Unatego Landowners Association

        The Next Meeting Will Be Announced

ATTENDING:  Denton Reed, Andrew Latham,  Marie Lusins, Steven Palmatier, Dick Downey, Richard Nyahay

The purpose of the meeting was to identify economic opportunities that might arise with gas field development in Otsego County.  What goods and services might this industry need that could be provided locally?

During the first hour the participants spoke to their interests and expertise, generally getting to know each other.  Richard Nyahay of Gastem USA joined the group at 11 o’clock.  The discussion centered on the goods, services, educational opportunities, contacts afforded by local businesses, institutions and individuals.  The following items were discussed:.

1)  ON-SITE FOOD CATERING:  The nature of the work and the hours could make this a useful service.

2)  HOUSING RENTALS:  Marie Lusins explained the seasonal nature of rentals in this area (student, tourist, Dream Park, etc.).  Richard Nyahay and Steven Palmitier described the current housing set-up for drillers.  The gas company rents a center/office.  The drilling company provides housing for crews.  This can be hotels, motels, rentals, campers or trailers on-site.  Leads to reliable hotel/motels would be helpful.  “Man camps” were mentioned.  Richard Nyahay said they would be 5 years down the road, if at all.

3)  TRUCKING AND TRUCKERS:  Richard Nyahay explained the industry  specific equipment needed such as water trucks, rigs, vacuum services, geological trucks. The nearest rental facility is two hours away n Tully, NY. For some jobs, special operators are flown in.  They pick up the equipment, do their job.  As  drilling develops, rental of such equipment might be a business opportunity.  Truckers will be needed.  They will have to have special licenses due to the nature of the fluids they will be hauling.

4)  CONSTRUCTION, LOGGERS, ETC.:  These operations can be local.

5)  FUEL OIL:  Local contracts.

6)  EQUIPMENT RENTAL:  There is a need for small generators, hoses, bobcats, small job equipment, etc.  Usually obtained locally.

7)  SERVICE PROVIDERS (Surveyors, logging crews, welders, etc.)  These services can be provided by local contractors with ONE CAVEAT.  When a gas company needs a service, it needs it NOW.  With heavy rental costs for rigs and a tight time frame, the “I’ll get to it tomorrow”  attitude is not going to work.  Every glitch is an emergency and vendors have to know that.  Quality of work is another issue:  Gastem lost  2-3 days with one sub-par welder.

8)  W    ATER TESTING LABS:  Definitely a need but it must be sophisticated enough to meet DEC specs.  Marie Lusins mentioned a lab in Morris.

9)  WAREHOUSING:   Companies will rent/purchase their own yards.

10)  “DON’S LIST”:  Don’s List is a directory of oil/gas equipment and service for the Northeast.  A local “Don’s List” would be useful for companies new to Otsego County. 

11)  CONTACTS:  Aside from providers of goods and services, gas companies need access to local and State government officials.  For good will and contacts with the community (they are well aware of the opposition to drilling) they will also need contacts with local Chambers of Commerce, Rotary, universities, etc.

12)  EDUCATION OPPORTUNITIES:  Oneonta and Norwich offers some unique educational opportunities for local residents/students and industry personnel.  The local colleges, community colleges, BOCES, and Job Corp can train for entry into the industry.  The Norwich branch of Morrisville Community College is in the first steps of providing such a course.  These courses and seminars can be tailored to industry need and  be provided on-site to upgrade drillers already employed on the rig. This allows the drill crew to upgrade their “tickets.”  Steve Palmatier and Marie Lusins have on-going entrees to these institutions.

13)  WASTE  WATER  FACILITIES:  A headwork's analysis is the key to whether local water treatment facilities can process wastewater and flowback.  The process:  the driller does a sample analysis of the water to be processed, collects its data.   If the constituent chemicals are under a particular guideline, the driller can send it to a particular treatment plant.  The plant retests the effluent and accepts or rejects.  There is a need for more treatment plants, thus a business opportunity.  One problem with opening such a plant - there is a trend towards water conservation and the Marcellus is returning much less flowback than expected - 18% instead of 50/70%.

14)  COUNTY  AND LOCAL GOVERNMENT:  Contacts are necessary at this level to ensure baseline data on local roads (road bores, videos) and perhaps to provide 3rd party verification of water well tests. Interesting fact- - some landowners hide bad wells by refusing to have the pretest.  This allows them the possibility of a lawsuit later.

