction with line running from Scio, OH, will be a 10-inch diameter pipe; 2) 16-inch diameter pipe will be used from the junction of the Falcon’s two main legs located four miles south of Monaca, PA, to its end destination at the ethane cracker. We also know from comments made by Shell in public presentations that the Falcon’s maximum allowable operating pressure (MOAP) will be 1,440 psi. These numbers allow us to calculate the Falcon’s PIR which, for a 16″ ethane pipeline at 1,440psi, is about 940 feet. We’ve termed this the “blast zone” on our maps.
The HCA (or “Vapor Zone”)
Shell’s analysis uses an HCA impact radius of 1.25 miles. This much larger buffer reflects the fact that vapors from hazardous liquid pipelines can travel unpredictably at high concentrations for long distances before ignition. This expanded buffer might be called the “vapor zone,” a term we used on our map. Within the HCA “vapor zone” we find that 60 of the Falcon’s 97 miles qualify as high consequence areas, with 35 miles triggered due to their proximity to drinking water sources, 25 miles trigger for proximity to populated areas, and 3 miles for proximity to ecological areas.
Shell’s HCA buffer intersects 14 US Census-designated populated areas, shown in the table below. Falcon’s right-of-way directly intersects two of these areas: Cadiz Village in Harrison County, Ohio, and Southview CDP (Census Designated Place) in Washington County, PA. These areas are listed below. Additionally, we included on the FracTracker map the locations of public facilities that were found inside the HCA buffer. These include 5 public schools, 6 daycare centers, 10 fire stations, and 6 EMS stations.
Pittsburgh Urbanized Area
Weirton-Steubenville Urbanized Area
* Indicates an area the Falcon’s right-of-way will directly intersect
While it is difficult to determine the actual number of people living in the PIR and HCA vapor zone, there are ways one can estimate populations. In order to calculate the number of people who may live within the HCA and PIR zones, we first identified U.S. Census blocks that intersect each respective buffer. Second, we calculated the percentage of that census block’s area that lies within each buffer. Finally, we used the ratio of the two to determine the percentage of the block’s population that lies within the buffer.
Based on 2010 Census data, we estimate that 2,499 people live within a reasonable projection of the Falcon’s PIR blast zone. When expanded to the HCA vapor zone, this total increases to 8,738 people. These numbers are relatively small compared to some pipelines due to the fact that a significant portion of the Falcon runs through fairly rural areas in most places.
As shown on FracTracker’s interactive map, five of these areas serve communities in the northern portions of Beaver County, shown in the image above, as well as the Cadiz and Weirton-Steubenville designated populated areas. Recall that HCA drinking water analysis only requires consideration of groundwater wells and not surface waters. This is an important distinction, as the Ambridge Reservoir is within the HCA zone but not part of Shell’s analysis — despite considerable risks outlined in our Falcon article on water body crossings.
Shell’s permits state that they consulted with the U.S. Fish and Wildlife Service (USFWS), Pennsylvania Game Commission (PGC), Pennsylvania Fish & Boat Commission (PFBC), and the Pennsylvania Department of Conservation and Natural Resources (DCNR) on their intended route in order to determine potential risks to protected species and ecologically sensitive areas.
DCNR responded that the pipeline had the potential to impact six sensitive plant species: Vase-vine Leather-Flower, Harbinger-of-spring, White Trout-Lily, Purple Rocket, Declined Trillium, and Snow Trillium. PFBC responded that the project may impact the Southern Redbelly Dace, a threatened temperate freshwater fish, within the Service Creek watershed. PGC responded that the pipeline had potential impact to habitats used by the Short-Eared Owl, Northern Harrier, and Silver-Haired Bat. Finally, the USFWS noted the presence of freshwater mussels in a number of water features crossed by the Falcon.
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2017/01/Falcon_header_HCA.jpg200900FracTracker Alliancehttps://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2019/10/Fractracker-Color-Logo.jpgFracTracker Alliance2018-01-24 10:39:082020-03-12 15:41:37The Falcon: High Consequence Areas & Potential Impact Zones
Major pipeline projects are scrutinized by state and federal agencies for their potential impacts to threatened, endangered, and protected species. As part of the planning process, operators are required to consult with agencies to identify habitats known to support these species and are often asked to conduct detailed field surveys of specific areas. In this segment of the Falcon Pipeline EIA Project, we investigate how Shell corresponded with different agencies in complying with federal and state protected species guidelines.
Quick Falcon Facts
More than half (54%) of construction areas are currently forested or farmland
Botanical species Purple Rocket and Climbing Fern located in proximity to workspaces
67 Northern Harrier observations documented during site studies
One active Bald Eagle nest and two inactive nests in proximity to workspaces
Northern Long-eared Bat roost trees discovered as close as 318 feet from workspaces
Clusters of protected freshwater mussels, coldwater fish, and hellbenders in the path of the Falcon
Map of Protected Habitats & Species of Concern
The following map will serve as our guide to exploring the Falcon’s proximity to protected habitats and species of concern. Expand the map full-screen to explore its contents in greater depth. Some layers only become visible at closer zoom levels. A number of additional layers are not shown by default, but can be turned on in the “layers” tab. Click the “details” tab in full-screen mode to read how the different layers were created.