15)  EAST/WEST PIPELINE:  Steve Palmateir noted the absence of an east/west pipeline.  Such a conveyance would open up a lot of new territory.  Political help  with the PSC would be useful in this area.

The meeting lasted about two and a half hours.  Also discussed was the economic spinoff (the ratio of 1 gas field job for every 6 wells, the multiplier effect of expendable gas dollars, etc.), the time frame for development (2 to 5 years), infrastructure (the TEPPCO lease allows a second pipeline), the thickness of the Utica in this area (500/600 ft.) and the general nature of the gas business.  Steven Palmitier summed up the general tone of the meeting.  “How can we make it easier for a driller to do business in our area?”

Minutes Respectfully Submitted,       Dick Downey

___________________________________________

        ECONOMIC  OPPORTUNITIES  IN  GAS  DRILLING MEETING NOTES -                       DEC. 1, 2009  at  OTSEGO COUNTY ECONOMIC DEVELOPMENT OFFICE

Attending: Marie Lusins, Fred Price, Dick Downey (UALA); Kevin Price (CDO Workforce); Carolyn Lewis (Otsego County Economic Development); Donna Jones (Chenango County Department of Planning and Development); Robert Robertson (Otsego County Chamber of Commerce); Steve Palmatier

Marie Lusins, Dick Downey, and Steve Palmatier presented a list of some of the jobs, equipment, and services that are needed to support gas drilling. (See attached) Many of these are non-cyclical. Projections from past experience tells us that every 6 wells creates 1 industry job. Every industry job spins off 2.4 ancillary jobs.

The education needed for some of these jobs was also discussed. Marie noted the programs in place from CDO Workforce, BOCES programs, Job Corp, and the possibility of a Morrisvile CC program. Steve spoke of the many certificates need by field workers to augment their "book"; skills needed for higher pay grades. Many of these courses can be taught "on site."

While Otsego and Delaware Counties are in the early stages of development, Chenago County has moved forward with dozens of Herkimer wells and an increased rate of development projected for the next three years. In a report delivered in September to the Broome County Legislature, Broome County expects between 2000 to 4000 wells drilled as development rolls out.

Discussion commenced on the skills and attitudes needed to service this industry (this is a 24/7 industry; you have to be reliable), the time needed to get State Ed approval of course sequence (18 months), cachment area as determined by drive time to work (one hour seems to be the max), momentum of development phase (Pace in Chenango seems to have been 1 well every 2 weeks, expected to pick up to 40 wells every quarter), the industry wage scale ($12/15 per hour for raw beginner to $150,000 for site supervisor. A mudlogger, usually a 2 year degree, gets $80,000) In the beginning the labor on site is usually imported (80% to 20%) but this ratio switches as the field matures.

Marie spoke of a regional approach for educational development - a 3 county effort has a better chance for State funding and support.　

There was some general discussion on promising innovative technology -propane fracing has significantly increased production. The Marcellus shale wells in PÅ are producing 18% wastewater returns. 1,000,000 gallons of water down hole will still need 180,000 gallons of disposal. The problems of disposal and blocked production make propane fracing attractive. Early results indicate that 98% of the gas used returns and can be used again. Carbon dioxide fracing is in the experimental pipeline.

SUMMARY: The Counties and the Chamber of Commerce would like direct contact with gas industry professionals. To that end it was suggested that a second meeting be held in Norwich in mid-January. Drillers currently active in the three county area will be invited. The objective is to get input from industry to start moving towards a local "Don’s List" and to provide impetus/ direction for local educational programs.

____________________________________________________________________________________________

Directory of local services needed for the natural gas industry once gas exploration/production starts. Expect an up-tick in activity in the following industries/job categories/specialties. This is by no means the entire list.