Shell’s permit applications detail extensive correspondences over a number of years — as early as August 2015 — with the U.S. Fish and Wildlife Service (USFWS), Pennsylvania Game Commission (PGC), Pennsylvania Fish & Boat Commission (PFBC), Pennsylvania Department of Conservation and Natural Resources (DCNR), Ohio Department of Natural Resources (ODNR), and the West Virginia Division of Natural Resources (WVDNR), among other agencies. These interactions tell a story of locating and cataloging threatened flowers, birds of prey, aquatic species, and bats.
Land Cover Assessment
A number of terrestrial habitat types are present along the Falcon pipeline’s route that will be disrupted during its construction. These are easily determined using data maintained by the USGS that tracks land cover and land use trends often used for understanding geospatial biodiversity. Shell used this data in their ecological impacts analysis and we have used it as well for comparison.
More than half (54%) of land in the Falcon’s construction area is currently forested land (deciduous and evergreen). Shell’s permits describe these areas as “contained cool, forested stream valleys and seeps and rich slopes” similar to the image above, which was submitted as part of Shell’s permit applications. An additional 35% is currently farmland (pasture/hay/crops). The remaining land cover is generally made up of water and wetlands, as well as residential and commercial development.
These numbers reflect the fact that the Falcon will travel through predominantly rural areas. Note that this analysis does not account for disruptions that will result from the pipeline’s 111 temporary and 21 permanent access roads. Land Cover for areas along the pipeline can be seen on the FracTracker map by activating the data in the “layers” tab.
In their correspondences with state agencies, Shell was notified that a number of important species would likely be found in these habitats. For instance, Pennsylvania Department of Conservation and Natural Resources (DCNR) noted the following botanical species on their watch list would be present:
Vase-vine Leather-flower (endangered): documented in floodplain and slopes of Raccoon Creek
Harbinger-of-spring (rare): documented in forested floodplain of Raccoon Creek
White Trout-lily (rare): documented in forested floodplain of Raccoon Creek
Purple Rocket (endangered): documented in forested floodplain of Raccoon Creek
Declined Trillium (threatened): documented along wooded tributaries and slopes of Raccoon Creek
Snow Trillium (rare): documented in tributary ravines along Raccoon Creek
DCNR requested a survey the Falcon’s route through all of Beaver County and the portion of Allegheny County north of the western fork of Raredon Run. AECOM, Shell’s contractor for this work, surveyed a 300-foot wide buffer along the pipeline route to allow for “minor alignment shifts” as construction plans are refined.
A final survey report was submitted to DCNR in March 2017. In it, AECOM noted having found multiple populations of Harbinger-of-spring (seen below), Purple Rocket, as well as Climbing Fern (Lygodium palmatum), also the PA Watch List. FracTracker’s map locates the general location of botanical discoveries nearest to the pipeline route.
DCNR’s response to the survey stated that route changes and plans to bore under Raccoon Creek using HDDs eliminated risks to Harbinger-of-spring and Purple Rocket. Meanwhile, Climbing Fern was determined to be in close proximity, but not directly in the pipeline’s construction area. Although, documents note that a number of ferns were transplanted “to further the species’ success within the Commonwealth.” As a result of these determinations, DCNR granted clearance for construction in August 2017.
Short-eared Owls & Northern Harriers
Shell was also notified by the Pennsylvania Game Commission (PGC) that portions of the Falcon’s workspace would be located near six areas with known occurrences of Short-eared Owls (PA endangered species) and Northern Harriers (PA threatened species).
PGC requested a study of these areas to identify breeding and nesting locations, which AECOM executed from April-July 2016 within a 1,000-foot buffer of the pipeline’s workspace (limited to land cover areas consisting of meadows and pasture). One Short-eared Owl observation and 67 Northern Harrier observations were recorded during the study, but that some of these harriers appeared to be nesting just outside the study area. The study area is visible on the FracTracker map, as shown below.
In February 2017, Shell notified PGC that a number of reroutes had occurred that would shift the Falcon pipeline away from a subset of the observed Northern Harrier habitat. Although, there is no mention in the permit applications about identifying potential nest locations in the neighboring areas where AECOM’s biologists observed additional harriers. Nevertheless, PGC’s final determination in August 2017, approved the project, stipulating that, “based on the unusually high number of observations at these locations” work should not be done in these areas during harrier breeding season, April 15 through August 31.
The U.S. Fish & Wildlife Service (USFWS) notified Shell that a known Bald Eagle nest was located in Beaver County. Meanwhile, the Ohio Department of Natural Resources (ODNR) and West Virginia Division of Natural Resources (WVDNR) noted that two potential “alternate nests” were located where the Falcon crosses the Ohio River. National Bald Eagle Management Guidelines bar habitat disturbances that may interfere with the ability of eagles to breed, nest, roost, and forage.
AECOM surveyed these areas in March 2016 and March 2017. The first stage included an analysis of land cover data to determine other areas along the Falcon’s route that may be desirable eagle habitat. In addition to the sites noted above, AECOM determined that Fort Cherry Golf Course (discussed in gerater detail here) and Beaver Conservation District owned land (discussed in greater detail here) would serve as eagle habitat, although in later field surveys no additional nests were found.
The one active nest in close proximity to the Falcon, called the Montgomery Dam Nest, is located just west of the pipeline’s terminus at Shell’s ethane cracker facility. AECOM’s study determined that the foraging areas for a pair of eagles using the nest span the Ohio River and Raccoon Creek.
An additional nesting site was found near Tomlinson Run, along the Ohio River. During initial field observations it was noted that the nest was not in-use and is in an unmaintained condition. Nevertheless, its use by Bald Eagles as recently as 2015 means it is still considered an “alternate nest” and thus accorded protection from habitat modifications. A second alternate nest was found the west bank of the Ohio River. No previous history of the nest had been recorded by state agencies.
Bald Eagle Study Gaps?
Below are maps from Shell’s permit applications identifying the locations of the three nests. These can also be found on the FracTracker map.[/av_icon_box]
USFWS requested that Shell only implement setback buffers for the one active nest at Montgomery Dam. These include no tree clearing within 330 feet, no visible disturbances with 660 feet, and no excessive noise with 1,000 feet of an active nest. Furthermore, Shell must avoid all activities within 660ft of the nest from January 1st to July 31st that may disturb the eagles, including but not limited to “construction, excavation, use of heavy equipment, use of loud equipment or machinery, vegetation clearing, earth disturbance, planting, and landscaping.”
According to Shell’s permit applications, the reroute that occurred at the Ohio River crossing took the Falcon pipeline away from the two alternate nest sites of concern, and the crossing at the river will be done with HDD boring, thus no impacts will occur. Apparently USFWS agreed with this position. However, as we see in the above maps, the HDD staging area on the WV side of the river (where a great deal of noise will likely occur) is just barely outside the 1,000 foot buffer.
Important Bird Areas
USFWS determined that the Falcon pipeline was also in close proximity to many migratory bird species protected under the Migratory Bird Treaty Act and that “direct or indirect, unintentional take of migratory birds may result even if all reasonable measures to avoid avian mortality are utilized.” In particular, the USFWS brought attention to the Raccoon Creek Valley and State Park Important Bird Area (IBA), which is located just south and west of the Falcon pipeline’s two major branches, as seen below.
USFWS recommended a number of strategies, such as co-locating the Falcon pipeline along rights-of-way used by existing pipelines. We see this indeed became the case, as 11 of the Falcon’s 23 pipeline miles in Beaver County are found adjacent to or parallel to existing ROWs.
Additional restrictions were placed on the project in Ohio, where ODNR determined that the Falcon is within range of the Upland Sandpiper, a state endangered bird that nests in grasslands and pastures. Shell was instructed to avoid construction in these habitat types from April 15-July 31 if such areas were to be disturbed. As we can see on the FracTracker map’s analysis of land cover data, there are significant areas of grassland and pasture in Ohio along the pipeline route.
No Peregrine Falcon?
One absence we noted in AECOM’s birds of prey studies was any mention of Peregrine Falcons, listed as endangered and protected under the PA Game and Wildlife Code. Peregrine Falcons nest in cliffs and bridges along rivers in Allegheny and Beaver counties and are particularly prized by the PA DEP, as evidenced by a prominently displayed booth at their Harrisburg headquarters.
One known nest is located under the East Rochester-Monaca Bridge just north of the Falcon pipeline’s terminus at Shell’s ethane cracker facility. While it is unlikely that activities such as tree clearing would affect falcon habitat, other aspects of the pipeline’s construction, such accidental drilling mud spills at HDD sites or ethane releases along Raccoon Creek, may indeed impact Falcon populations.
Federally Protected Bats
The USFWS notified Shell that the Falcon is located within the range of federally protected Indiana Bats and Northern Long-eared Bats in Pennsylvania and West Virginia and requested Shell conduct a bat “mist net” survey to identify breeding areas. Mist netting involves setting up nylon mesh nets at predetermined locations to capture and document bat populations.
AECOM’s bat survey was conducted from April-July 2016. While bats are known to live in caves and abandoned mines in winter, the study focused on summer habitats — mainly forests that support roost trees — given that tree clearing from building the pipeline would be the most likely impact. These forested areas constituted about 27 of the Falcon pipeline’s 97 miles in the two states. Mist net locations (MNLs) were established at 46 sites along the route, roughly 1/2 mile apart, as shown on the FracTracker map. A later reroute of the pipeline led to setting up 4 additional MNLs in June 2017.
A total of 274 bats from 6 different species were captured in the study, included 190 Big Brown Bats, 2 Silver-haired Bats, 62 Eastern Red Bats, 2 Hoary Bats, and 1 Little Brown Bat. 17 Northern Long-eared Bats were found at 13 of the MNL sites, but no Indiana Bats were captured. Radio transmitters were then attached to the Northern Long-eared Bats in order to follow them to roost trees. A total of 9 roost trees were located, with the nearest roost tree located 318 feet from the pipeline’s workspace.