WELDING AND WELDING SUPPLIES                                                                                              METAL FABRICATION                                                                                                                 TRUCKING - WATER / PIPES / MISC.                                                                                            TRUCKERS: VARIOUS LICENSES, TRAINING                                                                               CONSTRUCTION - EXCAVATION / ROAD BUILDING / MISC.
FORESTERS
LOGGING
ENVIRONMENTAL CONSULTANTS & CLEAN-UP SERVICES
PIPELINE SPECIALISTS - PLANNING / CONSTRUCTION / RECLAIM.
ENGINEERING/ CIVIL
HAY BALES
FENCING - CONTRACTORS & SUPPLIES
FUEL
SURVEYORS
TOWING SERVICES
CRANE / WINCH SERVICES AND SUPPLIES
HYDRAULIC OPERATORS AND MECHANICS
TOOL / POWER EQUIPMENT RENTAL / LEASING & REPAIR
PORTABLE TOILETS
CATERING SERVICE
OFFICE RENTAL, FURNISHINGS & SUPPLIES
STONE, GRAVEL, TOPSOIL
TEMPORARY STORAGE UNITS
STEEL BUILDING FABRICATORS
NOISE ABATEMENT MATERIALS FOR GENERATORS
GENERATORS AND GENERATOR REPAIR
BANKING /CAPITAL FORMATION / STRUCTURING VC SERVICES
FINANCIAL PLANNERS
ACCOUNTING / BOOKKEEPING / TAX SERVICES
INSURANCE: BONDING / CASUALTY / VERIFICATION OF ROADS, ETC.
ATTORNEY / LEGAL SERVICES / ABSTRACT SEARCHES
CEMENT: SPECIALTY MATERIALS & SERVICE
DIESEL ENGINE REPAIR
PLUMBERS / STEAMFITTERS
PLUMBING SUPPLIES FOR BOTH PVC AND STEEL
SAFETY: FIRE / HAZMAT EQUIPMENT & TRAINING
ELECTRICAL CONTRACTORS / FLOODLIGHT SERVICE
STEAM CLEANING / MAINTENANCE OF EQUIPMENT
WATER TESTING: FIELD SERVICES & LAB CAPABILITIES
SECURITY / THEFT PREVENTION / VIDEO EQUIPMENT
REPAIR SERVICES FOR GAUGES / TECH INSTRUMENTS
WASTEWATER: TRANSPORTATION & DISPOSAL PERSONNEL
LODGING: HOTEL / MOTELS / B & B / RENTAL HOUSING
REAL ESTATE
COMPUTER SERVICES: PROGRAMMING & REPAIR
ROAD CONSTRUCTION & REMEDIATION
SITE INSPECTORS - INDEPENDENT AND DEC
LAUNDRY SERVICES
DUMPSTER RENTALS
FARM EQUIPMENT
RESTAURANTS  __________________________________________________________________________________ 

December 9, 2009

Mr. Peter Grannis, Commissioner
Department of Environmental Conservation
625 Broadway
Albany, NY 12233-1011

dSGEIS Comments, Bureau of Oil & Gas Regulation NYSDEC Division of Mineral Resources
625 Broadway, Third Floor
Albany, NY 12233-6500.

Dear Mr. Grannis:

The member coalitions of the Joint Landowners Coalition (JLC) have reviewed the Draft Supplemental Generic Environmental Statement (SGEIS) prepared by the New York State Department of Environmental Conversation (NYSDEC) and are pleased with the overall product.  The JLC sent a letter expressing our concerns and recommendations to you in December 2008 (attached).  The JLC represents more than 15,500 households in seven counties.  Rather than have each of those 15,500 households send a letter the JLC is sending one letter.

In our recommendations we emphasized that we believe that if a pollution problem were to occur at a well site it is far more likely to be as a result of a surface issue such as a spill or accident.  We also stated that the Storm Water Pollution Prevention Plan (SWPPP) and the Spill Prevention Countermeasure Plan be developed and kept on site.  The SGEIS addresses this in detail and requires the plan to be kept on site.  In addition the SGEIS also specifically requires that the contractor have a trained team on site able to handle any spill that might occur.  The JLC agrees with these provisions.  The JLC recommended, in addition to the NYSDEC site inspections, that the site permit holder be required to self-inspect the SWPPP controls every two weeks and after any rainfall event or snow melt event that causes surface erosion.  According to the SGEIS the General Permit for Stormwater Discharges Associated with Construction Activities (Construction General
 Permit) will be incorporated into Sector AD of the Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity (GP-0-06-002) (MGSP).  This permit requires weekly or in some cases twice per week self-inspections by a qualified professional.  The provisions of that permit provide the self-inspections criteria in excess of the JLC previous recommendation.  If our interpretation of the provisions of the SGEIS and the Stormwater Permit conditions is correct then we applaud the DEC for not including redundant regulations.  If not, then we ask that the DEC provide language in the SGEIS requiring self-inspection.  In addition, we ask that the SGEIS require that a named individual on site be responsible for maintenance of SWPPP controls.  It would be appropriate if that person were a member of the Spill Containment team.  Recent events in Pennsylvania where the Pennsylvania Department of Environmental Protection found two companies  with their SWPPP plans “out of order” supports our recommendation and may actually help the drilling companies avoid an enforcement action.