In January 2018, USFWS stated that, because the Falcon’s construction area is not within 150 feet of a known roost tree during breeding season or within a 1/4 mile of a known year-round hibernation site, that “incidental take that might result from tree removal is not prohibited.” However, USFWS also stated that “Due to the presence of several Northern Long-eared Bat roost trees within the vicinity of the project footprint (although outside of the 150-foot buffer), we recommend the following voluntary conservation measure: No tree removal between June 1 and July 31.”
Furthermore, the PGC noted in early correspondences that Silver-haired Bats may be in the region (a PA species of special concern). This was confirmed in AECOM’s mist net study. PGC did not require a further study for the species, but did request a more restrictive conservation of no tree clearing between April 1 and October 31.
Bat Study Gaps?
There are a number of possible gaps in AECOM’s study that need attention. First, the study notes the nearest roost tree is 318 feet from the Falcon’s workspace, but this does not fully represent the likely impact to bat populations. As is seen in the map below, taken from Shell’s permits, this tree is just one in a cluster of five trees all within 750 feet of the pipeline’s workspace.
Furthermore, tree clearing in this area will be extensive considering its proximity to the Falcon’s juncture in Beaver County that also must accommodate a metering pad and access roads. This area is shown in the permit application map below and can be explored on the FracTracker map as well.
A second questionable aspect of the study is that, while the USFWS letter states the Falcon is not “within a 1/4 mile of a known year-round hibernation site,” this was not proven in the study as it did not identify nearby winter habitats. These omissions are noteworthy given the already significant stressors to bat populations in the region, as well as increasing pressure from oil and gas companies to relax standards for protecting endangered bat species.
A Note on Noise Control
As part of their ability to build the Falcon pipeline, USFWS mandated that Shell employ an “independent noise consultant” to measure ambient pre-construction noise levels at each HDD site and at designated Noise Sensitive Areas (NSA), which are generally determined by the presence of protected bird and bat species. Less is known about the details of this part of AECOM’s study plan for Shell. However, we have located noise monitoring sites on the FracTracker map for reference.
The USFWS and PGC identified very early in the Shell’s construction plans that the project would likely impact four endangered mussel species: the Northern Riffelshell, the Clubshell, the Rayed Bean, and the Snuffbox. AECOM conducted a survey in May 2016, at the request of Pennsylvania and Ohio agencies at 16 perennial streams along the route in those two states. These are shown on the FracTracker map. In PA, mussels were found to be present at both of the Falcon’s intersections with Raccoon Creek, as seen in a photo from Shell’s permit application below.
The results of the Ohio study are unknown at this time. However, we found it interesting that ODNR’s letter to Shell stated that unavoidable impacts could be resolved by allowing specialists to collect and relocate mussels to suitable and similar upstream habitats. Meanwhile, it appears that the USFWS and PFBC have also green lighted construction around the two known Raccoon Creek mussel habitats, as Shell’s applications argue these waters would not be impacted due to the fact that they would be crossing using HDD boring.
The PA Fish & Boat Commission notified Shell that the Falcon may impact the Southern Redbelly Dace. This threatened species is especially vulnerable to physical and chemical (turbidity, temperature) changes to their environment. PAFB explicitly notes in their correspondences that “we are concerned about potential impacts to the fish, eggs and the hatching fry from any in-stream work.” Of note is that these sites of concern are located in HQ/CWF streams of the Service Creek watershed (discussed in greater detail here), as shown on the map below.
Early correspondences with PFBC show the agency requesting that directional boring be used for these stream crossings or, if work necessitated direct impacts (such as open-cut crossings), that these activity be avoided during the spawning season. Shell responded to the request in stating that, with the exception of the Service Creek itself which will be crossed by HDD, the terrain surrounding its headwater streams was not suitable for boring, and would thus require open-cuts.
PFBC’s final determination on these matters is that they generally agreed, with the exception of the HDD site and one headwater stream (S-PA-151104-MRK-001), all other crossings must adhere to seasonal restrictions with no in-stream activity being conducted between May 1-July 31.
In Ohio, we see similar circumstances related to the River Darter, the Paddlefish, and the Channel Darter, all threatened species in the state. The ODNR recommended no in-stream work in the Ohio River from March 15-June 30 and no in-stream work in any of the state’s perennial streams from April 15-June 30.
The Falcon is also within range of Eastern Hellbender habitat in Ohio, a state endangered species and a federal species of concern. In particular, ODNR noted that Yellow Creek, in Jefferson County, is known to host the species. Because of this, ODNR requested that if any in-stream work was to occur in Yellow Creek, a habitat suitability survey must be conducted to determine if Hellbenders were present. Yellow Creek’s tributaries are indeed crossed by the Falcon. Whether or not a study was conducted as a result of this is unknown due to our not having reviewed Shell’s Ohio permit applications. The below image, captured from our page on water crossings, shows these locations.