The SGEIS also addresses many other pertinent environmental issues and requires that an appropriate addendum to the EAF be prepared identifying the specific environmental impact and subsequent method of mitigation as part of the permit process.  The JLC believes that this approach is both comprehensive and expedient.  The applicant will thus be able to address only those issues that are pertinent to their location.  For example, noise may be an issue if the drill pad site is near a populated area, but not an issue if it is remote. 

The SGEIS in Chapter 6 and through the SEQRA process also addresses cumulative impacts.  Also, the size of the drilling unit at 640 acres or more greatly reduces cumulative impact because the greatest impact caused by natural gas development is associated with surface disturbance.  The number of drilling pads, access roads, and gathering lines are greatly reduced with horizontal drilling and larger spacing units.

The SGEIS in Chapter 7 addresses water quality testing.  On page 7-39 under parameters the SGEIS refers to Table 7.1.  We believe the correct reference is to Table 7.3 that immediately follows.  On page 7-41 the list of additional parameters to be tested during water well testing based on sources reviewed by the Department and summarized in Chapters 5 and 6 are identified.  We recommend that the following or similar language be added.  “Other parameters may be added based on the submitted composition of the proposed fracking fluid additives.”

    We have noted in all of our review of the environmental issues related to drilling and hydraulic fracturing operations, that spills at the surface location and errors in drilling operations are at the heart of most of these issues.  We, therefore, wish to offer some suggestions, based upon engineering knowledge from our coalition members, that could potentially minimize or eliminate many of these environmental problems.  These suggestions are as follows:

Use of Closed Systems for Hydraulic Fracture Operations In discussions of operations at the well site, frequent reference has been made to the use of lined pits for the containment of circulated drilling fluids and well cuttings, and in some cases the containment of flowback from hydraulic fracturing of prospective formations.  We recognize that such pits have been used in the oil and gas industry for years, but in more recent times many incidents have been cited as a result of overflow and leakage and from improper remediation of these pits, contaminating nearby streams, rivers, water wells, and ground water aquifers.  These incidents, whether totally true or exaggerated, have given some evidence of environmental damage, and created an image problem for natural gas d completion operations.  We believe that the DEC should consider going predominantly, if not totally, to a closed system operation for well completion operations.  Under a closed system, all fluids brought to the well site would be contained in  large metal tanks, and fed from those tanks, as needed into the well bore for down hole operations.  Using the closed system for hydraulic fracturing would require that a large number of tanks be brought to the well site in preparation for the fracturing operation.  The fracturing is normally done in several stages, and when all stages have been completed, pressure is released and the well is allowed to flow back, and clean up begins.  With a large frac job many hours or several days of clean up are required, but all of the flowback would be directed into tanks on the well site surface.  When the frac job has been completed, all of this material is removed from the well site without the use of any pits.

These closed system operations have several other distinct advantages.  One of these, importantly, is that less water is required in total area operations because it can be used over and over again.  Water may be moved from location to location with new make up water added as needed, but at a great saving in total water.  The issue of air pollution from the frac fluids is ameliorated because the fluids are contained in closed containers. Another advantage is that clean up of the well site is much easier and more quickly accomplished because there is no pit to drain and reclaim.

Operations in Wildcat Areas
We believe that initiation of drilling operations in our areas requires special care.  These areas would be considered by most drilling companies to be wildcat country, meaning that few wells have been drilled and the operator has little or no knowledge of what will be encountered when the drill bit penetrates the various formations below the surface.  For example, it is possible to encounter a shallow sand lens at a depth of only 200 or 300 feet, which is saturated with natural gas.  The operator should be fully prepared for such an eventuality.  In one of our coalition areas, an operator drilling on non-coalition acreage experienced well fires on two separate wells.  In both of these cases, we believe these life-threatening fires could have been avoided.  The original GEIS does address drilling techniques and blowout prevention, but we recommend that this area be revisited.

The well will normally be commenced with the setting of a 30 or 40-foot joint of conductor pipe for the purpose of supporting unconsolidated formations usually found at the surface.  Immediately thereafter blowout preventer equipment should be installed.  This BOP equipment stack should consist of an annular blowout preventer of the Hydril type at the top, and a Ram preventer body below.  The Hydril or annular type contains a large doughnut shaped rubber valve, which can be closed to fully shut off the open hole.
The Ram preventer body normally has compartments for the placement of pipe rams which can close around pipe, of whatever dimension, is being used in the well, blind rams that will completely close over the hole if no pipe is present, and shear rams which are equipped with a cutting edge that will cut completely through the pipe and close off the well, if necessary. 

The drilling of the surface hole to a depth of 500 to 700 feet should be done working through the annular BOP so that the hole may be closed if a gas blowout commences.  After the surface hole has been drilled, the surface casing is installed and cemented back up to the surface.  Thereafter, rams of the appropriate size, as described above, are placed in the Ram preventer body.  These ram sizes are changed out as needed to correspond to dimensions of pipe being used in the drilling operation.

We believe that the use of drilling fluids rather than air drilling, and the effective use of blowout preventers from the very beginning of drilling operations will prevent occurrence of unexpected blowouts and probably save lives.  The drilling fluids will provide a hydrostatic head usually sufficient to control the gas pressure from a shallow formation, but if that head proves to be insufficient, the annular preventer is closed and a blowout is prevented.
 
The JLC believes that the NYSDEC has adequately addressed the environmental issues associated with natural gas exploration in New York.  The JLC recognizes that significant funding and staffing issues may exist, however we believe that those issues are completely outside of the environmental scope of the SGEIS.

Therefore, the Joint Landowners Coalition strongly and respectfully requests that the SGEIS be given final approval without any further delays so that all of New York State and it’s citizens may realize the economic benefits of our natural gas resources. 

Sincerely,

Larry Haskell, Chairman
Joint Landowners Coalition
Member Coalitions:
Apalachin Landowner's Group:  www.apalachinlandowners.blogspot.com  
 Binghamton/Conklin:  NYGasLease@gmail.com
Central Broome Region:  www.centralbroomeassociation.org
 Central NY Landowner's:   www.cnylandcoalition.org
Countyline Landowner's:  www.countylinecoalition.com
Deposit:  www.gaswellguru.com
 Kirkwood Coalition: www.townofkirkwood.org  
Mountain Valley (town of Binghamton/ Southeastern Vestal):  Tony Gawlinski
Northeastern Broome Landowners Assoc.:  www.northeasternbroomelandowners.com
Nanticoke Gas Coalition:  www.nanticokegascoalition.com   North Sanford:  
Oxford Landowner's Group:  jlatourette@stny.rr.com  Sapbush Road Group:  jward18@stny.rr.com , vlfamf@aol.com  79-11 (Barker) Landowner's  Coalition:   barker7911@yahoo.com  Southern Madison County Gas Coalition:
Steuben Landowner's Coalition:  www.mysite.verizon.net/reszcmsk                                                    Tioga County Landowner's Group:  http://www.tiogagaslease.com/                                                          Unatego Area Landowner's Association:  www.otegogas.webs.com
Union Center/West Corners:   stankos@stny.rr.com 
Vestal Gas Coalition:  http://www.coalitionconnection.com/   
Western Barker Landowner's Group:  http://www.barkerlandowners.org/  
Windsor/Colesville Oil & Gas Lease:  http://www.windsornygaslease.com/  
Worcester Coalition:  farmerdj@logical.net 

__________________________________________________________________________________

__________________________________________________________________________________

Testimony Nov. 12. re Radioactivity

The Nov.9th Pro Publica article by Mr. Lustgarden   -  “Is New York’s Mardellus Shale Too Hot to Handle?”  typifies his writng. --  an INFLAMITORY headline followed by SEVERAL inflammatory lead paragraphs  --  then quotes from officials which give SOME balance  -  and FINALLY  leading to a muted MAYBE   as a conclusion. 

Lustgarden is a good reporter   (extensive primary sources)   BUT he is an even BETTER advocate.  What HE advocates is anti drilling in both a SUBTLE and OVERT manner.  ONE THING YOU CAN COUNT ON  -- he NEVER reports on events that CONTRADICTS  HIS  purpose.  And WHAT is HIS purpose?  On his masthead  --  WHO WE ARE  --   he states “ We strive to foster change through exposing exploitation of the weak by the strong  and  the failure of those with power to vindicate the trust placed in them.” 