Allowable Work Dates
To summarize, there are numerous implications for how Shell’s construction of the Falcon pipeline must accommodate endangered, threatened, and rare species in different states. In particular, Shell must avoid land and aquatic disturbances during different breeding and spawning seasons. Below is a breakdown of these black-out periods. Note that these only apply to locations where sensitive species were found in AECOM’s studies.
Northern Harriers, Short-eared Owls (PGC): No clearing between April 15 and August 31
Bald Eagles (USFWS): No work between January 1 and July 31
Upland Sandpiper (ODNR): No clearing between April 15 and July 31
Bats (USFWS): No clearing between April 1 and October 31
Southern Redbelly Dace (PFBC): No in-stream work between May 1 and July 31
River Darter, Paddlefish, Channel Darter (ODNR): No Ohio River work between March 15 and June 30; no perennial stream work between April 15 and June 30
In this final section of the Falcon Public EIA Project, we explore the Falcon pipeline’s entanglements with a region already impacted by a long history of energy development. Featured in this article are where the Falcon pipeline intersects underground mining facilities, strip mines, other hazardous pipelines, active oil and gas wells, as well as a very large compressor station. We utilize this information to locate spaces where cumulative development also has the potential for compounded risk.
Quick Falcon Facts
20 miles of the Falcon run through under-mined areas; 5.6 miles through active mines
18 miles of the Falcon run through surface-mined areas; also coal slurry waste site
Shares a right-of-way with Mariner West pipeline for 4 miles in Beaver County
11 well pads, as well as a compressor station, are within the potential impact radius
Map of Falcon relative to mined areas and other energy-related development
The following map will serve as our guide in breaking down where the Falcon intersects areas that have experienced other forms of energy development. Expand the map full-screen to explore its contents in greater depth. Some layers only become visible as you zoom in. A number of additional features of the map are not shown by default, but can be turned on in the “layers” tab. These include information on geological features, water tables, soil erosion characteristics, as well as drinking reservoir boundaries. Click the “details” tab in full-screen mode to read how the different layers were created.
The Falcon pipeline intersects a surprising number of active and inactive/abandoned mine lands. While the location of active mines is fairly easy to obtain from mine operators, finding data on abandoned mines is notoriously difficult. State agencies, such as the Pennsylvania Department of Environmental Protection (DEP), have digitized many legacy maps, but these resources are known to be incomplete and inaccurate in many locations.
AECOM’s engineers used data layers on active and abandoned mine lands maintained by state agencies in OH, WV, and PA. FracTracker obtained this data, as well, as shown on the interactive map. Shell states in their permits that AECOM’s engineers also went through a process of obtaining and digitizing paper maps in areas with questionable mine maps.
Shell states that their analysis shows that 16.8 miles of the Falcon pipeline travel through under-mined areas. Our analysis using the same dataset suggests the figure is closer to 20 miles. Of these 20 miles of pipeline:
5.6 miles run through active coal mines and are located in Cadiz Township, OH (Harrison Mining Co. Nelms Mine); Ross Township, OH (Rosebud Mining Co. Deep Mine 10); and in Greene Township, PA (Rosebud Mining Co. Beaver Valley Mine).
More than 18 miles run through areas that have been historically surface-mined (some overlapping under-mined areas).
Of those 18 miles, 1.5 miles run through an active surface mine located in Cadiz Township, OH, managed by Oxford Mining Company.
Beaver Valley Mine
The Beaver Valley Mine in Greene Township, PA, appeared to be of particular importance in Shell’s analysis. Of the three active mines, Shell maintained an active data layer with the mine’s underground cell map for reference in selecting routes, seen in the image below. Note how the current route changed since the map was originally digitized, indicating that a shift was made to accommodate areas around the mine. The FracTracker interactive map shows the mine based on PA DEP data, which is not as precise as the mine map AECOM obtained from Rosebud Mining.
Rosebud Mining idled its Beaver Valley Mine in 2016 due to declining demand for coal. However, Rosebud appears to be expanding its workforce at other mines in the area due to changing economic and political circumstances. We don’t know exactly why this particular mine was highlighted in Shell’s analysis, or why the route shifted, as it is not directly addressed in Shell’s permit applications. Possibilities include needing to plan around areas that are known to be unfit for the pipeline, but also perhaps areas that may be mined in the future if the Beaver Valley Mine were to restart operations.
Coal Slurry Site, Imperial PA
As discussed in other segments of the Falcon Public EIA Project, Shell intends to execute 19 horizontal directional drilling (HDD) operations at different sites along the pipeline. A cluster of these are located in Allegheny and Washington counties, PA, with extensive historical surface mining operations. A 2003 DEP report commented on this region, stating:
All of the coal has been underground mined. Most of the coal ribs and stumps (remnants from the abandoned underground mine) have been surface mined… The extensive deep mining, which took place from the 1920’s through the 1950’s, has had a severe effect on groundwater and surface water in this watershed.