A NOBLE PURPOSE!

Let ME propose a NOBLER PURPOSE.

WE strive to foster change through TRUTH! 

It seems  that there is radioactive discharge in some of the flowback from the Marcellus shale and New York’s treatment plants are unable to neutralize it  AT THIS TIME..

OK, what to do?  Buried deep in the Lustgarden article   (Page 3 in my printout)   lies the answer. 
“In the event that the treatment plants are not able to treat the waste due to high radioactivity, THEY SHOULD REJECT THE WATER,” said Rick Kessy of Fortuna.  “And if we do not have a viable option for it, OUR operations would just shut down.  THERE IS NO OTHER OPTION.”

That’s the long and short of the radioactivity problem.  If there is no treatment solution, the drillers stop drilling.  THE SYSTEM WILL WORK JUST AS IT IS SUPPOSED TO WORK.  That’s why we are here today to support the new regs.  WE who WANT drilling are here to support strong rules and strong enforcement.

If a situation arises where radioactivity is SO  high as to be untreatable by current treatment centers, the industry WILL find a solution. Lustgarden raised a similar issue about a year ago.  He stated that treatment centers would be unable to handle the volume of flowback from the Marcellus wells.

WHAT HAPPENED?  Industry had seen the same problem and took action as the situation demanded.  For starters, the projected flowback per well  is MUCH LESS than predicted.  The prediction was 50/70 %.  -- in reality it is 18%.  To HANDLE that flowback, companies like Range Resources are beginning
to treat  flowback on site and reusing the water.  Range reports that some of its south west Pennsylvania wells are treating 100% of flowback for reuse. 

You WILL NOT find any of this in a Lustgarden article because it doesn't fit HIS mission  --  TO STICK IT  TO  “THE MAN.”  It DOES, however, fit a NOBLER PURPOSE  --  THE TRUTH.

Thank you, DEC, for STIFFENING the rules to PROTECT  our environment.   -  YOURS AND MINE.

____________________________________________________________________________________________

Testimony for the DEC’s Nov. 18th 2009 Meeting

Good evening . I’m Anna Hein.  A PROUD  OCTOGENARIAN  OWNER OF A WHOPPING 17 ACRES  and co-founder of the Unatego Area Landowners Association - 300 members and still growing. 

In these hearings we have heard a great deal from environmental purists who would tell us how to live.  We should live SUSTAIN ABLY, PRODUCE AND CONSUME LOCALLY,  AVOID HYDROCARBON ENERGY,  MORE IMPORTANTLY - AVOID EXTRACTION HYDROCARBONS FROM MOTHER EARTH.

ADMIRABLE CONCEPTS!    RIGHT ?  .  I actually try to live that way 
  >  I grow, pick, or purchase local produce
  >  I keep my heat LOW  -  wear a sweater
  >  I recycle everything
  >  I bundle my chores in Oneonta  -  make 3 to 6 stops in one trip
  >  I RARELY use more than ONE LIGHT at ONE TIME.

But let’s get REAL.  With less than 6% of our energy produced by renewable resources (mostly hydroelectric), and with nuclear energy problematical, WE LIVE IN A HYDRO CARBON  BASED ENERGY ENVIRONMENT and the cleanest hydrocarbon is GAS.

Not good enough for THE SUSTAINABLES? We heard a lot of philosophizing since the DEC reopened hearings. 

People telling us how we should live - about the poisons that are KILLING us - the CONTAMINATIONS - the PLAGUES OF BIBLICAL PROPORTIONS!  EXAGGERATED?  I think so.

OK, LETS GET PURE!!!     Just imagine this - EVERYBODY!!!  - TAKE OFF YOUR CLOTHES!!!  -  GET NAKED!!!

You’re NUDE because every stitch of clothes you’re wearing is either hydro carbon based or made by machines which are powered by hydrocarbons. By the way,  the clothes you’re wearing were probably made in India, Honduras, Thailand  -  certainly not locally,   Except for Gentle Annie back there
 in the back rows.  She spun her wool and made her shawl  on a loom.  She can keep her shawl.  Everybody else, TAKE IT OFF!!!

Now that you’re sitting uncomfortably  -   TURN OFF THE LIGHTS!   TURN OFF THE HEAT!  TURN OFF THE MIC.  In fact, TURN OFF ALL THE  HYDROCARBON  POWERED  ELECTRICITY!