Shell’s applications note that AECOM did geotechnical survey work in this and other surface-mined areas co-located with proposed HDD operations, concluding that the ”majority of rock encountered was shale, sandstone, limestone, and claystone.” However, at one proposed HDD (called “HOU-06”) the Falcon will cross a coal waste site identified in the permits as “Imperial Land Coal Slurry” along with a large Palustrine Emergent (PEM) wetland along Potato Garden Run, seen below.
In addition to its entanglements with legacy coal mining, the Falcon will be built in a region heavily traveled by oil and gas pipelines. More than 260 “foreign pipelines” carrying oil, natural gas, and natural gas liquids, were identified by AECOM engineers when selecting the Falcon’s right-of-way (note that not all of these are directly crossed by the Falcon).
Owners of these pipelines run the gamut, including companies such as Williams, MarkWest, Columbia, Kinder Morgan, Energy Transfer Partners, Momentum, Peoples Gas, Chesapeake, and Range Resources. Their purposes are also varied. Some are gathering lines that move oil and gas from well pads, others are midstream lines connecting things like compressor stations to processing plants, others still are distribution lines that eventually bring gas to homes and businesses. FracTracker took note of these numbers and their significance, but did not have the capacity to document all of them for our interactive map.
However, we did include one pipeline, the Mariner West, because of its importance in the Falcon’s construction plans. Mariner West was built in 2011-2013 as part of an expanding network of pipelines initially owned by Sunoco Pipeline but now operated by Energy Transfer Partners. The 10-inch pipeline transports 50,000 barrels of ethane per day from the Separator plant in Houston, PA, to processing facilities in Canada. Another spur in this network is the controversial Mariner East 2.
Mariner West is pertinent to the Falcon because the two pipelines will share the same right-of-way through a 4-mile stretch of Beaver County, PA, as shown below.
Reuse of existing rights-of-way is generally considered advantageous by pipeline operators and regulatory agencies. The logistics of sharing pipelines can be complicated, however. As noted in Shell’s permit applications:
Construction coordination will be essential on the project due to the numerous parties involved and the close proximity to other utilities. Accurate line location was completed; however, verification will also be key, along with obtaining proper crossing design techniques from the foreign utilities. A meeting with all of pipeline companies will be held to make sure that all of the restrictions are understood prior to starting construction, and that they are documented on the construction alignment sheets/bid documents for the contractor(s). This will save a potential delay in the project. It will also make working around the existing pipelines safe.
Shell’s attention to coordinating with other utility companies is no doubt important, as is their recognition of working near existing pipelines as a safety issue. There are elevated risks with co-located pipelines when they come into operation. This was seen in a major pipeline accident in Salem Township, PA, in 2016. One natural gas line exploded, destroying nearby homes, and damaged three adjacent pipelines that took more than a year to come back online. These findings raise the question of whether or not Class Location and High Consequence Area assessments for the Falcon should factor for the exponential risks of sharing a right-of-way with Mariner West.
Oil & Gas Extraction
The remaining features included on our map relate to oil and gas extraction activities. The Falcon will carry ethane from the three cryogenic separator plants at the pipeline’s source points. But the wet, fracked gas that supplies those plants also comes from someplace, and these are the many thousands of unconventional gas wells spread across the Marcellus and Utica shale.
We found 11 unconventional oil and gas pads, hosting a combined 48 well heads, within the Falcon’s 940-foot PIR. We also found a large compressor station operated by Range Resources, located in Robinson Township, PA. This is shown below, along with a nearby gas pad.
We noted these well pads and the compressor station because Class Location and HCA risk analysis may account for proximity to occupied businesses and homes, but does not always consider a pipeline’s proximity to other high-risk industrial sites. Nevertheless, serious incidents have occurred at well pads and processing facilities that could implicate nearby hazardous liquid pipelines. By the same measure, an accident with the Falcon could implicate one of these facilities, given they are all within the Falcon’s blast zone.
Decisions to drill or mine on public lands, however, are often extremely complicated.
By Allison M. Rohrs, Saint Francis University, Institute for Energy
The Commonwealth of Pennsylvania has historically been, and continues to be, home to an abundant array of energy resources like oil, gas, coal, timber, and windy ridgetops. Expectedly, these natural resources are found both on publicly and privately held land.
In Pennsylvania, the bulk of public lands are managed by two separate state agencies: The Department of Conservation and Natural Resources (DCNR), which manages the state’s forest and park system, and the Pennsylvania Game Commission (PGC), which manages the state’s game lands. Both of these state agencies manage oil, gas, and coal extraction as well as timbering on state property. Interestingly, neither of the agencies have utility-scale renewable energy generation on their land.
Some of Pennsylvania’s best wind resources can be found on the mountain ridges in the Commonwealth’s state forests and game lands, however, all proposals to build utility-scale wind farms have been denied by state agencies.
(Note: there are other state and federal agencies managing lands in PA, however, we focused our research on these two agencies specifically.)
Surprised to see that state lands have been greatly developed for different fossil industries but denied for wind energy, The Institute for Energy set out on a yearlong endeavor to collect as much information as we could about energy development on PA public lands. Using formal PA Right to Know requests, we worked with both DCNR and PGC to examine development procedures and management practices. We reviewed hundreds of available state agency reports, scientific documents, and Pennsylvania energy laws and regulations. We also worked with FracTracker Alliance to develop interactive maps that depict where energy development has occurred on state lands.
After a comprehensive review, we realized, like so much in life, the details are much more complicated than a simple yes or no decision to develop an energy project on state lands. Below is a brief summary of our findings, organized by energy extraction method:
Land/Mineral Ownership in Pennsylvania
One of the most significant issues to understand when discussing energy resources on state lands is the complexity of land ownership in Pennsylvania. In many instances, the development of an energy resource on publicly owned land is not a decision, but instead an obligation. In Pennsylvania, property rights are often severed between surface and subsurface ownership. In many cases, surface owners do not own the mineral rights beneath them, and, by PA law, are obligated to allow reasonable extraction of such resource, whether it be coal, oil, or gas. In Pennsylvania, approximately 85% of state park mineral rights are owned by someone other than the Commonwealth (severed rights).
Legal Authority to Lease
It is critical to note that DCNR and PGC are two entirely separate agencies with different missions, legal structures, and funding sources. This plays a significant role in decisions to allow oil, gas, and coal development on their properties. Both agencies have explicit legal authority under their individual statutes that allow them to lease the lands for mineral extraction. This becomes more of an issue when we discuss wind development, where legal authority is less clear, particularly for DCNR.
Oil and Gas Extraction
Oil and gas wells have been spudded on state parks, state forests, and state game lands. The decision to do so is multifaceted and ultimately decided by three major factors:
Mineral ownership of the land,
Legal authority to lease the land, and
Potential impacts to the individual agency.
There is currently a moratorium on new surface leases of DCNR Lands. Moratoriums of such nature have been enacted and removed by different governors since 2010. Although there are no new lease agreements, extraction and production is still occurring on DCNR land from previously executed lease agreements and where the state does not own the mineral rights.
The Game Commission is still actively signing surface and non-surface use agreements for oil and gas extraction when they determine the action is beneficial to achieving their overall mission.
Revenues from the oil and gas industry play a significant role in the decision to drill or not. Both agencies have experienced increasing costs and decreasing revenues, overall, and have used oil and gas development as a way to bridge the gap.
Funds raised from DCNR’s oil and gas activities go back to the agency’s conservation efforts, although from 2009 to 2017, the State Legislature had directed much of this income to the state’s general fund to offset major budget deficits. Just this year, the PA Supreme Court ruled against this process and has restored the funds back to DCNR for conservations purposes.
All revenues generated from oil and gas development on state game lands stays within the Game Commission’s authority.
Along with positive economic benefits, there remains potential health and environmental risks unique to development on these public lands. Some studies indicate that users of these public lands could have potential exposure to pollution both in the air and in the water from active oil and gas infrastructure. The ease of public access to abandoned and active oil and gas infrastructure is a potential risk, as well. On the environmental side, many have argued that habitat fragmentation from oil and gas development is contradictory to the missions of the agencies. Both agencies have independent water monitoring groups specific to oil and gas activities as well as state regulated DEP monitoring. The potential negative effects on ground and surface water quality is an issue, however, mainly due the vast size of public lands and limited dwellings on these properties.
Use the map below to explore the PA state parks, forests, and game lands that have active oil and gas infrastructure.
Thousands of acres of state forests and game lands have been mined for coal. Like oil and gas, this mineral is subject to similar fee simple ownership issues and is governed by the same laws that allow oil and gas extraction. DCNR, has not signed any virgin coal mining leases since the 1990s, but instead focuses on reclamation projects. There are coal mining operations, however, on forest land where DCNR does not own the mineral rights. The Game Commission still enters into surface and non-surface use agreements for mining.
In many circumstances, mining activity and abandoned mines were inherited by the state agencies and left to them to reclaim. Environmental and health impacts of mining specific to state land are generally attributed more to legacy mining and not to new mining operations.
Acid mine drainage and land subsidence has destroyed rivers and riparian habitats on these lands purposed for conservation.
The ease of public access and limited surveillance of public lands also makes abandoned mines and pits a dangerous health risk. Although threats to humans and water quality exist, abandoned mines have been noted for actually creating new bat habitat for endangered and threatened bat species.
Originally, we sought to quantify the total acreage of public lands affected by coal mining and abandoned mines; however, the dataset required to do so is not yet complete.
The Pennsylvania Department of Environmental Protection is currently in the process of digitizing over 84,000 hand drawn maps of mined coal seams in PA, an expected 15-year project.
Today, they have digitized approximately 30,000. The static map below demonstrates the areas with confirmed coal mining co-located on state lands:
The discussion about renewable energy development in PA is almost as complex as the fossil industries. There are no utility-scale renewables on state owned land. Both DCNR and the Game Commission have been approached by developers to lease state land for wind development, however all proposals have been denied.
Even when DCNR owns the surface rights, they still cite the lack of legal authority to lease the land for wind, as their statute does not explicitly state “wind turbines” as a lawful lease option.
The Game Commission does have the legal authority to lease its land for wind development, but has denied 19 out of 19 requests by developers to do so, citing many environmental and surface disturbances as the primary reason.