Soon you’’re shivering.   iI’s dark -  not much going on, - you want to leave. Well, find your way out.  No SHOES, please.  Don’t care if they’re leather.  They’re MACHINE stitched.  -  Garth, - Gentle Annie's partner - has sandals crafted from recycled tires - TAKE THEM OFF!.  Tires are hydro carbon based.

  >  As you wander into the parking lot  -   TEAR IT UP!  Asphalt is hydrocarbon based.  Don’t put your key     into your PRIUS.  THAT car is energy intensive to make and energy intensive to operative.

  >  Put your thumbs out and hitch.  BUT NOT FROM A CAR.  Wait for a mule.  NO MULES COMING?  -  Guess you have to walk home.

  >  Home better be a YURT, a TENT, or a CAVE  -   anything else, stick built of stone, takes energy to build and energy to maintain.  FORGET VINYL!!!

  >  On NPR the other day  a woman in California was complaining about the 137 different chemical markers found in her blood stream.  She probably took the test after her pilates class,  and before she had sushi and a tennis lesson.  Never mind that she’s going to live into her eighties.  
       I suggest that she sign up for REGRESSION THERAPY and transport herself back to the 16th century.  She’d be happy with her chemical numbers  -  but  in the words of the philosopher Rousseau,  she’d be living a “SHORT, BRUTISH LIFE!.”

  >  THAT’S IT, FOLKS!  That’s the trade off   -  THE REALITY   -  for Modern Man    -  We live longer.  -    We live better.  And   -  we have some nano particles in our bloodstream.

  >  So -  we ask the DEC, to be reasonable in its protections of our environment  -   allow man -  nature -  and industry to exist together safely.  

  >  PLEASE take reasonable recommendations into account - measure them against your mission - and you’ll come to a balanced solution.

  >  WARNING:   WATCH OUT for the philosopher who would tell us how to live.  -  Soren Kierkegaard had them pegged.  “Philosophers BUILD castles in the sky -  BUT they LIVE in the mud huts beyond the moat.”

  >  NOW  -   thanks to modern technology - those mud huts are getting better and better.  MY LAST WORDS OF ADVICE, FOLKS - GET your  daily exercise-  EAT sensibly, (no Twinkies), and LETS DRILL - EXTRACT - AND USE GAS. 

__________________________________________________________________________________

According to our attorney, Scott Kurkoski, it seems that Fortuna is saying that the delay by the DEC triggers the  "Act of God" clause in its contracts, called Force Majeure.

Force Majeure means a circumstance beyond the control of any of the parties, for instance, a hurricane, a flood, or a war which impedes one of the contracting parties from fulfilling its contractual obligations.  Fortuna is saying that the delay by the DEC is such a circumstance and therefore its' leases with its' landowners must be extended by "x" years. 

Scott says NO!  Permits for drilling could be obtained.  The moratorium was on horizontal drilling.  This force majeure gambit is a tactic by the industry to extend the primary terms of leases yet another way.  While this doesn't affect our members directly, this information will be useful to your friends and neighbors who may already have signed leases with a driller.  They should tell these folks not to sign anything regarding this issue without first consulting a lawyer.

Please talk to your neighbors if they already signed a gas lease and tell them of this development.

__________________________________________________________________________________

 Guest Speaker:

John E Lacey,

Agriculture Land Resource Specialist

607- 425-4441 jelacey1439@msn.com      

Ten years with Soil & Water Conservation. Twenty-five years with the Division of Agricultural Protection and Development (NYS Dept. of Agriculture & Markets): planning the on-site farmland mitigation of utility rights of way including the routing, construction, and restoration; and the field inspection of each stage per affected farm. Three years (presently) as a field consultant in: utility corridor analysis, mitigation planning, compliance monitoring and technical instruction.

"The rural landowner needs to be construction-savvy by understanding and planning beforehand for a gas gathering pipeline, and the steps of right-of-way construction mitigation and restoration. "

♦  Natural gas production requires more than a well drilling pad on "somebody else's" leased land. For every productive gas well, the gathering pipeline to transport the gas to the nearest main transmission line may involve a construction right-of-way through at least 12 to 30 or more additional landowners, depending on distance.