The development of wind projects in PA has slowed in the past five years, with only one new commercial wind farm being built. This is due to a variety of reasons, including the fact that many of windiest locations on private lands have been developed.
We estimate that 35% of the state’s best wind resource is undevelopable simply because it is on public land.
Like all energy development, wind energy has potential environmental and health impacts, too. Wind could cause habitat fragmentation issues on land purposed for conservation. The wind energy industry also has realized negative effects on bird and bat species, most notably, the endangered Indiana bat. Health impacts unique to public lands and wind development include an increased risk of injury to hunters and recreators related to potential mechanical failure or ice throw off the blades. Unlike fossil energies, however, wind energy has potential to offset air emissions.
We estimate that wind development on PA public lands could offset and estimated 14,480,000 tons of CO2 annually if fully developed.
Commercial wind turbines are currently being installed at hub heights of 80-100 meters where the annual average wind resource is 6.5 m/s or greater. The following map demonstrates areas of Pennsylvania where the wind speeds are 6.5 m/s or greater at 100 meters, including areas overlapping state lands, where no utility scale development has occurred.
Biomass is organic material, such as wood, that is considered renewable because of its ability to be replenished. The harvesting of such wood (timber) occurs on both DCNR and PGC lands and provides funding for these agencies.
Small-scale wind, solar, hydro, geothermal, and biomass projects do exist on PA public lands for onsite consumption, however no renewables exist on a commercial or utility scale.
Both the fossil and renewable energy industries are forecasted to grow in Pennsylvania in the years to come. The complex decisions and obligations to develop energy resources on PA public lands should include thoughtful management and fair use of these public lands for all energy resources.
For more information and details, check out the entire comprehensive report on our website: www.francis.edu/energy.
This work was supported by The Heinz Endowments.
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2017/12/PA-State-Lands-Drilling-Lenker.jpg400900Guest Authorhttps://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2019/10/Fractracker-Color-Logo.jpgGuest Author2017-12-19 11:42:542020-03-12 15:43:22Energy development is happening on your state lands, Pennsylvania
We live in a complex environment of local, regional, national, and international issues. We are constantly bombarded with a news cycle that regenerates at increasingly dizzying speeds. How can we possibly know what is truly important when hyped up twitter controversies clog up our news feeds?
In this quantity-over-quality culture, many of the most important issues and fights for civil rights and energy justice become casualties of a regression to ignorance.
At FracTracker, we disagree with this tactic – especially as it relates to the protests at Standing Rock. FracTracker has previously written about these demonstrations (shown in the map above), and has also analyzed and mapped data on oil spills from pipelines in North Dakota. We will continue FracTracker’s coverage of Standing Rock and the Water Protectors who fought – and continue to fight – the Dakota Access Pipeline (DAPL), known as the Black Snake.
Following the Fight
For those unaware, the fight against the Dakota Access Pipeline operated by Energy Transfer Partners, continues. While the project was green-lighted by the Trump Administration and Bakken oil began flowing in June of 2017, the court has returned the permits to the U.S. Army Corps of Engineers. A U.S. District Court judge ruled that the initial approval of the pipeline did not undergo adequate study of its environmental consequences. The finding stated that the Army Corps provided a flawed model, inadequate for predicting the full impacts of a leak under Lake Oahe. The model does not consider what would happen in the event of a leak under the lake. It models only benzene — one of many toxic chemicals present in crude oil — and models its movement in an unrealistic manner. Energy Transfer Partners claims the model is conservative, but it massively underestimates the potential impacts on human health and wildlife. The Army Corps provides no plan to contain an underground leak or clean contaminated soil and groundwater under Lake Oahe.
… the agency could simply revise or update its environmental review and again conclude that no EIS (environmental impact statement) is required. If that happens, additional legal challenges are likely. The Tribe believes this court decision should trigger a full EIS, including consideration of route alternatives, just as the Obama administration proposed in December.
Normally, when a permit is issued in violation of the National Environmental Protection Act (NEPA), operations are suspended, which would have forced the DAPL to shut down while the review is conducted. Contrary to the usual protocol, on October 11, 2017 a federal judge ruled that the pipeline will remain operational pending the environmental review by the Army Corps. Standing Rock Sioux Chairman Dave Archambault II has said in a statement, however, “Just because the oil is flowing now doesn’t mean that it can’t be stopped.”
Special thanks to the Lakota People’s Law Project and Rachel Hallett-Ralston for the information provided.
In January of 2017, 76 Water Protectors including Chase Iron Eyes were arrested on land granted to the Standing Rock Lakota Sioux Tribe under the 1851 Treaty of Fort Laramie. Chase Iron Eyes, Lead Counsel of the Lakota People’s Law Project, has been charged with felony incitement to riot and misdemeanor criminal trespass. In the interview above, Chase Iron Eyes discusses his involvement with Standing Rock and the political pressures to make an example out of him. Read the Lakota People’s Law Project petition here.
By Kyle Ferrar, Western Program Coordinator, FracTracker Alliance