♦  Know your land and its soils. Knowledge - of your land's soil limitations, the natural soil drainage characteristics and the terrain - is important for determining: your land's tolerances and vulnerabilities to pipeline construction disturbance; and the best mitigation. Ideally, these factors are taken into account before signing a natural gas lease.

♦  Many of the pipeline constructors who bid on jobs over much of the country are more familiar with work in regions having climate, terrain and soils different from here. Verification of the right data about your land for pipeline route planning, construction mitigation, and effective restoration is key; as is the diligent monitoring of each phase of work by a qualified inspector.

♦  All soils are vulnerable to damage; but when the land is in wet condition it is most susceptible to destruction of its topsoil from unmitigated right-of-way construction. Here, soils receive a near steady average of 3 to 3.5 in. of precipitation per month - putting them continually at risk - in contrast to other regions that have a distinctly dry season for construction.

♦  Degradation and permanent loss of this region's limited topsoil layer happens from inadequate protection through the pipeline construction phase, i.e.: weeks or months of the trafficking; and severe rutting and inversion of the thin and vulnerable topsoil layer with the subsoil, by heavy equipment, in our continually moist-climate environment. To prevent such loss on farmlands, all right-of-way topsoil must be stripped down to the boundary of the subsoil layer and stockpiled aside for protection until time for farmland restoration.

♦  The temporary construction right-of-way through farmland (improved pasture, hayland. rotation, rotation cropland-hayland) should be the widest (relative to other affected lands), to provide sufficient working room plus the space for complete topsoil stripping and stockpiling.

♦  The temporary right-of-way through lands abandoned from farming and returning to shrubs, uses a moderately narrower construction width and implements a modified topsoil protection plan.

♦  The temporary construction right-of-way through forest land does not employ any topsoil stripping; but instead uses a narrow construction corridor and applies the trench spoil as a temporary cover over the native topsoil to help cushion the shallow, lateral root systems of the edge-trees from damage by pipeline traffic ... until construction is completed and the trench spoil is backfilled over the pipe.

♦  Landowners should carefully consider and inventory the property's overall resources including their investments in the land's existing improvements (pasture fences, tile drainage systems, conservation diversion terraces, crop field alignments/patterns, managed woodlots, ponds, access roads, everything ... ), before a natural gas lease is developed and finalized. Think about and determine the locations of least/most impact from a pipeline right-of-way and the critical steps of mitigation and land restoration, in the earliest stage of natural gas lease involvement as possible.

♦  Evaluate your land's safer locations for pipeline construction early in the leasing process; and know what areas are the ones to avoid. In many cases - but not always - the pipeline construction right -of-way has less permanent impact along property lines and field edges or hedgerows, depending on the land's drainage and rock depth. Severing farmlands through their tile drain systems or diversion terraces is undesirable; as is the oblique-angle alignment of a pipeline across contiguous field strips;

♦  A pipeline crossing underneath access lanes must be protected from heavy farm or logging equipment - bury the pipeline with at least 5 ft. depth of cover at access ways. In agricultural fields, pipelines must be at least 4 ft. beneath the surface; and in other rural lands reverting to shrubs and abandoned from farming they require at least 3 ft. depth of burial.

♦  The right-of-way restoration phase is critical. It must be carried out with the correct practices and in ideal conditions when the disturbed land and soils are relatively dry to moist - but not wet and vulnerable which lead to heavy damages. In disturbed farmlands, deep-ripping of the exposed and heavily compacted subsoil on the construction right-of-way, followed by rock picking, are fundamental before topsoil replacement and supplemental subsoiling. Each part of the restoration sequence should be monitored for effective completion by a qualified inspector.

♦  Avoid the offer of a hasty "restoration shortcut" on your land under the poor, wet seasonal condition of the soil. Delay the full restoration until seasonal conditions are suitable for effective work. When new drainage lines or section repairs are needed, specify the engineering grade: AASHTO-M252, which is more resistant to "ovaling" than the standard ASTM-F405 drainage material.

♦  Be involved directly, or through a qualified field inspector, in the monitoring of your land. This also applies not only to the construction and initial restoration phases but also to the minimum of two years of post-construction monitoring for residual impacts and corresponding follow up restoration.

♦  The pipeline constructor goes only by: the bid document; the information in the construction drawings; and the data that is gathered into the pipeline project's mitigation plan.  While you may not (but should) know what is in that mitigation plan - you DO know your land and what is in your lease.